REPRESENTATIVES Carey, Calvert, Core, Peterson, Husted, Grendell, Faber, Evans, Metzger, Buehrer, Hoops, Widowfield, Hughes, Clancy, Gilb, Raga, Webster, Womer Benjamin, DeWine, Collier, Setzer, Niehaus, Reidelbach, Flowers, Cates, Fessler, Schmidt, Hagan

To amend sections 9.06, 9.821, 9.822, 103.143,

1

102.02, 105.41, 111.16, 111.18, 111.23, 111.25,

2

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

3

122.011, 122.71, 122.76, 122.92, 125.22, 126.11,

4

126.21, 127.16, 131.01, 133.021, 133.06, 133.07,

5

140.01, 166.03, 169.01, 173.40, 175.22, 179.02,

6

179.03, 179.04, 181.51, 181.52, 181.54, 181.56,

7

183.09, 183.10, 183.17, 301.27, 325.071, 329.042,

8

349.01, 503.162, 504.03, 504.04, 505.24, 507.09,

9

901.43, 901.63, 901.81, 901.82, 917.07, 917.99,

10

1309.40, 1309.401, 1309.402, 1309.42, 1329.01,

11

1329.04, 1329.06, 1329.07, 1329.42, 1329.421,

12

1329.45, 1329.56, 1329.58, 1329.60, 1329.601,

13

1501.01, 1501.40, 1503.011, 1507.01, 1509.071,

14

1514.11, 1521.04, 1531.35, 1533.13, 1547.67,

15

1561.26, 1701.05, 1701.07, 1701.81, 1702.05,

16

1702.06, 1702.43, 1702.59, 1703.04, 1703.041,

17

1703.15, 1703.17, 1703.27, 1703.31, 1705.05,

18

1705.06, 1705.38, 1705.55, 1746.04, 1746.06,

19

1746.15, 1747.03, 1747.04, 1747.10, 1775.63,

20

1775.64, 1782.04, 1782.08, 1782.09, 1782.433,

21

1785.06, 1901.26, 1907.24, 2151.34, 2303.201,

22

2317.02, 2317.022, 2329.66, 2715.041, 2715.045,

23

2716.13, 2921.13, 2949.091, 2953.21, 3109.14,

24

3301.075, 3301.70, 3301.80, 3311.057, 3313.37,

25

3313.41, 3313.603, 3313.608, 3313.64, 3314.07,

26

3314.08, 3314.09, 3317.01, 3317.012, 3317.013,

27

3317.014, 3317.02, 3317.021, 3317.022, 3317.023,

28

3317.024, 3317.029, 3317.0212, 3317.0213,

29

3317.0216, 3317.03, 3317.05, 3317.051, 3317.064,

30

3317.11, 3317.13, 3317.16, 3317.161, 3317.162,

31

3317.19, 3317.20, 3318.04, 3318.05, 3318.052,

32

3318.06, 3318.08, 3318.12, 3318.31, 3318.36,

33

3318.362, 3318.37, 3318.38, 3319.19, 3321.01,

34

3323.09, 3323.091, 3333.02, 3333.03, 3333.043,

35

3333.12, 3333.13, 3333.21, 3333.22, 3383.01,

36

3383.02, 3383.04, 3383.07, 3701.142, 3702.68,

37

3721.07, 3721.12, 3721.16, 3721.17, 3734.57,

38

3734.82, 3734.901, 3745.014, 3745.04, 3745.11,

39

3745.22, 3750.02, 3769.08, 3769.20, 3770.06,

40

3793.04, 3902.23, 3923.28, 3923.30, 4105.17,

41

4115.10, 4121.44, 4123.27, 4301.43, 4504.05,

42

4511.81, 4701.10, 4701.16, 4713.10, 4715.03,

43

4715.13, 4715.14, 4715.16, 4715.21, 4715.24,

44

4715.27, 4717.02, 4717.07, 4717.08, 4717.09,

45

4723.08, 4723.79, 4731.14, 4731.53, 4736.12,

46

4736.14, 4743.05, 4775.01, 4775.02, 4775.08,

47

4775.99, 5101.071, 5101.14, 5101.141, 5101.145,

48

5101.184, 5101.19, 5101.36, 5101.521, 5101.54,

49

5101.80, 5101.83, 5101.85, 5101.853, 5101.854,

50

5103.031, 5103.033, 5103.036, 5103.0312,

51

5103.0313, 5103.0316, 5103.07, 5107.02, 5107.10,

52

5107.14, 5107.18, 5108.01, 5108.06, 5108.07,

53

5108.08, 5108.09, 5108.10, 5111.01, 5111.041,

54

5111.17, 5111.20, 5111.22, 5111.23, 5111.231,

55

5111.25, 5111.251, 5111.255, 5111.28, 5111.29,

56

5111.58, 5111.87, 5119.01, 5119.06, 5119.61,

57

5123.01, 5123.041, 5123.60, 5123.71, 5123.76,

58

5126.01, 5126.042, 5126.05, 5126.051, 5126.12,

59

5126.18, 5126.357, 5126.431, 5139.01, 5139.11,

60

5139.31, 5153.165, 5153.60, 5153.69, 5153.78,

61

5705.091, 5705.41, 5705.44, 5709.17, 5721.30,

62

5725.31, 5727.81, 5727.811, 5727.84, 5727.85,

63

5729.07, 5733.053, 5733.056, 5733.06, 5733.122,

64

5733.401, 5733.42, 5739.01, 5739.02, 5739.024,

65

5747.122, 5747.221, 5747.39, 6101.25, 6109.13,

66

6109.21, and 6111.035; to amend, for the purpose

67

of adopting new section numbers as indicated in

68

parentheses, sections 3317.161 (3317.052),

69

3317.162 (3317.053), 5101.19 (329.19), 5101.071

70

(5101.251), 5101.853 (5101.851), 5101.854

71

(5101.853), 5108.06 (5108.03), 5108.07 (5108.05),

72

5108.08 (5108.06), 5111.34 (5111.206), and 5111.87

73

(5111.871); to enact new sections 5101.852,

74

5108.07, 5108.08, 5111.34, 5111.341, 5111.87, and

75

5126.054 and sections 103.33, 340.16, 504.21,

76

991.20, 1502.12, 1513.10, 1521.19, 3302.041,

77

3303.01, 3305.061, 3311.058, 3314.072, 3314.091,

78

3317.0217, 3318.042, 3318.051, 3318.363, 3318.50,

79

3318.51, 3318.52, 3383.09, 3701.61, 3701.92,

80

3704.143, 3745.10, 3745.15, 4715.031, 4723.062,

81

4731.573, 4905.87, 5101.821, 5111.0110, 5111.042,

82

5111.081, 5111.171, 5111.342, 5111.343, 5111.344,

83

5111.345, 5111.346, 5111.347, 5111.348, 5111.349,

84

5111.3410, 5111.3411, 5111.3412, 5111.3413,

85

5111.3414, 5111.3415, 5111.63, 5111.64, 5111.85,

86

5111.86, 5111.872, 5111.873, 5123.044, 5123.045,

87

5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,

88

5123.0411, 5123.0412, 5123.0413, 5123.195,

89

5126.046, 5126.047, 5126.055, and 5126.056; and to

90

repeal sections 9.832, 105.45, 105.46, 121.51,

91

121.52, 121.53, 131.41, 166.032, 307.031, 1329.68,

92

1503.35, 1503.351, 1507.12, 2151.341, 3317.0215,

93

3318.055, 3318.061, 3318.081, 3318.13, 3318.14,

94

3318.17, 3318.361, 3702.17, 3729.01, 3729.02,

95

3729.03, 3729.05, 3729.10, 3729.11, 3729.12,

96

3729.14, 3729.15, 3729.16, 3729.17, 3729.18,

97

3729.21, 3729.22, 3729.23, 3729.24, 3729.26,

98

3729.29, 3729.36, 3729.40, 3729.41, 3729.43,

99

3729.45, 3729.46, 3729.55, 3729.61, 3729.99,

100

5101.143, 5101.52, 5101.541, 5101.542, 5101.543,

101

5101.851, 5101.852, 5111.341, 5111.88, 5126.054,

102

and 5139.281 of the Revised Code; to amend the

103

versions of sections 2152.43 and 5139.31 of the

104

Revised Code that are scheduled to take effect

105

January 1, 2002; and to amend the versions of

106

sections 5139.01 and 5139.11 of the Revised Code

107

that are scheduled to take effect January 1, 2002,

108

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

109

the 121st General Assembly, as subsequently

110

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

111

of the 121st General Assembly, as subsequently

112

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

113

the 121st General Assembly, as subsequently

114

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

115

of the 122nd General Assembly, as subsequently

116

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

117

of the 122nd General Assembly, as subsequently

118

amended; to amend Section 9 of Am. Sub. S.B. 192

119

of the 123rd General Assembly; to amend Section 4

120

of Am. S.B. 210 of the 123rd General Assembly; to

121

amend Sections 129 and 180 of Am. Sub. H.B. 283 of

122

the 123rd General Assembly; to amend Sections 10

123

and 13 of Am. Sub. S.B. 287 of the 123rd General

124

Assembly to repeal Section 18 of Am. Sub. H.B. 650

125

of the 122nd General Assembly, as subsequently

126

amended; to repeal Section 17 of Am. Sub. H.B. 282

127

of the 123rd General Assembly, as subsequently

128

amended; to repeal Section 15 of Am. Sub. S.B. 287

129

of the 123rd General Assembly and to repeal

130

Section 173 of this act on January 16, 2002 to

131

make operating appropriations for the biennium

132

beginning July 1, 2001, and ending June 30, 2003,

133

and to provide authorization and conditions for

134

the operation of state programs.

135

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

Section 1. That sections 9.06, 9.821, 9.822, 103.143, 102.02,	136
105.41, 111.16, 111.18, 111.23, 111.25, 118.08, 120.06, 120.16,	137
120.26, 120.33, 121.40, 122.011, 122.71, 122.76, 122.92, 125.22,	138
126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 140.01,	139
166.03, 169.01, 173.40, 175.22, 179.02, 179.03, 179.04, 181.51,	140
181.52, 181.54, 181.56, 183.09, 183.10, 183.17, 301.27, 325.071,	141
329.042, 349.01, 503.162, 504.03, 504.04, 505.24, 507.09, 901.43,	142
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401,	143
1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42,	144
1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1501.01,	145
1501.40, 1503.011, 1507.01, 1509.071, 1514.11, 1521.04, 1531.35,	146
1533.13, 1547.67, 1561.26, 1701.05, 1701.07, 1701.81, 1702.05,	147
1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15, 1703.17,	148
1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55, 1746.04,	149
1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63, 1775.64,	150
1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26, 1907.24,	151
2151.34, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,	152
2715.045, 2716.13, 2921.13, 2949.091, 2953.21, 3109.14, 3301.075,	153
3301.70, 3301.80, 3311.057, 3313.37, 3313.41, 3313.603, 3313.608,	154
3313.64, 3314.07, 3314.08, 3314.09, 3317.01, 3317.012, 3317.013,	155
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	156
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,	157
3317.051, 3317.064, 3317.11, 3317.13, 3317.16, 3317.161, 3317.162,	158
3317.19, 3317.20, 3318.04, 3318.05, 3318.052, 3318.06, 3318.08,	159
3318.12, 3318.31, 3318.36, 3318.362, 3318.37, 3318.38, 3319.19,	160
3321.01, 3323.09, 3323.091, 3333.02, 3333.03, 3333.043, 3333.12,	161
3333.13, 3333.21, 3333.22, 3383.01, 3383.02, 3383.04, 3383.07,	162
3701.142, 3702.68, 3721.07, 3721.12, 3721.16, 3721.17, 3734.57,	163
3734.82, 3734.901, 3745.014, 3745.04, 3745.11, 3745.22, 3750.02,	164
3769.08, 3769.20, 3770.06, 3793.04, 3902.23, 3923.28, 3923.30,	165
4105.17, 4115.10, 4121.44, 4123.27, 4301.43, 4504.05, 4511.81,	166
4701.10, 4701.16, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16,	167
4715.21, 4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09,	168
4723.08, 4723.79, 4731.14, 4731.53, 4736.12, 4736.14, 4743.05,	169
4775.01, 4775.02, 4775.08, 4775.99, 5101.071, 5101.14, 5101.141,	170
5101.145, 5101.184, 5101.19, 5101.36, 5101.521, 5101.54, 5101.80,	171
5101.83, 5101.85, 5101.853, 5101.854, 5103.031, 5103.033,	172
5103.036, 5103.0312, 5103.0313, 5103.0316, 5103.07, 5107.02,	173
5107.10, 5107.14, 5107.18, 5108.01, 5108.06, 5108.07, 5108.08,	174
5108.09, 5108.10, 5111.01, 5111.041, 5111.17, 5111.20, 5111.22,	175
5111.23, 5111.231, 5111.25, 5111.251, 5111.255, 5111.28, 5111.29,	176
5111.58, 5111.87, 5119.01, 5119.06, 5119.61, 5123.01, 5123.041,	177
5123.60, 5123.71, 5123.76, 5126.01, 5126.042, 5126.05, 5126.051,	178
5126.12, 5126.18, 5126.357, 5126.431, 5139.01, 5139.11, 5139.31,	179
5153.165, 5153.60, 5153.69, 5153.78, 5705.091, 5705.41, 5705.44,	180
5709.17, 5721.30, 5725.31, 5727.81, 5727.811, 5727.84, 5727.85,	181
5729.07, 5733.053, 5733.056, 5733.06, 5733.122, 5733.401, 5733.42,	182
5739.01, 5739.02, 5739.024, 5747.122, 5747.221, 5747.39, 6101.25,	183
6109.13, 6109.21, and 6111.035 be amended; sections 3317.161	184
(3317.052), 3317.162 (3317.053), 5101.19 (329.19), 5101.071	185
(5101.251), 5101.853 (5101.851), 5101.854 (5101.853), 5108.06	186
(5108.03), 5108.07 (5108.05), 5108.08 (5108.06), 5111.34	187
(5111.206), and 5111.87 (5111.871) be amended for the purpose of	188
adopting new section numbers as indicated in parentheses; and new	189
sections 5101.852, 5108.07, 5108.08, 5111.34, 5111.341, 5111.87,	190
and 5126.054 and sections 103.33, 340.16, 504.21, 991.20,	191
1502.12, 1513.10, 1521.19, 3302.041, 3303.01, 3305.061, 3311.058,	192
3314.072, 3314.091, 3317.0217, 3318.042, 3318.051, 3318.363,	193
3318.50, 3318.51, 3318.52, 3383.09, 3701.61, 3701.92, 3704.143,	194
3745.10, 3745.15, 4715.031, 4723.062, 4731.573, 4905.87, 5101.821,	195
5111.0110, 5111.042, 5111.081, 5111.171, 5111.342, 5111.343,	196
5111.344, 5111.345, 5111.346, 5111.347, 5111.348, 5111.349,	197
5111.3410, 5111.3411, 5111.3412, 5111.3413, 5111.3414, 5111.3415,	198
5111.63, 5111.64, 5111.85, 5111.86, 5111.872, 5111.873, 5123.044,	199
5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,	200
5123.0411, 5123.0412, 5123.0413, 5123.195, 5126.046, 5126.047,	201
5126.055, and 5126.056 of the Revised Code be enacted to read as	202
follows:	203

Sec. 9.06.  (A)(1) The department of rehabilitation and	204
correction shall contract for the private operation and management	205
pursuant to this section of the initial intensive program prison	206
established pursuant to section 5120.033 of the Revised Code and	207
may contract for the private operation and management of any other	208
facility under this section. Counties and municipal corporations	209
to the extent authorized in sections 307.93, 341.35, 753.03, and	210
753.15 of the Revised Code, may contract for the private operation	211
and management of a facility under this section. A contract	212
entered into under this section shall be for an initial term of	213
not more than two years, with an option to renew for additional	214
periods of two years.	215

(2) Not later than December 31, 1998, the The department of	216
rehabilitation and correction, by rule, shall adopt minimum	217
criteria and specifications that a person or entity, other than a	218
person or entity that satisfies the criteria set forth in division	219
(A)(3)(a) of this section and subject to division (I) of this	220
section, must satisfy in order to apply to operate and manage as a	221
contractor pursuant to this section the initial intensive program	222
prison established pursuant to section 5120.033 of the Revised	223
Code.	224

(3) Subject to division (I) of this section, any person or	225
entity that applies to operate and manage a facility as a	226
contractor pursuant to this section shall satisfy one or more of	227
the following criteria:	228

(a) The person or entity is accredited by the American	229
correctional association and, at the time of the application,	230
operates and manages one or more facilities accredited by the	231
American correctional association.	232

(b) The person or entity satisfies all of the minimum	233
criteria and specifications adopted by the department of	234
rehabilitation and correction pursuant to division (A)(2) of this	235
section, provided that this alternative shall be available only in	236
relation to the initial intensive program prison established	237
pursuant to section 5120.033 of the Revised Code.	238

(4) Subject to division (I) of this section, before a public	239
entity may enter into a contract under this section, the	240
contractor shall convincingly demonstrate to the public entity	241
that it can operate the facility with the inmate capacity required	242
by the public entity and provide the services required in this	243
section and realize at least a five per cent savings over the	244
projected cost to the public entity of providing these same	245
services to operate the facility that is the subject of the	246
contract. No out-of-state prisoners may be housed in any facility	247
that is the subject of a contract entered into under this section.	248

(B) Subject to division (I) of this section, any contract	249
entered into under this section shall include all of the	250
following:	251

(1) A requirement that the contractor retain the	252
contractor's accreditation from the American correctional	253
association throughout the contract term or, if the contractor	254
applied pursuant to division (A)(3)(b) of this section, continue	255
complying with the applicable criteria and specifications adopted	256
by the department of rehabilitation and correction pursuant to	257
division (A)(2) of this section;	258

(2) A requirement that all of the following conditions be	259
met:	260

(a) The contractor begins the process of accrediting the	261
facility with the American correctional association no later than	262
sixty days after the facility receives its first inmate.	263

(b) The contractor receives accreditation of the facility	264
within twelve months after the date the contractor applies to the	265
American correctional association for accreditation.	266

(c) Once the accreditation is received, the contractor	267
maintains it for the duration of the contract term.	268

(d) If the contractor does not comply with divisions	269
(B)(2)(a) to (c) of this section, the contractor is in violation	270
of the contract, and the public entity may revoke the contract at	271
its discretion.	272

(3) A requirement that the contractor comply with all rules	273
promulgated by the department of rehabilitation and correction	274
that apply to the operation and management of correctional	275
facilities, including the minimum standards for jails in Ohio and	276
policies regarding the use of force and the use of deadly force,	277
although the public entity may require more stringent standards,	278
and comply with any applicable laws, rules, or regulations of the	279
federal, state, and local governments, including, but not limited	280
to, sanitation, food service, safety, and health regulations. The	281
contractor shall be required to send copies of reports of	282
inspections completed by the appropriate authorities regarding	283
compliance with rules and regulations to the director of	284
rehabilitation and correction or the director's designee and, if	285
contracting with a local public entity, to the governing authority	286
of that entity.	287

(4) A requirement that the contractor report for	288
investigation all crimes in connection with the facility to the	289
public entity, to all local law enforcement agencies with	290
jurisdiction over the place at which the facility is located, and,	291
for a crime committed at a state correctional institution, to the	292
state highway patrol;	293

(5) A requirement that the contractor immediately report all	294
escapes from the facility, and the apprehension of all escapees,	295
by telephone and in writing to all local law enforcement agencies	296
with jurisdiction over the place at which the facility is located,	297
to the prosecuting attorney of the county in which the facility is	298
located, to the state highway patrol, to a daily newspaper having	299
general circulation in the county in which the facility is	300
located, and, if the institution facility is a state correctional	301
institution, to the department of rehabilitation and correction.	302
The written notice may be by either facsimile transmission or	303
mail. A failure to comply with this requirement regarding an	304
escape is a violation of section 2921.22 of the Revised Code.	305

(6) A requirement that, if the facility is a state	306
correctional institution, the contractor provide a written report	307
within specified time limits to the director of rehabilitation and	308
correction or the director's designee of all unusual incidents at	309
the facility as defined in rules promulgated by the department of	310
rehabilitation and correction or, if the facility is a local	311
correctional institution, that the contractor provide a written	312
report of all unusual incidents at the facility to the governing	313
authority of the local public entity;	314

(7) A requirement that the contractor maintain proper	315
control of inmates' personal funds pursuant to rules promulgated	316
by the department of rehabilitation and correction, for state	317
correctional institutions, or pursuant to the minimum standards	318
for jails along with any additional standards established by the	319
local public entity, for local correctional institutions, and that	320
records pertaining to these funds be made available to	321
representatives of the public entity for review or audit;	322

(8) A requirement that the contractor prepare and distribute	323
to the director of rehabilitation and correction or, if	324
contracting with a local public entity, to the governing authority	325
of the local entity, annual budget income and expenditure	326
statements and funding source financial reports;	327

(9) A requirement that the public entity appoint and	328
supervise a full-time contract monitor, that the contractor	329
provide suitable office space for the contract monitor at the	330
facility, and that the contractor allow the contract monitor	331
unrestricted access to all parts of the facility and all records	332
of the facility except the contractor's financial records;	333

(10) A requirement that if the facility is a state	334
correctional institution, designated department of rehabilitation	335
and correction staff members be allowed access to the facility in	336
accordance with rules promulgated by the department;	337

(11) A requirement that the contractor provide internal and	338
perimeter security as agreed upon in the contract;	339

(12) If the facility is a state correctional institution, a	340
requirement that the contractor impose discipline on inmates	341
housed in a state correctional institution, only in accordance	342
with rules promulgated by the department of rehabilitation and	343
correction;	344

(13) A requirement that the facility be staffed at all times	345
with a staffing pattern approved by the public entity and adequate	346
both to ensure supervision of inmates and maintenance of security	347
within the facility, and to provide for programs, transportation,	348
security, and other operational needs. In determining security	349
needs, the contractor shall be required to consider, among other	350
things, the proximity of the facility to neighborhoods and	351
schools.	352

(14) If the contract is with a local public entity, a	353
requirement that the contractor provide services and programs,	354
consistent with the minimum standards for jails promulgated by the	355
department of rehabilitation and correction under section 5120.10	356
of the Revised Code;	357

(15) A clear statement that no immunity from liability	358
granted to the state, and no immunity from liability granted to	359
political subdivisions under Chapter 2744. of the Revised Code,	360
shall extend to the contractor or any of the contractor's	361
employees;	362

(16) A statement that all documents and records relevant to	363
the facility shall be maintained in the same manner required for,	364
and subject to the same laws, rules, and regulations as apply to,	365
the records of the public entity;	366

(17) Authorization for the public entity to impose a fine on	367
the contractor from a schedule of fines included in the contract	368
for the contractor's failure to perform its contractual duties, or	369
to cancel the contract, as the public entity considers	370
appropriate. If a fine is imposed, the public entity may reduce	371
the payment owed to the contractor pursuant to any invoice in the	372
amount of the imposed fine.	373

(18) A statement that all services provided or goods	374
produced at the facility shall be subject to the same regulations,	375
and the same distribution limitations, as apply to goods and	376
services produced at other correctional institutions;	377

(19) Authorization for the department to establish one or	378
more prison industries at a facility operated and managed by a	379
contractor for the department;	380

(20) A requirement that, if the facility is an intensive	381
program prison established pursuant to section 5120.033 of the	382
Revised Code, the facility shall comply with all criteria for	383
intensive program prisons of that type that are set forth in that	384
section;	385

(21) If the institution is a state correctional institution,	386
a requirement that the contractor provide clothing for all inmates	387
housed in the facility that is conspicuous in its color, style, or	388
color and style, that conspicuously identifies its wearer as an	389
inmate, and that is readily distinguishable from clothing of a	390
nature that normally is worn outside the facility by non-inmates,	391
that the contractor require all inmates housed in the facility to	392
wear the clothing so provided, and that the contractor not permit	393
any inmate, while inside or on the premises of the facility or	394
while being transported to or from the facility, to wear any	395
clothing of a nature that does not conspicuously identify its	396
wearer as an inmate and that normally is worn outside the facility	397
by non-inmates.	398

(C) No contract entered into under this section may require,	399
authorize, or imply a delegation of the authority or	400
responsibility of the public entity to a contractor for any of the	401
following:	402

(1) Developing or implementing procedures for calculating	403
inmate release and parole eligibility dates and recommending the	404
granting or denying of parole, although the contractor may submit	405
written reports that have been prepared in the ordinary course of	406
business;	407

(2) Developing or implementing procedures for calculating	408
and awarding earned credits, approving the type of work inmates	409
may perform and the wage or earned credits, if any, that may be	410
awarded to inmates engaging in such that work, and granting,	411
denying, or revoking earned credits;	412

(3) For inmates serving a term imposed for a felony offense	413
committed prior to July 1, 1996, or for a misdemeanor offense,	414
developing or implementing procedures for calculating and awarding	415
good time, approving the good time, if any, that may be awarded to	416
inmates engaging in work, and granting, denying, or revoking good	417
time;	418

(4) For inmates serving a term imposed for a felony offense	419
committed on or after July 1, 1996, extending an inmate's term	420
pursuant to the provisions of law governing bad time;	421

(5) Classifying an inmate or placing an inmate in a more or	422
a less restrictive custody than the custody ordered by the public	423
entity;	424

(6) Approving inmates for work release;

425

(7) Contracting for local or long distance telephone	426
services for inmates or receiving commissions from such those	427
services at a facility that is owned by or operated under a	428
contract with the department.	429

(D) A contractor that has been approved to operate a	430
facility under this section, and a person or entity that enters	431
into a contract for specialized services, as described in division	432
(I) of this section, relative to an intensive program prison	433
established pursuant to section 5120.033 of the Revised Code to be	434
operated by a contractor that has been approved to operate the	435
prison under this section, shall provide an adequate policy of	436
insurance specifically including, but not limited to, insurance	437
for civil rights claims as determined by a risk management or	438
actuarial firm with demonstrated experience in public liability	439
for state governments. The insurance policy shall provide that	440
the state, including all state agencies, and all political	441
subdivisions of the state with jurisdiction over the facility or	442
in which a facility is located are named as insured, and that the	443
state and its political subdivisions shall be sent any notice of	444
cancellation. The contractor may not self-insure.	445

A contractor that has been approved to operate a facility	446
under this section, and a person or entity that enters into a	447
contract for specialized services, as described in division (I) of	448
this section, relative to an intensive program prison established	449
pursuant to section 5120.033 of the Revised Code to be operated by	450
a contractor that has been approved to operate the prison under	451
this section, shall indemnify and hold harmless the state, its	452
officers, agents, and employees, and any local government entity	453
in the state having jurisdiction over the facility or ownership of	454
the facility, shall reimburse the state for its costs in defending	455
the state or any of its officers, agents, or employees, and shall	456
reimburse any local government entity of that nature for its costs	457
in defending the local government entity, from all of the	458
following:	459

(1) Any claims or losses for services rendered by the	460
contractor, person, or entity performing or supplying services in	461
connection with the performance of the contract;	462

(2) Any failure of the contractor, person, or entity or its	463
officers or employees to adhere to the laws, rules, regulations,	464
or terms agreed to in the contract;	465

(3) Any constitutional, federal, state, or civil rights	466
claim brought against the state related to the facility operated	467
and managed by the contractor;	468

(4) Any claims, losses, demands, or causes of action arising	469
out of the contractor's, person's, or entity's activities in this	470
state;	471

(5) Any attorney's fees or court costs arising from any	472
habeas corpus actions or other inmate suits that may arise from	473
any event that occurred at the facility or was a result of such an	474
event, or arise over the conditions, management, or operation of	475
the facility, which fees and costs shall include, but not be	476
limited to, attorney's fees for the state's representation and for	477
any court-appointed representation of any inmate, and the costs of	478
any special judge who may be appointed to hear such those actions	479
or suits.	480

(E) Private correctional officers of a contractor operating	481
and managing a facility pursuant to a contract entered into under	482
this section may carry and use firearms in the course of their	483
employment only after being certified as satisfactorily completing	484
an approved training program as described in division (A) of	485
section 109.78 of the Revised Code.	486

(F) Upon notification by the contractor of an escape from,	487
or of a disturbance at, the facility that is the subject of a	488
contract entered into under this section, the department of	489
rehabilitation and correction and state and local law enforcement	490
agencies shall use all reasonable means to recapture escapees or	491
quell any disturbance. Any cost incurred by the state or its	492
political subdivisions relating to the apprehension of an escapee	493
or the quelling of a disturbance at the facility shall be	494
chargeable to and borne by the contractor. The contractor shall	495
also reimburse the state or its political subdivisions for all	496
reasonable costs incurred relating to the temporary detention of	497
the escapee following recapture.	498

(G) Any offense that would be a crime if committed at a	499
state correctional institution or jail, workhouse, prison, or	500
other correctional facility shall be a crime if committed by or	501
with regard to inmates at facilities operated pursuant to a	502
contract entered into under this section.	503

(H) A contractor operating and managing a facility pursuant	504
to a contract entered into under this section shall pay any inmate	505
workers at the facility at the rate approved by the public entity.	506
Inmates working at the facility shall not be considered employees	507
of the contractor.	508

(I) In contracting for the private operation and management	509
pursuant to division (A) of this section of the initial intensive	510
program prison established pursuant to section 5120.033 of the	511
Revised Code or of any other intensive program prison established	512
pursuant to that section, the department of rehabilitation and	513
correction may enter into a contract with a contractor for the	514
general operation and management of the prison and may enter into	515
one or more separate contracts with other persons or entities for	516
the provision of specialized services for persons confined in the	517
prison, including, but not limited to, security or training	518
services or medical, counseling, educational, or similar treatment	519
programs. If, pursuant to this division, the department enters	520
into a contract with a contractor for the general operation and	521
management of the prison and also enters into one or more	522
specialized service contracts with other persons or entities, all	523
of the following apply:	524

(1) The contract for the general operation and management	525
shall comply with all requirements and criteria set forth in this	526
section, and all provisions of this section apply in relation to	527
the prison operated and managed pursuant to the contract.	528

(2) Divisions (A)(2), (B), and (C) of this section do not	529
apply in relation to any specialized services contract, except to	530
the extent that the provisions of those divisions clearly are	531
relevant to the specialized services to be provided under the	532
specialized services contract. Division (D) of this section	533
applies in relation to each specialized services contract.	534

(J) As used in this section:

535

(1) "Public entity" means the department of rehabilitation	536
and correction, or a county or municipal corporation or a	537
combination of counties and municipal corporations, that has	538
jurisdiction over a facility that is the subject of a contract	539
entered into under this section.	540

(2) "Local public entity" means a county or municipal	541
corporation, or a combination of counties and municipal	542
corporations, that has jurisdiction over a jail, workhouse, or	543
other correctional facility used only for misdemeanants that is	544
the subject of a contract entered into under this section.	545

(3) "Governing authority of a local public entity" means, for	546
a county, the board of county commissioners; for a municipal	547
corporation, the legislative authority; for a combination of	548
counties and municipal corporation, all the boards of county	549
commissioners and municipal legislative authorities that joined to	550
create the facility.	551

(4) "Contractor" means a person who or entity that enters	552
into a contract under this section to operate and manage a jail,	553
workhouse, or other correctional facility.	554

(5) "Facility" means the specific county, multicounty,	555
municipal, municipal-county, or multicounty-municipal jail,	556
workhouse, prison, or other type of correctional institution or	557
facility used only for misdemeanants, or a state correctional	558
institution, that is the subject of a contract entered into under	559
this section.	560

(6) "Person or entity" in the case of a contract for the	561
private operation and management of a state correctional	562
institution, includes an employee organization, as defined in	563
section 4117.01 of the Revised Code, that represents employees at	564
state correctional institutions.	565

Sec. 9.821.  (A) The department of administrative services	566
shall direct and manage for state agencies all risk management and	567
insurance programs authorized under section 9.822 of the Revised	568
Code.	569

(B) The office of risk management is hereby established	570
within the department of administrative services. The director of	571
administrative services, or a deputy director appointed by the	572
director, shall control and supervise the office.	573

(C) The office may take any of the following actions that it	574
determines to be in the best interests of the state:	575

(1) Provide all insurance coverages for the state,	576
including, but not limited to, automobile liability, casualty,	577
property, public liability, and, except as provided in division	578
(C)(6) of this section, fidelity bond insurance;. The cost of	579
insurance coverage shall be paid from appropriations made to the	580
state agencies that the office has designated to receive the	581
coverage.	582

(2) Provide coverage of legal expenses that are necessary	583
and related to the legal defense of claims against the state;	584

(3) Purchase insurance policies consistent with sections	585
125.01 to 125.111 of the Revised Code, develop and administer	586
self-insurance programs, or do both;	587

(4) Consolidate and combine state insurance coverages;

588

(5) Provide technical services in risk management and	589
insurance to state agencies;	590

(6)(a) Establish and administer a self-insured fidelity bond	591
program for a particular class or subclass of state officer,	592
employee, or agent, if, prior to the establishment and	593
administration of this program, the director does both of the	594
following:	595

(i) Holds a hearing in accordance with Chapter 119. of the	596
Revised Code to determine whether fidelity bond insurance for that	597
particular class or subclass of state officer, employee, or agent	598
is available in the voluntary market;	599

(ii) If, as a result of that hearing, the director	600
determines that fidelity bond insurance for a particular class or	601
subclass of state officer, employee, or agent is unavailable in	602
the voluntary market and that the absence of this insurance	603
threatens the operation of state government and will be	604
detrimental to the general welfare of the citizens of this state,	605
adopts rules in accordance with Chapter 119. of the Revised Code	606
to establish standards and procedures governing the establishment,	607
administration, and termination of the fidelity bond program for	608
that particular class or subclass of state officer, employee, or	609
agent.	610

(b) Division (C)(6)(a) of this section does not apply to any	611
self-insured blanket fidelity bond program that, on the effective	612
date of this section September 20, 1993, has been established	613
pursuant to section 9.831 or 9.832 of the Revised Code.	614

(7) Except as provided in division (C)(6) of this section,	615
adopt and publish, in accordance with section 111.15 of the	616
Revised Code, necessary rules and procedures governing the	617
administration of the state's insurance and risk management	618
activities.	619

(D) No state agency, except a state agency exempted under	620
section 125.02 or 125.04 of the Revised Code from the department's	621
purchasing authority, shall purchase any insurance described in	622
this section except as authorized by the department and in	623
accordance with terms, conditions, and procurement methods	624
established by the department.	625

(E) With respect to any civil action, demand, or claim	626
against the state that could be filed in the court of claims,	627
nothing in sections 9.82 to 9.823 of the Revised Code shall be	628
interpreted to permit the settlement or compromise of those civil	629
actions, demands, or claims, except in the manner provided in	630
Chapter 2743. of the Revised Code.	631

Sec. 9.822.  (A) The department of administrative services	632
through the office of risk management shall establish an insurance	633
plan or plans, which that may provide for self-insurance or the	634
purchase of insurance, or both, for any of the following purposes:	635

(1) Insuring state real and personal property against losses	636
occasioned by fire, windstorm, or other accidents and perils;	637

(2) Insuring the state and its officers and employees	638
against liability resulting from any civil action, demand, or	639
claim against the state or its officers and employees arising out	640
of any act or omission of an officer or employee in the	641
performance of his official duties, except acts and omissions for	642
which indemnification is prohibited under section 9.87 of the	643
Revised Code;	644

(3) Insuring the state through the fidelity bonding of state	645
officers, employees, and agents who are required by law to provide	646
a fidelity bond.	647

(B)(1) Prior to the establishment of any self-insured	648
fidelity bond program for a particular class or subclass of state	649
officer, employee, or agent authorized pursuant to division (A)(3)	650
of this section, the director of administrative services shall	651
follow the procedures for holding a hearing and adopting rules set	652
forth in division (C)(6)(a) of section 9.821 of the Revised Code.	653

(2) Division (B)(1) of this section does not apply to any	654
self-insured blanket fidelity bond program that, on the effective	655
date of this section September 20, 1993, has been established	656
pursuant to section 9.831 or 9.832 of the Revised Code.	657

(3) The director shall prepare annually a written report	658
detailing any self-insured fidelity bond program established	659
pursuant to division (A)(3) of this section. The report shall	660
include, but is not limited to, information relating to premiums	661
collected, income from recovery, loss experience, and	662
administrative costs of the program. A copy of the report,	663
together with a copy of those portions of the most recent reports	664
submitted under division (D) of section 9.823 of the Revised Code	665
and pertaining that pertain to any such self-insured fidelity bond	666
program, shall be submitted to the speaker of the house of	667
representatives and the president of the senate by the first last	668
day of September March of each year.	669

Sec. 102.02.  (A) Except as otherwise provided in division	670
(H) of this section, every person who is elected to or is a	671
candidate for a state, county, or city office, or the office of	672
member of the United States congress, and every person who is	673
appointed to fill a vacancy for an unexpired term in such an	674
elective office; all members of the state board of education; the	675
director, assistant directors, deputy directors, division chiefs,	676
or persons of equivalent rank of any administrative department of	677
the state; the president or other chief administrative officer of	678
every state institution of higher education as defined in section	679
3345.011 of the Revised Code; the chief executive officer of each	680
state retirement system; all members of the board of commissioners	681
on grievances and discipline of the supreme court and the ethics	682
commission created under section 102.05 of the Revised Code; every	683
business manager, treasurer, or superintendent of a city, local,	684
exempted village, joint vocational, or cooperative education	685
school district or an educational service center; every person who	686
is elected to or is a candidate for the office of member of a	687
board of education of a city, local, exempted village, joint	688
vocational, or cooperative education school district or of a	689
governing board of an educational service center that has a total	690
student count of twelve thousand or more as most recently	691
determined by the department of education pursuant to section	692
3317.03 of the Revised Code; every person who is appointed to the	693
board of education of a municipal school district pursuant to	694
division (B) or (F) of section 3311.71 of the Revised Code; all	695
members of the board of directors of a sanitary district	696
established under Chapter 6115. of the Revised Code and organized	697
wholly for the purpose of providing a water supply for domestic,	698
municipal, and public use that includes two municipal corporations	699
in two counties; every public official or employee who is paid a	700
salary or wage in accordance with schedule C of section 124.15 or	701
schedule E-2 of section 124.152 of the Revised Code; members of	702
the board of trustees and the executive director of the tobacco	703
use prevention and control foundation; members of the board of	704
trustees and the executive director of the southern Ohio	705
agricultural and community development foundation; members and the	706
executive director of the biomedical research and technology	707
transfer commission; and every other public official or employee	708
who is designated by the appropriate ethics commission pursuant to	709
division (B) of this section shall file with the appropriate	710
ethics commission on a form prescribed by the commission, a	711
statement disclosing all of the following:	712

(1) The name of the person filing the statement and each	713
member of the person's immediate family and all names under which	714
the person or members of the person's immediate family do	715
business;	716

(2)(a) Subject to divisions (A)(2)(b) and (c) of this	717
section and except as otherwise provided in section 102.022 of the	718
Revised Code, identification of every source of income, other than	719
income from a legislative agent identified in division (A)(2)(b)	720
of this section, received during the preceding calendar year, in	721
the person's own name or by any other person for the person's use	722
or benefit, by the person filing the statement, and a brief	723
description of the nature of the services for which the income was	724
received. If the person filing the statement is a member of the	725
general assembly, the statement shall identify the amount of every	726
source of income received in accordance with the following ranges	727
of amounts: zero or more, but less than one thousand dollars; one	728
thousand dollars or more, but less than ten thousand dollars; ten	729
thousand dollars or more, but less than twenty-five thousand	730
dollars; twenty-five thousand dollars or more, but less than fifty	731
thousand dollars; fifty thousand dollars or more, but less than	732
one hundred thousand dollars; and one hundred thousand dollars or	733
more. Division (A)(2)(a) of this section shall not be construed	734
to require a person filing the statement who derives income from a	735
business or profession to disclose the individual items of income	736
that constitute the gross income of that business or profession,	737
except for those individual items of income that are attributable	738
to the person's or, if the income is shared with the person, the	739
partner's, solicitation of services or goods or performance,	740
arrangement, or facilitation of services or provision of goods on	741
behalf of the business or profession of clients, including	742
corporate clients, who are legislative agents as defined in	743
section 101.70 of the Revised Code. A person who files the	744
statement under this section shall disclose the identity of and	745
the amount of income received from a person who the public	746
official or employee knows or has reason to know is doing or	747
seeking to do business of any kind with the public official's or	748
employee's agency.	749

(b) If the person filing the statement is a member of the	750
general assembly, the statement shall identify every source of	751
income and the amount of that income that was received from a	752
legislative agent, as defined in section 101.70 of the Revised	753
Code, during the preceding calendar year, in the person's own name	754
or by any other person for the person's use or benefit, by the	755
person filing the statement, and a brief description of the nature	756
of the services for which the income was received. Division	757
(A)(2)(b) of this section requires the disclosure of clients of	758
attorneys or persons licensed under section 4732.12 of the Revised	759
Code, or patients of persons certified under section 4731.14 of	760
the Revised Code, if those clients or patients are legislative	761
agents. Division (A)(2)(b) of this section requires a person	762
filing the statement who derives income from a business or	763
profession to disclose those individual items of income that	764
constitute the gross income of that business or profession that	765
are received from legislative agents.	766

(c) Except as otherwise provided in division (A)(2)(c) of	767
this section, division (A)(2)(a) of this section applies to	768
attorneys, physicians, and other persons who engage in the	769
practice of a profession and who, pursuant to a section of the	770
Revised Code, the common law of this state, a code of ethics	771
applicable to the profession, or otherwise, generally are required	772
not to reveal, disclose, or use confidences of clients, patients,	773
or other recipients of professional services except under	774
specified circumstances or generally are required to maintain	775
those types of confidences as privileged communications except	776
under specified circumstances. Division (A)(2)(a) of this section	777
does not require an attorney, physician, or other professional	778
subject to a confidentiality requirement as described in division	779
(A)(2)(c) of this section to disclose the name, other identity, or	780
address of a client, patient, or other recipient of professional	781
services if the disclosure would threaten the client, patient, or	782
other recipient of professional services, would reveal details of	783
the subject matter for which legal, medical, or professional	784
advice or other services were sought, or would reveal an otherwise	785
privileged communication involving the client, patient, or other	786
recipient of professional services. Division (A)(2)(a) of this	787
section does not require an attorney, physician, or other	788
professional subject to a confidentiality requirement as described	789
in division (A)(2)(c) of this section to disclose in the brief	790
description of the nature of services required by division	791
(A)(2)(a) of this section any information pertaining to specific	792
professional services rendered for a client, patient, or other	793
recipient of professional services that would reveal details of	794
the subject matter for which legal, medical, or professional	795
advice was sought or would reveal an otherwise privileged	796
communication involving the client, patient, or other recipient of	797
professional services.	798

(3) The name of every corporation on file with the secretary	799
of state that is incorporated in this state or holds a certificate	800
of compliance authorizing it to do business in this state, trust,	801
business trust, partnership, or association that transacts	802
business in this state in which the person filing the statement or	803
any other person for the person's use and benefit had during the	804
preceding calendar year an investment of over one thousand dollars	805
at fair market value as of the thirty-first day of December of the	806
preceding calendar year, or the date of disposition, whichever is	807
earlier, or in which the person holds any office or has a	808
fiduciary relationship, and a description of the nature of the	809
investment, office, or relationship. Division (A)(3) of this	810
section does not require disclosure of the name of any bank,	811
savings and loan association, credit union, or building and loan	812
association with which the person filing the statement has a	813
deposit or a withdrawable share account.	814

(4) All fee simple and leasehold interests to which the	815
person filing the statement holds legal title to or a beneficial	816
interest in real property located within the state, excluding the	817
person's residence and property used primarily for personal	818
recreation;	819

(5) The names of all persons residing or transacting	820
business in the state to whom the person filing the statement	821
owes, in the person's own name or in the name of any other person,	822
more than one thousand dollars. Division (A)(5) of this section	823
shall not be construed to require the disclosure of debts owed by	824
the person resulting from the ordinary conduct of a business or	825
profession or debts on the person's residence or real property	826
used primarily for personal recreation, except that the	827
superintendent of financial institutions shall disclose the names	828
of all state-chartered savings and loan associations and of all	829
service corporations subject to regulation under division (E)(2)	830
of section 1151.34 of the Revised Code to whom the superintendent	831
in the superintendent's own name or in the name of any other	832
person owes any money, and that the superintendent and any deputy	833
superintendent of banks shall disclose the names of all	834
state-chartered banks and all bank subsidiary corporations subject	835
to regulation under section 1109.44 of the Revised Code to whom	836
the superintendent or deputy superintendent owes any money.	837

(6) The names of all persons residing or transacting	838
business in the state, other than a depository excluded under	839
division (A)(3) of this section, who owe more than one thousand	840
dollars to the person filing the statement, either in the person's	841
own name or to any person for the person's use or benefit.	842
Division (A)(6) of this section shall not be construed to require	843
the disclosure of clients of attorneys or persons licensed under	844
section 4732.12 or 4732.15 of the Revised Code, or patients of	845
persons certified under section 4731.14 of the Revised Code, nor	846
the disclosure of debts owed to the person resulting from the	847
ordinary conduct of a business or profession.	848

(7) Except as otherwise provided in section 102.022 of the	849
Revised Code, the source of each gift of over seventy-five	850
dollars, or of each gift of over twenty-five dollars received by a	851
member of the general assembly from a legislative agent, received	852
by the person in the person's own name or by any other person for	853
the person's use or benefit during the preceding calendar year,	854
except gifts received by will or by virtue of section 2105.06 of	855
the Revised Code, or received from spouses, parents, grandparents,	856
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	857
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	858
fathers-in-law, mothers-in-law, or any person to whom the person	859
filing the statement stands in loco parentis, or received by way	860
of distribution from any inter vivos or testamentary trust	861
established by a spouse or by an ancestor;	862

(8) Except as otherwise provided in section 102.022 of the	863
Revised Code, identification of the source and amount of every	864
payment of expenses incurred for travel to destinations inside or	865
outside this state that is received by the person in the person's	866
own name or by any other person for the person's use or benefit	867
and that is incurred in connection with the person's official	868
duties, except for expenses for travel to meetings or conventions	869
of a national or state organization to which either house of the	870
general assembly, any legislative agency, a state institution of	871
higher education as defined in section 3345.031 of the Revised	872
Code, any other state agency, or any political subdivision or any	873
office or agency of a political subdivision pays membership dues;	874

(9) Except as otherwise provided in section 102.022 of the	875
Revised Code, identification of the source of payment of expenses	876
for meals and other food and beverages, other than for meals and	877
other food and beverages provided at a meeting at which the person	878
participated in a panel, seminar, or speaking engagement or at a	879
meeting or convention of a national or state organization to which	880
either house of the general assembly, any legislative agency, a	881
state institution of higher education as defined in section	882
3345.031 of the Revised Code, any other state agency, or any	883
political subdivision or any office or agency of a political	884
subdivision pays membership dues, that are incurred in connection	885
with the person's official duties and that exceed one hundred	886
dollars aggregated per calendar year;	887

(10) If the financial disclosure statement is filed by a	888
public official or employee described in division (B)(2) of	889
section 101.73 of the Revised Code or division (B)(2) of section	890
121.63 of the Revised Code who receives a statement from a	891
legislative agent, executive agency lobbyist, or employer that	892
contains the information described in division (F)(2) of section	893
101.73 of the Revised Code or division (G)(2) of section 121.63 of	894
the Revised Code, all of the nondisputed information contained in	895
the statement delivered to that public official or employee by the	896
legislative agent, executive agency lobbyist, or employer under	897
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	898
the Revised Code. As used in division (A)(10) of this section,	899
"legislative agent," "executive agency lobbyist," and "employer"	900
have the same meanings as in sections 101.70 and 121.60 of the	901
Revised Code.	902

A person may file a statement required by this section in	903
person or by mail. A person who is a candidate for elective	904
office shall file the statement no later than the thirtieth day	905
before the primary, special, or general election at which the	906
candidacy is to be voted on, whichever election occurs soonest,	907
except that a person who is a write-in candidate shall file the	908
statement no later than the twentieth day before the earliest	909
election at which the person's candidacy is to be voted on. A	910
person who holds elective office shall file the statement on or	911
before the fifteenth day of April of each year unless the person	912
is a candidate for office. A person who is appointed to fill a	913
vacancy for an unexpired term in an elective office shall file the	914
statement within fifteen days after the person qualifies for	915
office. Other persons shall file an annual statement on or before	916
the fifteenth day of April or, if appointed or employed after that	917
date, within ninety days after appointment or employment. No	918
person shall be required to file with the appropriate ethics	919
commission more than one statement or pay more than one filing fee	920
for any one calendar year.	921

The appropriate ethics commission, for good cause, may extend	922
for a reasonable time the deadline for filing a disclosure	923
statement under this section.	924

A statement filed under this section is subject to public	925
inspection at locations designated by the appropriate ethics	926
commission except as otherwise provided in this section.	927

(B) The Ohio ethics commission, the joint legislative ethics	928
committee, and the board of commissioners on grievances and	929
discipline of the supreme court, using the rule-making procedures	930
of Chapter 119. of the Revised Code, may require any class of	931
public officials or employees under its jurisdiction and not	932
specifically excluded by this section whose positions involve a	933
substantial and material exercise of administrative discretion in	934
the formulation of public policy, expenditure of public funds,	935
enforcement of laws and rules of the state or a county or city, or	936
the execution of other public trusts, to file an annual statement	937
on or before the fifteenth day of April under division (A) of this	938
section. The appropriate ethics commission shall send the public	939
officials or employees written notice of the requirement by the	940
fifteenth day of February of each year the filing is required	941
unless the public official or employee is appointed after that	942
date, in which case the notice shall be sent within thirty days	943
after appointment, and the filing shall be made not later than	944
ninety days after appointment.	945

Except for disclosure statements filed by members of the	946
board of trustees and the executive director of the tobacco use	947
prevention and control foundation, members of the board of	948
trustees and the executive director of the southern Ohio	949
agricultural and community development foundation, and members and	950
the executive director of the biomedical research and technology	951
transfer commission, disclosure statements filed under this	952
division with the Ohio ethics commission by members of boards,	953
commissions, or bureaus of the state for which no compensation is	954
received other than reasonable and necessary expenses shall be	955
kept confidential. Disclosure statements filed with the Ohio	956
ethics commission under division (A) of this section by business	957
managers, treasurers, and superintendents of city, local, exempted	958
village, joint vocational, or cooperative education school	959
districts or educational service centers shall be kept	960
confidential, except that any person conducting an audit of any	961
such school district or educational service center pursuant to	962
section 115.56 or Chapter 117. of the Revised Code may examine the	963
disclosure statement of any business manager, treasurer, or	964
superintendent of that school district or educational service	965
center. The Ohio ethics commission shall examine each disclosure	966
statement required to be kept confidential to determine whether a	967
potential conflict of interest exists for the person who filed the	968
disclosure statement. A potential conflict of interest exists if	969
the private interests of the person, as indicated by the person's	970
disclosure statement, might interfere with the public interests	971
the person is required to serve in the exercise of the person's	972
authority and duties in the person's office or position of	973
employment. If the commission determines that a potential	974
conflict of interest exists, it shall notify the person who filed	975
the disclosure statement and shall make the portions of the	976
disclosure statement that indicate a potential conflict of	977
interest subject to public inspection in the same manner as is	978
provided for other disclosure statements. Any portion of the	979
disclosure statement that the commission determines does not	980
indicate a potential conflict of interest shall be kept	981
confidential by the commission and shall not be made subject to	982
public inspection, except as is necessary for the enforcement of	983
Chapters 102. and 2921. of the Revised Code and except as	984
otherwise provided in this division.	985

(C) No person shall knowingly fail to file, on or before the	986
applicable filing deadline established under this section, a	987
statement that is required by this section.	988

(D) No person shall knowingly file a false statement that is	989
required to be filed under this section.	990

(E)(1) Except as provided in divisions (E)(2) and (3) of	991
this section, on and after March 2, 1994, the statement required	992
by division (A) or (B) of this section shall be accompanied by a	993
filing fee of twenty-five dollars.	994

(2) The statement required by division (A) of this section	995
shall be accompanied by a filing fee to be paid by the person who	996
is elected or appointed to, or is a candidate for, any of the	997
following offices:	998

(3) No judge of a court of record or candidate for judge of	1023
such a court of record, and no referee or magistrate serving a	1024
court of record, shall be required to pay the fee required under	1025
division (E)(1) or (2) or (F) of this section.	1026

(4) For any public official who is appointed to a	1027
nonelective office of the state and for any employee who holds a	1028
nonelective position in a public agency of the state, the state	1029
agency that is the primary employer of the state official or	1030
employee shall pay the fee required under division (E)(1) or (F)	1031
of this section.	1032

(F) If a statement required to be filed under this section	1033
is not filed by the date on which it is required to be filed, the	1034
appropriate ethics commission shall assess the person required to	1035
file the statement a late filing fee equal to one-half of the	1036
applicable filing fee for each day the statement is not filed,	1037
except that the total amount of the late filing fee shall not	1038
exceed one hundred dollars.	1039

(G)(1) The appropriate ethics commission other than the Ohio	1040
ethics commission shall deposit all fees it receives under	1041
divisions (E) and (F) of this section into the general revenue	1042
fund of the state.	1043

(2) The Ohio ethics commission shall deposit all receipts,	1044
including, but not limited to, fees it receives under divisions	1045
(E) and (F) of this section and all moneys it receives from	1046
settlements under division (G) of section 102.06 of the Revised	1047
Code, into the Ohio ethics commission fund, which is hereby	1048
created in the state treasury. All moneys credited to the fund	1049
shall be used solely for expenses related to the operation and	1050
statutory functions of the commission.	1051

(H) Division (A) of this section does not apply to a person	1052
elected or appointed to the office of precinct, ward, or district	1053
committee member under Chapter 3517. of the Revised Code; a	1054
presidential elector; a delegate to a national convention; village	1055
or township officials and employees; any physician or psychiatrist	1056
who is paid a salary or wage in accordance with schedule C of	1057
section 124.15 or schedule E-2 of section 124.152 of the Revised	1058
Code and whose primary duties do not require the exercise of	1059
administrative discretion; or any member of a board, commission,	1060
or bureau of any county or city who receives less than one	1061
thousand dollars per year for serving in that position.	1062

Sec. 103.143.  In addition to its duties under section 103.14	1063
of the Revised Code, the legislative budget office of the	1064
legislative service commission shall, in accordance with this	1065
section, review all bills assigned to a committee of the general	1066
assembly, complete the appropriate local impact statements	1067
required by this section, and compile and distribute these	1068
statements as required by division (D) of this section.	1069

(A) Subject to division (F) of this section, whenever any	1070
bill is introduced into either house of the general assembly and	1071
receives second consideration pursuant to the rules of that house,	1072
the bill shall be reviewed immediately by the legislative budget	1073
officer. Upon completing this review, the legislative budget	1074
officer shall determine whether the bill could result in a net	1075
additional cost to school districts, counties, townships, or	1076
municipal corporations from any new or expanded program or service	1077
that school districts, counties, townships, or municipal	1078
corporations would be required to perform or administer under the	1079
bill. If the legislative budget officer determines that it could	1080
result in such a cost, the legislative budget office service	1081
commission shall prepare a local impact statement in the manner	1082
specified in this section. Immediately upon determining the	1083
potential for a net additional cost, the legislative budget	1084
officer shall notify the sponsor of the bill, the chairperson of	1085
the committee to which the bill has been assigned, and the	1086
presiding officer and minority leader of the house in which the	1087
bill originates of the legislative budget officer's determination	1088
by signing and dating a statement to be delivered to them.	1089

If a local impact statement is required, the legislative	1090
budget office service commission shall, as soon as possible but no	1091
later than thirty days after the date the bill is scheduled for a	1092
first hearing in a committee in the house in which the bill was	1093
introduced or no later than thirty days after being requested to	1094
do so by the chairperson of such a committee, prepare a statement	1095
containing the most accurate estimate possible, in dollars, of the	1096
net additional costs, if any, that will be required of school	1097
districts, counties, townships, or municipal corporations to	1098
perform or administer a new or expanded program or service	1099
required under the bill. Copies of this statement shall be sent	1100
to the governor, the speaker of the house of representatives, the	1101
president of the senate, the sponsor of the bill, the minority	1102
leader in both houses, and the chairperson of the committee to	1103
which the bill has been assigned.	1104

No bill for which a local impact statement is required by	1105
this section shall be voted out of committee until after the	1106
committee members have received and considered the statement or,	1107
if the bill was amended in committee, the revised statement,	1108
unless the bill is voted out of committee by a two-thirds vote of	1109
the membership of the committee.	1110

(B) In preparing a local impact statement, the legislative	1111
budget office service commission may request any department,	1112
division, institution, board, commission, authority, bureau, or	1113
other instrumentality or officer of the state, a school district,	1114
a county, a municipal corporation, or a township to provide any of	1115
the following information:	1116

(1) An estimate, in dollars, of the amount by which the bill	1117
would increase or decrease the revenues received or expenditures	1118
made by the instrumentality, officer, or entity;	1119

(2) Any other information the legislative budget office	1120
service commission considers necessary for it to understand or	1121
explain the fiscal effect of the bill.	1122

An instrumentality, officer, or entity shall comply with a	1123
request as soon as reasonably possible, but not later than fifteen	1124
days, after receiving it. The legislative budget office service	1125
commission shall specify the manner of compliance in its request,	1126
and if necessary may specify a period of time longer than fifteen	1127
days for compliance. The legislative budget office service	1128
commission may consider any information provided under division	1129
(B)(1) or (2) of this section in preparing a local impact	1130
statement.	1131

(C) Any time a bill is amended, the legislative budget	1132
office service commission shall, as soon as reasonably possible,	1133
revise the local impact statement to reflect changes made by	1134
amendment.	1135

(D) The legislative budget office service commission shall	1136
annually compile the final local impact statements completed for	1137
all laws passed by both houses of the general assembly in the	1138
preceding year. It shall send a copy of this compilation as a	1139
draft report to the state and local government commission and to	1140
associations or nonprofit organizations formed for the improvement	1141
of school districts or municipal, township, or county government	1142
or for their elected officials by the last day of July of each	1143
year. Upon receiving the draft report, the state and local	1144
government commission shall solicit comments from these	1145
associations and organizations may comment about the actual fiscal	1146
impact of bills passed during the year covered by the report. The	1147
commission shall review and comment on the draft report before	1148
returning it to the legislative budget office, along with the and	1149
forward those comments of the associations and organizations, to	1150
the legislative service commission by the last day of August. The	1151
legislative budget office service commission shall then prepare a	1152
final report consisting of the compiled local impact statements	1153
and all forwarded comments returned by the state and local	1154
government commission. The final report shall be completed by the	1155
last day of September and copies of the report shall be sent to	1156
the governor, the speaker of the house of representatives, and the	1157
president of the senate.	1158

(E) As used in this section, "net additional cost" means any	1159
cost incurred or anticipated to be incurred by a school district,	1160
county, township, or municipal corporation in performing or	1161
administering a new or expanded program or service required by a	1162
state law other than any of the following:	1163

(1) A cost arising from the exercise of authority granted by	1164
a state law rather than from the performance of a duty or	1165
obligation imposed by a state law;	1166

(2) New duties or obligations that create only a minimal	1167
cost for affected school districts, counties, townships, or	1168
municipal corporations. The legislative budget office service	1169
commission shall determine what constitutes such a minimal cost.	1170
Before making this determination, the legislative budget office	1171
service commission shall notify the state organizations that	1172
represent school districts, counties, townships, and municipal	1173
corporations regarding the proposed determination and provide a	1174
thirty-day period for these organizations and individual school	1175
districts, counties, townships, and municipal corporations to	1176
comment on it.	1177

(3) A cost arising from a law passed as a result of a	1178
federal mandate.	1179

The amounts described in division (E)(2) of this section	1180
include only the amounts remaining after subtracting from such	1181
costs any revenues received or receivable by the school district,	1182
county, township, or municipal corporation on account of the	1183
program or service, including the following:	1184

(a) Fees charged to the recipients of the program or	1185
service;	1186

(b) State or federal aid paid specifically or categorically	1187
in connection with the program or service;	1188

(c) Any offsetting savings resulting from the diminution or	1189
elimination of any other program or service directly attributable	1190
to the performance or administration of the required program or	1191
service.	1192

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

1193

(1) The main biennial operating appropriations bill;

1194

(2) The biennial operating appropriations bill for state	1195
agencies supported by motor fuel tax revenue;	1196

(3) The biennial operating appropriations bill or bills for	1197
the bureau of workers' compensation and the industrial commission;	1198

(4) Any other bill that makes the principal biennial	1199
operating appropriations for one or more state agencies;	1200

(5) The bill that primarily contains corrections and	1201
supplemental appropriations to the biennial operating	1202
appropriations bills;	1203

(6) The main biennial capital appropriations bill;

1204

(7) The bill that primarily contains reappropriations from	1205
previous capital appropriations bills.	1206

Sec. 103.33. This section shall be known as "The Community	1207
Organizations Access Procedure Act."	1208

Any state agency that is eligible to receive federal funds	1209
under a federal grant program and that cannot or has decided that	1210
it will not participate fully in the program shall promptly report	1211
both of the following to the joint legislative committee on	1212
federal funds:	1213

(A) That the agency cannot or has decided that it will not	1214
participate fully in the program, along with the reason;	1215

(B) Whether there is some means allowable under federal law	1216
by which counties or not-for-profit organizations can receive the	1217
federal funds to participate in the program, as by being agents or	1218
grantees of the agency.	1219

If there is a means whereby counties or not-for-profit	1220
organizations can so participate in the program, the agency shall	1221
post on a generally accessible internet website detailed	1222
information about the program and the means by which the counties	1223
or not-for-profit organizations can participate in the program.	1224
The information shall be posted within ample time for the counties	1225
or not-for-profit organizations to participate fully in the	1226
program. Any county interested in participating in the program	1227
shall apply to the agency on its own behalf. Any county that is	1228
willing to be the fiscal agent for a not-for-profit organization	1229
interested in participating and qualified to participate in the	1230
program, or that arranges with a responsible organization to be	1231
the fiscal agent for the program in the county, shall advertise or	1232
otherwise inform such organizations about the program and shall	1233
apply to the agency in conjunction with or on behalf of the	1234
not-for-profit organization. The agency shall accept applications	1235
from the counties on a first-come, first-served basis, shall apply	1236
to the federal government for the funds, and shall pay the federal	1237
funds to the counties when available.	1238

As used in this section, "not-for-profit organizations" means	1239
organizations, including faith-based organizations, exempt from	1240
federal income taxation under section 501(c)(3) of the "Internal	1241
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	1242
amended.	1243

Sec. 105.41.  (A) There is hereby created the capitol square	1244
review and advisory board, consisting of nine members as follows:	1245

(1) Two members of the senate, appointed by the president of	1246
the senate, both of whom shall not be members of the same	1247
political party;	1248

(2) Two members of the house of representatives, appointed	1249
by the speaker of the house of representatives, both of whom shall	1250
not be members of the same political party;	1251

(3) Five members appointed by the governor, with the advice	1252
and consent of the senate, not more than three of whom shall be	1253
members of the same political party, one of whom shall represent	1254
the office of the state architect and engineer, one of whom shall	1255
represent the Ohio arts council, one of whom shall represent the	1256
Ohio historical society, one of whom shall represent the Ohio	1257
building authority, and one of whom shall represent the public at	1258
large.	1259

(B) Terms of office of each appointed member of the board	1260
shall be for three years, except that members of the general	1261
assembly appointed to the board shall be members of the board only	1262
so long as they are members of the general assembly. Each member	1263
shall hold office from the date of the member's appointment until	1264
the end of the term for which the member was appointed. In case	1265
of a vacancy occurring on the board, the president of the senate,	1266
the speaker of the house of representatives, or the governor, as	1267
the case may be, shall in the same manner prescribed for the	1268
regular appointment to the commission, fill the vacancy by	1269
appointing a member. Any member appointed to fill a vacancy	1270
occurring prior to the expiration of the term for which the	1271
member's predecessor was appointed shall hold office for the	1272
remainder of the term. Any member shall continue in office	1273
subsequent to the expiration date of the member's term until the	1274
member's successor takes office, or until a period of sixty days	1275
has elapsed, whichever occurs first.	1276

(C) The board shall hold meetings in a manner and at times	1277
prescribed by the rules adopted by the board. A majority of the	1278
board constitutes a quorum, and no action shall be taken by the	1279
board unless approved by at least five voting members. At its	1280
first meeting, the board shall adopt rules for the conduct of its	1281
business and the election of its officers, and shall organize by	1282
selecting a chairperson and other officers as it considers	1283
necessary. Board members shall serve without compensation but	1284
shall be reimbursed for actual and necessary expenses incurred in	1285
the performance of their duties.	1286

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

1287

(1) Employ or hire on a consulting basis professional,	1288
technical, and clerical employees as are necessary for the	1289
performance of its duties;	1290

(2) Hold public hearings at times and places as determined	1291
by the board;	1292

(3) Adopt, amend, or rescind rules necessary to accomplish	1293
the duties of the board as set forth in this section;	1294

(4) Sponsor, conduct, and support such social events as the	1295
board may authorize and consider appropriate for the employees of	1296
the board, employees and members of the general assembly,	1297
employees of persons under contract with the board or otherwise	1298
engaged to perform services on the premises of capitol square, or	1299
other persons as the board may consider appropriate. Subject to	1300
the requirements of Chapter 4303. of the Revised Code, the board	1301
may provide beer, wine, and intoxicating liquor, with or without	1302
charge, for such those events and may use funds only from the sale	1303
of goods and services fund to purchase the beer, wine, and	1304
intoxicating liquor the board provides.	1305

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

1306

(1) Have sole authority to coordinate and approve any	1307
improvements, additions, and renovations that are made to the	1308
capitol square. The improvements shall include, but not be	1309
limited to, the placement of monuments and sculpture on the	1310
capitol grounds.	1311

(2) Operate the capitol square, and have sole authority to	1312
regulate all uses of the capitol square. The uses shall include,	1313
but not be limited to, the casual and recreational use of the	1314
capitol square.	1315

(3) Employ, fix the compensation of, and prescribe the	1316
duties of the executive director of the board and such other	1317
employees as the board considers necessary for the performance of	1318
its powers and duties;	1319

(4) Establish and maintain the capitol collection trust. The	1320
capitol collection trust shall consist of furniture, antiques, and	1321
other items of personal property that the board shall store in	1322
suitable facilities until they are ready to be placed in the	1323
capitol square.	1324

(5) Perform such repair, construction, contracting,	1325
purchasing, maintenance, supervisory, and operating activities as	1326
the board determines are necessary for the operation and	1327
maintenance of the capitol square;	1328

(6) Maintain and preserve the capitol square, in accordance	1329
with guidelines issued by the United States secretary of the	1330
interior for application of the secretary's standards for	1331
rehabilitation adopted in 36 C.F.R. part 67.	1332

(F)(1) The capitol square review and advisory board shall	1333
lease capital facilities improved or financed by the Ohio building	1334
authority pursuant to Chapter 152. of the Revised Code for the use	1335
of the board, and may enter into any other agreements with the	1336
authority ancillary to improvement, financing, or leasing of such	1337
those capital facilities, including, but not limited to, any	1338
agreement required by the applicable bond proceedings authorized	1339
by Chapter 152. of the Revised Code. Any lease of capital	1340
facilities authorized by this section shall be governed by	1341
division (D) of section 152.24 of the Revised Code.	1342

(2) Fees, receipts, and revenues received by the capitol	1343
square review and advisory board from the state underground	1344
parking garage constitute available receipts as defined in section	1345
152.09 of the Revised Code, and may be pledged to the payment of	1346
bond service charges on obligations issued by the Ohio building	1347
authority pursuant to Chapter 152. of the Revised Code to improve	1348
or finance capital facilities useful to the board. The authority	1349
may, with the consent of the board, provide in the bond	1350
proceedings for a pledge of all or such a portion of such those	1351
fees, receipts, and revenues as the authority determines. The	1352
authority may provide in the bond proceedings or by separate	1353
agreement with the board for the transfer of such those fees,	1354
receipts, and revenues to the appropriate bond service fund or	1355
bond service reserve fund as required to pay the bond service	1356
charges when due, and any such provision for the transfer of such	1357
those fees, receipts, and revenues shall be controlling	1358
notwithstanding any other provision of law pertaining to such	1359
those fees, receipts, and revenues.	1360

(3) All moneys received by the treasurer of state on account	1361
of the board and required by the applicable bond proceedings or by	1362
separate agreement with the board to be deposited, transferred, or	1363
credited to the bond service fund or bond service reserve fund	1364
established by such the bond proceedings shall be transferred by	1365
the treasurer of state to such fund, whether or not such fund it	1366
is in the custody of the treasurer of state, without necessity for	1367
further appropriation, upon receipt of notice from the Ohio	1368
building authority as prescribed in the bond proceedings.	1369

(G) All fees, receipts, and revenues received by the capitol	1370
square review and advisory board from the state underground	1371
parking garage shall be deposited into the state treasury to the	1372
credit of the underground parking garage operating fund, which is	1373
hereby created, to be used for the purposes specified in division	1374
(F) of this section and for the operation and maintenance of the	1375
garage. All investment earnings of the fund shall be credited to	1376
the fund.	1377

(H) All donations received by the capitol square review and	1378
advisory board shall be deposited into the state treasury to the	1379
credit of the capitol square renovation gift fund, which is hereby	1380
created. The fund shall be used by the capitol square review and	1381
advisory board as follows:	1382

(1) To provide part or all of the funding related to	1383
construction, goods, or services for the renovation of the capitol	1384
square;	1385

(2) To purchase art, antiques, and artifacts for display at	1386
the capitol square;	1387

(3) To award contracts or make grants to organizations for	1388
educating the public regarding the historical background and	1389
governmental functions of the capitol square. Chapters 125.,	1390
127., and 153. and section 3517.13 of the Revised Code do not	1391
apply to purchases made exclusively from the fund, notwithstanding	1392
anything to the contrary in those chapters or that section. All	1393
investment earnings of the fund shall be credited to the fund.	1394

(I) Except as provided in divisions (G), (H), and (J) of	1395
this section, all fees, receipts, and revenues received by the	1396
capitol square review and advisory board shall be deposited into	1397
the state treasury to the credit of the sale of goods and services	1398
fund, which is hereby created. Money credited to the fund shall	1399
be used solely to pay costs of the board other than those	1400
specified in divisions (F) and (G) of this section. All	1401
investment earnings of the fund shall be credited to the fund.	1402

(J) There is hereby created in the state treasury the	1403
capitol square improvement government television and	1404
telecommunications operating fund, to be used by the capitol	1405
square review and advisory board to pay construction, renovation	1406
for the operations, improvements, and educational projects of, and	1407
any other costs related to, any television or telecommunications	1408
studio the capitol square board authorizes to carry out its	1409
functions under this section, for which money is not otherwise	1410
available to the board. Whenever the board determines that there	1411
is a need to incur such those costs and that the unencumbered,	1412
unobligated balance to the credit of the underground parking	1413
garage operating fund exceeds the amount needed for the purposes	1414
specified in division (F) of this section and for the operation	1415
and maintenance of the garage, the board may request the director	1416
of budget and management to transfer from the underground parking	1417
garage operating fund to the capitol square improvement government	1418
television and telecommunications operating fund the amount needed	1419
to pay such construction, renovation, or for the operations,	1420
improvements, and educational projects of, and the other costs	1421
related to, the studio. The director then shall thereupon	1422
transfer the amount needed from the excess balance of the	1423
underground parking garage operating fund.	1424

(K) As the operation and maintenance of the capitol square	1425
constitute essential government functions of a public purpose, the	1426
board shall not be required to pay taxes or assessments upon the	1427
square, or upon any property acquired or used by the board under	1428
this section, or upon any income generated by the operation of the	1429
square.	1430

(L) As used in this section, "capitol square" means the	1431
capitol building, senate building, capitol atrium, capitol	1432
grounds, and the state underground parking garage.	1433

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

1434

Sec. 111.16.  The secretary of state shall charge and	1435
collect, for the benefit of the state, the following fees:	1436

(A) For filing and recording articles of incorporation of a	1437
domestic corporation, including designation of agent:	1438

(1) Wherein the corporation shall not be authorized to issue	1439
any shares of capital stock, one hundred twenty-five dollars.;	1440

(2) Wherein the corporation shall be authorized to issue	1441
shares of capital stock, with or without par value:	1442

(a) Ten cents for each share authorized up to and including	1443
one thousand shares;	1444

(b) Five cents for each share authorized in excess of one	1445
thousand shares up to and including ten thousand shares;	1446

(c) Two cents for each share authorized in excess of ten	1447
thousand shares up to and including fifty thousand shares;	1448

(d) One cent for each share authorized in excess of fifty	1449
thousand shares up to and including one hundred thousand shares;	1450

(e) One-half cent for each share authorized in excess of one	1451
hundred thousand shares up to and including five hundred thousand	1452
shares;	1453

(f) One-quarter cent for each share authorized in excess of	1454
five hundred thousand shares; provided no fee shall be less than	1455
eighty-five one hundred twenty-five dollars or greater than one	1456
hundred thousand dollars.	1457

(B) For filing and recording a certificate of amendment to	1458
or amended articles of incorporation of a domestic corporation, or	1459
for filing and recording a certificate of reorganization, a	1460
certificate of dissolution, or an amendment to a foreign license	1461
application:	1462

(1) If the domestic corporation is not authorized to issue	1463
any shares of capital stock, twenty-five fifty dollars;	1464

(2) If the domestic corporation is authorized to issue	1465
shares of capital stock, thirty-five fifty dollars, and in case of	1466
any increase in the number of shares authorized to be issued, a	1467
further sum computed in accordance with the schedule set forth in	1468
division (A)(2) of this section less a credit computed in the same	1469
manner for the number of shares previously authorized to be issued	1470
by the corporation; provided no fee under division (B)(2) of this	1471
section shall be greater than one hundred thousand dollars;	1472

(3) If the foreign corporation is not authorized to issue	1473
any shares of capital stock, fifty dollars;	1474

(4) If the foreign corporation is authorized to issue shares	1475
of capital stock, fifty dollars.	1476

(C) For filing and recording articles of incorporation of a	1477
savings and loan association, one hundred twenty-five dollars; and	1478
for filing and recording a certificate of amendment to or amended	1479
articles of incorporation that do not involve an increase in the	1480
authorized capital stock of such corporation of a savings and loan	1481
association, twenty-five fifty dollars; and for filing and	1482
recording a certificate of amendment to or amended articles of	1483
incorporation that do involve an increase in the authorized	1484
capital stock of such corporation, thirty-five dollars;	1485

(D) For filing and recording a certificate of merger or	1486
consolidation, fifty one hundred twenty-five dollars and, in the	1487
case of any new corporation resulting from a consolidation or any	1488
surviving corporation that has an increased number of shares	1489
authorized to be issued resulting from a merger, an additional sum	1490
computed in accordance with the schedule set forth in division	1491
(A)(2) of this section less a credit computed in the same manner	1492
for the number of shares previously authorized to be issued or	1493
represented in this state by each of the corporations for which a	1494
consolidation or merger is effected by the certificate;	1495

(E) For filing and recording articles of incorporation of a	1496
credit union or the American credit union guaranty association,	1497
thirty-five one hundred twenty-five dollars, and for filing and	1498
recording a certificate of increase in capital stock or any other	1499
amendment of the articles of incorporation of a credit union or	1500
the association, twenty-five fifty dollars;	1501

(F) For filing and recording articles of organization of a	1502
limited liability company or, for filing and recording an	1503
application to become a registered foreign limited liability	1504
company, for filing and recording a registration application to	1505
become a domestic limited liability partnership, or for filing and	1506
recording an application to become a registered foreign limited	1507
liability partnership, eighty-five one hundred twenty-five	1508
dollars;	1509

(G) For filing and recording a certificate of limited	1510
partnership or an application for registration as a foreign	1511
limited partnership the following apply:	1512

(1) If the certificate or application is for a limited	1513
partnership or foreign limited partnership described in division	1514
(A)(1) of section 1782.63 of the Revised Code, and the partnership	1515
has complied with divisions (A)(1)(a) to (e) of that section, no	1516
fee;	1517

(2) If the certificate or application is for a limited	1518
partnership or foreign limited partnership other than a	1519
partnership described in division (G)(1) of this section,	1520
eighty-five, one hundred twenty-five dollars.	1521

(H) For filing a copy of papers evidencing the incorporation	1522
of a municipal corporation or of annexation of territory by a	1523
municipal corporation, five dollars, to be paid by the municipal	1524
corporation, the petitioners therefor, or their agent;	1525

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

1526

(1) A license to transact business in this state by a	1527
foreign corporation for profit pursuant to section 1703.04 of the	1528
Revised Code or a foreign nonprofit corporation pursuant to	1529
section 1703.27 of the Revised Code, one hundred twenty-five	1530
dollars;	1531

(2) An annual report or annual statement pursuant to section	1532
1775.63 or 1785.06 of the Revised Code, ten twenty-five dollars;	1533

(3) Any Except as otherwise provided in this section or any	1534
other section of the Revised Code, any other certificate or paper	1535
that is required to be filed and recorded or is permitted by any	1536
provision of the Revised Code to be filed and recorded by any	1537
provision of the Revised Code with the secretary of state, ten	1538
twenty-five dollars.	1539

(J) For filing any certificate or paper not required to be	1540
recorded, five dollars;	1541

(K)(1) For making copies of any certificate or other paper	1542
filed in the office of the secretary of state, the cost shall a	1543
fee not to exceed one dollar per page, except as otherwise	1544
provided in the Revised Code, and for creating and affixing the	1545
seal of the office of the secretary of state to any good standing	1546
or other certificate, five dollars, except that for. For copies	1547
of certificates or papers required by state officers for official	1548
purpose, no charge shall be made;.	1549

(2) For creating and affixing the seal of the office of the	1550
secretary of state to the certificates described in division (E)	1551
of section 1701.81, division (E) of section 1705.38, or division	1552
(D) of section 1702.43 of the Revised Code, twenty-five dollars.	1553

(L) For a minister's license to solemnize marriages, ten	1554
dollars;	1555

(M) For examining documents to be filed at a later date for	1556
the purpose of advising as to the acceptability of the proposed	1557
filing, ten fifty dollars;	1558

(N) For expedited filing service for filings referred to in	1559
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,	1560
ten dollars in addition to the fee for filing and recording	1561
provided in those divisions Fifty dollars for filing and recording	1562
any of the following:	1563

(1) A certificate of dissolution and accompanying documents,	1564
or a certificate of cancellation, under section 1701.86, 1702.47,	1565
1705.43, or 1782.10 of the Revised Code;	1566

(2) A notice of dissolution of a foreign licensed	1567
corporation or a certificate of surrender of license by a foreign	1568
licensed corporation under section 1703.17 of the Revised Code;	1569

(3) The withdrawal of registration of a foreign or domestic	1570
limited liability partnership under section 1775.61 or 1775.64 of	1571
the Revised Code, or the certificate of cancellation of	1572
registration of a foreign limited liability company under section	1573
1705.57 of the Revised Code;	1574

(4) The filing of a cancellation of disclaimer of general	1575
partner status under Chapter 1782. of the Revised Code.	1576

(O) Fees For filing a statement of continued existence by a	1577
nonprofit corporation, twenty-five dollars;	1578

(P) For filing a restatement under section 1705.08 or	1579
1782.09 of the Revised Code, an amendment to a certificate of	1580
cancellation under section 1782.10 of the Revised Code, an	1581
amendment under section 1705.08 or 1782.09 of the Revised Code, or	1582
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52	1583
of the Revised Code, fifty dollars;	1584

(Q) For filing for reinstatement of an entity cancelled by	1585
operation of law, by the secretary of state, by order of the	1586
department of taxation, or by order of a court, twenty-five	1587
dollars;	1588

(R) For filing a change of agent, resignation of agent, or	1589
change of agent's address under section 1701.07, 1702.06,	1590
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04	1591
of the Revised Code, twenty-five dollars;	1592

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

1593

(1) An application for the exclusive right to use a name or	1594
an application to reserve a name for future use under section	1595
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	1596
Code, fifty dollars;	1597

(2) A trade name or fictitious name registration or report,	1598
fifty dollars;	1599

(3) An application to renew any item covered by division	1600
(S)(1) or (2) of this section that is permitted to be renewed,	1601
twenty-five dollars;	1602

(4) An assignment of rights for use of a name covered by	1603
division (S)(1), (2), or (3) of this section, the cancellation of	1604
a name registration or name reservation that is so covered, or	1605
notice of a change of address of the registrant of a name that is	1606
so covered, twenty-five dollars.	1607

(T) For filing and recording a report to operate a business	1608
trust or a real estate investment trust, either foreign or	1609
domestic, one hundred twenty-five dollars; and for filing and	1610
recording an amendment to a report or associated trust instrument,	1611
or a surrender of authority, to operate a business trust or real	1612
estate investment trust, fifty dollars;	1613

(U)(1) For filing and recording the registration of a	1614
trademark, service mark, or mark of ownership, one hundred	1615
twenty-five dollars;	1616

(2) For filing and recording the change of address of a	1617
registrant, the assignment of rights to a registration, a renewal	1618
of a registration, or the cancellation of a registration	1619
associated with a trademark, service mark, or mark of ownership,	1620
twenty-five dollars.	1621

Fees specified in this section may be paid by cash, check, or	1622
money order or by credit card, or an alternative payment program,	1623
in accordance with division (B) or (C) of section 111.18 of the	1624
Revised Code. Any credit card number or the expiration date of	1625
any credit card is not subject to disclosure under Chapter 149. of	1626
the Revised Code.	1627

Sec. 111.18.  (A) The secretary of state shall keep a record	1628
of all fees collected by the secretary of state and, except as	1629
otherwise provided in this subject to division (B) of section and	1630
in sections 1309.401 and 1329.68 and division (C)(2) of section	1631
3506.05 of the Revised Code and except as otherwise provided in	1632
the Revised Code, shall pay, through June 30, 2001, fifty per cent	1633
of them into the state treasury to the credit of the general	1634
revenue fund and fifty per cent of them into the state treasury to	1635
the credit of the corporate and uniform commercial code filing	1636
fund created under by section 1309.401 of the Revised Code and	1637
shall pay, on and after July 1, 2001, all of them into the state	1638
treasury to the credit of the general revenue fund. Through June	1639
30, 2001, all of the fees collected under divisions (I)(2) and (N)	1640
of section 111.16 of the Revised Code shall be paid into the state	1641
treasury to the credit of that corporate and uniform commercial	1642
code filing fund. On and after July 1, 2001, the following fees	1643
shall be paid into the state treasury to the credit of that	1644
corporate and uniform commercial code filing fund:	1645

(1) Twenty-five dollars of each fee collected under	1646
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the	1647
Revised Code;	1648

(2) Twenty-five dollars of each fee collected under division	1649
(C) of section 1703.031 of the Revised Code;	1650

(3) All fees collected under divisions (I)(2) and (N) of	1651
section 111.16 of the Revised Code;	1652

(4) All fees collected under section 1703.08 of the Revised	1653
Code;	1654

(5) Each fifty-dollar fee for amendments filed by foreign	1655
nonprofit corporations under section 1703.27 of the Revised Code.	1656

(B) The secretary of state may implement a credit card	1657
payment program permitting that permits payment of any fee charged	1658
by the secretary of state by means of a credit card. The	1659
secretary of state may open an account outside the state treasury	1660
in a financial institution for the purpose of depositing credit	1661
card receipts. Within forty-eight hours following the deposit of	1662
the receipts, the financial institution shall make available to	1663
the secretary of state funds in the amount of the receipts. The	1664
secretary of state then shall then pay these those funds into the	1665
state treasury to the credit of the general revenue corporate and	1666
uniform commercial code filing fund, subject to division (B) of	1667
section 1309.401 of the Revised Code and except as otherwise	1668
provided by in the Revised Code.	1669

The secretary of state may pay the cost of any service charge	1670
required by a financial institution or credit card company in	1671
connection with a credit card payment program.	1672

The secretary of state shall adopt rules as necessary to	1673
carry out the purposes of this division. The rules shall include	1674
standards for determining eligible financial institutions and the	1675
manner in which funds shall be made available and shall be	1676
consistent with the standards contained in sections 135.03,	1677
135.18, and 135.181 of the Revised Code.	1678

(C) The secretary of state may implement alternative payment	1679
programs that permit payment of any fee charged by the secretary	1680
of state by means other than cash, check, money order, or credit	1681
card; an alternative payment program may include, but is not	1682
limited to, one that permits a fee to be paid by electronic means	1683
of transmission. The secretary of state may open an account	1684
outside the state treasury in a financial institution for the	1685
purpose of operating an alternative payment program. Within	1686
forty-eight hours following the deposit of funds into such an	1687
account, the financial institution shall make available to the	1688
secretary of state the deposited funds. The secretary of state	1689
then shall pay those funds into the state treasury to the credit	1690
of the corporate and uniform commercial code filing fund, subject	1691
to division (B) of section 1309.401 of the Revised Code and except	1692
as otherwise provided in the Revised Code.	1693

The secretary of state may pay the cost of any service charge	1694
required by a financial institution or service company in	1695
connection with an alternative payment program.	1696

The secretary of state shall adopt rules necessary to carry	1697
out the purposes of this division. The rules shall include	1698
standards for determining eligible financial institutions and the	1699
manner in which funds shall be made available and shall be	1700
consistent with the standards contained in sections 135.03,	1701
135.18, and 135.181 of the Revised Code.	1702

Sec. 111.23.  (A) The secretary of state, by rule, shall	1703
establish, and prescribe guidelines and fees for the use of, an	1704
"expedited filing service" that provides, at the option of the	1705
person making such a filing, expeditious processing of any filing	1706
with the secretary of state under Chapters Chapter 1309. and or	1707
1329. and of any filing referred to in divisions (A), (B), (C),	1708
(D), (E), (F), and (G) of section 111.16 or Title XVII of the	1709
Revised Code.	1710

(B) The secretary of state may adopt rules establishing, and	1711
prescribing guidelines and fees for the use of, a bulk filing	1712
service that provides, at the option of the person making a	1713
filing, a method for providing large amounts of information. The	1714
secretary of state may charge and collect fees for filings made	1715
through a bulk filing service at reduced amounts from those	1716
otherwise specified in or authorized by the Revised Code.	1717

(C) The secretary of state may adopt rules establishing, and	1718
prescribing guidelines and fees for the use of, alternative filing	1719
procedures in making filings with the secretary of state. Under	1720
these rules, the secretary of state may accept any filing and	1721
payment of associated fees through any electronic, digital,	1722
facsimile, or other means of transmission. The filings shall be	1723
made on a form prescribed by the secretary of state and shall	1724
comply fully with any other requirements of the Revised Code	1725
applicable to the type of filing being made.	1726

Sec. 111.25.  (A) The secretary of state shall prescribe the	1727
following forms for persons to use in complying with the	1728
requirements of Chapter 1309. of the Revised Code for the filing	1729
of financing statements and related documents:	1730

(A)(1) The financing statement described in division (A) of	1731
section 1309.39 of the Revised Code;	1732

(B)(2) A form for the amendment of a financing statement	1733
described in division (C) of section 1309.39 of the Revised Code;	1734

(C)(3) A continuation statement described in division (C) of	1735
section 1309.40 of the Revised Code;	1736

(D)(4) A termination statement described in division (A) of	1737
section 1309.41 of the Revised Code;	1738

(E)(5) A form for an assignment of rights under a financing	1739
statement described in section 1309.42 of the Revised Code;	1740

(F)(6) A statement of release described in section 1309.43	1741
of the Revised Code.	1742

(B) The secretary of state shall prescribe the forms for	1743
persons to use in complying with the requirements of Title XVII of	1744
the Revised Code to the extent that those requirements relate to	1745
filings with the secretary of state's office.	1746

Sec. 118.08.  (A) The members of the financial planning and	1747
supervision commission shall serve without compensation, but shall	1748
be paid by the commission their necessary and actual expenses	1749
incurred while engaged in the business of the commission.	1750

(B) All expenses incurred for services rendered by the	1751
financial supervisor for a period of twenty-four months shall be	1752
paid by the commission pursuant to an appropriation made by the	1753
general assembly for this purpose. Expenses incurred for services	1754
rendered by the financial supervisor beyond this period shall be	1755
borne by the municipal corporation, county, or township unless the	1756
director of budget and management waives the costs and allows	1757
payment in accordance with the following:	1758

(1) If the continued performance of the financial supervisor	1759
is required for a period of twenty-five to thirty months, the	1760
municipal corporation, county, or township is responsible for	1761
twenty per cent of the compensation due.	1762

(2) If the continued performance of the financial supervisor	1763
is required for a period of thirty-one to thirty-six months, the	1764
municipal corporation, county, or township is responsible for	1765
fifty per cent of the compensation due.	1766

(3) If the continued performance of the financial supervisor	1767
is required for a period of thirty-seven months or more, the	1768
municipal corporation, county, or township is responsible for one	1769
hundred per cent of the compensation due except as otherwise	1770
provided in division (B)(4) of this section.	1771

(4) Beginning in fiscal year 2000, if If the continued	1772
performance of the financial supervisor has been required longer	1773
than eight fiscal years for any municipal corporation, county, or	1774
township declared to be in a fiscal emergency prior to fiscal year	1775
1996, that municipal corporation, county, or township is	1776
responsible for fifty per cent of the compensation due in its	1777
ninth fiscal year 2000 while in fiscal emergency and one hundred	1778
per cent of the compensation due in its tenth fiscal year 2001 and	1779
every fiscal year thereafter while in fiscal emergency.	1780

(C) If the municipal corporation, county, or township fails	1781
to make any payment to the financial supervisor as required by	1782
this chapter, the financial supervisor may certify to the county	1783
auditor the amount due, and that amount shall be withheld from the	1784
municipal corporation, county, or township from any fund or funds	1785
in the custody of the county auditor for distribution to the	1786
municipal corporation, county, or township, except for those	1787
reserved for payment of local government fund notes. Upon	1788
receiving such the certification from the auditor of state	1789
financial supervisor, the county auditor shall draw a voucher for	1790
the amount against such those fund or funds in favor of the	1791
financial supervisor.	1792

Sec. 120.06.  (A)(1) The state public defender, when	1793
designated by the court or requested by a county public defender	1794
or joint county public defender, may provide legal representation	1795
in all courts throughout the state to indigent adults and	1796
juveniles who are charged with the commission of an offense or act	1797
for which the penalty or any possible adjudication includes the	1798
potential loss of liberty.	1799

(2) The state public defender may provide legal	1800
representation to any indigent person who, while incarcerated in	1801
any state correctional institution, is charged with a felony	1802
offense, for which the penalty or any possible adjudication that	1803
may be imposed by a court upon conviction includes the potential	1804
loss of liberty.	1805

(3) The state public defender may provide legal	1806
representation to any person incarcerated in any correctional	1807
institution of the state, in any matter in which the person	1808
asserts the person is unlawfully imprisoned or detained.	1809

(4) The state public defender, in any case in which the	1810
state public defender has provided legal representation or is	1811
requested to do so by a county public defender or joint county	1812
public defender, may provide legal representation on appeal.	1813

(5) The state public defender, when designated by the court	1814
or requested by a county public defender, joint county public	1815
defender, or the director of rehabilitation and correction, shall	1816
provide legal representation in parole and probation revocation	1817
matters, unless the state public defender finds that the alleged	1818
parole or probation violator has the financial capacity to retain	1819
the alleged violator's own counsel.	1820

(6) If the state public defender contracts with a county	1821
public defender commission, a joint county public defender	1822
commission, or a board of county commissioners for the provision	1823
of services, under authority of division (C)(7) of section 120.04	1824
of the Revised Code, the state public defender shall provide legal	1825
representation in accordance with the contract.	1826

(B) The state public defender shall not be required to	1827
prosecute any appeal, postconviction remedy, or other proceeding	1828
pursuant to division (A)(3), (4), or (5) of this section, unless	1829
the state public defender first is satisfied that there is	1830
arguable merit to the proceeding.	1831

(C) A court may appoint counsel or allow an indigent person	1832
to select the indigent's own personal counsel to assist the state	1833
public defender as co-counsel when the interests of justice so	1834
require. When co-counsel is appointed to assist the state public	1835
defender, the co-counsel shall receive any compensation that the	1836
court may approve, not to exceed the amounts provided for in	1837
section 2941.51 of the Revised Code.	1838

(D) When the state public defender is designated by the	1839
court or requested by a county public defender or joint county	1840
public defender to provide legal representation for an indigent	1841
person in any case, other than pursuant to a contract entered into	1842
under authority of division (C)(7) of section 120.04 of the	1843
Revised Code, the state public defender shall send to the county	1844
in which the case is filed an itemized bill for fifty per cent of	1845
the actual cost of the representation. The county, upon receipt	1846
of an itemized bill from the state public defender pursuant to	1847
this division, shall pay fifty per cent of the actual cost of the	1848
legal representation as set forth in the itemized bill. There is	1849
hereby created in the state treasury the county representation	1850
fund for the deposit of moneys received from counties under this	1851
division. All moneys credited to the fund shall be used by the	1852
state public defender to provide legal representation for indigent	1853
persons when designated by the court or requested by a county or	1854
joint county public defender.	1855

(E)(1) Notwithstanding any contrary provision of sections	1856
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	1857
that pertains to representation by the attorney general, an	1858
assistant attorney general, or special counsel of an officer or	1859
employee, as defined in section 109.36 of the Revised Code, or of	1860
an entity of state government, the state public defender may elect	1861
to contract with, and to have the state pay pursuant to division	1862
(E)(2) of this section for the services of, private legal counsel	1863
to represent the Ohio public defender commission, the state public	1864
defender, assistant state public defenders, other employees of the	1865
commission or the state public defender, and attorneys described	1866
in division (C) of section 120.41 of the Revised Code in a	1867
malpractice or other civil action or proceeding that arises from	1868
alleged actions or omissions related to responsibilities derived	1869
pursuant to this chapter, or in a civil action that is based upon	1870
alleged violations of the constitution or statutes of the United	1871
States, including section 1983 of Title 42 of the United States	1872
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	1873
arises from alleged actions or omissions related to	1874
responsibilities derived pursuant to this chapter, if the state	1875
public defender determines, in good faith, that the defendant in	1876
the civil action or proceeding did not act manifestly outside the	1877
scope of the defendant's employment or official responsibilities,	1878
with malicious purpose, in bad faith, or in a wanton or reckless	1879
manner. If the state public defender elects not to contract	1880
pursuant to this division for private legal counsel in a civil	1881
action or proceeding, then, in accordance with sections 109.02,	1882
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	1883
attorney general shall represent or provide for the representation	1884
of the Ohio public defender commission, the state public defender,	1885
assistant state public defenders, other employees of the	1886
commission or the state public defender, or attorneys described in	1887
division (C) of section 120.41 of the Revised Code in the civil	1888
action or proceeding.	1889

(2)(a) Subject to division (E)(2)(b) of this section,	1890
payment from the state treasury for the services of private legal	1891
counsel with whom the state public defender has contracted	1892
pursuant to division (E)(1) of this section shall be accomplished	1893
only through the following procedure:	1894

(i) The private legal counsel shall file with the attorney	1895
general a copy of the contract; a request for an award of legal	1896
fees, court costs, and expenses earned or incurred in connection	1897
with the defense of the Ohio public defender commission, the state	1898
public defender, an assistant state public defender, an employee,	1899
or an attorney in a specified civil action or proceeding; a	1900
written itemization of those fees, costs, and expenses, including	1901
the signature of the state public defender and the state public	1902
defender's attestation that the fees, costs, and expenses were	1903
earned or incurred pursuant to division (E)(1) of this section to	1904
the best of the state public defender's knowledge and information;	1905
a written statement whether the fees, costs, and expenses are for	1906
all legal services to be rendered in connection with that defense,	1907
are only for legal services rendered to the date of the request	1908
and additional legal services likely will have to be provided in	1909
connection with that defense, or are for the final legal services	1910
rendered in connection with that defense; a written statement	1911
indicating whether the private legal counsel previously submitted	1912
a request for an award under division (E)(2) of this section in	1913
connection with that defense and, if so, the date and the amount	1914
of each award granted; and, if the fees, costs, and expenses are	1915
for all legal services to be rendered in connection with that	1916
defense or are for the final legal services rendered in connection	1917
with that defense, a certified copy of any judgment entry in the	1918
civil action or proceeding or a signed copy of any settlement	1919
agreement entered into between the parties to the civil action or	1920
proceeding.	1921

(ii) Upon receipt of a request for an award of legal fees,	1922
court costs, and expenses and the requisite supportive	1923
documentation described in division (E)(2)(a)(i) of this section,	1924
the attorney general shall review the request and documentation;	1925
determine whether any of the limitations specified in division	1926
(E)(2)(b) of this section apply to the request; and, if an award	1927
of legal fees, court costs, or expenses is permissible after	1928
applying the limitations, prepare a document awarding legal fees,	1929
court costs, or expenses to the private legal counsel. The	1930
document shall name the private legal counsel as the recipient of	1931
the award; specify the total amount of the award as determined by	1932
the attorney general; itemize the portions of the award that	1933
represent legal fees, court costs, and expenses; specify any	1934
limitation applied pursuant to division (E)(2)(b) of this section	1935
to reduce the amount of the award sought by the private legal	1936
counsel; state that the award is payable from the state treasury	1937
pursuant to division (E)(2)(a)(iii) of this section; and be	1938
approved by the inclusion of the signatures of the attorney	1939
general, the state public defender, and the private legal counsel.	1940

(iii) The attorney general shall forward a copy of the	1941
document prepared pursuant to division (E)(2)(a)(ii) of this	1942
section to the director of budget and management. The award of	1943
legal fees, court costs, or expenses shall be paid out of the	1944
state public defender's appropriations, to the extent there is a	1945
sufficient available balance in those appropriations. If the	1946
state public defender does not have a sufficient available balance	1947
in the state public defender's appropriations to pay the entire	1948
award of legal fees, court costs, or expenses, the director shall	1949
make application for a transfer of appropriations out of the	1950
emergency purposes account or any other appropriation for	1951
emergencies or contingencies in an amount equal to the portion of	1952
the award that exceeds the sufficient available balance in the	1953
state public defender's appropriations. A transfer of	1954
appropriations out of the emergency purposes account or any other	1955
appropriation for emergencies or contingencies shall be authorized	1956
if there are sufficient moneys greater than the sum total of then	1957
pending emergency purposes account requests, or requests for	1958
releases from the other appropriation. If a transfer of	1959
appropriations out of the emergency purposes account or other	1960
appropriation for emergencies or contingencies is made to pay an	1961
amount equal to the portion of the award that exceeds the	1962
sufficient available balance in the state public defender's	1963
appropriations, the director shall cause the payment to be made to	1964
the private legal counsel. If sufficient moneys do not exist in	1965
the emergency purposes account or other appropriation for	1966
emergencies or contingencies to pay an amount equal to the portion	1967
of the award that exceeds the sufficient available balance in the	1968
state public defender's appropriations, the private legal counsel	1969
shall request the general assembly to make an appropriation	1970
sufficient to pay an amount equal to the portion of the award that	1971
exceeds the sufficient available balance in the state public	1972
defender's appropriations, and no payment in that amount shall be	1973
made until the appropriation has been made. The private legal	1974
counsel shall make the request during the current biennium and	1975
during each succeeding biennium until a sufficient appropriation	1976
is made.	1977

(b) An award of legal fees, court costs, and expenses	1978
pursuant to division (E) of this section is subject to the	1979
following limitations:	1980

(i) The maximum award or maximum aggregate of a series of	1981
awards of legal fees, court costs, and expenses to the private	1982
legal counsel in connection with the defense of the Ohio public	1983
defender commission, the state public defender, an assistant state	1984
public defender, an employee, or an attorney in a specified civil	1985
action or proceeding shall not exceed fifty thousand dollars.	1986

(ii) The private legal counsel shall not be awarded legal	1987
fees, court costs, or expenses to the extent the fees, costs, or	1988
expenses are covered by a policy of malpractice or other	1989
insurance.	1990

(iii) The private legal counsel shall be awarded legal fees	1991
and expenses only to the extent that the fees and expenses are	1992
reasonable in light of the legal services rendered by the private	1993
legal counsel in connection with the defense of the Ohio public	1994
defender commission, the state public defender, an assistant state	1995
public defender, an employee, or an attorney in a specified civil	1996
action or proceeding.	1997

(c) If, pursuant to division (E)(2)(a) of this section, the	1998
attorney general denies a request for an award of legal fees,	1999
court costs, or expenses to private legal counsel because of the	2000
application of a limitation specified in division (E)(2)(b) of	2001
this section, the attorney general shall notify the private legal	2002
counsel in writing of the denial and of the limitation applied.	2003

(d) If, pursuant to division (E)(2)(c) of this section, a	2004
private legal counsel receives a denial of an award notification	2005
or if a private legal counsel refuses to approve a document under	2006
division (E)(2)(a)(ii) of this section because of the proposed	2007
application of a limitation specified in division (E)(2)(b) of	2008
this section, the private legal counsel may commence a civil	2009
action against the attorney general in the court of claims to	2010
prove the private legal counsel's entitlement to the award sought,	2011
to prove that division (E)(2)(b) of this section does not prohibit	2012
or otherwise limit the award sought, and to recover a judgment for	2013
the amount of the award sought. A civil action under division	2014
(E)(2)(d) of this section shall be commenced no later than two	2015
years after receipt of a denial of award notification or, if the	2016
private legal counsel refused to approve a document under division	2017
(E)(2)(a)(ii) of this section because of the proposed application	2018
of a limitation specified in division (E)(2)(b) of this section,	2019
no later than two years after the refusal. Any judgment of the	2020
court of claims in favor of the private legal counsel shall be	2021
paid from the state treasury in accordance with division (E)(2)(a)	2022
of this section.	2023

(F) If a court appoints the office of the state public	2024
defender to represent a petitioner in a postconviction relief	2025
proceeding under section 2953.21 of the Revised Code, the	2026
petitioner has received a sentence of death, and the proceeding	2027
relates to that sentence, all of the attorneys who represent the	2028
petitioner in the proceeding pursuant to the appointment, whether	2029
an assistant state public defender, the state public defender, or	2030
another attorney, shall be certified under Rule 65 20 of the Rules	2031
of Superintendence for Common Pleas the Courts of Ohio to	2032
represent indigent defendants charged with or convicted of an	2033
offense for which the death penalty can be or has been imposed.	2034

Sec. 120.16.  (A)(1) The county public defender shall	2035
provide legal representation to indigent adults and juveniles who	2036
are charged with the commission of an offense or act that is a	2037
violation of a state statute and for which the penalty or any	2038
possible adjudication includes the potential loss of liberty and	2039
in postconviction proceedings as defined in this section.	2040

(2) The county public defender may provide legal	2041
representation to indigent adults and juveniles charged with the	2042
violation of an ordinance of a municipal corporation for which the	2043
penalty or any possible adjudication includes the potential loss	2044
of liberty, if the county public defender commission has	2045
contracted with the municipal corporation to provide legal	2046
representation for indigent persons charged with a violation of an	2047
ordinance of the municipal corporation.	2048

(B) The county public defender shall provide the legal	2049
representation authorized by division (A) of this section at every	2050
stage of the proceedings following arrest, detention, service of	2051
summons, or indictment.	2052

(C) The county public defender may request the state public	2053
defender to prosecute any appeal or other remedy before or after	2054
conviction that the county public defender decides is in the	2055
interests of justice, and may provide legal representation in	2056
parole and probation revocation matters.	2057

(D) The county public defender shall not be required to	2058
prosecute any appeal, postconviction remedy, or other proceeding,	2059
unless the county public defender is first satisfied there is	2060
arguable merit to the proceeding.	2061

(E) Nothing in this section shall prevent a court from	2062
appointing counsel other than the county public defender or from	2063
allowing an indigent person to select the indigent person's own	2064
personal counsel to represent the indigent person. A court may	2065
also appoint counsel or allow an indigent person to select the	2066
indigent person's own personal counsel to assist the county public	2067
defender as co-counsel when the interests of justice so require.	2068

(F) Information as to the right to legal representation by	2069
the county public defender or assigned counsel shall be afforded	2070
to an accused person immediately upon arrest, when brought before	2071
a magistrate, or when formally charged, whichever occurs first.	2072

(G) If a court appoints the office of the county public	2073
defender to represent a petitioner in a postconviction relief	2074
proceeding under section 2953.21 of the Revised Code, the	2075
petitioner has received a sentence of death, and the proceeding	2076
relates to that sentence, all of the attorneys who represent the	2077
petitioner in the proceeding pursuant to the appointment, whether	2078
an assistant county public defender or the county public defender,	2079
shall be certified under Rule 65 20 of the Rules of	2080
Superintendence for Common Pleas the Courts of Ohio to represent	2081
indigent defendants charged with or convicted of an offense for	2082
which the death penalty can be or has been imposed.	2083

Sec. 120.26.  (A)(1) The joint county public defender shall	2084
provide legal representation to indigent adults and juveniles who	2085
are charged with the commission of an offense or act that is a	2086
violation of a state statute and for which the penalty or any	2087
possible adjudication includes the potential loss of liberty and	2088
in postconviction proceedings as defined in this section.	2089

(2) The joint county public defender may provide legal	2090
representation to indigent adults and juveniles charged with the	2091
violation of an ordinance of a municipal corporation for which the	2092
penalty or any possible adjudication includes the potential loss	2093
of liberty, if the joint county public defender commission has	2094
contracted with the municipal corporation to provide legal	2095
representation for indigent persons charged with a violation of an	2096
ordinance of the municipal corporation.	2097

(B) The joint county public defender shall provide the legal	2098
representation authorized by division (A) of this section at every	2099
stage of the proceedings following arrest, detention, service of	2100
summons, or indictment.	2101

(C) The joint county public defender may request the Ohio	2102
public defender to prosecute any appeal or other remedy before or	2103
after conviction that the joint county public defender decides is	2104
in the interests of justice and may provide legal representation	2105
in parole and probation revocation matters.	2106

(D) The joint county public defender shall not be required	2107
to prosecute any appeal, postconviction remedy, or other	2108
proceeding, unless the joint county public defender is first	2109
satisfied that there is arguable merit to the proceeding.	2110

(E) Nothing in this section shall prevent a court from	2111
appointing counsel other than the joint county public defender or	2112
from allowing an indigent person to select the indigent person's	2113
own personal counsel to represent the indigent person. A court	2114
may also appoint counsel or allow an indigent person to select the	2115
indigent person's own personal counsel to assist the joint county	2116
public defender as co-counsel when the interests of justice so	2117
require.	2118

(F) Information as to the right to legal representation by	2119
the joint county public defender or assigned counsel shall be	2120
afforded to an accused person immediately upon arrest, when	2121
brought before a magistrate, or when formally charged, whichever	2122
occurs first.	2123

(G) If a court appoints the office of the joint county	2124
public defender to represent a petitioner in a postconviction	2125
relief proceeding under section 2953.21 of the Revised Code, the	2126
petitioner has received a sentence of death, and the proceeding	2127
relates to that sentence, all of the attorneys who represent the	2128
petitioner in the proceeding pursuant to the appointment, whether	2129
an assistant joint county defender or the joint county public	2130
defender, shall be certified under Rule 65 20 of the Rules of	2131
Superintendence for Common Pleas the Courts of Ohio to represent	2132
indigent defendants charged with or convicted of an offense for	2133
which the death penalty can be or has been imposed.	2134

Sec. 120.33.  (A) In lieu of using a county public defender	2135
or joint county public defender to represent indigent persons in	2136
the proceedings set forth in division (A) of section 120.16 of the	2137
Revised Code, the board of county commissioners of any county may	2138
adopt a resolution to pay counsel who are either personally	2139
selected by the indigent person or appointed by the court. The	2140
resolution shall include those provisions the board of county	2141
commissioners considers necessary to provide effective	2142
representation of indigent persons in any proceeding for which	2143
counsel is provided under this section. The resolution shall	2144
include provisions for contracts with any municipal corporation	2145
under which the municipal corporation shall reimburse the county	2146
for counsel appointed to represent indigent persons charged with	2147
violations of the ordinances of the municipal corporation.	2148

(1) In a county that adopts a resolution to pay counsel, an	2149
indigent person shall have the right to do either of the	2150
following:	2151

(a) To select the person's own personal counsel to represent	2152
the person in any proceeding included within the provisions of the	2153
resolution;	2154

(b) To request the court to appoint counsel to represent the	2155
person in such a proceeding.	2156

(2) The court having jurisdiction over the proceeding in a	2157
county that adopts a resolution to pay counsel shall, after	2158
determining that the person is indigent and entitled to legal	2159
representation under this section, do either of the following:	2160

(a) By signed journal entry recorded on its docket, enter	2161
the name of the lawyer selected by the indigent person as counsel	2162
of record;	2163

(b) Appoint counsel for the indigent person if the person	2164
has requested the court to appoint counsel and, by signed journal	2165
entry recorded on its dockets, enter the name of the lawyer	2166
appointed for the indigent person as counsel of record.	2167

(3) The board of county commissioners shall establish a	2168
schedule of fees by case or on an hourly basis to be paid to	2169
counsel for legal services provided pursuant to a resolution	2170
adopted under this section. Prior to establishing the schedule,	2171
the board of county commissioners shall request the bar	2172
association or associations of the county to submit a proposed	2173
schedule. The schedule submitted shall be subject to the review,	2174
amendment, and approval of the board of county commissioners.	2175

(4) Counsel selected by the indigent person or appointed by	2176
the court at the request of an indigent person in a county that	2177
adopts a resolution to pay counsel, except for counsel appointed	2178
to represent a person charged with any violation of an ordinance	2179
of a municipal corporation that has not contracted with the county	2180
commissioners for the payment of appointed counsel, shall be paid	2181
by the county and shall receive the compensation and expenses the	2182
court approves. Each request for payment shall be accompanied by	2183
a financial disclosure form and an affidavit of indigency that are	2184
completed by the indigent person on forms prescribed by the state	2185
public defender. Compensation and expenses shall not exceed the	2186
amounts fixed by the board of county commissioners in the schedule	2187
adopted pursuant to division (A)(3) of this section. No court	2188
shall approve compensation and expenses that exceed the amount	2189
fixed pursuant to division (A)(3) of this section.	2190

The fees and expenses approved by the court shall not be	2191
taxed as part of the costs and shall be paid by the county.	2192
However, if the person represented has, or may reasonably be	2193
expected to have, the means to meet some part of the cost of the	2194
services rendered to the person, the person shall pay the county	2195
an amount that the person reasonably can be expected to pay.	2196
Pursuant to section 120.04 of the Revised Code, the county shall	2197
pay to the state public defender a percentage of the payment	2198
received from the person in an amount proportionate to the	2199
percentage of the costs of the person's case that were paid to the	2200
county by the state public defender pursuant to this section. The	2201
money paid to the state public defender shall be credited to the	2202
client payment fund created pursuant to division (B)(5) of section	2203
120.04 of the Revised Code.	2204

The county auditor shall draw a warrant on the county	2205
treasurer for the payment of counsel in the amount fixed by the	2206
court, plus the expenses the court fixes and certifies to the	2207
auditor. The county auditor shall report periodically, but not	2208
less than annually, to the board of county commissioners and to	2209
the Ohio public defender commission the amounts paid out pursuant	2210
to the approval of the court. The board of county commissioners,	2211
after review and approval of the auditor's report, may then	2212
certify it to the state public defender for reimbursement. If a	2213
request for reimbursement is not accompanied by a financial	2214
disclosure form and an affidavit of indigency completed by the	2215
indigent person on forms prescribed by the state public defender,	2216
the state public defender shall not pay the requested	2217
reimbursement. If a request for the reimbursement of the cost of	2218
counsel in any case is not received by the state public defender	2219
within ninety days after the end of the calendar month in which	2220
the case is finally disposed of by the court, unless the county	2221
has requested and the state public defender has granted an	2222
extension of the ninety-day limit, the state public defender shall	2223
not pay the requested reimbursement. The state public defender	2224
shall also review the report and, in accordance with the	2225
standards, guidelines, and maximums established pursuant to	2226
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	2227
prepare a voucher for fifty per cent of the total cost of each	2228
county appointed counsel system in the period of time covered by	2229
the certified report and a voucher for fifty per cent of the costs	2230
and expenses that are reimbursable under section 120.35 of the	2231
Revised Code, if any, or, if the amount of money appropriated by	2232
the general assembly to reimburse counties for the operation of	2233
county public defender offices, joint county public defender	2234
offices, and county appointed counsel systems is not sufficient to	2235
pay fifty per cent of the total cost of all of the offices and	2236
systems other than costs and expenses that are reimbursable under	2237
section 120.35 of the Revised Code, for the lesser amount required	2238
by section 120.34 of the Revised Code.	2239

(5) If any county appointed counsel system fails to maintain	2240
the standards for the conduct of the system established by the	2241
rules of the Ohio public defender commission pursuant to divisions	2242
(B) and (C) of section 120.03 or the standards established by the	2243
state public defender pursuant to division (B)(7) of section	2244
120.04 of the Revised Code, the Ohio public defender commission	2245
shall notify the board of county commissioners of the county that	2246
the county appointed counsel system has failed to comply with its	2247
rules or the standards of the state public defender. Unless the	2248
board of county commissioners corrects the conduct of its	2249
appointed counsel system to comply with the rules and standards	2250
within ninety days after the date of the notice, the state public	2251
defender may deny all or part of the county's reimbursement from	2252
the state provided for in division (A)(4) of this section.	2253

(B) In lieu of using a county public defender or joint	2254
county public defender to represent indigent persons in the	2255
proceedings set forth in division (A) of section 120.16 of the	2256
Revised Code, and in lieu of adopting the resolution and following	2257
the procedure described in division (A) of this section, the board	2258
of county commissioners of any county may contract with the state	2259
public defender for the state public defender's legal	2260
representation of indigent persons. A contract entered into	2261
pursuant to this division may provide for payment for the services	2262
provided on a per case, hourly, or fixed contract basis.	2263

(C) If a court appoints an attorney pursuant to this section	2264
to represent a petitioner in a postconviction relief proceeding	2265
under section 2953.21 of the Revised Code, the petitioner has	2266
received a sentence of death, and the proceeding relates to that	2267
sentence, the attorney who represents the petitioner in the	2268
proceeding pursuant to the appointment shall be certified under	2269
Rule 65 20 of the Rules of Superintendence for Common Pleas the	2270
Courts of Ohio to represent indigent defendants charged with or	2271
convicted of an offense for which the death penalty can be or has	2272
been imposed.	2273

Sec. 121.40.  (A) There is hereby created the governor's	2274
Ohio community service council consisting of twenty-one members	2275
including the superintendent of public instruction or the	2276
superintendent's designee, the chancellor of the Ohio board of	2277
regents or the chancellor's designee, the director of natural	2278
resources or the director's designee, the director of youth	2279
services or the director's designee, the director of aging or the	2280
director's designee, the director of job and family services or	2281
the director's designee, the chairperson of the committee of the	2282
house of representatives dealing with education or the	2283
chairperson's designee, the chairperson of the committee of the	2284
senate dealing with education or the chairperson's designee, and	2285
thirteen members who shall be appointed by the governor with the	2286
advice and consent of the senate and who shall serve terms of	2287
office of three years. The appointees shall include educators,	2288
including teachers and administrators; representatives of youth	2289
organizations; students and parents; representatives of	2290
organizations engaged in volunteer program development and	2291
management throughout the state, including youth and conservation	2292
programs; and representatives of business, government, nonprofit	2293
organizations, social service agencies, veterans organizations,	2294
religious organizations, or philanthropies that support or	2295
encourage volunteerism within the state. Members of the council	2296
shall receive no compensation, but shall be reimbursed for actual	2297
and necessary expenses incurred in the performance of their	2298
official duties.	2299

(B) The council shall appoint an executive director for the	2300
council, who shall be in the unclassified civil service. The	2301
executive director shall supervise the council's activities and	2302
report to the council on the progress of those activities. The	2303
executive director shall do all things necessary for the efficient	2304
and effective implementation of the duties of the council.	2305

The responsibilities assigned to the executive director do	2306
not relieve the members of the council from final responsibility	2307
for the proper performance of the requirements of this division	2308
section.	2309

(C) The council or its designee shall do all of the	2310
following:	2311

(1) Employ, promote, supervise, and remove all employees as	2312
needed in connection with the performance of its duties under this	2313
section and may assign duties to those employees as necessary to	2314
achieve the most efficient performance of its functions, and to	2315
that end may establish, change, or abolish positions, and assign	2316
and reassign duties and responsibilities of any employee of the	2317
council. Personnel employed by the council who are subject to	2318
Chapter 4117. of the Revised Code shall retain all of their rights	2319
and benefits conferred pursuant to that chapter. Nothing in this	2320
chapter shall be construed as eliminating or interfering with	2321
Chapter 4117. of the Revised Code or the rights and benefits	2322
conferred under that chapter to public employees or to any	2323
bargaining unit.	2324

(2) Maintain its office in Columbus, and may hold sessions	2325
at any place within the state;	2326

(3) Acquire facilities, equipment, and supplies necessary to	2327
house the council, its employees, and files and records under its	2328
control, and to discharge any duty imposed upon it by law. The	2329
expense of these acquisitions shall be audited and paid for in the	2330
same manner as other state expenses. For that purpose, the	2331
council shall prepare and submit to the office of budget and	2332
management a budget for each biennium according to sections	2333
101.532 and 107.03 of the Revised Code. The budget submitted	2334
shall cover the costs of the council and its staff in the	2335
discharge of any duty imposed upon the council by law. The	2336
council shall not delegate any authority to obligate funds.	2337

(4) Pay its own payroll and other operating expenses from	2338
line items designated by the general assembly;	2339

(5) Retain its fiduciary responsibility as appointing	2340
authority. Any transaction instructions shall be certified by the	2341
appointing authority or its designee.	2342

(6) Establish the overall policy and management of the	2343
council in accordance with this chapter;	2344

(7) Assist in coordinating and preparing the state	2345
application for funds under sections 101 to 184 of the "National	2346
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	2347
U.S.C.A. 12411 to 12544, and amendments thereto as amended, assist	2348
in administering and overseeing the "National and Community	2349
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the	2350
americorps program in this state, and assist in developing	2351
objectives for a comprehensive strategy to encourage and expand	2352
community service programs throughout the state;	2353

(8) Assist the state board of education, school districts,	2354
the board of regents, and institutions of higher education in	2355
coordinating community service education programs through	2356
cooperative efforts between institutions and organizations in the	2357
public and private sectors;	2358

(9) Assist the departments of natural resources, youth	2359
services, aging, and job and family services in coordinating	2360
community service programs through cooperative efforts between	2361
institutions and organizations in the public and private sectors;	2362

(10) Suggest individuals and organizations that are	2363
available to assist school districts, institutions of higher	2364
education, and the departments of natural resources, youth	2365
services, aging, and job and family services in the establishment	2366
of community service programs and assist in investigating sources	2367
of funding for implementing such these programs;	2368

(11) Assist in evaluating the state's efforts in providing	2369
community service programs using standards and methods that are	2370
consistent with any statewide objectives for such these programs	2371
and provide information to the state board of education, school	2372
districts, the board of regents, institutions of higher education,	2373
and the departments of natural resources, youth services, aging,	2374
and job and family services to guide them in making decisions	2375
about these programs;	2376

(12) Assist the state board of education in complying with	2377
section 3301.70 of the Revised Code and the board of regents in	2378
complying with division (B)(2) of section 3333.043 of the Revised	2379
Code.	2380

(D) The department of aging shall serve as the council's	2381
fiscal agent. Beginning on July 1, 1997, whenever reference is	2382
made in any law, contract, or document to the functions of the	2383
department of youth services as fiscal agent to the council, the	2384
reference shall be deemed to refer to the department of aging. The	2385
department of aging shall have no responsibility for or obligation	2386
to the council prior to July 1, 1997. Any validation, cure,	2387
right, privilege, remedy, obligation, or liability shall be	2388
retained by the council.	2389

As used in this section, "fiscal agent" means technical	2390
support and includes the following technical support services:	2391

(1) Preparing and processing payroll and other personnel	2392
documents that the council executes as the appointing authority.	2393
The department of aging shall not approve any payroll or other	2394
personnel-related documents.	2395

(2) Maintaining ledgers of accounts and reports of account	2396
balances, and monitoring budgets and allotment plans in	2397
consultation with the council. The department shall not approve	2398
any biennial budget, grant, expenditure, audit, or fiscal-related	2399
document.	2400

(3) Performing other routine support services that the	2401
director of aging or the director's designee and the council or	2402
its designee consider appropriate to achieve efficiency.	2403

(E) The council or its designee has the following authority	2404
and responsibility relative to fiscal matters:	2405

(1) Sole authority to draw funds for any and all federal	2406
programs in which the council is authorized to participate;	2407

(2) Sole authority to expend funds from their accounts for	2408
programs and any other necessary expenses the council may incur	2409
and its subgrantees may incur;	2410

(3) Responsibility to cooperate with and inform the	2411
department of aging as fiscal agent to ensure that the department	2412
is fully apprised of all financial transactions.	2413

The council shall follow all state procurement requirements.

2414

The department of aging shall determine fees to be charged to	2415
the council, which shall be in proportion to the services	2416
performed for the council.	2417

The council shall pay fees owed to the department of aging	2418
from a general revenue fund of the council or from any other fund	2419
from which the operating expenses of the council are paid. Any	2420
amounts set aside for a fiscal year for the payment of such these	2421
fees shall be used only for the services performed for the council	2422
by the department of aging in that fiscal year.	2423

Sec. 122.011.  (A) The department of development shall	2424
develop and promote plans and programs designed to assure that	2425
state resources are efficiently used, economic growth is properly	2426
balanced, community growth is developed in an orderly manner, and	2427
local governments are coordinated with each other and the state,	2428
and for such purposes may do all of the following:	2429

(1) Serve as a clearinghouse for information, data, and	2430
other materials that may be helpful or necessary to persons or	2431
local governments, as provided in section 122.07 of the Revised	2432
Code;	2433

(2) Prepare and activate plans for the retention,	2434
development, expansion, and use of the resources and commerce of	2435
the state, as provided in section 122.04 of the Revised Code;	2436

(3) Assist and cooperate with federal, state, and local	2437
governments and agencies of federal, state, and local governments	2438
in the coordination of programs to carry out the functions and	2439
duties of the department;	2440

(4) Encourage and foster research and development	2441
activities, conduct studies related to the solution of community	2442
problems, and develop recommendations for administrative or	2443
legislative actions, as provided in section 122.03 of the Revised	2444
Code;	2445

(5) Serve as the economic and community development planning	2446
agency, which shall prepare and recommend plans and programs for	2447
the orderly growth and development of this state and which shall	2448
provide planning assistance, as provided in section 122.06 of the	2449
Revised Code;	2450

(6) Cooperate with and provide technical assistance to state	2451
departments, political subdivisions, regional and local planning	2452
commissions, tourist associations, councils of government,	2453
community development groups, community action agencies, and other	2454
appropriate organizations for carrying out the functions and	2455
duties of the department or for the solution of community	2456
problems;	2457

(7) Coordinate the activities of state agencies that have an	2458
impact on carrying out the functions and duties of the department;	2459

(8) Encourage and assist the efforts of and cooperate with	2460
local governments to develop mutual and cooperative solutions to	2461
their common problems that relate to carrying out the purposes of	2462
this section;	2463

(9) Study existing structure, operations, and financing of	2464
regional or local government and those state activities that	2465
involve significant relations with regional or local governmental	2466
units, recommend to the governor and to the general assembly such	2467
changes in these provisions and activities as will improve the	2468
operations of regional or local government, and conduct other	2469
studies of legal provisions that affect problems related to	2470
carrying out the purposes of this section;	2471

(10) Appoint, with the approval of the governor, technical	2472
and other advisory councils as it considers appropriate, as	2473
provided in section 122.09 of the Revised Code;	2474

(11) Create and operate a division of community development	2475
to develop and administer programs and activities that are	2476
authorized by federal statute or the Revised Code;	2477

(12) Until July 1, 2001, review, analyze, and summarize	2478
applications and information regarding the family farm loan	2479
program forwarded to the department by a financial institution	2480
pursuant to section 901.81 of the Revised Code, and forward the	2481
applications, information, analyses, and summaries to the director	2482
of agriculture;	2483

(13) Until July 1, 2001 2003, establish fees and charges, in	2484
consultation with the director of agriculture, for purchasing	2485
loans from financial institutions and providing loan guarantees	2486
under the family farm loan program created under sections 901.80	2487
to 901.83 of the Revised Code;	2488

(14)(13) Provide loan servicing for the loans purchased and	2489
loan guarantees provided under section 901.80 of the Revised Code	2490
as that section existed prior to July 1, 2001 2003;	2491

(15)(14) Until July 1, 2001 2003, and upon approval by the	2492
controlling board under division (A)(3) of section 901.82 of the	2493
Revised Code of the release of money to be used for purchasing a	2494
loan or providing a loan guarantee, request the release of that	2495
money in accordance with division (B) of section 166.03 of the	2496
Revised Code for use for the purposes of the fund created by	2497
section 166.031 of the Revised Code.	2498

(B) The department, by rule, shall establish criteria	2499
defining nonprofit corporations that are eligible for appointment	2500
as qualified agents pursuant to sections 135.81 to 135.88 of the	2501
Revised Code. The criteria shall require that a corporation be	2502
organized pursuant to Chapter 1702. of the Revised Code and have	2503
as its primary purpose the promotion of economic development or	2504
the creation or retention of jobs and job opportunities. The	2505
criteria may include a specification as to the professional	2506
qualifications of the corporation employees, a minimum elapsed	2507
period of time since the corporation was organized, current and	2508
former activities of the corporation, and such other criteria	2509
reasonably related to the foregoing that relate to the ability of	2510
the corporation to act as a qualified agent for the purposes of	2511
sections 135.51 135.81 to 135.88 of the Revised Code.	2512

(C) The director of development may request the attorney	2513
general to, and the attorney general, in accordance with section	2514
109.02 of the Revised Code, shall bring a civil action in any	2515
court of competent jurisdiction. The director may be sued in the	2516
director's official capacity, in connection with this chapter, in	2517
accordance with Chapter 2743. of the Revised Code.	2518

Sec. 122.71.  As used in sections 122.71 to 122.83 of the	2519
Revised Code:	2520

(A) "Financial institution" means any banking corporation,	2521
trust company, insurance company, savings and loan association,	2522
building and loan association, or corporation, partnership,	2523
federal lending agency, foundation, or other institution engaged	2524
in lending or investing funds for industrial or business purposes.	2525

(B) "Project" means any real or personal property connected	2526
with or being a part of an industrial, distribution, commercial,	2527
or research facility to be acquired, constructed, reconstructed,	2528
enlarged, improved, furnished, or equipped, or any combination	2529
thereof, with the aid provided under sections 122.71 to 122.83 of	2530
the Revised Code, for industrial, commercial, distribution, and	2531
research development of the state.	2532

(C) "Mortgage" means the lien imposed on a project by a	2533
mortgage on real property, or by financing statements on personal	2534
property, or a combination of a mortgage and financing statements	2535
when a project consists of both real and personal property.	2536

(D) "Mortgagor" means the principal user of a project or the	2537
person, corporation, partnership, or association unconditionally	2538
guaranteeing performance by the principal user of its obligations	2539
under the mortgage.	2540

(E)(1) "Minority business enterprise" means an individual who	2541
is a United States citizen and owns and controls a business, or a	2542
partnership, corporation, or joint venture of any kind that is	2543
owned and controlled by United States citizens who, which citizen	2544
or citizens are residents of this state or nonresidents of this	2545
state who have a significant presence in this state, and who are	2546
members of one of the following economically disadvantaged groups:	2547
Blacks, American Indians, Hispanics, and Orientals.	2548

(2) "Owned and controlled" means that at least fifty-one per	2549
cent of the business, including corporate stock if a corporation,	2550
is owned by persons who belong to one or more of the groups set	2551
forth in division (E)(1) of this section, and that those owners	2552
have control over the management and day-to-day operations of the	2553
business and an interest in the capital, assets, and profits and	2554
losses of the business proportionate to their percentage of	2555
ownership. In order to qualify as a minority business enterprise,	2556
a business shall have been owned and controlled by those persons	2557
at least one year prior to being awarded a contract pursuant to	2558
this section.	2559

(F) "Community improvement corporation" means a corporation	2560
organized under Chapter 1724. of the Revised Code.	2561

(G) "Ohio development corporation" means a corporation	2562
organized under Chapter 1726. of the Revised Code.	2563

(H) "Minority contractors business assistance organization"	2564
means an entity engaged in the provision of management and	2565
technical business assistance to minority business enterprise	2566
entrepreneurs.	2567

(I) "Minority business supplier development council" means a	2568
nonprofit organization established as an affiliate of the national	2569
minority supplier development council.	2570

Sec. 122.76.  (A) The director of development, with	2571
controlling board approval, may lend funds to minority business	2572
enterprises and to community improvement corporations and, Ohio	2573
development corporations, minority contractors business assistance	2574
organizations, and minority business supplier development	2575
councils for the purpose of loaning funds to minority business	2576
enterprises and for the purpose of procuring or improving real or	2577
personal property, or both, for the establishment, location, or	2578
expansion of industrial, distribution, commercial, or research	2579
facilities in the state, if the director determines, in the	2580
director's sole discretion, that all of the following apply:	2581

(1) The project is economically sound and will benefit the	2582
people of the state by increasing opportunities for employment, by	2583
strengthening the economy of the state, or expanding minority	2584
business enterprises;.	2585

(2) The proposed minority business enterprise borrower is	2586
unable to finance the proposed project through ordinary financial	2587
channels at comparable terms;.	2588

(3) The value of the project is, or, upon completion	2589
thereof, will be, at least equal to the total amount of the money	2590
expended in the procurement or improvement of the project, and of	2591
which amount one or more financial institutions or other	2592
governmental entities have loaned not less than thirty per cent;	2593
of that amount.	2594

(4) The amount to be loaned by the director will not exceed	2595
sixty per cent of the total amount expended in the procurement or	2596
improvement of the project;.	2597

(5) The amount to be loaned by the director will be	2598
adequately secured by a first or second mortgage upon the project,	2599
or by mortgages, leases, liens, assignments, or pledges on or of	2600
other property or contracts as the director requires, and that	2601
such mortgage will not be subordinate to any other liens or	2602
mortgages except the liens securing loans or investments made by	2603
financial institutions referred to in division (A)(3) of this	2604
section, and the liens securing loans previously made by any	2605
financial institution in connection with the procurement or	2606
expansion of all or part of a project.	2607

(B) Any proposed minority business enterprise borrower	2608
submitting an application for assistance under this section shall	2609
not have defaulted on a previous loan from the director, and no	2610
full or limited partner, or major shareholder, or holder of an	2611
equity interest of the proposed minority business enterprise	2612
borrower shall have defaulted on a loan from the director;.	2613

(C) The proposed minority business enterprise borrower shall	2614
demonstrate to the satisfaction of the director that it is able to	2615
successfully compete in the private sector if it obtains the	2616
necessary financial, technical, or managerial support and that	2617
support is available through the director, the minority business	2618
development office of the department of development, or other	2619
identified and acceptable sources. In determining whether a	2620
minority business enterprise borrower will be able to successfully	2621
compete, the director may give consideration to such factors as	2622
the successful completion of or participation in courses of study,	2623
recognized by the board of regents as providing financial,	2624
technical, or managerial skills related to the operation of the	2625
business, by the economically disadvantaged individual, owner, or	2626
partner, and the prior success of the individual, owner, or	2627
partner in personal, career, or business activities, as well as to	2628
other factors identified by the director.	2629

(D) The director shall not lend funds for the purpose of	2630
procuring or improving motor vehicles, power-driven vehicles,	2631
office equipment, raw materials, small tools, supplies,	2632
inventories, or accounts receivable.	2633

Sec. 122.92.  There is hereby created in the department of	2634
development a minority business development division. The	2635
division shall do all of the following:	2636

(A) Provide technical, managerial, and counseling services	2637
and assistance to minority business enterprises;	2638

(B) Provide procurement and bid packaging assistance to	2639
minority business enterprises;	2640

(C) Provide bonding technical assistance to minority	2641
business enterprises;	2642

(D) Participate with other state departments and agencies as	2643
appropriate in developing specific plans and specific program	2644
goals for programs to assist in the establishment and development	2645
of minority business enterprises and establish regular performance	2646
monitoring and reporting systems to ensure that those goals are	2647
being achieved;	2648

(E) Implement state law and policy supporting minority	2649
business enterprise development, and assist in the coordination of	2650
plans, programs, and operations of state government which affect	2651
or may contribute to the establishment, preservation, and	2652
strengthening of minority business enterprises;	2653

(F) Assist in the coordination of activities and resources	2654
of state agencies and local governments, business and trade	2655
associations, universities, foundations, professional	2656
organizations, and volunteer and other groups, to promote the	2657
growth of minority business enterprises;	2658

(G) Establish a center for the development, collection, and	2659
dissemination of information that will be helpful to persons in	2660
establishing or expanding minority business enterprises in this	2661
state;	2662

(H) Design, implement, and assist in experimental and	2663
demonstration projects designed to overcome the special problems	2664
of minority business enterprises;	2665

(I) Coordinate reviews of all proposed state training and	2666
technical assistance activities in direct support of minority	2667
business enterprise programs to ensure consistency with program	2668
goals and to preclude duplication of efforts by other state	2669
agencies;	2670

(J) Recommend appropriate legislative or executive actions	2671
to enhance minority business enterprise opportunities in the	2672
state;	2673

(K) Assist minority business enterprises in obtaining	2674
governmental or commercial financing for business expansion,	2675
establishment of new businesses, or industrial development	2676
projects;	2677

(L) Assist minority business enterprises in contract	2678
procurement from government and commercial sources;	2679

(M) Establish procedures to identify groups who have been	2680
disadvantaged because of racial, cultural, or ethnic circumstances	2681
without regard to the individual qualities of the members of the	2682
group;	2683

(N) Establish procedures to identify persons who have been	2684
economically disadvantaged;	2685

(O) Provide grant assistance to nonprofit entities that	2686
promote economic development, development corporations, community	2687
improvement corporations, and incubator business entities, if the	2688
entities or corporations focus on business, technical, and	2689
financial assistance to minority business enterprises to assist	2690
the enterprises with fixed asset financing;	2691

(P) Do all acts and things necessary or proper to carry out	2692
the powers expressly granted and duties imposed by sections 122.92	2693
to 122.94 of the Revised Code.	2694

Sec. 125.22.  (A) The department of administrative services	2695
shall establish the central service agency to perform routine	2696
support for the following boards and commissions:	2697

(1) State board of examiners of architects;

2698

(2) Barber board;

2699

(3) State chiropractic board;

2700

(4) State board of cosmetology;

2701

(5) Accountancy board;

2702

(6) State dental board;

2703

(7) State board of optometry;

2704

(8) Ohio occupational therapy, physical therapy, and	2705
athletic trainers board;	2706

(9) State board of registration for professional engineers	2707
and surveyors;	2708

(10) State board of sanitarian registration;

2709

(11) Board of embalmers and funeral directors;

2710

(12) State board of psychology;

2711

(13) Ohio optical dispensers board;

2712

(14) Board of speech pathology and audiology;

2713

(15) Counselor and social worker board;

2714

(16) State veterinary medical licensing board;

2715

(17) Ohio board of dietetics;

2716

(18) Commission on Hispanic-Latino affairs;

2717

(19) Ohio respiratory care board;

2718

(20) Ohio commission on African-American males.

2719

(B)(1) Notwithstanding any other section of the Revised	2720
Code, the agency shall perform the following routine support	2721
services for the boards and commissions named in division (A) of	2722
this section unless the controlling board exempts a board or	2723
commission from this requirement on the recommendation of the	2724
director of administrative services:	2725

(a) Preparing and processing payroll and other personnel	2726
documents;	2727

(b) Preparing and processing vouchers, purchase orders,	2728
encumbrances, and other accounting documents;	2729

(c) Maintaining ledgers of accounts and balances;

2730

(d) Preparing and monitoring budgets and allotment plans in	2731
consultation with the boards and commissions;	2732

(e) Maintaining information required by section 3729.40 of	2733
the Revised Code;	2734

(f) Other routine support services that the director of	2735
administrative services considers appropriate to achieve	2736
efficiency.	2737

(2) The agency may perform other services which a board or	2738
commission named in division (A) of this section delegates to the	2739
agency and the agency accepts.	2740

(3) The agency may perform any service for any professional	2741
or occupational licensing board not named in division (A) of this	2742
section or any commission if the board or commission requests such	2743
service and the agency accepts.	2744

(C) The director of administrative services shall be the	2745
appointing authority for the agency.	2746

(D) The agency shall determine the fees to be charged to the	2747
boards and commissions, which shall be in proportion to the	2748
services performed for each board or commission.	2749

(E) Each board or commission named in division (A) of this	2750
section and any other board or commission requesting services from	2751
the agency shall pay these fees to the agency from the general	2752
revenue fund maintenance account of the board or commission or	2753
from such other fund as the operating expenses of the board or	2754
commission are paid. Any amounts set aside for a fiscal year by a	2755
board or commission to allow for the payment of fees shall be used	2756
only for the services performed by the agency in that fiscal year.	2757
All receipts collected by the agency shall be deposited in the	2758
state treasury to the credit of the central service agency fund,	2759
which is hereby created. All expenses incurred by the agency in	2760
performing services for the boards or commissions shall be paid	2761
from the fund.	2762

(F) Nothing in this section shall be construed as a grant of	2763
authority for the central service agency to initiate or deny	2764
personnel or fiscal actions for the boards and commissions.	2765

Sec. 126.11.  (A)(1) The director of budget and management	2766
shall, upon consultation with the treasurer of state, coordinate	2767
and approve the scheduling of initial sales of publicly offered	2768
securities of the state and of publicly offered fractionalized	2769
interests in or securitized issues of public obligations of the	2770
state. The director shall from time to time develop and	2771
distribute to state issuers an approved sale schedule for each of	2772
the obligations covered by this division (A) of this section. This	2773
division Division (A) of this section applies only to those	2774
nonconduit obligations on which the state or a state agency is the	2775
direct obligor or obligor on any backup security or related credit	2776
enhancement facility or source of money subject to state	2777
appropriations that is intended for payment of those obligations.	2778

(2) The issuers of obligations pursuant to section 151.03,	2779
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code	2780
shall submit to the director:	2781

(a) For review and approval: the projected sale date,	2782
amount, and type of obligations proposed to be sold; their	2783
purpose, security, and source of payment; and the proposed	2784
structure and maturity schedule;	2785

(b) For review and comment: the authorizing order or	2786
resolution; preliminary and final offering documents; method of	2787
sale; preliminary and final pricing information; and any written	2788
reports or recommendations of financial advisors or consultants	2789
relating to those obligations;	2790

(c) Promptly after each sale of those obligations: final	2791
terms, including sale price, maturity schedule and yields, and	2792
sources and uses; names of the original purchasers or	2793
underwriters; a copy of the final offering document and of the	2794
transcript of proceedings; and any other pertinent information	2795
requested by the director.	2796

(3) The issuer of obligations pursuant to section 151.06 or	2797
151.08 or Chapter 154. or 3318. of the Revised Code shall submit	2798
to the director:	2799

(a) For review and mutual agreement: the projected sale	2800
date, amount, and type of obligations proposed to be sold; their	2801
purpose, security, and source of payment; and the proposed	2802
structure and maturity schedule;	2803

(b) For review and comment: the authorizing order or	2804
resolution; preliminary and final offering documents; method of	2805
sale; preliminary and final pricing information; and any written	2806
reports or recommendations of financial advisors or consultants	2807
relating to those obligations;	2808

(c) Promptly after each sale of those obligations: final	2809
terms, including sale price, maturity schedule and yields, and	2810
sources and uses; names of the original purchasers or	2811
underwriters; a copy of the final offering document and of the	2812
transcript of proceedings; and any other pertinent information	2813
requested by the director.	2814

(4) The issuers of obligations pursuant to Chapter 166.,	2815
4981., 5540., or 6121., or section 5531.10, of the Revised Code	2816
shall submit to the director:	2817

(a) For review and comment: the projected sale date, amount,	2818
and type of obligations proposed to be sold; the purpose,	2819
security, and source of payment; and preliminary and final	2820
offering documents;	2821

(b) Promptly after each sale of those obligations: final	2822
terms, including a maturity schedule; names of the original	2823
purchasers or underwriters; a copy of the complete continuing	2824
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	2825
rule as from time to time in effect; and any other pertinent	2826
information requested by the director.	2827

(5) Not later than thirty days after the end of a fiscal	2828
year, each issuer of obligations subject to divisions (A) and (B)	2829
of this section shall submit to the director and to the treasurer	2830
of state a sale plan for the then current fiscal year for each	2831
type of obligation, projecting the amount and term of each	2832
issuance, the method of sale, and the month of sale.	2833

(B) Issuers of obligations pursuant to section 3318.085 or	2834
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,	2835
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of	2836
securities issued pursuant to Chapter 165. of the Revised Code	2837
other than a county or municipal corporation, shall submit to the	2838
director copies of the preliminary and final offering documents	2839
upon their availability if not previously submitted pursuant to	2840
division (A) of this section.	2841

(C) Not later than the first day of January of each year,	2842
every state agency obligated to make payments on outstanding	2843
public obligations with respect to which fractionalized interests	2844
have been publicly issued, such as certificates of participation,	2845
shall submit a report to the director of the amounts payable from	2846
state appropriations under those public obligations during the	2847
then current and next two fiscal years, identifying the	2848
appropriation or intended appropriation from which payment is	2849
expected to be made.	2850

(D)(1) Information relating generally to the historic,	2851
current, or future demographics or economy or financial condition	2852
or funds or general operations of the state, and descriptions of	2853
any state contractual obligations relating to public obligations,	2854
to be contained in any offering document, continuing disclosure	2855
document, or written presentation prepared, approved, or provided,	2856
or committed to be provided, by an issuer in connection with the	2857
original issuance and sale of, or rating, remarketing, or credit	2858
enhancement facilities relating to, public obligations referred to	2859
in division (A) of this section shall be approved as to format and	2860
accuracy by the director before being presented, published, or	2861
disseminated in preliminary, draft, or final form, or publicly	2862
filed in paper, electronic, or other format.	2863

(2) Except for information described in division (D)(1) of	2864
this section that is to be contained in an offering document,	2865
continuing disclosure document, or written presentation, division	2866
(D)(1) of this section does not inhibit direct communication	2867
between an issuer and a rating agency, remarketing agent, or	2868
credit enhancement provider concerning an issuance of public	2869
obligations referred to in division (A) of this section or matters	2870
associated with that issuance.	2871

(3) The materials approved and provided pursuant to division	2872
(D) of this section are the information relating to the particular	2873
subjects provided by the state or state agencies that are required	2874
or contemplated by any applicable state or federal securities laws	2875
and any commitments by the state or state agencies made under	2876
those laws. Reliance for the purpose should not be placed on any	2877
other information publicly provided, in any format including	2878
electronic, by any state agency for other purposes, including	2879
general information provided to the public or to portions of the	2880
public. A statement to that effect shall be included in those	2881
materials so approved or provided.	2882

(E) Issuers of obligations referred to in division (A) of	2883
this section may take steps, by formal agreement, covenants in the	2884
proceedings, or otherwise, as may be necessary or appropriate to	2885
comply or permit compliance with applicable lawful disclosure	2886
requirements relating to those obligations, and may, subject to	2887
division (D) of this section, provide, make available, or file	2888
copies of any required disclosure materials as necessary or	2889
appropriate. Any such formal agreement or covenant relating to	2890
subjects referred to in division (D) of this section, and any	2891
description of that agreement or covenant to be contained in any	2892
offering document, shall be approved by the director before being	2893
entered into or published or publicly disseminated in preliminary,	2894
draft, or final form or publicly filed in paper, electronic, or	2895
other format. The director shall be responsible for making all	2896
filings in compliance with those requirements relating to direct	2897
obligations of the state, including fractionalized interests in	2898
those obligations.	2899

(F) No state agency or official shall, without the approval	2900
of the director of budget and management, do either of the	2901
following:	2902

(1) Enter into or commit to enter into a public obligation	2903
under which fractionalized interests in the payments are to be	2904
publicly offered, which payments are anticipated to be made from	2905
money from any source appropriated or to be appropriated by the	2906
general assembly or in which the provision stated in section 9.94	2907
of the Revised Code is not included;	2908

(2) Except as otherwise expressly authorized for the purpose	2909
by law, agree or commit to provide, from money from any source to	2910
be appropriated in the future by the general assembly, financial	2911
assistance to or participation in the costs of capital facilities,	2912
or the payment of debt charges, directly or by way of a credit	2913
enhancement facility, a reserve, rental payments, or otherwise, on	2914
obligations issued to pay costs of capital facilities.	2915

(G) As used in this section, "credit enhancement	2916
facilities," "debt charges," "fractionalized interests in public	2917
obligations," "obligor," "public issuer," and "securities" have	2918
the same meanings as in section 133.01 of the Revised Code;	2919
"public obligation" has the same meaning as in division (GG)(2) of	2920
section 133.01 of the Revised Code; "obligations" means securities	2921
or public obligations or fractionalized interests in them;	2922
"issuers" means issuers of securities or state obligors on public	2923
obligations; "offering document" means an official statement,	2924
offering circular, private placement memorandum, or prospectus, or	2925
similar document; and "director" means the director of budget and	2926
management or the employee of the office of budget and management	2927
designated by the director for the purpose.	2928

Sec. 126.21.  (A) The director of budget and management	2929
shall do all of the following:	2930

(1) Keep all necessary accounting records;

2931

(2) Prescribe and maintain the accounting system of the	2932
state and establish appropriate accounting procedures and charts	2933
of accounts;	2934

(3) Establish procedures for the use of written, electronic,	2935
optical, or other communications media for approving payment	2936
vouchers;	2937

(4) Reconcile, in the case of any variation between the	2938
amount of any appropriation and the aggregate amount of items of	2939
the appropriation, with the advice and assistance of the state	2940
agency affected by it and the legislative budget office of the	2941
legislative service commission, totals so as to correspond in the	2942
aggregate with the total appropriation. In the case of a conflict	2943
between the item and the total of which it is a part, the item	2944
shall be considered the intended appropriation.	2945

(5) Evaluate on an ongoing basis and, if necessary,	2946
recommend improvements to the internal controls used in state	2947
agencies;	2948

(6) Authorize the establishment of petty cash accounts. The	2949
director of budget and management may withdraw approval for any	2950
petty cash account and require the officer in charge to return to	2951
the state treasury any unexpended balance shown by the officer's	2952
accounts to be on hand. Any officer who is issued a warrant for	2953
petty cash shall render a detailed account of the expenditures of	2954
the petty cash and shall report when requested the balance of	2955
petty cash on hand at any time.	2956

(7) Process orders, invoices, vouchers, claims, and payrolls	2957
and prepare financial reports and statements;	2958

(8) Perform extensions, reviews, and compliance checks prior	2959
to approving a payment as the director considers necessary;	2960

(9) Issue the official comprehensive annual financial report	2961
of the state. The report shall cover all funds and account groups	2962
of the state reporting entity and shall include general purpose	2963
basic financial statements and required supplementary information	2964
prepared in accordance with generally accepted accounting	2965
principles and other information as the director provides. All	2966
state agencies, authorities, institutions, offices, retirement	2967
systems, and other component units of the state reporting entity	2968
as determined by the director shall furnish the director whatever	2969
financial statements and other information the director requests	2970
for the report, in the form, at the times, covering the periods,	2971
and with the attestation the director prescribes. The information	2972
for state institutions of higher education, as defined in section	2973
3345.011 of the Revised Code, shall be submitted to the director	2974
by the Ohio board of regents. The board shall establish a due	2975
date by which each such institution shall submit the information	2976
to the board, but no such date shall be later than one hundred	2977
twenty days after the end of the state fiscal year unless a later	2978
date is approved by the director.	2979

(B) In addition to the director's duties under division (A)	2980
of this section, the director of budget and management may	2981
establish and administer one or more state payment card programs	2982
that permit or require state agencies to use a payment card to	2983
purchase equipment, materials, supplies, or services in accordance	2984
with guidelines issued by the director. The director may contract	2985
with one or more vendors to provide the payment cards and payment	2986
card services. State agencies may only participate in state	2987
payment card programs that the director establishes pursuant to	2988
this section.	2989

Sec. 127.16.  (A) Upon the request of either a state agency	2990
or the director of budget and management and after the controlling	2991
board determines that an emergency or a sufficient economic reason	2992
exists, the controlling board may approve the making of a purchase	2993
without competitive selection as provided in division (B) of this	2994
section.	2995

(B) Except as otherwise provided in this section, no state	2996
agency, using money that has been appropriated to it directly,	2997
shall:	2998

(1) Make any purchase from a particular supplier, that would	2999
amount to fifty thousand dollars or more when combined with both	3000
the amount of all disbursements to the supplier during the fiscal	3001
year for purchases made by the agency and the amount of all	3002
outstanding encumbrances for purchases made by the agency from the	3003
supplier, unless the purchase is made by competitive selection or	3004
with the approval of the controlling board;	3005

(2) Lease real estate from a particular supplier, if the	3006
lease would amount to seventy-five thousand dollars or more when	3007
combined with both the amount of all disbursements to the supplier	3008
during the fiscal year for real estate leases made by the agency	3009
and the amount of all outstanding encumbrances for real estate	3010
leases made by the agency from the supplier, unless the lease is	3011
made by competitive selection or with the approval of the	3012
controlling board.	3013

(C) Any person who authorizes a purchase in violation of	3014
division (B) of this section shall be liable to the state for any	3015
state funds spent on the purchase, and the attorney general shall	3016
collect the amount from the person.	3017

(D) Nothing in division (B) of this section shall be	3018
construed as:	3019

(1) A limitation upon the authority of the director of	3020
transportation as granted in sections 5501.17, 5517.02, and	3021
5525.14 of the Revised Code;	3022

(2) Applying to medicaid provider agreements under Chapter	3023
5111. of the Revised Code or payments or provider agreements under	3024
disability assistance medical assistance established under Chapter	3025
5115. of the Revised Code;	3026

(3) Applying to the purchase of examinations from a sole	3027
supplier by a state licensing board under Title XLVII of the	3028
Revised Code;	3029

(4) Applying to entertainment contracts for the Ohio state	3030
fair entered into by the Ohio expositions commission, provided	3031
that the controlling board has given its approval to the	3032
commission to enter into such contracts and has approved a total	3033
budget amount for such contracts as agreed upon by commission	3034
action, and that the commission causes to be kept itemized records	3035
of the amounts of money spent under each contract and annually	3036
files those records with the clerk of the house of representatives	3037
and the clerk of the senate following the close of the fair;	3038

(5) Limiting the authority of the chief of the division of	3039
mineral resources management to contract for reclamation work with	3040
an operator mining adjacent land as provided in section 1513.27 of	3041
the Revised Code;	3042

(6) Applying to investment transactions and procedures of	3043
any state agency, except that the agency shall file with the board	3044
the name of any person with whom the agency contracts to make,	3045
broker, service, or otherwise manage its investments, as well as	3046
the commission, rate, or schedule of charges of such person with	3047
respect to any investment transactions to be undertaken on behalf	3048
of the agency. The filing shall be in a form and at such times as	3049
the board considers appropriate.	3050

(7) Applying to purchases made with money for the per cent	3051
for arts program established by section 3379.10 of the Revised	3052
Code;	3053

(8) Applying to purchases made by the rehabilitation	3054
services commission of services, or supplies, that are provided to	3055
persons with disabilities, or to purchases made by the commission	3056
in connection with the eligibility determinations it makes for	3057
applicants of programs administered by the social security	3058
administration;	3059

(9) Applying to payments by the department of job and family	3060
services under section 5111.13 of the Revised Code for group	3061
health plan premiums, deductibles, coinsurance, and other	3062
cost-sharing expenses;	3063

(10) Applying to any agency of the legislative branch of the	3064
state government;	3065

(11) Applying to agreements or contracts entered into under	3066
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	3067

(12) Applying to purchases of services by the adult parole	3068
authority under section 2967.14 of the Revised Code or by the	3069
department of youth services under section 5139.08 of the Revised	3070
Code;	3071

(13) Applying to dues or fees paid for membership in an	3072
organization or association;	3073

(14) Applying to purchases of utility services pursuant to	3074
section 9.30 of the Revised Code;	3075

(15) Applying to purchases made in accordance with rules	3076
adopted by the department of administrative services of motor	3077
vehicle, aviation, or watercraft fuel, or emergency repairs of	3078
such vehicles;	3079

(16) Applying to purchases of tickets for passenger air	3080
transportation;	3081

(17) Applying to purchases necessary to provide public	3082
notifications required by law or to provide notifications of job	3083
openings;	3084

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

3085

(19) Applying to purchases of liquor for resale by the	3086
division of liquor control;	3087

(20) Applying to purchases of motor courier and freight	3088
services made in accordance with department of administrative	3089
services rules;	3090

(21) Applying to purchases from the United States postal	3091
service and purchases of stamps and postal meter replenishment	3092
from vendors at rates established by the United States postal	3093
service;	3094

(22) Applying to purchases of books, periodicals, pamphlets,	3095
newspapers, maintenance subscriptions, and other published	3096
materials;	3097

(23) Applying to purchases from other state agencies,	3098
including state-assisted institutions of higher education;	3099

(24) Limiting the authority of the director of environmental	3100
protection to enter into contracts under division (D) of section	3101
3745.14 of the Revised Code to conduct compliance reviews, as	3102
defined in division (A) of that section;	3103

(25) Applying to purchases from a qualified nonprofit agency	3104
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	3105

(26) Applying to payments by the department of job and	3106
family services to the United States department of health and	3107
human services for printing and mailing notices pertaining to the	3108
tax refund offset program of the internal revenue service of the	3109
United States department of the treasury;	3110

(27) Applying to contracts entered into by the department of	3111
mental retardation and developmental disabilities under sections	3112
5123.18, 5123.182, and 5111.252 of the Revised Code;	3113

(28) Applying to payments made by the department of mental	3114
health under a physician recruitment program authorized by section	3115
5119.101 of the Revised Code;	3116

(29) Applying to contracts entered into with persons by the	3117
director of commerce for unclaimed funds collection and remittance	3118
efforts as provided in division (F) of section 169.03 of the	3119
Revised Code. The director shall keep an itemized accounting of	3120
unclaimed funds collected by those persons and amounts paid to	3121
them for their services.	3122

(30) Applying to purchases made by a state institution of	3123
higher education in accordance with the terms of a contract	3124
between the vendor and an inter-university purchasing group	3125
comprised of purchasing officers of state institutions of higher	3126
education;	3127

(31) Applying to the department of job and family services'	3128
purchases of health assistance services under the children's	3129
health insurance program part I provided for under section 5101.50	3130
of the Revised Code or the children's health insurance program	3131
part II provided for under section 5101.51 of the Revised Code;	3132

(32) Applying to payments by the attorney general from the	3133
reparations fund to hospitals and other emergency medical	3134
facilities for performing medical examinations to collect physical	3135
evidence pursuant to section 2907.28 of the Revised Code.	3136

(E) Notwithstanding division (B)(1) of this section, the	3137
cumulative purchase threshold shall be seventy-five thousand	3138
dollars for the departments of mental retardation and	3139
developmental disabilities, mental health, rehabilitation and	3140
correction, and youth services.	3141

(F) When determining whether a state agency has reached the	3142
cumulative purchase thresholds established in divisions (B)(1),	3143
(B)(2), and (E) of this section, all of the following purchases by	3144
such agency shall not be considered:	3145

(1) Purchases made through competitive selection or with	3146
controlling board approval;	3147

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

3148

(3) For the purposes of the thresholds of divisions (B)(1)	3149
and (E) of this section only, leases of real estate.	3150

(G) As used in this section, "competitive selection,"	3151
"purchase," "supplies," and "services" have the same meanings as	3152
in section 125.01 of the Revised Code.	3153

Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,	3154
125., 126., 127., and 131. of the Revised Code, and any statute	3155
that uses the terms in connection with state accounting or	3156
budgeting:	3157

(A) "Account" means any record, element, or summary in which	3158
financial transactions are identified and recorded as debit or	3159
credit transactions in order to summarize items of a similar	3160
nature or classification.	3161

(B) "Accounting procedure" means the arrangement of all	3162
processes which discover, record, and summarize financial	3163
information to produce financial statements and reports and to	3164
provide internal control.	3165

(C) "Accounting system" means the total structure of records	3166
and procedures which discover, record, classify, and report	3167
information on the financial position and operations of a	3168
governmental unit or any of its funds, balanced account groups,	3169
and organizational components.	3170

(D) "Allocation" means a portion of an appropriation which is	3171
designated for expenditure by specific organizational units or for	3172
special purposes, activities, or objects that do not relate to a	3173
period of time.	3174

(E) "Allotment" means all or part of an appropriation which	3175
may be encumbered or expended within a specific period of time.	3176

(F) "Appropriation" means an authorization granted by the	3177
general assembly to make expenditures and to incur obligations for	3178
specific purposes.	3179

(G) "Assets" means resources owned, controlled, or otherwise	3180
used or held by the state which have monetary value.	3181

(H) "Budget" means the plan of financial operation embodying	3182
an estimate of proposed expenditures and obligations for a given	3183
period and the proposed means of financing them.	3184

(I) "Direct deposit" is a form of electronic funds transfer	3185
in which money is electronically deposited into the account of a	3186
person or entity at a financial institution.	3187

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

3188

(K) "Electronic benefit transfer" means the electronic	3189
delivery of benefits through automated teller machines, point of	3190
sale terminals, or other electronic media pursuant to section	3191
5101.33 of the Revised Code.	3192

(L) "Electronic funds transfer" means the electronic movement	3193
of funds via automated clearing house or wire transfer.	3194

(M) "Encumbrancing document" means a document reserving all	3195
or part of an appropriation.	3196

(N) "Expenditure" means a reduction of the balance of an	3197
appropriation after legal requirements have been met.	3198

(O) "Fund" means an independent fiscal and accounting entity	3199
with a self-balancing set of accounts recording cash or other	3200
resources, together with all related liabilities, obligations,	3201
reserves, and fund balances which are segregated for the purpose	3202
of carrying on specific activities or attaining certain objectives	3203
in accordance with special rules, restrictions, or limitations.	3204

(P) "Lapse" means the automatic termination of an	3205
appropriation at the end of the fiscal period for which it was	3206
appropriated.	3207

(Q) "Reappropriation" means an appropriation of a previous	3208
appropriation that is continued in force in a succeeding	3209
appropriation period. "Reappropriation" shall be equated with and	3210
incorporated in the term "appropriation."	3211

(R) "Voucher" means the document used to transmit a claim for	3212
payment and evidentiary matter related to the claim.	3213

(S) "Warrant" means an order drawn upon the treasurer of	3214
state by the auditor of state directing the treasurer of state to	3215
pay a specified amount, including an order to make a lump-sum	3216
payment to a financial institution for the transfer of funds by	3217
direct deposit or the drawdown of funds by electronic benefit	3218
transfer, and the resulting electronic transfer to or by the	3219
ultimate payees.	3220

The terms defined in this section shall be used, on all	3221
accounting forms, reports, formal rules, and budget requests	3222
produced by a state agency, only as defined in this section.	3223

Sec. 133.021.  The general assembly hereby finds and declares	3224
that the "Tax Reform Act of 1986" (the "Act") establishes a	3225
unified volume ceiling on the aggregate amount of private activity	3226
bonds which can be issued in each state. The unified volume	3227
ceiling is the product of seventy-five dollars multiplied by the	3228
state population in 1987 and fifty dollars multiplied by the state	3229
population in each succeeding calendar year.	3230

The general assembly further finds and declares that the Act	3231
requires the state to allocate its volume ceiling according to a	3232
specified formula unless a different procedure is established by	3233
the governor or general assembly.	3234

The general assembly further finds and declares that pursuant	3235
to authorization of state legislation the general assembly has, by	3236
division (D)(3) of section 133.02 of the Revised Code, effective	3237
October 30, 1989, provided for delegating such function to the	3238
governor and for further delegation as therein provided, subject	3239
to such prospectively effective actions as may subsequently be	3240
taken by the general assembly.	3241

The general assembly further finds and declares that it	3242
desires to by legislation provide for an efficient, effective, and	3243
equitable procedure under which the state will allocate the	3244
unified volume ceiling.	3245

The general assembly therefore finds and declares that it is	3246
necessary to create the joint select committee on volume cap to	3247
create a process for the allocation of the unified volume ceiling.	3248

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	3249
Revenue Code, which provides that a state may by law provide a	3250
different formula for allocating the state ceiling, there is	3251
hereby created the joint select committee on volume cap to provide	3252
for the allocation and the reallocation of the unified volume	3253
ceiling among the governmental units (or other authorities) in the	3254
state having authority to issue tax exempt private activity bonds.	3255

(B) The committee shall consist of eight members. Two	3256
members shall be from the house of representatives appointed by	3257
the speaker of the house of representatives; two members shall be	3258
from the senate appointed by the president of the senate; and four	3259
members shall be appointed by the governor. Each member shall be	3260
selected for his or her the member's knowledge and experience in	3261
tax exempt private activity bonds. The members shall serve at the	3262
pleasure of the appointing authority. A vacancy shall be filled	3263
in the same manner as the original appointment.	3264

(C) The purpose of the committee shall be to maximize the	3265
economic benefits of the unified volume ceiling to all citizens of	3266
the state. To this end, the joint select committee on volume cap	3267
shall:	3268

(1) Annually, survey the governmental units (or other	3269
authorities) in the state having authority to issue tax exempt	3270
private activity bonds concerning:	3271

(a) The amount of tax exempt private activity bonds issued	3272
for the previous calendar year; and	3273

(b) The amount requested for the calendar year allocation	3274
currently under consideration.	3275

(2) Set forth procedures for making allocations,	3276
reallocation and carry forward of the state's unified volume	3277
ceiling in accordance with the Act;	3278

(3)(2) Develop strategies for allocating and reallocating	3279
the unified volume ceiling which are designed to maximize the	3280
availability of tax exempt private activity bonds among competing	3281
sectors of the state.	3282

(D) To provide for the orderly and prompt issuance of	3283
private activity bonds, the committee is authorized to allocate	3284
the unified volume ceiling among those governmental units (or	3285
other authorities) in the state having authority to issue tax	3286
exempt private activity bonds. The committee shall reserve a	3287
portion of the unified volume ceiling to be allocated for	3288
multi-family rental housing projects. The committee in	3289
determination of unified volume ceiling allocations and	3290
reallocations shall consider the following:	3291

(1) The interest of the state with regard to long-term	3292
economic development, housing, education, redevelopment, and solid	3293
waste management;	3294

(2) The projected increase of jobs in the state;

3295

(3) The needs of political subdivisions.

3296

(E) The director of development shall adopt rules in	3297
accordance with Chapter 119. of the Revised Code to carry out the	3298
purposes of this section.	3299

Sec. 133.06.  (A) A school district shall not incur, without	3300
a vote of the electors, net indebtedness that exceeds an amount	3301
equal to one-tenth of one per cent of its tax valuation, except as	3302
provided in divisions (G) and (H) of this section and in division	3303
(C) of section 3313.372 of the Revised Code, or as prescribed in	3304
section 3318.052 of the Revised Code.	3305

(B) Except as provided in divisions (E) and, (F), and (I) of	3306
this section, a school district shall not incur net indebtedness	3307
that exceeds an amount equal to nine per cent of its tax	3308
valuation.	3309

(C) A school district shall not submit to a vote of the	3310
electors the question of the issuance of securities in an amount	3311
that will make the district's net indebtedness after the issuance	3312
of the securities exceed an amount equal to four per cent of its	3313
tax valuation, unless the superintendent of public instruction,	3314
acting under policies adopted by the state board of education, and	3315
the tax commissioner, acting under written policies of the	3316
commissioner, consent to the submission. A request for the	3317
consents shall be made at least thirty days prior to the election	3318
at which the question is to be submitted, except that the	3319
superintendent of public instruction and the tax commissioner may	3320
waive this thirty-day deadline or grant their consents after the	3321
election if the school district shows good cause for such waiver	3322
or consent after the election.	3323

(D) In calculating the net indebtedness of a school	3324
district, none of the following shall be considered:	3325

(1) Securities issued to acquire school buses and other	3326
equipment used in transporting pupils or issued pursuant to	3327
division (D) of section 133.10 of the Revised Code;	3328

(2) Securities issued under division (F) of this section,	3329
under section 133.301 of the Revised Code, and, to the extent in	3330
excess of the limitation stated in division (B) of this section,	3331
under division (E) of this section;	3332

(3) Indebtedness resulting from the dissolution of a joint	3333
vocational school district under section 3311.217 of the Revised	3334
Code, evidenced by outstanding securities of that joint vocational	3335
school district;	3336

(4) Loans, evidenced by any securities, received under	3337
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	3338
Revised Code;	3339

(5) Debt incurred under section 3313.374 of the Revised	3340
Code;	3341

(6) Debt incurred pursuant to division (B)(5) of section	3342
3313.37 of the Revised Code to acquire computers and related	3343
hardware;	3344

(7) Debt incurred under section 3318.041 of the Revised	3345
Code.	3346

(E) A school district may become a special needs district as	3347
to certain securities as provided in division (E) of this section.	3348

(1) A board of education, by resolution, may declare its	3349
school district to be a special needs district by determining both	3350
of the following:	3351

(a) The student population is not being adequately serviced	3352
by the existing permanent improvements of the district.	3353

(b) The district cannot obtain sufficient funds by the	3354
issuance of securities within the limitation of division (B) of	3355
this section to provide additional or improved needed permanent	3356
improvements in time to meet the needs.	3357

(2) The board of education shall certify a copy of that	3358
resolution to the superintendent of public instruction with a	3359
statistical report showing all of the following:	3360

(a) A history of and a projection of the growth of the	3361
student population;	3362

(b) The history of and a projection of the growth of the tax	3363
valuation;	3364

(c) The projected needs;

3365

(d) The estimated cost of permanent improvements proposed to	3366
meet such projected needs.	3367

(3) The superintendent of public instruction shall certify	3368
the district as an approved special needs district if the	3369
superintendent finds both of the following:	3370

(a) The district does not have available sufficient	3371
additional funds from state or federal sources to meet the	3372
projected needs.	3373

(b) The projection of the potential average growth of tax	3374
valuation during the next five years, according to the information	3375
certified to the superintendent and any other information the	3376
superintendent obtains, indicates a likelihood of potential	3377
average growth of tax valuation of the district during the next	3378
five years of an average of not less than three per cent per year.	3379
The findings and certification of the superintendent shall be	3380
conclusive.	3381

(4) An approved special needs district may incur net	3382
indebtedness by the issuance of securities in accordance with the	3383
provisions of this chapter in an amount that does not exceed an	3384
amount equal to the greater of the following:	3385

(a) Nine per cent of the sum of its tax valuation plus an	3386
amount that is the product of multiplying that tax valuation by	3387
the percentage by which the tax valuation has increased over the	3388
tax valuation on the first day of the sixtieth month preceding the	3389
month in which its board determines to submit to the electors the	3390
question of issuing the proposed securities;	3391

(b) Nine per cent of the sum of its tax valuation plus an	3392
amount that is the product of multiplying that tax valuation by	3393
the percentage, determined by the superintendent of public	3394
instruction, by which that tax valuation is projected to increase	3395
during the next ten years.	3396

(F) A school district may issue securities for emergency	3397
purposes, in a principal amount that does not exceed an amount	3398
equal to three per cent of its tax valuation, as provided in this	3399
division.	3400

(1) A board of education, by resolution, may declare an	3401
emergency if it determines both of the following:	3402

(a) School buildings or other necessary school facilities in	3403
the district have been wholly or partially destroyed, or condemned	3404
by a constituted public authority, or that such buildings or	3405
facilities are partially constructed, or so constructed or planned	3406
as to require additions and improvements to them before the	3407
buildings or facilities are usable for their intended purpose, or	3408
that corrections to permanent improvements are necessary to remove	3409
or prevent health or safety hazards.	3410

(b) Existing fiscal and net indebtedness limitations make	3411
adequate replacement, additions, or improvements impossible.	3412

(2) Upon the declaration of an emergency, the board of	3413
education may, by resolution, submit to the electors of the	3414
district pursuant to section 133.18 of the Revised Code the	3415
question of issuing securities for the purpose of paying the cost,	3416
in excess of any insurance or condemnation proceeds received by	3417
the district, of permanent improvements to respond to the	3418
emergency need.	3419

(3) The procedures for the election shall be as provided in	3420
section 133.18 of the Revised Code, except that:	3421

(a) The form of the ballot shall describe the emergency	3422
existing, refer to this division as the authority under which the	3423
emergency is declared, and state that the amount of the proposed	3424
securities exceeds the limitations prescribed by division (B) of	3425
this section;	3426

(b) The resolution required by division (B) of section	3427
133.18 of the Revised Code shall be certified to the county	3428
auditor and the board of elections at least seventy-five days	3429
prior to the election;	3430

(c) The county auditor shall advise and, not later than	3431
sixty-five days before the election, confirm that advice by	3432
certification to, the board of education of the information	3433
required by division (C) of section 133.18 of the Revised Code;	3434

(d) The board of education shall then certify its resolution	3435
and the information required by division (D) of section 133.18 of	3436
the Revised Code to the board of elections not less than sixty	3437
days prior to the election.	3438

(4) Notwithstanding division (B) of section 133.21 of the	3439
Revised Code, the first principal payment of securities issued	3440
under this division may be set at any date not later than sixty	3441
months after the earliest possible principal payment otherwise	3442
provided for in that division.	3443

(G) The board of education may contract with an architect,	3444
professional engineer, or other person experienced in the design	3445
and implementation of energy conservation measures for an analysis	3446
and recommendations pertaining to installations, modifications of	3447
installations, or remodeling that would significantly reduce	3448
energy consumption in buildings owned by the district. The report	3449
shall include estimates of all costs of such installations,	3450
modifications, or remodeling, including costs of design,	3451
engineering, installation, maintenance, repairs, and debt service,	3452
and estimates of the amounts by which energy consumption and	3453
resultant operational and maintenance costs, as defined by the	3454
Ohio school facilities commission, would be reduced.	3455

If the board finds after receiving the report that the amount	3456
of money the district would spend on such installations,	3457
modifications, or remodeling is not likely to exceed the amount of	3458
money it would save in energy and resultant operational and	3459
maintenance costs over the ensuing fifteen years, the board may	3460
submit to the commission a copy of its findings and a request for	3461
approval to incur indebtedness to finance the making or	3462
modification of installations or the remodeling of buildings for	3463
the purpose of significantly reducing energy consumption.	3464

If the commission determines that the board's findings are	3465
reasonable, it shall approve the board's request. Upon receipt of	3466
the commission's approval, the district may issue securities	3467
without a vote of the electors in a principal amount not to exceed	3468
nine-tenths of one per cent of its tax valuation for the purpose	3469
of making such installations, modifications, or remodeling, but	3470
the total net indebtedness of the district without a vote of the	3471
electors incurred under this and all other sections of the Revised	3472
Code shall not exceed one per cent of the district's tax	3473
valuation.	3474

So long as any securities issued under division (G) of this	3475
section remain outstanding, the board of education shall monitor	3476
the energy consumption and resultant operational and maintenance	3477
costs of buildings in which installations or modifications have	3478
been made or remodeling has been done pursuant to division (G) of	3479
this section and shall maintain and annually update a report	3480
documenting the reductions in energy consumption and resultant	3481
operational and maintenance cost savings attributable to such	3482
installations, modifications, or remodeling. The report shall be	3483
certified by an architect or engineer independent of any person	3484
that provided goods or services to the board in connection with	3485
the energy conservation measures that are the subject of the	3486
report. The resultant operational and maintenance cost savings	3487
shall be certified by the school district treasurer. The report	3488
shall be made available to the commission upon request.	3489

(H) With the consent of the superintendent of public	3490
instruction, a school district may incur without a vote of the	3491
electors net indebtedness that exceeds the amounts stated in	3492
divisions (A) and (G) of this section for the purpose of paying	3493
costs of permanent improvements, if and to the extent that both of	3494
the following conditions are satisfied:	3495

(1) The fiscal officer of the school district estimates that	3496
receipts of the school district from payments made under or	3497
pursuant to agreements entered into pursuant to section 725.02,	3498
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	3499
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	3500
Code, or distributions under division (C) of section 5709.43 of	3501
the Revised Code, or any combination thereof, are, after	3502
accounting for any appropriate coverage requirements, sufficient	3503
in time and amount, and are committed by the proceedings, to pay	3504
the debt charges on the securities issued to evidence that	3505
indebtedness and payable from those receipts, and the taxing	3506
authority of the district confirms the fiscal officer's estimate,	3507
which confirmation is approved by the superintendent of public	3508
instruction;	3509

(2) The fiscal officer of the school district certifies, and	3510
the taxing authority of the district confirms, that the district,	3511
at the time of the certification and confirmation, reasonably	3512
expects to have sufficient revenue available for the purpose of	3513
operating such permanent improvements for their intended purpose	3514
upon acquisition or completion thereof, and the superintendent of	3515
public instruction approves the taxing authority's confirmation.	3516

The maximum maturity of securities issued under division (H)	3517
of this section shall be the lesser of twenty years or the maximum	3518
maturity calculated under section 133.20 of the Revised Code.	3519

(I) A school district may incur net indebtedness by the	3520
issuance of securities in accordance with the provisions of this	3521
chapter in excess of the limit specified in division (B) of this	3522
section when necessary to raise the school district portion of the	3523
basic project cost pursuant to Chapter 3318. of the Revised Code.	3524
The school facilities commission shall notify the superintendent	3525
of public instruction whenever a school district will exceed the	3526
nine per cent limit pursuant to this division.	3527

Sec. 133.07.  (A) A county shall not incur, without a vote	3528
of the electors, either of the following:	3529

(1) Net indebtedness for all purposes that exceeds an amount	3530
equal to one per cent of its tax valuation;	3531

(2) Net indebtedness for the purpose of paying the county's	3532
share of the cost of the construction, improvement, maintenance,	3533
or repair of state highways that exceeds an amount equal to	3534
one-half of one per cent of its tax valuation.	3535

(B) A county shall not incur total net indebtedness that	3536
exceeds an amount equal to one of the following limitations that	3537
applies to the county:	3538

(1) A county with a valuation not exceeding one hundred	3539
million dollars, three per cent of that tax valuation;	3540

(2) A county with a tax valuation exceeding one hundred	3541
million dollars but not exceeding three hundred million dollars,	3542
three million dollars plus one and one-half per cent of that tax	3543
valuation in excess of one hundred million dollars;	3544

(3) A county with a tax valuation exceeding three hundred	3545
million dollars, six million dollars plus two and one-half per	3546
cent of that tax valuation in excess of three hundred million	3547
dollars.	3548

(C) In calculating the net indebtedness of a county, none of	3549
the following securities shall be considered:	3550

(1) Securities described in section 307.201 of the Revised	3551
Code;	3552

(2) Self-supporting securities issued for any purposes,	3553
including, but not limited to, any of the following general	3554
purposes:	3555

(a) Water systems or facilities;

3556

(b) Sanitary sewerage systems or facilities, or surface and	3557
storm water drainage and sewerage systems or facilities, or a	3558
combination of those systems or facilities;	3559

(c) County or joint county scrap tire collection, storage,	3560
monocell, monofill, or recovery facilities, or any combination of	3561
those facilities;	3562

(d) Off-street parking lots, facilities, or buildings, or	3563
on-street parking facilities, or any combination of off-street and	3564
on-street parking facilities;	3565

(e) Facilities for the care or treatment of the sick or	3566
infirm, and for housing the persons providing that care or	3567
treatment and their families;	3568

(f) Recreational, sports, convention, auditorium, museum,	3569
trade show, and other public attraction facilities;	3570

(g) Facilities for natural resources exploration,	3571
development, recovery, use, and sale;	3572

(h) Correctional and detention facilities and related	3573
rehabilitation facilities.	3574

(3) Securities issued for the purpose of purchasing,	3575
constructing, improving, or extending water or sanitary or surface	3576
and storm water sewerage systems or facilities, or a combination	3577
of those systems or facilities, to the extent that an agreement	3578
entered into with another subdivision requires the other	3579
subdivision to pay to the county amounts equivalent to debt	3580
charges on the securities;	3581

(4) Voted general obligation securities issued for the	3582
purpose of permanent improvements for sanitary sewerage or water	3583
systems or facilities to the extent that the total principal	3584
amount of voted securities outstanding for the purpose does not	3585
exceed an amount equal to two per cent of the county's tax	3586
valuation;	3587

(5) Securities issued for permanent improvements to house	3588
agencies, departments, boards, or commissions of the county or of	3589
any municipal corporation located, in whole or in part, in the	3590
county, to the extent that the revenues, other than revenues from	3591
unvoted county property taxes, derived from leases or other	3592
agreements between the county and those agencies, departments,	3593
boards, commissions, or municipal corporations relating to the use	3594
of the permanent improvements are sufficient to cover the cost of	3595
all operating expenses of the permanent improvements paid by the	3596
county and debt charges on the securities;	3597

(6) Securities issued pursuant to section 133.08 of the	3598
Revised Code;	3599

(7) Securities issued for the purpose of acquiring or	3600
constructing roads, highways, bridges, or viaducts, for the	3601
purpose of acquiring or making other highway permanent	3602
improvements, or for the purpose of procuring and maintaining	3603
computer systems for the office of the clerk of any	3604
county-operated municipal court, for the office of the clerk of	3605
the court of common pleas, or for the office of the clerk of the	3606
probate, juvenile, or domestic relations division of the court of	3607
common pleas to the extent that the legislation authorizing the	3608
issuance of the securities includes a covenant to appropriate from	3609
moneys distributed to the county pursuant to division (B) of	3610
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	3611
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	3612
sufficient amount to cover debt charges on and financing costs	3613
relating to the securities as they become due;	3614

(8) Securities issued for the purpose of acquiring,	3615
constructing, improving, and equipping a county, multicounty, or	3616
multicounty-municipal jail, workhouse, juvenile detention	3617
facility, or correctional facility;	3618

(9) Securities issued for the acquisition, construction,	3619
equipping, or repair of any permanent improvement or any class or	3620
group of permanent improvements enumerated in a resolution adopted	3621
pursuant to division (D) of section 5739.026 of the Revised Code	3622
to the extent that the legislation authorizing the issuance of the	3623
securities includes a covenant to appropriate from moneys received	3624
from the taxes authorized under section 5739.023 and division	3625
(A)(5) of section 5739.026 of the Revised Code an amount	3626
sufficient to pay debt charges on the securities and those moneys	3627
shall be pledged for that purpose;	3628

(10) Securities issued for county or joint county solid	3629
waste or hazardous waste collection, transfer, or disposal	3630
facilities, or resource recovery and solid or hazardous waste	3631
recycling facilities, or any combination of those facilities;	3632

(11) Securities issued for the acquisition, construction,	3633
and equipping of a port authority educational and cultural	3634
facility under section 307.671 of the Revised Code;	3635

(12) Securities issued for the acquisition, construction,	3636
equipping, and improving of a municipal educational and cultural	3637
facility under division (B)(1) of section 307.672 of the Revised	3638
Code;	3639

(13) Securities issued for energy conservation measures	3640
under section 307.041 of the Revised Code;	3641

(14) Securities issued for the acquisition, construction,	3642
equipping, improving, or repair of a sports facility, including	3643
obligations issued to pay costs of a sports facility under section	3644
307.673 of the Revised Code;	3645

(15) Securities issued under section 755.17 of the Revised	3646
Code if the legislation authorizing issuance of the securities	3647
includes a covenant to appropriate from revenue received from a	3648
tax authorized under division (A)(5) of section 5739.026 and	3649
section 5741.023 of the Revised Code an amount sufficient to pay	3650
debt charges on the securities, and the board of county	3651
commissioners pledges that revenue for that purpose, pursuant to	3652
section 755.171 of the Revised Code;	3653

(16) Sales tax supported bonds issued pursuant to section	3654
133.081 of the Revised Code for the purpose of acquiring,	3655
constructing, improving, or equipping any permanent improvement to	3656
the extent that the legislation authorizing the issuance of the	3657
sales tax supported bonds pledges county sales taxes to the	3658
payment of debt charges on the sales tax supported bonds and	3659
contains a covenant to appropriate from county sales taxes a	3660
sufficient amount to cover debt charges or the financing costs	3661
related to the sales tax supported bonds as they become due.;	3662

(17) Bonds or notes issued under section 133.60 of the	3663
Revised Code if the legislation authorizing issuance of the bonds	3664
or notes includes a covenant to appropriate from revenue received	3665
from a tax authorized under division (A)(9) of section 5739.026	3666
and section 5741.023 of the Revised Code an amount sufficient to	3667
pay the debt charges on the bonds or notes, and the board of	3668
county commissioners pledges that revenue for that purpose.;	3669

(18) Securities issued under section 3707.55 of the Revised	3670
Code for the acquisition of real property by a general health	3671
district;	3672

(19) Securities issued under division (A)(3) of section	3673
3313.37 of the Revised Code for the acquisition of real and	3674
personal property by an educational service center.	3675

(D) In calculating the net indebtedness of a county, no	3676
obligation incurred under division (D) of section 339.06 of the	3677
Revised Code shall be considered.	3678

Sec. 140.01.  As used in this chapter:

3679

(A) "Hospital agency" means any public hospital agency or any	3680
nonprofit hospital agency.	3681

(B) "Public hospital agency" means any county, board of	3682
county hospital trustees established pursuant to section 339.02 of	3683
the Revised Code, county hospital commission established pursuant	3684
to section 339.14 of the Revised Code, municipal corporation, new	3685
community authority organized under Chapter 349. of the Revised	3686
Code, joint township hospital district, state or municipal	3687
university or college operating or authorized to operate a	3688
hospital facility, or the state.	3689

(C) "Nonprofit hospital agency" means a corporation or	3690
association not for profit, no part of the net earnings of which	3691
inures or may lawfully inure to the benefit of any private	3692
shareholder or individual, that has authority to own or operate a	3693
hospital facility or provides or is to provide services to one or	3694
more other hospital agencies.	3695

(D) "Governing body" means, in the case of a county, the	3696
board of county commissioners or other legislative body; in the	3697
case of a board of county hospital trustees, the board; in the	3698
case of a county hospital commission, the commission; in the case	3699
of a municipal corporation, the council or other legislative	3700
authority; in the case of a new community authority, its board of	3701
trustees; in the case of a joint township hospital district, the	3702
joint township district hospital board; in the case of a state or	3703
municipal university or college, its board of trustees or board of	3704
directors; in the case of a nonprofit hospital agency, the board	3705
of trustees or other body having general management thereof of the	3706
agency; and, in the case of the state, the director of development	3707
or the Ohio higher educational facility commission.	3708

(E) "Hospital facilities" means buildings, structures and	3709
other improvements, additions thereto and extensions thereof,	3710
furnishings, equipment, and real estate and interests in real	3711
estate, used or to be used for or in connection with one or more	3712
hospitals, emergency, intensive, intermediate, extended,	3713
long-term, or self-care facilities, diagnostic and treatment and	3714
out-patient facilities, facilities related to programs for home	3715
health services, clinics, laboratories, public health centers,	3716
research facilities, and rehabilitation facilities, for or	3717
pertaining to diagnosis, treatment, care, or rehabilitation of	3718
sick, ill, injured, infirm, impaired, disabled, or handicapped	3719
persons, or the prevention, detection, and control of disease, and	3720
also includes education, training, and food service facilities for	3721
health professions personnel, housing facilities for such	3722
personnel and their families, and parking and service facilities	3723
in connection with any of the foregoing; and includes any one,	3724
part of, or any combination of the foregoing; and further includes	3725
site improvements, utilities, machinery, facilities, furnishings,	3726
and any separate or connected buildings, structures, improvements,	3727
sites, utilities, facilities, or equipment to be used in, or in	3728
connection with the operation or maintenance of, or supplementing	3729
or otherwise related to the services or facilities to be provided	3730
by, any one or more of such hospital facilities.	3731

(F) "Costs of hospital facilities" means the costs of	3732
acquiring or constructing hospital facilities, costs of improving	3733
one or more hospital facilities, including reconstructing,	3734
rehabilitating, remodeling, renovating, and enlarging, costs of	3735
equipping and furnishing such facilities, and all financing costs	3736
pertaining thereto, including, without limitation thereto, costs	3737
of engineering, architectural, and other professional services,	3738
designs, plans, specifications and surveys, and estimates of cost,	3739
costs of tests and inspections, the costs of any indemnity or	3740
surety bonds and premiums on insurance, all related direct or	3741
allocable administrative expenses pertaining thereto, fees and	3742
expenses of trustees, depositories, and paying agents for the	3743
obligations, cost of issuance of the obligations and financing	3744
charges and fees and expenses of financial advisors, attorneys,	3745
accountants, consultants and rating services in connection	3746
therewith, capitalized interest on the obligations, amounts	3747
necessary to establish reserves as required by the bond	3748
proceedings, the reimbursement of all moneys advanced or applied	3749
by the hospital agency or others or borrowed from others for the	3750
payment of any item or items of costs of such facilities, and all	3751
other expenses necessary or incident to planning or determining	3752
feasibility or practicability with respect to such facilities, and	3753
such other expenses as may be necessary or incident to the	3754
acquisition, construction, reconstruction, rehabilitation,	3755
remodeling, renovation, enlargement, improvement, equipment, and	3756
furnishing of such facilities, the financing thereof, and the	3757
placing of the same in use and operation, including any one, part	3758
of, or combination of such classes of costs and expenses, and	3759
means the costs of refinancing obligations issued by, or	3760
reimbursement of money advanced by, nonprofit hospital agencies or	3761
others the proceeds of which were used for the payment of costs of	3762
hospital facilities, if the governing body of the public hospital	3763
agency determines that the refinancing or reimbursement advances	3764
the purposes of this chapter, whether or not the refinancing or	3765
reimbursement is in conjunction with the acquisition or	3766
construction of additional hospital facilities.	3767

(G) "Hospital receipts" means all moneys received by or on	3768
behalf of a hospital agency from or in connection with the	3769
ownership, operation, acquisition, construction, improvement,	3770
equipping, or financing of any hospital facilities, including,	3771
without limitation thereto, any rentals and other moneys received	3772
from the lease, sale, or other disposition of hospital facilities,	3773
and any gifts, grants, interest subsidies, or other moneys	3774
received under any federal program for assistance in financing the	3775
costs of hospital facilities, and any other gifts, grants, and	3776
donations, and receipts therefrom, available for financing the	3777
costs of hospital facilities.	3778

(H) "Obligations" means bonds, notes, or other evidences of	3779
indebtedness or obligation, including interest coupons pertaining	3780
thereto, issued or issuable by a public hospital agency to pay	3781
costs of hospital facilities.	3782

(I) "Bond service charges" means principal, interest, and	3783
call premium, if any, required to be paid on obligations.	3784

(J) "Bond proceedings" means one or more ordinances,	3785
resolutions, trust agreements, indentures, and other agreements or	3786
documents, and amendments and supplements to the foregoing, or any	3787
combination thereof, authorizing or providing for the terms,	3788
including any variable interest rates, and conditions applicable	3789
to, or providing for the security of, obligations and the	3790
provisions contained in such obligations.	3791

(K) "Nursing home" has the same meaning as in division (A)(1)	3792
of section 5701.13 of the Revised Code.	3793

(L) "Residential care facility" has the same meaning as in	3794
division (A)(2) of section 5701.13 of the Revised Code.	3795

(M) "Adult care facility" has the same meaning as in division	3796
(A)(3) of section 5701.13 of the Revised Code.	3797

(N) "Independent living facility" means any self-care	3798
facility or other housing facility designed or used as a residence	3799
for elderly persons. An "independent living facility" does not	3800
include a residential facility, or that part of a residential	3801
facility, that is any of the following:	3802

(1) A hospital required to be certified by section 3727.02	3803
of the Revised Code;	3804

(2) A nursing home or residential care facility;

3805

(3) An adult care facility;

3806

(4) A hospice licensed under section 3712.04 of the Revised	3807
Code;	3808

(5) A habilitation center as defined in section 5123.041 of	3809
the Revised Code;	3810

(6) A residential facility for the mentally ill licensed by	3811
the department of mental health under section 5119.22 of the	3812
Revised Code;	3813

(7) A facility licensed to provide methadone treatment under	3814
section 3793.11 of the Revised Code;	3815

(8) A facility certified as an alcohol and drug addiction	3816
program under section 3793.06 of the Revised Code;	3817

(9) A residential facility licensed under section 5123.19 of	3818
the Revised Code or a facility providing services under a contract	3819
with the department of mental retardation and developmental	3820
disabilities under section 5123.18 of the Revised Code;	3821

(10) A residential facility used as part of a hospital to	3822
provide housing for staff of the hospital or students pursuing a	3823
course of study at the hospital.	3824

Sec. 166.03.  (A) There is hereby created the facilities	3825
establishment fund within the state treasury, consisting of	3826
proceeds from the issuance of obligations as specified under	3827
section 166.08 of the Revised Code; the moneys received by the	3828
state from the sources specified in section 166.09 of the Revised	3829
Code; service charges imposed under sections 166.06 and 166.07 of	3830
the Revised Code; any grants, gifts, or contributions of moneys	3831
received by the director of development to be used for loans made	3832
under section 166.07 of the Revised Code or for the payment of the	3833
allowable costs of project facilities; and all other moneys	3834
appropriated or transferred to the fund. Moneys in the loan	3835
guarantee fund in excess of four per cent of the unpaid principal	3836
amount of loan repayments guaranteed under section 166.06 of the	3837
Revised Code, but subject to the provisions and requirements of	3838
any guarantee contracts, may be transferred to the facilities	3839
establishment fund by the treasurer of state upon the order of the	3840
director of development. Moneys received by the state under	3841
Chapter 122. of the Revised Code, to the extent allocable to the	3842
utilization of moneys derived from proceeds of the sale of	3843
obligations pursuant to section 166.08 of the Revised Code, shall	3844
be credited to the facilities establishment fund.	3845

(B) All moneys appropriated or transferred to the facilities	3846
establishment fund may be released at the request of the director	3847
of development for payment of allowable costs or the making of	3848
loans under this chapter, for transfer to the loan guarantee fund	3849
established in section 166.06 of the Revised Code, or for use for	3850
the purpose of or transfer to the funds established by sections	3851
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and	3852
122.80 of the Revised Code and, until July 1, 2001 2003, the funds	3853
established by sections 122.26 and 166.031 of the Revised Code,	3854
but only for such of those purposes as are within the	3855
authorization of Section 13 of Article VIII, Ohio Constitution, in	3856
all cases subject to the approval of the controlling board.	3857

(C) The department of development, in the administration of	3858
the facilities establishment fund, is encouraged to utilize and	3859
promote the utilization of, to the maximum practicable extent, the	3860
other existing programs, business incentives, and tax incentives	3861
that department is required or authorized to administer or	3862
supervise.	3863

Sec. 169.01.  As used in this chapter, unless the context	3864
otherwise requires:	3865

(A) "Financial organization" means any bank, trust company,	3866
savings bank, safe deposit company, mutual savings bank without	3867
mutual stock, savings and loan association, credit union, or	3868
investment company.	3869

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	3870
or intangible property, described in section 169.02 of the Revised	3871
Code, when, as shown by the records of the holder, the owner has	3872
not, within the times provided in section 169.02 of the Revised	3873
Code, done any of the following:	3874

(a) Increased, decreased, or adjusted the amount of such	3875
funds;	3876

(b) Assigned, paid premiums, or encumbered such funds;

3877

(c) Presented an appropriate record for the crediting of	3878
such funds or received payment of such funds by check, draft, or	3879
otherwise;	3880

(d) Corresponded with the holder concerning such funds;

3881

(e) Otherwise indicated an interest in or knowledge of such	3882
funds;	3883

(f) Transacted business with the holder.

3884

(2) "Unclaimed funds" does not include any of the following:

3885

(a) Money received or collected under section 9.39 of the	3886
Revised Code;	3887

(b) Any payment or credit due to a business association from	3888
a business association representing sums payable to suppliers, or	3889
payment for services rendered, in the course of business,	3890
including, but not limited to, checks or memoranda, overpayments,	3891
unidentified remittances, nonrefunded overcharges, discounts,	3892
refunds, and rebates;	3893

(c) Any payment or credit received by a business association	3894
from a business association for tangible goods sold, or services	3895
performed, in the course of business, including, but not limited	3896
to, checks or memoranda, overpayments, unidentified remittances,	3897
nonrefunded overcharges, discounts, refunds, and rebates;	3898

(d) Any credit due a retail customer that is represented by a	3899
gift certificate, gift card, merchandise credit, or merchandise	3900
credit card, redeemable only for merchandise.	3901

For purposes of divisions (B)(2)(b) and (c) of this section,	3902
"business association" means any corporation, joint venture,	3903
business trust, limited liability company, partnership,	3904
association, or other business entity composed of one or more	3905
individuals, whether or not the entity is for profit.	3906

(C) "Owner" means any person, or the person's legal	3907
representative, entitled to receive or having a legal or equitable	3908
interest in or claim against moneys, rights to moneys, or other	3909
intangible property, subject to this chapter.	3910

(D)(1) "Holder" means any person that has possession,	3911
custody, or control of moneys, rights to moneys, or other	3912
intangible property, or that is indebted to another, if any of the	3913
following applies:	3914

(a) Such person resides in this state;

3915

(b) Such person is formed under the laws of this state;

3916

(c) Such person is formed under the laws of the United	3917
States and has an office or principal place of business in this	3918
state;	3919

(d) The records of such person indicate that the last known	3920
address of the owner of such moneys, rights to moneys, or other	3921
intangible property is in this state;	3922

(e) The records of such person do not indicate the last	3923
known address of the owner of the moneys, rights to moneys, or	3924
other intangible property and the entity originating or issuing	3925
the moneys, rights to moneys, or other intangible property is this	3926
state or any political subdivision of this state, or is	3927
incorporated, organized, created, or otherwise located in this	3928
state. Division (D)(1)(e) of this section applies to all moneys,	3929
rights to moneys, or other intangible property that is in the	3930
possession, custody, or control of such person on or after July	3931
22, 1994, whether the moneys, rights to moneys, or other	3932
intangible property becomes unclaimed funds prior to or on or	3933
after such that date.	3934

(2) "Holder" does not mean any hospital granted tax-exempt	3935
status under section 501(c)(3) of the Internal Revenue Code or any	3936
hospital owned or operated by the state or by any political	3937
subdivision. Any entity in order to be exempt from the definition	3938
of "holder" pursuant to this division shall make a reasonable,	3939
good-faith effort to contact the owner of the unclaimed funds.	3940

(E) "Person" includes a natural person; corporation, whether	3941
for profit or not for profit; copartnership; unincorporated	3942
association or organization; public authority; estate; trust; two	3943
or more persons having a joint or common interest; eleemosynary	3944
organization; fraternal or cooperative association; other legal or	3945
community entity; the United States government, including any	3946
district, territory, possession, officer, agency, department,	3947
authority, instrumentality, board, bureau, or court; or any state	3948
or political subdivision thereof, including any officer, agency,	3949
board, bureau, commission, division, department, authority, court,	3950
or instrumentality.	3951

(F) "Mortgage funds" means the mortgage insurance fund	3952
created by section 122.561 of the Revised Code, and the housing	3953
guarantee fund created by division (D) of section 128.11 of the	3954
Revised Code.	3955

(G) "Lawful claims" means any vested right a holder of	3956
unclaimed funds has against the owner of such unclaimed funds.	3957

(H) "Public utility" means any entity defined as such by	3958
division (A) of section 745.01 or by section 4905.02 of the	3959
Revised Code.	3960

(I) "Deposit" means to place money in the custody of a	3961
financial organization for the purpose of establishing an	3962
income-bearing account by purchase or otherwise.	3963

(J) "Income-bearing account" means a time or savings	3964
account, whether or not evidenced by a certificate of deposit, or	3965
an investment account through which investments are made solely in	3966
obligations of the United States or its agencies or	3967
instrumentalities or guaranteed as to principal and interest by	3968
the United States or its agencies or instrumentalities, debt	3969
securities rated as investment grade by at least two nationally	3970
recognized rating services, debt securities which the director of	3971
commerce has determined to have been issued for the safety and	3972
welfare of the residents of this state, and equity interests in	3973
mutual funds that invest solely in some or all of the above-listed	3974
securities and involve no general liability, without regard to	3975
whether income earned on such accounts, securities, or interests	3976
is paid periodically or at the end of a term.	3977

Sec. 173.40.  There is hereby created a component of the	3978
medicaid program established under Chapter 5111. of the Revised	3979
Code to be known as the preadmission screening system providing	3980
options and resources today program, or PASSPORT. Through the	3981
medical assistance program established under Chapter 5111. of the	3982
Revised Code, the The PASSPORT program shall provide home and	3983
community-based services as an alternative to nursing facility	3984
placement for aged and disabled persons medicaid recipients. The	3985
program shall be operated pursuant to a home and community-based	3986
waiver granted by the United States secretary of health and human	3987
services under section 1915 of the "Social Security Act," 49 Stat.	3988
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	3989
shall administer the program. The department of aging shall enter	3990
into through an interagency agreement entered into with the	3991
department of job and family services regarding services provided	3992
under the program to recipients of medical assistance under	3993
Chapter 5111. under section 5111.86 of the Revised Code. The	3994
directors of aging and job and family services shall adopt rules	3995
in accordance with Chapter 119. of the Revised Code to implement	3996
the program.	3997

Sec. 175.22.  (A) The department of development and the Ohio	3998
housing finance agency shall each develop programs under which, in	3999
accordance with rules adopted under this section, it may make	4000
grants, loans, loan guarantees, and loan subsidies to counties,	4001
municipal corporations, townships, local housing authorities, and	4002
nonprofit organizations and may make loans, loan guarantees, and	4003
loan subsidies to private developers and private lenders to assist	4004
them in activities that will provide housing and housing	4005
assistance for specifically targeted low- and moderate-income	4006
families and individuals. Activities for which grants, loans,	4007
loan guarantees, and loan subsidies may be made under this section	4008
include all of the following:	4009

(1) Acquiring, financing, constructing, leasing,	4010
rehabilitating, remodeling, improving, and equipping publicly or	4011
privately owned housing;	4012

(2) Providing supportive services related to housing and the	4013
homeless, including housing counseling;. Not more than twenty per	4014
cent of the current year appropriation authority for the low- and	4015
moderate-income housing trust fund shall be awarded in any fiscal	4016
year for such supportive services.	4017

(3) Providing rental assistance payments or other project	4018
operating subsidies that lower tenant rents.	4019

(B) Grants, loans, loan guarantees, and loan subsidies may be	4020
made to counties, municipal corporations, townships, and nonprofit	4021
organizations for the additional purposes of providing technical	4022
assistance, design and finance services and consultation, and	4023
payment of pre-development and administrative costs related to any	4024
of the activities listed above.	4025

(C) In developing programs under this section, the	4026
department and the agency shall invite, accept, and consider	4027
public comment, and recommendations from the housing trust fund	4028
advisory committee created under section 175.25 of the Revised	4029
Code, on how the programs should be designed to most effectively	4030
benefit low- and moderate-income families and individuals. The	4031
programs developed under this section shall respond collectively	4032
to housing and housing assistance needs of low- and	4033
moderate-income families and individuals statewide.	4034

(D) The department and the agency, in accordance with	4035
Chapter 119. of the Revised Code, shall each adopt rules under	4036
which it shall administer programs developed by it under this	4037
section. The rules shall prescribe procedures and forms whereby	4038
counties, municipal corporations, townships, local housing	4039
authorities, and nonprofit organizations may apply for grants,	4040
loans, loan guarantees, and loan subsidies and private developers	4041
and private lenders may apply for loans, loan guarantees, and loan	4042
subsidies; eligibility criteria for the receipt of funds;	4043
procedures for reviewing and granting or denying applications;	4044
procedures for paying out funds; conditions on the use of funds;	4045
procedures for monitoring the use of funds; and procedures under	4046
which a recipient shall be required to repay funds that are	4047
improperly used. The rules adopted by the department shall do	4048
both of the following:	4049

(1) Require each recipient of a grant or loan made from the	4050
low- and moderate-income housing trust fund for activities that	4051
will provide, or assist in providing, a rental housing project, to	4052
reasonably ensure that the rental housing project will be	4053
affordable to those families and individuals targeted for the	4054
rental housing project for the useful life of the rental housing	4055
project or for thirty years, whichever is longer;	4056

(2) Require each recipient of a grant or loan made from the	4057
low- and moderate-income housing trust fund for activities that	4058
will provide, or assist in providing, a housing project to prepare	4059
and implement a plan to reasonably assist any families and	4060
individuals displaced by the housing project in obtaining decent	4061
affordable housing.	4062

(E) In prescribing eligibility criteria and conditions for	4063
the use of funds, neither the department nor agency is limited to	4064
the criteria and conditions specified in this section and each may	4065
prescribe additional eligibility criteria and conditions that	4066
relate to the purposes for which grants, loans, loan guarantees,	4067
and loan subsidies may be made. However, the department and	4068
agency are limited by the following specifically targeted low- and	4069
moderate-income guidelines:	4070

(1) Not less than seventy-five per cent of the money granted	4071
and loaned under this section in any biennium shall be for	4072
activities that will provide affordable housing and housing	4073
assistance to families and individuals in a county whose incomes	4074
are equal to or less than fifty per cent of the median income for	4075
that county, as determined by the department under section 175.23	4076
of the Revised Code.	4077

(2) The remainder of the money granted and loaned under this	4078
section in any biennium shall be for activities that will provide	4079
affordable housing and housing assistance to families and	4080
individuals in a county whose incomes are equal to or less than	4081
eighty per cent of the median income for that county, as	4082
determined by the department under section 175.23 of the Revised	4083
Code.	4084

(F) In making grants, loans, loan guarantees, and loan	4085
subsidies under this section, the department and the agency shall	4086
give preference to viable projects and activities that will	4087
benefit those families and individuals in a county whose incomes	4088
are equal to or less than thirty-five per cent of the median	4089
income for that county, as determined by the department under	4090
section 175.23 of the Revised Code. The department and the agency	4091
shall monitor the programs developed under this section to ensure	4092
that money granted and loaned under this section is not used in a	4093
manner that violates division (H) of section 4112.02 of the	4094
Revised Code or discriminates against families with children.	4095

Sec. 179.02.  (A) There is hereby established the Ohio	4096
commission on dispute resolution and conflict management,	4097
consisting of twelve members, unless a vacancy exists in an	4098
appointment at any given time. The purpose of the commission is	4099
to provide, coordinate, fund, and evaluate dispute resolution and	4100
conflict management education, training, and research programs in	4101
this state, and to consult with, educate, train, provide resources	4102
for, and otherwise assist and facilitate other persons and public	4103
or private agencies, organizations, or entities that are engaged	4104
in activities related to dispute resolution and conflict	4105
management. Four members of the commission shall be appointed by	4106
the governor, four members shall be appointed by the chief justice	4107
of the supreme court, two members shall be appointed by the	4108
president of the senate, and two members shall be appointed by the	4109
speaker of the house of representatives.	4110

Within thirty days after the effective date of this section	4111
June 30, 1995, the governor, the chief justice of the supreme	4112
court, the president of the senate, and the speaker of the house	4113
of representatives shall make initial appointments to the	4114
commission. Of the initial appointments made to the commission by	4115
the governor and the chief justice, two each shall be for a term	4116
ending two years after the effective date of this section June 30,	4117
1995, and two each shall be for a term ending four years after	4118
that date. Of the initial appointments made to the commission by	4119
the president of the senate and the speaker of the house of	4120
representatives, one each shall be for a term ending two years	4121
after the effective date of this section June 30, 1995, and one	4122
each shall be for a term ending four years after that date.	4123
Thereafter, terms of office shall be for three years, with each	4124
term ending on the same day of the same month of the year as the	4125
term that it succeeds. Each member shall hold office from the	4126
date of appointment until the end of the term for which appointed.	4127
Members may be reappointed. Vacancies	4128

Vacancies shall be filled in the manner provided for original	4129
appointments. Any member appointed to fill a vacancy occurring	4130
prior to the expiration date of the term for which the member's	4131
predecessor was appointed shall hold office as a member for the	4132
remainder of that term. A	4133

A member shall continue in office subsequent to the	4134
expiration date of the member's term until a the member's	4135
successor takes office or until a period of sixty days has	4136
elapsed, whichever occurs first.	4137

(B) The commission shall meet within two weeks after all of	4138
its initial members have been appointed, at a time and place	4139
determined by the governor. Thereafter, the commission shall meet	4140
at least quarterly, or more often upon the call of the chairman	4141
chairperson or at the request of the executive director of the	4142
commission. The	4143

The commission shall organize by selecting from among its	4144
members a chairman chairperson, a vice-chairman vice-chairperson,	4145
and such other necessary officers as are necessary. All officers	4146
shall be elected annually by vote of the members of the	4147
commission. Each	4148

Each member of the commission shall have one vote. Seven A	4149
majority of the members constitute of the commission, as it exists	4150
at any given time, constitutes a quorum, and the votes of a	4151
majority of the members present at a meeting of the commission are	4152
required to validate an action of the commission.	4153

(C) The members of the commission shall serve without	4154
compensation, but each member shall be reimbursed for actual and	4155
necessary expenses incurred in the performance of official duties,	4156
and actual mileage for each mile necessarily traveled in the	4157
performance of official duties.	4158

Sec. 179.03.  (A) The Ohio commission on dispute resolution	4159
and conflict management shall do all of the following:	4160

(1) Appoint and set the compensation of an executive	4161
director, who shall serve at the pleasure of the commission;	4162

(2) Establish and maintain a central office;

4163

(3) Adopt rules to govern the application for, and the	4164
awarding of, grants made available by the commission under	4165
sections 179.01 to 179.04 of the Revised Code out of the dispute	4166
resolution and conflict management commission gifts, grants, and	4167
reimbursements fund established by division (C) of this section;	4168

(4) Seek, solicit, and apply for grants from any public or	4169
private source to provide for the operation of dispute resolution	4170
and conflict management programs in this state;	4171

(5) Adopt standards for the evaluation of dispute resolution	4172
and conflict management programs funded pursuant to sections	4173
179.01 to 179.04 of the Revised Code;	4174

(6) Provide technical aid and assistance to dispute	4175
resolution and conflict management programs, to centers that	4176
provide these programs, and to public and private agencies and	4177
organizations that provide these programs or engage in dispute	4178
resolution and conflict management activities services;	4179

(7) Approve an annual operating budget;

4180

(8) Prepare an annual report on the operation of the	4181
commission and the office established by the commission, and	4182
provide the report to the governor, the supreme court, and the	4183
general assembly.	4184

(B) The commission may do any of the following:

4185

(1) Receive and accept donations, grants, awards, bequests,	4186
gifts, reimbursements, and similar funds from any lawful source;	4187

(2) Accept the services of volunteer workers and consultants	4188
at no compensation, other than reimbursement for actual and	4189
necessary expenses incurred in the performance of their official	4190
duties, and reimburse any volunteer workers or consultants for	4191
their actual and necessary expenses so incurred;	4192

(3) Prepare and publish statistical data and case studies	4193
and other data pertinent to the development, operation, and	4194
evaluation of dispute resolution and conflict management programs	4195
and centers that provide these programs or engage in dispute	4196
resolution and conflict management services;	4197

(4) Conduct programs that have a general objective of	4198
training and educating mediators and other persons engaged in	4199
providing dispute resolution and conflict management services;	4200

(5) Develop programs and curricula that are designed to	4201
provide dispute resolution and conflict management training and	4202
education for public and private education, as well as other	4203
appropriate education forums;	4204

(6) Enter into contracts for dispute resolution and conflict	4205
management services or authorize the executive director to enter	4206
into those contracts.	4207

(C) There is hereby established in the state treasury the	4208
dispute resolution and conflict management commission gifts,	4209
grants, and reimbursements fund. All donations, grants, awards,	4210
bequests, gifts, and reimbursements, and similar funds received by	4211
the commission under this section shall be deposited in the fund.	4212

Sec. 179.04.  (A) No person shall be appointed executive	4213
director of the Ohio commission on dispute resolution and conflict	4214
management unless the person is trained in law, public affairs,	4215
business administration, or social sciences and the person has	4216
experience in administering dispute resolution and conflict	4217
management programs or services. The executive director appointed	4218
by the commission shall serve at the pleasure of the commission.	4219

(B) The executive director shall do both of the following:

4220

(1) Appoint and set the compensation of personnel who are	4221
necessary for the efficient operation of the office established by	4222
the commission, with the approval of the commission;	4223

(2) Keep and maintain financial records pertaining to the	4224
awarding of grants and contracts authorized pursuant to under	4225
sections 179.01 to 179.04 of the Revised Code, and report	4226
periodically, but not less than annually, to the commission on all	4227
relevant data pertaining to the operations, costs, and projected	4228
needs of the office established by the commission and on	4229
recommendations for legislation or amendments to court rules that	4230
may be appropriate to improve dispute resolution and conflict	4231
management programs.	4232

(C) The executive director may do any of the following:

4233

(1) Make all necessary arrangements to coordinate the	4234
services of the office established by the commission with any	4235
federal, state, county, municipal, township, or private entity or	4236
program established to provide dispute resolution and conflict	4237
management services and to obtain and provide all funds allowable	4238
from any such entity or under any such programs program;	4239

(2) Consult and cooperate with professional groups concerned	4240
with the study, development, implementation, and evaluation of	4241
dispute resolution and conflict management programs and services	4242
and the operation of the state dispute resolution and conflict	4243
management office established by the commission;	4244

(3) Accept the services of volunteer workers and consultants	4245
at no compensation, other than reimbursement for actual and	4246
necessary expenses incurred in the performance of their official	4247
duties, and provide for the reimbursement of any volunteer workers	4248
or consultants for their actual and necessary expenses so	4249
incurred;	4250

(4) Prescribe any forms that are necessary for the uniform	4251
operation of sections 179.01 to 179.04 of the Revised Code;	4252

(5) With the authorization of the commission, enter into	4253
contracts for dispute resolution and conflict management services.	4254

Sec. 181.51.  As used in sections 181.51 to 181.56 of the	4255
Revised Code:	4256

(A) "Federal criminal justice acts" means any federal law	4257
that authorizes financial assistance and other forms of assistance	4258
to be given by the federal government to the states to be used for	4259
the improvement of the criminal and juvenile justice systems of	4260
the states.	4261

(B)(1) "Criminal justice system" includes all of the	4262
functions of the following:	4263

(a) The state highway patrol, county sheriff offices,	4264
municipal and township police departments, and all other law	4265
enforcement agencies;	4266

(b) The courts of appeals, courts of common pleas, municipal	4267
courts, county courts, and mayor's courts, when dealing with	4268
criminal cases;	4269

(c) The prosecuting attorneys, city directors of law,	4270
village solicitors, and other prosecuting authorities when	4271
prosecuting or otherwise handling criminal cases and the county	4272
and joint county public defenders and other public defender	4273
agencies or offices;	4274

(d) The department of rehabilitation and correction,	4275
probation departments, county and municipal jails and workhouses,	4276
and any other department, agency, or facility that is concerned	4277
with the rehabilitation or correction of criminal offenders;	4278

(e) Any public or private agency whose purposes include the	4279
prevention of crime or the diversion, adjudication, detention, or	4280
rehabilitation of criminal offenders;	4281

(f) Any public or private agency, the purposes of which	4282
include assistance to crime victims or witnesses.	4283

(2) The inclusion of any public or private agency, the	4284
purposes of which include assistance to crime victims or	4285
witnesses, as part of the criminal justice system pursuant to	4286
division (B)(1) of this section does not limit, and shall not be	4287
construed as limiting, the discretion or authority of the attorney	4288
general with respect to crime victim assistance and criminal	4289
justice programs.	4290

(C) "Juvenile justice system" includes all of the functions	4291
of the juvenile courts, the department of youth services, any	4292
public or private agency whose purposes include the prevention of	4293
delinquency or the diversion, adjudication, detention, or	4294
rehabilitation of delinquent children, and any of the functions of	4295
the criminal justice system that are applicable to children.	4296

(D) "Comprehensive plan" means a document that coordinates,	4297
evaluates, and otherwise assists, on an annual or multi-year	4298
basis, all any of the functions of the criminal and juvenile	4299
justice systems of the state or a specified area of the state,	4300
that conforms to the priorities of the state with respect to	4301
criminal and juvenile justice systems, and that conforms with the	4302
requirements of all federal criminal justice acts. These	4303
functions may include, but are not limited to, all any of the	4304
following:	4305

(1) Crime and delinquency prevention;

4306

(2) Identification, detection, apprehension, and detention	4307
of persons charged with criminal offenses or delinquent acts;	4308

(3) Assistance to crime victims or witnesses, except that	4309
the comprehensive plan does not include the functions of the	4310
attorney general pursuant to sections 109.91 and 109.92 of the	4311
Revised Code;	4312

(4) Adjudication or diversion of persons charged with	4313
criminal offenses or delinquent acts;	4314

(5) Custodial treatment of criminal offenders and,	4315
delinquent children, or both;	4316

(6) Institutional and noninstitutional rehabilitation of	4317
criminal offenders and, delinquent children, or both.	4318

(E) "Metropolitan county criminal justice services agency"	4319
means an agency that is established pursuant to division (A) of	4320
section 181.54 of the Revised Code.	4321

(F) "Administrative planning district" means a district that	4322
is established pursuant to division (A) or (B) of section 181.56	4323
of the Revised Code.	4324

(G) "Criminal justice coordinating council" means a criminal	4325
justice services agency that is established pursuant to division	4326
(B)(D) of section 181.56 of the Revised Code.	4327

(H) "Local elected official" means any person who is a member	4328
of a board of county commissioners or township trustees or of a	4329
city or village council, judge of the court of common pleas, a	4330
municipal court, or a county court, sheriff, county coroner,	4331
prosecuting attorney, city director of law, village solicitor, or	4332
mayor.	4333

(I) "Juvenile justice coordinating council" means a juvenile	4334
justice services agency that is established pursuant to division	4335
(D) of section 181.56 of the Revised Code.	4336

Sec. 181.52.  (A) There is hereby created an office of	4337
criminal justice services. The governor shall appoint a director	4338
of the office, and the director may appoint, within the office,	4339
any professional and technical personnel and other employees that	4340
are necessary to enable the office to comply with sections 181.51	4341
to 181.56 of the Revised Code. The director and the assistant	4342
director of the office, and all professional and technical	4343
personnel employed within the office who are not public employees	4344
as defined in section 4117.01 of the Revised Code, shall be in the	4345
unclassified civil service, and all other persons employed within	4346
the office shall be in the classified civil service. The director	4347
may enter into any contracts, except contracts governed by Chapter	4348
4117. of the Revised Code, that are necessary for the operation of	4349
the office.	4350

(B) Subject to division (D)(E) of this section and subject	4351
to divisions (D) to (F) of section 5120.09 of the Revised Code	4352
insofar as those divisions relate to federal criminal justice acts	4353
that the governor requires the department of rehabilitation and	4354
correction to administer, the office of criminal justice services	4355
shall do all of the following:	4356

(1) Serve as the state criminal justice services agency and	4357
perform criminal and juvenile justice system planning in the	4358
state, including any planning that is required by any federal law;	4359

(2) Collect, analyze, and correlate information and data	4360
concerning the criminal and juvenile justice systems system in the	4361
state;	4362

(3) Cooperate with and provide technical assistance to state	4363
departments, administrative planning districts, metropolitan	4364
county criminal justice services agencies, criminal justice	4365
coordinating councils, agencies, offices, and departments of the	4366
criminal and juvenile justice systems system in the state, and	4367
other appropriate organizations and persons;	4368

(4) Encourage and assist agencies, offices, and departments	4369
of the criminal and juvenile justice systems system in the state	4370
and other appropriate organizations and persons to solve problems	4371
that relate to the duties of the office;	4372

(5) Administer within the state any federal criminal justice	4373
acts or juvenile justice acts that the governor requires it to	4374
administer;	4375

(6) Administer funds received under the "Family Violence	4376
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	4377
10401, as amended, with all powers necessary for the adequate	4378
administration of those funds, including the authority to	4379
establish a family violence prevention and services program.	4380

(7) Implement the state comprehensive plans;

4381

(7)(8) Audit grant activities of agencies, offices,	4382
organizations, and persons that are financed in whole or in part	4383
by funds granted through the office;	4384

(8)(9) Monitor or evaluate the performance of criminal and	4385
juvenile justice systems system projects and programs in the state	4386
that are financed in whole or in part by funds granted through the	4387
office;	4388

(9)(10) Apply for, allocate, disburse, and account for	4389
grants that are made available pursuant to federal criminal	4390
justice acts or juvenile justice acts, or made available from	4391
other federal, state, or private sources, to improve the criminal	4392
and juvenile justice systems system in the state. All money from	4393
such federal grants shall, if the terms under which the money is	4394
received require that the money be deposited into an	4395
interest-bearing fund or account, be deposited in the state	4396
treasury to the credit of the federal program purposes fund, which	4397
is hereby created. All investment earnings of the fund shall be	4398
credited to the fund.	4399

(10)(11) Contract with federal, state, and local agencies,	4400
foundations, corporations, businesses, and persons when necessary	4401
to carry out the duties of the office;	4402

(11)(12) Oversee the activities of metropolitan county	4403
criminal justice services agencies, administrative planning	4404
districts, and criminal justice coordinating councils in the	4405
state;	4406

(12)(13) Advise the general assembly and governor on	4407
legislation and other significant matters that pertain to the	4408
improvement and reform of criminal and juvenile justice systems in	4409
the state;	4410

(13)(14) Prepare and recommend legislation to the general	4411
assembly and governor for the improvement of the criminal and	4412
juvenile justice systems in the state;	4413

(14)(15) Assist, advise, and make any reports that are	4414
requested or required by the governor, attorney general, or	4415
general assembly;	4416

(15)(16) Adopt rules pursuant to Chapter 119. of the Revised	4417
Code.	4418

(C) Division Upon the request of the governor, the office of	4419
criminal justice services may do any of the following:	4420

(1) Collect, analyze, or correlate information and data	4421
concerning the juvenile justice system in the state;	4422

(2) Cooperate with and provide technical assistance to state	4423
departments, administrative planning districts, metropolitan	4424
county criminal justice service agencies, criminal justice	4425
coordinating councils, agency offices, and the departments of the	4426
juvenile justice system in the state and other appropriate	4427
organizations and persons;	4428

(3) Encourage and assist agencies, offices, and departments	4429
of the juvenile justice system in the state and other appropriate	4430
organizations and persons to solve problems that relate to the	4431
duties of the office.	4432

(D) Divisions (B) and (C) of this section does do not limit	4433
the discretion or authority of the attorney general with respect	4434
to crime victim assistance and criminal justice programs.	4435

(D)(E) Nothing in this section is intended to diminish or	4436
alter the status of the office of the attorney general as a	4437
criminal justice services agency.	4438

Sec. 181.54.  (A) A county may enter into an agreement with	4439
the largest city within the county to establish a metropolitan	4440
county criminal justice services agency, if the population of the	4441
county exceeds five hundred thousand or the population of the city	4442
exceeds two hundred fifty thousand.	4443

(B) A metropolitan county criminal justice services agency	4444
shall do all of the following:	4445

(1) Accomplish criminal and juvenile justice systems	4446
planning within its services area;	4447

(2) Collect, analyze, and correlate information and data	4448
concerning the criminal and juvenile justice systems within its	4449
services area;	4450

(3) Cooperate with and provide technical assistance to all	4451
criminal and juvenile justice agencies and systems and other	4452
appropriate organizations and persons within its services area;	4453

(4) Encourage and assist agencies of the criminal and	4454
juvenile justice systems and other appropriate organizations and	4455
persons to solve problems that relate to its duties;	4456

(5) Administer within its services area any federal criminal	4457
justice acts or juvenile justice acts that the office of criminal	4458
justice services or the department of youth services administers	4459
within the state;	4460

(6) Implement the comprehensive plans for its services area;

4461

(7) Monitor or evaluate, within its services area, the	4462
performance of the criminal and juvenile justice systems projects	4463
and programs that are financed in whole or in part by funds	4464
granted through it;	4465

(8) Apply for, allocate, and disburse grants that are made	4466
available pursuant to any federal criminal justice acts, or	4467
pursuant to any other federal, state, or private sources for the	4468
purpose of improving the criminal and juvenile justice systems;	4469

(9) Contract with federal, state, and local agencies,	4470
foundations, corporations, and other businesses or persons to	4471
carry out the duties of the agency.	4472

Sec. 181.56.  (A) In counties in which a metropolitan county	4473
criminal justice services agency does not exist, the office of	4474
criminal justice services shall discharge the office's duties that	4475
the governor requires it to administer by establishing	4476
administrative planning districts for criminal justice programs.	4477
An administrative planning district shall contain a group of	4478
contiguous counties in which no county has a metropolitan county	4479
criminal justice services agency.	4480

(B) In counties in which a metropolitan county criminal	4481
justice services agency does not exist, the department of youth	4482
services shall discharge the department's duty by establishing	4483
administrative planning districts for juvenile justice programs.	4484

(C) All administrative planning districts shall contain a	4485
group of contiguous counties in which no county has a metropolitan	4486
county criminal justice services agency.	4487

(D) Any county or any combination of contiguous counties	4488
within an administrative planning district may form a criminal	4489
justice coordinating council or a juvenile justice coordinating	4490
council for its respective programs, if the county or the group of	4491
counties has a total population in excess of two hundred fifty	4492
thousand. The council shall comply with the conditions set forth	4493
in divisions (B) and (C) of section 181.55 of the Revised Code,	4494
and exercise within its jurisdiction the powers and duties set	4495
forth in division (B) of section 181.54 of the Revised Code.	4496

Sec. 183.09.  The fiscal year of the tobacco use prevention	4497
and control foundation shall be the same as the fiscal year of the	4498
state.	4499

Within ninety days after the end of each fiscal year, the	4500
foundation shall submit to the governor and the general assembly	4501
both of the following:	4502

(A) A report of the activities of the foundation during the	4503
preceding fiscal year and an independent and objective evaluation	4504
of the progress being made by the foundation in reducing tobacco	4505
use by Ohioans;	4506

(B) A financial report of the foundation for the preceding	4507
fiscal year, which shall include both:	4508

(1) Information on the amount and percentage of overhead and	4509
administrative expenditures compared to programmatic expenditures;	4510

(2) An independent auditor's report on the general purpose	4511
basic financial statements and required supplementary information	4512
of the foundation. Such financial statements shall be prepared in	4513
conformity with generally accepted accounting principles	4514
prescribed for governmental entities.	4515

Sec. 183.10.  The law enforcement improvements trust fund is	4516
hereby created in the state treasury. Money credited to the fund	4517
shall be used by the attorney general to maintain, upgrade, and	4518
modernize the law enforcement training, law enforcement	4519
technology, and laboratory facilities equipment of the office of	4520
the attorney general. All investment earnings of the fund shall	4521
be credited to the fund.	4522

Sec. 183.17.  The fiscal year of the southern Ohio	4523
agricultural and community development foundation shall be the	4524
same as the fiscal year of the state.	4525

Within ninety days after the end of each fiscal year, the	4526
foundation shall submit to the governor and the general assembly	4527
both of the following:	4528

(A) A report of the activities of the foundation during the	4529
preceding fiscal year. The report shall also contain an	4530
independent evaluation of the progress being made by the	4531
foundation in carrying out its duties.	4532

(B) A financial report of the foundation for the preceding	4533
year, which shall include both:	4534

(1) Information on the amount and percentage of overhead and	4535
administrative expenditures compared to programmatic expenditures;	4536

(2) An independent auditor's report on the general purpose	4537
basic financial statements and required supplementary information	4538
of the foundation. Such financial statements shall be prepared in	4539
conformity with generally accepted accounting principles	4540
prescribed for governmental entities.	4541

On or before July 1, 2010, the foundation shall report to the	4542
governor and the general assembly on the progress that the	4543
foundation has made in replacing the production of tobacco in	4544
southern Ohio with the production of other agricultural products	4545
and in mitigating the adverse economic impact of reduced tobacco	4546
production in the region. In If the foundation concludes that a	4547
need for additional funding still exists, the foundation may	4548
request that provision be made for a portion of the payments	4549
credited to the tobacco master settlement agreement fund to	4550
continue to be transferred to the southern Ohio agricultural and	4551
community development trust fund.	4552

Sec. 301.27.  (A) As used in this section:

4553

(1) "Credit card" includes a gasoline credit card and a	4554
telephone credit card.	4555

(2) "Officer" includes an individual who also is an	4556
appointing authority.	4557

(3) "Gasoline and oil expenses," "minor motor vehicle	4558
maintenance expenses," and "emergency motor vehicle repair	4559
expenses" refer to only those expenses incurred for motor vehicles	4560
owned or leased by the county.	4561

(B) A credit card held by a board of county commissioners or	4562
the office of any other county appointing authority shall be used	4563
only to pay work-related food, transportation, gasoline expenses,	4564
limited to the following:	4565

(1) Food expenses;

4566

(2) Transportation expenses;

4567

(3) Gasoline and oil, minor expenses;

4568

(4) Minor motor vehicle maintenance, emergency;

4569

(5) Emergency motor vehicle repair, telephone, lodging, and	4570
internet expenses;	4571

(6) Telephone expenses;

4572

(7) Lodging expenses;

4573

(8) Internet service provider expenses;

4574

(9) In the case of a public children services agency,	4575
expenses for purchases for children for whom the agency is	4576
providing temporary emergency care pursuant to section 5153.16 of	4577
the Revised Code, children in the temporary or permanent custody	4578
of the agency, and children in a planned permanent living	4579
arrangement.	4580

(C) A county appointing authority may apply to the board of	4581
county commissioners for authorization to have an officer or	4582
employee of the appointing authority use a credit card held by	4583
that appointing authority. The authorization request shall state	4584
whether the card is to be issued only in the name of the office of	4585
the appointing authority itself or whether the issued card shall	4586
also include the name of a specified officer or employee.	4587

(D) The debt incurred as a result of the use of a credit	4588
card pursuant to this section shall be paid from moneys	4589
appropriated to the appointing authority for work-related food,	4590
transportation, gasoline and oil, minor motor vehicle maintenance,	4591
emergency motor vehicle repair, telephone, lodging, and internet	4592
service provider expenses listed in division (B) of this section.	4593

(E)(1) Except as otherwise provided in division (E)(2) of	4594
this section, every officer or employee authorized to use a credit	4595
card held by the board or appointing authority shall submit to the	4596
board by the first day of each month an estimate of the officer's	4597
or employee's work-related food, transportation, gasoline and oil,	4598
minor motor vehicle maintenance, emergency motor vehicle repair,	4599
telephone, lodging, and internet service provider expenses listed	4600
in division (B) of this section for that month, unless the board	4601
authorizes, by resolution, the officer or employee to submit to	4602
the board such an estimate for a period longer than one month. The	4603
board may revise the estimate and determine the amount it	4604
approves, if any, not to exceed the estimated amount. The board	4605
shall certify the amount of its determination to the county	4606
auditor along with the necessary information for the auditor to	4607
determine the appropriate appropriation line item from which such	4608
expenditures are to be made. After receiving certification from	4609
the county auditor that the determined sum of money is in the	4610
treasury or in the process of collection to the credit of the	4611
appropriate appropriation line item for which the credit card is	4612
approved for use, and is free from previous and then-outstanding	4613
obligations or certifications, the board shall authorize the	4614
officer or employee to incur debt for such expenses against the	4615
county's credit up to the authorized amount.	4616

(2) In lieu of following the procedure set forth in division	4617
(E)(1) of this section, a board of county commissioners may adopt	4618
a resolution authorizing an officer or employee of an appointing	4619
authority to use a county credit card to pay for specific classes	4620
of the work-related expenses listed in division (B) of this	4621
section, or use a specific credit card for any of those	4622
work-related expenses listed in division (B) of this section,	4623
without submitting an estimate of those expenses to the board as	4624
required by division (E)(1) of this section. Prior to adopting	4625
the resolution, the board shall notify the county auditor. The	4626
resolution shall specify whether the officer's or employee's	4627
exemption extends to the use of a specific card, which card shall	4628
be identified by its number, or to one or more specific	4629
work-related uses from the classes of uses permitted under	4630
division (B) of this section. Before any credit card exempted for	4631
specific uses may be used to make purchases for uses other than	4632
those specific uses listed in the resolution, the procedures	4633
outlined in division (E)(1) of this section must be followed or	4634
the use shall be considered an unauthorized use. Use of any	4635
credit card under division (E)(2) of this section shall be limited	4636
to the amount appropriated and encumbered in a specific	4637
appropriation line item for the permitted use or uses designated	4638
in the authorizing resolution, or, in the case of a resolution	4639
that authorizes use of a specific credit card, for each of the	4640
permitted uses listed in division (B) of this section, but only to	4641
the extent the moneys in such appropriations are not otherwise	4642
encumbered.	4643

(F)(1) Any time a county credit card approved for use for an	4644
authorized amount under division (E)(1) of this section is used	4645
for more than that authorized amount, the appointing authority may	4646
request the board of county commissioners to authorize after the	4647
fact the expenditure of any amount charged beyond the originally	4648
authorized amount if, upon the board's request, the county auditor	4649
certifies that sum of money is in the treasury or in the process	4650
of collection to the credit of the appropriate appropriation line	4651
item for which the credit card was used and is free from previous	4652
and then-outstanding obligations or certifications. If the card	4653
is used for more than the amount originally authorized and if for	4654
any reason that amount is not authorized after the fact, then the	4655
county treasury shall be reimbursed for any amount spent beyond	4656
the originally authorized amount in the following manner:	4657

(a) If the card is issued in the name of a specific officer	4658
or employee, then that officer or employee is liable in person and	4659
upon any official bond the officer or employee has given to the	4660
county to reimburse the county treasury for the amount charged to	4661
the county beyond the originally authorized amount.	4662

(b) If the card was issued to the office of the appointing	4663
authority, then the appointing authority is liable in person and	4664
upon any official bond the appointing authority has given to the	4665
county for the amount charged to the county beyond the originally	4666
authorized amount.	4667

(2) Any time a county credit card authorized for use under	4668
division (E)(2) of this section is used for more than the amount	4669
appropriated under that division, the appointing authority may	4670
request the board of county commissioners to issue a supplemental	4671
appropriation or make a transfer to the proper line item account	4672
as permitted in section 5705.40 of the Revised Code, to cover the	4673
amount charged beyond the originally appropriated amount. If the	4674
card is used for more than the amount originally appropriated and	4675
if for any reason that amount is not appropriated or transferred	4676
as permitted by this section, then the county treasury shall be	4677
reimbursed for any amount spent beyond the originally appropriated	4678
amount in the following manner:	4679

(a) If the card is issued in the name of a specific officer	4680
or employee, then that officer or employee is liable in person and	4681
upon any official bond the officer or employee has given to the	4682
county for reimbursing the county treasury for any amount charged	4683
on the card beyond the originally appropriated amount.	4684

(b) If the card is issued in the name of the office of the	4685
appointing authority, then the appointing authority is liable in	4686
person and upon any official bond the appointing authority has	4687
given to the county for reimbursement for any amount charged on	4688
the card beyond the originally appropriated amount.	4689

(3) Whenever any officer or employee authorized to use a	4690
credit card held by the board or the office of any other county	4691
appointing authority suspects the loss, theft, or possibility of	4692
unauthorized use of the county credit card the officer or employee	4693
is authorized to use, the officer or employee shall so notify the	4694
officer's or employee's appointing authority or the board	4695
immediately and in writing.	4696

(4) If the county auditor determines there has been a credit	4697
card expenditure beyond the appropriated or authorized amount as	4698
provided in division (E) of this section, the auditor immediately	4699
shall notify the board of county commissioners of this fact. When	4700
the board of county commissioners determines on its own or after	4701
notification from the county auditor that the county treasury	4702
should be reimbursed for credit card expenditures beyond the	4703
appropriated or authorized amount as provided in divisions (F)(1)	4704
and (2) of this section, it shall give written notice to the	4705
officer or employee or appointing authority liable to the treasury	4706
as provided in divisions (F)(1) and (2) of this section. If,	4707
within thirty days after issuance of this written notice the	4708
county treasury is not reimbursed for the amount shown on the	4709
written notice, the prosecuting attorney of the county shall	4710
recover that amount from the officer or employee or appointing	4711
authority who is liable under this section by civil action in any	4712
court of appropriate jurisdiction.	4713

(G) Use of a county credit card for any use other than those	4714
permitted under division (B) of this section is a violation of law	4715
for the purposes of section 2913.21 of the Revised Code.	4716

Sec. 325.071.  There shall be allowed annually to the	4717
sheriff, in addition to all salary and allowances otherwise	4718
provided by law, an amount equal to one-half of the official	4719
salary allowed under sections division (A) of section 325.06 and	4720
section 325.18 of the Revised Code, to provide for expenses that	4721
the sheriff incurs in the performance of the sheriff's official	4722
duties and in the furtherance of justice. Upon the order of the	4723
sheriff, the county auditor shall draw the auditor's warrant on	4724
the county treasurer, payable to the sheriff or any other person	4725
as the order designates, for the amount the order requires. The	4726
amounts the order requires, not exceeding the amount provided by	4727
this section, shall be paid out of the general fund of the county.	4728

Nothing shall be paid under this section until the sheriff	4729
gives bond to the state in an amount not less than the sheriff's	4730
official salary, to be fixed by the court of common pleas or the	4731
probate court, with sureties to be approved by either of those	4732
courts. The bond shall be conditioned that the sheriff will	4733
faithfully discharge all the duties enjoined upon the sheriff, and	4734
pay over all moneys the sheriff receives in an official capacity.	4735
The bond, with the approval of the court of common pleas or the	4736
probate court of the amount of the bond and the sureties on the	4737
bond, shall be deposited with the county treasurer.	4738

The sheriff annually, before the first Monday of January,	4739
shall file with the county auditor an itemized statement, verified	4740
by the sheriff, as to the manner in which the fund provided by	4741
this section has been expended during the current year, and, if	4742
any part of that fund remains in the sheriff's hands unexpended,	4743
forthwith shall pay the remainder into the county treasury.	4744

Sec. 329.042.  The county department of job and family	4745
services shall certify public assistance and nonpublic assistance	4746
households eligible under the "Food Stamp Act of 1964," 78 Stat.	4747
703, 7 U.S.C.A. 2011, as amended, and federal and state	4748
regulations adopted pursuant to such act, to enable low-income	4749
households to participate in the food stamp program and thereby to	4750
purchase foods having a greater monetary value than is possible	4751
under public assistance standard allowances or other low-income	4752
budgets.	4753

The county department of job and family services shall	4754
administer the distribution of food stamp coupons benefits under	4755
the supervision of the department of job and family services. Such	4756
coupons The benefits shall be distributed by mail in accordance	4757
with sections 5101.541, 5101.542, and 5101.543 of the Revised	4758
Code, or by some alternative a method approved by the department	4759
of job and family services in accordance with the "Food Stamp Act	4760
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and	4761
regulations issued thereunder.	4762

The document referred to as the "authorization-to-participate	4763
card," which shows the face value of the coupon allotment benefits	4764
an eligible household is entitled to receive on presentment of the	4765
document, shall be issued, immediately upon certification, to a	4766
household determined under division (C) of section 5101.54 of the	4767
Revised Code to be in immediate need of food assistance by being	4768
personally handed by a member of the staff of the county	4769
department of job and family services to the member of the	4770
household in whose name application was made for participation in	4771
the program or the authorized representative of such member of the	4772
household.	4773

Sec. 5101.19.        Sec.  .        Sec. 329.19.  (A) Upon determining that a person or	4774
persons are eligible for aid payments benefits or services under	4775
Chapter 5107. or 5115. of the Revised Code any assistance program	4776
administered by the county department of job and family services,	4777
the county department may issue an identification card shall be	4778
issued to the individual designated to receive warrants for aid	4779
payments person or persons. Such cards may be made up and issued	4780
by the county department of job and family services, or the	4781
department of job and family services may enter into a contract	4782
with any person, corporation, or agency, public or private, to	4783
furnish cards to individuals certified by the county department.	4784
The county department of job and family services shall determine	4785
the card's material, design, and informational content, which	4786
shall may include a photograph, social security number, name, and	4787
signature, and shall prescribe the procedure by which it is	4788
issued.	4789

(B) Any county department of job and family services which	4790
on July 7, 1972 is furnishing identification cards to individuals	4791
designated to receive warrants for aid payments under Chapter	4792
5107. of the Revised Code, may continue to issue such cards and	4793
may issue identification cards to individuals designated to	4794
receive warrants for aid payments under Chapter 5115. of the	4795
Revised Code under procedures developed by the county, in lieu of	4796
those established under division (A) of this section, provided:	4797

(1) The information borne on the card is substantially the	4798
same as that required in division (A) of this section;	4799

(2) The county complies with any regulations adopted by the	4800
director of job and family services which are applicable to such a	4801
procedure.	4802

(C) The individual designated to receive warrants for aid	4803
payments shall present the identification card issued under this	4804
section as a condition for the acceptance and payment of the	4805
warrants.	4806

In issuing identification cards under this section, the	4807
county department shall comply with any state or federal laws	4808
governing the issuance of the cards. All expenses incurred in	4809
issuing the issuance of identification cards under this section	4810
shall be paid from funds appropriated available to the county	4811
department of job and family services for administrative expenses.	4812

Sec. 340.16. Not later than ninety days after the effective	4813
date of this section, the department of mental health and the	4814
department of job and family services shall adopt rules that	4815
establish requirements and procedures for prior notification and	4816
service coordination between public children services agencies and	4817
boards of alcohol, drug addiction, and mental health services when	4818
a public children services agency refers a child in its custody to	4819
a board for services funded by the board. The rules shall be	4820
adopted in accordance with Chapter 119. of the Revised Code.	4821

The department of mental health and department of job and	4822
family services shall collaborate in formulating a plan that	4823
delineates the funding responsibilities of public children	4824
services agencies and boards of alcohol, drug addiction, and	4825
mental health services for services provided under section	4826
5111.022 of the Revised Code to children in the custody of public	4827
children services agencies. The departments shall complete the	4828
plan not later than ninety days after the effective date of this	4829
section.	4830

Sec. 349.01.  As used in this chapter:

4831

(A) "New community" means a community or an addition to an	4832
existing community planned pursuant to this chapter so that it	4833
includes facilities for the conduct of industrial, commercial,	4834
residential, cultural, educational, and recreational activities,	4835
and designed in accordance with planning concepts for the	4836
placement of utility, open space, and other supportive facilities.	4837

(B) "New community development program" means a program for	4838
the development of a new community characterized by well-balanced	4839
and diversified land use patterns and which includes land	4840
acquisition and land development, the acquisition, construction,	4841
operation, and maintenance of community facilities, and the	4842
provision of services authorized in sections 349.01 to 349.16 of	4843
the Revised Code this chapter.	4844

(C) "New community district" means the area of land described	4845
by the developer in the petition as set forth in division (A) of	4846
section 349.03 of the Revised Code for development as a new	4847
community and any lands added to such the district by amendment of	4848
the resolution establishing the community authority.	4849

(D) "New community authority" means a body corporate and	4850
politic in this state, established pursuant to section 349.03 of	4851
the Revised Code and governed by a board of trustees as provided	4852
in section 349.04 of the Revised Code.	4853

(E) "Developer" means any person, organized for carrying out	4854
a new community development program who owns or controls, through	4855
leases of at least seventy-five years' duration, options, or	4856
contracts to purchase, the land within a new community district,	4857
or any municipality municipal corporation, county, or port	4858
authority that owns the land within a new community district, or	4859
has the ability to acquire such land, either by voluntary	4860
acquisition or condemnation in order to eliminate slum, blighted,	4861
and deteriorated or deteriorating areas and to prevent the	4862
recurrence thereof.	4863

(F) "Organizational board of commissioners" means, if the new	4864
community district is located in only one county, the board of	4865
county commissioners of such county; if located in more than one	4866
county, a board consisting of the members of the board of county	4867
commissioners of each of the counties in which the district is	4868
located, provided that action of such board shall require a	4869
majority vote of the members of each separate board of county	4870
commissioners; or, if more than half of the new community district	4871
is located within the boundaries of the most populous municipal	4872
corporation of a county, the legislative authority of the	4873
municipal corporation.	4874

(G) "Land acquisition" means the acquisition of real property	4875
and interests in real property as part of a new community	4876
development program.	4877

(H) "Land development" means the process of clearing and	4878
grading land, making, installing, or constructing water	4879
distribution systems, sewers, sewage collection systems, steam,	4880
gas, and electric lines, roads, streets, curbs, gutters,	4881
sidewalks, storm drainage facilities, and other installations or	4882
work, whether within or without the new community district, and	4883
the construction of community facilities.	4884

(I) "Community facilities" means all real property,	4885
buildings, structures, or other facilities, including related	4886
fixtures, equipment, and furnishings, to be owned, operated,	4887
financed, constructed, and maintained under this chapter,	4888
including public, community, village, neighborhood, or town	4889
buildings, centers and plazas, auditoriums, day care centers,	4890
recreation halls, educational facilities, hospital facilities as	4891
defined in section 140.01 of the Revised Code, recreational	4892
facilities, natural resource facilities, including parks and other	4893
open space land, lakes and streams, cultural facilities, community	4894
streets, pathway and bikeway systems, pedestrian underpasses and	4895
overpasses, lighting facilities, design amenities, or other	4896
community facilities, and buildings needed in connection with	4897
water supply or sewage disposal installations or steam, gas, or	4898
electric lines or installation.	4899

(J) "Cost" as applied to a new community development program	4900
means all costs related to land acquisition and land development,	4901
the acquisition, construction, maintenance, and operation of	4902
community facilities and offices of the community authority, and	4903
of providing furnishings and equipment therefor, financing charges	4904
including interest prior to and during construction and for the	4905
duration of the new community development program, planning	4906
expenses, engineering expenses, administrative expenses including	4907
working capital, and all other expenses necessary and incident to	4908
the carrying forward of the new community development program.	4909

(K) "Income source" means any and all sources of income to	4910
the community authority, including community development charges	4911
of which the new community authority is the beneficiary as	4912
provided in section 349.07 of the Revised Code, rentals, user fees	4913
and other charges received by the new community authority, any	4914
gift or grant received, any moneys received from any funds	4915
invested by or on behalf of the new community authority, and	4916
proceeds from the sale or lease of land and community facilities.	4917

(L) "Community development charge" means a dollar amount	4918
which shall be determined on the basis of the assessed valuation	4919
of real property or interests in real property in a new community	4920
district sold, leased, or otherwise conveyed by the developer or	4921
the new community authority, the income of the residents of such	4922
property subject to such charge under section 349.07 of the	4923
Revised Code, if such property is devoted to residential uses or	4924
to the profits of any business, a uniform fee on each parcel of	4925
such real property originally sold, leased, or otherwise conveyed	4926
by the developer or new community authority, or any combination of	4927
the foregoing bases.	4928

(M) "Proximate city" means any city that, as of the date of	4929
filing of the petition under section 349.03 of the Revised Code,	4930
is the most populous city of the county in which the proposed new	4931
community district is located, is the most populous city of an	4932
adjoining county if any portion of such city is within five miles	4933
of any part of the boundaries of such district, or exercises	4934
extraterritorial subdivision authority under section 711.09 of the	4935
Revised Code with respect to any part of such district.	4936

Sec. 503.162.  (A) After certification of a resolution as	4937
provided in section 503.161 of the Revised Code, the board of	4938
elections shall submit the question of whether the township's name	4939
shall be changed to the electors of the unincorporated area of the	4940
township in accordance with division (C) of that section, and the	4941
ballot language shall be substantially as follows:	4942

"Shall the township of .......... (name) change its name to	4943
........ (proposed name)?	4944

.......... For name change

4945

.......... Against name change"

4946

(B) At least forty-five days before the election on this	4947
question, the board of township trustees shall provide notice of	4948
the election and an explanation of the proposed name change in a	4949
newspaper of general circulation in the township for three	4950
consecutive weeks and shall post the notice and explanation in	4951
five conspicuous places in the unincorporated area of the	4952
township.	4953

(C) If a majority of the votes cast on the proposition of	4954
changing the township's name is in the affirmative, the name	4955
change is adopted and becomes effective ninety days after the	4956
board of elections certifies the election results to the clerk of	4957
the township. Upon receipt of the certification of the election	4958
results from the board of elections, the clerk of the township	4959
shall send a copy of that certification to the secretary of state	4960
and to the state and local government commission of Ohio.	4961

(D) A change in the name of a township shall not alter the	4962
rights or liabilities of the township as previously named.	4963

Sec. 504.03.  (A)(1) If a limited home rule government is	4964
adopted pursuant to section 504.02 of the Revised Code, it shall	4965
remain in effect for at least three years except as otherwise	4966
provided in division (B) of this section. At the end of that	4967
period, if the board of township trustees determines that that	4968
government is not in the best interests of the township, it may	4969
adopt a resolution causing the board of elections to submit to the	4970
electors of the unincorporated area of the township the question	4971
of whether the township should continue the limited home rule	4972
government. The question shall be voted upon at the next general	4973
election occurring at least seventy-five days after the	4974
certification of the resolution to the board of elections. After	4975
certification of the resolution, the board of elections shall	4976
submit the question to the electors of the unincorporated area of	4977
the township, and the ballot language shall be substantially as	4978
follows:	4979

"Shall the township of ........... (name) continue the	4980
limited home rule government under which it is operating?	4981

(2) At least forty-five days before the election on the	4984
question of continuing the limited home rule government, the board	4985
of township trustees shall have notice of the election published	4986
in a newspaper of general circulation in the township for three	4987
consecutive weeks and have the notice posted in five conspicuous	4988
places in the unincorporated area of the township.	4989

(B) The electors of a township that has adopted a limited	4990
home rule government may propose at any time by initiative	4991
petition, in accordance with section 504.14 of the Revised Code, a	4992
resolution submitting to the electors in the unincorporated area	4993
of the township, in an election, the question set forth in	4994
division (A)(1) of this section.	4995

(C) If a majority of the votes cast under division (A) or	4996
(B) of this section on the proposition of continuing the limited	4997
home rule government is in the negative, that government is	4998
terminated effective on the first day of January immediately	4999
following the election, and a limited home rule government shall	5000
not be adopted in the unincorporated area of the township pursuant	5001
to section 504.02 of the Revised Code for at least three years	5002
after that date.	5003

(D) If a limited home rule government is terminated pursuant	5004
to under this section, the board of township trustees immediately	5005
shall adopt a resolution repealing all resolutions adopted	5006
pursuant to this chapter that are not authorized by any other	5007
section of the Revised Code outside this chapter, effective on the	5008
first day of January immediately following the election described	5009
in division (A) or (B) of this section. However, no resolution	5010
adopted under this division shall affect or impair the obligations	5011
of the township under any security issued or contracts entered	5012
into by the township in connection with the financing of any water	5013
supply facility or sewer improvement under sections 504.18 to	5014
504.20 of the Revised Code or the authority of the township to	5015
collect or enforce any assessments or other revenues constituting	5016
security for or source of payments of debt service charges of	5017
those securities.	5018

(E) Upon the termination of a limited home rule government	5019
under this section, if the township had converted its board of	5020
township trustees to a five-member board under section 504.21 of	5021
the Revised Code, the current board member who received the lowest	5022
number of votes of the current board members who were elected at	5023
the most recent election for township trustees, and the current	5024
board member who received the lowest number of votes of the	5025
current board members who were elected at the second most recent	5026
election for township trustees, shall cease to be township	5027
trustees on the date that the limited home rule government	5028
terminates. Their offices likewise shall cease to exist at that	5029
time, and the board shall continue as a three-member board as	5030
provided in section 505.01 of the Revised Code.	5031

Sec. 504.04.  (A) A township that adopts a limited home rule	5032
government may do all of the following by resolution, provided	5033
that any of these resolutions, other than a resolution to supply	5034
water or sewer services in accordance with sections 504.18 to	5035
504.20 of the Revised Code, may be enforced only by the imposition	5036
of civil fines as authorized in this chapter:	5037

(1) Exercise all powers of local self-government within the	5038
unincorporated area of the township, other than powers that are in	5039
conflict with general laws, except that the township shall comply	5040
with the requirements and prohibitions of this chapter, and shall	5041
enact no taxes other than those authorized by general law, and	5042
except that no resolution adopted pursuant to this chapter shall	5043
encroach upon the powers, duties, and privileges of elected	5044
township officers or change, alter, combine, eliminate, or	5045
otherwise modify the form or structure of the township government	5046
unless the change is required or permitted by this chapter;	5047

(2) Adopt and enforce within the unincorporated area of the	5048
township local police, sanitary, and other similar regulations	5049
that are not in conflict with general laws or otherwise prohibited	5050
by division (B) of this section;	5051

(3) Supply water and sewer services to users within the	5052
unincorporated area of the township in accordance with sections	5053
504.18 to 504.20 of the Revised Code.	5054

(B) No resolution adopted pursuant to this chapter shall do	5055
any of the following:	5056

(1) Create a criminal offense or impose criminal penalties,	5057
except as authorized by division (A) of this section;	5058

(2) Impose civil fines other than as authorized by this	5059
chapter;	5060

(3) Establish or revise subdivision regulations, road	5061
construction standards, urban sediment rules, or storm water and	5062
drainage regulations;	5063

(4) Establish or revise building standards, building codes,	5064
and other standard codes except as provided in section 504.13 of	5065
the Revised Code;	5066

(5) Increase, decrease, or otherwise alter the powers or	5067
duties of a township under any other chapter of the Revised Code	5068
pertaining to agriculture or the conservation or development of	5069
natural resources;	5070

(6) Establish regulations affecting hunting, trapping,	5071
fishing, or the possession, use, or sale of firearms;	5072

(7) Establish or revise water or sewer regulations, except	5073
in accordance with sections 504.18 and 504.19 of the Revised Code.	5074

Nothing in this chapter shall be construed as affecting the	5075
powers of counties with regard to the subjects listed in divisions	5076
(B)(3) to (5) of this section.	5077

(C) Under a limited home rule government, all officers shall	5078
have the qualifications, and be nominated, elected, or appointed,	5079
as provided in Chapter 505. of the Revised Code, except that the	5080
board of township trustees shall appoint a full-time or part-time	5081
law director pursuant to section 504.15 of the Revised Code, and	5082
except that section 504.21 of the Revised Code also shall apply if	5083
a five-member board of township trustees is approved for the	5084
township.	5085

(D) In case of conflict between resolutions enacted by a	5086
board of township trustees and municipal ordinances or	5087
resolutions, the ordinance or resolution enacted by the municipal	5088
corporation prevails. In case of conflict between resolutions	5089
enacted by a board of township trustees and any county resolution,	5090
the resolution enacted by the board of township trustees prevails.	5091

Sec. 504.21. (A) By a unanimous vote, the board of township	5092
trustees of a limited home rule township may pass a resolution to	5093
place on the ballot at the next general election described in this	5094
division the question of whether the board should be converted	5095
to a five-member board. Upon passage of the resolution, the	5096
question shall be voted upon at the next general election	5097
occurring at least seventy-five days after the board certifies	5098
the resolution to the board of elections.	5099

(B) If a majority of the votes cast on the question of	5100
converting the board of township trustees to a five-member board	5101
is in the affirmative, at the next election at which any members	5102
of the board are elected, two additional board members shall be	5103
elected, one for a four-year term of office and the other for a	5104
two-year term of office. Their successors thereafter shall be	5105
elected for four-year terms of office.	5106

(C) If a board of township trustees is converted to a	5107
five-member board, the board members shall be elected by	5108
determining which individuals receive the highest number of votes	5109
from a slate of candidates running for the office of township	5110
trustee. If the first election after a township converts its	5111
board of township trustees to a five-member board is an election	5112
for three four-year term members and one two-year term member, the	5113
three candidates who receive the highest number of votes from the	5114
slate of candidates for township trustee shall serve a four-year	5115
term and the candidate who receives the fourth highest number of	5116
votes from that slate of candidates shall serve a two-year term.	5117

Sec. 505.24.  Each township trustee is entitled to	5118
compensation as follows:	5119

(A) Except as otherwise provided in division (B) of this	5120
section, an amount for each day of service in the business of the	5121
township, to be paid from the township treasury as follows:	5122

(1) In townships having a budget of fifty thousand dollars	5123
or less, twenty dollars per day for not more than two hundred	5124
days;	5125

(2) In townships having a budget of more than fifty thousand	5126
but not more than one hundred thousand dollars, twenty-four	5127
dollars per day for not more than two hundred days;	5128

(3) In townships having a budget of more than one hundred	5129
thousand but not more than two hundred fifty thousand dollars,	5130
twenty-eight dollars and fifty cents per day for not more than two	5131
hundred days;	5132

(4) In townships having a budget of more than two hundred	5133
fifty thousand but not more than five hundred thousand dollars,	5134
thirty-three dollars per day for not more than two hundred days;	5135

(5) In townships having a budget of more than five hundred	5136
thousand but not more than seven hundred fifty thousand dollars,	5137
thirty-five dollars per day for not more than two hundred days;	5138

(6) In townships having a budget of more than seven hundred	5139
fifty thousand but not more than one million five hundred thousand	5140
dollars, forty dollars per day for not more than two hundred days;	5141

(7) In townships having a budget of more than one million	5142
five hundred thousand but not more than three million five hundred	5143
thousand dollars, forty-four dollars per day for not more than two	5144
hundred days;	5145

(8) In townships having a budget of more than three million	5146
five hundred thousand dollars but not more than six million	5147
dollars, forty-eight dollars per day for not more than two hundred	5148
days;	5149

(9) In townships having a budget of more than six million	5150
dollars, fifty-two dollars per day for not more than two hundred	5151
days.	5152

(B) Beginning in calendar year 1999, the amounts paid as	5153
specified in division (A) of this section shall be replaced by the	5154
following amounts:	5155

(1) In calendar year 1999, the amounts specified in division	5156
(A) of this section increased by three per cent;	5157

(2) In calendar year 2000, the amounts determined under	5158
division (B)(1) of this section increased by three per cent;	5159

(3) In calendar year 2001, the amounts determined under	5160
division (B)(2) of this section increased by three per cent;	5161

(4) In calendar year 2002, except in townships having a	5162
budget of more than six million dollars, the amounts determined	5163
under division (B)(3) of this section increased by three per cent;	5164
in townships having a budget of more than six million but not more	5165
than ten million dollars, seventy dollars per day for not more	5166
than two hundred days; and in townships having a budget of more	5167
than ten million dollars, ninety dollars per day for not more than	5168
two hundred days;	5169

(5) In calendar years 2003 through 2008, the amounts	5170
determined under division (B) of this section for the immediately	5171
preceding calendar year increased by the lesser of the following:	5172

(a) Three per cent;

5173

(b) The percentage increase, if any, in the consumer price	5174
index over the twelve-month period that ends on the thirtieth day	5175
of September of the immediately preceding calendar year, rounded	5176
to the nearest one-tenth of one per cent;	5177

(6) In calendar year 2009 and thereafter, the amount	5178
determined under division (B) of this section for calendar year	5179
2008.	5180

As used in division (B) of this section, "consumer price	5181
index" has the same meaning as in section 325.18 of the Revised	5182
Code.	5183

(C) Whenever members of a board of township trustees are	5184
compensated per diem and not by annual salary, the board shall	5185
establish, by resolution, a method by which each member of the	5186
board shall periodically notify the township clerk of the number	5187
of days spent in the service of the township and the kinds of	5188
services rendered on those days. The per diem compensation shall	5189
be paid from the township general fund or from other township	5190
funds in such proportions as the kinds of services performed may	5191
require. The notice shall be filed with the township clerk and	5192
preserved for inspection by any persons interested.	5193

By unanimous vote, a board of township trustees may adopt a	5194
method of compensation consisting of an annual salary to be paid	5195
in equal monthly payments. If the office of trustee is held by	5196
more than one person during any calendar year, each person holding	5197
the office shall receive payments for only those months, and any	5198
fractions of those months, during which the person holds the	5199
office. The amount of the annual salary approved by the board	5200
shall be no more than the maximum amount that could be received	5201
annually by a trustee if the trustee were paid on a per diem basis	5202
as specified in this division, and shall be paid from the township	5203
general fund or from other township funds in such proportions as	5204
the board may specify by resolution. A board of township trustees	5205
that has adopted a salary method of compensation may return to a	5206
method of compensation on a per diem basis as specified in this	5207
division by a majority vote. Any change in the method of	5208
compensation shall be effective on the first day of January of the	5209
year following the year during which the board has voted to change	5210
the method of compensation.	5211

Sec. 507.09.  (A) Except as otherwise provided in division	5212
(D) of this section, the township clerk shall be entitled to	5213
compensation as follows:	5214

(1) In townships having a budget of fifty thousand dollars	5215
or less, three thousand five hundred dollars;	5216

(2) In townships having a budget of more than fifty thousand	5217
but not more than one hundred thousand dollars, five thousand five	5218
hundred dollars;	5219

(3) In townships having a budget of more than one hundred	5220
thousand but not more than two hundred fifty thousand dollars,	5221
seven thousand seven hundred dollars;	5222

(4) In townships having a budget of more than two hundred	5223
fifty thousand but not more than five hundred thousand dollars,	5224
nine thousand nine hundred dollars;	5225

(5) In townships having a budget of more than five hundred	5226
thousand but not more than seven hundred fifty thousand dollars,	5227
eleven thousand dollars;	5228

(6) In townships having a budget of more than seven hundred	5229
fifty thousand but not more than one million five hundred thousand	5230
dollars, thirteen thousand two hundred dollars;	5231

(7) In townships having a budget of more than one million	5232
five hundred thousand but not more than three million five hundred	5233
thousand dollars, fifteen thousand four hundred dollars;	5234

(8) In townships having a budget of more than three million	5235
five hundred thousand dollars but not more than six million	5236
dollars, sixteen thousand five hundred dollars;	5237

(9) In townships having a budget of more than six million	5238
dollars, seventeen thousand six hundred dollars.	5239

(B) Any township clerk may elect to receive less than the	5240
compensation the clerk is entitled to under division (A) of this	5241
section. Any clerk electing to do this shall so notify the board	5242
of township trustees in writing, and the board shall include this	5243
notice in the minutes of its next board meeting.	5244

(C) The compensation of the township clerk shall be paid in	5245
equal monthly payments. If the office of clerk is held by more	5246
than one person during any calendar year, each person holding the	5247
office shall receive payments for only those months, and any	5248
fractions of those months, during which the person holds the	5249
office.	5250

(D) Beginning in calendar year 1999, the township clerk	5251
shall be entitled to compensation as follows:	5252

(1) In calendar year 1999, the compensation specified in	5253
division (A) of this section increased by three per cent;	5254

(2) In calendar year 2000, the compensation determined under	5255
division (D)(1) of this section increased by three per cent;	5256

(3) In calendar year 2001, the compensation determined under	5257
division (D)(2) of this section increased by three per cent;	5258

(4) In calendar year 2002, except in townships having a	5259
budget of more than six million dollars, the compensation	5260
determined under division (D)(3) of this section increased by	5261
three per cent; in townships having a budget of more than six	5262
million but not more than ten million dollars, nineteen thousand	5263
eight hundred ten dollars; and in townships having a budget of	5264
more than ten million dollars, twenty thousand nine hundred	5265
dollars;	5266

(5) In calendar years 2003 through 2008, the compensation	5267
determined under division (D) of this section for the immediately	5268
preceding calendar year increased by the lesser of the following:	5269

(a) Three per cent;

5270

(b) The percentage increase, if any, in the consumer price	5271
index over the twelve-month period that ends on the thirtieth day	5272
of September of the immediately preceding calendar year, rounded	5273
to the nearest one-tenth of one per cent;	5274

(6) In calendar year 2009 and thereafter, the amount	5275
determined under division (D) of this section for calendar year	5276
2008.	5277

As used in this division, "consumer price index" has the same	5278
meaning as in section 325.18 of the Revised Code.	5279

Sec. 901.43.  (A) The director of agriculture may authorize	5280
any department of agriculture laboratory to perform a laboratory	5281
service for any person, organization, political subdivision, state	5282
agency, federal agency, or other entity, whether public or	5283
private. The director shall adopt and enforce rules to provide	5284
for the rendering of a laboratory service.	5285

(B) The director may charge a reasonable fee for the	5286
performance of a laboratory service, except when the service is	5287
performed on an official sample taken by the director acting	5288
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	5289
Revised Code; by a board of health acting as the licensor of	5290
retail food establishments or food service operations under	5291
Chapter 3717. of the Revised Code; or by the director of health	5292
acting as the licensor of food service operations under Chapter	5293
3717. of the Revised Code. The director of agriculture shall	5294
adopt rules specifying what constitutes an official sample.	5295

The director shall publish a list of laboratory services	5296
offered, together with the fee for each service.	5297

(C) The director may enter into a contract with any person,	5298
organization, political subdivision, state agency, federal agency,	5299
or other entity for the provision of a laboratory service.	5300

(D)(1) The director may adopt rules establishing standards	5301
for accreditation of laboratories and laboratory services and in	5302
doing so may adopt by reference existing or recognized standards	5303
or practices.	5304

(2) The director may inspect and accredit laboratories and	5305
laboratory services, and may charge a reasonable fee for the	5306
inspections and accreditation.	5307

(E)(1) All moneys collected by the director under this	5308
section that are from fees generated by a laboratory service	5309
performed by the department and related to the diseases of	5310
animals, and all moneys so collected that are from fees generated	5311
for the inspection and accreditation of laboratories and	5312
laboratory services related to the diseases of animals, shall be	5313
deposited in the animal industry laboratory fund, which is hereby	5314
created in the state treasury. The director shall use the moneys	5315
in the animal industry laboratory fund to pay the expenses	5316
necessary to operate the animal industry laboratory, including the	5317
purchase of supplies and equipment for the laboratory that	5318
provides laboratory services related to the diseases of animals.	5319

(2) All moneys collected by the director under this section	5320
that are from fees generated by a laboratory service performed by	5321
the consumer analytical laboratory, and all moneys so collected	5322
that are from fees generated for the inspection and accreditation	5323
of laboratories and laboratory services not related to weights and	5324
measures or the diseases of animals, shall be deposited in the	5325
laboratory services fund, which is hereby created in the state	5326
treasury. The moneys held in the fund may be used to pay the	5327
expenses necessary to operate the consumer analytical laboratory,	5328
including the purchase of supplies and equipment.	5329

(3) All moneys collected by the director under this section	5330
that are from fees generated by a laboratory service performed by	5331
the weights and measures laboratory, and all moneys so collected	5332
that are from fees generated for the inspection and accreditation	5333
of laboratories and laboratory services related to weights and	5334
measures, shall be deposited in the weights and measures	5335
laboratory fund, which is hereby created in the state treasury.	5336
The moneys held in the fund may be used to pay the expenses	5337
necessary to operate the division of weights and measures,	5338
including the purchase of supplies and equipment.	5339

Sec. 901.63.  (A) The agricultural financing commission	5340
shall do both of the following until July 1, 2001 2003:	5341

(1) Make recommendations to the director of agriculture	5342
about financial assistance applications made pursuant to sections	5343
901.80 to 901.83 of the Revised Code. In making its	5344
recommendations, the commission shall utilize criteria established	5345
by rules adopted under division (A)(8)(b) of section 901.82 of the	5346
Revised Code.	5347

(2) Advise the director in the administration of sections	5348
901.80 to 901.83 of the Revised Code.	5349

With respect to sections 901.80 to 901.83 of the Revised	5350
Code, the role of the commission is solely advisory. No officer,	5351
member, or employee of the commission is liable for damages in a	5352
civil action for any injury, death, or loss to person or property	5353
that allegedly arises out of purchasing any loan or providing a	5354
loan guarantee, failure to purchase a loan or provide a loan	5355
guarantee, or failure to take action under sections 901.80 to	5356
901.83 of the Revised Code, or that allegedly arises out of any	5357
act or omission of the department of agriculture that involves	5358
those sections.	5359

(B) The commission may:

5360

(1) Adopt bylaws for the conduct of its business;

5361

(2) Exercise all rights, powers, and duties conferred on the	5362
commission as an issuer under Chapter 902. of the Revised Code;	5363

(3) Contract with, retain, or designate financial	5364
consultants, accountants, and such other consultants and	5365
independent contractors as the commission may determine to be	5366
necessary or appropriate to carry out the purposes of this chapter	5367
and to fix the terms of those contracts;	5368

(4) Undertake and carry out or authorize the completion of	5369
studies and analyses of agricultural conditions and needs within	5370
the state relevant to the purpose of this chapter to the extent	5371
not otherwise undertaken by other departments or agencies of the	5372
state satisfactory for such that purpose;	5373

(5) Acquire by gift, purchase, foreclosure, or other means,	5374
and hold, assign, pledge, lease, transfer, or otherwise dispose	5375
of, real and personal property, or any interest in that real and	5376
personal property, in the exercise of its powers and the	5377
performance of its duties under this chapter and Chapter 902. of	5378
the Revised Code;	5379

(6) Receive and accept gifts, grants, loans, or any other	5380
financial or other form of aid from any federal, state, local, or	5381
private agency or fund and enter into any contract with any such	5382
agency or fund in connection therewith, and receive and accept aid	5383
or contributions from any other source of money, property, labor,	5384
or things of value, to be held, used, and applied only for the	5385
purposes for which such the grants and contributions are made, all	5386
within the purposes of this chapter and Chapter 902. of the	5387
Revised Code;	5388

(7) Sue and be sued in its own name with respect to its	5389
contracts or to enforce this chapter or its obligations or	5390
covenants made under this chapter and Chapter 902. of the Revised	5391
Code;	5392

(8) Make and enter into all contracts, commitments, and	5393
agreements, and execute all instruments necessary or incidental to	5394
the performance of its duties and the execution of its powers	5395
under this chapter and Chapter 902. of the Revised Code;	5396

(9) Adopt an official seal;

5397

(10) Do any and all things necessary or appropriate to carry	5398
out the public purposes and exercise the powers granted to the	5399
commission in this chapter and Chapter 902. of the Revised Code	5400
and the public purposes of Section 13 of Article VIII, Ohio	5401
Constitution.	5402

Any instrument by which real property is acquired pursuant to	5403
this section shall identify the agency of the state that has the	5404
use and benefit of the real property as specified in section	5405
5301.012 of the Revised Code.	5406

Sec. 901.81.  (A) As used in this section and sections	5407
901.82 and 901.83 of the Revised Code:	5408

(1) "Financial institution" means any banking corporation;	5409
trust company; savings and loan association; building and loan	5410
association; or corporation, partnership, or other institution	5411
that is engaged in lending or investing funds for agricultural or	5412
other business purposes and that is eligible to become a	5413
depository for public moneys under section 135.03 of the Revised	5414
Code.	5415

(2) "Eligible applicant" means a person who has made all of	5416
the demonstrations enumerated in division (B) of section 901.82 of	5417
the Revised Code.	5418

(B) A financial institution that wishes to participate in	5419
the program established under section 901.80 of the Revised Code	5420
shall accept and review applications for loans from eligible	5421
applicants. Forms and procedures involved in the application	5422
process shall comply with rules adopted under division (A)(8)(a)	5423
of section 901.82 of the Revised Code. The financial institution	5424
shall apply all usual lending standards to determine the	5425
creditworthiness of each eligible applicant, including whether the	5426
eligible applicant has the ability to repay the loan and whether	5427
adequate security exists for the loan.	5428

The financial institution shall forward to the department of	5429
development agriculture the completed loan application of an	5430
eligible applicant whom the financial institution has determined	5431
to be creditworthy, along with the farm business plan and	5432
management strategy required by division (A)(5) of section 901.82	5433
of the Revised Code, and any other information required by rules	5434
adopted under division (A)(8) of section 901.82 of the Revised	5435
Code. If a loan guarantee is involved, the financial institution	5436
also shall forward a request by the financial institution to enter	5437
into a contract of guarantee described in section 901.83 of the	5438
Revised Code.	5439

The department of development shall proceed with the loan	5440
application in accordance with division (A)(12) of section 122.011	5441
901.82 of the Revised Code.	5442

Sec. 901.82.  (A) In administering the program established	5443
under section 901.80 of the Revised Code, the director of	5444
agriculture shall do all of the following:	5445

(1) Receive, review, analyze, and summarize applications for	5446
financial assistance forwarded to the director by the department	5447
of development, a financial institution under section 901.81 of	5448
the Revised Code and, after processing, forward them to the	5449
agricultural financing commission together with necessary	5450
supporting information;	5451

(2) Receive the recommendations of the commission made under	5452
division (A)(1) of section 901.63 of the Revised Code and make a	5453
final determination whether to approve the an application for	5454
financial assistance;	5455

(3) Transmit the director's determinations to approve	5456
assistance to the controlling board together with any information	5457
the controlling board requires for its review and its decision	5458
whether to approve the release of money for the financial	5459
assistance;	5460

(4) Work in conjunction with financial institutions and	5461
other private and public financing sources to purchase loans from	5462
financial institutions or provide loan guarantees to eligible	5463
applicants;	5464

(5) Require each applicant to provide a farm business plan,	5465
including an overview of the type of agricultural operation the	5466
applicant anticipates conducting, and a management strategy for	5467
the project;	5468

(6) Inform agricultural organizations and others in the	5469
state of the existence of the program established under section	5470
901.80 of the Revised Code and of the financial assistance	5471
available under the program;	5472

(7) Report to the governor, president of the senate, speaker	5473
of the house of representatives, and minority leaders of the	5474
senate and the house of representatives by the thirtieth day of	5475
June of each year on the activities carried out under the program	5476
during the preceding calendar year. The report shall include the	5477
number of loans purchased or loan guarantees made that year, the	5478
amount of each such loan or loan guarantee, the county in which	5479
the loan recipient's farm is located, and whatever other	5480
information the director determines is relevant to include.	5481

(8) Adopt rules in accordance with Chapter 119. of the	5482
Revised Code establishing all of the following with regard to the	5483
program:	5484

(a) Forms and procedures by which eligible applicants may	5485
apply for financial assistance;	5486

(b) Criteria for reviewing, evaluating, and ranking	5487
applications, and for approving applications that best serve the	5488
goals of the program;	5489

(c) Reporting requirements and monitoring procedures;

5490

(d) Interest rates, payment schedules, loan transfer	5491
provisions, penalties, including penalties for the conversion of	5492
land devoted exclusively to agricultural use as defined in section	5493
5713.30 of the Revised Code, and other terms and conditions for	5494
loans purchased and loan guarantees provided under the program;	5495

(e) Criteria for determining whether the location at which	5496
the applicant proposes to use financial assistance provided under	5497
the program is in an area in which agriculture is the primary land	5498
use at the time the application is made and whether the land at	5499
that location reasonably may not be expected to be converted to a	5500
nonagricultural use during the period of time that the applicant's	5501
obligation to repay the loan remains outstanding;	5502

(f) Any other rules necessary to implement and administer	5503
the program.	5504

(B) In order to be eligible for financial assistance under	5505
section 901.80 of the Revised Code, an applicant shall demonstrate	5506
all of the following:	5507

(1) That the applicant is domiciled in this state;

5508

(2) That the applicant is unable to obtain sufficient	5509
financing from commercial or agricultural lending sources;	5510

(3) That the applicant has the ability to repay the loan,	5511
primarily from the cash flow of the proposed farming operation,	5512
and that there is adequate security for the loan;	5513

(4) That the applicant has sufficient education, training,	5514
or experience in the type of farming for which the applicant	5515
requests the financial assistance;	5516

(5) That there are no zoning restrictions, environmental	5517
regulations, or other impairments to the use of the land for the	5518
purpose intended;	5519

(6) That the location at which the applicant proposes to use	5520
the financial assistance is in an area in which agriculture is the	5521
primary land use at the time the application is made and that the	5522
land at that location reasonably may not be expected to be	5523
converted to a nonagricultural use during the period of time that	5524
the applicant's obligation to repay the financial assistance	5525
remains outstanding. In demonstrating the information required	5526
under division (B)(5)(6) of this section, the applicant shall	5527
utilize criteria established in rules adopted under division	5528
(A)(8)(e) of this section.	5529

Sec. 917.07.  The dairy industry fund is hereby created in	5530
the state treasury. All inspection fees and license fees	5531
collected under this chapter shall be deposited into the fund.	5532

The dairy fund is hereby created in the state treasury. All	5533
together with all fine moneys received by the treasurer of state	5534
pursuant to division (E)(F) of section 917.99 of the Revised Code	5535
and any other moneys collected under this chapter, except for	5536
inspection fees and license fees, shall be deposited into the	5537
fund.	5538

Moneys credited to the dairy industry fund and the dairy fund	5539
shall be used to operate and pay expenses of the division of dairy	5540
in the department of agriculture.	5541

Sec. 917.99.  (A) Whoever violates division (C) of section	5542
917.09 of the Revised Code is guilty of a misdemeanor of the	5543
second degree on a first offense and a misdemeanor of the first	5544
degree on each subsequent offense.	5545

(B) Whoever violates section 917.13 or 917.14 of the Revised	5546
Code is guilty of a misdemeanor of the first degree on a first	5547
offense, a felony of the fifth degree on a second offense, and a	5548
felony of the fourth degree on each subsequent offense.	5549

(C) Whoever violates division (A), (B), (C), (D), or (G) of	5550
section 917.05 of the Revised Code is guilty of a misdemeanor of	5551
the fourth degree.	5552

(D) Whoever violates division (E) or (F) of section 917.05	5553
of the Revised Code is guilty of a misdemeanor of the second	5554
degree on a first offense and a misdemeanor of the first degree on	5555
each subsequent offense.	5556

(E) Each day of violation of a provision described in	5557
divisions (A) to (D) of this section constitutes a separate	5558
offense.	5559

(F) The court imposing a fine under divisions (A) to (D) of	5560
this section shall order that not less than fifty per cent of the	5561
fine be disbursed to the treasurer of state for deposit into the	5562
dairy industry fund created in section 917.07 of the Revised Code.	5563
Subject to that minimum percentage, the court's order shall	5564
specify the percentage of the fine that the clerk of the court	5565
shall disburse to the treasurer of state. The clerk of the court	5566
shall disburse the remainder of the fine to the county treasurer.	5567

Sec. 991.20. The Ohio state fair shall not be held open to	5568
the public for more than fifteen days in a calendar year,	5569
beginning in the year 2002. The fifteen-day period shall not	5570
include any day on which livestock exhibits or other attractions	5571
or concessions are being set up or taken down, provided that the	5572
fair is not open to the public on any such day.	5573

Sec. 1309.40.  (A) Presentation for filing of a financing	5574
statement, tender of the filing fee, and acceptance of the	5575
statement by the filing officer constitute filing under sections	5576
1309.01 to 1309.50 of the Revised Code.	5577

(B)(1) Except as provided in divisions (B)(2) and (F) of	5578
this section, a filed financing statement is effective for a	5579
period of five years from the date of filing. The effectiveness	5580
of a filed financing statement lapses on the expiration of the	5581
five-year period unless a continuation statement is filed prior to	5582
the lapse. If a security interest perfected by filing exists at	5583
the time insolvency proceedings are commenced by or against the	5584
debtor, the security interest remains perfected until termination	5585
of the insolvency proceedings and thereafter for a period of sixty	5586
days or until expiration of the five-year period, whichever occurs	5587
later. Upon lapse the security interest becomes unperfected,	5588
unless it is perfected without filing. If the security interest	5589
becomes unperfected upon lapse, it is deemed to have been	5590
unperfected as against a person who became a purchaser or lien	5591
creditor before lapse.	5592

(2) A filed financing statement that states that it relates	5593
to an obligation secured by both (a) a mortgage upon real estate	5594
filed for record within this state and (b) a security interest in	5595
collateral, whether or not such collateral includes or consists of	5596
goods which are or are to become fixtures situated upon such real	5597
estate, shall, if such financing statement states a maturity date	5598
of such obligation, or the final installment thereof, of more than	5599
five years, be fully effective until the maturity date set forth	5600
therein. Such financing statement shall also contain a reference	5601
to the recorder's file number of the mortgage upon real estate or	5602
to the volume and page of the mortgage record in which such	5603
mortgage is recorded.	5604

(C) A continuation statement may be filed by the secured	5605
party within six months prior to the expiration of the five-year	5606
period specified in division (B)(1) of this section, or within six	5607
months prior to the stated maturity date referred to in division	5608
(B)(2) of this section. A continuation statement shall be filed	5609
on a form prescribed by the secretary of state. A continuation	5610
statement filed in the office of the county recorder shall also	5611
comply with Chapter 317. of the Revised Code. The continuation	5612
statement must be signed by the secured party, identify the	5613
original statement by file number, and state that the original	5614
statement is still effective. A continuation statement signed by	5615
a person other than the secured party of record must be	5616
accompanied by a separate written statement of assignment signed	5617
by the secured party of record and complying with division (B) of	5618
section 1309.42 of the Revised Code, including payment of the	5619
required fee. Upon timely filing of the continuation statement,	5620
the effectiveness of the original statement is continued for five	5621
years after the last date to which the filing was effective	5622
whereupon it lapses in the same manner as provided in division (B)	5623
of this section unless another continuation statement is filed	5624
prior to such lapse. Succeeding continuation statements may be	5625
filed in the same manner to continue the effectiveness of the	5626
original statement. The filing officer may remove a lapsed	5627
statement from the files and destroy it immediately if the filing	5628
officer has retained a microfilm or other photographic record, or	5629
in other cases one year after the lapse. The filing officer shall	5630
so arrange matters by physical annexation of financing statements	5631
to continuation statements or other related filings, or by other	5632
means, that if the filing officer physically destroys the	5633
financing statements of a period more than five years past, those	5634
which have been continued by a continuation statement or which are	5635
still effective under division (B)(2) or (F) of this section shall	5636
be retained.	5637

(D) Except as provided in division (G) of this section, a	5638
filing officer shall assign each statement a consecutive file	5639
number and shall hold the statement or a microfilm or other	5640
photographic or digitized copy thereof for public inspection. In	5641
addition, the filing officer shall index the statements according	5642
to the name of the debtor and shall note in the index the file	5643
number, the date and hour of filing, and the address of the debtor	5644
given in the statement. In addition to the indexing required in	5645
the previous sentence, statements covering crops growing or to be	5646
grown or timber to be cut or minerals or the like, including oil	5647
and gas, or accounts subject to division (E) of section 1309.03 of	5648
the Revised Code, or a financing statement filed as a fixture	5649
filing pursuant to section 1309.32 of the Revised Code shall also	5650
be indexed in the real estate mortgage records by the filing	5651
officer according to the name of the debtor or, if the financing	5652
statement shows the record owner or record lessee to be other than	5653
the debtor, then according to the name of the record owner or	5654
record lessee given in the statement. The fee to be charged for	5655
indexing financing statements in the real estate mortgage records	5656
shall be two dollars for each record owner or lessee listed in the	5657
statement, as provided in division (E) of section 317.32 of the	5658
Revised Code.	5659

(E) The fee for filing, indexing, and furnishing filing data	5660
for an original, amended, or a continuation statement on a form	5661
that is prescribed by the secretary of state shall be nine twelve	5662
dollars. The fee for filing, indexing, and furnishing filing data	5663
for an original, amended, or a continuation statement on a form	5664
that is not prescribed by the secretary of state and that is filed	5665
in the office of the county recorder shall be eleven dollars.	5666

(F) If the debtor is a transmitting utility and a filed	5667
financing statement so states, it is effective until a termination	5668
statement is filed. A real estate mortgage that is effective as a	5669
fixture filing under division (E) of section 1309.39 of the	5670
Revised Code remains effective as a fixture filing until the	5671
mortgage is released or satisfied of record or its effectiveness	5672
otherwise terminates as to the real estate.	5673

(G) If the person filing any original or amended financing	5674
statement, termination statement, statement of assignment, or	5675
statement of release requests a copy thereof, the filing officer	5676
shall note upon the copy the file number and date and hour of the	5677
filing of the original and deliver or send the copy to such	5678
person.	5679

(H)(1) Upon request of any person, the filing officer shall	5680
issue a certificate showing whether there is on file on the date	5681
and hour stated therein in the certificate, any presently	5682
effective financing statement naming a particular debtor, owner,	5683
or lessee, and any statement of assignment thereof of the	5684
financing statement, and, if there is, giving the date and hour of	5685
filing of each such statement and the names and addresses of each	5686
secured party therein in each such statement. The fee for such a	5687
certificate shall be nine twenty dollars plus one dollar for each	5688
financing statement and for each statement of assignment reported	5689
therein. Upon	5690

(2) Upon request, the a county recorder who is a filing	5691
officer shall furnish to any person a copy of any filed financing	5692
statement or naming a particular debtor, owner, or lessee and any	5693
filed statement of assignment of the financing statement. When	5694
such a request for copies is made in the office of the county	5695
recorder, the county recorder shall charge a fee of one dollar per	5696
page. When a request for copies is made in the office of the	5697
secretary of state, the fee shall not exceed one dollar per page.	5698

(3) Any person may request from the secretary of state a	5699
copy of any financing statement naming a particular debtor, owner,	5700
or lessee, and of any statement of assignment of the financing	5701
statement, that is on file with the secretary of state. The	5702
request shall be made in writing to the secretary of state, and	5703
the secretary of state shall charge and collect a fee of five	5704
dollars for each copy requested.	5705

Sec. 1309.401.  Through June 30, 2001, four dollars and fifty	5706
cents, and, on and after July 1, 2001, four dollars, of each fee	5707
collected by the secretary of state under sections 1309.42 and	5708
1309.43 and divisions (E) and (H) of section 1309.40 of the	5709
Revised Code, and all of the fees collected by the secretary of	5710
state under section 1309.402 (A) All fees collected by the	5711
secretary of state for filings under Title XIII or XVII of the	5712
Revised Code, shall be deposited in into the state treasury to the	5713
credit of the corporate and uniform commercial code filing fund,	5714
which is hereby created. The remainder of each such fee shall be	5715
deposited in the general revenue fund. All moneys credited to the	5716
corporate and uniform commercial code filing fund, subject to	5717
division (B) of this section, shall be used only for the purpose	5718
of paying for the operations of the office of the secretary of	5719
state, other than the division of elections, and for the purpose	5720
of paying for expenses relating to the processing of filings under	5721
Title XIII or XVII and Chapter 1329. of the Revised Code and the	5722
uniform commercial code.	5723

(B) The secretary of state business technology fund is	5724
hereby created in the state treasury. One per cent of the money	5725
credited to the corporate and uniform commercial code filing fund	5726
shall be transferred to the credit of this fund. All moneys	5727
credited to this fund shall be used only for the upkeep,	5728
improvement, or replacement of equipment, or for the purpose of	5729
training employees in the use of equipment, used to conduct	5730
business of the secretary of state's office under Title XIII or	5731
XVII of the Revised Code.	5732

Sec. 1309.402.  The fee for expedited filing service by the	5733
secretary of state for any filing under this chapter is ten	5734
dollars in addition to shall be the fee set by rule under division	5735
(A) of section 111.23 of the Revised Code plus the fee the	5736
secretary of state is otherwise required to collect for the filing	5737
under this chapter.	5738

Sec. 1309.42.  (A) A financing statement may disclose an	5739
assignment of a security interest in the collateral described in	5740
the financing statement by indication in the financing statement	5741
of the name and address of the assignee or by an assignment itself	5742
or a copy thereof on the face or back of the statement. On	5743
presentation to the filing officer of such a financing statement,	5744
the filing officer shall proceed as provided in division (D) of	5745
section 1309.40 of the Revised Code. The fee for filing,	5746
indexing, and furnishing filing data for a financing statement so	5747
indicating an assignment shall be nine twelve dollars.	5748

(B) A secured party may assign of record all or a part of	5749
the secured party's rights under a financing statement by the	5750
filing in the place where the original financing statement was	5751
filed of a separate written statement of assignment. The	5752
statement of assignment shall be on a form prescribed by the	5753
secretary of state, shall be signed by the secured party of	5754
record, shall set forth the name of the secured party of record	5755
and the debtor, the file number and the date of filing of the	5756
financing statement, and the name and address of the assignee, and	5757
shall contain a description of the collateral assigned. A	5758
statement of assignment filed in the office of the county recorder	5759
shall also comply with Chapter 317. of the Revised Code. On	5760
presentation to the filing officer of a separate statement of	5761
assignment, the filing officer shall mark the separate statement	5762
with the date and hour of filing. The filing officer shall note	5763
the assignment on the index of the financing statement, or in the	5764
case of a fixture filing, or a filing covering crops growing or to	5765
be grown or timber to be cut, or covering minerals or the like,	5766
including oil and gas, or accounts subject to division (E) of	5767
section 1309.03 of the Revised Code, the filing officer shall	5768
index the assignment under the name of the assignor as grantor	5769
and, to the extent that the law of this state provides for	5770
indexing the assignment of a mortgage under the name of the	5771
assignee, the filing officer shall index the assignment of the	5772
financing statement under the name of the assignee. The fee for	5773
filing, indexing, and furnishing filing data about such a separate	5774
statement of assignment shall be nine twelve dollars if on a form	5775
prescribed by the secretary of state. The fee for filing,	5776
indexing, and furnishing filing data about such a separate	5777
statement of assignment on a form that is not prescribed by the	5778
secretary of state and that is filed in the office of the county	5779
recorder shall be eleven dollars. Notwithstanding the provisions	5780
of this division, an assignment of record of a security interest	5781
in a fixture contained in a mortgage effective as a fixture filing	5782
pursuant to division (E) of section 1309.39 of the Revised Code	5783
may be made only by an assignment of the mortgage in the manner	5784
provided by the law of this state other than sections 1309.01 to	5785
1309.50 of the Revised Code.	5786

(C) After the disclosure or filing of an assignment under	5787
this section, the assignee is the secured party of record.	5788

Sec. 1329.01.  (A) As used in sections 1329.01 to 1329.10 of	5789
the Revised Code:	5790

(1) "Trade name" means a name used in business or trade to	5791
designate the business of the user and to which the user asserts a	5792
right to exclusive use.	5793

(2) "Fictitious name" means a name used in business or trade	5794
that is fictitious and that the user has not registered or is not	5795
entitled to register as a trade name. It does not include the	5796
name of record of any domestic corporation that is formed under	5797
Chapter 1701. or 1702. of the Revised Code, any foreign	5798
corporation that is registered pursuant to Chapter 1703. of the	5799
Revised Code, any domestic or foreign limited liability company	5800
that is formed under or registered pursuant to Chapter 1705. of	5801
the Revised Code, any domestic or foreign limited partnership that	5802
is formed under or registered pursuant to Chapter 1782. of the	5803
Revised Code, or any domestic or foreign limited liability	5804
partnership that is formed under or registered pursuant to Chapter	5805
1775. of the Revised Code.	5806

(3) "Person" includes any individual, general partnership,	5807
limited partnership, limited liability partnership, corporation,	5808
association, professional association, limited liability company,	5809
society, foundation, federation, or organization formed under the	5810
laws of this state or any other state.	5811

(B) Subject to sections 1329.01 to 1329.10 of the Revised	5812
Code, any person may register with the secretary of state, on a	5813
form prescribed by the secretary of state, any trade name under	5814
which the person is operating, setting forth all of the following:	5815

(1) The name and business address of the applicant for	5816
registration and any of the following that is applicable:	5817

(a) If the applicant is a general partnership, the names and	5818
residence addresses of all of the partners;	5819

(b) If the applicant is a limited partnership existing prior	5820
to July 1, 1994, that has not registered with the secretary of	5821
state pursuant to Chapter 1782. of the Revised Code, the name of	5822
the Ohio county in which its certificate of limited partnership or	5823
application for registration as a foreign limited partnership is	5824
filed;	5825

(c) If the applicant is a limited partnership to which	5826
division (B)(1)(b) of this section does not apply or is a	5827
corporation, professional association, limited liability company,	5828
or other entity, the form of the entity and the state under the	5829
laws of which it was formed.	5830

(2) The trade name to be registered;

5831

(3) The general nature of the business conducted by the	5832
applicant;	5833

(4) The length of time during which the trade name has been	5834
used by the applicant in business operations in this state.	5835

(C) The trade name application shall be signed by the	5836
applicant or by any authorized representative of the applicant.	5837

A single trade name may be registered upon each trade name	5838
application submitted under sections 1329.01 to 1329.10 of the	5839
Revised Code.	5840

The trade name application shall be accompanied by a filing	5841
fee of twenty fifty dollars, payable to the secretary of state.	5842

(D) Any person who does business under a fictitious name and	5843
who has not registered and does not wish to register the	5844
fictitious name as a trade name or who cannot do so because the	5845
name is not available for registration shall report the use of the	5846
fictitious name to the secretary of state, on a form prescribed by	5847
the secretary of state, setting forth all of the following:	5848

(1) The name and business address of the user and any of the	5849
following that is applicable:	5850

(a) If the user is a general partnership, the names and	5851
residence addresses of all the partners;	5852

(b) If the user is a limited partnership existing prior to	5853
July 1, 1994, that has not been registered with the secretary of	5854
state pursuant to Chapter 1782. of the Revised Code, the name of	5855
the Ohio county in which its certificate of limited partnership or	5856
application for registration as a foreign limited partnership is	5857
filed;	5858

(c) If the user is a limited partnership to which division	5859
(D)(1)(b) of this section does not apply or is a corporation,	5860
professional association, limited liability company, or other	5861
entity, the form of the entity and the state under whose laws it	5862
was formed.	5863

(2) The fictitious name being used;

5864

(3) The general nature of the business conducted by the	5865
user.	5866

(E) The report of use of a fictitious name shall be signed	5867
by the user or by any authorized representative of the user.	5868

A single fictitious name may be registered upon each	5869
fictitious name report submitted under sections 1329.01 to 1329.10	5870
of the Revised Code.	5871

The fictitious name report shall be accompanied by a filing	5872
fee of ten fifty dollars, payable to the secretary of state.	5873

A report under this division shall be made within thirty days	5874
after the date of the first use of the fictitious name.	5875

Sec. 1329.04.  Registration of a trade name or report of a	5876
fictitious name, under sections 1329.01 to 1329.10 of the Revised	5877
Code, shall be effective for a term of five years from the date of	5878
registration or report. Upon application filed within six months	5879
prior to the expiration of such term, on a form furnished by the	5880
secretary of state, the registration or report may be renewed at	5881
the end of each five-year period for a like term, provided that a	5882
general partnership shall renew its registration or report	5883
whenever there has been a change in the listing of partners on its	5884
registration or report and a limited partnership shall renew its	5885
registration or report when a change occurs in the listing of its	5886
general partners on its registration or report. Such a renewal	5887
shall extend the registration or report for five years, unless	5888
further changes occur in the interim. A The renewal fee specified	5889
in division (S)(3) of ten dollars section 111.16 of the Revised	5890
Code, payable to the secretary of state, shall accompany the	5891
application for renewal of the registration or report.	5892

The secretary of state shall notify persons who have	5893
registered trade names or reported fictitious names, within the	5894
six months next preceding the expiration of the five years from	5895
the date of registration or report, of the necessity of renewal by	5896
writing to the last known address of such persons.	5897

Sec. 1329.06.  Any trade name or fictitious name and its	5898
registration or report shall be assignable by an instrument in	5899
writing duly executed and may be recorded with the secretary of	5900
state upon the payment of a the fee specified in division (S)(4)	5901
of ten dollars section 111.16 of the Revised Code, payable to the	5902
secretary of state, who, recording the assignment, shall issue in	5903
the name of the assignee a new certificate for the remainder of	5904
the term of the registration or report or the last renewal	5905
thereof. The instrument shall be on a form prescribed by the	5906
secretary of state.	5907

Sec. 1329.07.  The registrant of any trade name or a person	5908
who reports a fictitious name shall record all changes of the	5909
registrant's business address by filing with the secretary of	5910
state a statement in writing, on a form prescribed by the	5911
secretary of state, setting forth the name previously registered	5912
or reported, the date of the registration or report, and the new	5913
address of the applicant. A The filing fee specified in division	5914
(S)(4) of three dollars section 111.16 of the Revised Code shall	5915
accompany such the statement.	5916

Sec. 1329.42.  A person who uses in this state a name, mark,	5917
or device to indicate ownership of articles or supplies may file	5918
in the office of the secretary of state, on a form to be	5919
prescribed by the secretary of state, a verified statement setting	5920
forth, but not limited to, the following information:	5921

(A) The name and business address of the person filing the	5922
statement; and, if a corporation, the state of incorporation;	5923

(B) The nature of the business of the applicant;

5924

(C) The type of articles or supplies in connection with	5925
which the name, mark, or device is used.	5926

The statement shall include or be accompanied by a specimen	5927
evidencing actual use of the name, mark, or device, together with	5928
a the filing fee specified in division (U)(1) of twenty dollars	5929
section 111.16 of the Revised Code. The registration of a name,	5930
mark, or device pursuant to this section is effective for a	5931
ten-year period beginning on the date of registration. If an	5932
application for renewal is filed within six months prior to the	5933
expiration of the ten-year period on a form prescribed by the	5934
secretary of state, the registration may be renewed at the end of	5935
each ten-year period for an additional ten-year period. A The	5936
renewal fee specified in division (U)(2) of ten dollars section	5937
111.16 of the Revised Code shall accompany the application for	5938
renewal. The secretary of state shall notify a registrant within	5939
the six months next preceding the expiration of ten years from the	5940
date of registration of the necessity of renewal by writing to the	5941
last known address of the registrant.	5942

Sec. 1329.421.  The registrant of a name, mark, or device	5943
used to indicate ownership shall record all changes of the	5944
registrant's business address by filing with the secretary of	5945
state a written statement, on a form prescribed by the secretary	5946
of state, of the new address. A The filing fee of three dollars	5947
specified in division (U)(2) of section 111.16 of the Revised Code	5948
shall accompany the statement.	5949

Sec. 1329.45.  The certificate of the filing of any name,	5950
mark, or device under sections 1329.41 to 1329.53 of the Revised	5951
Code and the benefits obtained thereunder under it shall be	5952
assignable with the sale of the articles or supplies on which the	5953
same are produced and used. Assignments shall be by instruments	5954
in writing duly executed and may be recorded upon the payment of a	5955
the fee specified in division (U)(2) of ten dollars section 111.16	5956
of the Revised Code, payable to the secretary of state, who, after	5957
recording the assignment, upon request of the assignee, may issue	5958
in the assignee's name a new certificate. The instrument shall be	5959
on a form prescribed by the secretary of state.	5960

Sec. 1329.56.  (A) Subject to the limitations set forth in	5961
sections 1329.54 to 1329.67 of the Revised Code, any person who	5962
adopts and uses a trademark or service mark in this state may file	5963
in the office of the secretary of state, on a form to be	5964
prescribed by the secretary of state, an application for	5965
registration of that trademark or service mark that sets forth,	5966
but is not limited to, the following information:	5967

(1) The name and business address of the person applying for	5968
the registration; if the person is a corporation, the state of its	5969
incorporation; if the person is a partnership or limited liability	5970
partnership, the state in which the partnership is organized and	5971
the names of the general partners; and, if the person is a limited	5972
liability company, the state of its organization;	5973

(2) The goods or services on or in connection with which the	5974
mark is used, the mode or manner in which the mark is used on or	5975
in connection with the goods or services, and the class in which	5976
the goods or services fall;	5977

(3) The date when the mark was first used anywhere and the	5978
date when it was first used in this state by the applicant or the	5979
applicant's predecessor in interest;	5980

(4) A statement that the applicant is the owner of the mark,	5981
that the mark is in use, and that, to the knowledge of the person	5982
verifying the application, no other person has the right to use	5983
the mark in the state either in the identical form of the mark, or	5984
in near resemblance to the mark, as to be likely, when used on or	5985
in connection with the goods or services of another person, to	5986
cause confusion or mistake or to deceive;	5987

(5) A statement that, to the knowledge of the person	5988
verifying the application, no other person has a registration or a	5989
pending intent to use application of the same or a confusingly	5990
similar mark in the United States patent and trademark office for	5991
the same or similar goods or services or a statement that the	5992
applicant is the owner of a concurrent registration in the United	5993
States patent and trademark office of the applicant's mark	5994
covering an area including this state.	5995

(B) The application shall be signed and verified by the	5996
applicant, by an authorized representative, or by an officer of	5997
the firm, limited liability company, limited liability	5998
partnership, general partnership, or limited partnership,	5999
corporation, union, association, or other organization that is the	6000
applicant.	6001

(C) The application shall be accompanied by a specimen of	6002
the mark as actually used and shall contain a brief description of	6003
the mark as it appears on the specimen.	6004

(D) The application shall be accompanied by a the filing fee	6005
specified in division (U)(1) of twenty dollars that is section	6006
111.16 of the Revised Code, payable to the secretary of state.	6007

Sec. 1329.58.  Registration of a trademark or service mark	6008
under sections 1329.54 to 1329.67 of the Revised Code shall be	6009
effective for a term of ten years from the date of registration.	6010
Upon the filing of an application within six months prior to the	6011
expiration of that term on a form furnished by the secretary of	6012
state, the registrant may renew the registration at the end of	6013
each ten-year period for a similar term. A The renewal fee	6014
specified in division (U)(2) of ten dollars that is section 111.16	6015
of the Revised Code, payable to the secretary of state, shall	6016
accompany the renewal application. The renewal application shall	6017
require the applicant to state that the mark still is in use in	6018
this state.	6019

Sec. 1329.60.  Any trademark or service mark and its	6020
registration shall be assignable with the good will of the	6021
business in which the trademark or service mark is used, or with	6022
that part of the good will of the business connected with the use	6023
of and symbolized by the trademark or service mark. Assignment	6024
shall be by instruments in writing duly executed and may be	6025
recorded with the secretary of state upon the payment of a the fee	6026
specified in division (U)(2) of ten dollars section 111.16 of the	6027
Revised Code, payable to the secretary of state, who, after	6028
recording the assignment, shall issue in the name of the assignee	6029
a new certificate for the remainder of the term of the	6030
registration or of the last renewal thereof. The instrument shall	6031
be on a form prescribed by the secretary of state. An assignment	6032
of any registration shall be void as against any subsequent	6033
purchaser for valuable consideration without notice unless it is	6034
recorded with the secretary of state within three months after the	6035
date thereof or prior to such subsequent purchase.	6036

Sec. 1329.601.  The registrant of a trademark or service mark	6037
shall record all changes of the registrant's business address by	6038
filing a written statement, on a form prescribed by the secretary	6039
of state, of the new address with the secretary of state. A The	6040
filing fee of three dollars specified in division (U)(2) of	6041
section 111.16 of the Revised Code shall accompany the statement.	6042

Sec. 1501.01.  Except where otherwise expressly provided, the	6043
director of natural resources shall formulate and institute all	6044
the policies and programs of the department of natural resources.	6045
The chief of any division of the department shall not enter into	6046
any contract, agreement, or understanding unless it is approved by	6047
the director. No appointee or employee of the director, other	6048
than the assistant director, may bind the director in a contract	6049
except when given general or special authority to do so by the	6050
director.	6051

The director shall correlate and coordinate the work and	6052
activities of the divisions in the department to eliminate	6053
unnecessary duplications of effort and overlapping of functions.	6054
The chiefs of the various divisions of the department shall meet	6055
with the director at least once each month at a time and place	6056
designated by the director.	6057

The director may create advisory boards to any of those	6058
divisions in conformity with section 121.13 of the Revised Code.	6059

The director may accept and expend gifts, devises, and	6060
bequests of money, lands, and other properties on behalf of the	6061
department or any division thereof under the terms set forth in	6062
section 9.20 of the Revised Code. Any political subdivision of	6063
this state may make contributions to the department for the use of	6064
the department or any division therein according to the terms of	6065
the contribution.	6066

The director may publish and sell or otherwise distribute	6067
data, reports, and information.	6068

The director shall adopt rules in accordance with Chapter	6069
119. of the Revised Code to permit the department to accept by	6070
means of a credit card the payment of fees, charges, and rentals	6071
at those facilities described in section 1501.07 of the Revised	6072
Code that are operated by the department, for any data, reports,	6073
or information sold by the department, and for any other goods or	6074
services provided by the department.	6075

Whenever authorized by the governor to do so, the director	6076
may appropriate property for the uses and purposes authorized to	6077
be performed by the department and on behalf of any division	6078
within the department. This authority shall be exercised in the	6079
manner provided in sections 163.01 to 163.22 of the Revised Code	6080
for the appropriation of property by the director of	6081
administrative services. This authority to appropriate property	6082
is in addition to the authority provided by law for the	6083
appropriation of property by divisions of the department. The	6084
director of natural resources also may acquire by purchase, lease,	6085
or otherwise such real and personal property rights or privileges	6086
in the name of the state as are necessary for the purposes of the	6087
department or any division therein. The director, with the	6088
approval of the governor and the attorney general, may sell,	6089
lease, or exchange portions of lands or property, real or	6090
personal, of any division of the department or grant easements or	6091
licenses for the use thereof, or enter into agreements for the	6092
sale of water from lands and waters under the administration or	6093
care of the department or any of its divisions, when the sale,	6094
lease, exchange, easement, agreement, or license for use is	6095
advantageous to the state, provided that such approval is not	6096
required for leases and contracts made under section 1507.12, if	6097
any, or section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of	6098
the Revised Code. Water may be sold from a reservoir only to the	6099
extent that the reservoir was designed to yield a supply of water	6100
for a purpose other than recreation or wildlife, and the water	6101
sold is in excess of that needed to maintain the reservoir for	6102
purposes of recreation or wildlife.	6103

Money received from such sales, leases, easements, exchanges,	6104
agreements, or licenses for use, except revenues required to be	6105
set aside or paid into depositories or trust funds for the payment	6106
of bonds issued under sections 1501.12 to 1501.15 of the Revised	6107
Code, and to maintain the required reserves therefor as provided	6108
in the orders authorizing the issuance of such bonds or the trust	6109
agreements securing such bonds, revenues required to be paid and	6110
credited pursuant to the bond proceeding applicable to obligations	6111
issued pursuant to section 154.22, and revenues generated under	6112
section 1520.05 of the Revised Code, shall be deposited in the	6113
state treasury to the credit of the fund of the division of the	6114
department having prior jurisdiction over the lands or property.	6115
If no such fund exists, the money shall be credited to the general	6116
revenue fund. All such money received from lands or properties	6117
administered by the division of wildlife shall be credited to the	6118
wildlife fund.	6119

The director shall provide for the custody, safekeeping, and	6120
deposit of all moneys, checks, and drafts received by the	6121
department or its employees prior to paying them to the treasurer	6122
of state under section 113.08 of the Revised Code.	6123

The director shall cooperate with the nature conservancy,	6124
other nonprofit organizations, and the United States fish and	6125
wildlife service in order to secure protection of islands in the	6126
Ohio river and the wildlife and wildlife habitat of those islands.	6127

Any instrument by which real property is acquired pursuant to	6128
this section shall identify the agency of the state that has the	6129
use and benefit of the real property as specified in section	6130
5301.012 of the Revised Code.	6131

Sec. 1501.40.  The department of natural resources is the	6132
designated state agency responsible for the coordination and	6133
administration of sections 120 to 136 of the "National and	6134
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	6135
12401 to 12456, and amendments thereto as amended. With the	6136
assistance of the state Ohio community service advisory committee	6137
council created in section 121.40 of the Revised Code, the	6138
director of natural resources shall coordinate with other state	6139
agencies to apply for funding under the act when appropriate and	6140
shall administer any federal funds the state receives under	6141
sections 120 to 136 of the act.	6142

Sec. 1502.12.  There is hereby created in the state treasury	6143
the scrap tire recycling fund, consisting of moneys transferred to	6144
the fund under section 3734.82 of the Revised Code. The chief of	6145
the division of recycling and litter prevention, pursuant to	6146
division (B) of section 1502.04 of the Revised Code and with the	6147
approval of the director of natural resources, may make grants	6148
from the fund for the purpose of supporting market development	6149
activities for recycled scrap tires. The chief, with the approval	6150
of the director, shall require any eligible applicant for grants	6151
who is certified by the recycling and litter prevention advisory	6152
council under division (B) of section 1502.04 of the Revised Code	6153
to provide a matching contribution in the same manner specified	6154
for contributions made pursuant to division (C) of section 1502.05	6155
of the Revised Code.	6156

Sec. 1503.011.  The chief of the division of forestry shall	6158
be responsible for the conservation and development of forests	6159
within this state. He The chief shall be concerned with	6160
silvicultural practices, including the proper planting, growing,	6161
protecting, harvesting, and managing of trees for such purposes as	6162
watershed and soil protection, timber production and utilization,	6163
recreation, aesthetics, wildlife habitat development, and urban	6164
enhancement and for all benefits that forests provide.	6165

The chief may do any or all of the following:

6166

(A) Provide rural forestry assistance to nonindustrial	6167
private forest landowners, including advice in tree planting,	6168
forest improvement, harvesting, and all aspects of conservation;	6169

(B) Provide urban forestry assistance to individuals,	6170
nonprofit organizations, and political subdivisions to manage	6171
their urban forest resource and develop comprehensive tree care	6172
programs;	6173

(C) Provide wood utilization, marketing, and rural forestry	6174
development assistance to forest industries, political	6175
subdivisions and agencies thereof, and state and federal agencies	6176
for the purpose of establishing and maintaining a viable,	6177
economically sound wood-based industry while expanding the forest	6178
resource of this state;	6179

(D) Provide forest pest protection assistance to forest	6180
landowners, political subdivisions and agencies thereof, and state	6181
and federal agencies on assessing and evaluating the health and	6182
vigor of the forest resource;	6183

(E) Provide technical assistance to landowners in developing	6184
forest windbreaks, filter strips, and other forest management	6185
practices that provide conservation benefits;	6186

(F) Provide awareness of and education concerning the	6187
programs provided for under divisions (A) to (E) of this section;	6188

(G) Enter into agreements with political subdivisions and	6189
agencies thereof, state and federal agencies, firefighting	6190
agencies and private fire companies, as those terms are defined in	6191
section 9.60 of the Revised Code, nonprofit organizations, and	6192
individuals to meet the needs of forestry assistance in this state	6193
and, in accordance with sections section 1503.01 and 1503.35 of	6194
the Revised Code, develop and administer grant programs for any of	6195
those entities requesting assistance. The chief shall adopt, and	6196
may amend and rescind, rules in accordance with Chapter 119. of	6197
the Revised Code establishing such requirements and procedures as	6198
are necessary to implement this division.	6199

As used in this section, "nonprofit organization" has the	6200
same meaning as in section 4141.01 of the Revised Code.	6201

Sec. 1507.01.  There is hereby created in the department of	6202
natural resources the division of engineering to be administered	6203
by the chief engineer of the department, who shall be a	6204
professional engineer registered under Chapter 4733. of the	6205
Revised Code. The chief engineer shall do all of the following:	6206

(A) Administer this chapter;

6207

(B) Provide engineering, architectural, land surveying, and	6208
related administrative and maintenance support services to the	6209
other divisions in the department;	6210

(C) Upon request of the director of natural resources,	6211
implement the department's capital improvement program and	6212
facility maintenance projects, including all associated	6213
engineering, architectural, design, contracting, surveying,	6214
inspection, and management responsibilities and requirements;	6215

(D) With the approval of the director, act as contracting	6216
officer in departmental engineering, architectural, surveying, and	6217
construction matters regarding capital improvements except for	6218
those matters otherwise specifically provided for in law;	6219

(E) As long as the state retains ownership of the Burr Oak	6220
water system, administer, operate, and maintain the Burr Oak water	6221
system and, with the approval of the director, act as contracting	6222
agent in matters concerning that system;	6223

(F) Provide engineering support for the coastal management	6224
program established under Chapter 1506. of the Revised Code;	6225

(G)(F) Coordinate the department's roadway maintenance	6226
program with the department of transportation pursuant to section	6227
5511.05 of the Revised Code and maintain the roadway inventory of	6228
the department of natural resources;	6229

(H) Coordinate the department's emergency response	6230
activities with the emergency management agency created in section	6231
5502.22 of the Revised Code;	6232

(I)(G) Coordinate the department's projects, programs,	6233
policies, procedures, and activities with the United States army	6234
corps of engineers;	6235

(J)(H) Subject to the approval of the director, employ	6236
professional and technical assistants and such other employees as	6237
are necessary for the performance of the activities required or	6238
authorized under this chapter, other work of the division, and any	6239
other work agreed to under working agreements or contractual	6240
arrangements; prescribe their duties; and fix their compensation	6241
in accordance with such schedules as are provided by law for the	6242
compensation of state employees.	6243

Sec. 1509.071.  (A) When the chief of the division of	6244
mineral resources management finds that an owner has failed to	6245
comply with the restoration requirements of section 1509.072,	6246
plugging requirements of section 1509.12, or permit provisions of	6247
section 1509.13 of the Revised Code, or rules and orders relating	6248
thereto, the chief shall make a finding of that fact and declare	6249
any surety bond filed to ensure compliance with those sections and	6250
rules forfeited in the amount set by rule of the chief. The chief	6251
thereupon shall certify the total forfeiture to the attorney	6252
general, who shall proceed to collect the amount of the	6253
forfeiture.	6254

In lieu of total forfeiture, the surety, at its option, may	6255
cause the well to be properly plugged and abandoned and the area	6256
properly restored or pay to the treasurer of state the cost of	6257
plugging and abandonment.	6258

(B) All moneys collected because of forfeitures of bonds as	6259
provided in this section shall be deposited in the state treasury	6260
to the credit of the oil and gas well fund created in section	6261
1509.02 of the Revised Code. The fund shall be expended by the	6262
chief for the following purposes in addition to the other purposes	6263
specified in that section:	6264

(1) In accordance with division (D) of this section, to plug	6265
wells or to restore the land surface properly as required in	6266
section 1509.072 of the Revised Code for which the bonds have been	6267
forfeited, for abandoned wells for which no funds are available to	6268
plug the wells in accordance with this chapter, or to use	6269
abandoned wells for the injection of oil or gas production wastes;	6270

(2) In accordance with division (E) of this section, to	6271
correct conditions that the chief reasonably has determined are	6272
causing imminent health or safety risks.	6273

Expenditures from the fund shall be made only for lawful	6274
purposes.	6275

(C)(1) Upon determining that the owner of a well has failed	6276
to properly plug and abandon it or to properly restore the land	6277
surface at the well site in compliance with the applicable	6278
requirements of this chapter and applicable rules adopted and	6279
orders issued under it or that a well is an abandoned well for	6280
which no funds are available to plug the well in accordance with	6281
this chapter, the chief shall do all of the following:	6282

(a) Determine from the records in the office of the county	6283
recorder of the county in which the well is located the identity	6284
of the owner of the land on which the well is located, the	6285
identity of the owner of the oil or gas lease under which the well	6286
was drilled or the identity of each person owning an interest in	6287
the lease, and the identities of the persons having legal title	6288
to, or a lien upon, any of the equipment appurtenant to the well;	6289

(b) Mail notice to the owner of the land on which the well	6290
is located informing the landowner that the well is to be plugged.	6291
If the owner of the oil or gas lease under which the well was	6292
drilled is different from the owner of the well or if any persons	6293
other than the owner of the well own interests in the lease, the	6294
chief also shall mail notice that the well is to be plugged to the	6295
owner of the lease or to each person owning an interest in the	6296
lease, as appropriate.	6297

(c) Mail notice to each person having legal title to, or a	6298
lien upon, any equipment appurtenant to the well, informing the	6299
person that the well is to be plugged and offering the person the	6300
opportunity to plug the well and restore the land surface at the	6301
well site at the person's own expense in order to avoid forfeiture	6302
of the equipment to this state.	6303

(2) If none of the persons described in division (C)(1)(c)	6304
of this section plugs the well within sixty days after the mailing	6305
of the notice required by that division, all equipment appurtenant	6306
to the well is hereby declared to be forfeited to this state	6307
without compensation and without the necessity for any action by	6308
the state for use to defray the cost of plugging and abandoning	6309
the well and restoring the land surface at the well site.	6310

(D) Expenditures from the fund for the purpose of division	6311
(B)(1) of this section shall be made in accordance with either of	6312
the following:	6313

(1) The expenditures may be made pursuant to contracts	6314
entered into by the chief with persons who agree to furnish all of	6315
the materials, equipment, work, and labor as specified and	6316
provided in such a contract. Agents or employees of persons	6317
contracting with the chief for the restoration, plugging, and	6318
injection projects may enter upon any land, public or private, for	6319
which a project has been approved by the controlling board and on	6320
which the well is located, for the purpose of performing the work.	6321
Prior to such entry, the chief shall give to the following persons	6322
written notice of the existence of a contract for a project to	6323
restore, plug, or inject oil or gas production wastes into a well,	6324
the names of the persons with whom the contract is made, and the	6325
date that the project will commence: the owner of the well, the	6326
owner of the land upon which the well is located, the owner or	6327
agents of adjoining land, and, if the well is located in the same	6328
township as or in a township adjacent to the excavations and	6329
workings of a mine and the owner or lessee of that mine has	6330
provided written notice identifying those townships to the chief	6331
at any time during the immediately preceding three years, the	6332
owner or lessee of the mine.	6333

The chief periodically shall submit project proposals under	6334
division (D)(1) of this section to the controlling board, together	6335
with benefit and cost data and other pertinent information.	6336
Expenditures from the fund for the purpose of division (D)(1) of	6337
this section may be made only for restoration, plugging, or	6338
injection projects that are approved by the controlling board, and	6339
expenditures for a particular project may not exceed any limits	6340
set by the board.	6341

(2)(a) The owner of the land on which a well is located who	6342
has received notice under division (C)(1)(b) of this section may	6343
plug the well and be reimbursed by the division for the reasonable	6344
cost of plugging the well. In order to plug the well, the	6345
landowner shall submit an application to the chief on a form	6346
prescribed by the chief and approved by the technical advisory	6347
council on oil and gas created in section 1509.38 of the Revised	6348
Code. The application, at a minimum, shall require the landowner	6349
to provide the same information as is required to be included in	6350
the application for a permit to plug and abandon under section	6351
1509.13 of the Revised Code. The application shall be accompanied	6352
by a copy of a proposed contract to plug the well prepared by a	6353
contractor regularly engaged in the business of plugging oil and	6354
gas wells. The proposed contract shall require the contractor to	6355
furnish all of the materials, equipment, work, and labor necessary	6356
to plug the well properly and shall specify the price for doing	6357
the work, including a credit for the equipment appurtenant to the	6358
well that was forfeited to the state through the operation of	6359
division (C)(2) of this section. The application also shall be	6360
accompanied by the permit fee required by section 1509.13 of the	6361
Revised Code unless the chief, in the chief's discretion, waives	6362
payment of the permit fee. The application constitutes an	6363
application for a permit to plug and abandon the well for the	6364
purposes of section 1509.13 of the Revised Code.	6365

(b) Within thirty days after receiving an application and	6366
accompanying proposed contract under division (D)(2)(a) of this	6367
section, the chief shall determine whether the plugging would	6368
comply with the applicable requirements of this chapter and	6369
applicable rules adopted and orders issued under it and whether	6370
the cost of the plugging under the proposed contract is	6371
reasonable. If the chief determines that the proposed plugging	6372
would comply with those requirements and that the proposed cost of	6373
the plugging is reasonable, the chief shall notify the landowner	6374
of that determination and issue to the landowner a permit to plug	6375
and abandon the well under section 1509.13 of the Revised Code.	6376
Upon approval of the application and proposed contract, the chief	6377
shall transfer ownership of the equipment appurtenant to the well	6378
to the landowner. The chief may disapprove an application	6379
submitted under division (D)(2)(a) of this section if the chief	6380
determines that the proposed plugging would not comply with the	6381
applicable requirements of this chapter and applicable rules	6382
adopted and orders issued under it, that the cost of the plugging	6383
under the proposed contract is unreasonable, or that the proposed	6384
contract is not a bona fide, arms length contract.	6385

(c) After receiving the chief's notice of the approval of	6386
the application and permit to plug and abandon a well under	6387
division (D)(2)(b) of this section, the landowner shall enter into	6388
the proposed contract to plug the well. The plugging shall be	6389
completed within one hundred eight days after the landowner	6390
receives the notice of approval and permit.	6391

(d) Upon determining that the plugging has been completed	6392
within the time required by division (D)(2)(c) of this section and	6393
has been completed in compliance with the applicable requirements	6394
of this chapter and applicable rules adopted and orders issued	6395
under it, the chief shall reimburse the landowner for the cost of	6396
the plugging as set forth in the proposed contract approved by the	6397
chief. The reimbursement shall be paid from the oil and gas well	6398
fund. If the chief determines that the plugging was not completed	6399
within the required time or was not completed in accordance with	6400
the applicable requirements, the chief shall not reimburse the	6401
landowner for the cost of the plugging, and the landowner or the	6402
contractor, as applicable, promptly shall transfer back to this	6403
state title to and possession of the equipment appurtenant to the	6404
well that previously was transferred to the landowner under	6405
division (D)(2)(b) of this section. If any such equipment was	6406
removed from the well during the plugging and sold, the landowner	6407
shall pay to the chief the proceeds from the sale of the	6408
equipment, and the chief promptly shall pay the moneys so received	6409
to the treasurer of state for deposit into the oil and gas well	6410
fund.	6411

The chief may establish an annual limit on the number of	6412
wells that may be plugged under division (D)(2) of this section or	6413
an annual limit on the expenditures to be made under that	6414
division.	6415

As used in division (D)(2) of this section, "plug" and	6416
"plugging" include the plugging of the well and the restoration of	6417
the land surface disturbed by the plugging.	6418

(E) Expenditures from the oil and gas well fund for the	6419
purpose of division (B)(2) of this section may be made pursuant to	6420
contracts entered into by the chief with persons who agree to	6421
furnish all of the materials, equipment, work, and labor as	6422
specified and provided in such a contract. The competitive	6423
bidding requirements of Chapter 153. of the Revised Code do not	6424
apply if the chief reasonably determines that correction of the	6425
applicable health or safety risk requires immediate action. The	6426
chief, designated representatives of the chief, and agents or	6427
employees of persons contracting with the chief under this	6428
division may enter upon any land, public or private, for the	6429
purpose of performing the work.	6430

(F) Contracts entered into by the chief under this section	6431
are not subject to either of the following:	6432

(1) Chapter 4115. of the Revised Code;

6433

(2) Section 153.54 of the Revised Code, except that the	6434
contractor shall obtain and provide to the chief as a bid guaranty	6435
a surety bond or letter of credit in an amount equal to ten per	6436
cent of the amount of the contract.	6437

(G) The owner of land on which a well is located who has	6438
received notice under division (C)(1)(b) of this section, in lieu	6439
of plugging the well in accordance with division (D)(2) of this	6440
section, may cause ownership of the well to be transferred to an	6441
owner who is lawfully doing business in this state and who has met	6442
the financial responsibility requirements established under	6443
section 1509.07 of the Revised Code, subject to the approval of	6444
the chief. The transfer of ownership also shall be subject to the	6445
landowner's filing the appropriate forms required under this	6446
chapter and providing to the chief sufficient information to	6447
demonstrate the landowner's or owner's right to produce a	6448
formation or formations. That information may include a deed, a	6449
lease, or other documentation of ownership or property rights.	6450

The chief shall approve or disapprove the transfer of	6451
ownership of the well. If the chief approves the transfer, the	6452
owner is responsible for operating the well in accordance with	6453
this chapter and rules adopted under it, including, without	6454
limitation, all of the following:	6455

(1) Filing an application with the chief under section	6456
1509.06 of the Revised Code if the owner intends to drill deeper	6457
or produce a formation that is not listed in the records of the	6458
division for that well;	6459

(2) Taking title to and possession of the equipment	6460
appurtenant to the well that has been identified by the chief as	6461
having been abandoned by the former owner;	6462

(3) Complying with all applicable requirements that are	6463
necessary to drill deeper, plug the well, or plug back the well.	6464

Sec. 1513.10. If, at the end of a coal mining operation's	6465
permit or renewal period, the number of acres of land affected by	6466
the operation proves to be smaller than the number of acres of	6467
land for which the operator paid a permit fee for the operation	6468
under section 1513.07 of the Revised Code, the operator is	6469
entitled to a refund of the excess permit fee. The refund shall	6470
be in an amount equal to the amount paid per acre as a permit fee	6471
multiplied by the difference between the number of acres in the	6472
area of land affected as verified by the division of mineral	6473
resources management and the number of acres of land for which the	6474
operator paid a permit fee.	6475

Refunds shall be paid out of the reclamation fee fund,	6476
which is hereby created in the state treasury. The treasurer of	6477
state shall place forty thousand dollars from the fees collected	6478
under section 1513.07 of the Revised Code in the fund. As moneys	6479
are spent from the fund, the treasurer of state shall credit to	6480
the fund the amount that is needed to keep the balance of the fund	6481
at forty thousand dollars. The remainder of the fees collected	6482
under section 1513.07 of the Revised Code shall be deposited with	6483
the treasurer of state to the credit of the coal mining	6484
administration and reclamation reserve fund created in section	6485
1513.181 of the Revised Code.	6486

Sec. 1514.11.  In addition to the purposes authorized in	6487
section 1514.06 of the Revised Code, the chief of the division of	6488
mineral resources management may use moneys in the surface mining	6489
fund created under that section for the administration and	6490
enforcement of this chapter, for the reclamation of land affected	6491
by surface mining under a permit issued under this chapter that	6492
the operator failed to reclaim and for which the performance bond	6493
filed by the operator is insufficient to complete the reclamation,	6494
and for the reclamation of land affected by surface mining that	6495
was abandoned and left unreclaimed and for which no permit was	6496
issued or bond filed under this chapter, and for the mine safety	6497
and first aid classes provided under division (C) of section	6498
1561.26 of the Revised Code. The chief, with the approval of the	6499
director of natural resources, annually shall determine the	6500
amounts to be expended for the mine safety and first aid classes.	6501
For purposes of this section, the chief shall expend moneys in the	6502
fund in accordance with the procedures and requirements	6503
established in section 1514.06 of the Revised Code and may enter	6504
into contracts and perform work in accordance with that section.	6505

Fees collected under sections 1514.02 and 1514.03 of the	6506
Revised Code, one-half of the moneys collected from the severance	6507
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	6508
the Revised Code, and all of the moneys collected from the	6509
severance tax levied under division (A)(7) of section 5749.02 of	6510
the Revised Code shall be credited to the fund in accordance with	6511
those sections. Notwithstanding any section of the Revised Code	6512
relating to the distribution or crediting of fines for violations	6513
of the Revised Code, all fines imposed under section 1514.99 of	6514
the Revised Code shall be credited to the fund.	6515

Sec. 1521.04.  The chief of the division of water, with the	6516
approval of the director of natural resources, may make loans and	6517
grants from the water management fund created in section 1501.32	6518
of the Revised Code to governmental agencies for water management,	6519
water supply improvements, and planning and may administer grants	6520
from the federal government and from other public or private	6521
sources for carrying out those functions and for the performance	6522
of any acts that may be required by the United States or by any	6523
agency or department thereof as a condition for the participation	6524
by any governmental agency in any federal financial or technical	6525
assistance program. Direct and indirect costs of administration	6526
may be paid from the water management fund.	6527

The chief may use the water management fund to acquire,	6528
construct, reconstruct, improve, equip, maintain, operate, and	6529
dispose of water management improvements. The chief may fix,	6530
alter, charge, and collect rates, fees, rentals, and other charges	6531
to be paid into the water management fund by governmental agencies	6532
and persons who are supplied with water by facilities constructed	6533
or operated by the department of natural resources in order to	6534
amortize and defray the cost of the construction, maintenance, and	6535
operation of those facilities. This section does not apply to the	6536
Burr Oak water system administered by the chief engineer of the	6537
department of natural resources under sections 1507.01 and 1507.12	6538
of the Revised Code.	6539

Sec. 1521.19. (A) There is hereby created the Ohio water	6540
resources council consisting of the directors of agriculture,	6541
development, environmental protection, health, natural resources,	6542
transportation, and the Ohio public works commission, the	6543
chairperson of the public utilities commission of Ohio, the	6544
executive directors of the state and local government commission	6545
of Ohio and the Ohio water development authority, and an executive	6546
assistant in the office of the governor appointed by the governor.	6547
The governor shall appoint one of the members of the council to	6548
serve as its chairperson. The council may adopt bylaws that are	6549
necessary for the implementation of this section. The council	6550
shall provide a forum for policy development, collaboration and	6551
coordination among state agencies, and strategic direction with	6552
respect to state water resource programs. The council shall be	6553
assisted in its functions by a state agency coordinating group and	6554
an advisory group as provided in this section.	6555

(B) The state agency coordinating group shall consist of the	6556
executive director of the Ohio Lake Erie commission and a member	6557
or members from each state agency, commission, and authority	6558
represented on the council, to be appointed by the applicable	6559
director, chairperson, or executive director. However, the	6560
environmental protection agency shall be represented on the group	6561
by the chiefs of the divisions within that agency having	6562
responsibility for surface water programs and drinking and ground	6563
water programs, and the department of natural resources shall be	6564
represented on the group by the chief of the division of water	6565
and the chief of the division of soil and water conservation. The	6566
chairperson of the council shall appoint a leader of the state	6567
agency coordinating group. The group shall provide assistance to	6568
and perform duties on behalf of the council as directed by the	6569
council.	6570

(C) The advisory group shall consist of not more than twenty	6571
members, each representing an organization or entity with an	6572
interest in water resource issues. The council shall appoint the	6573
members of the advisory group. Of the initial appointments, not	6574
more than ten members shall be appointed for one-year terms, and	6575
not more than ten members shall be appointed for two-year terms.	6576
Thereafter, all advisory group members shall serve two-year terms.	6577
Members may be reappointed. Each member shall hold office from	6578
the date of the member's appointment until the end of the member's	6579
term. A member shall continue in office subsequent to the	6580
expiration date of the member's term until the member's successor	6581
takes office or until a period of sixty days has elapsed,	6582
whichever occurs first. The council may remove a member for	6583
misfeasance, nonfeasance, or malfeasance in office. The council	6584
shall appoint members to fill any vacancies on the group. A	6585
member appointed to fill a vacancy shall hold office for the	6586
remainder of the term for which that member was appointed.	6587

The chairperson of the council shall appoint a chairperson of	6588
the advisory group. The advisory group shall advise the council	6589
on water resources issues addressed by the council.	6590

(D) There is hereby created in the state treasury the Ohio	6591
water resources council fund. The department of natural resources	6592
shall serve as the fiscal agent for the fund. The departments of	6593
agriculture, development, environmental protection, health,	6594
natural resources, and transportation shall transfer moneys to the	6595
fund in equal amounts via intrastate transfer voucher. The public	6596
utilities commission of Ohio, Ohio public works commission, state	6597
and local government commission of Ohio, and Ohio water	6598
development authority may transfer moneys to the fund. If a	6599
voluntary transfer of moneys is made to the fund, the portion that	6600
is required to be transferred by the departments of agriculture,	6601
development, environmental protection, health, natural resources,	6602
and transportation may be equally reduced. Moneys in the fund	6603
shall be used to pay the operating expenses of the Ohio water	6604
resources council, including those specified in division (E) of	6605
this section.	6606

(E) The Ohio water resources council may hire staff to	6607
support its activities. The council may enter into contracts and	6608
agreements with state agencies, political subdivisions, and	6609
private entities to assist in accomplishing its objectives.	6610
Advisory group members shall be reimbursed for expenses	6611
necessarily incurred in the performance of their duties pursuant	6612
to section 126.31 of the Revised Code and any applicable rules	6613
pertaining to travel reimbursement adopted by the office of budget	6614
and management.	6615

Sec. 1531.35.  The wildlife boater angler fund is hereby	6616
created in the state treasury. The fund shall consist of money	6617
credited to the fund pursuant to section 5735.051 of the Revised	6618
Code and other money contributed to the division of wildlife for	6619
the purposes of the fund. The fund may shall be used for boating	6620
access construction, capital improvements, grant programs for	6621
boating and fishing access, maintenance, and development on lakes	6622
on which the operation of gasoline-powered watercraft is	6623
permissible.	6624

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	6625
stamps, deer and wild turkey permits, and fur taker permits shall	6626
be issued by the clerk of the court of common pleas, village and	6627
township clerks, and other authorized agents designated by the	6628
chief of the division of wildlife. When required by the chief, a	6629
clerk or agent shall give bond in the manner provided by the	6630
chief. All bonds, reports, except records prescribed by the	6631
auditor of state, and moneys received by those persons shall be	6632
handled under rules adopted by the director of natural resources.	6633

The premium of any fidelity bond prescribed under section	6634
9.832 of the Revised Code or of any bond prescribed by the chief	6635
under this section may be paid by the chief. Any person who is	6636
designated and authorized by the chief to issue licenses, stamps,	6637
and permits as provided in this section, except the clerk of the	6638
court of common pleas and the village and township clerks, shall	6639
pay to the chief a premium in an amount that represents the	6640
person's portion of the premium paid by the chief under this	6641
section, which amount shall be established by the chief and	6642
approved by the wildlife council created under section 1531.03 of	6643
the Revised Code. The chief shall pay all moneys that the chief	6644
receives as premiums under this section into the state treasury to	6645
the credit of the wildlife fund created under section 1531.17 of	6646
the Revised Code.	6647

Every authorized agent, for the purpose of issuing hunting	6648
and fishing licenses, deer and wild turkey permits, and fur taker	6649
permits, may administer oaths to and take affidavits from	6650
applicants for the licenses or permits when required. An	6651
authorized agent may appoint deputies to perform any acts that the	6652
agent is authorized to perform, consistent with division rules.	6653

Every applicant for a hunting or fishing license, deer or	6654
wild turkey permit, or fur taker permit, unless otherwise provided	6655
by division rule, shall make and subscribe an affidavit setting	6656
forth the applicant's name, age, weight, height, occupation, place	6657
of residence, personal description, and citizenship. The clerk or	6658
other agent authorized to issue licenses and permits shall charge	6659
each applicant a fee of one dollar for taking the affidavit and	6660
issuing the license or permit. The application, license, permit,	6661
and other blanks required by this section shall be prepared and	6662
furnished by the chief, in such form as the chief provides, to the	6663
clerk or other agent authorized to issue them. The licenses and	6664
permits shall be issued to applicants by the clerk or other agent.	6665
The record of licenses and permits kept by the clerk and other	6666
authorized agents shall be uniform throughout the state and in	6667
such form or manner as the auditor of state prescribes and shall	6668
be open at all reasonable hours to the inspection of any person.	6669
Unless otherwise provided by division rule, each hunting license,	6670
deer or wild turkey permit, and fur taker permit issued shall	6671
remain in force until midnight of the thirty-first day of August	6672
next ensuing. Application for any such license or permit may be	6673
made and a license or permit issued prior to the date upon which	6674
it becomes effective.	6675

The chief may require an applicant who wishes to purchase a	6676
license, stamp, or permit by mail or telephone to pay a nominal	6677
fee for postage and handling.	6678

The court before whom a violator of any laws or division	6679
rules for the protection of wild animals is tried, as a part of	6680
the punishment, shall revoke the license, stamp, or permit of any	6681
person convicted. The license, stamp, or permit fee paid by that	6682
person shall not be returned to the person. The person shall not	6683
procure or use any other license, stamp, or permit or engage in	6684
hunting wild animals or trapping fur-bearing animals during the	6685
period of revocation as ordered by the court.	6686

No person under sixteen years of age shall engage in hunting	6687
unless accompanied by the person's parent or another adult person.	6688

Sec. 1547.67.  The division of watercraft, with the approval	6689
of the director of natural resources, may expend, for the purpose	6690
of assisting political subdivisions, conservancy districts, and	6691
state departments to establish or maintain and operate a marine	6692
patrol for the purpose of enforcing this chapter and Chapter 1548.	6693
of the Revised Code and rules adopted under them and to provide	6694
emergency response to boating accidents on the water, such funds	6695
as are appropriated by the general assembly for that purpose and,	6696
in addition, such moneys from the waterways safety fund	6697
established in section 1547.75 of the Revised Code as determined	6698
to be necessary by the division not to exceed ten per cent of all	6699
moneys accruing to the fund. In no case shall the grant to a	6700
political subdivision, conservancy district, or state department,	6701
not including the department of natural resources, total more than	6702
thirty thirty-five thousand dollars in a calendar year. Moneys so	6703
allocated may be used for the purchase, maintenance, and operation	6704
of vessels and marine equipment, educational materials, and	6705
personnel salaries that are necessary for enforcement of this	6706
chapter and Chapter 1548. of the Revised Code and rules adopted	6707
under them and to provide emergency response to boating accidents	6708
on the water.	6709

The division shall disburse the moneys as provided in this	6710
section in accordance with its determination of need in the	6711
enforcement of this chapter and Chapter 1548. of the Revised Code	6712
and rules adopted under them and shall disburse those moneys only	6713
on a cost share basis to supplement funds allocated by a political	6714
subdivision, conservancy district, or state department for that	6715
purpose. A grantee shall provide at least twenty-five per cent of	6716
the total program cost.	6717

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	6718
"EMT-I," and "paramedic" have the same meanings as in section	6719
4765.01 of the Revised Code.	6720

(B) The superintendent of rescue stations, with the approval	6721
of the chief of the division of mineral resources management,	6722
shall, at each rescue station provided for in section 1561.25 of	6723
the Revised Code, train and employ rescue crews of six members	6724
each, one of whom shall hold a mine foreperson or fire boss	6725
certificate and be designated captain, and train and employ any	6726
number of such rescue crews as the superintendent believes	6727
necessary. One member of a rescue crew shall be certified as an	6728
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	6729
shall devote the time specified by the chief each month for	6730
training purposes and shall be available at all times to assist in	6731
rescue work at explosions, mine fires, and other emergencies.	6732

A captain of mine rescue crews shall receive for service as	6733
captain the sum of twenty-four dollars per month, and each member	6734
shall receive the sum of twenty dollars per month, all payable on	6735
requisition approved by the chief. When engaged in rescue work at	6736
explosions, mine fires, or other emergencies away from their	6737
station, the members of the rescue crews and captains of the same	6738
shall be paid the sum of six dollars per hour for work on the	6739
surface, which includes the time consumed by such those members in	6740
traveling to and from the scene of such the emergency when such	6741
the scene is away from the station of such the members, and the	6742
sum of seven dollars per hour for all work underground at such the	6743
emergency, and in addition thereto, the necessary living expenses	6744
of such the members when such the emergency is away from their	6745
home station, all payable on requisition approved by the chief.	6746

Each member of a mine rescue crew shall undergo an annual	6747
medical examination by a doctor designated by the chief. In	6748
designating such the doctor, the chief shall choose one near the	6749
station of the member of such the rescue crews. Such The doctor	6750
shall report the doctor's findings to the chief and if, in the	6751
opinion of the chief, such the report indicates that such the	6752
member is physically unfit for further services, the chief shall	6753
relieve the member from further duty. The fee charged by such the	6754
doctor for such the examination shall be paid in the same manner	6755
as fees are paid to doctors employed by the industrial commission	6756
for special medical examinations.	6757

The chief may remove any member of a rescue crew for any	6758
reason. Such crews shall be subject to the orders of the chief,	6759
the superintendent, and the deputy mine inspectors when engaged in	6760
actual mine rescue work. Mine rescue crews shall, in case of	6761
death or injury when engaged in rescue work, wherever the same may	6762
occur, be paid compensation, or their dependents shall be paid	6763
death benefits, from the workers' compensation fund, in the same	6764
manner as other employees of the state.	6765

(C) In addition to the training of rescue crews, each	6766
assistant superintendent of rescue stations, with the approval of	6767
the superintendent, shall provide for and conduct safety, first	6768
aid, and rescue classes at any mine or for any group of miners who	6769
make application for the conducting of such classes. The chief may	6770
assess a fee for safety and first aid classes for the purpose of	6771
covering the costs associated with providing those classes. The	6772
chief shall establish a fee schedule for safety and first aid	6773
classes by rule adopted in accordance with Chapter 119. of the	6774
Revised Code. Fees collected under this section shall be	6775
deposited in the surface mining fund created in section 1514.06 of	6776
the Revised Code.	6777

The superintendent shall prescribe and provide for a uniform	6778
schedule of conducting such safety and rescue classes as will	6779
provide a competent knowledge of modern safety and rescue methods	6780
in, at, and about mines.	6781

Sec. 1701.05.  (A) Except as provided in this section, and	6782
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,	6783
which sections relate to the reorganization, merger, and	6784
consolidation of corporations, the corporate name of a domestic	6785
corporation shall comply with all of the following:	6786

(1) It shall end with or include the word or abbreviation	6787
"company," "co.," "corporation," "corp.," "incorporated," or	6788
"inc."	6789

(2) It shall be distinguishable upon the records in the	6790
office of the secretary of state from all of the following:	6791

(a) The name of any other corporation, whether nonprofit or	6792
for profit and whether that of a domestic or of a foreign	6793
corporation authorized to do business in this state;	6794

(b) The name of any limited liability company registered in	6795
the office of the secretary of state pursuant to Chapter 1705. of	6796
the Revised Code, whether domestic or foreign;	6797

(c) The name of any limited liability partnership registered	6798
in the office of the secretary of state pursuant to Chapter 1775.	6799
of the Revised Code, whether domestic or foreign;	6800

(d) The name of any limited partnership registered in the	6801
office of the secretary of state pursuant to Chapter 1782. of the	6802
Revised Code, whether domestic or foreign;	6803

(e) Any trade name the exclusive right to which is at the	6804
time in question registered in the office of the secretary of	6805
state pursuant to Chapter 1329. of the Revised Code.	6806

(3) It shall not contain any language that indicates or	6807
implies that the corporation is connected with a government agency	6808
of this state, another state, or the United States.	6809

(B) The secretary of state shall determine for purposes of	6810
this section whether a name is "distinguishable" from another name	6811
upon the secretary of state's records. Without excluding other	6812
names that may not constitute distinguishable names in this state,	6813
a name is not considered distinguishable from another name for	6814
purposes of this section solely because it differs from the other	6815
name in only one or more of the following manners:	6816

(1) The use of the word "corporation," "company,"	6817
"incorporated," "limited," or any abbreviation of any of those	6818
words;	6819

(2) The use of any article, conjunction, contraction,	6820
abbreviation, or punctuation;	6821

(3) The use of a different tense or number of the same word.

6822

(C) A corporation may apply to the secretary of state for	6823
authorization to use a name that is not distinguishable upon the	6824
secretary of state's records from the name of any other	6825
corporation, limited liability company, limited liability	6826
partnership, or limited partnership, or from a registered trade	6827
name, if there also is filed in the office of the secretary of	6828
state, on a form prescribed by the secretary of state, the consent	6829
of the other entity or, in the case of a registered trade name,	6830
the person in whose name is registered the exclusive right to use	6831
the name, which consent is evidenced in a writing signed by any	6832
authorized officer or any authorized representative of the other	6833
entity or person.	6834

(D) In case of judicial sale or judicial transfer, by sale	6835
or transfer of good will or otherwise, of the right to use the	6836
name of a corporation, whether nonprofit or for profit, and	6837
whether that of a domestic corporation or of a foreign corporation	6838
authorized to exercise its corporate privileges in this state or	6839
to do business in this state, the secretary of state, at the	6840
instance of the purchaser or transferee of such right, shall	6841
accept for filing articles of a corporation with a name the same	6842
as or similar to the name of such other corporation, if there also	6843
is filed in the office of the secretary of state a certified copy	6844
of the decree or order of court confirming or otherwise evidencing	6845
the purchase or transfer.	6846

(E) Any person who wishes to reserve a name for a proposed	6847
new corporation, or any corporation intending to change its name,	6848
may submit to the secretary of state a written application, on a	6849
form prescribed by the secretary of state, for the exclusive right	6850
to use a specified name as the name of a corporation. If the	6851
secretary of state finds that, under this section, the specified	6852
name is available for such use, the secretary of state shall file	6853
the application and, from the date of the filing, the applicant	6854
shall have the exclusive right for sixty one hundred eighty days	6855
to use the specified name as the name of a corporation, counting	6856
the date of such filing as the first of sixty one hundred eighty	6857
days. The right so obtained may be transferred by the applicant	6858
or other holder thereof by the filing in the office of the	6859
secretary of state of a written transfer, on a form prescribed by	6860
the secretary of state, stating the name and address of the	6861
transferee.	6862

(F) For filing under this section any application or other	6863
document, other than articles or a consent to the use of a name,	6864
the secretary of state shall charge and collect a fee of five	6865
dollars.	6866

Sec. 1701.07.  (A) Every corporation shall have and maintain	6867
an agent, sometimes referred to as the "statutory agent," upon	6868
whom any process, notice, or demand required or permitted by	6869
statute to be served upon a corporation may be served. The agent	6870
may be a natural person who is a resident of this state or may be	6871
a domestic corporation or a foreign corporation holding a license	6872
as such under the laws of this state, that is authorized by its	6873
articles of incorporation to act as such agent and that has a	6874
business address in this state.	6875

(B) The secretary of state shall not accept original	6876
articles for filing unless there is filed with the articles a	6877
written appointment of an agent that is signed by the	6878
incorporators of the corporation or a majority of them and a	6879
written acceptance of the appointment that is signed by the agent.	6880
In all other cases, the corporation shall appoint the agent and	6881
shall file in the office of the secretary of state a written	6882
appointment of the agent that is signed by any authorized officer	6883
of the corporation and a written acceptance of the appointment	6884
that is either the original acceptance signed by the agent or a	6885
photocopy, facsimile, or similar reproduction of the original	6886
acceptance signed by the agent.	6887

(C) The written appointment of an agent shall set forth the	6888
name and address in this state of the agent, including the street	6889
and number or other particular description, and shall otherwise be	6890
in such form as the secretary of state prescribes. The secretary	6891
of state shall keep a record of the names of corporations, and the	6892
names and addresses of their respective agents.	6893

(D) If any agent dies, removes from the state, or resigns,	6894
the corporation shall forthwith appoint another agent and file	6895
with the secretary of state, on a form prescribed by the secretary	6896
of state, a written appointment of the agent.	6897

(E) Unless the change is reported on the annual report filed	6898
with the department of taxation, if the agent changes the agent's	6899
address from that appearing upon the record in the office of the	6900
secretary of state, the corporation or the agent shall forthwith	6901
file with the secretary of state, on a form prescribed by the	6902
secretary of state, a written statement setting forth the new	6903
address.	6904

(F) An agent may resign by filing with the secretary of	6905
state, on a form prescribed by the secretary of state, a written	6906
notice to that effect that is signed by the agent and by sending a	6907
copy of the notice to the corporation at the current or last known	6908
address of its principal office on or prior to the date the notice	6909
is filed with the secretary of state. The notice shall set forth	6910
the name of the corporation, the name and current address of the	6911
agent, the current or last known address, including the street and	6912
number or other particular description, of the corporation's	6913
principal office, the resignation of the agent, and a statement	6914
that a copy of the notice has been sent to the corporation within	6915
the time and in the manner prescribed by this division. Upon the	6916
expiration of thirty days after the filing, the authority of the	6917
agent shall terminate.	6918

(G) A corporation may revoke the appointment of an agent by	6919
filing with the secretary of state, on a form prescribed by the	6920
secretary of state, a written appointment of another agent and a	6921
statement that the appointment of the former agent is revoked.	6922

(H) Any process, notice, or demand required or permitted by	6923
statute to be served upon a corporation may be served upon the	6924
corporation by delivering a copy of it to its agent, if a natural	6925
person, or by delivering a copy of it at the address of its agent	6926
in this state, as the address appears upon the record in the	6927
office of the secretary of state. If (1) the agent cannot be	6928
found, or (2) the agent no longer has that address, or (3) the	6929
corporation has failed to maintain an agent as required by this	6930
section, and if in any such case the party desiring that the	6931
process, notice, or demand be served, or the agent or	6932
representative of the party, shall have filed with the secretary	6933
of state an affidavit stating that one of the foregoing conditions	6934
exists and stating the most recent address of the corporation that	6935
the party after diligent search has been able to ascertain, then	6936
service of process, notice, or demand upon the secretary of state,	6937
as the agent of the corporation, may be initiated by delivering to	6938
the secretary of state or at the secretary of state's office	6939
quadruplicate copies of such process, notice, or demand and by	6940
paying to the secretary of state a fee of five dollars. The	6941
secretary of state shall forthwith give notice of the delivery to	6942
the corporation at its principal office as shown upon the record	6943
in the secretary of state's office and at any different address	6944
shown on its last franchise tax report filed in this state, or to	6945
the corporation at any different address set forth in the above	6946
mentioned affidavit, and shall forward to the corporation at said	6947
addresses, by certified mail, with request for return receipt, a	6948
copy of the process, notice, or demand; and thereupon service upon	6949
the corporation shall be deemed to have been made.	6950

(I) The secretary of state shall keep a record of each	6951
process, notice, and demand delivered to the secretary of state or	6952
at the secretary of state's office under this section or any other	6953
law of this state that authorizes service upon the secretary of	6954
state, and shall record the time of the delivery and the action	6955
thereafter with respect thereto.	6956

(J) This section does not limit or affect the right to serve	6957
any process, notice, or demand upon a corporation in any other	6958
manner permitted by law.	6959

(K) Every corporation shall state in each annual report	6960
filed by it with the department of taxation the name and address	6961
of its statutory agent.	6962

(L) Except when an original appointment of an agent is filed	6963
with the original articles, a written appointment of an agent or a	6964
written statement filed by a corporation with the secretary of	6965
state shall be signed by any authorized officer of the corporation	6966
or by the incorporators of the corporation or a majority of them	6967
if no directors have been elected.	6968

(M) For filing a written appointment of an agent other than	6969
one filed with original articles, and for filing a statement of	6970
change of address of an agent, the secretary of state shall charge	6971
and collect a the fee specified in division (R) of three dollars	6972
section 111.16 of the Revised Code.	6973

(N) Upon the failure of a corporation to appoint another	6974
agent or to file a statement of change of address of an agent, the	6975
secretary of state shall give notice thereof by certified mail to	6976
the corporation at the address set forth in the notice of	6977
resignation or on the last franchise tax return filed in this	6978
state by the corporation. Unless the default is cured within	6979
thirty days after the mailing by the secretary of state of the	6980
notice or within any further period of time that the secretary of	6981
state grants, upon the expiration of that period of time from the	6982
date of the mailing, the articles of the corporation shall be	6983
canceled without further notice or action by the secretary of	6984
state. The secretary of state shall make a notation of the	6985
cancellation on the secretary of state's records.	6986

A corporation whose articles have been canceled may be	6987
reinstated by filing, on a form prescribed by the secretary of	6988
state, an application for reinstatement and the required	6989
appointment of agent or required statement, and by paying a the	6990
filing fee specified in division (Q) of ten dollars section 111.16	6991
of the Revised Code. The rights, privileges, and franchises of a	6992
corporation whose articles have been reinstated are subject to	6993
section 1701.922 of the Revised Code. The secretary of state	6994
shall furnish the tax commissioner a monthly list of all	6995
corporations canceled and reinstated under this division.	6996

(O) This section does not apply to banks, trust companies,	6997
insurance companies, or any corporation defined under the laws of	6998
this state as a public utility for taxation purposes.	6999

Sec. 1701.81.  (A) Upon adoption by each constituent entity	7000
of an agreement of merger or consolidation pursuant to section	7001
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the	7002
Revised Code, a certificate of merger or consolidation shall be	7003
filed with the secretary of state that is signed by any authorized	7004
representative of each constituent corporation, partnership, or	7005
other entity. The certificate shall be on a form prescribed by	7006
the secretary of state and shall set forth only the information	7007
required by this section.	7008

(B)(1) The certificate of merger or consolidation shall set	7009
forth all of the following:	7010

(a) The name and the form of entity of each constituent	7011
entity and the state under the laws of which each constituent	7012
entity exists;	7013

(b) A statement that each constituent entity has complied	7014
with all of the laws under which it exists and that the laws	7015
permit the merger or consolidation;	7016

(c) The name and mailing address of the person or entity	7017
that is to provide, in response to any written request made by a	7018
shareholder, partner, or other equity holder of a constituent	7019
entity, a copy of the agreement of merger or consolidation;	7020

(d) The effective date of the merger or consolidation, which	7021
date may be on or after the date of the filing of the certificate;	7022

(e) The signature of each representative authorized to sign	7023
the certificate on behalf of each constituent entity and the	7024
office held or the capacity in which the representative is acting;	7025

(f) A statement that the agreement of merger or	7026
consolidation is authorized on behalf of each constituent entity	7027
and that each person who signed the certificate on behalf of each	7028
entity is authorized to do so;	7029

(g) In the case of a merger, a statement that one or more	7030
specified constituent entities will be merged into a specified	7031
surviving entity or, in the case of a consolidation, a statement	7032
that the constituent entities will be consolidated into a new	7033
entity;	7034

(h) In the case of a merger, if the surviving entity is a	7035
foreign entity not licensed to transact business in this state,	7036
the name and address of the statutory agent upon whom any process,	7037
notice, or demand against any constituent entity may be served;	7038

(i) In the case of a consolidation, the name and address of	7039
the statutory agent upon whom any process, notice, or demand	7040
against any constituent entity or the new entity may be served.	7041

(2) In the case of a consolidation into a new domestic	7042
corporation, limited liability company, or limited partnership,	7043
the articles of incorporation, the articles of organization, or	7044
the certificate of limited partnership of the new domestic entity	7045
shall be filed with the certificate of merger or consolidation.	7046

(3) In the case of a merger into a domestic corporation,	7047
limited liability company, or limited partnership, any amendments	7048
to the articles of incorporation, articles of organization, or	7049
certificate of limited partnership of the surviving domestic	7050
entity shall be filed with the certificate of merger or	7051
consolidation.	7052

(4) If the surviving or new entity is a foreign entity that	7053
desires to transact business in this state as a foreign	7054
corporation, limited liability company, or limited partnership,	7055
the certificate of merger or consolidation shall be accompanied by	7056
the information required by division (B)(8), (9), or (10) of	7057
section 1701.791 of the Revised Code.	7058

(5) If a foreign or domestic corporation licensed to	7059
transact business in this state is a constituent entity and the	7060
surviving or new entity resulting from the merger or consolidation	7061
is not a foreign or domestic corporation that is to be licensed to	7062
transact business in this state, the certificate of merger or	7063
consolidation shall be accompanied by the affidavits, receipts,	7064
certificates, or other evidence required by division (H) of	7065
section 1701.86 of the Revised Code, with respect to each domestic	7066
constituent corporation, and by the affidavits, receipts,	7067
certificates, or other evidence required by division (C) or (D) of	7068
section 1703.17 of the Revised Code, with respect to each foreign	7069
constituent corporation licensed to transact business in this	7070
state.	7071

(C) If any constituent entity in a merger or consolidation	7072
is organized or formed under the laws of a state other than this	7073
state or under any chapter of the Revised Code other than this	7074
chapter, there also shall be filed in the proper office all	7075
documents that are required to be filed in connection with the	7076
merger or consolidation by the laws of that state or by that	7077
chapter.	7078

(D) Upon the filing of a certificate of merger or	7079
consolidation and other filings as described in division (C) of	7080
this section or at such later date as the certificate of merger or	7081
consolidation specifies, the merger or consolidation is effective.	7082

(E) The secretary of state shall furnish, upon request and	7083
payment of a the fee specified in division (D) of ten dollars	7084
section 111.16 of the Revised Code, the secretary of state's	7085
certificate setting forth the name and the form of entity of each	7086
constituent entity and the states under the laws of which each	7087
constituent entity existed prior to the merger or consolidation,	7088
the name and the form of entity of the surviving or new entity and	7089
the state under the laws of which the surviving entity exists or	7090
the new entity is to exist, the date of filing of the certificate	7091
of merger or consolidation with the secretary of state, and the	7092
effective date of the merger or consolidation. The certificate of	7093
the secretary of state, or a copy of the certificate of merger or	7094
consolidation certified by the secretary of state, may be filed	7095
for record in the office of the recorder of any county in this	7096
state and, if filed, shall be recorded in the records of deeds for	7097
that county. For that recording, the county recorder shall charge	7098
and collect the same fee as in the case of deeds.	7099

Sec. 1702.05.  (A) Except as provided in this section and in	7100
sections 1702.41 and 1702.45 of the Revised Code, the secretary of	7101
state shall not accept for filing in the secretary of state's	7102
office any articles if the corporate name set forth in the	7103
articles is not distinguishable upon the secretary of state's	7104
records from any of the following:	7105

(1) The name of any other corporation, whether a nonprofit	7106
corporation or a business corporation and whether that of a	7107
domestic or of a foreign corporation authorized to do business in	7108
this state;	7109

(2) The name of any limited liability company registered in	7110
the office of the secretary of state pursuant to Chapter 1705. of	7111
the Revised Code, whether domestic or foreign;	7112

(3) The name of any limited liability partnership registered	7113
in the office of the secretary of state pursuant to Chapter 1775.	7114
of the Revised Code, whether domestic or foreign;	7115

(4) The name of any limited partnership registered in the	7116
office of the secretary of state pursuant to Chapter 1782. of the	7117
Revised Code, whether domestic or foreign;	7118

(5) Any trade name, the exclusive right to which is at the	7119
time in question registered in the office of the secretary of	7120
state pursuant to Chapter 1329. of the Revised Code.	7121

(B) The secretary of state shall determine for purposes of	7122
this section whether a name is "distinguishable" from another name	7123
upon the secretary of state's records. Without excluding other	7124
names that may not constitute distinguishable names in this state,	7125
a name is not considered distinguishable from another name for	7126
purposes of this section solely because it differs from the other	7127
name in only one or more of the following manners:	7128

(1) The use of the word "corporation," "company,"	7129
"incorporated," "limited," or any abbreviation of any of those	7130
words;	7131

(2) The use of any article, conjunction, contraction,	7132
abbreviation, or punctuation;	7133

(3) The use of a different tense or number of the same word.

7134

(C) A corporation may apply to the secretary of state for	7135
authorization to use a name that is not distinguishable upon the	7136
secretary of state's records from the name of any other	7137
corporation, any limited liability company, limited liability	7138
partnership, or limited partnership, or from a registered trade	7139
name, if there also is filed in the office of the secretary of	7140
state, on a form prescribed by the secretary of state, the consent	7141
of the other entity, or, in the case of a registered trade name,	7142
the person in whose name is registered the exclusive right to use	7143
the name, which consent is evidenced in a writing signed by any	7144
authorized officer or authorized representative of the other	7145
entity or person.	7146

(D) In case of judicial sale or judicial transfer, by sale	7147
or transfer of good will or otherwise, of the right to use the	7148
name of a nonprofit corporation or business corporation, whether	7149
that of a domestic corporation or of a foreign corporation	7150
authorized to exercise its corporate privileges in this state or	7151
to do business in this state, the secretary of state, at the	7152
instance of the purchaser or transferee of such right, shall	7153
accept for filing articles of a corporation with a name the same	7154
as or similar to the name of such other corporation, if there also	7155
is filed in the office of the secretary of state a certified copy	7156
of the decree or order of court confirming or otherwise evidencing	7157
the purchase or transfer.	7158

(E) Any person who wishes to reserve a name for a proposed	7159
new corporation, or any corporation intending to change its name,	7160
may submit to the secretary of state a written application, on a	7161
form prescribed by the secretary of state, for the exclusive right	7162
to use a specified name as the name of a corporation. If the	7163
secretary of state finds that, under this section, the specified	7164
name is available for such use, the secretary of state shall file	7165
such application, and, from the date of such filing, such	7166
applicant shall have the exclusive right for sixty one hundred	7167
eighty days to use the specified name as the name of a	7168
corporation, counting the date of such filing as the first of the	7169
sixty one hundred eighty days. The right so obtained may be	7170
transferred by the applicant or other holder of the right by the	7171
filing in the office of the secretary of state of a written	7172
transfer, on a form prescribed by the secretary of state, stating	7173
the name and address of the transferee.	7174

(F) For filing under this section any application or other	7175
document, other than articles or a consent to the use of a name,	7176
the secretary of state shall charge and collect a fee of five	7177
dollars.	7178

Sec. 1702.06.  (A) Every corporation shall have and maintain	7179
an agent, sometimes referred to as the "statutory agent," upon	7180
whom any process, notice, or demand required or permitted by	7181
statute to be served upon a corporation may be served. The agent	7182
may be a natural person who is a resident of this state, or may be	7183
a domestic or foreign business corporation holding a license as	7184
such under the laws of this state that is authorized by its	7185
articles of incorporation to act as such agent, and that has a	7186
business address in this state.	7187

(B) The secretary of state shall not accept original	7188
articles for filing unless there is filed with the articles a	7189
written appointment of an agent signed by the incorporators of the	7190
corporation or a majority of them and a written acceptance of the	7191
appointment signed by the agent. In all other cases, the	7192
corporation shall appoint the agent and shall file in the office	7193
of the secretary of state a written appointment of the agent that	7194
is signed by any authorized officer of the corporation and a	7195
written acceptance of the appointment that is either the original	7196
acceptance signed by the agent or a photocopy, facsimile, or	7197
similar reproduction of the original acceptance signed by the	7198
agent.	7199

(C) The written appointment of an agent shall set forth the	7200
name and address in this state of the agent, including the street	7201
and number or other particular description, and shall otherwise be	7202
in such form as the secretary of state prescribes. The secretary	7203
of state shall keep a record of the names of corporations and the	7204
names and addresses of their respective agents.	7205

(D) If any agent dies, removes from the state, or resigns,	7206
the corporation shall forthwith appoint another agent and file	7207
with the secretary of state, on a form prescribed by the secretary	7208
of state, a written appointment of that agent.	7209

(E) If the agent changes the agent's address from that	7210
appearing upon the record in the office of the secretary of state,	7211
the corporation or the agent shall forthwith file with the	7212
secretary of state, on a form prescribed by the secretary of	7213
state, a written statement setting forth the new address.	7214

(F) An agent may resign by filing with the secretary of	7215
state, on a form prescribed by the secretary of state, a written	7216
notice to that effect that is signed by the agent and by sending a	7217
copy of the notice to the corporation at the current or last known	7218
address of its principal office on or prior to the date that	7219
notice is filed with the secretary of state. The notice shall set	7220
forth the name of the corporation, the name and current address of	7221
the agent, the current or last known address, including the street	7222
and number or other particular description, of the corporation's	7223
principal office, the resignation of the agent, and a statement	7224
that a copy of the notice has been sent to the corporation within	7225
the time and in the manner prescribed by this division. Upon the	7226
expiration of sixty days after such filing, the authority of the	7227
agent shall terminate.	7228

(G) A corporation may revoke the appointment of an agent by	7229
filing with the secretary of state, on a form prescribed by the	7230
secretary of state, a written appointment of another agent and a	7231
statement that the appointment of the former agent is revoked.	7232

(H) Any process, notice, or demand required or permitted by	7233
statute to be served upon a corporation may be served upon the	7234
corporation by delivering a copy of it to its agent, if a natural	7235
person, or by delivering a copy of it at the address of its agent	7236
in this state, as such address appears upon the record in the	7237
office of the secretary of state. If (1) the agent cannot be	7238
found, or (2) the agent no longer has that address, or (3) the	7239
corporation has failed to maintain an agent as required by this	7240
section, and if in any such case the party desiring that such	7241
process, notice, or demand be served, or the agent or	7242
representative of the party, shall have filed with the secretary	7243
of state an affidavit stating that one of the foregoing conditions	7244
exists and stating the most recent address of the corporation that	7245
the party after diligent search has been able to ascertain, then	7246
service of process, notice, or demand upon the secretary of state,	7247
as the agent of the corporation, may be initiated by delivering to	7248
the secretary of state or at the secretary of state's office	7249
triplicate copies of such process, notice, or demand and by paying	7250
to the secretary of state a fee of five dollars. The secretary of	7251
state shall forthwith give notice of such delivery to the	7252
corporation at its principal office as shown upon the record in	7253
the secretary of state's office and also to the corporation at any	7254
different address set forth in the above mentioned affidavit, and	7255
shall forward to the corporation at each of those addresses, by	7256
certified mail, with request for return receipt, a copy of such	7257
process, notice, or demand; and thereupon service upon the	7258
corporation shall be deemed to have been made.	7259

(I) The secretary of state shall keep a record of each	7260
process, notice, and demand delivered to the secretary of state or	7261
at the secretary of state's office under this section or any other	7262
law of this state that authorizes service upon the secretary of	7263
state, and shall record the time of such delivery and the	7264
secretary of state's action thereafter with respect thereto.	7265

(J) This section does not limit or affect the right to serve	7266
any process, notice, or demand upon a corporation in any other	7267
manner permitted by law.	7268

(K) Except when an original appointment of an agent is filed	7269
with the original articles, a written appointment of an agent or a	7270
written statement filed by a corporation with the secretary of	7271
state shall be signed by any authorized officer of the corporation	7272
or by the incorporators of the corporation or a majority of them	7273
if no directors have been elected.	7274

(L) For filing a written appointment of an agent other than	7275
one filed with original articles, and for filing a statement of	7276
change of address of an agent, the secretary of state shall charge	7277
and collect a the fee specified in division (R) of three dollars	7278
section 111.16 of the Revised Code.	7279

(M) Upon the failure of any corporation to appoint another	7280
agent or to file a statement of change of address of an agent, the	7281
secretary of state shall give notice thereof by certified mail to	7282
the corporation at the address set forth in the notice of	7283
resignation or on the most recent statement of continued existence	7284
filed in this state by the corporation. Unless the failure is	7285
cured within thirty days after the mailing by the secretary of	7286
state of the notice or within any further period the secretary of	7287
state grants, upon the expiration of that period, the articles of	7288
the corporation shall be canceled without further notice or action	7289
by the secretary of state. The secretary of state shall make a	7290
notation of the cancellation on the secretary of state's records.	7291
A corporation whose articles have been canceled may be reinstated	7292
by filing, on a form prescribed by the secretary of state, an	7293
application for reinstatement and the required appointment of	7294
agent or required statement, and by paying a the filing fee	7295
specified in division (Q) of ten dollars section 111.16 of the	7296
Revised Code. The rights, privileges, and franchises of a	7297
corporation whose articles have been reinstated are subject to	7298
section 1702.60 of the Revised Code. The secretary of state shall	7299
furnish the tax commissioner a monthly list of all corporations	7300
canceled and reinstated under this division.	7301

(N) This section does not apply to banks, trust companies,	7302
insurance companies, or any corporation defined under the laws of	7303
this state as a public utility for taxation purposes.	7304

Sec. 1702.43.  (A) Upon adoption by each constituent	7305
corporation of an agreement of merger or consolidation pursuant to	7306
section 1702.42 or 1702.45 of the Revised Code, a certificate of	7307
merger or consolidation, signed by any authorized representative	7308
of each constituent corporation, shall be filed with the secretary	7309
of state. The certificate shall be on a form prescribed by the	7310
secretary of state and shall set forth only the information	7311
required by this section.	7312

(1) The certificate of merger or consolidation shall set	7313
forth all of the following:	7314

(a) The name of each constituent entity and the state under	7315
whose laws each constituent entity exists;	7316

(b) A statement that each constituent entity has complied	7317
with all of the laws under which it exists and that the laws	7318
permit the merger or consolidation;	7319

(c) The name and mailing address of the person or entity	7320
that is to provide, in response to any written request made by a	7321
member or other person, a copy of the agreement of merger or	7322
consolidation;	7323

(d) The effective date of the merger or consolidation, which	7324
date may be on or after the date of the filing of the certificate;	7325

(e) The signature of each representative authorized to sign	7326
the certificate on behalf of each constituent entity and the	7327
office each representative authorized to sign holds or the	7328
capacity in which the representative is acting;	7329

(f) A statement that the agreement of merger or	7330
consolidation is authorized on behalf of each constituent entity	7331
and that each person who signed the certificate on behalf of each	7332
entity is authorized to do so;	7333

(g) In the case of a merger, a statement that one or more	7334
specified constituent entities will be merged into a specified	7335
surviving entity or, in the case of a consolidation, a statement	7336
that the constituent entities will be consolidated into a new	7337
entity;	7338

(h) In the case of a merger, if the surviving entity is a	7339
foreign entity not licensed to transact business in this state,	7340
the name and address of the statutory agent upon whom any process,	7341
notice, or demand may be served;	7342

(i) In the case of a consolidation, the name and address of	7343
the statutory agent upon whom any process, notice, or demand	7344
against any constituent entity or the new entity may be served.	7345

(2) In the case of a consolidation into a new domestic	7346
corporation, the certificate of consolidation shall be accompanied	7347
by a copy of the articles of incorporation of the new domestic	7348
corporation.	7349

(3) In the case of a merger into a domestic corporation, the	7350
certificate of merger shall be accompanied by a copy of any	7351
amendments to the articles of incorporation of the surviving	7352
domestic corporation.	7353

(4) If the surviving or new entity is a foreign entity that	7354
desires to transact business in this state as a foreign	7355
corporation, the certificate of merger or consolidation shall	7356
contain a statement to that effect and a statement with respect to	7357
the appointment of the statutory agent and with respect to the	7358
consent to service of any process, notice, or demand upon that	7359
statutory agent or the secretary of state, as required when a	7360
foreign corporation applies for a certificate authorizing it to	7361
transact business in this state.	7362

(5) If a domestic or foreign corporation licensed to	7363
transact business in this state is a constituent entity and the	7364
surviving or new entity resulting from the merger or consolidation	7365
is not a domestic or foreign corporation that is to be licensed to	7366
transact business in this state, the certificate of merger or	7367
consolidation shall be accompanied by the affidavits, receipts,	7368
certificates, or other evidence required by division (G) of	7369
section 1702.47 of the Revised Code, with respect to each domestic	7370
corporation, and by the affidavits, receipts, certificates, or	7371
other evidence required by division (C) or (D) of section 1703.17	7372
of the Revised Code, with respect to each foreign constituent	7373
corporation licensed to transact business in this state.	7374

(B) If any constituent entity in a merger or consolidation	7375
is organized or formed under the laws of a state other than this	7376
state or under any chapter of the Revised Code other than this	7377
chapter, there also shall be filed in the proper office all	7378
documents that are required to be filed in connection with the	7379
merger or consolidation by the laws of that state or by that	7380
chapter.	7381

(C) Upon the filing of a certificate of merger or	7382
consolidation and other filings as described in division (B) of	7383
this section, or at such later date as the certificate of merger	7384
or consolidation specifies, the merger or consolidation shall	7385
become effective.	7386

(D) The secretary of state shall furnish, upon request and	7387
payment of a the fee specified in division (D) of ten dollars	7388
section 111.16 of the Revised Code, a certificate setting forth	7389
the name of each constituent entity and the state under whose laws	7390
each constituent entity existed prior to the merger or	7391
consolidation, the name of the surviving or new entity and the	7392
state under whose laws the surviving entity exists or the new	7393
entity is to exist, the date of filing of the certificate of	7394
merger or consolidation with the secretary of state, and the	7395
effective date of the merger or consolidation. The certificate of	7396
the secretary of state or a copy of the merger or consolidation	7397
certified by the secretary of state may be filed for record in the	7398
office of the recorder of any county in this state and, if filed,	7399
shall be recorded in the records of deeds for that county. For	7400
that recording, the county recorder shall charge and collect the	7401
same fee as in the case of deeds.	7402

Sec. 1702.59.  (A) Every nonprofit corporation, incorporated	7403
under the general corporation laws of this state, or previous	7404
laws, or under special provisions of the Revised Code, or created	7405
before September 1, 1851, which corporation has expressedly or	7406
impliedly elected to be governed by the laws passed since that	7407
date, and whose articles or other documents are filed with the	7408
secretary of state, shall file with the secretary of state a	7409
verified statement of continued existence, signed by a director,	7410
officer, or three members in good standing, setting forth the	7411
corporate name, the place where the principal office of the	7412
corporation is located, the date of incorporation, the fact that	7413
the corporation is still actively engaged in exercising its	7414
corporate privileges, and the name and address of its agent	7415
appointed pursuant to section 1702.06 of the Revised Code.	7416

(B) Each corporation required to file a statement of	7417
continued existence shall file it with the secretary of state	7418
within each five years after the date of incorporation or of the	7419
last corporate filing. For filing such statements of continued	7420
existence, the secretary of state shall charge and collect a fee	7421
of five dollars.	7422

(C) Corporations specifically exempted by division (N) of	7423
section 1702.06 of the Revised Code, or whose activities are	7424
regulated or supervised by another state official, agency, bureau,	7425
department, or commission are exempted from this section.	7426

(D) The secretary of state shall give notice in writing and	7427
provide a form for compliance with this section to each	7428
corporation required by this section to file the statement of	7429
continued existence, such notice and form to be mailed to the last	7430
known address of the corporation as it appears on the records of	7431
the secretary of state or which the secretary of state may	7432
ascertain upon a reasonable search.	7433

(E) In the event If any nonprofit corporation required by	7434
this section to file a statement of continued existence fails to	7435
file the statement required every fifth year, then the secretary	7436
of state shall cancel the articles of such corporation, make a	7437
notation of the cancellation on the records, and mail to the	7438
corporation a certificate of the action so taken.	7439

(F) A corporation whose articles have been canceled may be	7440
reinstated by filing an application for reinstatement and paying	7441
to the secretary of state a the fee specified in division (Q) of	7442
ten dollars section 111.16 of the Revised Code. The name of a	7443
corporation whose articles have been canceled shall be reserved	7444
for a period of one year after the date of cancellation. If the	7445
reinstatement is not made within one year from the date of the	7446
cancellation of its articles of incorporation and it appears that	7447
a corporate name, limited liability company name, limited	7448
liability partnership name, limited partnership name, or trade	7449
name has been filed, the name of which is not distinguishable upon	7450
the record as provided in section 1702.06 of the Revised Code, the	7451
applicant for reinstatement shall be required by the secretary of	7452
state, as a condition prerequisite to such reinstatement, to amend	7453
its articles by changing its name. A certificate of reinstatement	7454
may be filed in the recorder's office of any county in the state,	7455
for which the recorder shall charge and collect a fee of one	7456
dollar. The rights, privileges, and franchises of a corporation	7457
whose articles have been reinstated are subject to section 1702.60	7458
of the Revised Code.	7459

(G) The secretary of state shall furnish the tax	7460
commissioner a list of all corporations failing to file the	7461
required statement of continued existence.	7462

Sec. 1703.04.  (A) To procure a license to transact business	7463
in this state, a foreign corporation for profit shall file with	7464
the secretary of state a certificate of good standing or	7465
subsistence, dated not earlier than ninety days prior to the	7466
filing of the application, under the seal of the secretary of	7467
state, or other proper official, of the state under the laws of	7468
which said corporation was incorporated, setting forth:	7469

(1) The exact corporate title;

7470

(2) The date of incorporation;

7471

(3) The fact that the corporation is in good standing or is	7472
a subsisting corporation.	7473

(B) To procure such a license, such corporation also shall	7474
file with the secretary of state an application in such form as	7475
the secretary of state prescribes, verified by the oath of any	7476
authorized officer of such corporation, setting forth, but not	7477
limited to:	7478

(1) The name of the corporation and, if its corporate name	7479
is not available, the trade name under which it will do business	7480
in this state;	7481

(2) The name of the state under the laws of which it was	7482
incorporated;	7483

(3) The location and complete address of its principal	7484
office;	7485

(4) The name of the county and the municipal corporation or	7486
township in which its principal office within this state, if any,	7487
is to be located;	7488

(5) The appointment of a designated agent and the complete	7489
address of such agent;	7490

(6) The irrevocable consent of such corporation to service	7491
of process on such agent so long as the authority of such agent	7492
continues and to service of process upon the secretary of state in	7493
the events provided for in section 1703.19 of the Revised Code;	7494

(7) A brief summary of the corporate purposes to be	7495
exercised within this state.	7496

(C) Upon the filing by a foreign corporation for profit of an	7497
application for a license to transact business in this state, the	7498
corporation shall pay a filing fee of one hundred dollars to the	7499
secretary of state.	7500

(D)(1) No such application for a license shall be accepted	7501
for filing if it appears that the name of the foreign corporation	7502
is prohibited by law or is not distinguishable upon the records in	7503
the office of the secretary of state from the name of any other	7504
corporation, whether nonprofit or for profit and whether that of a	7505
domestic corporation or of a foreign corporation authorized to	7506
transact business in this state, the name of a limited liability	7507
company registered in the office of the secretary of state	7508
pursuant to Chapter 1705. of the Revised Code, whether domestic or	7509
foreign, the name of any limited liability partnership registered	7510
in the office of the secretary of state pursuant to Chapter 1775.	7511
of the Revised Code, whether domestic or foreign, the name of any	7512
limited partnership registered in the office of the secretary of	7513
state pursuant to Chapter 1782. of the Revised Code, whether	7514
domestic or foreign, or a trade name to which the exclusive right	7515
at the time in question is registered in the manner provided in	7516
Chapter 1329. of the Revised Code, unless there also is filed with	7517
the secretary of state, on a form prescribed by the secretary of	7518
state, the consent of the other entity or person to the use of the	7519
name, evidenced in a writing signed by any authorized officer of	7520
the other entity or authorized representative of the other person	7521
owning the exclusive right to the registered trade name.	7522

(2) Notwithstanding division (D)(C)(1) of this section, if	7523
an application for a license is not acceptable for filing solely	7524
because the name of the foreign corporation is not distinguishable	7525
from the name of another entity or registered trade name, the	7526
foreign corporation may be authorized to transact business in this	7527
state by filing with the secretary of state, in addition to those	7528
items otherwise prescribed by this section, a statement signed by	7529
an authorized officer directing the foreign corporation to make	7530
application for a license to transact business in this state under	7531
an assumed business name or names that comply with the	7532
requirements of this division and stating that the foreign	7533
corporation will transact business in this state only under the	7534
assumed name or names. The application for a license shall be on	7535
a form prescribed by the secretary of state.	7536

Sec. 1703.041.  (A) Every foreign corporation for profit	7537
that is licensed to transact business in this state, and every	7538
foreign nonprofit corporation that is licensed to exercise its	7539
corporate privileges in this state, shall have and maintain an	7540
agent, sometimes referred to as the "designated agent," upon whom	7541
process against the corporation may be served within this state.	7542
The agent may be a natural person who is a resident of this state,	7543
or may be a domestic corporation for profit or a foreign	7544
corporation for profit holding a license under the laws of this	7545
state that is authorized by its articles of incorporation to act	7546
as an agent and that has a business address in this state.	7547

(B) The written appointment of a designated agent shall set	7548
forth the name and address of the agent, including the street and	7549
number or other particular description, and shall otherwise be in	7550
such form as the secretary of state prescribes. The secretary of	7551
state shall keep a record of the names of such foreign	7552
corporations and the names and addresses of their respective	7553
agents.	7554

(C) If the designated agent dies, removes from the state, or	7555
resigns, the foreign corporation shall forthwith appoint another	7556
agent and file in the office of the secretary of state an	7557
amendment to the corporation's application for a foreign license	7558
indicating the name and address, on a form prescribed by the	7559
secretary of state, a written appointment of the new agent.	7560

(D) If the designated agent changes the agent's address from	7561
that appearing upon the record in the office of the secretary of	7562
state, the foreign corporation or the designated agent in its	7563
behalf shall forthwith file with the secretary of state an	7564
amendment to the corporation's application for a foreign license	7565
setting forth the new address unless the change is reported on the	7566
annual report filed with the department of taxation, on a form	7567
prescribed by the secretary of state, a written statement setting	7568
forth the agent's new address.	7569

(E) A designated agent may resign by filing with the	7570
secretary of state, on a form prescribed by the secretary of	7571
state, a signed statement to that effect. The secretary of state	7572
shall forthwith mail a copy of such the statement to the foreign	7573
corporation at its principal office as shown by the record in the	7574
secretary of state's office. Upon the expiration of sixty days	7575
after the filing, the authority of the agent shall terminate.	7576

(F) A foreign corporation may revoke the appointment of a	7577
designated agent by filing with the secretary of state an	7578
amendment to its application for a foreign license appointing	7579
another agent that includes, on a form prescribed by the secretary	7580
of state, a written appointment of another agent and a statement	7581
that the appointment of the former agent is revoked.	7582

(G) Process may be served upon a foreign corporation by	7583
delivering a copy of it to its designated agent, if a natural	7584
person, or by delivering a copy of it at the address of its agent	7585
in this state, as the address appears upon the record in the	7586
office of the secretary of state.	7587

(H) This section does not limit or affect the right to serve	7588
process upon a foreign corporation in any other manner permitted	7589
by law.	7590

(I) Every foreign corporation for profit shall state in each	7591
annual report filed by it with the department of taxation the name	7592
and address of its designated agent in this state.	7593

Sec. 1703.15.  No foreign corporation shall transact in this	7594
state any business that could not be lawfully transacted by a	7595
domestic corporation. Whenever the secretary of state finds that	7596
a foreign corporation licensed to transact business in this state	7597
is transacting in this state a business that a domestic	7598
corporation could not lawfully transact, is transacting business	7599
in this state in a corporate name that is not readily	7600
distinguishable from the name of every other corporation, limited	7601
liability company, limited liability partnership, or limited	7602
partnership, domestic or foreign, or every trade name, registered	7603
in the office of the secretary of state, theretofore authorized to	7604
transact business in this state, without the consent of the other	7605
corporation, limited liability company, limited liability	7606
partnership, limited partnership, or trade name registrant,	7607
evidenced in writing filed with the secretary of state pursuant to	7608
section 1703.04 of the Revised Code, or has failed, after the	7609
death or resignation of its designated agent or the designated	7610
agent's removal from this state, to designate another agent as	7611
required by section 1703.041 of the Revised Code, the secretary of	7612
state shall give notice thereof by certified mail to the	7613
corporation. Unless that failure is cured within thirty days	7614
after the mailing by the secretary of state of the notice or	7615
within such further period as the secretary of state grants, the	7616
secretary of state, upon the expiration of such period, shall	7617
cancel the license of the foreign corporation to transact business	7618
in this state, give notice of the cancellation to the corporation	7619
by mail, and make a notation of the cancellation on the secretary	7620
of state's records.	7621

A foreign corporation whose license has been canceled may be	7622
reinstated upon its filing with the secretary of state, on a form	7623
prescribed by the secretary of state, an application for	7624
reinstatement accompanied by a the fee specified in division (Q)	7625
of ten dollars section 111.16 of the Revised Code. If the	7626
application for reinstatement is submitted in a tax year or	7627
calendar year other than that in which the cancellation occurred,	7628
the application also shall be accompanied by a certificate of	7629
reinstatement issued by the department of taxation. The name of a	7630
corporation whose license has been canceled pursuant to this	7631
section shall be reserved for a period of one year after the date	7632
of cancellation. If the reinstatement is not made within one year	7633
after the date of cancellation of the foreign license and it	7634
appears that a corporate name, limited liability company name,	7635
limited liability partnership name, limited partnership name, or	7636
trade name has been filed, the name of which is not	7637
distinguishable upon the record as provided in division (D) of	7638
section 1703.04 of the Revised Code, the secretary of state shall	7639
require the applicant for the reinstatement, as a condition	7640
prerequisite to such reinstatement, to apply for authorization to	7641
transact business in this state under an assumed name.	7642

Sec. 1703.17.  (A) A foreign corporation may surrender its	7643
license to transact business in this state in the manner provided	7644
in this section.	7645

(B) A certificate of surrender signed by any authorized	7646
officer, or by the receiver, trustee in bankruptcy, or other	7647
liquidator of such corporation, shall be filed with the secretary	7648
of state, on a form prescribed by the secretary of state, setting	7649
forth:	7650

(1) The name of the corporation and of the state under the	7651
laws of which it is incorporated;	7652

(2) That it surrenders its license;

7653

(3) The address to which the secretary of state may mail any	7654
process against such corporation that may be served upon the	7655
secretary of state, and may mail any other notices, certificates,	7656
or statements.	7657

(C) A certificate of surrender, filed with the secretary of	7658
state, on a form prescribed by the secretary of state, shall be	7659
accompanied by:	7660

(1) A receipt, certificate, or other evidence showing the	7661
payment of all franchise, sales, use, and highway use taxes	7662
accruing up to the date of such filing, or that such payment has	7663
been adequately guaranteed;	7664

(2) A receipt, certificate, or other evidence showing the	7665
payment of all personal property taxes accruing up to the date of	7666
such filing;	7667

(3) A receipt, certificate, or other evidence from the	7668
director of job and family services showing that all contributions	7669
due from the corporation as an employer have been paid, or that	7670
such payment has been adequately guaranteed, or that the	7671
corporation is not subject to such contributions;	7672

(4) An affidavit of the officer, or other person permitted	7673
by law, executing the certificate of surrender, containing a	7674
statement of the counties, if any, in this state in which the	7675
corporation has personal property or a statement that the	7676
corporation is of a type required to pay personal property taxes	7677
to state authorities only.	7678

(D) In lieu of the receipt, certificate, or other evidence	7679
described in divisions (C)(1), (2), and (3) of this section, a	7680
certificate of surrender may be accompanied by an affidavit of the	7681
person executing the certificate of surrender, or of an officer of	7682
the corporation, that contains a statement of the date upon which	7683
the particular department, agency, or authority was advised in	7684
writing of the scheduled date of filing the certificate of	7685
surrender and was advised in writing of the acknowledgement by the	7686
corporation that the surrender of its license does not relieve it	7687
of liability, if any, for payment of the taxes and contributions	7688
described in divisions (C)(1), (2), and (3) of this section.	7689

(E) In lieu of filing such certificate of surrender there	7690
may be filed a certificate of the secretary of state, or other	7691
proper official, of the state under the laws of which the	7692
corporation is incorporated, certifying that said corporation has	7693
been dissolved or its corporate existence otherwise terminated, or	7694
a certified copy of an order of court terminating the existence of	7695
such corporation; but such certificate or certified copy shall be	7696
accompanied by the information required by division (B)(3) of this	7697
section.	7698

(F) For After the payment of the fee specified in division	7699
(N)(2) of section 111.16 of the Revised Code and the filing of any	7700
such certificate or certified copy under this section, there shall	7701
be paid to the secretary of state a filing fee of twenty-five	7702
dollars. The the secretary of state shall thereupon cancel the	7703
license of such corporation, make a notation of such cancellation	7704
upon the secretary of state's records, and mail to the corporation	7705
a certificate of the action so taken.	7706

(G) The mere retirement from business of a foreign	7707
corporation without filing a certificate of surrender shall not	7708
exempt such corporation from the requirements of filing the	7709
reports and paying the fees required by sections 1703.01 to	7710
1703.31 of the Revised Code, or from making reports and paying	7711
excise or franchise fees or taxes.	7712

Sec. 1703.27.  No foreign nonprofit corporation shall	7713
exercise its corporate privileges in this state in a continual	7714
course of transactions until it has first procured from the	7715
secretary of state a certificate authorizing it to do so.	7716

Before issuing such certificate, the secretary of state shall	7717
require such foreign corporation to file in the secretary of	7718
state's office a certificate of good standing or subsistence,	7719
setting forth the exact corporate title, the date of	7720
incorporation, and the fact that the corporation is in good	7721
standing or is a subsisting corporation, certified by the	7722
secretary of state, or other proper official, of the state under	7723
the laws of which the corporation was incorporated, and a	7724
statement, on a form prescribed by the secretary of state,	7725
verified by the oath of one of its officers, setting forth, but	7726
not limited to, the following:	7727

(A) The name of the corporation;

7728

(B) The state under the laws of which it is incorporated;

7729

(C) The location of its principal office;

7730

(D) The corporate privileges it proposes to exercise in this	7731
state;	7732

(E) The location of its principal office in this state;

7733

(F) The appointment of a designated agent and the complete	7734
address of such agent;	7735

(G) Its irrevocable consent to service of process on such	7736
agent so long as the authority of the agent continues and to	7737
service of process upon the secretary of state in the events	7738
provided for in section 1703.19 of the Revised Code.	7739

For the filing of such that statement, the secretary of state	7740
shall charge and collect a the fee specified in division (I)(1) of	7741
thirty-five dollars section 111.16 of the Revised Code.	7742

A foreign nonprofit corporation shall file an amendment with	7743
the secretary of state if there is a modification of any of the	7744
information required to be included in its statement, except for	7745
changes in information required by division (F) of this section,	7746
which shall be corrected in the same manner as described in	7747
section 1702.06 of the Revised Code. For the filing of such	7748
amendment those amendments and corrections, the secretary of state	7749
shall charge and collect a the fee specified in division (B) or	7750
(R) of fifty dollars section 111.16 of the Revised Code.	7751

Sections 1703.01 to 1703.31 of the Revised Code, governing	7752
foreign corporations for profit in respect to exemption from	7753
attachment, change of location of principal office, change of its	7754
designated agent or of the designated agent's address, service on	7755
the secretary of state, license certificate as prima-facie	7756
evidence, proof of due incorporation, filing of amendments	7757
evidencing changes of corporate name, merger, or consolidation,	7758
filing of certificate of surrender, service on retired	7759
corporation, and penalties or forfeitures for transacting business	7760
without license, for false reports, and for failure to comply with	7761
other applicable provisions of such sections, shall also apply to	7762
foreign nonprofit corporations.	7763

The secretary of state may require further reports,	7764
certificates, or information from a foreign nonprofit corporation,	7765
including verification of the continued existence of the	7766
corporation. Upon the failure of any corporation to provide the	7767
information, the secretary of state shall give notice of the	7768
failure by certified mail and, if the report is not filed within	7769
thirty days after the mailing of the notice, the license of the	7770
corporation to exercise its corporate privileges in this state	7771
shall expire and the secretary of state shall make a notation to	7772
that effect on the secretary of state's records.	7773

Sec. 1703.31.  (A) Any foreign corporation may register its	7774
corporate name, if its corporate name is available for use under	7775
division (D) of section 1703.04 of the Revised Code, by filing in	7776
the office of the secretary of state an application, on a form	7777
prescribed by the secretary of state, that contains the following	7778
information:	7779

(1) The exact corporate name to be registered;

7780

(2) The complete address of the principal office of the	7781
corporation;	7782

(3) The jurisdiction of its incorporation;

7783

(4) The date of its incorporation;

7784

(5) A statement that it is carrying on or doing business;

7785

(6) The general nature of the business in which it is	7786
engaged;	7787

(7) Any other information required by the secretary of	7788
state.	7789

The application shall be signed and verified by an officer of	7790
the applicant.	7791

The application shall be accompanied by a certificate stating	7792
that the corporation is in good standing under the laws of the	7793
jurisdiction of its incorporation, which certificate shall be	7794
executed by the official of the jurisdiction having custody of the	7795
records pertaining to corporations and dated not earlier than	7796
sixty days prior to the filing of the application.	7797

A The filing fee specified in division (S)(1) of twenty-five	7798
dollars, payable to the secretary of state, section 111.16 of the	7799
Revised Code shall accompany the application.	7800

(B) Registration of a corporate name under this section is	7801
effective for a term of one year from the date of registration.	7802
Upon application, on a form prescribed by the secretary of state,	7803
filed with the secretary of state prior to the expiration of each	7804
one-year term, the registration may be renewed for an additional	7805
term. The renewal application shall set forth the facts required	7806
to be set forth in the original application for registration,	7807
together with a certificate of good standing as required for the	7808
initial registration.	7809

The secretary of state shall notify registrants within the	7810
three months before the expiration of one year from the date of	7811
registration of the necessity of renewal by writing to the	7812
principal office address of the registrants as shown upon the	7813
current registration in effect.	7814

A The renewal fee specified in division (S)(3) of twenty-five	7815
dollars section 111.16 of the Revised Code, payable to the	7816
secretary of state, shall accompany the application for renewal of	7817
the registration.	7818

Sec. 1705.05.  (A) The name of a limited liability company	7819
shall include the words, "limited liability company," without	7820
abbreviation or shall include one of the following abbreviations:	7821
"LLC," "L.L.C.," "limited," "ltd.," or "ltd".	7822

(B)(1) Except as provided in this section and in sections	7823
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised	7824
Code, the secretary of state shall not accept for filing in the	7825
secretary of state's office the articles of organization of a	7826
limited liability company if the company name set forth in the	7827
articles is not distinguishable on the records of the secretary of	7828
state from the name of any of the following:	7829

(a) Any other limited liability company, whether the name is	7830
of a domestic limited liability company or of a foreign limited	7831
liability company registered as a foreign limited liability	7832
company under this chapter;	7833

(b) Any corporation, whether the name is of a domestic	7834
corporation or of a foreign corporation holding a license as a	7835
foreign corporation under the laws of this state pursuant to	7836
Chapter 1701., 1702., or 1703. of the Revised Code;	7837

(c) Any limited liability partnership, whether the name is	7838
of a domestic limited liability partnership or a foreign limited	7839
liability partnership registered pursuant to Chapter 1775. of the	7840
Revised Code;	7841

(d) Any limited partnership, whether the name is of a	7842
domestic limited partnership or a foreign limited partnership	7843
registered pursuant to Chapter 1782. of the Revised Code;	7844

(e) Any trade name to which the exclusive right, at the time	7845
in question, is registered in the office of the secretary of state	7846
pursuant to Chapter 1329. of the Revised Code.	7847

(2) The secretary of state may accept for filing in the	7848
secretary of state's office the articles of organization of a	7849
limited liability company whose name set forth in the articles is	7850
not distinguishable on the records of the secretary of state from	7851
any trade name or the name of another limited liability company,	7852
corporation, limited liability partnership, or limited partnership	7853
if there also is filed in the secretary of state's office the	7854
consent of the other entity or, in the case of a registered trade	7855
name, the person in whose name is registered the exclusive right	7856
to the use of the particular name.	7857

(C) A consent given by an entity or person in whose name is	7858
registered the exclusive right to use a trade name, to the use of	7859
a name by a limited liability company, shall be in the form of an	7860
instrument, prescribed by the secretary of state, that is signed	7861
by an authorized officer or other authorized representative of the	7862
consenting entity or person in whose name the trade name is	7863
registered.	7864

(D) If a judicial sale or a judicial transfer by sale,	7865
transfer of good will, or otherwise involves the right to use the	7866
name of a domestic limited liability company or of a foreign	7867
limited liability company registered as a foreign limited	7868
liability company under this chapter, then, at the request of the	7869
purchaser or transferee of that right, the secretary of state	7870
shall accept for filing articles of organization of a limited	7871
liability company with a name that is the same as or similar to	7872
the name of the other limited liability company if there also is	7873
filed in the secretary of state's office a certified copy of the	7874
court order or decree that confirms or otherwise evidences the	7875
purchase or transfer.	7876

(E) Any person that wishes to reserve a name for a proposed	7877
new limited liability company or any limited liability company	7878
that intends to change its name may submit to the secretary of	7879
state, on a form prescribed by the secretary of state, a written	7880
application for the exclusive right to use a specified name as the	7881
name of the company. If the secretary of state finds, consistent	7882
with this section, that the specified name is available for use,	7883
the secretary of state shall file the application. From the date	7884
of the filing, the applicant has the exclusive right for sixty one	7885
hundred eighty days to use the specified name as the name of the	7886
limited liability company, counting the date of the filing as the	7887
first of the sixty one hundred eighty days. The right so obtained	7888
may be transferred by the applicant or other holder of the right	7889
by filing in the office of the secretary of state a written	7890
transfer, on a form prescribed by the secretary of state, that	7891
states the name and address of the transferee.	7892

(F) The secretary of state shall charge and collect a fee of	7893
five dollars for filing under this section any application or	7894
document other than articles of organization or a consent to the	7895
use of a name.	7896

Sec. 1705.06.  (A) Each limited liability company shall	7897
maintain continuously in this state an agent for service of	7898
process on the company. The agent shall be an individual who is a	7899
resident of this state, a domestic corporation, or a foreign	7900
corporation holding a license as a foreign corporation under the	7901
laws of this state.	7902

(B)(1) The secretary of state shall not accept original	7903
articles of organization of a limited liability company for filing	7904
unless the articles are accompanied by both of the following:	7905

(a) A written appointment of an agent as described in	7906
division (A) of this section that is signed by an authorized	7907
member, manager, or other representative of the limited liability	7908
company;	7909

(b) A written acceptance of the appointment that is signed	7910
by the designated agent on a form prescribed by the secretary of	7911
state.	7912

(2) In cases not covered by division (B)(1) of this section,	7913
the limited liability company shall appoint the agent described in	7914
division (A) of this section and shall file with the secretary of	7915
state, on a form prescribed by the secretary of state, a written	7916
appointment of that agent that is signed as described in division	7917
(K) of this section and a written acceptance of the appointment	7918
that is signed by the designated agent.	7919

(3) For purposes of divisions (B)(1) and (2) of this	7920
section, the filed written acceptance of an agent's appointment	7921
shall be a signed original document or a photocopy, facsimile, or	7922
similar reproduction of a signed original document.	7923

(C) The written appointment of an agent described in	7924
division (A) of this section shall set forth the name of the agent	7925
and the agent's address in this state, including the street and	7926
number or other particular description of that address. It	7927
otherwise shall be in the form that the secretary of state	7928
prescribes. The secretary of state shall keep a record of the	7929
names of limited liability companies and the names and addresses	7930
of their agents.	7931

(D) If any agent described in division (A) of this section	7932
dies, resigns, or moves outside of this state, the limited	7933
liability company shall appoint forthwith another agent and file	7934
with the secretary of state, on a form prescribed by the secretary	7935
of state, a written appointment of the agent and acceptance of	7936
appointment as described in division (B)(2) of this section.	7937

(E) If the agent described in division (A) of this section	7938
changes the agent's address from the address stated in the records	7939
of the secretary of state, the agent or the limited liability	7940
company shall file forthwith with the secretary of state, on a	7941
form prescribed by the secretary of state, a written statement	7942
setting forth the new address.	7943

(F) An agent described in division (A) of this section may	7944
resign by filing with the secretary of state, on a form prescribed	7945
by the secretary of state, a written notice of resignation that is	7946
signed by the agent and by mailing a copy of that notice to the	7947
limited liability company at the current or last known address of	7948
its principal office. The notice shall be mailed to the company	7949
on or prior to the date that the notice is filed with the	7950
secretary of state and shall set forth the name of the company,	7951
the name and current address of the agent, the current or last	7952
known address, including the street and number or other particular	7953
description, of the company's principal office, a statement of the	7954
resignation of the agent, and a statement that a copy of the	7955
notice has been sent to the company within the time and in the	7956
manner specified in this division. The authority of the resigning	7957
agent terminates thirty days after the filing of the notice with	7958
the secretary of state.	7959

(G) A limited liability company may revoke the appointment	7960
of its agent described in division (A) of this section by filing	7961
with the secretary of state, on a form prescribed by the secretary	7962
of state, a written appointment of another agent and an acceptance	7963
of appointment in the manner described in division (B)(2) of this	7964
section and a statement indicating that the appointment of the	7965
former agent is revoked.	7966

(H)(1) Any legal process, notice, or demand required or	7967
permitted by law to be served upon a limited liability company may	7968
be served upon the company as follows:	7969

(a) If the agent described in division (A) of this section	7970
is an individual, by delivering a copy of the process, notice, or	7971
demand to the agent;	7972

(b) If the agent is a corporation, by delivering a copy of	7973
the process, notice, or demand to the address of the agent in this	7974
state as contained in the records of the secretary of state.	7975

(2) If the agent described in division (A) of this section	7976
cannot be found or no longer has the address that is stated in the	7977
records of the secretary of state or the limited liability company	7978
has failed to maintain an agent as required by this section and if	7979
the party or the agent or representative of the party that desires	7980
service of the process, notice, or demand files with the secretary	7981
of state an affidavit that states that one of those circumstances	7982
exists and states the most recent address of the company that the	7983
party who desires service has been able to ascertain after a	7984
diligent search, then the service of the process, notice, or	7985
demand upon the secretary of state as the agent of the company may	7986
be initiated by delivering to the secretary of state four copies	7987
of the process, notice, or demand accompanied by a fee of five	7988
dollars. The secretary of state shall give forthwith notice of	7989
that delivery to the company at either its principal office as	7990
shown upon the secretary of state's records or at any different	7991
address specified in the affidavit of the party desiring service	7992
and shall forward to the company at either address by certified	7993
mail, return receipt requested, a copy of the process, notice, or	7994
demand. Service upon the company is made when the secretary of	7995
state gives the notice and forwards the process, notice, or demand	7996
as set forth in division (H)(2) of this section.	7997

(I) The secretary of state shall keep a record of each	7998
process, notice, and demand that pertains to a limited liability	7999
company and that is delivered to the secretary of state's office	8000
under this section or another law of this state that authorizes	8001
service upon the secretary of state in connection with a limited	8002
liability company. In that record, the secretary of state shall	8003
record the time of each delivery of that type and the secretary of	8004
state's subsequent action with respect to the process, notice, or	8005
demand.	8006

(J) This section does not limit or affect the right to serve	8007
any process, notice, or demand upon a limited liability company in	8008
any other manner permitted by law.	8009

(K) The written appointment of an agent or a written	8010
statement filed by the company with the secretary of state shall	8011
be signed by an authorized member, manager, or other	8012
representative of the company.	8013

(L) For filing a written appointment of an agent described	8014
in division (A) of this section that is not filed with the	8015
original articles of organization of a limited liability company	8016
and for filing a statement of change of address of an agent, the	8017
secretary of state shall charge and collect a fee of three	8018
dollars.	8019

Sec. 1705.38.  (A) Upon the adoption by each constituent	8020
entity of an agreement of merger or consolidation pursuant to	8021
section 1705.36 or 1705.37 of the Revised Code, a certificate of	8022
merger or consolidation shall be filed with the secretary of state	8023
that is signed by a manager of each constituent limited liability	8024
company in which the management is not reserved to its members, by	8025
at least one member of each other constituent limited liability	8026
company, by at least one general partner of each constituent	8027
partnership, and by an authorized representative of each other	8028
constituent entity. The certificate shall be on a form prescribed	8029
by the secretary of state and shall set forth only the information	8030
required by this section.	8031

(B)(1) The certificate of merger or consolidation shall set	8032
forth all of the following:	8033

(a) The name and the form of entity of each constituent	8034
entity and the state under the laws of which each constituent	8035
entity exists;	8036

(b) A statement that each constituent entity has complied	8037
with all of the laws under which it exists and that the laws	8038
permit the merger or consolidation;	8039

(c) The name and mailing address of the person or entity	8040
that is to provide, in response to any written request made by a	8041
shareholder, partner, or other equity holder of a constituent	8042
entity, a copy of the agreement of merger or consolidation;	8043

(d) The effective date of the merger or consolidation, which	8044
date may be on or after the date of the filing of the certificate;	8045

(e) The signature of the representative or representatives	8046
authorized to sign the certificate on behalf of each constituent	8047
entity and the office held or the capacity in which the	8048
representative is acting;	8049

(f) A statement that the agreement of merger or	8050
consolidation is authorized on behalf of each constituent entity	8051
and that the persons who signed the certificate on behalf of each	8052
entity are authorized to do so;	8053

(g) In the case of a merger, a statement that one or more	8054
specified constituent entities will be merged into a specified	8055
surviving entity or, in the case of a consolidation, a statement	8056
that the constituent entities will be consolidated into a new	8057
entity;	8058

(h) In the case of a merger, if the surviving entity is a	8059
foreign entity not licensed to transact business in this state,	8060
the name and address of the statutory agent upon whom any process,	8061
notice, or demand may be served;	8062

(i) In the case of a consolidation, the name and address of	8063
the statutory agent upon whom any process, notice, or demand	8064
against any constituent entity or the new entity may be served.	8065

(2) In the case of a consolidation into a new domestic	8066
corporation, limited liability company, or limited partnership,	8067
the articles of incorporation, the articles of organization, or	8068
the certificate of limited partnership of the new domestic entity	8069
shall be filed with the certificate of merger or consolidation.	8070

(3) In the case of a merger into a domestic corporation,	8071
limited liability company, or limited partnership, any amendments	8072
to the articles of incorporation, articles of organization, or	8073
certificate of limited partnership of the surviving domestic	8074
entity shall be filed with the certificate of merger or	8075
consolidation.	8076

(4) If the surviving or new entity is a foreign entity that	8077
desires to transact business in this state as a foreign	8078
corporation, limited liability company, or limited partnership,	8079
the certificate of merger or consolidation shall be accompanied by	8080
the information required by division (B)(8), (9), or (10) of	8081
section 1705.37 of the Revised Code.	8082

(5) If a foreign or domestic corporation licensed to	8083
transact business in this state is a constituent entity and the	8084
surviving or new entity resulting from the merger or consolidation	8085
is not a foreign or domestic corporation that is to be licensed to	8086
transact business in this state, the certificate of merger or	8087
consolidation shall be accompanied by the affidavits, receipts,	8088
certificates, or other evidence required by division (H) of	8089
section 1701.86 of the Revised Code, with respect to each domestic	8090
constituent corporation, and by the affidavits, receipts,	8091
certificates, or other evidence required by division (C) or (D) of	8092
section 1703.17 of the Revised Code, with respect to each foreign	8093
constituent corporation licensed to transact business in this	8094
state.	8095

(C) If any constituent entity in a merger or consolidation	8096
is organized or formed under the laws of a state other than this	8097
state or under any chapter of the Revised Code other than this	8098
chapter, there also shall be filed in the proper office all	8099
documents that are required to be filed in connection with the	8100
merger or consolidation by the laws of that state or by that	8101
chapter.	8102

(D) Upon the filing of a certificate of merger or	8103
consolidation and other filings as described in division (C) of	8104
this section or at any later date that the certificate of merger	8105
or consolidation specifies, the merger or consolidation is	8106
effective.	8107

(E)(1) Upon request and payment of a the fee specified in	8108
division (D) of ten dollars section 111.16 of the Revised Code,	8109
the secretary of state shall furnish the secretary of state's	8110
certificate setting forth all of the following:	8111

(a) The name and form of entity of each constituent entity	8112
and the states under the laws of which each constituent entity	8113
existed prior to a merger or consolidation;	8114

(b) The name and the form of entity of the surviving or new	8115
entity and the state under the laws of which the surviving entity	8116
exists or the new entity is to exist;	8117

(c) The date of the filing of the certificate of merger or	8118
consolidation in the secretary of state's office;	8119

(d) The effective date of the merger or consolidation.

8120

(2) The certificate of the secretary of state or a copy of a	8121
certificate of merger or consolidation that has been certified by	8122
the secretary of state may be filed for record in the office of	8123
the recorder of any county in this state and, if filed, shall be	8124
recorded in the record of deeds for that county. For that	8125
recording, the county recorder shall charge and collect the same	8126
fees as for recording a deed.	8127

Sec. 1705.55.  (A) If any statement in an application for	8128
registration as a foreign limited liability company is materially	8129
false when made or if any facts described in the application have	8130
changed making it inaccurate in any material respect, the foreign	8131
limited liability company shall file promptly with the secretary	8132
of state a certificate correcting the application that shall be on	8133
a form that is prescribed by the secretary of state and be signed	8134
by an authorized representative of the company. If	8135

(B) If the application for registration or a subsequent	8136
certificate of correction becomes inaccurate because the	8137
designated agent resigns or changes the agent's address from that	8138
appearing in the registration application or any subsequent	8139
certificate of correction of the registration application, the	8140
foreign limited liability company, or the designated agent on its	8141
behalf, shall file a notice of that resignation or change promptly	8142
with the secretary of state a new certificate of correction	8143
setting forth the new address.	8144

(C) A foreign limited liability company may revoke the	8145
appointment of its designated agent described in division (A) of	8146
section 1705.54 of the Revised Code by filing with the secretary	8147
of state, on a form prescribed by the secretary of state, a	8148
written appointment of another agent and an acceptance of	8149
appointment in the manner described in division (B)(2) of section	8150
1705.06 of the Revised Code and a statement indicating that the	8151
appointment of the former agent is revoked.	8152

(D) The fee specified in division (R) of section 111.16 of	8153
the Revised Code shall accompany a filing under division (B) or	8154
(C) of this section.	8155

Sec. 1746.04.  (A) Except as set forth in section 1746.03 of	8156
the Revised Code, before transacting business in this state, a	8157
business trust shall file a report in the office of the secretary	8158
of state, on forms prescribed by the secretary of state, a report	8159
containing the following information:	8160

(1) A list of the names and addresses of its trustees;

8161

(2) The address of its principal office;

8162

(3) In the case of a foreign business trust, the address of	8163
its principal office within this state, if any;	8164

(4) The business names of the business trust, including any	8165
fictitious or assumed names;	8166

(5) The name and address within this state of a designated	8167
agent upon whom process against the business trust may be served;	8168

(6) The irrevocable consent of the business trust to service	8169
of process upon its designated agent and to service of process	8170
upon the secretary of state if, without the registration of	8171
another agent with the secretary of state, its designated agent	8172
has died, resigned, lost authority, dissolved, become	8173
disqualified, or has removed from this state, or if its designated	8174
agent cannot, with due diligence, be found.	8175

Such report shall have attached as an exhibit an executed	8176
copy of the trust instrument or a true and correct copy of it,	8177
certified to be such by a trustee before an official authorized to	8178
administer oaths or by a public official in another state in whose	8179
office an executed copy is on file.	8180

(B) Not more than ninety days after the occurrence of any	8181
event causing any filing, including exhibits, made pursuant to	8182
division (A) of this section, or any previous filing made pursuant	8183
to this division, to be inaccurate or incomplete, there shall be	8184
filed in the office of the secretary of state all information	8185
necessary to maintain the accuracy and completeness of such	8186
filing.	8187

(C) The secretary of state shall charge and collect a fee	8188
the fees specified in division (T) of seventy-five dollars section	8189
111.16 of the Revised Code for each filing made under division (A)	8190
of this section and fifteen dollars for each filing under division	8191
or (B) of this section, except for filings under division (B) of	8192
this section pertaining solely to division (A)(5) of this section,	8193
for which the secretary of state shall charge and collect the fee	8194
specified in division (R) of section 111.16 of the Revised Code.	8195

(D) The trust instrument and other information filed in the	8196
office of the secretary of state are matters of public record, and	8197
persons dealing with a business trust are charged with	8198
constructive notice of the contents of any such instrument or	8199
information by reason of such filing.	8200

(E) A copy of a trust instrument or other information filed	8201
in the office of the secretary of state shall be accepted as	8202
prima-facie evidence of the existence of the instrument or other	8203
information and of its contents, and conclusive evidence of the	8204
existence of such record.	8205

Sec. 1746.06.  (A) No business trust that has made a filing	8206
pursuant to section 1746.04 of the Revised Code may use the words	8207
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"	8208
"Ltd.," or derivatives thereof in its name.	8209

(B) No business trust formed after the effective date of	8210
this chapter that has made a filing pursuant to section 1746.04 of	8211
the Revised Code shall assume the name of any corporation	8212
established under the laws of this state, or of a corporation,	8213
firm, or association, or trust whether or not as defined in	8214
section 1746.01 of the Revised Code, or of an individual, carrying	8215
on business in this state at the time when the business trust is	8216
created, or assume a name so similar thereto as to be likely to be	8217
mistaken for it, except with the written consent of such existing	8218
corporation, firm, association, or trust, or of such individual,	8219
previously or concurrently filed with the secretary of state.	8220

(C) The secretary of state shall refuse to receive for	8221
filing the trust instrument of a business trust if it appears to	8222
him the secretary of state to have violated any provision of this	8223
section. The courts of common pleas of this state shall have	8224
jurisdiction, upon the application of any person interested or	8225
affected, to enjoin a business trust from transacting business	8226
under any name in violation of any provision of this section,	8227
notwithstanding that the trust instrument of such business trust	8228
has been received for filing under section 1746.04 of the Revised	8229
Code.	8230

(D) Any person who wishes to reserve a name for a proposed	8231
new business trust, or any business trust intending to change its	8232
name, may submit to the secretary of state a written application	8233
for the exclusive right to use a specified name as the name of a	8234
business trust. If the secretary of state finds that, under this	8235
section, the specified name is available for such use, he the	8236
secretary of state shall indorse his the secretary of state's	8237
approval upon and file such application and, from the date of such	8238
indorsement, such applicant shall have the exclusive right for	8239
sixty one hundred eighty days to use the specified name as the	8240
name of a business trust, counting the date of such indorsement as	8241
the first of the sixty one hundred eighty days. The right so	8242
obtained may be transferred by the applicant or other holder	8243
thereof by the filing in the office of the secretary of state of a	8244
written transfer stating the name and address of the transferee.	8245
For filing any application for the exclusive right to use a	8246
specified name under this division, the secretary of state shall	8247
charge and collect a the fee specified in division (S)(1) of five	8248
dollars section 111.16 of the Revised Code. For each filing of a	8249
transfer of the right to an exclusive name under this division,	8250
the secretary of state shall charge and collect the fee specified	8251
in division (S)(4) of section 111.16 of the Revised Code.	8252

(E) Any business trust that has not made the filings	8253
described under section 1746.04 of the Revised Code may submit to	8254
the secretary of state a written application for the exclusive	8255
right to use a specified name as the name of such business trust.	8256
If the secretary of state finds that, under this section, the	8257
specified name is available for such use, he the secretary of	8258
state shall indorse his the secretary of state's approval upon and	8259
file such application and, from the date of such indorsement, such	8260
applicant has the exclusive right to use the specified name for	8261
the period that it transacts business. The right so obtained may	8262
be transferred by the applicant or other holder thereof by the	8263
filing in the office of the secretary of state of a written	8264
transfer stating the name and address of the transferee. For	8265
filing any an application for the exclusive right to use a	8266
specified name under this division, the secretary of state shall	8267
charge and collect a the fee specified in division (S)(1) of five	8268
dollars section 111.16 of the Revised Code.	8269

Sec. 1746.15.  Any business trust that has made the filings	8270
described in section 1746.04 of the Revised Code may withdraw from	8271
this state at any time by filing in the office of the secretary of	8272
state a verified copy of a resolution duly adopted by its trustees	8273
declaring its intention to withdraw and surrender its authority,	8274
accompanied by a the fee of fifteen dollars specified in division	8275
(T) of section 111.16 of the Revised Code.	8276

Sec. 1747.03.  (A) Before transacting real estate business	8277
in this state, a real estate investment trust shall file the	8278
following report in the office of the secretary of state, on forms	8279
prescribed by the secretary of state:	8280

(1) An executed copy of the trust instrument or a true and	8281
correct copy of it, certified to be such by a trustee before an	8282
official authorized to administer oaths or by a public official in	8283
another state in whose office an executed copy is on file;	8284

(2) A list of the names and addresses of its trustees;

8285

(3) The address of its principal office;

8286

(4) In the case of a foreign real estate investment trust,	8287
the address of its principal office within this state, if any;	8288

(5) The business name of the trust;

8289

(6) The name and address within this state of a designated	8290
agent upon whom process against the trust may be served;	8291

(7) The irrevocable consent of the trust to service of	8292
process on its designated agent and to service of process upon the	8293
secretary of state if, without the registration of another agent	8294
with the secretary of state, its designated agent has died,	8295
resigned, lost authority, dissolved, become disqualified, or has	8296
removed from this state, or if its designated agent cannot, with	8297
due diligence, be found;	8298

(8) Not more than ninety days after the occurrence of any	8299
event causing any filing made pursuant to divisions (A)(2) to (6)	8300
of this section, or any previous filing made pursuant to this	8301
division, to be inaccurate or incomplete, all information	8302
necessary to maintain the accuracy and completeness of such	8303
filing.	8304

(B) For filing filings under this section, the secretary of	8305
state shall charge and collect a the fee specified in division (T)	8306
of fifty dollars, except that for filing under division (A)(8) of	8307
this section, the secretary of state shall charge and collect a	8308
fee of ten dollars section 111.16 of the Revised Code, except for	8309
filings under division (A)(8) of this section pertaining solely to	8310
division (A)(6) of this section, for which the secretary of state	8311
shall charge and collect the fee specified in division (R) of	8312
section 111.16 of the Revised Code.	8313

(C) All persons shall be given the opportunity to acquire	8314
knowledge of the contents of the trust instrument and other	8315
information filed in the office of the secretary of state, but no	8316
person dealing with a real estate investment trust shall be	8317
charged with constructive notice of the contents of any such	8318
instrument or information by reason of such filing.	8319

(D) A copy of a trust instrument or other information filed	8320
in the office of the secretary of state shall be is prima-facie	8321
evidence of the existence of the instrument or other information	8322
and of its contents, and as is conclusive evidence of the	8323
existence of such record.	8324

Sec. 1747.04.  A trust instrument may be amended in the	8325
manner specified in it or in any manner that is valid under the	8326
common or statutory law applicable to the trust created thereunder	8327
under it. However, no amendment adopted subsequent to the initial	8328
filings required by section 1747.03 of the Revised Code is legally	8329
effective in this state until an executed or certified true and	8330
correct copy of the amendment has been filed in the office of the	8331
secretary of state accompanied by a the fee specified in division	8332
(T) of twenty-five dollars section 111.16 of the Revised Code.	8333

Sec. 1747.10.  Any domestic or foreign real estate investment	8334
trust authorized to transact real estate business in this state	8335
may surrender its authority at any time by filing in the office of	8336
the secretary of state a verified copy of a resolution duly	8337
adopted by its trustees declaring its intention to withdraw,	8338
accompanied by a the fee specified in division (T) of ten dollars	8339
section 111.16 of the Revised Code. Such real estate investment	8340
trust then ceases and is without authority to transact real estate	8341
business in this state, except as necessary for the concluding	8342
thereof its conclusion.	8343

Sec. 1775.63.  (A) A domestic limited liability partnership	8344
or foreign registered limited liability partnership shall,	8345
annually biennially during the month of July in odd-numbered	8346
years, file a report with the office of the secretary of state	8347
verifying and, if necessary, updating, as of the thirtieth day of	8348
June of that year, the information contained in the registration	8349
application required by division (A) of sections 1775.61 and	8350
1775.64 of the Revised Code. The annual report shall be made on a	8351
form prescribed and furnished by the secretary of state and shall	8352
be signed by a majority in interest of the partners or by one or	8353
more partners authorized by the partnership to execute the report.	8354

(B) If a domestic limited liability partnership or foreign	8355
registered limited liability partnership fails to file the annual	8356
report in accordance with division (A) of this section, the	8357
secretary of state shall give notice of the failure by certified	8358
mail to the last known address of the partnership or its statutory	8359
agent. If the report is not filed within thirty days after the	8360
mailing of the notice, the secretary of state shall, upon the	8361
expiration of that period, cancel the registration of the	8362
partnership, give notice of the cancellation to the partnership by	8363
regular mail to the last known address of the partnership or its	8364
statutory agent, and make a notation of the cancellation on the	8365
secretary of state's records.	8366

(C) A domestic limited liability partnership or foreign	8367
registered limited liability partnership whose registration has	8368
been canceled pursuant to division (B) of this section may be	8369
reinstated by filing an application for reinstatement, together	8370
with the required annual report or reports, and by paying a the	8371
reinstatement fee specified in division (Q) of ten dollars section	8372
111.16 of the Revised Code. The secretary of state shall inform	8373
the tax commissioner of all cancellations and reinstatements under	8374
this section.	8375

Sec. 1775.64.  (A) Before transacting business in this	8376
state, a foreign limited liability partnership shall file a	8377
registration application with the secretary of state. The	8378
application shall be on a form prescribed by the secretary of	8379
state and shall set forth only the following information:	8380

(1) The name of the partnership;

8381

(2) The jurisdiction pursuant to the laws of which it was	8382
organized as a limited liability partnership;	8383

(3) The address of its principal office or, if the	8384
partnership's principal office is not located in this state, the	8385
address of a registered office;	8386

(4) The name and address of its agent for service of process	8387
in this state;	8388

(5) A brief statement of the business in which the	8389
partnership engages.	8390

(B) A registration application shall be accompanied by the	8391
application fee specified in division (F) of section 111.16 of the	8392
Revised Code.	8393

(C) A foreign limited liability partnership transacting	8394
business in this state shall comply with the name, correction, and	8395
annual reporting requirements set forth in division (G) of section	8396
1775.61, divisions (B) and (C) of section 1775.62, and section	8397
1775.63 of the Revised Code and shall comply with any statutory or	8398
administrative registration or filing requirements governing the	8399
specific type of business in which the partnership engages.	8400

(D) The secretary of state shall register as a foreign	8401
limited liability partnership, any foreign limited liability	8402
partnership that submits a completed registration application with	8403
the required fee.	8404

(E) Registration as a foreign limited liability partnership	8405
ceases if either of the following occurs:	8406

(1) The registration is voluntarily withdrawn by filing with	8407
the secretary of state, on a form prescribed by the secretary of	8408
state, a written withdrawal notice signed by one or more partners	8409
authorized by the partnership to execute a withdrawal notice.	8410

(2) The registration is canceled by the secretary of state	8411
pursuant to section 1775.63 of the Revised Code.	8412

Sec. 1782.04.  (A) Each limited partnership shall maintain	8413
continuously in this state an agent for service of process on the	8414
limited partnership. The agent shall be a natural person who is a	8415
resident of this state, a domestic corporation, or a foreign	8416
corporation holding a license as such under the laws of this	8417
state.	8418

(B) The secretary of state shall not accept a certificate of	8419
limited partnership for filing unless there is filed with the	8420
certificate a written appointment of an agent that is signed by	8421
the general partners of the limited partnership and a written	8422
acceptance of the appointment that is signed by the agent, or	8423
unless there is filed a written appointment of an agent that is	8424
signed by any authorized officer of the limited partnership and a	8425
written acceptance of the appointment that is either the original	8426
acceptance signed by the agent or a photocopy, facsimile, or	8427
similar reproduction of the original acceptance signed by the	8428
agent.	8429

In the discretion of the secretary of state, an original	8430
appointment of statutory agent may be submitted on the same form	8431
as the certificate of limited partnership but shall not be	8432
considered a part of the certificate.	8433

(C) The written appointment of an agent shall set forth the	8434
name and address in this state of the agent, including the street	8435
and number or other particular description, and shall otherwise be	8436
in the form the secretary of state prescribes. The secretary of	8437
state shall keep a record of the names of limited partnerships,	8438
and the names and addresses of their respective agents.	8439

(D) If any agent dies, removes from the state, or resigns,	8440
the limited partnership shall forthwith appoint another agent and	8441
file with the secretary of state, on a form prescribed by the	8442
secretary of state, a written appointment of the new agent.	8443

(E) If the agent changes the agent's address from that	8444
appearing upon the record in the office of the secretary of state,	8445
the limited partnership or the agent forthwith shall file with the	8446
secretary of state, on a form prescribed by the secretary of	8447
state, a written statement setting forth the new address.	8448

(F) An agent may resign by filing with the secretary of	8449
state, on a form prescribed by the secretary of state, a written	8450
notice to that effect that is signed by the agent and by sending a	8451
copy of the notice to the limited partnership at its current or	8452
last known address or its principal office on or prior to the date	8453
the notice is filed with the secretary of state. The notice shall	8454
set forth the name of the limited partnership, the name and	8455
current address of the agent, the current or last known address,	8456
including the street and number or other particular description,	8457
of the limited partnership's principal office, the resignation of	8458
the agent, and a statement that a copy of the notice has been sent	8459
to the limited partnership within the time and in the manner	8460
prescribed by this division. Upon the expiration of thirty days	8461
after the filing, the authority of the agent shall terminate.	8462

(G) A limited partnership may revoke the appointment of an	8463
agent by filing with the secretary of state, on a form prescribed	8464
by the secretary of state, a written appointment of another agent	8465
and a statement that the appointment of the former agent is	8466
revoked.	8467

(H) Except when an original appointment of an agent is	8468
filed with the certificate of limited partnership, a written	8469
appointment of an agent or a written statement filed by a limited	8470
partnership with the secretary of state shall be signed by any	8471
authorized officer of the limited partnership, or the general	8472
partners of the limited partnership, or a majority of them.	8473

Sec. 1782.08.  (A) To form a limited partnership, a	8474
certificate of limited partnership shall be executed and filed	8475
with the secretary of state, as provided in section 1782.13 of the	8476
Revised Code. The certificate shall be on a form prescribed by	8477
the secretary of state and shall set forth all of the following:	8478

(1) The name of the limited partnership;

8479

(2) The address of the principal place of business of the	8480
limited partnership and the name and address, including the street	8481
and number or other particular description, of the agent for	8482
service of process maintained pursuant to section 1782.04 of the	8483
Revised Code;	8484

(3) The name and business or residence address of each	8485
general partner;	8486

(4) Any other matters that the general partners determine to	8487
include in the certificate.	8488

(B) A written appointment of a statutory agent for the	8489
purpose set forth in section 1782.04 of the Revised Code shall be	8490
filed with the certificate of limited partnership.	8491

(C) A limited partnership is an entity formed at the time of	8492
filing the certificate of limited partnership pursuant to section	8493
1782.13 of the Revised Code or at any later time specified in the	8494
certificate if, in either case, there has been substantial	8495
compliance with the requirements of division divisions (A) and (B)	8496
of this section.	8497

Sec. 1782.09.  (A) A certificate of limited partnership	8498
shall be amended by filing a certificate of amendment with the	8499
secretary of state. The certificate of amendment shall be on a	8500
form prescribed by the secretary of state and shall state all of	8501
the following:	8502

(1) The name of the limited partnership and the file number	8503
assigned to it by the secretary of state;	8504

(2) The date of the first filing of the certificate of	8505
limited partnership and, if different, the date of the first	8506
filing by the partnership with the secretary of state pursuant to	8507
section 1782.63 of the Revised Code;	8508

(3) The amendment to the certificate of limited partnership.

8509

(B) Within thirty days after the occurrence of any of the	8510
following events, an amendment to a certificate of limited	8511
partnership reflecting the occurrence of the event shall be filed	8512
pursuant to division (A) of this section:	8513

(1) A new general partner is admitted;

8514

(2) A general partner withdraws;

8515

(3) The business is continued pursuant to section 1782.44 of	8516
the Revised Code after an event of withdrawal of a general	8517
partner;	8518

(4) The address of the principal place of business of the	8519
limited partnership changes;	8520

(5) The name or identity of the statutory agent changes;

8521

(6) The address of the statutory agent changes;

8522

(7) The name of the limited partnership is changes.

8523

(C) A general partner who becomes aware that any statement	8524
in the certificate of limited partnership was materially false	8525
when made or that any arrangements or other facts described have	8526
changed, thereby making the certificate materially inaccurate,	8527
promptly shall amend the certificate.	8528

If the certificate becomes inaccurate because the designated	8529
agent changes the agent's address from that appearing in the	8530
certificate of limited partnership or any subsequent amendment	8531
thereto, the limited partnership, or the designated agent on its	8532
behalf, shall file promptly with the secretary of state, on a form	8533
prescribed by the secretary of state, an amendment setting forth	8534
the new address.	8535

(D) A certificate of limited partnership may be amended at	8536
any time for any other proper purpose the general partners	8537
determine.	8538

(E) A person is not liable because an amendment to a	8539
certificate of limited partnership has not been filed to reflect	8540
the occurrence of an event referred to in division (B) of this	8541
section if the amendment is filed within the thirty-day period	8542
specified in that division.	8543

(F) A certificate of limited partnership may be restated at	8544
any time by filing a restatement of the certificate of limited	8545
partnership with the secretary of state.	8546

Sec. 1782.433.  (A) Upon the adoption by each constituent	8547
entity of an agreement of merger or consolidation pursuant to	8548
section 1782.431 or 1782.432 of the Revised Code, a certificate of	8549
merger or consolidation shall be filed with the secretary of state	8550
that is signed by an authorized representative of each constituent	8551
entity. The certificate shall be on a form prescribed by the	8552
secretary of state and shall set forth only the information	8553
required by this section.	8554

(B)(1) The certificate of merger or consolidation shall set	8555
forth all of the following:	8556

(a) The name and the form of entity of each constituent	8557
entity and the state under the laws of which each constituent	8558
entity exists;	8559

(b) A statement that each constituent entity has complied	8560
with all of the laws under which it exists and that the laws	8561
permit the merger or consolidation;	8562

(c) The name and mailing address of the person or entity	8563
that is to provide, in response to any written request made by a	8564
shareholder, partner, or other equity holder of a constituent	8565
entity, a copy of the agreement of merger or consolidation;	8566

(d) The effective date of the merger or consolidation, which	8567
date may be on or after the date of the filing of the certificate;	8568

(e) The signature of the representative or representatives	8569
authorized to sign the certificate on behalf of each constituent	8570
entity and the office held or the capacity in which the	8571
representative is acting;	8572

(f) A statement that the agreement of merger or	8573
consolidation is authorized on behalf of each constituent entity	8574
and that the persons who signed the certificate on behalf of each	8575
entity are authorized to do so;	8576

(g) In the case of a merger, a statement that one or more	8577
specified constituent entities will be merged into a specified	8578
surviving entity or, in the case of a consolidation, a statement	8579
that the constituent entities will be consolidated into a new	8580
entity;	8581

(h) In the case of a merger, if the surviving entity is a	8582
foreign entity not licensed to transact business in this state,	8583
the name and address of the statutory agent upon whom any process,	8584
notice, or demand may be served;	8585

(i) In the case of a consolidation, the name and address of	8586
the statutory agent upon whom any process, notice, or demand	8587
against any constituent entity or the new entity may be served.	8588

(2) In the case of a consolidation into a new domestic	8589
corporation, limited liability company, or limited partnership,	8590
the articles of incorporation, the articles of organization, or	8591
the certificate of limited partnership of the new domestic entity	8592
shall be filed with the certificate of merger or consolidation.	8593

(3) In the case of a merger into a domestic corporation,	8594
limited liability company, or limited partnership, any amendments	8595
to the articles of incorporation, articles of organization, or	8596
certificate of limited partnership of the surviving domestic	8597
entity shall be filed with the certificate of merger or	8598
consolidation.	8599

(4) If the surviving or new entity is a foreign entity that	8600
desires to transact business in this state as a foreign	8601
corporation, limited liability company, or limited partnership,	8602
the certificate of merger or consolidation shall be accompanied by	8603
the information required by division (B)(7), (8), or (9) of	8604
section 1782.432 of the Revised Code.	8605

(5) If a foreign or domestic corporation licensed to	8606
transact business in this state is a constituent entity and the	8607
surviving or new entity resulting from the merger or consolidation	8608
is not a foreign or domestic corporation that is to be licensed to	8609
transact business in this state, the certificate of merger or	8610
consolidation shall be accompanied by the affidavits, receipts,	8611
certificates, or other evidence required by division (H) of	8612
section 1701.86 of the Revised Code, with respect to each domestic	8613
constituent corporation, and by the affidavits, receipts,	8614
certificates, or other evidence required by division (C) or (D) of	8615
section 1703.17 of the Revised Code, with respect to each foreign	8616
constituent corporation licensed to transact business in this	8617
state.	8618

(C) If any constituent entity in a merger or consolidation	8619
is organized or formed under the laws of a state other than this	8620
state or under any chapter of the Revised Code other than this	8621
chapter, there also shall be filed in the proper office all	8622
documents that are required to be filed in connection with the	8623
merger or consolidation by the laws of that state or by that	8624
chapter.	8625

(D) Upon the filing of a certificate of merger or	8626
consolidation and other filings as described in division (C) of	8627
this section or at any later date that the certificate of merger	8628
or consolidation specifies, the merger or consolidation is	8629
effective.	8630

(E) The secretary of state shall furnish, upon request and	8631
payment of a the fee specified in division (D) of ten dollars	8632
section 111.16 of the Revised Code, the secretary of state's	8633
certificate setting forth: the name and form of entity of each	8634
constituent entity and the states under the laws of which each	8635
constituent entity existed prior to the merger or consolidation;	8636
the name and the form of entity of the surviving or new entity and	8637
the state under the laws of which the surviving entity exists or	8638
the new entity is to exist; the date of filing of the certificate	8639
of merger or consolidation with the secretary of state; and the	8640
effective date of the merger or consolidation. The certificate of	8641
the secretary of state, or a copy of the certificate of merger or	8642
consolidation certified by the secretary of state, may be filed	8643
for record in the office of the recorder of any county in this	8644
state and, if filed, shall be recorded in the records of deeds for	8645
that county. For that recording, the county recorder shall charge	8646
and collect the same fee as in the case of deeds.	8647

Sec. 1785.06.  A professional association, within thirty days	8648
after the thirtieth day of June in each year, shall furnish a	8649
statement to the secretary of state showing the names and	8650
post-office addresses of all of the shareholders in the	8651
association and certifying that all of the shareholders are duly	8652
licensed, certificated, or otherwise legally authorized to render	8653
within this state the same professional service for which the	8654
association was organized or, in the case of a combination of	8655
professional services described in division (B) of section 1785.01	8656
of the Revised Code, to render within this state any of the	8657
applicable types of professional services for which the	8658
association was organized. This statement shall be made on a form	8659
that the secretary of state shall prescribe, shall be signed by an	8660
officer of the association, and shall be filed in the office of	8661
the secretary of state.	8662

If any professional association fails to file the annual	8663
statement within the time required by this section, the secretary	8664
of state shall give notice of the failure by certified mail,	8665
return receipt requested, to the last known address of the	8666
association or its agent. If the annual statement is not filed	8667
within thirty days after the mailing of the notice, the secretary	8668
of state, upon the expiration of that period, shall cancel the	8669
association's articles of incorporation, give notice of the	8670
cancellation to the association by mail sent to the last known	8671
address of the association or its agent, and make a notation of	8672
the cancellation on the records of the secretary of state.	8673

A professional association whose articles have been canceled	8674
pursuant to this section may be reinstated by filing an	8675
application for reinstatement and the required annual statement or	8676
statements and by paying a the reinstatement fee specified in	8677
division (Q) of ten dollars section 111.16 of the Revised Code.	8678
The rights, privileges, and franchises of a professional	8679
association whose articles have been reinstated are subject to	8680
section 1701.922 of the Revised Code. The secretary of state	8681
shall inform the tax commissioner of all cancellations and	8682
reinstatements under this section.	8683

Sec. 1901.26.  (A) Subject to division (E) of this section,	8684
costs in a municipal court shall be fixed and taxed as follows:	8685

(1) The municipal court shall require an advance deposit for	8686
the filing of any new civil action or proceeding when required by	8687
division (A)(9) of this section, and in all other cases, by rule,	8688
shall establish a schedule of fees and costs to be taxed in any	8689
civil or criminal action or proceeding.	8690

(2) The municipal court, by rule, may require an advance	8691
deposit for the filing of any civil action or proceeding and	8692
publication fees as provided in section 2701.09 of the Revised	8693
Code. The court may waive the requirement for advance deposit	8694
upon affidavit or other evidence that a party is unable to make	8695
the required deposit.	8696

(3) When a jury trial is demanded in any civil action or	8697
proceeding, the party making the demand may be required to make an	8698
advance deposit as fixed by rule of court, unless, upon affidavit	8699
or other evidence, the court concludes that the party is unable to	8700
make the required deposit. If a jury is called, the fees of a	8701
jury shall be taxed as costs.	8702

(4) In any civil or criminal action or proceeding,	8703
witnesses' fees shall be fixed in accordance with sections 2335.06	8704
and 2335.08 of the Revised Code.	8705

(5) A reasonable charge for driving, towing, carting,	8706
storing, keeping, and preserving motor vehicles and other personal	8707
property recovered or seized in any proceeding may be taxed as	8708
part of the costs in a trial of the cause, in an amount that shall	8709
be fixed by rule of court.	8710

(6) Chattel property seized under any writ or process issued	8711
by the court shall be preserved pending final disposition for the	8712
benefit of all persons interested and may be placed in storage	8713
when necessary or proper for that preservation. The custodian of	8714
any chattel property so stored shall not be required to part with	8715
the possession of the property until a reasonable charge, to be	8716
fixed by the court, is paid.	8717

(7) The municipal court, as it determines, may refund all	8718
deposits and advance payments of fees and costs, including those	8719
for jurors and summoning jurors, when they have been paid by the	8720
losing party.	8721

(8) Charges for the publication of legal notices required by	8722
statute or order of court may be taxed as part of the costs, as	8723
provided by section 7.13 of the Revised Code.	8724

(B)(1) The municipal court may determine that, for the	8725
efficient operation of the court, additional funds are necessary	8726
to acquire and pay for special projects of the court including,	8727
but not limited to, the acquisition of additional facilities or	8728
the rehabilitation of existing facilities, the acquisition of	8729
equipment, the hiring and training of staff, community service	8730
programs, mediation or dispute resolution services, the employment	8731
of magistrates, the training and education of judges, acting	8732
judges, and magistrates, and other related services. Upon that	8733
determination, the court by rule may charge a fee, in addition to	8734
all other court costs, on the filing of each criminal cause, civil	8735
action or proceeding, or judgment by confession.	8736

If the municipal court offers a special program or service in	8737
cases of a specific type, the municipal court by rule may assess	8738
an additional charge in a case of that type, over and above court	8739
costs, to cover the special program or service. The municipal	8740
court shall adjust the special assessment periodically, but not	8741
retroactively, so that the amount assessed in those cases does not	8742
exceed the actual cost of providing the service or program.	8743

All moneys collected under division (B) of this section shall	8744
be paid to the county treasurer if the court is a county-operated	8745
municipal court or to the city treasurer if the court is not a	8746
county-operated municipal court for deposit into either a general	8747
special projects fund or a fund established for a specific special	8748
project. Moneys from a fund of that nature shall be disbursed	8749
upon an order of the court in an amount no greater than the actual	8750
cost to the court of a project. If a specific fund is terminated	8751
because of the discontinuance of a program or service established	8752
under division (B) of this section, the municipal court may order	8753
that moneys remaining in the fund be transferred to an account	8754
established under this division for a similar purpose.	8755

(2) As used in division (B) of this section:

8756

(a) "Criminal cause" means a charge alleging the violation of	8757
a statute or ordinance, or subsection of a statute or ordinance,	8758
that requires a separate finding of fact or a separate plea before	8759
disposition and of which the defendant may be found guilty,	8760
whether filed as part of a multiple charge on a single summons,	8761
citation, or complaint or as a separate charge on a single	8762
summons, citation, or complaint. "Criminal cause" does not include	8763
separate violations of the same statute or ordinance, or	8764
subsection of the same statute or ordinance, unless each charge is	8765
filed on a separate summons, citation, or complaint.	8766

(b) "Civil action or proceeding" means any civil litigation	8767
that must be determined by judgment entry.	8768

(C) Prior to January 1, 1993, and on and after January 1,	8769
2003, the municipal court shall collect the sum of four dollars as	8770
additional filing fees in each new civil action or proceeding for	8771
the charitable public purpose of providing financial assistance to	8772
legal aid societies that operate within the state. From January	8773
1, 1993, through December 31, 2002, the The municipal court shall	8774
collect in all its divisions except the small claims division the	8775
sum of fifteen dollars as additional filing fees in each new civil	8776
action or proceeding for the charitable public purpose of	8777
providing financial assistance to legal aid societies that operate	8778
within the state. From January 1, 1993, through December 31, 2002,	8779
the The municipal court shall collect in its small claims division	8780
the sum of seven dollars as additional filing fees in each new	8781
civil action or proceeding for the charitable public purpose of	8782
providing financial assistance to legal aid societies that operate	8783
within the state. This division does not apply to any execution	8784
on a judgment, proceeding in aid of execution, or other	8785
post-judgment proceeding arising out of a civil action. The	8786
filing fees required to be collected under this division shall be	8787
in addition to any other court costs imposed in the action or	8788
proceeding and shall be collected at the time of the filing of the	8789
action or proceeding. The court shall not waive the payment of	8790
the additional filing fees in a new civil action or proceeding	8791
unless the court waives the advanced payment of all filing fees in	8792
the action or proceeding. All such moneys shall be transmitted on	8793
the first business day of each month by the clerk of the court to	8794
the treasurer of state. The moneys then shall be deposited by the	8795
treasurer of state to the credit of the legal aid fund established	8796
under section 120.52 of the Revised Code.	8797

The court may retain up to one per cent of the moneys it	8798
collects under this division to cover administrative costs,	8799
including the hiring of any additional personnel necessary to	8800
implement this division.	8801

(D) In the Cleveland municipal court, reasonable charges for	8802
investigating titles of real estate to be sold or disposed of	8803
under any writ or process of the court may be taxed as part of the	8804
costs.	8805

(E) Under the circumstances described in sections 2969.21 to	8806
2969.27 of the Revised Code, the clerk of the municipal court	8807
shall charge the fees and perform the other duties specified in	8808
those sections.	8809

Sec. 1907.24.  (A) Subject to division (C) of this section,	8810
a county court shall fix and tax fees and costs as follows:	8811

(1) The county court shall require an advance deposit for	8812
the filing of any new civil action or proceeding when required by	8813
division (C) of this section and, in all other cases, shall	8814
establish a schedule of fees and costs to be taxed in any civil or	8815
criminal action or proceeding.	8816

(2) The county court by rule may require an advance deposit	8817
for the filing of a civil action or proceeding and publication	8818
fees as provided in section 2701.09 of the Revised Code. The	8819
court may waive an advance deposit requirement upon the	8820
presentation of an affidavit or other evidence that establishes	8821
that a party is unable to make the requisite deposit.	8822

(3) When a party demands a jury trial in a civil action or	8823
proceeding, the county court may require the party to make an	8824
advance deposit as fixed by rule of court, unless the court	8825
concludes, on the basis of an affidavit or other evidence	8826
presented by the party, that the party is unable to make the	8827
requisite deposit. If a jury is called, the county court shall	8828
tax the fees of a jury as costs.	8829

(4) In a civil or criminal action or proceeding, the county	8830
court shall fix the fees of witnesses in accordance with sections	8831
2335.06 and 2335.08 of the Revised Code.	8832

(5) A county court may tax as part of the costs in a trial	8833
of the cause, in an amount fixed by rule of court, a reasonable	8834
charge for driving, towing, carting, storing, keeping, and	8835
preserving motor vehicles and other personal property recovered or	8836
seized in a proceeding.	8837

(6) The court shall preserve chattel property seized under a	8838
writ or process issued by the court pending final disposition for	8839
the benefit of all interested persons. The court may place the	8840
chattel property in storage when necessary or proper for its	8841
preservation. The custodian of chattel property so stored shall	8842
not be required to part with the possession of the property until	8843
a reasonable charge, to be fixed by the court, is paid.	8844

(7) The county court, as it determines, may refund all	8845
deposits and advance payments of fees and costs, including those	8846
for jurors and summoning jurors, when they have been paid by the	8847
losing party.	8848

(8) The court may tax as part of costs charges for the	8849
publication of legal notices required by statute or order of	8850
court, as provided by section 7.13 of the Revised Code.	8851

(B)(1) The county court may determine that, for the	8852
efficient operation of the court, additional funds are necessary	8853
to acquire and pay for special projects of the court including,	8854
but not limited to, the acquisition of additional facilities or	8855
the rehabilitation of existing facilities, the acquisition of	8856
equipment, the hiring and training of staff, community service	8857
programs, mediation or dispute resolution services, the employment	8858
of magistrates, the training and education of judges, acting	8859
judges, and magistrates, and other related services. Upon that	8860
determination, the court by rule may charge a fee, in addition to	8861
all other court costs, on the filing of each criminal cause, civil	8862
action or proceeding, or judgment by confession.	8863

If the county court offers a special program or service in	8864
cases of a specific type, the county court by rule may assess an	8865
additional charge in a case of that type, over and above court	8866
costs, to cover the special program or service. The county court	8867
shall adjust the special assessment periodically, but not	8868
retroactively, so that the amount assessed in those cases does not	8869
exceed the actual cost of providing the service or program.	8870

All moneys collected under division (B) of this section shall	8871
be paid to the county treasurer for deposit into either a general	8872
special projects fund or a fund established for a specific special	8873
project. Moneys from a fund of that nature shall be disbursed	8874
upon an order of the court in an amount no greater than the actual	8875
cost to the court of a project. If a specific fund is terminated	8876
because of the discontinuance of a program or service established	8877
under division (B) of this section, the county court may order	8878
that moneys remaining in the fund be transferred to an account	8879
established under this division for a similar purpose.	8880

(2) As used in division (B) of this section:

8881

(a) "Criminal cause" means a charge alleging the violation of	8882
a statute or ordinance, or subsection of a statute or ordinance,	8883
that requires a separate finding of fact or a separate plea before	8884
disposition and of which the defendant may be found guilty,	8885
whether filed as part of a multiple charge on a single summons,	8886
citation, or complaint or as a separate charge on a single	8887
summons, citation, or complaint. "Criminal cause" does not include	8888
separate violations of the same statute or ordinance, or	8889
subsection of the same statute or ordinance, unless each charge is	8890
filed on a separate summons, citation, or complaint.	8891

(b) "Civil action or proceeding" means any civil litigation	8892
that must be determined by judgment entry.	8893

(C) Subject to division (E) of this section, prior to	8894
January 1, 1993, and on and after January 1, 2003, the county	8895
court shall collect the sum of four dollars as additional filing	8896
fees in each new civil action or proceeding for the charitable	8897
public purpose of providing financial assistance to legal aid	8898
societies that operate within the state. Subject to division (E)	8899
of this section, from January 1, 1993, through December 31, 2002,	8900
the county court shall collect in all its divisions except the	8901
small claims division the sum of fifteen dollars as additional	8902
filing fees in each new civil action or proceeding for the	8903
charitable public purpose of providing financial assistance to	8904
legal aid societies that operate within the state. Subject to	8905
division (E) of this section, from January 1, 1993, through	8906
December 31, 2002, the county court shall collect in its small	8907
claims division the sum of seven dollars as additional filing fees	8908
in each new civil action or proceeding for the charitable public	8909
purpose of providing financial assistance to legal aid societies	8910
that operate within the state. This division does not apply to	8911
any execution on a judgment, proceeding in aid of execution, or	8912
other post-judgment proceeding arising out of a civil action. The	8913
filing fees required to be collected under this division shall be	8914
in addition to any other court costs imposed in the action or	8915
proceeding and shall be collected at the time of the filing of the	8916
action or proceeding. The court shall not waive the payment of	8917
the additional filing fees in a new civil action or proceeding	8918
unless the court waives the advanced payment of all filing fees in	8919
the action or proceeding. All such moneys collected during a	8920
month shall be transmitted on or before the twentieth day of the	8921
following month by the clerk of the court to the treasurer of	8922
state. The moneys then shall be deposited by the treasurer of	8923
state to the credit of the legal aid fund established under	8924
section 120.52 of the Revised Code.	8925

The court may retain up to one per cent of the moneys it	8926
collects under this division to cover administrative costs,	8927
including the hiring of any additional personnel necessary to	8928
implement this division.	8929

(D) The county court shall establish by rule a schedule of	8930
fees for miscellaneous services performed by the county court or	8931
any of its judges in accordance with law. If judges of the court	8932
of common pleas perform similar services, the fees prescribed in	8933
the schedule shall not exceed the fees for those services	8934
prescribed by the court of common pleas.	8935

(E) Under the circumstances described in sections 2969.21 to	8936
2969.27 of the Revised Code, the clerk of the county court shall	8937
charge the fees and perform the other duties specified in those	8938
sections.	8939

Sec. 2151.34.  A child who is alleged to be or adjudicated a	8940
delinquent child may be confined in a place of juvenile detention	8941
for a period not to exceed ninety days, during which time a social	8942
history may be prepared to include court record, family history,	8943
personal history, school and attendance records, and any other	8944
pertinent studies and material that will be of assistance to the	8945
juvenile court in its disposition of the charges against that	8946
juvenile offender.	8947

Upon the advice and recommendation of the judge, the board of	8948
county commissioners shall provide, by purchase, lease,	8949
construction, or otherwise, a place to be known as a detention	8950
home that shall be within a convenient distance of the juvenile	8951
court and shall not be used for the confinement of adults charged	8952
with criminal offenses and in which delinquent children may be	8953
detained until final disposition. Upon the joint advice and	8954
recommendation of the juvenile judges of two or more adjoining or	8955
neighboring counties, the boards of county commissioners of the	8956
counties shall form themselves into a joint board and proceed to	8957
organize a district for the establishment and support of a	8958
detention home for the use of the juvenile courts of those	8959
counties, in which delinquent children may be detained until final	8960
disposition, by using a site or buildings already established in	8961
one of the counties or by providing for the purchase of a site and	8962
the erection of the necessary buildings on the site.	8963

A child who is adjudicated to be a juvenile traffic offender	8964
for having committed a violation of division (A) of section	8965
4511.19 of the Revised Code or of a municipal ordinance that is	8966
substantially comparable to that division may be confined in a	8967
detention home or district detention home pursuant to division	8968
(A)(6) of section 2151.356 of the Revised Code, provided the child	8969
is kept separate and apart from alleged delinquent children.	8970

The county or district detention home shall be maintained as	8971
provided in sections 2151.01 to 2151.54 of the Revised Code. In	8972
any county in which there is no detention home or that is not	8973
served by a district detention home, the board of county	8974
commissioners shall provide funds for the boarding of such	8975
children temporarily in private homes. Children who are alleged	8976
to be or have been adjudicated delinquent children may be detained	8977
after a complaint is filed in the detention home until final	8978
disposition of their cases or in certified foster homes or in any	8979
other home approved by the court, if any are available, for a	8980
period not exceeding sixty days or until final disposition of	8981
their cases, whichever comes first. The court also may arrange	8982
with any public children services agency or private child placing	8983
agency to receive, or private noncustodial agency for temporary	8984
care of, the children within the jurisdiction of the court. A	8985
district detention home approved for such purpose by the	8986
department of youth services under section 5139.281 of the Revised	8987
Code may receive children committed to its temporary custody under	8988
section 2151.355 of the Revised Code and provide the care,	8989
treatment, and training required.	8990

If a detention home is established as an agency of the court	8991
or a district detention home is established by the courts of	8992
several counties as provided in this section, it shall be	8993
furnished and carried on, as far as possible, as a family home in	8994
charge of a superintendent or matron in a nonpunitive neutral	8995
atmosphere. The judge, or the directing board of a district	8996
detention home, may appoint a superintendent, a matron, and other	8997
necessary employees for the home and fix their salaries. During	8998
the school year, when possible, a comparable educational program	8999
with competent and trained staff shall be provided for those	9000
children of school age. A sufficient number of trained	9001
recreational personnel shall be included among the staff to assure	9002
wholesome and profitable leisure-time activities. Medical and	9003
mental health services shall be made available to ensure the	9004
courts all possible treatment facilities shall be given to those	9005
children placed under their care. In the case of a county	9006
detention home, the salaries shall be paid in the same manner as	9007
is provided by section 2151.13 of the Revised Code for other	9008
employees of the court, and the necessary expenses incurred in	9009
maintaining the detention home shall be paid by the county. In	9010
the case of a district detention home, the salaries and the	9011
necessary expenses incurred in maintaining the district detention	9012
home shall be paid as provided in sections 2151.341 to 2151.3415	9013
of the Revised Code.	9014

If the court arranges for the board of children temporarily	9015
detained in certified foster homes or arranges for the board of	9016
those children through any private child placing agency, a	9017
reasonable sum to be fixed by the court for the board of those	9018
children shall be paid by the county. In order to have certified	9019
foster homes available for service, an agreed monthly subsidy may	9020
be paid and a fixed rate per day for care of children actually	9021
residing in the certified foster home.	9022

Sec. 2303.201.  (A)(1) The court of common pleas of any	9023
county may determine that for the efficient operation of the court	9024
additional funds are required to computerize the court, to make	9025
available computerized legal research services, or to do both.	9026
Upon making a determination that additional funds are required for	9027
either or both of those purposes, the court shall authorize and	9028
direct the clerk of the court of common pleas to charge one	9029
additional fee, not to exceed three dollars, on the filing of each	9030
cause of action or appeal under divisions (A), (Q), and (U) of	9031
section 2303.20 of the Revised Code.	9032

(2) All fees collected under division (A)(1) of this section	9033
shall be paid to the county treasurer. The treasurer shall place	9034
the funds from the fees in a separate fund to be disbursed, upon	9035
an order of the court, in an amount not greater than the actual	9036
cost to the court of procuring and maintaining computerization of	9037
the court, computerized legal research services, or both.	9038

(3) If the court determines that the funds in the fund	9039
described in division (A)(2) of this section are more than	9040
sufficient to satisfy the purpose for which the additional fee	9041
described in division (A)(1) of this section was imposed, the	9042
court may declare a surplus in the fund and expend those surplus	9043
funds for other appropriate technological expenses of the court.	9044

(B)(1) The court of common pleas of any county may determine	9045
that, for the efficient operation of the court, additional funds	9046
are required to computerize the office of the clerk of the court	9047
of common pleas and, upon that determination, authorize and direct	9048
the clerk of the court of common pleas to charge an additional	9049
fee, not to exceed ten dollars, on the filing of each cause of	9050
action or appeal, on the filing, docketing, and endorsing of each	9051
certificate of judgment, or on the docketing and indexing of each	9052
aid in execution or petition to vacate, revive, or modify a	9053
judgment under divisions (A), (P), (Q), (T), and (U) of section	9054
2303.20 of the Revised Code. Subject to division (B)(2) of this	9055
section, all moneys collected under division (B)(1) of this	9056
section shall be paid to the county treasurer to be disbursed,	9057
upon an order of the court of common pleas and subject to	9058
appropriation by the board of county commissioners, in an amount	9059
no greater than the actual cost to the court of procuring and	9060
maintaining computer systems for the office of the clerk of the	9061
court of common pleas.	9062

(2) If the court of common pleas of a county makes the	9063
determination described in division (B)(1) of this section, the	9064
board of county commissioners of that county may issue one or more	9065
general obligation bonds for the purpose of procuring and	9066
maintaining the computer systems for the office of the clerk of	9067
the court of common pleas. In addition to the purposes stated in	9068
division (B)(1) of this section for which the moneys collected	9069
under that division may be expended, the moneys additionally may	9070
be expended to pay debt charges on and financing costs related to	9071
any general obligation bonds issued pursuant to division (B)(2) of	9072
this section as they become due. General obligation bonds issued	9073
pursuant to division (B)(2) of this section are Chapter 133.	9074
securities.	9075

(C) Prior to January 1, 1993, and on and after January 1,	9076
2003, the court of common pleas shall collect the sum of four	9077
dollars as additional filing fees in each new civil action or	9078
proceeding for the charitable public purpose of providing	9079
financial assistance to legal aid societies that operate within	9080
the state. From January 1, 1993, through December 31, 2002, the	9081
The court of common pleas shall collect the sum of fifteen dollars	9082
as additional filing fees in each new civil action or proceeding	9083
for the charitable public purpose of providing financial	9084
assistance to legal aid societies that operate within the state.	9085
This division does not apply to proceedings concerning annulments,	9086
dissolutions of marriage, divorces, legal separation, spousal	9087
support, marital property or separate property distribution,	9088
support, or other domestic relations matters; to a juvenile	9089
division of a court of common pleas; to a probate division of a	9090
court of common pleas, except that the additional filing fees	9091
shall apply to name change, guardianship, and adoption	9092
proceedings; or to an execution on a judgment, proceeding in aid	9093
of execution, or other post-judgment proceeding arising out of a	9094
civil action. The filing fees required to be collected under this	9095
division shall be in addition to any other filing fees imposed in	9096
the action or proceeding and shall be collected at the time of the	9097
filing of the action or proceeding. The court shall not waive the	9098
payment of the additional filing fees in a new civil action or	9099
proceeding unless the court waives the advanced payment of all	9100
filing fees in the action or proceeding. All such moneys	9101
collected during a month shall be transmitted on or before the	9102
twentieth day of the following month by the clerk of the court to	9103
the treasurer of state. The moneys then shall be deposited by the	9104
treasurer of state to the credit of the legal aid fund established	9105
under section 120.52 of the Revised Code.	9106

The court may retain up to one per cent of the moneys it	9107
collects under this division to cover administrative costs,	9108
including the hiring of any additional personnel necessary to	9109
implement this division.	9110

(D) On and after the thirtieth day after December 9, 1994,	9111
the court of common pleas shall collect the sum of thirty-two	9112
dollars as additional filing fees in each new action or proceeding	9113
for annulment, divorce, or dissolution of marriage for the purpose	9114
of funding shelters for victims of domestic violence pursuant to	9115
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	9116
required to be collected under this division shall be in addition	9117
to any other filing fees imposed in the action or proceeding and	9118
shall be collected at the time of the filing of the action or	9119
proceeding. The court shall not waive the payment of the	9120
additional filing fees in a new action or proceeding for	9121
annulment, divorce, or dissolution of marriage unless the court	9122
waives the advanced payment of all filing fees in the action or	9123
proceeding. On or before the twentieth day of each month, all	9124
moneys collected during the immediately preceding month pursuant	9125
to this division shall be deposited by the clerk of the court into	9126
the county treasury in the special fund used for deposit of	9127
additional marriage license fees as described in section 3113.34	9128
of the Revised Code. Upon their deposit into the fund, the moneys	9129
shall be retained in the fund and expended only as described in	9130
section 3113.34 of the Revised Code.	9131

(E)(1) The court of common pleas may determine that, for the	9132
efficient operation of the court, additional funds are necessary	9133
to acquire and pay for special projects of the court, including,	9134
but not limited to, the acquisition of additional facilities or	9135
the rehabilitation of existing facilities, the acquisition of	9136
equipment, the hiring and training of staff, community service	9137
programs, mediation or dispute resolution services, the employment	9138
of magistrates, the training and education of judges, acting	9139
judges, and magistrates, and other related services. Upon that	9140
determination, the court by rule may charge a fee, in addition to	9141
all other court costs, on the filing of each criminal cause, civil	9142
action or proceeding, or judgment by confession.	9143

If the court of common pleas offers a special program or	9144
service in cases of a specific type, the court by rule may assess	9145
an additional charge in a case of that type, over and above court	9146
costs, to cover the special program or service. The court shall	9147
adjust the special assessment periodically, but not retroactively,	9148
so that the amount assessed in those cases does not exceed the	9149
actual cost of providing the service or program.	9150

All moneys collected under division (E) of this section shall	9151
be paid to the county treasurer for deposit into either a general	9152
special projects fund or a fund established for a specific special	9153
project. Moneys from a fund of that nature shall be disbursed	9154
upon an order of the court in an amount no greater than the actual	9155
cost to the court of a project. If a specific fund is terminated	9156
because of the discontinuance of a program or service established	9157
under division (E) of this section, the court may order that	9158
moneys remaining in the fund be transferred to an account	9159
established under this division for a similar purpose.	9160

(2) As used in division (E) of this section:

9161

(a) "Criminal cause" means a charge alleging the violation of	9162
a statute or ordinance, or subsection of a statute or ordinance,	9163
that requires a separate finding of fact or a separate plea before	9164
disposition and of which the defendant may be found guilty,	9165
whether filed as part of a multiple charge on a single summons,	9166
citation, or complaint or as a separate charge on a single	9167
summons, citation, or complaint. "Criminal cause" does not include	9168
separate violations of the same statute or ordinance, or	9169
subsection of the same statute or ordinance, unless each charge is	9170
filed on a separate summons, citation, or complaint.	9171

(b) "Civil action or proceeding" means any civil litigation	9172
that must be determined by judgment entry.	9173

Sec. 2317.02.  The following persons shall not testify in	9174
certain respects:	9175

(A) An attorney, concerning a communication made to the	9176
attorney by a client in that relation or the attorney's advice to	9177
a client, except that the attorney may testify by express consent	9178
of the client or, if the client is deceased, by the express	9179
consent of the surviving spouse or the executor or administrator	9180
of the estate of the deceased client and except that, if the	9181
client voluntarily testifies or is deemed by section 2151.421 of	9182
the Revised Code to have waived any testimonial privilege under	9183
this division, the attorney may be compelled to testify on the	9184
same subject;	9185

(B)(1) A physician or a dentist concerning a communication	9186
made to the physician or dentist by a patient in that relation or	9187
the physician's or dentist's advice to a patient, except as	9188
otherwise provided in this division, division (B)(2), and division	9189
(B)(3) of this section, and except that, if the patient is deemed	9190
by section 2151.421 of the Revised Code to have waived any	9191
testimonial privilege under this division, the physician may be	9192
compelled to testify on the same subject.	9193

The testimonial privilege established under this division	9194
does not apply, and a physician or dentist may testify or may be	9195
compelled to testify, in any of the following circumstances:	9196

(a) In any civil action, in accordance with the discovery	9197
provisions of the Rules of Civil Procedure in connection with a	9198
civil action, or in connection with a claim under Chapter 4123. of	9199
the Revised Code, under any of the following circumstances:	9200

(i) If the patient or the guardian or other legal	9201
representative of the patient gives express consent;	9202

(ii) If the patient is deceased, the spouse of the patient	9203
or the executor or administrator of the patient's estate gives	9204
express consent;	9205

(iii) If a medical claim, dental claim, chiropractic claim,	9206
or optometric claim, as defined in section 2305.11 of the Revised	9207
Code, an action for wrongful death, any other type of civil	9208
action, or a claim under Chapter 4123. of the Revised Code is	9209
filed by the patient, the personal representative of the estate of	9210
the patient if deceased, or the patient's guardian or other legal	9211
representative.	9212

(b) In any civil action concerning court-ordered treatment	9213
or services received by a patient, if the court-ordered treatment	9214
or services were ordered as part of a case plan journalized under	9215
section 2151.412 of the Revised Code or the court-ordered	9216
treatment or services are necessary or relevant to dependency,	9217
neglect, or abuse or temporary or permanent custody proceedings	9218
under Chapter 2151. of the Revised Code.	9219

(c) In any criminal action concerning any test or the	9220
results of any test that determines the presence or concentration	9221
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	9222
patient's blood, breath, urine, or other bodily substance at any	9223
time relevant to the criminal offense in question.	9224

(d) In any criminal action against a physician or dentist.	9225
In such an action, the testimonial privilege established under	9226
this division does not prohibit the admission into evidence, in	9227
accordance with the Rules of Evidence, of a patient's medical or	9228
dental records or other communications between a patient and the	9229
physician or dentist that are related to the action and obtained	9230
by subpoena, search warrant, or other lawful means. A court that	9231
permits or compels a physician or dentist to testify in such an	9232
action or permits the introduction into evidence of patient	9233
records or other communications in such an action shall require	9234
that appropriate measures be taken to ensure that the	9235
confidentiality of any patient named or otherwise identified in	9236
the records is maintained. Measures to ensure confidentiality	9237
that may be taken by the court include sealing its records or	9238
deleting specific information from its records.	9239

(2)(a) If any law enforcement officer submits a written	9240
statement to a health care provider that states that an official	9241
criminal investigation has begun regarding a specified person or	9242
that a criminal action or proceeding has been commenced against a	9243
specified person, that requests the provider to supply to the	9244
officer copies of any records the provider possesses that pertain	9245
to any test or the results of any test administered to the	9246
specified person to determine the presence or concentration of	9247
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	9248
person's blood, breath, or urine at any time relevant to the	9249
criminal offense in question, and that conforms to section	9250
2317.022 of the Revised Code, the provider, except to the extent	9251
specifically prohibited by any law of this state or of the United	9252
States, shall supply to the officer a copy of any of the requested	9253
records the provider possesses. If the health care provider does	9254
not possess any of the requested records, the provider shall give	9255
the officer a written statement that indicates that the provider	9256
does not possess any of the requested records.	9257

(b) If a health care provider possesses any records of the	9258
type described in division (B)(2)(a) of this section regarding the	9259
person in question at any time relevant to the criminal offense in	9260
question, in lieu of personally testifying as to the results of	9261
the test in question, the custodian of the records may submit a	9262
certified copy of the records, and, upon its submission, the	9263
certified copy is qualified as authentic evidence and may be	9264
admitted as evidence in accordance with the Rules of Evidence.	9265
Division (A) of section 2317.422 of the Revised Code does not	9266
apply to any certified copy of records submitted in accordance	9267
with this division. Nothing in this division shall be construed	9268
to limit the right of any party to call as a witness the person	9269
who administered the test to which the records pertain, the person	9270
under whose supervision the test was administered, the custodian	9271
of the records, the person who made the records, or the person	9272
under whose supervision the records were made.	9273

(3)(a) If the testimonial privilege described in division	9274
(B)(1) of this section does not apply as provided in division	9275
(B)(1)(a)(iii) of this section, a physician or dentist may be	9276
compelled to testify or to submit to discovery under the Rules of	9277
Civil Procedure only as to a communication made to the physician	9278
or dentist by the patient in question in that relation, or the	9279
physician's or dentist's advice to the patient in question, that	9280
related causally or historically to physical or mental injuries	9281
that are relevant to issues in the medical claim, dental claim,	9282
chiropractic claim, or optometric claim, action for wrongful	9283
death, other civil action, or claim under Chapter 4123. of the	9284
Revised Code.	9285

(b) If the testimonial privilege described in division	9286
(B)(1) of this section does not apply to a physician or dentist as	9287
provided in division (B)(1)(c) of this section, the physician or	9288
dentist, in lieu of personally testifying as to the results of the	9289
test in question, may submit a certified copy of those results,	9290
and, upon its submission, the certified copy is qualified as	9291
authentic evidence and may be admitted as evidence in accordance	9292
with the Rules of Evidence. Division (A) of section 2317.422 of	9293
the Revised Code does not apply to any certified copy of results	9294
submitted in accordance with this division. Nothing in this	9295
division shall be construed to limit the right of any party to	9296
call as a witness the person who administered the test in	9297
question, the person under whose supervision the test was	9298
administered, the custodian of the results of the test, the person	9299
who compiled the results, or the person under whose supervision	9300
the results were compiled.	9301

(4) The testimonial privilege described in division (B)(1)	9302
of this section is not waived when a communication is made by a	9303
physician to a pharmacist or when there is communication between a	9304
patient and a pharmacist in furtherance of the physician-patient	9305
relation.	9306

(5)(a) As used in divisions (B)(1) to (4) of this section,	9307
"communication" means acquiring, recording, or transmitting any	9308
information, in any manner, concerning any facts, opinions, or	9309
statements necessary to enable a physician or dentist to diagnose,	9310
treat, prescribe, or act for a patient. A "communication" may	9311
include, but is not limited to, any medical or dental, office, or	9312
hospital communication such as a record, chart, letter,	9313
memorandum, laboratory test and results, x-ray, photograph,	9314
financial statement, diagnosis, or prognosis.	9315

(b) As used in division (B)(2) of this section, "health care	9316
provider" has the same meaning as in section 3729.01 of the	9317
Revised Code means a hospital, ambulatory care facility, long-term	9318
care facility, pharmacy, emergency facility, or health care	9319
practitioner.	9320

(c) As used in division (B)(5)(b) of this section:

9321

(i) "Ambulatory care facility" means a facility that provides	9322
medical, diagnostic, or surgical treatment to patients who do not	9323
require hospitalization, including a dialysis center, ambulatory	9324
surgical facility, cardiac catheterization facility, diagnostic	9325
imaging center, extracorporeal shock wave lithotripsy center, home	9326
health agency, inpatient hospice, birthing center, radiation	9327
therapy center, emergency facility, and an urgent care center.	9328
"Ambulatory health care facility" does not include the private	9329
office of a physician or dentist, whether the office is for an	9330
individual or group practice.	9331

(ii) "Emergency facility" means a hospital emergency	9332
department or any other facility that provides emergency medical	9333
services.	9334

(iii) "Health care practitioner" has the same meaning as in	9335
section 4769.01 of the Revised Code.	9336

(iv) "Hospital" has the same meaning as in section 3727.01 of	9337
the Revised Code.	9338

(v) "Long-term care facility" means a nursing home,	9339
residential care facility, or home for the aging, as those terms	9340
are defined in section 3721.01 of the Revised Code; an adult care	9341
facility, as defined in section 3722.01 of the Revised Code; a	9342
nursing facility or intermediate care facility for the mentally	9343
retarded, as those terms are defined in section 5111.20 of the	9344
Revised Code; a facility or portion of a facility certified as a	9345
skilled nursing facility under Title XVIII of the "Social Security	9346
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	9347

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	9348
the Revised Code.	9349

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	9350
apply to doctors of medicine, doctors of osteopathic medicine,	9351
doctors of podiatry, and dentists.	9352

(7) Nothing in divisions (B)(1) to (6) of this section	9353
affects, or shall be construed as affecting, the immunity from	9354
civil liability conferred by section 307.628 or 2305.33 of the	9355
Revised Code upon physicians who report an employee's use of a	9356
drug of abuse, or a condition of an employee other than one	9357
involving the use of a drug of abuse, to the employer of the	9358
employee in accordance with division (B) of that section. As used	9359
in division (B)(7) of this section, "employee," "employer," and	9360
"physician" have the same meanings as in section 2305.33 of the	9361
Revised Code.	9362

(C) A member of the clergy, rabbi, priest, or regularly	9363
ordained, accredited, or licensed minister of an established and	9364
legally cognizable church, denomination, or sect, when the member	9365
of the clergy, rabbi, priest, or minister remains accountable to	9366
the authority of that church, denomination, or sect, concerning a	9367
confession made, or any information confidentially communicated,	9368
to the member of the clergy, rabbi, priest, or minister for a	9369
religious counseling purpose in the member of the clergy's,	9370
rabbi's, priest's, or minister's professional character; however,	9371
the member of the clergy, rabbi, priest, or minister may testify	9372
by express consent of the person making the communication, except	9373
when the disclosure of the information is in violation of a sacred	9374
trust;	9375

(D) Husband or wife, concerning any communication made by	9376
one to the other, or an act done by either in the presence of the	9377
other, during coverture, unless the communication was made, or act	9378
done, in the known presence or hearing of a third person competent	9379
to be a witness; and such rule is the same if the marital relation	9380
has ceased to exist;	9381

(E) A person who assigns a claim or interest, concerning any	9382
matter in respect to which the person would not, if a party, be	9383
permitted to testify;	9384

(F) A person who, if a party, would be restricted under	9385
section 2317.03 of the Revised Code, when the property or thing is	9386
sold or transferred by an executor, administrator, guardian,	9387
trustee, heir, devisee, or legatee, shall be restricted in the	9388
same manner in any action or proceeding concerning the property or	9389
thing.	9390

(G)(1) A school guidance counselor who holds a valid	9391
educator license from the state board of education as provided for	9392
in section 3319.22 of the Revised Code, a person licensed under	9393
Chapter 4757. of the Revised Code as a professional clinical	9394
counselor, professional counselor, social worker, or independent	9395
social worker, or registered under Chapter 4757. of the Revised	9396
Code as a social work assistant concerning a confidential	9397
communication received from a client in that relation or the	9398
person's advice to a client unless any of the following applies:	9399

(a) The communication or advice indicates clear and present	9400
danger to the client or other persons. For the purposes of this	9401
division, cases in which there are indications of present or past	9402
child abuse or neglect of the client constitute a clear and	9403
present danger.	9404

(b) The client gives express consent to the testimony.

9405

(c) If the client is deceased, the surviving spouse or the	9406
executor or administrator of the estate of the deceased client	9407
gives express consent.	9408

(d) The client voluntarily testifies, in which case the	9409
school guidance counselor or person licensed or registered under	9410
Chapter 4757. of the Revised Code may be compelled to testify on	9411
the same subject.	9412

(e) The court in camera determines that the information	9413
communicated by the client is not germane to the counselor-client	9414
or social worker-client relationship.	9415

(f) A court, in an action brought against a school, its	9416
administration, or any of its personnel by the client, rules after	9417
an in-camera inspection that the testimony of the school guidance	9418
counselor is relevant to that action.	9419

(g) The testimony is sought in a civil action and concerns	9420
court-ordered treatment or services received by a patient as part	9421
of a case plan journalized under section 2151.412 of the Revised	9422
Code or the court-ordered treatment or services are necessary or	9423
relevant to dependency, neglect, or abuse or temporary or	9424
permanent custody proceedings under chapter Chapter 2151. of the	9425
Revised Code.	9426

(2) Nothing in division (G)(1) of this section shall relieve	9427
a school guidance counselor or a person licensed or registered	9428
under Chapter 4757. of the Revised Code from the requirement to	9429
report information concerning child abuse or neglect under section	9430
2151.421 of the Revised Code.	9431

(H) A mediator acting under a mediation order issued under	9432
division (A) of section 3109.052 of the Revised Code or otherwise	9433
issued in any proceeding for divorce, dissolution, legal	9434
separation, annulment, or the allocation of parental rights and	9435
responsibilities for the care of children, in any action or	9436
proceeding, other than a criminal, delinquency, child abuse, child	9437
neglect, or dependent child action or proceeding, that is brought	9438
by or against either parent who takes part in mediation in	9439
accordance with the order and that pertains to the mediation	9440
process, to any information discussed or presented in the	9441
mediation process, to the allocation of parental rights and	9442
responsibilities for the care of the parents' children, or to the	9443
awarding of parenting time rights in relation to their children;	9444

(I) A communications assistant, acting within the scope of	9445
the communication assistant's authority, when providing	9446
telecommunications relay service pursuant to section 4931.35 of	9447
the Revised Code or Title II of the "Communications Act of 1934,"	9448
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	9449
made through a telecommunications relay service. Nothing in this	9450
section shall limit the obligation of a communications assistant	9451
to divulge information or testify when mandated by federal law or	9452
regulation or pursuant to subpoena in a criminal proceeding.	9453

Nothing in this section shall limit any immunity or privilege	9454
granted under federal law or regulation.	9455

(J)(1) A chiropractor in a civil proceeding concerning a	9456
communication made to the chiropractor by a patient in that	9457
relation or the chiropractor's advice to a patient, except as	9458
otherwise provided in this division. The testimonial privilege	9459
established under this division does not apply, and a chiropractor	9460
may testify or may be compelled to testify, in any civil action,	9461
in accordance with the discovery provisions of the Rules of Civil	9462
Procedure in connection with a civil action, or in connection with	9463
a claim under Chapter 4123. of the Revised Code, under any of the	9464
following circumstances:	9465

(a) If the patient or the guardian or other legal	9466
representative of the patient gives express consent.	9467

(b) If the patient is deceased, the spouse of the patient or	9468
the executor or administrator of the patient's estate gives	9469
express consent.	9470

(c) If a medical claim, dental claim, chiropractic claim, or	9471
optometric claim, as defined in section 2305.11 of the Revised	9472
Code, an action for wrongful death, any other type of civil	9473
action, or a claim under Chapter 4123. of the Revised Code is	9474
filed by the patient, the personal representative of the estate of	9475
the patient if deceased, or the patient's guardian or other legal	9476
representative.	9477

(2) If the testimonial privilege described in division	9478
(J)(1) of this section does not apply as provided in division	9479
(J)(1)(c) of this section, a chiropractor may be compelled to	9480
testify or to submit to discovery under the Rules of Civil	9481
Procedure only as to a communication made to the chiropractor by	9482
the patient in question in that relation, or the chiropractor's	9483
advice to the patient in question, that related causally or	9484
historically to physical or mental injuries that are relevant to	9485
issues in the medical claim, dental claim, chiropractic claim, or	9486
optometric claim, action for wrongful death, other civil action,	9487
or claim under Chapter 4123. of the Revised Code.	9488

(3) The testimonial privilege established under this	9489
division does not apply, and a chiropractor may testify or be	9490
compelled to testify, in any criminal action or administrative	9491
proceeding.	9492

(4) As used in this division, "communication" means	9493
acquiring, recording, or transmitting any information, in any	9494
manner, concerning any facts, opinions, or statements necessary to	9495
enable a chiropractor to diagnosis, treat, or act for a patient. A	9496
communication may include, but is not limited to, any	9497
chiropractic, office, or hospital communication such as a record,	9498
chart, letter, memorandum, laboratory test and results, x-ray,	9499
photograph, financial statement, diagnosis, or prognosis.	9500

Sec. 2317.022.  (A) As used in this section, "health care	9501
provider" has the same meaning as in section 3729.01 2317.02 of	9502
the Revised Code.	9503

(B) If an official criminal investigation has begun	9504
regarding a person or if a criminal action or proceeding is	9505
commenced against a person, any law enforcement officer who wishes	9506
to obtain from any health care provider a copy of any records the	9507
provider possesses that pertain to any test or the result of any	9508
test administered to the person to determine the presence or	9509
concentration of alcohol, a drug of abuse, or alcohol and a drug	9510
of abuse in the person's blood, breath, or urine at any time	9511
relevant to the criminal offense in question shall submit to the	9512
health care facility a written statement in the following form:	9513

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

9514

To: .................... (insert name of the health care	9515
provider in question).	9516

I hereby state that an official criminal investigation has	9517
begun regarding, or a criminal action or proceeding has been	9518
commenced against, .................... (insert the name of the	9519
person in question), and that I believe that one or more tests has	9520
been administered to him that person by this health care provider	9521
to determine the presence or concentration of alcohol, a drug of	9522
abuse, or alcohol and a drug of abuse in his that person's blood,	9523
breath, or urine at a time relevant to the criminal offense in	9524
question. Therefore, I hereby request that, pursuant to division	9525
(B)(2) of section 2317.02 of the Revised Code, this health care	9526
provider supply me with copies of any records the provider	9527
possesses that pertain to any test or the results of any test	9528
administered to the person specified above to determine the	9529
presence or concentration of alcohol, a drug of abuse, or alcohol	9530
and a drug of abuse in his that person's blood, breath, or urine	9531
at any time relevant to the criminal offense in question.	9532

.....................................

9533

(Name of officer)

9534

.....................................

9535

(Officer's title)

9536

.....................................

9537

(Officer's employing agency)

9538

.....................................

9539

(Officer's telephone number)

9540

.....................................

9541

.....................................

9542

.....................................

9543

(Agency's address)

9544

.....................................

9545

(Date written statement submitted)"

9546

(C) A health care provider that receives a written statement	9547
of the type described in division (B) of this section shall comply	9548
with division (B)(2) of section 2317.02 of the Revised Code	9549
relative to the written statement.	9550

Sec. 2329.66.  (A) Every person who is domiciled in this	9551
state may hold property exempt from execution, garnishment,	9552
attachment, or sale to satisfy a judgment or order, as follows:	9553

(1)(a) In the case of a judgment or order regarding money	9554
owed for health care services rendered or health care supplies	9555
provided to the person or a dependent of the person, one parcel or	9556
item of real or personal property that the person or a dependent	9557
of the person uses as a residence. Division (A)(1)(a) of this	9558
section does not preclude, affect, or invalidate the creation	9559
under this chapter of a judgment lien upon the exempted property	9560
but only delays the enforcement of the lien until the property is	9561
sold or otherwise transferred by the owner or in accordance with	9562
other applicable laws to a person or entity other than the	9563
surviving spouse or surviving minor children of the judgment	9564
debtor. Every person who is domiciled in this state may hold	9565
exempt from a judgment lien created pursuant to division (A)(1)(a)	9566
of this section the person's interest, not to exceed five thousand	9567
dollars, in the exempted property.	9568

(b) In the case of all other judgments and orders, the	9569
person's interest, not to exceed five thousand dollars, in one	9570
parcel or item of real or personal property that the person or a	9571
dependent of the person uses as a residence.	9572

(2) The person's interest, not to exceed one thousand	9573
dollars, in one motor vehicle;	9574

(3) The person's interest, not to exceed two hundred dollars	9575
in any particular item, in wearing apparel, beds, and bedding, and	9576
the person's interest, not to exceed three hundred dollars in each	9577
item, in one cooking unit and one refrigerator or other food	9578
preservation unit;	9579

(4)(a) The person's interest, not to exceed four hundred	9580
dollars, in cash on hand, money due and payable, money to become	9581
due within ninety days, tax refunds, and money on deposit with a	9582
bank, savings and loan association, credit union, public utility,	9583
landlord, or other person. Division (A)(4)(a) of this section	9584
applies only in bankruptcy proceedings. This exemption may	9585
include the portion of personal earnings that is not exempt under	9586
division (A)(13) of this section.	9587

(b) Subject to division (A)(4)(d) of this section, the	9588
person's interest, not to exceed two hundred dollars in any	9589
particular item, in household furnishings, household goods,	9590
appliances, books, animals, crops, musical instruments, firearms,	9591
and hunting and fishing equipment, that are held primarily for the	9592
personal, family, or household use of the person;	9593

(c) Subject to division (A)(4)(d) of this section, the	9594
person's interest in one or more items of jewelry, not to exceed	9595
four hundred dollars in one item of jewelry and not to exceed two	9596
hundred dollars in every other item of jewelry;	9597

(d) Divisions (A)(4)(b) and (c) of this section do not	9598
include items of personal property listed in division (A)(3) of	9599
this section.	9600

If the person does not claim an exemption under division	9601
(A)(1) of this section, the total exemption claimed under division	9602
(A)(4)(b) of this section shall be added to the total exemption	9603
claimed under division (A)(4)(c) of this section, and the total	9604
shall not exceed two thousand dollars. If the person claims an	9605
exemption under division (A)(1) of this section, the total	9606
exemption claimed under division (A)(4)(b) of this section shall	9607
be added to the total exemption claimed under division (A)(4)(c)	9608
of this section, and the total shall not exceed one thousand five	9609
hundred dollars.	9610

(5) The person's interest, not to exceed an aggregate of	9611
seven hundred fifty dollars, in all implements, professional	9612
books, or tools of the person's profession, trade, or business,	9613
including agriculture;	9614

(6)(a) The person's interest in a beneficiary fund set	9615
apart, appropriated, or paid by a benevolent association or	9616
society, as exempted by section 2329.63 of the Revised Code;	9617

(b) The person's interest in contracts of life or endowment	9618
insurance or annuities, as exempted by section 3911.10 of the	9619
Revised Code;	9620

(c) The person's interest in a policy of group insurance or	9621
the proceeds of a policy of group insurance, as exempted by	9622
section 3917.05 of the Revised Code;	9623

(d) The person's interest in money, benefits, charity,	9624
relief, or aid to be paid, provided, or rendered by a fraternal	9625
benefit society, as exempted by section 3921.18 of the Revised	9626
Code;	9627

(e) The person's interest in the portion of benefits under	9628
policies of sickness and accident insurance and in lump-sum lump	9629
sum payments for dismemberment and other losses insured under	9630
those policies, as exempted by section 3923.19 of the Revised	9631
Code.	9632

(7) The person's professionally prescribed or medically	9633
necessary health aids;	9634

(8) The person's interest in a burial lot, including, but	9635
not limited to, exemptions under section 517.09 or 1721.07 of the	9636
Revised Code;	9637

(9) The person's interest in the following:

9638

(a) Moneys paid or payable for living maintenance or rights,	9639
as exempted by section 3304.19 of the Revised Code;	9640

(b) Workers' compensation, as exempted by section 4123.67 of	9641
the Revised Code;	9642

(c) Unemployment compensation benefits, as exempted by	9643
section 4141.32 of the Revised Code;	9644

(d) Cash assistance payments under the Ohio works first	9645
program, as exempted by section 5107.75 of the Revised Code;	9646

(e) Benefits and services under the prevention, retention,	9647
and contingency program, as exempted by section 5108.08 of the	9648
Revised Code;	9649

(f) Disability assistance payments, as exempted by section	9650
5115.07 of the Revised Code.	9651

(10)(a) Except in cases in which the person was convicted of	9652
or pleaded guilty to a violation of section 2921.41 of the Revised	9653
Code and in which an order for the withholding of restitution from	9654
payments was issued under division (C)(2)(b) of that section or in	9655
cases in which an order for withholding was issued under section	9656
2907.15 of the Revised Code, and only to the extent provided in	9657
the order, and except as provided in sections 3105.171, 3105.63,	9658
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	9659
Code, the person's right to a pension, benefit, annuity,	9660
retirement allowance, or accumulated contributions, the person's	9661
right to a participant account in any deferred compensation	9662
program offered by the Ohio public employees deferred compensation	9663
board, a government unit, or a municipal corporation, or the	9664
person's other accrued or accruing rights, as exempted by section	9665
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	9666
the Revised Code, and the person's right to benefits from the Ohio	9667
public safety officers death benefit fund;	9668

(b) Except as provided in sections 3119.80, 3119.81,	9669
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's	9670
right to receive a payment under any pension, annuity, or similar	9671
plan or contract, not including a payment from a stock bonus or	9672
profit-sharing plan or a payment included in division (A)(6)(b) or	9673
(10)(a) of this section, on account of illness, disability, death,	9674
age, or length of service, to the extent reasonably necessary for	9675
the support of the person and any of the person's dependents,	9676
except if all the following apply:	9677

(i) The plan or contract was established by or under the	9678
auspices of an insider that employed the person at the time the	9679
person's rights under the plan or contract arose.	9680

(ii) The payment is on account of age or length of service.

9681

(iii) The plan or contract is not qualified under the	9682
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	9683
amended.	9684

(c) Except for any portion of the assets that were deposited	9685
for the purpose of evading the payment of any debt and except as	9686
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	9687
3123.06 of the Revised Code, the person's right in the assets held	9688
in, or to receive any payment under, any individual retirement	9689
account, individual retirement annuity, "Roth IRA," or education	9690
individual retirement account that provides benefits by reason of	9691
illness, disability, death, or age, to the extent that the assets,	9692
payments, or benefits described in division (A)(10)(c) of this	9693
section are attributable to any of the following:	9694

(i) Contributions of the person that were less than or equal	9695
to the applicable limits on deductible contributions to an	9696
individual retirement account or individual retirement annuity in	9697
the year that the contributions were made, whether or not the	9698
person was eligible to deduct the contributions on the person's	9699
federal tax return for the year in which the contributions were	9700
made;	9701

(ii) Contributions of the person that were less than or	9702
equal to the applicable limits on contributions to a Roth IRA or	9703
education individual retirement account in the year that the	9704
contributions were made;	9705

(iii) Contributions of the person that are within the	9706
applicable limits on rollover contributions under subsections 219,	9707
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	9708
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	9709
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	9710

(d) Except for any portion of the assets that were deposited	9711
for the purpose of evading the payment of any debt and except as	9712
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	9713
3123.06 of the Revised Code, the person's right in the assets held	9714
in, or to receive any payment under, any Keogh or "H.R. 10" plan	9715
that provides benefits by reason of illness, disability, death, or	9716
age, to the extent reasonably necessary for the support of the	9717
person and any of the person's dependents.	9718

(11) The person's right to receive spousal support, child	9719
support, an allowance, or other maintenance to the extent	9720
reasonably necessary for the support of the person and any of the	9721
person's dependents;	9722

(12) The person's right to receive, or moneys received	9723
during the preceding twelve calendar months from, any of the	9724
following:	9725

(a) An award of reparations under sections 2743.51 to	9726
2743.72 of the Revised Code, to the extent exempted by division	9727
(D) of section 2743.66 of the Revised Code;	9728

(b) A payment on account of the wrongful death of an	9729
individual of whom the person was a dependent on the date of the	9730
individual's death, to the extent reasonably necessary for the	9731
support of the person and any of the person's dependents;	9732

(c) Except in cases in which the person who receives the	9733
payment is an inmate, as defined in section 2969.21 of the Revised	9734
Code, and in which the payment resulted from a civil action or	9735
appeal against a government entity or employee, as defined in	9736
section 2969.21 of the Revised Code, a payment, not to exceed five	9737
thousand dollars, on account of personal bodily injury, not	9738
including pain and suffering or compensation for actual pecuniary	9739
loss, of the person or an individual for whom the person is a	9740
dependent;	9741

(d) A payment in compensation for loss of future earnings of	9742
the person or an individual of whom the person is or was a	9743
dependent, to the extent reasonably necessary for the support of	9744
the debtor and any of the debtor's dependents.	9745

(13) Except as provided in sections 3119.80, 3119.81,	9746
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	9747
earnings of the person owed to the person for services in an	9748
amount equal to the greater of the following amounts:	9749

(a) If paid weekly, thirty times the current federal minimum	9750
hourly wage; if paid biweekly, sixty times the current federal	9751
minimum hourly wage; if paid semimonthly, sixty-five times the	9752
current federal minimum hourly wage; or if paid monthly, one	9753
hundred thirty times the current federal minimum hourly wage that	9754
is in effect at the time the earnings are payable, as prescribed	9755
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9756
U.S.C. 206(a)(1), as amended;	9757

(b) Seventy-five per cent of the disposable earnings owed to	9758
the person.	9759

(14) The person's right in specific partnership property, as	9760
exempted by division (B)(3) of section 1775.24 of the Revised	9761
Code;	9762

(15) A seal and official register of a notary public, as	9763
exempted by section 147.04 of the Revised Code;	9764

(16) The person's interest in a tuition credit or a payment	9765
under section 3334.09 of the Revised Code pursuant to a tuition	9766
credit contract, as exempted by section 3334.15 of the Revised	9767
Code;	9768

(17) Any other property that is specifically exempted from	9769
execution, attachment, garnishment, or sale by federal statutes	9770
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	9771
U.S.C.A. 101, as amended;	9772

(18) The person's interest, not to exceed four hundred	9773
dollars, in any property, except that division (A)(18) of this	9774
section applies only in bankruptcy proceedings.	9775

(B) As used in this section:

9776

(1) "Disposable earnings" means net earnings after the	9777
garnishee has made deductions required by law, excluding the	9778
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	9779
3121.03, or 3123.06 of the Revised Code.	9780

(2) "Insider" means:

9781

(a) If the person who claims an exemption is an individual,	9782
a relative of the individual, a relative of a general partner of	9783
the individual, a partnership in which the individual is a general	9784
partner, a general partner of the individual, or a corporation of	9785
which the individual is a director, officer, or in control;	9786

(b) If the person who claims an exemption is a corporation,	9787
a director or officer of the corporation; a person in control of	9788
the corporation; a partnership in which the corporation is a	9789
general partner; a general partner of the corporation; or a	9790
relative of a general partner, director, officer, or person in	9791
control of the corporation;	9792

(c) If the person who claims an exemption is a partnership,	9793
a general partner in the partnership; a general partner of the	9794
partnership; a person in control of the partnership; a partnership	9795
in which the partnership is a general partner; or a relative in, a	9796
general partner of, or a person in control of the partnership;	9797

(d) An entity or person to which or whom any of the	9798
following applies:	9799

(i) The entity directly or indirectly owns, controls, or	9800
holds with power to vote, twenty per cent or more of the	9801
outstanding voting securities of the person who claims an	9802
exemption, unless the entity holds the securities in a fiduciary	9803
or agency capacity without sole discretionary power to vote the	9804
securities or holds the securities solely to secure to debt and	9805
the entity has not in fact exercised the power to vote.	9806

(ii) The entity is a corporation, twenty per cent or more of	9807
whose outstanding voting securities are directly or indirectly	9808
owned, controlled, or held with power to vote, by the person who	9809
claims an exemption or by an entity to which division (B)(2)(d)(i)	9810
of this section applies.	9811

(iii) A person whose business is operated under a lease or	9812
operating agreement by the person who claims an exemption, or a	9813
person substantially all of whose business is operated under an	9814
operating agreement with the person who claims an exemption.	9815

(iv) The entity operates the business or all or	9816
substantially all of the property of the person who claims an	9817
exemption under a lease or operating agreement.	9818

(e) An insider, as otherwise defined in this section, of a	9819
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	9820
(iv) of this section applies, as if the person or entity were a	9821
person who claims an exemption;	9822

(f) A managing agent of the person who claims an exemption.

9823

(3) "Participant account" has the same meaning as in section	9824
148.01 of the Revised Code.	9825

(4) "Government unit" has the same meaning as in section	9826
148.06 of the Revised Code.	9827

(C) For purposes of this section, "interest" shall be	9828
determined as follows:	9829

(1) In bankruptcy proceedings, as of the date a petition is	9830
filed with the bankruptcy court commencing a case under Title 11	9831
of the United States Code;	9832

(2) In all cases other than bankruptcy proceedings, as of	9833
the date of an appraisal, if necessary under section 2329.68 of	9834
the Revised Code, or the issuance of a writ of execution.	9835

An interest, as determined under division (C)(1) or (2) of	9836
this section, shall not include the amount of any lien otherwise	9837
valid pursuant to section 2329.661 of the Revised Code.	9838

Sec. 2715.041.  (A) Upon the filing of a motion for an order	9839
of attachment pursuant to section 2715.03 of the Revised Code, the	9840
plaintiff shall file with the clerk of the court a praecipe	9841
instructing the clerk to issue to the defendant against whom the	9842
motion was filed a notice of the proceeding. Upon receipt of the	9843
praecipe, the clerk shall issue the notice which shall be in	9844
substantially the following form:	9845

(Case Caption)

9848

NOTICE

9849

You are hereby notified that (name and address of plaintiff),	9850
the plaintiff in this proceeding, has applied to this court for	9851
the attachment of property in your possession. The basis for this	9852
application is indicated in the documents that are enclosed with	9853
this notice.	9854

The law of Ohio and the United States provides that certain	9855
benefit payments cannot be taken from you to pay a debt. Typical	9856
among the benefits that cannot be attached or executed on by a	9857
creditor are:	9858

(1) Workers' compensation benefits;

9859

(2) Unemployment compensation payments;

9860

(3) Cash assistance payments under the Ohio works first	9861
program;	9862

(4) Benefits and services under the prevention, retention,	9863
and contingency program;	9864

(5) Disability assistance administered by the Ohio department	9865
of job and family services;	9866

(5)(6) Social security benefits;

9867

(6)(7) Supplemental security income (S.S.I.);

9868

(7)(8) Veteran's benefits;

9869

(8)(9) Black lung benefits;

9870

(9)(10) Certain pensions.

9871

Additionally, your wages never can be taken to pay a debt	9872
until a judgment has been obtained against you. There may be	9873
other benefits not included in this list that apply in your case.	9874

If you dispute the plaintiff's claim and believe that you are	9875
entitled to retain possession of the property because it is exempt	9876
or for any other reason, you may request a hearing before this	9877
court by disputing the claim in the request for hearing form	9878
appearing below, or in a substantially similar form, and	9879
delivering the request for the hearing to this court, at the	9880
office of the clerk of this court, not later than the end of the	9881
fifth business day after you receive this notice. You may state	9882
your reasons for disputing the claim in the space provided on the	9883
form, but you are not required to do so. If you do state your	9884
reasons for disputing the claim in the space provided on the form,	9885
you are not prohibited from stating any other reasons at the	9886
hearing, and if you do not state your reasons, it will not be held	9887
against you by the court and you can state your reasons at the	9888
hearing.	9889

If you request a hearing, it will be conducted in	9890
................... courtroom ........, (address of court), at	9891
.............m. on ............., .....	9892

You may avoid having a hearing but retain possession of the	9893
property until the entry of final judgment in the action by filing	9894
with the court, at the office of the clerk of this court, not	9895
later than the end of the fifth business day after you receive	9896
this notice, a bond executed by an acceptable surety in the amount	9897
of $............	9898

If you do not request a hearing or file a bond on or before	9899
the end of the fifth business day after you receive this notice,	9900
the court, without further notice to you, may order a law	9901
enforcement officer or bailiff to take possession of the property.	9902
Notice of the dates, times, places, and purposes of any subsequent	9903
hearings and of the date, time, and place of the trial of the	9904
action will be sent to you.	9905

(B) Along with the notice required by division (A) of this	9909
section, the clerk of the court also shall deliver to the	9910
defendant, in accordance with division (C) of this section, a	9911
request for hearing form together with a postage-paid,	9912
self-addressed envelope or a request for hearing form on a	9913
postage-paid, self-addressed postcard. The request for hearing	9914
shall be in substantially the following form:	9915

"(Name and Address of Court)

9916

REQUEST FOR HEARING

9918

I dispute the claim for the attachment of property in the	9919
above case and request that a hearing in this matter be held at	9920
the time and place set forth in the notice that I previously	9921
received.	9922

I dispute the claim for the following reasons:

9923

................................................................

9924

(Optional)

9925

................................................................

9926

................................................................

9927

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	9934
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	9935
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	9936
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	9937
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	9938

(C) The notice required by division (A) of this section	9939
shall be served on the defendant in duplicate not less than seven	9940
business days prior to the date on which the hearing is scheduled,	9941
together with a copy of the complaint and summons, if not	9942
previously served, and a copy of the motion for the attachment of	9943
property and the affidavit attached to the motion, in the same	9944
manner as provided in the Rules of Civil Procedure for the service	9945
of process. Service may be effected by publication as provided in	9946
the Rules of Civil Procedure except that the number of weeks for	9947
publication may be reduced by the court to the extent appropriate.	9948

Sec. 2715.045.  (A) Upon the filing of a motion for	9949
attachment, a court may issue an order of attachment without	9950
issuing notice to the defendant against whom the motion was filed	9951
and without conducting a hearing if the court finds that there is	9952
probable cause to support the motion and that the plaintiff that	9953
filed the motion for attachment will suffer irreparable injury if	9954
the order is delayed until the defendant against whom the motion	9955
has been filed has been given the opportunity for a hearing. The	9956
court's findings shall be based upon the motion and affidavit	9957
filed pursuant to section 2715.03 of the Revised Code and any	9958
other relevant evidence that it may wish to consider.	9959

(B) A finding by the court that the plaintiff will suffer	9960
irreparable injury may be made only if the court finds the	9961
existence of either of the following circumstances:	9962

(1) There is present danger that the property will be	9963
immediately disposed of, concealed, or placed beyond the	9964
jurisdiction of the court.	9965

(2) The value of the property will be impaired substantially	9966
if the issuance of an order of attachment is delayed.	9967

(C)(1) Upon the issuance by a court of an order of	9968
attachment without notice and hearing pursuant to this section,	9969
the plaintiff shall file the order with the clerk of the court,	9970
together with a praecipe instructing the clerk to issue to the	9971
defendant against whom the order was issued a copy of the motion,	9972
affidavit, and order of attachment, and a notice that an order of	9973
attachment was issued and that the defendant has a right to a	9974
hearing on the matter. The clerk then immediately shall serve	9975
upon the defendant, in the manner provided by the Rules of Civil	9976
Procedure for service of process, a copy of the complaint and	9977
summons, if not previously served, a copy of the motion,	9978
affidavit, and order of attachment, and the following notice:	9979

"(Name and Address of the Court)

9980

NOTICE

9982

You are hereby notified that this court has issued an order	9983
in the above case in favor of (name and address of plaintiff), the	9984
plaintiff in this proceeding, directing that property now in your	9985
possession, be taken from you. This order was issued on the basis	9986
of the plaintiff's claim against you as indicated in the documents	9987
that are enclosed with this notice.	9988

The law of Ohio and the United States provides that certain	9989
benefit payments cannot be taken from you to pay a debt. Typical	9990
among the benefits that cannot be attached or executed on by a	9991
creditor are:	9992

(1) Workers' compensation benefits;

9993

(2) Unemployment compensation payments;

9994

(3) Cash assistance payments under the Ohio works first	9995
program;	9996

(4) Benefits and services under the prevention, retention,	9997
and contingency program;	9998

(5) Disability assistance administered by the Ohio	9999
department of job and family services;	10000

(5)(6) Social security benefits;

10001

(6)(7) Supplemental security income (S.S.I.);

10002

(7)(8) Veteran's benefits;

10003

(8)(9) Black lung benefits;

10004

(9)(10) Certain pensions.

10005

Additionally, your wages never can be taken to pay a debt	10006
until a judgment has been obtained against you. There may be	10007
other benefits not included in this list that apply in your case.	10008

If you dispute the plaintiff's claim and believe that you are	10009
entitled to possession of the property because it is exempt or for	10010
any other reason, you may request a hearing before this court by	10011
disputing the claim in the request for hearing form, appearing	10012
below, or in a substantially similar form, and delivering the	10013
request for hearing to this court at the above address, at the	10014
office of the clerk of this court, no later than the end of the	10015
fifth business day after you receive this notice. You may state	10016
your reasons for disputing the claim in the space provided on the	10017
form; however, you are not required to do so. If you do state	10018
your reasons for disputing the claim, you are not prohibited from	10019
stating any other reasons at the hearing, and if you do not state	10020
your reasons, it will not be held against you by the court and you	10021
can state your reasons at the hearing. If you request a hearing,	10022
it will be held within three business days after delivery of your	10023
request for hearing and notice of the date, time, and place of the	10024
hearing will be sent to you.	10025

You may avoid a hearing but recover and retain possession of	10026
the property until the entry of final judgment in the action by	10027
filing with the court, at the office of the clerk of this court,	10028
not later than the end of the fifth business day after you receive	10029
this notice, a bond executed by an acceptable surety in the amount	10030
of $.........	10031

If you do not request a hearing or file a bond before the end	10032
of the fifth business day after you receive this notice,	10033
possession of the property will be withheld from you during the	10034
pendency of the action. Notice of the dates, times, places, and	10035
purposes of any subsequent hearings and of the date, time, and	10036
place of the trial of the action will be sent to you.	10037

(2) Along with the notice required by division (C)(1) of	10042
this section, the clerk of the court also shall deliver to the	10043
defendant a request for hearing form together with a postage-paid,	10044
self-addressed envelope or a request for hearing form on a	10045
postage-paid, self-addressed postcard. The request for hearing	10046
shall be in substantially the following form:	10047

"(Name and Address of Court)

10048

REQUEST FOR HEARING

10050

I dispute the claim for possession of property in the above	10051
case and request that a hearing in this matter be held within	10052
three business days after delivery of this request to the court.	10053

I dispute the claim for the following reasons:

10054

..................................................................

10055

(Optional)

10056

..................................................................

10057

..................................................................

10058

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	10065
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	10066
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	10067
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	10068
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	10069

(D) The defendant may receive a hearing in accordance with	10070
section 2715.043 of the Revised Code by delivering a written	10071
request for hearing to the court within five business days after	10072
receipt of the notice provided pursuant to division (C) of this	10073
section. The request may set forth the defendant's reasons for	10074
disputing the plaintiff's claim for possession of property.	10075
However, neither the defendant's inclusion of nor failure to	10076
include such reasons upon the request constitutes a waiver of any	10077
defense of the defendant or affects the defendant's right to	10078
produce evidence at any hearing or at the trial of the action. If	10079
the request is made by the defendant, the court shall schedule a	10080
hearing within three business days after the request is made, send	10081
notice to the parties of the date, time, and place of the hearing,	10082
and hold the hearing accordingly.	10083

(E) If, after hearing, the court finds that there is not	10084
probable cause to support the motion, it shall order that the	10085
property be redelivered to the defendant without the condition of	10086
bond.	10087

Sec. 2716.13.  (A) Upon the filing of a proceeding in	10088
garnishment of property, other than personal earnings, under	10089
section 2716.11 of the Revised Code, the court shall cause the	10090
matter to be set for hearing within twelve days after that filing.	10091

(B) Upon the scheduling of a hearing relative to a	10092
proceeding in garnishment of property, other than personal	10093
earnings, under division (A) of this section, the clerk of the	10094
court immediately shall issue to the garnishee three copies of the	10095
order of garnishment of property, other than personal earnings,	10096
and of a written notice that the garnishee answer as provided in	10097
section 2716.21 of the Revised Code and the garnishee's fee	10098
required by section 2716.12 of the Revised Code. The copies of	10099
the order and of the notice shall be served upon the garnishee in	10100
the same manner as a summons is served. The copies of the order	10101
and of the notice shall not be served later than seven days prior	10102
to the date on which the hearing is scheduled. The order shall	10103
bind the property, other than personal earnings, of the judgment	10104
debtor in the possession of the garnishee at the time of service.	10105

The order of garnishment of property, other than personal	10106
earnings, and notice to answer shall be in substantially the	10107
following form:	10108

"ORDER AND NOTICE OF GARNISHMENT

10109

OF PROPERTY OTHER THAN PERSONAL EARNINGS

10110

AND ANSWER OF GARNISHEE

10111

The State of Ohio

10116

County of ............, ss

10117

..................., Judgment Creditor

10118

vs.

10119

..................., Judgment Debtor

10120

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

10121

To: ...................., Garnishee

10122

The judgment creditor in the above case has filed an	10123
affidavit, satisfactory to the undersigned, in this Court stating	10124
that you have money, property, or credits, other than personal	10125
earnings, in your hands or under your control that belong to the	10126
judgment debtor, and that some of the money, property, or credits	10127
may not be exempt from garnishment under the laws of the State of	10128
Ohio or the laws of the United States.	10129

You are therefore ordered to complete the "ANSWER OF	10130
GARNISHEE" in section (B) of this form. Return one completed and	10131
signed copy of this form to the clerk of this court together with	10132
the amount determined in accordance with the "ANSWER OF GARNISHEE"	10133
by the following date on which a hearing is tentatively scheduled	10134
relative to this order of garnishment: ............ Deliver one	10135
completed and signed copy of this form to the judgment debtor	10136
prior to that date. Keep the other completed and signed copy of	10137
this form for your files.	10138

The total probable amount now due on this judgment is	10139
$.......... The total probable amount now due includes the unpaid	10140
portion of the judgment in favor of the judgment creditor, which	10141
is $..........; interest on that judgment and, if applicable,	10142
prejudgment interest relative to that judgment at the rate of	10143
.....% per annum payable until that judgment is satisfied in full;	10144
and court costs in the amount of $...........	10145

You also are ordered to hold safely anything of value that	10146
belongs to the judgment debtor and that has to be paid to the	10147
court, as determined under the "ANSWER OF GARNISHEE" in section	10148
(B) of this form, but that is of such a nature that it cannot be	10149
so delivered, until further order of the court.	10150

Witness my hand and the seal of this court this ..........	10151
day of .........., ..........	10152

SECTION B. ANSWER OF GARNISHEE

10155

Now comes .................... the garnishee, who says:

10156

1. That the garnishee has money, property, or credits, other	10157
than personal earnings, of the judgment debtor under the	10158
garnishee's control and in the garnishee's possession.	10159

2. That property is described as:

10162

3. If the answer to line 1 is "yes" and the amount is less	10163
than the probable amount now due on the judgment, as indicated in	10164
section (A) of this form, sign and return this form and pay the	10165
amount of line 1 to the clerk of this court.	10166

4. If the answer to line 1 is "yes" and the amount is	10167
greater than that probable amount now due on the judgment, as	10168
indicated in section (A) of this form, sign and return this form	10169
and pay that probable amount now due to the clerk of this court.	10170

5. If the answer to line 1 is "yes" but the money, property,	10171
or credits are of such a nature that they cannot be delivered to	10172
the clerk of the court, indicate that by placing an "X" in this	10173
space: ...... Do not dispose of that money, property, or credits	10174
or give them to anyone else until further order of the court.	10175

6. If the answer to line 1 is "no," sign and return this	10176
form to the clerk of this court.	10177

I certify that the statements above are true.	10178

Signed ...........................................................

10184

(Signature of Person Completing Form)

10185

Dated this .......... day of .........., ....."

10186

Section A of the form described in this division shall be	10187
completed before service. Section B of the form shall be	10188
completed by the garnishee, and the garnishee shall file one	10189
completed and signed copy of the form with the clerk of the court	10190
as the garnishee's answer. The garnishee may keep one completed	10191
and signed copy of the form and shall deliver the other completed	10192
and signed copy of the form to the judgment debtor.	10193

If several affidavits seeking orders of garnishment of	10194
property, other than personal earnings, are filed against the same	10195
judgment debtor in accordance with section 2716.11 of the Revised	10196
Code, the court involved shall issue the requested orders in the	10197
same order in which the clerk received the associated affidavits.	10198

(C)(1) At the time of the filing of a proceeding in	10199
garnishment of property, other than personal earnings, under	10200
section 2716.11 of the Revised Code, the judgment creditor also	10201
shall file with the clerk of the court a praecipe instructing the	10202
clerk to issue to the judgment debtor a notice to the judgment	10203
debtor form and a request for hearing form. Upon receipt of the	10204
praecipe and the scheduling of a hearing relative to an action in	10205
garnishment of property, other than personal earnings, under	10206
division (A) of this section, the clerk of the court immediately	10207
shall serve upon the judgment debtor, in accordance with division	10208
(D) of this section, two copies of the notice to the judgment	10209
debtor form and of the request for hearing form. The copies of	10210
the notice to the judgment debtor form and of the request for	10211
hearing form shall not be served later than seven days prior to	10212
the date on which the hearing is scheduled.	10213

(a) The notice to the judgment debtor that must be served	10214
upon the judgment debtor shall be in substantially the following	10215
form:	10216

"(Name and Address of the Court)

10217

(Case Caption) ......................... Case No. .............

10218

NOTICE TO THE JUDGMENT DEBTOR

10219

You are hereby notified that this court has issued an order	10220
in the above case in favor of (name and address of judgment	10221
creditor), the judgment creditor in this proceeding, directing	10222
that some of your money, property, or credits, other than personal	10223
earnings, now in the possession of (name and address of	10224
garnishee), the garnishee in this proceeding, be used to satisfy	10225
your debt to the judgment creditor. This order was issued on the	10226
basis of the judgment creditor's judgment against you that was	10227
obtained in (name of court) in (case number) on (date). Upon your	10228
receipt of this notice, you are prohibited from removing or	10229
attempting to remove the money, property, or credits until	10230
expressly permitted by the court. Any violation of this	10231
prohibition subjects you to punishment for contempt of court.	10232

The law of Ohio and the United States provides that certain	10233
benefit payments cannot be taken from you to pay a debt. Typical	10234
among the benefits that cannot be attached or executed upon by a	10235
creditor are the following:	10236

(1) Workers' compensation benefits;

10237

(2) Unemployment compensation payments;

10238

(3) Cash assistance payments under the Ohio works first	10239
program;	10240

(4) Benefits and services under the prevention, retention,	10241
and contingency program;	10242

(5) Disability assistance administered by the Ohio department	10243
of job and family services;	10244

(5)(6) Social security benefits;

10245

(6)(7) Supplemental security income (S.S.I.);

10246

(7)(8) Veteran's benefits;

10247

(8)(9) Black lung benefits;

10248

(9)(10) Certain pensions.

10249

There may be other benefits not included in the above list	10250
that apply in your case.	10251

If you dispute the judgment creditor's right to garnish your	10252
property and believe that the judgment creditor should not be	10253
given your money, property, or credits, other than personal	10254
earnings, now in the possession of the garnishee because they are	10255
exempt or if you feel that this order is improper for any other	10256
reason, you may request a hearing before this court by disputing	10257
the claim in the request for hearing form, appearing below, or in	10258
a substantially similar form, and delivering the request for	10259
hearing to this court at the above address, at the office of the	10260
clerk of this court no later than the end of the fifth business	10261
day after you receive this notice. You may state your reasons for	10262
disputing the judgment creditor's right to garnish your property	10263
in the space provided on the form; however, you are not required	10264
to do so. If you do state your reasons for disputing the judgment	10265
creditor's right, you are not prohibited from stating any other	10266
reason at the hearing. If you do not state your reasons, it will	10267
not be held against you by the court, and you can state your	10268
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	10269
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	10270
the hearing will be limited to a consideration of the amount of	10271
your money, property, or credits, other than personal earnings, in	10272
the possession or control of the garnishee, if any, that can be	10273
used to satisfy all or part of the judgment you owe to the	10274
judgment creditor.	10275

If you request a hearing by delivering your request for	10276
hearing no later than the end of the fifth business day after you	10277
receive this notice, it will be conducted in .......... courtroom	10278
.........., (address of court), at ..... m. on ..........,	10279
.......... You may request the court to conduct the hearing	10280
before this date by indicating your request in the space provided	10281
on the form; the court then will send you notice of any change in	10282
the date, time, or place of the hearing. If you do not request a	10283
hearing by delivering your request for a hearing no later than the	10284
end of the fifth business day after you receive this notice, some	10285
of your money, property, or credits, other than personal earnings,	10286
will be paid to the judgment creditor.	10287

If you have any questions concerning this matter, you may	10288
contact the office of the clerk of this court. If you want legal	10289
representation, you should contact your lawyer immediately. If	10290
you need the name of a lawyer, contact the local bar association.	10291

(b) The request for hearing form that must be served upon	10296
the judgment debtor shall have attached to it a postage-paid,	10297
self-addressed envelope or shall be on a postage-paid	10298
self-addressed postcard, and shall be in substantially the	10299
following form:	10300

"(Name and Address of Court)

10301

Case Number ........................... Date	10302
....................	10303

REQUEST FOR HEARING

10304

I dispute the judgment creditor's right to garnish my money,	10305
property, or credits, other than personal earnings, in the above	10306
case and request that a hearing in this matter be held	10307

..................................................................

10308

(Insert "on" or "earlier than")

10309

the date and time set forth in the document entitled "NOTICE TO	10310
THE JUDGMENT DEBTOR" that I received with this request form.	10311

I dispute the judgment creditor's right to garnish my	10312
property for the following reasons:	10313

..................................................................

10314

(Optional)

10315

..................................................................

10316

..................................................................

10317

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	10318
BE HEARD OR CONSIDERED AT THE HEARING.	10319

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	10326
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	10327
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	10328
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	10329
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	10330
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	10331
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	10332
CREDITOR'S NAME)."	10333

(2) The judgment debtor may receive a hearing in accordance	10334
with this division by delivering a written request for hearing to	10335
the court within five business days after receipt of the notice	10336
provided pursuant to division (C)(1) of this section. The request	10337
may set forth the judgment debtor's reasons for disputing the	10338
judgment creditor's right to garnish the money, property, or	10339
credits, other than personal earnings; however, neither the	10340
judgment debtor's inclusion of nor failure to include those	10341
reasons upon the request constitutes a waiver of any defense of	10342
the judgment debtor or affects the judgment debtor's right to	10343
produce evidence at the hearing. If the request is made by the	10344
judgment debtor within the prescribed time, the hearing shall be	10345
limited to a consideration of the amount of money, property, or	10346
credits, other than personal earnings, of the judgment debtor in	10347
the hands of the garnishee, if any, that can be used to satisfy	10348
all or part of the debt owed by the judgment debtor to the	10349
judgment creditor. If a request for a hearing is not received by	10350
the court within the prescribed time, the hearing scheduled	10351
pursuant to division (A) of this section shall be canceled unless	10352
the court grants the judgment debtor a continuance in accordance	10353
with division (C)(3) of this section.	10354

(3) If the judgment debtor does not request a hearing in the	10355
action within the prescribed time pursuant to division (C)(2) of	10356
this section, the court nevertheless may grant a continuance of	10357
the scheduled hearing if the judgment debtor, prior to the time at	10358
which the hearing was scheduled, as indicated on the notice to the	10359
judgment debtor required by division (C)(1) of this section,	10360
establishes a reasonable justification for failure to request the	10361
hearing within the prescribed time. If the court grants a	10362
continuance of the hearing, it shall cause the matter to be set	10363
for hearing as soon as practicable thereafter. The continued	10364
hearing shall be conducted in accordance with division (C)(2) of	10365
this section.	10366

(4) The court may conduct the hearing on the matter prior to	10367
the time at which the hearing was scheduled, as indicated on the	10368
notice to the judgment debtor required by division (C)(1) of this	10369
section, upon the request of the judgment debtor. The parties	10370
shall be sent notice, by the clerk of the court, by regular mail,	10371
of any change in the date, time, or place of the hearing.	10372

(5) If the scheduled hearing is canceled and no continuance	10373
is granted, the court shall issue an order to the garnishee to pay	10374
all or some of the money, property, or credits, other than	10375
personal earnings, of the judgment debtor in the possession of the	10376
garnishee at the time of service of the notice and order into	10377
court if they have not already been paid to the court. This order	10378
shall be based on the answer of the garnishee filed pursuant to	10379
this section. If the scheduled hearing is conducted or if it is	10380
continued and conducted, the court shall determine at the hearing	10381
the amount of the money, property, or credits, other than personal	10382
earnings, of the judgment debtor in the possession of the	10383
garnishee at the time of service of the notice and order, if any,	10384
that can be used to satisfy all or part of the debt owed by the	10385
judgment debtor to the judgment creditor, and issue an order,	10386
accordingly, to the garnishee to pay that amount into court if it	10387
has not already been paid to the court.	10388

(D) The notice to the judgment debtor form and the request	10389
for hearing form described in division (C) of this section shall	10390
be sent by the clerk by ordinary or regular mail service unless	10391
the judgment creditor requests that service be made in accordance	10392
with the Rules of Civil Procedure, in which case the forms shall	10393
be served in accordance with the Rules of Civil Procedure. Any	10394
court of common pleas that issues an order of garnishment of	10395
property, other than personal earnings, under this section has	10396
jurisdiction to serve process pursuant to this section upon a	10397
garnishee who does not reside within the jurisdiction of the	10398
court. Any county court or municipal court that issues an order	10399
of garnishment of property, other than personal earnings, under	10400
this section has jurisdiction to serve process pursuant to this	10401
section upon a garnishee who does not reside within the	10402
jurisdiction of the court.	10403

Sec. 2921.13.  (A) No person shall knowingly make a false	10404
statement, or knowingly swear or affirm the truth of a false	10405
statement previously made, when any of the following applies:	10406

(1) The statement is made in any official proceeding.

10407

(2) The statement is made with purpose to incriminate	10408
another.	10409

(3) The statement is made with purpose to mislead a public	10410
official in performing the public official's official function.	10411

(4) The statement is made with purpose to secure the payment	10412
of unemployment compensation; Ohio works first; prevention,	10413
retention, and contingency assistance benefits and services;	10414
disability assistance; retirement benefits; economic development	10415
assistance, as defined in section 9.66 of the Revised Code; or	10416
other benefits administered by a governmental agency or paid out	10417
of a public treasury.	10418

(5) The statement is made with purpose to secure the	10419
issuance by a governmental agency of a license, permit,	10420
authorization, certificate, registration, release, or provider	10421
agreement.	10422

(6) The statement is sworn or affirmed before a notary	10423
public or another person empowered to administer oaths.	10424

(7) The statement is in writing on or in connection with a	10425
report or return that is required or authorized by law.	10426

(8) The statement is in writing and is made with purpose to	10427
induce another to extend credit to or employ the offender, to	10428
confer any degree, diploma, certificate of attainment, award of	10429
excellence, or honor on the offender, or to extend to or bestow	10430
upon the offender any other valuable benefit or distinction, when	10431
the person to whom the statement is directed relies upon it to	10432
that person's detriment.	10433

(9) The statement is made with purpose to commit or	10434
facilitate the commission of a theft offense.	10435

(10) The statement is knowingly made to a probate court in	10436
connection with any action, proceeding, or other matter within its	10437
jurisdiction, either orally or in a written document, including,	10438
but not limited to, an application, petition, complaint, or other	10439
pleading, or an inventory, account, or report.	10440

(11) The statement is made on an account, form, record,	10441
stamp, label, or other writing that is required by law.	10442

(12) The statement is made in connection with the purchase	10443
of a firearm, as defined in section 2923.11 of the Revised Code,	10444
and in conjunction with the furnishing to the seller of the	10445
firearm of a fictitious or altered driver's or commercial driver's	10446
license or permit, a fictitious or altered identification card, or	10447
any other document that contains false information about the	10448
purchaser's identity.	10449

(13) The statement is made in a document or instrument of	10450
writing that purports to be a judgment, lien, or claim of	10451
indebtedness and is filed or recorded with the secretary of state,	10452
a county recorder, or the clerk of a court of record.	10453

(B) No person, in connection with the purchase of a firearm,	10454
as defined in section 2923.11 of the Revised Code, shall knowingly	10455
furnish to the seller of the firearm a fictitious or altered	10456
driver's or commercial driver's license or permit, a fictitious or	10457
altered identification card, or any other document that contains	10458
false information about the purchaser's identity.	10459

(C) It is no defense to a charge under division (A)(4) of	10460
this section that the oath or affirmation was administered or	10461
taken in an irregular manner.	10462

(D) If contradictory statements relating to the same fact	10463
are made by the offender within the period of the statute of	10464
limitations for falsification, it is not necessary for the	10465
prosecution to prove which statement was false but only that one	10466
or the other was false.	10467

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	10468
(6), (7), (8), (10), (11), or (13) of this section is guilty of	10469
falsification, a misdemeanor of the first degree.	10470

(2) Whoever violates division (A)(9) of this section is	10471
guilty of falsification in a theft offense. Except as otherwise	10472
provided in this division, falsification in a theft offense is a	10473
misdemeanor of the first degree. If the value of the property or	10474
services stolen is five hundred dollars or more and is less than	10475
five thousand dollars, falsification in a theft offense is a	10476
felony of the fifth degree. If the value of the property or	10477
services stolen is five thousand dollars or more and is less than	10478
one hundred thousand dollars, falsification in a theft offense is	10479
a felony of the fourth degree. If the value of the property or	10480
services stolen is one hundred thousand dollars or more,	10481
falsification in a theft offense is a felony of the third degree.	10482

(3) Whoever violates division (A)(12) or (B) of this	10483
section is guilty of falsification to purchase a firearm, a felony	10484
of the fifth degree.	10485

(F) A person who violates this section is liable in a civil	10486
action to any person harmed by the violation for injury, death, or	10487
loss to person or property incurred as a result of the commission	10488
of the offense and for reasonable attorney's fees, court costs,	10489
and other expenses incurred as a result of prosecuting the civil	10490
action commenced under this division. A civil action under this	10491
division is not the exclusive remedy of a person who incurs	10492
injury, death, or loss to person or property as a result of a	10493
violation of this section.	10494

Sec. 2949.091.  (A)(1) The court, in which any person is	10495
convicted of or pleads guilty to any offense other than a traffic	10496
offense that is not a moving violation, shall impose the sum of	10497
eleven thirteen dollars as costs in the case in addition to any	10498
other court costs that the court is required by law to impose upon	10499
the offender. All such moneys collected during a month shall be	10500
transmitted on or before the twentieth day of the following month	10501
by the clerk of the court to the treasurer of state and deposited	10502
by the. The treasurer of state shall deposit eleven-thirteenths of	10503
the moneys transmitted into the general revenue fund. The	10504
treasurer of state shall deposit two-thirteenths of the moneys	10505
transmitted into the state treasury to the credit of the county	10506
public defender reimbursement fund, which is hereby created. All	10507
moneys credited to the fund shall be used by the state public	10508
defender to reimburse counties for the operation of county public	10509
defender offices, joint county public defender offices, and county	10510
appointed counsel systems pursuant to sections 120.18, 120.28, and	10511
120.33 of the Revised Code.	10512

The court shall not waive the payment of the additional	10513
eleven thirteen dollars court costs, unless the court determines	10514
that the offender is indigent and waives the payment of all court	10515
costs imposed upon the indigent offender.	10516

(2) The juvenile court, in which a child is found to be a	10517
delinquent child or a juvenile traffic offender for an act which,	10518
if committed by an adult, would be an offense other than a traffic	10519
offense that is not a moving violation, shall impose the sum of	10520
eleven thirteen dollars as costs in the case in addition to any	10521
other court costs that the court is required or permitted by law	10522
to impose upon the delinquent child or juvenile traffic offender.	10523
All such moneys collected during a month shall be transmitted on	10524
or before the twentieth day of the following month by the clerk of	10525
the court to the treasurer of state and deposited by the. The	10526
treasurer of state shall deposit eleven-thirteenths of the moneys	10527
transmitted into the general revenue fund. The eleven treasurer	10528
of state shall deposit two-thirteenths of the moneys transmitted	10529
into the county public defender reimbursement fund.	10530

The thirteen dollars court costs shall be collected in all	10531
cases unless the court determines the juvenile is indigent and	10532
waives the payment of all court costs, or enters an order on its	10533
journal stating that it has determined that the juvenile is	10534
indigent, that no other court costs are to be taxed in the case,	10535
and that the payment of the eleven thirteen dollars court costs is	10536
waived.	10537

(B) Whenever a person is charged with any offense other than	10538
a traffic offense that is not a moving violation and posts bail,	10539
the court shall add to the amount of the bail the eleven thirteen	10540
dollars required to be paid by division (A)(1) of this section.	10541
The eleven thirteen dollars shall be retained by the clerk of the	10542
court until the person is convicted, pleads guilty, forfeits bail,	10543
is found not guilty, or has the charges dismissed. If the person	10544
is convicted, pleads guilty, or forfeits bail, the clerk shall	10545
transmit the eleven thirteen dollars on or before the twentieth	10546
day of the month following the month in which the person was	10547
convicted, pleaded guilty, or forfeited bail to the treasurer of	10548
state, who. The treasurer of state shall deposit it eleven of the	10549
thirteen dollars into the general revenue fund and two of the	10550
thirteen dollars into the county public defender reimbursement	10551
fund. If the person is found not guilty or the charges are	10552
dismissed, the clerk shall return the eleven thirteen dollars to	10553
the person.	10554

(C) No person shall be placed or held in a detention	10555
facility for failing to pay the additional eleven thirteen dollars	10556
court costs or bail that are required to be paid by this section.	10557

(D) As used in this section:

10558

(1) "Moving violation" and "bail" have the same meanings as	10559
in section 2743.70 of the Revised Code.	10560

(2) "Detention facility" has the same meaning as in section	10561
2921.01 of the Revised Code.	10562

Sec. 2953.21.  (A)(1) Any person who has been convicted of a	10563
criminal offense or adjudicated a delinquent child and who claims	10564
that there was such a denial or infringement of the person's	10565
rights as to render the judgment void or voidable under the Ohio	10566
Constitution or the Constitution of the United States may file a	10567
petition in the court that imposed sentence, stating the grounds	10568
for relief relied upon, and asking the court to vacate or set	10569
aside the judgment or sentence or to grant other appropriate	10570
relief. The petitioner may file a supporting affidavit and other	10571
documentary evidence in support of the claim for relief.	10572

(2) A petition under division (A)(1) of this section shall	10573
be filed no later than one hundred eighty days after the date on	10574
which the trial transcript is filed in the court of appeals in the	10575
direct appeal of the judgment of conviction or adjudication or, if	10576
the direct appeal involves a sentence of death, the date on which	10577
the trial transcript is filed in the supreme court. If no appeal	10578
is taken, the petition shall be filed no later than one hundred	10579
eighty days after the expiration of the time for filing the	10580
appeal.	10581

(3) In a petition filed under division (A) of this section,	10582
a person upon whom a sentence of death has been imposed may ask	10583
the court to render void or voidable the judgment with respect to	10584
the conviction of aggravated murder or the specification of an	10585
aggravating circumstance.	10586

(4) A petitioner shall state in the original or amended	10587
petition filed under division (A) of this section all grounds for	10588
relief claimed by the petitioner. Except as provided in section	10589
2953.23 of the Revised Code, any ground for relief that is not so	10590
stated in the petition is waived.	10591

(5) If the petitioner in a petition filed under division (A)	10592
of this section was convicted of or pleaded guilty to a felony,	10593
the petition may include a claim that the petitioner was denied	10594
the equal protection of the laws in violation of the Ohio	10595
Constitution or the United States Constitution because the	10596
sentence imposed upon the petitioner for the felony was part of a	10597
consistent pattern of disparity in sentencing by the judge who	10598
imposed the sentence, with regard to the petitioner's race,	10599
gender, ethnic background, or religion. If the supreme court	10600
adopts a rule requiring a court of common pleas to maintain	10601
information with regard to an offender's race, gender, ethnic	10602
background, or religion, the supporting evidence for the petition	10603
shall include, but shall not be limited to, a copy of that type of	10604
information relative to the petitioner's sentence and copies of	10605
that type of information relative to sentences that the same judge	10606
imposed upon other persons.	10607

(B) The clerk of the court in which the petition is filed	10608
shall docket the petition and bring it promptly to the attention	10609
of the court. The petitioner need not serve a copy of the	10610
petition on the prosecuting attorney. The clerk of the court in	10611
which the petition is filed immediately shall forward a copy of	10612
the petition to the prosecuting attorney of that county.	10613

(C) The court shall consider a petition that is timely filed	10614
under division (A)(2) of this section even if a direct appeal of	10615
the judgment is pending. Before granting a hearing on a petition	10616
filed under division (A) of this section, the court shall	10617
determine whether there are substantive grounds for relief. In	10618
making such a determination, the court shall consider, in addition	10619
to the petition, the supporting affidavits, and the documentary	10620
evidence, all the files and records pertaining to the proceedings	10621
against the petitioner, including, but not limited to, the	10622
indictment, the court's journal entries, the journalized records	10623
of the clerk of the court, and the court reporter's transcript.	10624
The court reporter's transcript, if ordered and certified by the	10625
court, shall be taxed as court costs. If the court dismisses the	10626
petition, it shall make and file findings of fact and conclusions	10627
of law with respect to such dismissal.	10628

(D) Within ten days after the docketing of the petition, or	10629
within any further time that the court may fix for good cause	10630
shown, the prosecuting attorney shall respond by answer or motion.	10631
Within twenty days from the date the issues are made up, either	10632
party may move for summary judgment. The right to summary	10633
judgment shall appear on the face of the record.	10634

(E) Unless the petition and the files and records of the	10635
case show the petitioner is not entitled to relief, the court	10636
shall proceed to a prompt hearing on the issues even if a direct	10637
appeal of the case is pending. If the court notifies the parties	10638
that it has found grounds for granting relief, either party may	10639
request an appellate court in which a direct appeal of the	10640
judgment is pending to remand the pending case to the court.	10641

(F) At any time before the answer or motion is filed, the	10642
petitioner may amend the petition with or without leave or	10643
prejudice to the proceedings. The petitioner may amend the	10644
petition with leave of court at any time thereafter.	10645

(G) If the court does not find grounds for granting relief,	10646
it shall make and file findings of fact and conclusions of law and	10647
shall enter judgment denying relief on the petition. If no direct	10648
appeal of the case is pending and the court finds grounds for	10649
relief or if a pending direct appeal of the case has been remanded	10650
to the court pursuant to a request made pursuant to division (E)	10651
of this section and the court finds grounds for granting relief,	10652
it shall make and file findings of fact and conclusions of law and	10653
shall enter a judgment that vacates and sets aside the judgment in	10654
question, and, in the case of a petitioner who is a prisoner in	10655
custody, shall discharge or resentence the petitioner or grant a	10656
new trial as the court determines appropriate. The court also may	10657
make supplementary orders to the relief granted, concerning such	10658
matters as rearraignment, retrial, custody, and bail. If the	10659
trial court's order granting the petition is reversed on appeal	10660
and if the direct appeal of the case has been remanded from an	10661
appellate court pursuant to a request under division (E) of this	10662
section, the appellate court reversing the order granting the	10663
petition shall notify the appellate court in which the direct	10664
appeal of the case was pending at the time of the remand of the	10665
reversal and remand of the trial court's order. Upon the reversal	10666
and remand of the trial court's order granting the petition,	10667
regardless of whether notice is sent or received, the direct	10668
appeal of the case that was remanded is reinstated.	10669

(H) Upon the filing of a petition pursuant to division (A)	10670
of this section by a prisoner in a state correctional institution	10671
who has received the death penalty, the court may stay execution	10672
of the judgment challenged by the petition.	10673

(I)(1) If a person who has received the death penalty	10674
intends to file a petition under this section, the court shall	10675
appoint counsel to represent the person upon a finding that the	10676
person is indigent and that the person either accepts the	10677
appointment of counsel or is unable to make a competent decision	10678
whether to accept or reject the appointment of counsel. The court	10679
may decline to appoint counsel for the person only upon a finding,	10680
after a hearing if necessary, that the person rejects the	10681
appointment of counsel and understands the legal consequences of	10682
that decision or upon a finding that the person is not indigent.	10683

(2) The court shall not appoint as counsel under division	10684
(I)(1) of this section an attorney who represented the petitioner	10685
at trial in the case to which the petition relates unless the	10686
person and the attorney expressly request the appointment. The	10687
court shall appoint as counsel under division (I)(1) of this	10688
section only an attorney who is certified under Rule 65 20 of the	10689
Rules of Superintendence for the Courts of Common Pleas Ohio to	10690
represent indigent defendants charged with or convicted of an	10691
offense for which the death penalty can be or has been imposed.	10692
The ineffectiveness or incompetence of counsel during proceedings	10693
under this section does not constitute grounds for relief in a	10694
proceeding under this section, in an appeal of any action under	10695
this section, or in an application to reopen a direct appeal.	10696

(3) Division (I) of this section does not preclude attorneys	10697
who represent the state of Ohio from invoking the provisions of 28	10698
U.S.C. 154 with respect to capital cases that were pending in	10699
federal habeas corpus proceedings prior to the effective date of	10700
this amendment insofar as the petitioners in those cases were	10701
represented in proceedings under this section by one or more	10702
counsel appointed by the court under this section or section	10703
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	10704
appointed counsel meet the requirements of division (I)(2) of this	10705
section.	10706

(J) Subject to the appeal of a sentence for a felony that is	10707
authorized by section 2953.08 of the Revised Code, the remedy set	10708
forth in this section is the exclusive remedy by which a person	10709
may bring a collateral challenge to the validity of a conviction	10710
or sentence in a criminal case or to the validity of an	10711
adjudication of a child as a delinquent child for the commission	10712
of an act that would be a criminal offense if committed by an	10713
adult or the validity of a related order of disposition.	10714

Sec. 3109.14.  (A) As used in this section, "birth record"	10715
and "certification of birth" have the meanings given in section	10716
3705.01 of the Revised Code.	10717

(B)(1) The director of health, a person authorized by the	10718
director, a local commissioner of health, or a local registrar of	10719
vital statistics shall charge and collect a fee for each certified	10720
copy of a birth record and, for each certification of birth a fee	10721
of two dollars, and for each copy of a death record a fee of two	10722
dollars,. Until October 1, 2001, the fee shall be two dollars. On	10723
and after October 1, 2001, the fee shall be three dollars. The	10724
fee is in addition to the fee imposed by section 3705.24 or any	10725
other section of the Revised Code. A local commissioner of health	10726
or a local registrar of vital statistics may retain an amount of	10727
each additional fee collected, not to exceed three per cent of the	10728
amount of the additional fee, to be used for costs directly	10729
related to the collection of the fee and the forwarding of the fee	10730
to the treasurer of state.	10731

(2) Upon the filing for a divorce decree under section	10732
3105.10 or a decree of dissolution under section 3105.65 of the	10733
Revised Code, a court of common pleas shall charge and collect a	10734
fee of ten dollars. Until October 1, 2001, the fee shall be ten	10735
dollars. On and after October 1, 2001, the fee shall be eleven	10736
dollars. The fee is in addition to any other court costs or fees.	10737
The county clerk of courts may retain an amount of each additional	10738
fee collected, not to exceed three per cent of the amount of the	10739
additional fee, to be used for costs directly related to the	10740
collection of the fee and the forwarding of the fee to the	10741
treasurer of state.	10742

(C) The additional fees collected, but not retained, under	10743
this section during each month shall be forwarded not later than	10744
the tenth day of the immediately following month to the treasurer	10745
of state, who shall deposit the fees in the state treasury to the	10746
credit of the children's trust fund, which is hereby created. A	10747
person or government entity that fails to forward the fees in a	10748
timely manner, as determined by the treasurer of state, shall	10749
forward to the treasurer of state, in addition to the fees, a	10750
penalty equal to ten per cent of the fees.	10751

The treasurer of state shall invest the moneys in the fund,	10752
and all earnings resulting from investment of the fund shall be	10753
credited to the fund, except that actual administrative costs	10754
incurred by the treasurer of state in administering the fund may	10755
be deducted from the earnings resulting from investments. The	10756
amount that may be deducted shall not exceed three per cent of the	10757
total amount of fees credited to the fund in each fiscal year,	10758
except that the children's trust fund board may approve an amount	10759
for actual administrative costs exceeding three per cent but not	10760
exceeding four per cent of such amount. The balance of the	10761
investment earnings shall be credited to the fund. Moneys	10762
credited to the fund shall be used only for the purposes described	10763
in sections 3109.13 to 3109.18 of the Revised Code.	10764

Sec. 3301.075.  The state board of education shall adopt	10765
rules governing the purchasing and leasing of data processing	10766
services and equipment for all local, exempted village, city, and	10767
joint vocational school districts and all educational service	10768
centers. Such rules shall include provisions for the	10769
establishment of an Ohio education computer network under	10770
procedures, guidelines, and specifications of the department of	10771
education.	10772

The department shall administer funds appropriated for the	10773
Ohio education computer network to ensure its efficient and	10774
economical operation and shall approve no more than twenty-seven	10775
data acquisition sites to operate concurrently. Such sites shall	10776
be approved for funding in accordance with rules of the state	10777
board adopted under this section that shall provide for the	10778
superintendent of public instruction to require the membership of	10779
each data acquisition site to be composed of combinations of	10780
school districts and educational service centers from contiguous	10781
counties having sufficient students to support an efficient,	10782
economical comprehensive program of computer services to member	10783
districts and educational service centers. Each data acquisition	10784
site, other than sites organized under Chapter 167. of the Revised	10785
Code prior to the effective date of this section, shall be	10786
organized in accordance with section 3313.92 or Chapter 167. of	10787
the Revised Code.	10788

The department of education may contract with an independent	10789
for profit or nonprofit entity to provide current and historical	10790
information on Ohio government through the Ohio education computer	10791
network to school district libraries operating in accordance with	10792
section 3375.14 of the Revised Code in order to assist school	10793
teachers in social studies course instruction and support student	10794
research projects. Any such contract shall be awarded in	10795
accordance with Chapter 125. of the Revised Code.	10796

Sec. 3301.70.  (A) The state board of education is the	10797
designated state agency responsible for the coordination and	10798
administration of sections 110 to 118 of the "National and	10799
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	10800
12401 to 12431, and amendments thereto as amended. With the	10801
assistance of the state Ohio community service advisory committee	10802
council created in section 121.40 of the Revised Code, the state	10803
board shall coordinate with other state agencies to apply for	10804
funding under the act when appropriate.	10805

(B) With the assistance of the state Ohio community service	10806
advisory committee council, the state board of education shall	10807
develop a plan to assist school districts in the implementation of	10808
section 3313.605 of the Revised Code and other community service	10809
activities of school districts. The state board shall encourage	10810
the development of school district programs meeting the	10811
requirements for funding under the "National and Community Service	10812
Act of 1990." The plan shall include the investigation of funding	10813
from all available sources for school community service education	10814
programs, including funds available under the "National and	10815
Community Service Act of 1990," and the provision of technical	10816
assistance to school districts for the implementation of community	10817
service education programs. The plan shall also provide for	10818
technical assistance to be given to school boards to assist in	10819
obtaining funds for community service education programs from any	10820
source.	10821

(C) With the assistance of the state Ohio community service	10822
advisory committee council, the state board of education shall do	10823
all of the following:	10824

(1) Disseminate information about school district community	10825
service education programs to other school districts and to	10826
statewide organizations involved with or promoting volunteerism;	10827

(2) Recruit additional school districts to develop community	10828
service education programs;	10829

(3) Identify or develop model community service programs,	10830
teacher training courses, and community service curricula and	10831
teaching materials for possible use by school districts in their	10832
programs.	10833

Sec. 3301.80.  (A) There is hereby created the Ohio	10834
SchoolNet commission as an independent agency. The commission	10835
shall administer programs to provide financial and other	10836
assistance to school districts and other educational institutions	10837
for the acquisition and utilization of educational technology.	10838

The commission is a body corporate and politic, an agency of	10839
the state performing essential governmental functions of the	10840
state.	10841

(B)(1) The commission shall consist of eleven members, seven	10842
of whom are voting members. Of the voting members, one shall be	10843
appointed by the speaker of the house of representatives and one	10844
shall be appointed by the president of the senate. The members	10845
appointed by the speaker of the house and the president of the	10846
senate shall not be members of the general assembly. The state	10847
superintendent of public instruction or a designee of the	10848
superintendent, the director of budget and management or a	10849
designee of the director, the director of administrative services	10850
or a designee of the director, the chairperson of the public	10851
utilities commission or a designee of the chairperson, and the	10852
director of the Ohio educational telecommunications network	10853
commission or a designee of the director shall serve on the	10854
commission as ex officio voting members. Of the nonvoting	10855
members, two shall be members of the house of representatives	10856
appointed by the speaker of the house and two shall be members of	10857
the senate appointed by the president of the senate. The members	10858
appointed from each house shall not be members of the same	10859
political party. The superintendent of public instruction or the	10860
superintendent's designee shall be the chairperson of the	10861
commission.	10862

(2) The members shall serve without compensation. The	10863
voting members appointed by the speaker of the house of	10864
representatives and the president of the senate shall be	10865
reimbursed, pursuant to office of budget and management	10866
guidelines, for necessary expenses incurred in the performance of	10867
official duties.	10868

(3) The terms of office for the members appointed by the	10869
speaker of the house and the president of the senate shall be for	10870
two years, with each term ending on the same day of the same month	10871
as did the term that it succeeds. The members appointed by the	10872
speaker of the house and the president of the senate may be	10873
reappointed. Any member appointed from the house of	10874
representatives or senate who ceases to be a member of the	10875
legislative house from which the member was appointed shall cease	10876
to be a member of the commission. Vacancies among appointed	10877
members shall be filled in the manner provided for original	10878
appointments. Any member appointed to fill a vacancy occurring	10879
prior to the expiration date of the term for which a predecessor	10880
was appointed shall hold office as a member for the remainder of	10881
that term. The members appointed by the speaker of the house and	10882
the president of the senate shall continue in office subsequent to	10883
the expiration date of that member's term until a successor takes	10884
office or until a period of sixty days has elapsed, whichever	10885
occurs first.	10886

(C)(1) The commission shall be under the supervision of an	10887
executive director who shall be appointed by the commission. The	10888
executive director shall serve at the pleasure of the commission	10889
and shall direct commission employees in the administration of all	10890
programs for the provision of financial and other assistance to	10891
school districts and other educational institutions for the	10892
acquisition and utilization of educational technology.	10893

(2) The employees of the Ohio SchoolNet commission shall be	10894
placed in the unclassified service. The commission shall fix the	10895
compensation of the executive director. The executive director	10896
shall employ and fix the compensation for such employees as	10897
necessary to facilitate the activities and purposes of the	10898
commission. The employees shall serve at the pleasure of the	10899
executive director.	10900

(3) The employees of the Ohio SchoolNet commission shall be	10901
exempt from Chapter 4117. of the Revised Code and shall not be	10902
public employees as defined in section 4117.01 of the Revised	10903
Code.	10904

(D) The Ohio SchoolNet commission shall do all of the	10905
following:	10906

(1) Make grants to institutions and other organizations as	10907
prescribed by the general assembly for the provision of technical	10908
assistance, professional development, and other support services	10909
to enable school districts, community schools established under	10910
Chapter 3314. of the Revised Code, and other educational	10911
institutions to utilize educational technology;	10912

(2) Contract with the department of education, state	10913
institutions of higher education, private nonprofit institutions	10914
of higher education holding certificates of authorization under	10915
section 1713.02 of the Revised Code, and such other public or	10916
private entities as the executive director deems necessary for the	10917
administration and implementation of the programs under the	10918
commission's jurisdiction;	10919

(3) Establish a reporting system to which school districts,	10920
community schools established under Chapter 3314. of the Revised	10921
Code, and other educational institutions receiving financial	10922
assistance pursuant to this section for the acquisition of	10923
educational technology report information as to the manner in	10924
which such assistance was expended, the manner in which the	10925
equipment or services purchased with the assistance is being	10926
utilized, the results or outcome of this utilization, and other	10927
information as may be required by the commission;	10928

(4) Establish necessary guidelines governing purchasing and	10929
procurement by participants in programs administered by the	10930
commission that facilitate the timely and effective implementation	10931
of such programs;	10932

(5) Take into consideration the efficiency and cost savings	10933
of statewide procurement prior to allocating and releasing funds	10934
for any programs under its administration.	10935

(E)(1) The executive director shall implement policies and	10936
directives issued by the Ohio SchoolNet commission.	10937

(2) The Ohio SchoolNet commission may establish a systems	10938
support network to facilitate the timely implementation of the	10939
programs, projects, or activities for which it provides	10940
assistance.	10941

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	10942
9.332, and 9.333 of the Revised Code do not apply to contracts,	10943
programs, projects, or activities of the Ohio SchoolNet	10944
commission.	10945

Sec. 3302.041. (A) Each school district that in 1999 was	10946
declared to be in a state of academic emergency, under an academic	10947
watch, or in need of continuous improvement under section 3302.03	10948
of the Revised Code and that is projected to receive any parity	10949
aid payments under section 3317.0217 of the Revised Code for	10950
either of the two fiscal years beginning July 1, 2001, or July 1,	10951
2002, shall amend its continuous improvement plan required under	10952
section 3302.04 of the Revised Code to include a budget for	10953
expending the parity aid for either of those two fiscal years that	10954
the district is projected to receive such aid. For each year	10955
included in the budget, the district shall allocate the full	10956
amount of projected parity aid among one or more of the following:	10957

(1) Upgrading, or purchasing additional classroom equipment,	10958
materials, textbooks, or technology;	10959

(2) Lowering the teacher/student ratios in additional	10960
classrooms;	10961

(3) Providing additional advanced curriculum opportunities;

10962

(4) Providing additional electives or required courses for	10963
graduation;	10964

(5) Increasing the number of days of professional	10965
development;	10966

(6) Providing all-day kindergarten to more students;

10967

(7) Providing preschool to more students;

10968

(8) Providing additional programming and services for	10969
special student populations such as gifted, disadvantaged, or	10970
disabled students;	10971

(9) Providing new programs or increasing the number of	10972
students served by existing programs to prevent academic failure	10973
or to intervene in the case of students in danger of academic	10974
failure, such as tutoring or summer school programs.	10975

(B) For each expenditure of parity aid allocated in the	10976
budget under division (A) of this section, the district's amended	10977
continuous improvement plan shall describe:	10978

(1) How the expenditure will result in new programs or	10979
opportunities, or an expanded availability of programs or	10980
opportunities to more students, and will not simply fund existing	10981
programs with parity aid instead of general revenue fund moneys or	10982
other district income.	10983

(2) How the proposed expenditure is expected to enhance the	10984
district's continuous improvement plan, improve the district's	10985
academic success, and promote the district's achievement of the	10986
standard unit of improvement required by the department of	10987
education under rules adopted pursuant to section 3302.04 of the	10988
Revised Code.	10989

(C) A copy of each amended continuous improvement plan	10990
required to contain a budget under this section shall be submitted	10991
to the department by September 1, 2001. The department shall	10992
randomly divide all school districts required to comply with this	10993
section into two groups and, beginning July 1, 2002, shall assess	10994
one half of the districts in each of fiscal years 2003 and 2004 to	10995
determine whether the district did in fact make the expenditures	10996
included in its proposed parity aid budget during the preceding	10997
fiscal year.	10998

(D) If in either year, the department finds that a district	10999
did not spend its preceding year's parity aid funds in the manner	11000
specified in the budget for that year, it shall notify the state	11001
board of education of its findings and shall subtract the amount	11002
of any parity aid funds not spent in the manner specified in the	11003
budget from any parity aid otherwise due to the district under	11004
section 3317.0217 of the Revised Code in the current fiscal	11005
year. If payments are reduced to any district under this division,	11006
the department shall continue to assess the expenditures of such	11007
district in each ensuing year and shall continue to make	11008
deductions in accordance with this section until such year as the	11009
district is found to be in compliance with this section.	11010

(E) Whenever the department reexamines the status of school	11011
districts under division (A) of section 3302.03 of the Revised	11012
Code, it shall require all districts expected to receive parity	11013
aid payments and determined either to need continuous improvement,	11014
be under an academic watch, or be in a state of academic emergency	11015
to submit their three-year continuous improvement plans to the	11016
department and to include as an integral part of such plans,	11017
budgets meeting the requirements of divisions (A) and (B) of this	11018
section. The department shall annually assess one third of all	11019
such districts and withhold parity aid payments from noncomplying	11020
districts in the same manner as required under divisions (C) and	11021
(D) of this section.	11022

(F) At any time, for good cause and with the approval of the	11023
department, a school district may amend a budget adopted under	11024
this section. Any such amendment, however, shall provide that any	11025
parity aid payments the district proposes not to spend on one of	11026
the items listed in division (A) of this section are instead	11027
reallocated to other items listed in such division.	11028

(G) The department may authorize a school district to spend	11029
parity aid payments for a purpose not listed in division (A) of	11030
this section if the district provides clear and convincing	11031
evidence that the payments are needed for emergency purposes	11032
directly related to eliminating risks to the health and safety of	11033
the students.	11034

Sec. 3303.01. Except when utilized in Chapter 3311. of the	11035
Revised Code, whenever the term vocational education occurs	11036
anywhere in the Revised Code, it shall be deemed to refer to	11037
career-technical education, except that joint vocational school	11038
districts shall continue to be styled as and shall maintain their	11039
legal existence as either joint vocational school districts or	11040
vocational school districts pursuant to section 3311.01.	11041

Sec. 3305.061. Notwithstanding section 171.07 and division	11042
(D) of section 3305.06 of the Revised Code, the percentage of an	11043
electing employee's compensation contributed by a public	11044
institution of higher education under division (D) of section	11045
3305.06 of the Revised Code shall not exceed the percentage of	11046
compensation transferred under section 145.87, 3307.84, or 3309.88	11047
of the Revised Code, as appropriate, by the state retirement	11048
system that otherwise applies to the electing employee's position.	11049
A change in the percentage of compensation contributed under	11050
division (D) of section 3305.06 of the Revised Code, as required	11051
by this section, shall take effect on the same day a change in the	11052
percentage of compensation takes effect under section 145.87,	11053
3307.84, or 3309.88 of the Revised Code, as appropriate.	11054

Sec. 3311.057.  (A) Any educational service center that is	11055
formed by merging two or more educational service centers or	11056
former county school districts after July 1, 1995, but prior to	11057
July 1, 1999 2003, may determine the number of members of its	11058
governing board of education and whether the members are to be	11059
elected at large or by subdistrict, provided each board shall have	11060
an odd number of members.	11061

(B) If an educational service center described in division	11062
(A) of this section is formed on or after the effective date of	11063
this section, the governing board of education of each service	11064
center that is merging to form the new service center shall	11065
include identical provisions for electing the new service center's	11066
governing board in its resolution adopted pursuant to division (A)	11067
of section 3311.053 of the Revised Code. If there is any	11068
transition period between the effective date of the merger of the	11069
service centers and the assumption of control of the new service	11070
center by the new board, the resolutions shall include provisions	11071
for an interim governing board which shall be appointed to govern	11072
the service center until the time the new board is elected and	11073
assumes control of the service center.	11074

(C) If an educational service center described in division	11075
(A) of this section was formed prior to the effective date of this	11076
section, the governing board of the service center may adopt at	11077
any time prior to July 1, 1999 2003, a resolution setting forth	11078
provisions for changing the number of members and the manner of	11079
electing its board and provisions for any transitional period	11080
between the abolition of the existing board and the assumption of	11081
control by the new board.	11082

(D) Any provisions for electing a governing board adopted	11083
pursuant to division (B) or (C) of this section may provide for	11084
the election of members at large, may provide for the	11085
establishment of subdistricts within the district, or may require	11086
some members to be elected at large and some to be elected from	11087
subdistricts. If subdistricts are included, the resolutions shall	11088
specify the manner in which their boundaries are to be drawn. The	11089
provisions shall attempt to ensure that each elected member of the	11090
board represents an equal number of residents of the service	11091
center. To accomplish this, any subdistrict containing a multiple	11092
of the number of electors in another subdistrict, may elect	11093
at-large within that subdistrict, a number of board members equal	11094
to the multiple that its population is of the population of the	11095
other subdistrict.	11096

(E) The provisions for selecting board members set forth in	11097
the latest resolution adopted pursuant to division (B) or (C) of	11098
this section prior to July 1, 1999 2003, shall remain the method	11099
of electing school board members within that educational service	11100
center.	11101

Sec. 3311.058. Notwithstanding anything to the contrary in	11102
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,	11103
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter	11104
3311. of the Revised Code, no educational service center shall be	11105
required to merge in order to achieve any prescribed minimum	11106
average daily membership if such a merger will cause the territory	11107
of the resultant joint educational service center to comprise more	11108
than eight hundred square miles.	11109

Sec. 3313.37.  (A)(1) The board of education of any city,	11110
local, or exempted village school district may build, enlarge,	11111
repair, and furnish the necessary schoolhouses, purchase or lease	11112
sites therefor, or rights-of-way thereto, or purchase or lease	11113
real estate to be used as playgrounds for children or rent	11114
suitable schoolrooms, either within or without the district, and	11115
provide the necessary apparatus and make all other necessary	11116
provisions for the schools under its control. The governing board	11117
of any educational service center may build, enlarge, repair, and	11118
furnish the necessary facilities for conducting special education	11119
programs and driver education courses, purchase or lease sites	11120
therefor, or rights-of-way thereto, or purchase or lease real	11121
estate or rent suitable facilities to be used for such purposes	11122
and provide the necessary apparatus and make all other necessary	11123
provisions for such facilities as are under its control.	11124

(2) A governing board of an educational service center may	11125
acquire, lease, or enter into a contract to purchase, lease, or	11126
sell real and personal property and may construct, enlarge,	11127
repair, renovate, furnish, or equip facilities, buildings, or	11128
structures for the educational service center's purposes. The	11129
board may enter into loan agreements, including mortgages, for the	11130
acquisition of such property. If a governing board exercises any	11131
of these powers to acquire office or classroom space, the board of	11132
county commissioners has no obligation to provide and equip	11133
offices and to provide heat, light, water, and janitorial services	11134
for the use of the service center pursuant to section 3319.19 of	11135
the Revised Code, unless there is a contract as provided by	11136
division (D) of that section.	11137

(3) A board of county commissioners may issue securities of	11138
the county pursuant to Chapter 133. of the Revised Code for the	11139
acquisition of real and personal property or for the construction,	11140
enlargement, repair, or renovation of facilities, buildings, or	11141
structures by an educational service center, but only if the	11142
county has a contract under division (D) of section 3319.19 of the	11143
Revised Code with the educational service center whereby the	11144
educational service center agrees to pay the county an amount	11145
equal to the debt charges on the issued securities on or before	11146
the date those charges fall due. For the purposes of this	11147
section, "debt charges" and "securities" have the same meanings as	11148
in section 133.01 of the Revised Code.	11149

(B)(1) Boards of education of city, local, and exempted	11150
village school districts may acquire land by gift or devise, by	11151
purchase, or by appropriation. Lands purchased may be purchased	11152
for cash, by installment payments, with or without a mortgage, by	11153
entering into lease-purchase agreements, or by lease with an	11154
option to purchase, provided that if the purchase price is to be	11155
paid over a period of time, such payments shall not extend for a	11156
period of more than five years. A special tax levy may be	11157
authorized by the voters of the school district in accordance with	11158
section 5705.21 of the Revised Code to provide a special fund to	11159
meet the future time payments.	11160

(2) For the purposes of section 5705.21 of the Revised Code,	11161
acquisition of land under the provisions of this division shall be	11162
considered a necessary requirement of the school district.	11163

(3) Boards of education of city, local, and exempted village	11164
school districts may acquire federal land at a discount by a	11165
lease-purchase agreement for use as a site for the construction of	11166
educational facilities or for other related purposes. External	11167
administrative and other costs pertaining to the acquisition of	11168
federal land at a discount may be paid from funds available to the	11169
school district for operating purposes. Such boards of education	11170
may also acquire federal land by lease-purchase agreements, by	11171
negotiation, or otherwise.	11172

(4) As used in this division:

11173

(a) "Office equipment" includes but is not limited to	11174
typewriters, copying and duplicating equipment, and computer and	11175
data processing equipment.	11176

(b) "Software for instructional purposes" includes computer	11177
programs usable for computer assisted instruction, computer	11178
managed instruction, drill and practice, and problem simulations.	11179

A board of education or governing board of an educational	11180
service center may acquire the necessary office equipment, and	11181
computer hardware and software for instructional purposes, for the	11182
schools under its control by purchase, by lease, by installment	11183
payments, by entering into lease-purchase agreements, or by lease	11184
with an option to purchase. In the case of a city, exempted	11185
village, or local school district, if the purchase price is to be	11186
paid over a period of time, the contract setting forth the terms	11187
of such purchase shall be considered a continuing contract	11188
pursuant to section 5705.41 of the Revised Code. Payments shall	11189
not extend for a period of more than five years. Costs relating	11190
to the acquisition of necessary apparatus may be paid from funds	11191
available to the school district or educational service center for	11192
operating purposes.	11193

(5) A board of education or governing board of an	11194
educational service center may acquire the necessary equipment for	11195
the maintenance or physical upkeep of facilities and land under	11196
its control by entering into lease-purchase agreements. If	11197
payments under the lease-purchase agreement are to be made over a	11198
period of time, the agreement shall be considered a continuing	11199
contract pursuant to section 5705.41 of the Revised Code, and such	11200
payments shall not extend for a period of more than five years.	11201

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	11202
and (F), and (G) of this section, when a board of education	11203
decides to dispose of real or personal property that it owns in	11204
its corporate capacity, and that exceeds in value ten thousand	11205
dollars, it shall sell the property at public auction, after	11206
giving at least thirty days' notice of the auction by publication	11207
in a newspaper of general circulation or by posting notices in	11208
five of the most public places in the school district in which the	11209
property, if it is real property, is situated, or, if it is	11210
personal property, in the school district of the board of	11211
education that owns the property. The board may offer real	11212
property for sale as an entire tract or in parcels.	11213

(B) When the board of education has offered real or personal	11214
property for sale at public auction at least once pursuant to	11215
division (A) of this section, and the property has not been sold,	11216
the board may sell it at a private sale. Regardless of how it was	11217
offered at public auction, at a private sale, the board shall, as	11218
it considers best, sell real property as an entire tract or in	11219
parcels, and personal property in a single lot or in several lots.	11220

(C) If a board of education decides to dispose of real or	11221
personal property that it owns in its corporate capacity and that	11222
exceeds in value ten thousand dollars, it may sell the property to	11223
the adjutant general; to any subdivision or taxing authority as	11224
respectively defined in divisions (A) and (C) of section 5705.01	11225
of the Revised Code, township park district, board of park	11226
commissioners established under Chapter 755. of the Revised Code,	11227
or park district established under Chapter 1545. of the Revised	11228
Code; to a wholly or partially tax-supported university,	11229
university branch, or college; or to the board of trustees of a	11230
school district library, upon such terms as are agreed upon. The	11231
sale of real or personal property to the board of trustees of a	11232
school district library is limited, in the case of real property,	11233
to a school district library within whose boundaries the real	11234
property is situated, or, in the case of personal property, to a	11235
school district library whose boundaries lie in whole or in part	11236
within the school district of the selling board of education.	11237

(D) When a board of education decides to trade as a part or	11238
an entire consideration, an item of personal property on the	11239
purchase price of an item of similar personal property, it may	11240
trade the same upon such terms as are agreed upon by the parties	11241
to the trade.	11242

(E) The president and the treasurer of the board of	11243
education shall execute and deliver deeds or other necessary	11244
instruments of conveyance to complete any sale or trade under this	11245
section.	11246

(F) When a board of education has identified a parcel of	11247
real property that it determines is needed for school purposes,	11248
the board may, upon a majority vote of the members of the board,	11249
acquire that property by exchanging real property that the board	11250
owns in its corporate capacity for the identified real property or	11251
by using real property that the board owns in its corporate	11252
capacity as part or an entire consideration for the purchase price	11253
of the identified real property. Any exchange or acquisition made	11254
pursuant to this division shall be made by a conveyance executed	11255
by the president and the treasurer of the board.	11256

(G) When a school district board of education decides to	11257
dispose of real property suitable for use as classroom space,	11258
prior to disposing of such property under division (A) through (F)	11259
of this section, it shall first offer that property for sale to	11260
the governing authorities of the start-up community schools,	11261
established under Chapter 3314. of the Revised Code and located	11262
within the territory of the school district, at a price that is	11263
not higher than the appraised fair market value of that property.	11264
If more than one community school governing authority accepts the	11265
offer made by the school district board, the board shall sell the	11266
property to the governing authority that accepted the offer first	11267
in time. If no community school governing authority accepts the	11268
offer within sixty days after the offer is made by the school	11269
district board, the board may dispose of the property in the	11270
applicable manner prescribed under divisions (A) to (F) of this	11271
section.	11272

Sec. 3313.603.  (A) As used in this section:

11273

(1) "One unit" means a minimum of one hundred twenty hours	11274
of course instruction, except that for a laboratory course, "one	11275
unit" means a minimum of one hundred fifty hours of course	11276
instruction.	11277

(2) "One-half unit" means a minimum of sixty hours of course	11278
instruction, except that for physical education courses, "one-half	11279
unit" means a minimum of one hundred twenty hours of course	11280
instruction.	11281

(B) Beginning September 15, 2001, the requirements for	11282
graduation from every high school shall include twenty-one twenty	11283
units earned in grades nine through twelve and shall be	11284
distributed as follows:	11285

(1) English language arts, four units;

11286

(2) Health, one-half unit;

11287

(3) Mathematics, three units;

11288

(4) Physical education, one-half unit;

11289

(5) Science, two units until September 15, 2003, and three	11290
units thereafter, which at all times shall include both of the	11291
following:	11292

(a) Biological sciences, one unit;

11293

(b) Physical sciences, one unit.

11294

(6) Social studies, three units, which shall include both of	11295
the following:	11296

(a) American history, one-half unit;

11297

(b) American government, one-half unit.

11298

(7) Elective units, eight seven units until September 15,	11299
2003, and seven six units thereafter.	11300

Each student's electives shall include at least one unit, or	11301
two half units, chosen from among the areas of	11302
business/technology, fine arts, and/or foreign language.	11303

(C) Every high school may permit students below the ninth	11304
grade to take advanced work for credit. A high school shall count	11305
such advanced work toward the graduation requirements of division	11306
(B) of this section if the advanced work was both:	11307

(1) Taught by a person who possesses a license or	11308
certificate issued under section 3301.071, 3319.22, or 3319.222 of	11309
the Revised Code that is valid for teaching high school;	11310

(2) Designated by the board of education of the city, local,	11311
or exempted village school district, the board of the cooperative	11312
education school district, or the governing authority of the	11313
chartered nonpublic school as meeting the high school curriculum	11314
requirements.	11315

(D) Units earned in English language arts, mathematics,	11316
science, and social studies that are delivered through integrated	11317
academic and technical instruction are eligible to meet the	11318
graduation requirements of division (B) of this section.	11319

Sec. 3313.608.  (A) Beginning with students who enter fourth	11320
grade in the school year that starts July 1, 2001, no city,	11321
exempted village, or local school district shall promote to fifth	11322
grade any student who fails to attain the score designated under	11323
division (A)(1) of section 3301.0710 of the Revised Code on the	11324
test prescribed under that division to measure skill in reading,	11325
unless either of the following applies:	11326

(1) The pupil was excused from taking the test under	11327
division (C)(1) of section 3301.0711 of the Revised Code;	11328

(2) The pupil's principal and reading teacher agree that the	11329
pupil is academically prepared, as determined pursuant to the	11330
district policy adopted under section 3313.609 of the Revised	11331
Code, to be promoted to fifth grade.	11332

(B)(1) To assist students in meeting this fourth grade	11333
guarantee established by this section, each city, exempted	11334
village, and local school district shall adopt policies and	11335
procedures with which it shall, beginning in the school year that	11336
starts July 1, 1998, annually assess the reading skills of each	11337
student at the end of kindergarten, first, second, and third grade	11338
and identify students who are reading below their grade level. The	11339

(2) The policy and procedures shall require the students'	11340
classroom teachers to be involved in the assessment and the	11341
identification of students reading below grade level. The	11342
district shall notify the parent or guardian of each student whose	11343
reading skills are below grade level and, in accordance with	11344
division (C) of this section, provide intervention services to	11345
each student reading below grade level.	11346

(2) For each student identified as reading below grade level	11347
at the end of third grade, the district shall offer intense	11348
remediation services during the summer following third grade.	11349

(3) For each student entering fourth grade after July 1,	11350
2001, who does not attain by the end of the fourth grade the score	11351
designated under division (A)(1) of section 3301.0710 of the	11352
Revised Code on the test prescribed under that division to measure	11353
skill in reading, the district also shall offer intense	11354
remediation intervention services, and another opportunity to take	11355
that test, during the summer following fourth grade.	11356

(C) For each student required to be offered remediation	11357
intervention services under this section, the district shall	11358
involve the student's parent or guardian and classroom teacher in	11359
developing the intervention strategy, and shall offer to the	11360
parent or guardian the opportunity to be involved in the	11361
intervention services.	11362

(D) Beginning in the summer of 1999, in addition to the	11363
remediation intervention requirements of divisions (B) and (C) of	11364
this section, every city, exempted village, or local school	11365
district shall offer intervention services during the summer	11366
remediation and, if needed, during the following school year to	11367
any student who has failed to attain the designated scores on	11368
three or more of the five tests described by division (A)(1) or	11369
(2) of section 3301.0710 of the Revised Code.	11370

(E) Any summer remediation intervention services funded in	11371
whole or in part by the state and offered by school districts to	11372
students under this section shall meet the following conditions:	11373

(1) The remediation intervention methods are based on	11374
reliable educational research.	11375

(2) The school districts conduct testing before and after	11376
assess students participate in the program to facilitate	11377
monitoring results of the remediation who receive the intervention	11378
services.	11379

(3) The parents of participating students are involved in	11380
programming decisions.	11381

(4) The services are conducted in a school building or	11382
community center and not on an at-home basis.	11383

Sec. 3313.64.  (A) As used in this section and in section	11384
3313.65 of the Revised Code:	11385

(1) "Parent" means either parent, unless the parents are	11386
separated or divorced or their marriage has been dissolved or	11387
annulled, in which case "parent" means the parent who is the	11388
residential parent and legal custodian of the child. When a child	11389
is in the legal custody of a government agency or a person other	11390
than the child's natural or adoptive parent, "parent" means the	11391
parent with residual parental rights, privileges, and	11392
responsibilities. When a child is in the permanent custody of a	11393
government agency or a person other than the child's natural or	11394
adoptive parent, "parent" means the parent who was divested of	11395
parental rights and responsibilities for the care of the child and	11396
the right to have the child live with the parent and be the legal	11397
custodian of the child and all residual parental rights,	11398
privileges, and responsibilities.	11399

(2) "Legal custody," "permanent custody," and "residual	11400
parental rights, privileges, and responsibilities" have the same	11401
meanings as in section 2151.011 of the Revised Code.	11402

(3) "School district" or "district" means a city, local, or	11403
exempted village school district and excludes any school operated	11404
in an institution maintained by the department of youth services.	11405

(4) Except as used in division (C)(2) of this section,	11406
"home" means a home, institution, foster home, group home, or	11407
other residential facility in this state that receives and cares	11408
for children, to which any of the following applies:	11409

(a) The home is licensed, certified, or approved for such	11410
purpose by the state or is maintained by the department of youth	11411
services.	11412

(b) The home is operated by a person who is licensed,	11413
certified, or approved by the state to operate the home for such	11414
purpose.	11415

(c) The home accepted the child through a placement by a	11416
person licensed, certified, or approved to place a child in such a	11417
home by the state.	11418

(d) The home is a children's home created under section	11419
5153.21 or 5153.36 of the Revised Code.	11420

(5) "Agency" means all of the following:

11421

(a) A public children services agency;

11422

(b) An organization that holds a certificate issued by the	11423
Ohio department of job and family services in accordance with the	11424
requirements of section 5103.03 of the Revised Code and assumes	11425
temporary or permanent custody of children through commitment,	11426
agreement, or surrender, and places children in family homes for	11427
the purpose of adoption;	11428

(c) Comparable agencies of other states or countries that	11429
have complied with applicable requirements of section 2151.39, or	11430
sections 5103.20 to 5103.28 of the Revised Code.	11431

(6) A child is placed for adoption if either of the	11432
following occurs:	11433

(a) An agency to which the child has been permanently	11434
committed or surrendered enters into an agreement with a person	11435
pursuant to section 5103.16 of the Revised Code for the care and	11436
adoption of the child.	11437

(b) The child's natural parent places the child pursuant to	11438
section 5103.16 of the Revised Code with a person who will care	11439
for and adopt the child.	11440

(7) "Handicapped preschool child" means a handicapped child,	11441
as defined by division (A) of section 3323.01 of the Revised Code,	11442
who is at least three years of age but is not of compulsory school	11443
age, as defined in section 3321.01 of the Revised Code, and who is	11444
not currently enrolled in kindergarten.	11445

(8) "Child," unless otherwise indicated, includes handicapped	11446
preschool children.	11447

(B) Except as otherwise provided in section 3321.01 of the	11448
Revised Code for admittance to kindergarten and first grade, a	11449
child who is at least five but under twenty-two years of age and	11450
any handicapped preschool child shall be admitted to school as	11451
provided in this division.	11452

(1) A child shall be admitted to the schools of the school	11453
district in which the child's parent resides.	11454

(2) A child who does not reside in the district where the	11455
child's parent resides shall be admitted to the schools of the	11456
district in which the child resides if any of the following	11457
applies:	11458

(a) The child is in the legal or permanent custody of a	11459
government agency or a person other than the child's natural or	11460
adoptive parent.	11461

(b) The child resides in a home.

11462

(c) The child requires special education.

11463

(3) A child who is not entitled under division (B)(2) of	11464
this section to be admitted to the schools of the district where	11465
the child resides and who is residing with a resident of this	11466
state with whom the child has been placed for adoption shall be	11467
admitted to the schools of the district where the child resides	11468
unless either of the following applies:	11469

(a) The placement for adoption has been terminated.

11470

(b) Another school district is required to admit the child	11471
under division (B)(1) of this section.	11472

Division (B) of this section does not prohibit the board of	11473
education of a school district from placing a handicapped child	11474
who resides in the district in a special education program outside	11475
of the district or its schools in compliance with Chapter 3323. of	11476
the Revised Code.	11477

(C) A district shall not charge tuition for children	11478
admitted under division (B)(1) or (3) of this section. If the	11479
district admits a child under division (B)(2) of this section,	11480
tuition shall be paid to the district that admits the child as	11481
follows:	11482

(1) If the child receives special education in accordance	11483
with Chapter 3323. of the Revised Code, tuition shall be paid in	11484
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	11485
the Revised Code regardless of who has custody of the child or	11486
whether the child resides in a home.	11487

(2) Except as otherwise provided in division (C)(2)(d) of	11488
this section, if the child is in the permanent or legal custody of	11489
a government agency or person other than the child's parent,	11490
tuition shall be paid by:	11491

(a) The district in which the child's parent resided at the	11492
time the court removed the child from home or at the time the	11493
court vested legal or permanent custody of the child in the person	11494
or government agency, whichever occurred first;	11495

(b) If the parent's residence at the time the court removed	11496
the child from home or placed the child in the legal or permanent	11497
custody of the person or government agency is unknown, tuition	11498
shall be paid by the district in which the child resided at the	11499
time the child was removed from home or placed in legal or	11500
permanent custody, whichever occurred first;	11501

(c) If a school district cannot be established under	11502
division (C)(2)(a) or (b) of this section, tuition shall be paid	11503
by the district determined as required by section 2151.357 of the	11504
Revised Code by the court at the time it vests custody of the	11505
child in the person or government agency;	11506

(d) If at the time the court removed the child from home or	11507
vested legal or permanent custody of the child in the person or	11508
government agency, whichever occurred first, one parent was in a	11509
residential or correctional facility or a juvenile residential	11510
placement and the other parent, if living and not in such a	11511
facility or placement, was not known to reside in this state,	11512
tuition shall be paid by the district determined under division	11513
(D) of section 3313.65 of the Revised Code as the district	11514
required to pay any tuition while the parent was in such facility	11515
or placement.	11516

(3) If the child is not in the permanent or legal custody of	11517
a government agency or person other than the child's parent and	11518
the child resides in a home, tuition shall be paid by one of the	11519
following:	11520

(a) The school district in which the child's parent resides;

11521

(b) If the child's parent is not a resident of this state,	11522
the home in which the child resides.	11523

(D) Tuition required to be paid under divisions (C)(2) and	11524
(3)(a) of this section shall be computed in accordance with	11525
section 3317.08 of the Revised Code. Tuition required to be paid	11526
under division (C)(3)(b) of this section shall be computed in	11527
accordance with section 3317.081 of the Revised Code. If a home	11528
fails to pay the tuition required by division (C)(3)(b) of this	11529
section, the board of education providing the education may	11530
recover in a civil action the tuition and the expenses incurred in	11531
prosecuting the action, including court costs and reasonable	11532
attorney's fees. If the prosecuting attorney or city director of	11533
law represents the board in such action, costs and reasonable	11534
attorney's fees awarded by the court, based upon the prosecuting	11535
attorney's, director's, or one of their designee's time spent	11536
preparing and presenting the case, shall be deposited in the	11537
county or city general fund.	11538

(E) A board of education may enroll a child free of any	11539
tuition obligation for a period not to exceed sixty days, on the	11540
sworn statement of an adult resident of the district that the	11541
resident has initiated legal proceedings for custody of the child.	11542

(F) In the case of any individual entitled to attend school	11543
under this division, no tuition shall be charged by the school	11544
district of attendance and no other school district shall be	11545
required to pay tuition for the individual's attendance.	11546
Notwithstanding division (B), (C), or (E) of this section:	11547

(1) All persons at least eighteen but under twenty-two years	11548
of age who live apart from their parents, support themselves by	11549
their own labor, and have not successfully completed the high	11550
school curriculum or the individualized education program	11551
developed for the person by the high school pursuant to section	11552
3323.08 of the Revised Code, are entitled to attend school in the	11553
district in which they reside.	11554

(2) Any child under eighteen years of age who is married is	11555
entitled to attend school in the child's district of residence.	11556

(3) A child is entitled to attend school in the district in	11557
which either of the child's parents is employed if the child has a	11558
medical condition that may require emergency medical attention.	11559
The parent of a child entitled to attend school under division	11560
(F)(3) of this section shall submit to the board of education of	11561
the district in which the parent is employed a statement from the	11562
child's physician certifying that the child's medical condition	11563
may require emergency medical attention. The statement shall be	11564
supported by such other evidence as the board may require.	11565

(4) Any child residing with a person other than the child's	11566
parent is entitled, for a period not to exceed twelve months, to	11567
attend school in the district in which that person resides if the	11568
child's parent files an affidavit with the superintendent of the	11569
district in which the person with whom the child is living resides	11570
stating all of the following:	11571

(a) That the parent is serving outside of the state in the	11572
armed services of the United States;	11573

(b) That the parent intends to reside in the district upon	11574
returning to this state;	11575

(c) The name and address of the person with whom the child	11576
is living while the parent is outside the state.	11577

(5) Any child under the age of twenty-two years who, after	11578
the death of a parent, resides in a school district other than the	11579
district in which the child attended school at the time of the	11580
parent's death is entitled to continue to attend school in the	11581
district in which the child attended school at the time of the	11582
parent's death for the remainder of the school year, subject to	11583
approval of that district board.	11584

(6) A child under the age of twenty-two years who resides	11585
with a parent who is having a new house built in a school district	11586
outside the district where the parent is residing is entitled to	11587
attend school for a period of time in the district where the new	11588
house is being built. In order to be entitled to such attendance,	11589
the parent shall provide the district superintendent with the	11590
following:	11591

(a) A sworn statement explaining the situation, revealing	11592
the location of the house being built, and stating the parent's	11593
intention to reside there upon its completion;	11594

(b) A statement from the builder confirming that a new house	11595
is being built for the parent and that the house is at the	11596
location indicated in the parent's statement.	11597

(7) A child under the age of twenty-two years residing with	11598
a parent who has a contract to purchase a house in a school	11599
district outside the district where the parent is residing and who	11600
is waiting upon the date of closing of the mortgage loan for the	11601
purchase of such house is entitled to attend school for a period	11602
of time in the district where the house is being purchased. In	11603
order to be entitled to such attendance, the parent shall provide	11604
the district superintendent with the following:	11605

(a) A sworn statement explaining the situation, revealing	11606
the location of the house being purchased, and stating the	11607
parent's intent to reside there;	11608

(b) A statement from a real estate broker or bank officer	11609
confirming that the parent has a contract to purchase the house,	11610
that the parent is waiting upon the date of closing of the	11611
mortgage loan, and that the house is at the location indicated in	11612
the parent's statement.	11613

The district superintendent shall establish a period of time	11614
not to exceed ninety days during which the child entitled to	11615
attend school under division (F)(6) or (7) of this section may	11616
attend without tuition obligation. A student attending a school	11617
under division (F)(6) or (7) of this section shall be eligible to	11618
participate in interscholastic athletics under the auspices of	11619
that school, provided the board of education of the school	11620
district where the student's parent resides, by a formal action,	11621
releases the student to participate in interscholastic athletics	11622
at the school where the student is attending, and provided the	11623
student receives any authorization required by a public agency or	11624
private organization of which the school district is a member	11625
exercising authority over interscholastic sports.	11626

(8) A child whose parent is a full-time employee of a city,	11627
local, or exempted village school district, or of an educational	11628
service center, may be admitted to the schools of the district	11629
where the child's parent is employed, or in the case of a child	11630
whose parent is employed by an educational service center, in the	11631
district that serves the location where the parent's job is	11632
primarily located, provided the district board of education	11633
establishes such an admission policy by resolution adopted by a	11634
majority of its members. Any such policy shall take effect on the	11635
first day of the school year and the effective date of any	11636
amendment or repeal may not be prior to the first day of the	11637
subsequent school year. The policy shall be uniformly applied to	11638
all such children and shall provide for the admission of any such	11639
child upon request of the parent. No child may be admitted under	11640
this policy after the first day of classes of any school year.	11641

(9) A child who is with the child's parent under the care of	11642
a shelter for victims of domestic violence, as defined in section	11643
3113.33 of the Revised Code, is entitled to attend school free in	11644
the district in which the child is with the child's parent, and no	11645
other school district shall be required to pay tuition for the	11646
child's attendance in that school district.	11647

The enrollment of a child in a school district under this	11648
division shall not be denied due to a delay in the school	11649
district's receipt of any records required under section 3313.672	11650
of the Revised Code or any other records required for enrollment.	11651
Any days of attendance and any credits earned by a child while	11652
enrolled in a school district under this division shall be	11653
transferred to and accepted by any school district in which the	11654
child subsequently enrolls. The state board of education shall	11655
adopt rules to ensure compliance with this division.	11656

(10) Any child under the age of twenty-two years whose	11657
parent has moved out of the school district after the commencement	11658
of classes in the child's senior year of high school is entitled,	11659
subject to the approval of that district board, to attend school	11660
in the district in which the child attended school at the time of	11661
the parental move for the remainder of the school year and for one	11662
additional semester or equivalent term. A district board may also	11663
adopt a policy specifying extenuating circumstances under which a	11664
student may continue to attend school under division (F)(10) of	11665
this section for an additional period of time in order to	11666
successfully complete the high school curriculum for the	11667
individualized education program developed for the student by the	11668
high school pursuant to section 3323.08 of the Revised Code.	11669

(11) As used in this division, "grandparent" means a parent	11670
of a parent of a child. A child under the age of twenty-two years	11671
who is in the custody of the child's parent, resides with a	11672
grandparent, and does not require special education is entitled to	11673
attend the schools of the district in which the child's	11674
grandparent resides, provided that, prior to such attendance in	11675
any school year, the board of education of the school district in	11676
which the child's grandparent resides and the board of education	11677
of the school district in which the child's parent resides enter	11678
into a written agreement specifying that good cause exists for	11679
such attendance, describing the nature of this good cause, and	11680
consenting to such attendance.	11681

In lieu of a consent form signed by a parent, a board of	11682
education may request the grandparent of a child attending school	11683
in the district in which the grandparent resides pursuant to	11684
division (F)(11) of this section to complete any consent form	11685
required by the district, including any authorization required by	11686
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	11687
Upon request, the grandparent shall complete any consent form	11688
required by the district. A school district shall not incur any	11689
liability solely because of its receipt of a consent form from a	11690
grandparent in lieu of a parent.	11691

Division (F)(11) of this section does not create, and shall	11692
not be construed as creating, a new cause of action or substantive	11693
legal right against a school district, a member of a board of	11694
education, or an employee of a school district. This section does	11695
not affect, and shall not be construed as affecting, any	11696
immunities from defenses to tort liability created or recognized	11697
by Chapter 2744. of the Revised Code for a school district,	11698
member, or employee.	11699

(12) A child under the age of twenty-two years is entitled	11700
to attend school in a school district other than the district in	11701
which the child is entitled to attend school under division (B),	11702
(C), or (E) of this section provided that, prior to such	11703
attendance in any school year, both of the following occur:	11704

(a) The superintendent of the district in which the child is	11705
entitled to attend school under division (B), (C), or (E) of this	11706
section contacts the superintendent of another district for	11707
purposes of this division;	11708

(b) The superintendents of both districts enter into a	11709
written agreement that consents to the attendance and specifies	11710
that the purpose of such attendance is to protect the student's	11711
physical or mental well-being or to deal with other extenuating	11712
circumstances deemed appropriate by the superintendents.	11713

While an agreement is in effect under this division for a	11714
student who is not receiving special education under Chapter 3323.	11715
of the Revised Code and notwithstanding Chapter 3327. of the	11716
Revised Code, the board of education of neither school district	11717
involved in the agreement is required to provide transportation	11718
for the student to and from the school where the student attends.	11719

A student attending a school of a district pursuant to this	11720
division shall be allowed to participate in all student	11721
activities, including interscholastic athletics, at the school	11722
where the student is attending on the same basis as any student	11723
who has always attended the schools of that district while of	11724
compulsory school age.	11725

(13) A child who is with the child's parent under the care	11726
of a shelter for homeless persons is entitled to attend school	11727
free in one of the following, as selected by the child's parent:	11728

(a) The child's school of origin, as defined in section 722	11729
of the "Stewart B. McKinney Homeless Assistance Act" (1994), 108	11730
Stat. 3957, 42 U.S.C.A 11432;	11731

(b) The school that is operated by the school district in	11732
which the shelter is located and that serves the geographic area	11733
in which the shelter is located.	11734

(G) A board of education, after approving admission, may	11735
waive tuition for students who will temporarily reside in the	11736
district and who are either of the following:	11737

(1) Residents or domiciliaries of a foreign nation who	11738
request admission as foreign exchange students;	11739

(2) Residents or domiciliaries of the United States but not	11740
of Ohio who request admission as participants in an exchange	11741
program operated by a student exchange organization.	11742

(H) Pursuant to sections 3311.211, 3313.90, 3319.01,	11743
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may	11744
attend school or participate in a special education program in a	11745
school district other than in the district where the child is	11746
entitled to attend school under division (B) of this section.	11747

(I) This division does not apply to a child receiving	11748
special education.	11749

A school district required to pay tuition pursuant to	11750
division (C)(2) or (3) of this section or section 3313.65 of the	11751
Revised Code shall have an amount deducted under division (F) of	11752
section 3317.023 of the Revised Code equal to its own tuition rate	11753
for the same period of attendance. A school district entitled to	11754
receive tuition pursuant to division (C)(2) or (3) of this section	11755
or section 3313.65 of the Revised Code shall have an amount	11756
credited under division (F) of section 3317.023 of the Revised	11757
Code equal to its own tuition rate for the same period of	11758
attendance. If the tuition rate credited to the district of	11759
attendance exceeds the rate deducted from the district required to	11760
pay tuition, the department of education shall pay the district of	11761
attendance the difference from amounts deducted from all	11762
districts' payments under division (F) of section 3317.023 of the	11763
Revised Code but not credited to other school districts under such	11764
division and from appropriations made for such purpose. The	11765
treasurer of each school district shall, by the fifteenth day of	11766
January and July, furnish the superintendent of public instruction	11767
a report of the names of each child who attended the district's	11768
schools under divisions (C)(2) and (3) of this section or section	11769
3313.65 of the Revised Code during the preceding six calendar	11770
months, the duration of the attendance of those children, the	11771
school district responsible for tuition on behalf of the child,	11772
and any other information that the superintendent requires.	11773

Upon receipt of the report the superintendent, pursuant to	11774
division (F) of section 3317.023 of the Revised Code, shall deduct	11775
each district's tuition obligations under divisions (C)(2) and (3)	11776
of this section or section 3313.65 of the Revised Code and pay to	11777
the district of attendance that amount plus any amount required to	11778
be paid by the state.	11779

(J) In the event of a disagreement, the superintendent of	11780
public instruction shall determine the school district in which	11781
the parent resides.	11782

(K) Nothing in this section requires or authorizes, or shall	11783
be construed to require or authorize, the admission to a public	11784
school in this state of a pupil who has been permanently excluded	11785
from public school attendance by the superintendent of public	11786
instruction pursuant to sections 3301.121 and 3313.662 of the	11787
Revised Code.	11788

Sec. 3314.07.  (A) The expiration of the contract for a	11789
community school between a sponsor and a school shall be the date	11790
provided in the contract. A successor contract may be entered	11791
into unless the contract is terminated or not renewed pursuant to	11792
this section.	11793

(B)(1) A sponsor may choose not to renew a contract at its	11794
expiration or may choose to terminate a contract prior to its	11795
expiration for any of the following reasons:	11796

(a) Failure to meet student performance requirements stated	11797
in the contract;	11798

(b) Failure to meet generally accepted standards of fiscal	11799
management;	11800

(c) Violation of any provision of the contract or applicable	11801
state or federal law;	11802

(d) Other good cause.

11803

A termination shall be effective only at the conclusion of a	11804
school year.	11805

(2) A sponsor may choose to terminate a contract prior to its	11806
expiration if the sponsor has suspended the operation of the	11807
contract under section 3314.072 of the Revised Code.	11808

(3) At least one hundred eighty ninety days prior to the	11809
termination or nonrenewal of a contract, the sponsor shall notify	11810
the school of the proposed action in writing. The notice shall	11811
include the reasons for the proposed action in detail, the	11812
effective date of the termination or nonrenewal, and a statement	11813
that the school may, within fourteen days of receiving the notice,	11814
request an informal hearing before the sponsor. Such request must	11815
be in writing. The informal hearing shall be held within seventy	11816
days of the receipt of a request for the hearing. Promptly	11817
following the informal hearing, the sponsor shall issue a written	11818
decision either affirming or rescinding the decision to terminate	11819
or not renew the contract.	11820

(3)(4) A decision by the sponsor to terminate a contract may	11821
be appealed to the state board of education. The decision by the	11822
state board pertaining to an appeal under this division is final.	11823
If the sponsor is the state board, its decision to terminate a	11824
contract under division (B)(4) of this section shall be final.	11825

(5) The termination of a contract under this section shall	11826
be effective upon the occurrence of the later of the following	11827
events:	11828

(a) Ninety days following the date the sponsor notifies the	11829
school of its decision to terminate the contract as prescribed in	11830
division (B)(3) of this section;	11831

(b) If an informal hearing is requested under division	11832
(B)(3) of this section and as a result of that hearing the sponsor	11833
affirms its decision to terminate the contract, the effective date	11834
of the termination specified in the notice issued under division	11835
(B)(3) of this section, or if that decision is appealed to the	11836
state board under division (B)(4) of this section and the state	11837
board affirms that decision, the date established in the	11838
resolution of the state board affirming the sponsor's decision.	11839

(C) A child attending a community school whose contract has	11840
been terminated or, nonrenewed, or suspended or that closes for	11841
any reason shall be admitted to the schools of the district in	11842
which the child is entitled to attend under section 3313.64 or	11843
3313.65 of the Revised Code. Any deadlines established for the	11844
purpose of admitting students under section 3313.97 or 3313.98	11845
shall be waived for students to whom this division pertains.	11846

(D) A sponsor of a community school and the officers,	11847
directors, or employees of such a sponsor are not liable in	11848
damages in a tort or other civil action for harm allegedly arising	11849
from either of the following:	11850

(1) A failure of the community school or any of its	11851
officers, directors, or employees to perform any statutory or	11852
common law duty or responsibility or any other legal obligation;	11853

(2) An action or omission of the community school or any of	11854
its officers, directors, or employees that results in harm.	11855

(E) As used in this section:

11856

(1) "Harm" means injury, death, or loss to person or	11857
property.	11858

(2) "Tort action" means a civil action for damages for	11859
injury, death, or loss to person or property other than a civil	11860
action for damages for a breach of contract or another agreement	11861
between persons.	11862

Sec. 3314.072. The provisions of this section are enacted to	11863
promote the public health, safety, and welfare by establishing	11864
procedures under which the governing authorities of community	11865
schools established under this chapter will be held accountable	11866
for their compliance with the terms of the contracts they enter	11867
into with their school's sponsors and the law relating to the	11868
school's operation. Suspension of the operation of a school	11869
imposed under this section is intended to encourage the governing	11870
authority's compliance with the terms of the school's contract and	11871
the law and is not intended to be an alteration of the terms of	11872
that contract.	11873

(A) If a sponsor of a community school established under	11874
this chapter suspends the operation of that school pursuant to	11875
procedures set forth in this section, the governing authority	11876
shall not operate that school while the suspension is in effect.	11877
Any such suspension shall remain in effect until the sponsor	11878
notifies the governing authority that it is no longer in effect.	11879
The contract of a school of which operation is suspended under	11880
this section also may be subject to termination or nonrenewal	11881
under section 3314.07 of the Revised Code.	11882

(B) If at any time the sponsor of a community school	11883
established under this chapter determines that conditions at the	11884
school do not comply with a health and safety standard established	11885
by law for school buildings, the sponsor shall immediately suspend	11886
the operation of the school pursuant to procedures set forth in	11887
division (D) of this section.	11888

(C)(1) For any of the reasons prescribed in division	11889
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	11890
sponsor of a community school established under this chapter may	11891
suspend the operation of the school only if it first issues to the	11892
governing authority notice of the sponsor's intent to suspend the	11893
operation of the contract. Such notice shall explain the reasons	11894
for the sponsor's intent to suspend operation of the contract and	11895
shall provide the school's governing authority with five business	11896
days to submit to the sponsor a proposal to remedy the conditions	11897
cited as reasons for the suspension.	11898

(2) The sponsor shall promptly review any proposed remedy	11899
timely submitted by the governing authority and either approve or	11900
disapprove the remedy. If the sponsor disapproves the remedy	11901
proposed by the governing authority, if the governing authority	11902
fails to submit a proposed remedy in the manner prescribed by the	11903
sponsor, or if the governing authority fails to implement the	11904
remedy as approved by the sponsor, the sponsor may suspend	11905
operation of the school pursuant to procedures set forth in	11906
division (D) of this section.	11907

(D)(1) If division (B) of this section applies or if the	11908
sponsor of a community school established under this chapter	11909
decides to suspend the operation of a school as permitted in	11910
division (C)(2) of this section, the sponsor shall promptly send	11911
written notice to the governing authority stating that the	11912
operation of the school is immediately suspended, and explaining	11913
the specific reasons for the suspension. The notice shall state	11914
that the governing authority has five business days to submit a	11915
proposed remedy to the conditions cited as reasons for the	11916
suspension or face potential contract termination.	11917

(2) Upon receipt of the notice of suspension prescribed	11918
under division (D)(1) of this section, the governing authority	11919
shall immediately notify the employees of the school and the	11920
parents of the students enrolled in the school of the suspension	11921
and the reasons therefore, and shall cease all school operations	11922
on the next business day.	11923

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

11924

(1) "Base formula amount" means the amount specified as such	11925
in a community school's financial plan for a school year pursuant	11926
to division (A)(15) of section 3314.03 of the Revised Code.	11927

(2) "Cost-of-doing-business factor" has the same meaning as	11928
in section 3317.02 of the Revised Code.	11929

(3) "IEP" means an individualized education program as	11930
defined in section 3323.01 of the Revised Code.	11931

(4) "Applicable special education weight" means:

11932

(a) For a student receiving special education and related	11933
services pursuant to an IEP for a handicap described in division	11934
(A) of section 3317.013 of the Revised Code, the multiple	11935
specified in that division;	11936

(b) For a student receiving special education and related	11937
services pursuant to an IEP for a handicap described in division	11938
(B) of section 3317.013 or division (F)(3) of section 3317.02 of	11939
the Revised Code, the multiple specified in division (B) of for a	11940
handicap described in that section 3317.013 of the Revised Code.	11941

(5) "Total special education weight" means the sum of the	11942
following:	11943

(a) The number of students reported under division (B)(2)(c)	11944
of this section who are entitled to attend school in the district,	11945
are enrolled in grades one through twelve in a community school,	11946
and are receiving from their community school special education	11947
and related services pursuant to an IEP for a handicap described	11948
in division (A) of section 3317.013 of the Revised Code,	11949
multiplied by the multiple specified in division (A) of section	11950
3317.013 of the Revised Code;	11951

(b) One-half the number of students reported under division	11952
(B)(2)(c) of this section who are entitled to attend school in the	11953
district, are enrolled in kindergarten in a community school, and	11954
are receiving from their community school special education and	11955
related services pursuant to an IEP for a handicap described in	11956
division (A) of section 3317.013 of the Revised Code, multiplied	11957
by the multiple specified in division (A) of section 3317.013 of	11958
the Revised Code;	11959

(c) The number of students reported under division (B)(2)(c)	11960
of this section who are entitled to attend school in the district,	11961
are enrolled in grades one through twelve in a community school,	11962
and are receiving from their community school special education	11963
and related services pursuant to an IEP for a handicap described	11964
in division (B) of section 3317.013 or division (F)(3) of section	11965
3317.02 of the Revised Code, multiplied by the multiple specified	11966
in division (B) of section 3317.013 of the Revised Code;	11967

(d) One-half the number of students reported under division	11968
(B)(2)(c) of this section who are entitled to attend school in the	11969
district, are enrolled in kindergarten in a community school, and	11970
are receiving from their community school special education and	11971
related services pursuant to an IEP for a handicap described in	11972
division (B) of section 3317.013 or division (F)(3) of section	11973
3317.02 of the Revised Code, multiplied by the multiple specified	11974
in division (B) of section 3317.013 of the Revised Code	11975
"Applicable vocational education weight" means:	11976

(a) For a student enrolled in vocational education programs	11977
or classes described in division (A) of section 3317.014 of the	11978
Revised Code, the multiple specified in that division;	11979

(b) For a student enrolled in vocational education programs	11980
or classes described in division (B) of section 3317.014 of the	11981
Revised Code, the multiple specified in that division.	11982

(6) "Entitled to attend school" means entitled to attend	11983
school in a district under section 3313.64 or 3313.65 of the	11984
Revised Code.	11985

(7) "DPIA reduction factor" means the percentage figure, if	11986
any, for reducing the per pupil amount of disadvantaged pupil	11987
impact aid a community school is entitled to receive pursuant to	11988
divisions (D)(4)(5) and (5)(6) of this section in any year, as	11989
specified in the school's financial plan for the year pursuant to	11990
division (A)(15) of section 3314.03 of the Revised Code.	11991

(8) "All-day kindergarten" has the same meaning as in section	11992
3317.029 of the Revised Code.	11993

(B) The state board of education shall adopt rules requiring	11994
both of the following:	11995

(1) The board of education of each city, exempted village,	11996
and local school district to annually report the number of	11997
students entitled to attend school in the district who are	11998
enrolled in grades one through twelve in a community school	11999
established under this chapter, the number of students entitled to	12000
attend school in the district who are enrolled in kindergarten in	12001
a community school, the number of those kindergartners who are	12002
enrolled in all-day kindergarten in their community school, and	12003
for each child, the community school in which the child is	12004
enrolled.	12005

(2) The governing authority of each community school	12006
established under this chapter to annually report all of the	12007
following:	12008

(a) The number of students enrolled in grades one through	12009
twelve and the number of students enrolled in kindergarten in the	12010
school who are not receiving special education and related	12011
services pursuant to an IEP;	12012

(b) The number of enrolled students in grades one through	12013
twelve and the number of enrolled students in kindergarten, who	12014
are receiving special education and related services pursuant to	12015
an IEP;	12016

(c) The number of students reported under division (B)(2)(b)	12017
of this section receiving special education and related services	12018
pursuant to an IEP for a handicap described in each of divisions	12019
(A) and (B) to (F) of section 3317.013 and division (F)(3) of	12020
section 3317.02 of the Revised Code;	12021

(d) The full-time equivalent number of students reported	12022
under divisions (B)(2)(a) and (b) of this section who are enrolled	12023
in vocational education programs or classes described in each of	12024
divisions (A) and (B) of section 3317.014 of the Revised Code that	12025
are provided by the community school;	12026

(e) The number of enrolled preschool handicapped students	12027
receiving special education services in a state-funded unit;	12028

(e)(f) The community school's base formula amount;

12029

(f)(g) For each student, the city, exempted village, or	12030
local school district in which the student is entitled to attend	12031
school;	12032

(g)(h) Any DPIA reduction factor that applies to a school	12033
year.	12034

(C) From the payments made to a city, exempted village, or	12035
local school district under Chapter 3317. of the Revised Code and,	12036
if necessary, sections 321.14 and 323.156 of the Revised Code, the	12037
department of education shall annually subtract all of the	12038
following:	12039

(1) An amount equal to the sum of the amounts obtained when,	12040
for each community school where the district's students are	12041
enrolled, the number of the district's students reported under	12042
divisions (B)(2)(a) and (b) of this section who are enrolled in	12043
grades one through twelve, and one-half the number of students	12044
reported under those divisions who are enrolled in kindergarten,	12045
in that community school is multiplied by the base formula amount	12046
of that community school as adjusted by the school district's	12047
cost-of-doing-business factor.	12048

(2) The product of the number of district students reported	12049
under division (B)(2)(c) of this section as enrolled in grades one	12050
through twelve, and one-half of the number of district students	12051
reported under that division as enrolled in kindergarten, who are	12052
receiving special education and related services pursuant to an	12053
IEP in their respective community schools for a handicap described	12054
in division (A) or (B) of section 3317.013 or division (F)(3) of	12055
section 3317.02 of the Revised Code, multiplied by the total	12056
special education weight times the community school's base formula	12057
amount; sum of the amounts calculated under divisions (C)(2)(a)	12058
and (b) of this section:	12059

(a) For each of the district's students reported under	12060
division (B)(2)(c) of this section as enrolled in a community	12061
school in grades one through twelve and receiving special	12062
education and related services pursuant to an IEP for a handicap	12063
described in section 3317.013 of the Revised Code, the product of	12064
the applicable weight times the community school's base formula	12065
amount;	12066

(b) For each of the district's students reported under	12067
division (B)(2)(c) of this section as enrolled in kindergarten in	12068
a community school and receiving special education and related	12069
services pursuant to an IEP for a handicap described in section	12070
3317.013 of the Revised Code, one-half of the amount calculated as	12071
prescribed in division (C)(2)(a) of this section.	12072

(3) For each of the district's students reported under	12073
division (B)(2)(d) of this section for whom payment is made under	12074
division (D)(4) of this section, the amount of that payment;	12075

(4) An amount equal to the sum of the amounts obtained when,	12076
for each community school where the district's students are	12077
enrolled, the number of the district's students enrolled in that	12078
community school and residing in the district in a family	12079
participating in Ohio works first under Chapter 5107. of the	12080
Revised Code is multiplied by the per pupil amount of	12081
disadvantaged pupil impact aid the school district receives that	12082
year pursuant to division (B) or (C) of section 3317.029 of the	12083
Revised Code, as adjusted by any DPIA reduction factor of that	12084
community school. If the district receives disadvantaged pupil	12085
impact aid under division (B) of that section, the per pupil	12086
amount of that aid is the quotient of the amount the district	12087
received under that division divided by the number of children	12088
ages five through seventeen residing in the district and living in	12089
a family participating in Ohio works first, as most recently	12090
reported under section 3317.10 of the Revised Code. If the	12091
district receives disadvantaged pupil impact aid under division	12092
(C) of section 3317.029 of the Revised Code, the per pupil amount	12093
of that aid is the per pupil dollar amount prescribed for the	12094
district in division (C)(1) or (2) of that section.	12095

(4)(5) An amount equal to the sum of the amounts obtained	12096
when, for each community school where the district's students are	12097
enrolled, the district's per pupil amount of aid received under	12098
division (E) of section 3317.029 of the Revised Code, as adjusted	12099
by any DPIA reduction factor of the community school, is	12100
multiplied by the sum of the following:	12101

(a) The number of the district's students reported under	12102
division (B)(2)(a) of this section who are enrolled in grades one	12103
to three in that community school and who are not receiving	12104
special education and related services pursuant to an IEP;	12105

(b) One-half of the district's students who are enrolled in	12106
all-day or any other kindergarten class in that community school	12107
and who are not receiving special education and related services	12108
pursuant to an IEP;	12109

(c) One-half of the district's students who are enrolled in	12110
all-day kindergarten in that community school and who are not	12111
receiving special education and related services pursuant to an	12112
IEP.	12113

The district's per pupil amount of aid under division (E) of	12114
section 3317.029 of the Revised Code is the quotient of the amount	12115
the district received under that division divided by the	12116
district's kindergarten through third grade ADM, as defined in	12117
that section.	12118

(D) The department shall annually pay to a community school	12119
established under this chapter all of the following:	12120

(1) An amount equal to the sum of the amounts obtained when	12121
the number of students enrolled in grades one through twelve, plus	12122
one-half of the kindergarten students in the school, reported	12123
under divisions (B)(2)(a) and (b) of this section who are not	12124
receiving special education and related services pursuant to an	12125
IEP for a handicap described in division (A) or (B) of section	12126
3317.013 or division (F)(3) of section 3317.02 of the Revised Code	12127
is multiplied by the community school's base formula amount, as	12128
adjusted by the cost-of-doing-business factor of the school	12129
district in which the student is entitled to attend school;	12130

(2) The greater of the following:

12131

(a) The aggregate amount that the department paid to the	12132
community school in fiscal year 1999 for students receiving	12133
special education and related services pursuant to IEPs, excluding	12134
federal funds and state disadvantaged pupil impact aid funds;	12135

(b) The sum of the amounts calculated under divisions	12136
(D)(2)(b)(i) and (ii) of this section:	12137

(i) For each student reported under division (B)(2)(c) of	12138
this section as enrolled in the school in grades one through	12139
twelve and receiving special education and related services	12140
pursuant to an IEP for a handicap described in division (A) or (B)	12141
of section 3317.013 or division (F)(3) of section 3317.02 of the	12142
Revised Code, the following amount:	12143

(the community school's base formula amount X the

12144

cost-of-doing-business factor of the district where the student

12145

is entitled to attend school) + (the applicable special education	12146
weight	12147

X the community school's base formula amount);

12148

(ii) For each student reported under division (B)(2)(c) of	12149
this section as enrolled in kindergarten and receiving special	12150
education and related services pursuant to an IEP for a handicap	12151
described in division (A) or (B) of section 3317.013 or division	12152
(F)(3) of section 3317.02 of the Revised Code, one-half of the	12153
amount calculated under the formula prescribed in division	12154
(D)(2)(b)(i) of this section.	12155

(3) An amount received from federal funds to provide special	12156
education and related services to students in the community	12157
school, as determined by the superintendent of public instruction.	12158

(4) For each student reported under division (B)(2)(d) of	12159
this section as enrolled in vocational education programs or	12160
classes that are described in section 3317.014 of the Revised	12161
Code, are provided by the community school, and are comparable as	12162
determined by the superintendent of public instruction to school	12163
district vocational education programs and classes eligible for	12164
state weighted funding under section 3317.014 of the Revised Code,	12165
an amount equal to the applicable vocational education weight	12166
times the community school's base formula amount times the	12167
percentage of time the student spends in the vocational education	12168
programs or classes.	12169

(5) An amount equal to the sum of the amounts obtained when,	12170
for each school district where the community school's students are	12171
entitled to attend school, the number of that district's students	12172
enrolled in the community school and participating in Ohio works	12173
first is multiplied by the per pupil amount of disadvantaged pupil	12174
impact aid that school district receives that year pursuant to	12175
division (B) or (C) of section 3317.029 of the Revised Code, as	12176
adjusted by any DPIA reduction factor of the community school. The	12177
per pupil amount of aid shall be determined as described in	12178
division (C)(3) of this section.	12179

(5)(6) An amount equal to the sum of the amounts obtained	12180
when, for each school district where the community school's	12181
students are entitled to attend school, the district's per pupil	12182
amount of aid received under division (E) of section 3317.029 of	12183
the Revised Code, as adjusted by any DPIA reduction factor of the	12184
community school, is multiplied by the sum of the following:	12185

(a) The number of the district's students reported under	12186
division (B)(2)(a) of this section who are enrolled in grades one	12187
to three in that community school and who are not receiving	12188
special education and related services pursuant to an IEP;	12189

(b) One-half of the district's students who are enrolled in	12190
all-day or any other kindergarten class in that community school	12191
and who are not receiving special education and related services	12192
pursuant to an IEP;	12193

(c) One-half of the district's students who are enrolled in	12194
all-day kindergarten in that community school and who are not	12195
receiving special education and related services pursuant to an	12196
IEP.	12197

The district's per pupil amount of aid under division (E) of	12198
section 3317.029 of the Revised Code shall be determined as	12199
described in division (C)(4)(5) of this section.	12200

(E) If a community school's costs for a fiscal year for a	12201
student receiving special education and related services pursuant	12202
to an IEP for a handicap described in division (F)(3) divisions	12203
(B) to (F) of section 3317.02 3317.013 of the Revised Code are	12204
twenty-five thousand dollars or more, the school may submit to the	12205
superintendent of public instruction documentation, as prescribed	12206
by the superintendent, of all its costs for that student. Upon	12207
submission of documentation for a student of the type and in the	12208
manner prescribed, the department shall pay to the community	12209
school an amount equal to the school's costs for the student in	12210
excess of twenty-five thousand dollars.	12211

The community school shall only report, and the department	12212
shall only pay for, the costs of educational expenses and the	12213
related services provided to the student in accordance with the	12214
student's individualized education program. Any legal fees, court	12215
costs, or other costs associated with any cause of action relating	12216
to the student may not be included in the amount.	12217

(F) A community school may apply to the department of	12218
education for preschool handicapped or gifted unit funding the	12219
school would receive if it were a school district. Upon request	12220
of its governing authority, a community school that received unit	12221
funding as a school district-operated school before it became a	12222
community school shall retain any units awarded to it as a school	12223
district-operated school provided the school continues to meet	12224
eligibility standards for the unit.	12225

A community school shall be considered a school district and	12226
its governing authority shall be considered a board of education	12227
for the purpose of applying to any state or federal agency for	12228
grants that a school district may receive under federal or state	12229
law or any appropriations act of the general assembly. The	12230
governing authority of a community school may apply to any private	12231
entity for additional funds.	12232

(G) A board of education sponsoring a community school may	12233
utilize local funds to make enhancement grants to the school or	12234
may agree, either as part of the contract or separately, to	12235
provide any specific services to the community school at no cost	12236
to the school.	12237

(H) A community school may not levy taxes or issue bonds	12238
secured by tax revenues.	12239

(I) No community school shall charge tuition for the	12240
enrollment of any student.	12241

(J) A community school may borrow money to pay any necessary	12242
and actual expenses of the school in anticipation of the receipt	12243
of any portion of the payments to be received by the school	12244
pursuant to division (D) of this section. The school may issue	12245
notes to evidence such borrowing to mature no later than the end	12246
of the fiscal year in which such money was borrowed. The proceeds	12247
of the notes shall be used only for the purposes for which the	12248
anticipated receipts may be lawfully expended by the school.	12249

(K) For purposes of determining the number of students for	12250
which divisions (D)(4)(5) and (5)(6) of this section applies in	12251
any school year, a community school may submit to the department	12252
of job and family services, no later than the first day of March,	12253
a list of the students enrolled in the school. For each student	12254
on the list, the community school shall indicate the student's	12255
name, address, and date of birth and the school district where the	12256
student is entitled to attend school. Upon receipt of a list	12257
under this division, the department of job and family services	12258
shall determine, for each school district where one or more	12259
students on the list is entitled to attend school, the number of	12260
students residing in that school district who were included in the	12261
department's report under section 3317.10 of the Revised Code. The	12262
department shall make this determination on the basis of	12263
information readily available to it. Upon making this	12264
determination and no later than ninety days after submission of	12265
the list by the community school, the department shall report to	12266
the state department of education the number of students on the	12267
list who reside in each school district who were included in the	12268
department's report under section 3317.10 of the Revised Code. In	12269
complying with this division, the department of job and family	12270
services shall not report to the state department of education any	12271
personally identifiable information on any student.	12272

(L) The department of education shall adjust the amounts	12273
subtracted and paid under divisions (C) and (D) of this section to	12274
reflect any enrollment of students in community schools for less	12275
than the equivalent of a full school year. For purposes of this	12276
section, a student shall be considered enrolled in the community	12277
school for any portion of the school year the student is	12278
participating at a college under Chapter 3365. of the Revised	12279
Code.	12280

(M) The department of education shall reduce the amounts	12281
paid under division (D) of this section to reflect payments made	12282
to colleges under division (B) of section 3365.07 of the Revised	12283
Code.	12284

Sec. 3314.09.  (A) As used in this section and section	12285
3314.091 of the Revised Code, "native student" means a student	12286
entitled to attend school in the school district under section	12287
3313.64 or 3313.65 of the Revised Code.	12288

The (B) Except as provided in section 3314.091 of the	12289
Revised Code, the board of education of each city, local, and	12290
exempted village school district shall provide transportation to	12291
and from school for its district's native students enrolled in a	12292
community school located in that district or another district on	12293
the same basis that it provides transportation for its native	12294
students enrolled in schools to which they are assigned by the	12295
board of education at the same grade level and who live the same	12296
distance from school except when, in the judgment of the board,	12297
confirmed by the state board of education, the transportation is	12298
unnecessary or unreasonable. A board shall not be required to	12299
transport nonhandicapped students to and from a community school	12300
located in another school district if the transportation would	12301
require more than thirty minutes of direct travel time as measured	12302
by school bus from the collection point designated by the	12303
district's coordinator of school transportation.	12304

(C) Where it is impractical to transport a pupil to and from	12305
a community school by school conveyance, a board may, in lieu of	12306
providing the transportation, pay a parent, guardian, or other	12307
person in charge of the child. The amount paid per pupil shall in	12308
no event exceed the average transportation cost per pupil, which	12309
shall be based on the cost of transportation of children by all	12310
boards of education in this state during the next preceding year.	12311

(D) The daily and annual instructional schedules of a	12312
community school are the sole responsibility of the community	12313
school's governing authority, and are subject only to the	12314
requirements of this chapter and the governing authority's	12315
contract with its sponsor. Each school district board of	12316
education that is required to provide transportation for community	12317
school students under this section shall provide the	12318
transportation in accordance with those schedules so that students	12319
may be present on time and at all times that the community school	12320
is open for instruction.	12321

Sec. 3314.091.  (A) A school district is not required to	12322
provide transportation for any native student enrolled in a	12323
community school if the district board of education has entered	12324
into an agreement with the community school's governing authority	12325
that designates the community school as responsible for providing	12326
or arranging for the transportation of the district's native	12327
students to and from the community school. For any such agreement	12328
to be effective, it must be certified by the superintendent of	12329
public instruction as having met both of the following	12330
requirements:	12331

(1) It is submitted to the department of education by a	12332
deadline which shall be established by the department.	12333

(2) It specifies qualifications, such as residing a minimum	12334
distance from the school, for students to have their	12335
transportation provided or arranged.	12336

(B)(1) A community school governing board that enters into	12337
an agreement to provide transportation under this section shall	12338
provide or arrange transportation free of any charge for each of	12339
its enrolled students in grades kindergarten through eight who	12340
live more than two miles from the school, except that the	12341
governing board may make a payment in lieu of providing	12342
transportation to the parent, guardian, or person in charge of the	12343
student at the same rate as specified for a school district board	12344
in division (C) of section 3314.09 of the Revised Code if the	12345
drive time measured by the vehicle specified by the school for	12346
transporting the students from the student's residence to the	12347
school is more than thirty minutes. The governing board may	12348
provide or arrange transportation for any other enrolled student	12349
and may charge a fee for such service. The governing board may	12350
request the payment specified under division (C) of this section	12351
for any student it transports, for whom it arranges	12352
transportation, or for whom it makes a payment in lieu of	12353
providing transportation if the student lives more than one mile	12354
from the community school.	12355

(2) Notwithstanding anything to the contrary in division	12356
(B)(1) of this section, a community school governing board shall	12357
provide or arrange transportation free of any charge for any	12358
disabled student enrolled in the school for whom the student's	12359
individualized education program developed under Chapter 3323. of	12360
the Revised Code specifies transportation.	12361

(C)(1) If a school district board and a community school	12362
governing authority elect to enter into an agreement under this	12363
section, the department of education annually shall pay the	12364
community school the amount specified in division (C)(2) of this	12365
section for each of the enrolled students for whom the school's	12366
governing authority provides or arranges transportation to and	12367
from school. The department shall deduct the payment from the	12368
state payment under Chapter 3317. and, if necessary, sections	12369
321.14 and 323.156 of the Revised Code that is otherwise paid to	12370
the school district in which the student enrolled in the community	12371
school resides. The department shall include the number of the	12372
district's native students for whom payment is made to a community	12373
school under this division in the calculation of the district's	12374
transportation payment under division (D) of section 3317.022 of	12375
the Revised Code.	12376

A community school shall be paid under this division only for	12377
students who live more than one mile from the school and whose	12378
transportation to and from school is actually provided or arranged	12379
or for whom a payment in lieu of transportation is made by the	12380
community school's governing authority. To qualify for the	12381
payments, the community school shall report to the department, in	12382
the form and manner required by the department, data on the	12383
number of students transported or whose transportation is	12384
arranged, the number of miles traveled, cost to transport, and any	12385
other information requested by the department.	12386

A community school shall use payments received under this	12387
division solely to pay the costs of providing or arranging for the	12388
transportation of students who live more than one mile from the	12389
school, which may include payments to a parent, guardian, or other	12390
person in charge of a child in lieu of transportation.	12391

(2) The payment to a community school governing authority	12392
under this section for each student who lives more than one mile	12393
from the school or who is disabled and whose individualized	12394
education program requires transportation and for whom the school	12395
actually provides or arranges transportation or makes a payment in	12396
lieu of providing transportation, shall be made according to the	12397
following schedule:	12398

(a) In fiscal year 2002, four-hundred fifty dollars per	12399
student;	12400

(b) In fiscal year 2003 and every fiscal year thereafter,	12401
the amount specified in division (C)(2)(a) of this section	12402
multiplied by the negative or positive percentage of change	12403
reported in the consumer price index (all urban consumers,	12404
transportation) by the bureau of labor statistics of the United	12405
States department of labor from the beginning of the calendar year	12406
that ended just prior to the beginning of the fiscal year to the	12407
end of that calendar year.	12408

(D) Except when arranged through payment to a parent,	12409
guardian, or person in charge of a child, transportation provided	12410
or arranged for by a community school pursuant to an agreement	12411
under this section is subject to all provisions of the Revised	12412
Code, and all rules adopted under the Revised Code, pertaining to	12413
the construction, design, equipment, and operation of school buses	12414
and other vehicles transporting students to and from school. The	12415
drivers and mechanics of the vehicles are subject to all	12416
provisions of the Revised Code, and all rules adopted under the	12417
Revised Code, pertaining to drivers and mechanics of such	12418
vehicles. The community school also shall comply with sections	12419
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	12420
of the Revised Code as if it were a school district. For purposes	12421
of complying with section 3327.10 of the Revised Code, the	12422
educational service center that serves the county in which the	12423
community school is located shall be the certifying agency, unless	12424
the agreement designates the school district as the certifying	12425
agency.	12426

Sec. 3317.01.  As used in this section and section 3317.011	12427
of the Revised Code, "school district," unless otherwise	12428
specified, means any city, local, exempted village, joint	12429
vocational, or cooperative education school district and any	12430
educational service center.	12431

This chapter shall be administered by the state board of	12432
education. The superintendent of public instruction shall	12433
calculate the amounts payable to each school district and shall	12434
certify the amounts payable to each eligible district to the	12435
treasurer of the district as provided by this chapter. No moneys	12436
shall be distributed pursuant to this chapter without the approval	12437
of the controlling board.	12438

The state board of education shall, in accordance with	12439
appropriations made by the general assembly, meet the financial	12440
obligations of this chapter.	12441

Annually, the department of education shall calculate and	12442
report to each school district the district's total state and	12443
local funds for providing an adequate basic education to the	12444
district's nonhandicapped students, utilizing the determination in	12445
section 3317.012 of the Revised Code. In addition, the department	12446
shall calculate and report separately for each school district the	12447
district's total state and local funds for providing an adequate	12448
education for its handicapped students, utilizing the	12449
determinations in both sections 3317.012 and 3317.013 of the	12450
Revised Code.	12451

Not later than the thirty-first day of August of each fiscal	12452
year, the department of education shall provide to each school	12453
district and county MR/DD board a preliminary estimate of the	12454
amount of funding that the department calculates the district will	12455
receive under each of divisions (C)(1) and (5)(4) of section	12456
3317.022 of the Revised Code. No later than the first day of	12457
December of each fiscal year, the department shall update that	12458
preliminary estimate.	12459

Moneys distributed pursuant to this chapter shall be	12460
calculated and paid on a fiscal year basis, beginning with the	12461
first day of July and extending through the thirtieth day of June.	12462
The moneys appropriated for each fiscal year shall be distributed	12463
at least monthly to each school district unless otherwise provided	12464
for. The state board shall submit a yearly distribution plan to	12465
the controlling board at its first meeting in July. The state	12466
board shall submit any proposed midyear revision of the plan to	12467
the controlling board in January. Any year-end revision of the	12468
plan shall be submitted to the controlling board in June. If	12469
moneys appropriated for each fiscal year are distributed other	12470
than monthly, such distribution shall be on the same basis for	12471
each school district.	12472

The total amounts paid each month shall constitute, as nearly	12473
as possible, one-twelfth of the total amount payable for the	12474
entire year. Payments made during the first six months of the	12475
fiscal year may be based on an estimate of the amounts payable for	12476
the entire year. Payments made in the last six months shall be	12477
based on the final calculation of the amounts payable to each	12478
school district for that fiscal year. Payments made in the last	12479
six months may be adjusted, if necessary, to correct the amounts	12480
distributed in the first six months, and to reflect enrollment	12481
increases when such are at least three per cent. Except as	12482
otherwise provided, payments under this chapter shall be made only	12483
to those school districts in which:	12484

(A) The school district, except for any educational service	12485
center and any joint vocational or cooperative education school	12486
district, levies for current operating expenses at least twenty	12487
mills. Levies for joint vocational or cooperative education	12488
school districts or county school financing districts, limited to	12489
or to the extent apportioned to current expenses, shall be	12490
included in this qualification requirement. School district	12491
income tax levies under Chapter 5748. of the Revised Code, limited	12492
to or to the extent apportioned to current operating expenses,	12493
shall be included in this qualification requirement to the extent	12494
determined by the tax commissioner under division (D) of section	12495
3317.021 of the Revised Code.	12496

(B) The school year next preceding the fiscal year for which	12497
such payments are authorized meets the requirement of section	12498
3313.48 or 3313.481 of the Revised Code, with regard to the	12499
minimum number of days or hours school must be open for	12500
instruction with pupils in attendance, for individualized	12501
parent-teacher conference and reporting periods, and for	12502
professional meetings of teachers. This requirement shall be	12503
waived by the superintendent of public instruction if it had been	12504
necessary for a school to be closed because of disease epidemic,	12505
hazardous weather conditions, inoperability of school buses or	12506
other equipment necessary to the school's operation, damage to a	12507
school building, or other temporary circumstances due to utility	12508
failure rendering the school building unfit for school use,	12509
provided that for those school districts operating pursuant to	12510
section 3313.48 of the Revised Code the number of days the school	12511
was actually open for instruction with pupils in attendance and	12512
for individualized parent-teacher conference and reporting periods	12513
is not less than one hundred seventy-five, or for those school	12514
districts operating on a trimester plan the number of days the	12515
school was actually open for instruction with pupils in attendance	12516
not less than seventy-nine days in any trimester, for those school	12517
districts operating on a quarterly plan the number of days the	12518
school was actually open for instruction with pupils in attendance	12519
not less than fifty-nine days in any quarter, or for those school	12520
districts operating on a pentamester plan the number of days the	12521
school was actually open for instruction with pupils in attendance	12522
not less than forty-four days in any pentamester.	12523

A school district shall not be considered to have failed to	12524
comply with this division or section 3313.481 of the Revised Code	12525
because schools were open for instruction but either twelfth grade	12526
students were excused from attendance for up to three days or only	12527
a portion of the kindergarten students were in attendance for up	12528
to three days in order to allow for the gradual orientation to	12529
school of such students.	12530

The superintendent of public instruction shall waive the	12531
requirements of this section with reference to the minimum number	12532
of days or hours school must be in session with pupils in	12533
attendance for the school year succeeding the school year in which	12534
a board of education initiates a plan of operation pursuant to	12535
section 3313.481 of the Revised Code. The minimum requirements of	12536
this section shall again be applicable to such a district	12537
beginning with the school year commencing the second July	12538
succeeding the initiation of one such plan, and for each school	12539
year thereafter.	12540

A school district shall not be considered to have failed to	12541
comply with this division or section 3313.48 or 3313.481 of the	12542
Revised Code because schools were open for instruction but the	12543
length of the regularly scheduled school day, for any number of	12544
days during the school year, was reduced by not more than two	12545
hours due to hazardous weather conditions.	12546

(C) The school district has on file, and is paying in	12547
accordance with, a teachers' salary schedule which complies with	12548
section 3317.13 of the Revised Code.	12549

A board of education or governing board of an educational	12550
service center which has not conformed with other law and the	12551
rules pursuant thereto, shall not participate in the distribution	12552
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	12553
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	12554
and sufficient reason established to the satisfaction of the state	12555
board of education and the state controlling board.	12556

All funds allocated to school districts under this chapter,	12557
except those specifically allocated for other purposes, shall be	12558
used to pay current operating expenses only.	12559

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	12560
school district expenditure and cost data for fiscal year 1996	12561
1999, performed the calculation described in division (B) of this	12562
section, and adjusted the results for inflation, and added the	12563
amounts described in division (A)(2) of this section, hereby	12564
determines that the base cost of an adequate education per pupil	12565
for the fiscal year beginning July 1, 1998 2001, is $4,063 $4,814.	12566
For the five following fiscal years, the base cost per pupil for	12567
each of those years, reflecting an annual rate of inflation of two	12568
and eight-tenths per cent, is $4,177 $4,949 for fiscal year 2000	12569
2003, $4,294 $5,088 for fiscal year 2001 2004, $4,414 $5,230 for	12570
fiscal year 2002 2005, $4,538 $5,376 for fiscal year 2003 2006,	12571
and $4,665 $5,527 for fiscal year 2004 2007.	12572

(2) The base cost per pupil amounts specified in division	12573
(A)(1) of this section include amounts to reflect the cost to	12574
school districts of increasing the minimum number of high school	12575
academic units required for graduation beginning September 15,	12576
2001, under section 3313.603 of the Revised Code. Analysis of	12577
fiscal year 1999 data revealed that the school districts meeting	12578
the requirements of division (B) of this section on average	12579
required high school students to complete a minimum of nineteen	12580
and eight-tenths units to graduate. The general assembly	12581
determines that the cost of funding the additional two-tenths unit	12582
required by section 3313.603 of the Revised Code is $12 per pupil	12583
in fiscal year 2002. This amount was added after the calculation	12584
described in division (B) of this section and the adjustment for	12585
inflation from fiscal year 1999 to fiscal year 2002. It is this	12586
total amount, the calculated base cost plus the supplement to pay	12587
for the additional partial unit, that constitutes the base cost	12588
amount specified in division (A)(1) of this section for fiscal	12589
year 2002 and that is inflated to produce the base cost amounts	12590
for fiscal years 2003 through 2007.	12591

(B) In determining the base cost stated in division (A) of	12592
this section, capital and debt costs, costs paid for by federal	12593
funds, and costs covered by funds provided pursuant to sections	12594
3317.023 and 3317.024 of the Revised Code as they existed prior to	12595
July 1, 1998, for disadvantaged pupil impact aid and	12596
transportation were excluded, as were the effects on the	12597
districts' state funds of the application of the	12598
cost-of-doing-business factors, assuming an eighteen a seven and	12599
one-half per cent variance.	12600

The base cost for fiscal year 1996 1999 was calculated as the	12601
unweighted average cost per student, on a school district basis,	12602
of educating students who were not receiving vocational education	12603
or services pursuant to Chapter 3323. of the Revised Code and who	12604
were enrolled in a city, exempted village, or local school	12605
district that in fiscal year 1994 1999 met all of the following	12606
criteria:	12607

(1) The district met at least all but one twenty of the	12608
following twenty-seven performance standards:	12609

(a) A three ninety per cent or lower dropout higher	12610
graduation rate;	12611

(b) At least seventy-five per cent of fourth graders	12612
proficient on the mathematics test prescribed under division	12613
(A)(1) of section 3301.0710 of the Revised Code;	12614

(c) At least seventy-five per cent of fourth graders	12615
proficient on the reading test prescribed under division (A)(1) of	12616
section 3301.0710 of the Revised Code;	12617

(d) At least seventy-five per cent of fourth graders	12618
proficient on the writing test prescribed under division (A)(1) of	12619
section 3301.0710 of the Revised Code;	12620

(e) At least seventy-five per cent of fourth graders	12621
proficient on the citizenship test prescribed under division	12622
(A)(1) of section 3301.0710 of the Revised Code;	12623

(f) At least seventy-five per cent of fourth graders	12624
proficient on the science test prescribed under division (A)(1) of	12625
section 3301.0710 of the Revised Code;	12626

(g) At least seventy-five per cent of sixth graders	12627
proficient on the mathematics test prescribed under division	12628
(A)(2) of section 3301.0710 of the Revised Code;	12629

(h) At least seventy-five per cent of sixth graders	12630
proficient on the reading test prescribed under division (A)(2) of	12631
section 3301.0710 of the Revised Code;	12632

(i) At least seventy-five per cent of sixth graders	12633
proficient on the writing test prescribed under division (A)(2) of	12634
section 3301.0710 of the Revised Code;	12635

(j) At least seventy-five per cent of sixth graders	12636
proficient on the citizenship test prescribed under division	12637
(A)(2) of section 3301.0710 of the Revised Code;	12638

(k) At least seventy-five per cent of sixth graders	12639
proficient on the science test prescribed under division (A)(2) of	12640
section 3301.0710 of the Revised Code;	12641

(l) At least seventy-five per cent of ninth graders	12642
proficient on the mathematics test prescribed under former	12643
division (B) of section 3301.0710 of the Revised Code Section 4 of	12644
Am. Sub. S.B. 55 of the 122nd general assembly;	12645

(g)(m) At least seventy-five per cent of ninth graders	12646
proficient on the reading test prescribed under former division	12647
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12648
S.B. 55 of the 122nd general assembly;	12649

(h)(n) At least seventy-five per cent of ninth graders	12650
proficient on the writing test prescribed under former division	12651
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12652
S.B. 55 of the 122nd general assembly;	12653

(i)(o) At least seventy-five per cent of ninth graders	12654
proficient on the citizenship test prescribed under former	12655
division (B) of section 3301.0710 of the Revised Code Section 4 of	12656
Am. Sub. S.B. 55 of the 122nd general assembly;	12657

(j)(p) At least seventy-five per cent of ninth graders	12658
proficient on the science test prescribed under Section 4 of Am.	12659
Sub. S.B. 55 of the 122nd general assembly;	12660

(q) At least eighty-five per cent of tenth graders proficient	12661
on the mathematics test prescribed under former division (B) of	12662
section 3301.0710 of the Revised Code Section 4 of Am. Sub. S.B.	12663
55 of the 122nd general assembly;	12664

(k)(r) At least eighty-five per cent of tenth graders	12665
proficient on the reading test prescribed under former division	12666
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12667
S.B. 55 of the 122nd general assembly;	12668

(l)(s) At least eighty-five per cent of tenth graders	12669
proficient on the writing test prescribed under former division	12670
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	12671
S.B. 55 of the 122nd general assembly;	12672

(m)(t) At least eighty-five per cent of tenth graders	12673
proficient on the citizenship test prescribed under former	12674
division (B) of section 3301.0710 of the Revised Code Section 4 of	12675
Am. Sub. S.B. 55 of the 122nd general assembly;	12676

(n)(u) At least eighty-five per cent of tenth graders	12677
proficient on the science test prescribed under Section 4 of Am.	12678
Sub. S.B. 55 of the 122nd general assembly;	12679

(v) At least sixty per cent of twelfth graders proficient on	12680
the mathematics test prescribed under division (A)(3) of section	12681
3301.0710 of the Revised Code;	12682

(o)(w) At least sixty per cent of twelfth graders proficient	12683
on the reading test prescribed under division (A)(3) of section	12684
3301.0710 of the Revised Code;	12685

(p)(x) At least sixty per cent of twelfth graders proficient	12686
on the writing test prescribed under division (A)(3) of section	12687
3301.0710 of the Revised Code;	12688

(q)(y) At least sixty per cent of twelfth graders proficient	12689
on the citizenship test prescribed under division (A)(3) of	12690
section 3301.0710 of the Revised Code;	12691

(r)(z) At least sixty per cent of twelfth graders proficient	12692
on the science test prescribed under division (A)(3) of section	12693
3301.0710 of the Revised Code;	12694

(aa) An attendance rate for the year of at least	12695
ninety-three per cent as defined in section 3302.01 of the Revised	12696
Code.	12697

(2) The district was not among the ten five per cent of all	12698
districts with the highest income factors, as defined in section	12699
3317.02 of the Revised Code, nor among the ten five per cent of	12700
all districts with the lowest income factors.	12701

(3) The district was not among the five per cent of all	12702
districts with the highest valuation per pupil in ADM, as reported	12703
under division (A) of section 3317.03 of the Revised Code as it	12704
existed prior to July 1, 1998, nor among the five per cent of all	12705
districts with the lowest valuation per pupil.	12706

This model for calculating the base cost of an adequate	12707
education is expenditure-based. The general assembly recognizes	12708
that increases in state funding to school districts since fiscal	12709
year 1996, the fiscal year upon which the general assembly based	12710
its model for calculating state funding to school districts for	12711
fiscal years 1999 through 2001, has increased school district base	12712
cost expenditures for fiscal year 1999, the fiscal year upon which	12713
the general assembly based its model for calculating state funding	12714
for fiscal years 2002 through 2007. In the case of school	12715
districts included in both models as a result of meeting the	12716
performance criteria of both former and current division (B) of	12717
this section, the increased state funding may have driven the	12718
districts' expenditures beyond the expenditures that were actually	12719
needed to maintain their educational programs at the level	12720
necessary to maintain their status as model districts. The	12721
general assembly has determined to control for this effect by	12722
stipulating in the later model that the fiscal year 1999 base cost	12723
expenditures of the districts included in the earlier model equals	12724
their base cost expenditures per pupil for fiscal year 1996,	12725
inflated to fiscal year 1999 using an annual rate of inflation of	12726
two and eight-tenths per cent. For districts in the 1999 model	12727
that were not also included in the 1996 model, the actual 1999	12728
base cost per pupil expenditures were used in the calculation of	12729
the average district per pupil costs of the model districts.	12730

(C) In July of 2000 2005, and in July of every six years	12731
thereafter, the speaker of the house of representatives and the	12732
president of the senate shall each appoint three members to a	12733
committee to reexamine the cost of an adequate education. No more	12734
than two members from any political party shall represent each	12735
house. The director of budget and management and the	12736
superintendent of public instruction shall serve as nonvoting ex	12737
officio members of the committee.	12738

The committee shall select a rational methodology for	12739
calculating the costs of an adequate education system for the	12740
ensuing six-year period, and shall report the methodology and the	12741
resulting costs to the general assembly. In performing its	12742
function, the committee is not bound by any method used by	12743
previous general assemblies to examine and calculate costs and	12744
instead may utilize any rational method it deems suitable and	12745
reasonable given the educational needs and requirements of the	12746
state at that time.	12747

The methodology for determining the cost of an adequate	12748
education system shall take into account the basic educational	12749
costs that all districts incur in educating regular students, the	12750
unique needs of special categories of students, and significant	12751
special conditions encountered by certain classifications of	12752
school districts.	12753

The committee also shall redetermine, for purposes of	12754
updating the parity aid calculation under section 3317.0217 of the	12755
Revised Code, the average number of effective operating mills that	12756
school districts in the seventieth to ninetieth percentiles of	12757
valuations per pupil collect above the revenues required to	12758
finance their attributed local shares of the calculated cost of an	12759
adequate education.	12760

Any committee appointed pursuant to this section shall make	12761
its report to the office of budget and management and the general	12762
assembly within six months one year of its appointment so that the	12763
information is available for use by the office and the general	12764
assembly in preparing the next biennial appropriations act.	12765

Sec. 3317.013.  This section does not apply to handicapped	12766
preschool students.	12767

Analysis of special education cost data has resulted in a	12768
finding that the average special education additional cost per	12769
pupil, including the costs of related services, can be expressed	12770
as a multiple of the base cost per pupil calculated under section	12771
3317.012 of the Revised Code. The multiples for the following	12772
categories of special education programs, as these programs are	12773
defined for purposes of Chapter 3323. of the Revised Code, and	12774
adjusted as provided in this section for fiscal years 2002 and	12775
2003, are as follows:	12776

(A) A multiple of 0.2892 for students whose primary or only	12777
identified handicap is a speech and language handicap, as this	12778
term is defined pursuant to Chapter 3323. of the Revised Code;	12779

(B) A multiple of 0.22 0.4240 for students identified as	12780
specific learning disabled, other health handicapped, or	12781
developmentally handicapped, or severe behavior handicapped, as	12782
these terms are defined pursuant to Chapter 3323. of the Revised	12783
Code;	12784

(B)(C) A multiple of 3.01 1.6736 for students identified as	12785
hearing handicapped, orthopedically handicapped, or vision	12786
impaired, multihandicapped, and severe behavior handicapped, as	12787
these terms are defined pursuant to Chapter 3323. of the Revised	12788
Code;	12789

(D) A multiple of 3.0022 for students identified as	12790
orthopedically handicapped or other health handicapped, as these	12791
terms are defined pursuant to Chapter 3323. of the Revised Code;	12792

(E) A multiple of 3.7507 for students identified as	12793
multihandicapped or as both visually and hearing disabled, as	12794
these terms are defined pursuant to Chapter 3323. of the Revised	12795
Code;	12796

(F) A multiple of 4.7693 for students identified as autistic	12797
or having traumatic brain injuries, as these terms are defined	12798
pursuant to Chapter 3323. of the Revised Code.	12799

Further analysis indicates that approximately one-eighth of	12800
the total costs of serving special education students consists of	12801
the furnishing of the related services specified in division	12802
(B)(3) of section 3317.022 of the Revised Code.	12803

In fiscal year 2002, the multiples specified in divisions (A)	12804
to (F) of this section shall be adjusted by multiplying them by	12805
0.805. In fiscal year 2003, the multiples specified in those	12806
divisions shall be adjusted by multiplying them by 0.85.	12807

Sec. 3317.014.  The average vocational education additional	12808
cost per pupil can be expressed as a multiple of the base cost per	12809
pupil calculated under section 3317.012 of the Revised Code. the	12810
multiples for the following categories of vocational education	12811
programs are as follows:	12812

(A) A multiple of 0.60 0.57 for students enrolled in	12813
vocational education job-training and workforce development	12814
programs approved by the department of education in accordance	12815
with rules adopted under section 3313.90 of the Revised Code.	12816

The rules adopted under this division may provide for	12817
programs that include instructional time beyond the normal periods	12818
of instruction, including summers, for areas of study such as	12819
agriculture. For any such program, the multiple of 0.57 may be	12820
apportioned so that the multiple for the normal school year is	12821
less than the multiple for the additional instructional time but	12822
that a school district may receive the entire value of the weight	12823
for the program if the program extends beyond the normal periods	12824
of instruction.	12825

(B) A multiple of 0.30 0.28 for students enrolled in	12826
vocational education classes other than job-training and workforce	12827
development programs.	12828

Vocational education associated services costs can be	12829
expressed as a multiple of 0.05 of the base cost per pupil	12830
calculated under section 3317.012 of the Revised Code.	12831

The general assembly has adjusted the multiples specified in	12832
this section for calculating payments beginning in fiscal year	12833
2002 in recognition that its policy change regarding the	12834
application of the cost-of-doing-business factor produces a higher	12835
base cost amount than would exist if no change were made to its	12836
application. The adjustment maintains the same weighted costs as	12837
would exist if no change were made to the application of the	12838
cost-of-doing-business factor.	12839

Sec. 3317.02.  As used in this chapter:

12840

(A) Unless otherwise specified, "school district" means	12841
city, local, and exempted village school districts.	12842

(B) "Formula amount" means the base cost for the fiscal year	12843
specified in section 3317.012 of the Revised Code, except that to	12844
allow for the orderly phase-in of the increased funding specified	12845
in that section, the formula amount for fiscal year 1999 shall be	12846
$3,851, and the formula amount for fiscal year 2000 shall be	12847
$4,052. Thereafter, the formula amount shall be as specified in	12848
that section.	12849

(C) "FTE basis" means a count of students based on full-time	12850
equivalency, in accordance with rules adopted by the department of	12851
education pursuant to section 3317.03 of the Revised Code. In	12852
adopting its rules under this division, the department shall	12853
provide for counting any student in category one, two, or three,	12854
four, five, or six special education ADM or in category one or two	12855
vocational education ADM in the same proportion the student is	12856
counted in formula ADM.	12857

(D)(1) "Formula ADM" means, for a city, local, or exempted	12858
village school district, the number reported pursuant to division	12859
(A) of section 3317.03 of the Revised Code, and for a joint	12860
vocational school district, the number reported pursuant to	12861
division (D) of that section.	12862

(2) "Three-year average formula ADM" means the average of	12863
formula ADMs for the current and preceding two fiscal years.	12864
However, as applicable in fiscal years 1999 and 2000, the	12865
three-year average for city, local, and exempted village school	12866
districts shall be determined utilizing the FY 1997 ADM or FY 1998	12867
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In	12868
fiscal years 2000 and 2001, the three-year average for joint	12869
vocational school districts shall be determined utilizing the	12870
average daily membership reported in fiscal years 1998 and 1999	12871
under division (D) of section 3317.03 of the Revised Code in lieu	12872
of formula ADM for fiscal years 1998 and 1999.	12873

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	12874
district's average daily membership reported for the applicable	12875
fiscal year under the version of division (A) of section 3317.03	12876
of the Revised Code in effect during that fiscal year, adjusted as	12877
follows:	12878

(1) Minus the average daily membership of handicapped	12879
preschool children;	12880

(2) Minus one-half of the average daily membership attending	12881
kindergarten;	12882

(3) Minus three-fourths of the average daily membership	12883
attending a joint vocational school district;	12884

(4) Plus the average daily membership entitled under section	12885
3313.64 or 3313.65 of the Revised Code to attend school in the	12886
district but receiving educational services in approved units from	12887
an educational service center or another school district under a	12888
compact or a cooperative education agreement, as determined by the	12889
department;	12890

(5) Minus the average daily membership receiving educational	12891
services from the district in approved units but entitled under	12892
section 3313.64 or 3313.65 of the Revised Code to attend school in	12893
another school district, as determined by the department.	12894

(F)(1) "Category one special education ADM" means the average	12895
daily membership of handicapped children receiving special	12896
education services for those handicaps the handicap specified in	12897
division (A) of section 3317.013 of the Revised Code and reported	12898
under division (B)(5) or (D)(2)(b) of section 3317.03 of the	12899
Revised Code.	12900

(2) "Category two special education ADM" means the average	12901
daily membership of handicapped children receiving special	12902
education services for those handicaps specified in division (B)	12903
of section 3317.013 of the Revised Code and reported under	12904
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	12905
Code.	12906

(3) "Category three special education ADM" means the average	12907
daily membership of students receiving special education services	12908
for students identified as autistic, having traumatic brain	12909
injuries, or as both visually and hearing disabled as these terms	12910
are defined pursuant to Chapter 3323. those handicaps specified in	12911
division (C) of section 3317.013 of the Revised Code, and reported	12912
under division (B)(7) or (D)(2)(d) of section 3317.03 of the	12913
Revised Code.	12914

(4) "Category four special education ADM" means the average	12915
daily membership of students receiving special education services	12916
for those handicaps specified in division (D) of section 3317.013	12917
of the Revised Code and reported under division (B)(8) or	12918
(D)(2)(e) of section 3317.03 of the Revised Code.	12919

(5) "Category five special education ADM" means the average	12920
daily membership of students receiving special education services	12921
for those handicaps specified in division (E) of section 3317.013	12922
of the Revised Code and reported under division (B)(9) or	12923
(D)(2)(f) of section 3317.03 of the Revised Code.	12924

(6) "Category six special education ADM" means the average	12925
daily membership of students receiving special education services	12926
for those handicaps specified in division (F) of section 3317.013	12927
of the Revised Code and reported under division (B)(10) or	12928
(D)(2)(g) of section 3317.03 of the Revised Code.	12929

(7) "Category one vocational education ADM" means the	12930
average daily membership of students receiving vocational	12931
education services described in division (A) of section 3317.014	12932
of the Revised Code and reported under division (B)(8)(11) or	12933
(D)(2)(e)(h) of section 3317.03 of the Revised Code.	12934

(5)(8) "Category two vocational education ADM" means the	12935
average daily membership of students receiving vocational	12936
education services described in division (B) of section 3317.014	12937
of the Revised Code and reported under division (B)(9)(12) or	12938
(D)(2)(f)(i) of section 3317.03 of the Revised Code.	12939

(G) "Handicapped preschool child" means a handicapped child,	12940
as defined in section 3323.01 of the Revised Code, who is at least	12941
age three but is not of compulsory school age, as defined in	12942
section 3321.01 of the Revised Code, and who is not currently	12943
enrolled in kindergarten.	12944

(H) "County MR/DD board" means a county board of mental	12945
retardation and developmental disabilities.	12946

(I) "Recognized valuation" means the amount calculated for a	12947
school district pursuant to section 3317.015 of the Revised Code.	12948

(J) "Transportation ADM" means the number of children	12949
reported under division (B)(10)(13) of section 3317.03 of the	12950
Revised Code.	12951

(K) "Average efficient transportation use cost per student"	12952
means a statistical representation of transportation costs as	12953
calculated under division (D)(2) of section 3317.022 of the	12954
Revised Code.	12955

(L) "Taxes charged and payable" means the taxes charged and	12956
payable against real and public utility property after making the	12957
reduction required by section 319.301 of the Revised Code, plus	12958
the taxes levied against tangible personal property.	12959

(M) "Total taxable value" means the sum of the amounts	12960
certified for a city, local, exempted village, or joint vocational	12961
school district under divisions (A)(1) and (2) of section 3317.021	12962
of the Revised Code.	12963

(N)(1) "Cost-of-doing-business factor" means the amount	12964
indicated in this division for the county in which a city, local,	12965
exempted village, or joint vocational school district is located,	12966
adjusted in accordance with division (N)(2) of this section. If a	12967
city, local, or exempted village school district is located in	12968
more than one county, the factor is the amount indicated for the	12969
county to which the district is assigned by the state department	12970
of education. If a joint vocational school district is located in	12971
more than one county, the factor is the amount indicated for the	12972
county in which the joint vocational school with the greatest	12973
formula ADM operated by the district is located.	12974

(2) As used in this division, "multiplier" means the number	13065
for the corresponding fiscal year as follows:	13066

Beginning in fiscal year 1998, the department shall annually	13076
adjust the cost-of-doing-business factor for each county in	13077
accordance with the following formula:	13078

[(The cost-of-doing-business factor specified under

13079

division (N)(1) of this section - 1) X (the multiplier

13080

for the fiscal year of the calculation)] + 1

13081

The result of such formula shall be the adjusted	13082
cost-of-doing-business factor for that fiscal year.	13083

(O) "Tax exempt value" of a school district means the amount	13084
certified for a school district under division (A)(4) of section	13085
3317.021 of the Revised Code.	13086

(P) "Potential value" of a school district means the adjusted	13087
total taxable value recognized valuation of a school district plus	13088
the tax exempt value of the district.	13089

(Q) "District median income" means the median Ohio adjusted	13090
gross income certified for a school district. On or before the	13091
first day of July of each year, the tax commissioner shall certify	13092
to the department of education for each city, exempted village,	13093
and local school district the median Ohio adjusted gross income of	13094
the residents of the school district determined on the basis of	13095
tax returns filed for the second preceding tax year by the	13096
residents of the district.	13097

(R) "Statewide median income" means the median district	13098
median income of all city, exempted village, and local school	13099
districts in the state.	13100

(S) "Income factor" for a city, exempted village, or local	13101
school district means the quotient obtained by dividing that	13102
district's median income by the statewide median income.	13103

(T) Except as provided in division (B)(3) of section	13104
3317.012 of the Revised Code, "valuation per pupil" for a city,	13105
exempted village, or local school district means the district's	13106
recognized valuation divided by the greater of the district's	13107
formula ADM or three-year average formula ADM.	13108

(U) Except as provided in section 3317.0213 of the Revised	13109
Code, "adjusted valuation per pupil" means the amount calculated	13110
in accordance with the following formula:	13111

District valuation per pupil - [$60,000 X

13112

(1 - district income factor)]

13113

If the result of such formula is negative, the adjusted	13114
valuation per pupil shall be zero.	13115

(V) "Income adjusted valuation" means the product obtained by	13116
multiplying the school district's adjusted valuation per pupil by	13117
the greater of the district's formula ADM or three-year average	13118
formula ADM.	13119

(W) Except as provided in division (A)(2) of section	13120
3317.022 of the Revised Code, "adjusted total taxable value" means	13121
one of the following:	13122

(1) In any fiscal year that a school district's income	13123
factor is less than or equal to one, the amount calculated under	13124
the following formula:	13125

(Income adjusted valuation X multiple) +

13126

[recognized valuation X (1-multiple)]

13127

Where "multiple" means the number for the corresponding	13128
fiscal year as follows:	13129

(2) In fiscal year 1999, if a school district's income	13134
factor is greater than one, the amount calculated under the	13135
following formula:	13136

(Income adjusted valuation X 1/15)

13137

+ (recognized valuation X 14/15)

13138

Thereafter, the adjusted total taxable value of a district	13139
with an income factor greater than one shall be its recognized	13140
valuation.	13141

Sec. 3317.021.  (A) On or before the first day of June of	13142
each year, the tax commissioner shall certify to the department of	13143
education the following information for each city, exempted	13144
village, and local school district, and the information required	13145
by divisions (A)(1) and (2) of this section for each joint	13146
vocational school district, and it shall be used, along with the	13147
information certified under division (B) of this section, in	13148
making the computations for the district under section sections	13149
3317.022 and 3317.0217 or section 3317.16 of the Revised Code:	13150

(1) The taxable value of real and public utility real	13151
property in the school district subject to taxation in the	13152
preceding tax year, by class and by county of location;	13153

(2) The taxable value of tangible personal property,	13154
including public utility personal property, subject to taxation by	13155
the district for the preceding tax year;	13156

(3)(a) The total property tax rate and total taxes charged	13157
and payable for the current expenses for the preceding tax year	13158
and the total property tax rate and the total taxes charged and	13159
payable to a joint vocational district for the preceding tax year	13160
that are limited to or to the extent apportioned to current	13161
expenses;	13162

(b) The portion of the amount of taxes charged and payable	13163
reported for each city, local, and exempted village school	13164
district under division (A)(3)(a) of this section attributable to	13165
a joint vocational school district.	13166

(4) The value of all real and public utility real property	13167
in the school district exempted from taxation minus both of the	13168
following:	13169

(a) The value of real and public utility real property in	13170
the district owned by the United States government and used	13171
exclusively for a public purpose;	13172

(b) The value of real and public utility real property in	13173
the district exempted from taxation under Chapter 725. or 1728. or	13174
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	13175
5709.73, or 5709.78 of the Revised Code.	13176

(5) The total effective operating tax rate for the district	13177
in the tax year for which the most recent data are available	13178
federal adjusted gross income of the residents of the school	13179
district, based on tax returns filed by the residents of the	13180
district, for the most recent year for which this information is	13181
available.	13182

(B) On or before the first day of May each year, the tax	13183
commissioner shall certify to the department of education the	13184
total taxable real property value of railroads and, separately,	13185
the total taxable tangible personal property value of all public	13186
utilities for the preceding tax year, by school district and by	13187
county of location.	13188

(C) If a public utility has properly and timely filed a	13189
petition for reassessment under section 5727.47 of the Revised	13190
Code with respect to an assessment issued under section 5727.23 of	13191
the Revised Code affecting taxable property apportioned by the tax	13192
commissioner to a school district, the taxable value of public	13193
utility tangible personal property included in the certification	13194
under divisions (A)(2) and (B) of this section for the school	13195
district shall include only the amount of taxable value on the	13196
basis of which the public utility paid tax for the preceding year	13197
as provided in division (B)(1) or (2) of section 5727.47 of the	13198
Revised Code.	13199

(D) If on the basis of the information certified under	13200
division (A) of this section, the department determines that any	13201
district fails in any year to meet the qualification requirement	13202
specified in division (A) of section 3317.01 of the Revised Code,	13203
the department shall immediately request the tax commissioner to	13204
determine the extent to which any school district income tax	13205
levied by the district under Chapter 5748. of the Revised Code	13206
shall be included in meeting that requirement. Within five days	13207
of receiving such a request from the department, the tax	13208
commissioner shall make the determination required by this	13209
division and report the quotient obtained under division (D)(3) of	13210
this section to the department. This quotient represents the	13211
number of mills that the department shall include in determining	13212
whether the district meets the qualification requirement of	13213
division (A) of section 3317.01 of the Revised Code.	13214

The tax commissioner shall make the determination required by	13215
this division as follows:	13216

(1) Multiply one mill times the total taxable value of the	13217
district as determined in divisions (A)(1) and (2) of this	13218
section;	13219

(2) Estimate the total amount of tax liability for the	13220
current tax year under taxes levied by Chapter 5748. of the	13221
Revised Code that are apportioned to current operating expenses of	13222
the district;	13223

(3) Divide the amount estimated under division (D)(2) of	13224
this section by the product obtained under division (D)(1) of this	13225
section.	13226

(E) As used in this section:

13227

(1) "Class I taxes charged and payable for current expenses"	13228
means taxes charged and payable for current expenses on land and	13229
improvements classified as residential/agricultural real property	13230
under section 5713.041 of the Revised Code.	13231

(2) "Class I taxable value" means the taxable value of land	13232
and improvements classified as residential/agricultural real	13233
property under section 5713.041 of the Revised Code.	13234

(3) "Class I effective operating tax rate" of a school	13235
district means the quotient obtained by dividing the school	13236
district's Class I taxes charged and payable for current expenses	13237
by the district's Class I taxable value.	13238

(4) "Income tax equivalent tax rate" of a school district	13239
means the quotient obtained by dividing the income tax revenue	13240
disbursed during the current fiscal year under any tax levied	13241
pursuant to Chapter 5748. of the Revised Code by total taxable	13242
value of the district to the extent the revenue from the tax is	13243
allocated or apportioned to current expenses.	13244

(5) "Total effective operating tax rate" means the sum of	13245
the Class I effective operating tax rate and the income tax	13246
equivalent tax rate.	13247

Sec. 3317.022.  (A)(1) The department of education shall	13248
compute and distribute state base cost funding to each school	13249
district for the fiscal year in accordance with the following	13250
formula, using adjusted total taxable value as defined in section	13251
3317.02 of the Revised Code or making any adjustment required by	13252
division (A)(2) of this section and using the information obtained	13253
under section 3317.021 of the Revised Code in the calendar year in	13254
which the fiscal year begins.	13255

Compute the following for each eligible district:

13256

[cost-of-doing-business factor X

13257

the formula amount X (the greater of formula ADM

13258

or three-year average formula ADM)] -

13259

(.023 X adjusted total taxable value recognized valuation)

13260

If the difference obtained is a negative number, the	13261
district's computation shall be zero.	13262

(2)(a) For each school district for which the tax exempt	13263
value of the district equals or exceeds twenty-five per cent of	13264
the potential value of the district, the department of education	13265
shall calculate the difference between the district's tax exempt	13266
value and twenty-five per cent of the district's potential value.	13267

(b) For each school district to which division (A)(2)(a) of	13268
this section applies, the adjusted total taxable value department	13269
shall adjust the recognized valuation used in the calculation	13270
under division (A)(1) of this section shall be the adjusted total	13271
taxable value modified by subtracting from it the amount	13272
calculated under division (A)(2)(a) of this section.	13273

(B) As used in this section:

13274

(1) The "total special education weight" for a district	13275
means the sum of the following amounts:	13276

(a) The district's category one special education ADM	13277
multiplied by the multiple specified under in division (A) of	13278
section 3317.013 of the Revised Code;	13279

(b) The sum of the district's category two and category	13280
three special education ADMs ADM multiplied by the multiple	13281
specified under in division (B) of section 3317.013 of the Revised	13282
Code;	13283

(c) The district's category three special education ADM	13284
multiplied by the multiple specified in division (C) of section	13285
3317.013 of the Revised Code;	13286

(d) The district's category four special education ADM	13287
multiplied by the multiple specified in division (D) of section	13288
3317.013 of the Revised Code;	13289

(e) The district's category five special education ADM	13290
multiplied by the multiple specified in division (E) of section	13291
3317.013 of the Revised Code;	13292

(f) The district's category six special education ADM	13293
multiplied by the multiple specified in division (F) of section	13294
3317.013 of the Revised Code.	13295

(2) "State share percentage" means the percentage calculated	13296
for a district as follows:	13297

(a) Calculate the state base cost funding amount for the	13298
district for the fiscal year under division (A) of this section.	13299
If the district would not receive any state base cost funding for	13300
that year under that division, the district's state share	13301
percentage is zero.	13302

(b) If the district would receive state base cost funding	13303
under that division, divide that amount by an amount equal to the	13304
following:	13305

Cost-of-doing-business factor X

13306

the formula amount X (the greater of formula

13307

ADM or three-year average formula ADM)

13308

The resultant number is the district's state share	13309
percentage.	13310

(3) "Related services" includes:

13311

(a) Child study, special education supervisors and	13312
coordinators, speech and hearing services, adaptive physical	13313
development services, occupational or physical therapy, teacher	13314
assistants for handicapped children whose handicaps are described	13315
in division (B) of section 3317.013 or division (F)(3) of section	13316
3317.02 of the Revised Code, behavioral intervention, interpreter	13317
services, work study, nursing services, and specialized	13318
integrative services as those terms are defined by the department;	13319

(b) Speech and language services provided to any student	13320
with a handicap, including any student whose primary or only	13321
handicap is a speech and language handicap;	13322

(c) Any related service not specifically covered by other	13323
state funds but specified in federal law, including but not	13324
limited to, audiology and school psychological services;	13325

(d) Any service included in units funded under former	13326
division (O)(1) of section 3317.023 of the Revised Code;	13327

(e) Any other related service needed by handicapped children	13328
in accordance with their individualized education plans.	13329

(4) The "total vocational education weight" for a district	13330
means the sum of the following amounts:	13331

(a) The district's category one vocational education ADM	13332
multiplied by the multiple specified in division (A) of section	13333
3317.014 of the Revised Code;	13334

(b) The district's category two vocational education ADM	13335
multiplied by the multiple specified in division (B) of section	13336
3317.014 of the Revised Code.	13337

(C)(1) The department shall compute and distribute state	13338
special education and related services additional weighted costs	13339
funds to each school district in accordance with the following	13340
formula:	13341

The district's state share percentage

13342

X the formula amount for the year

13343

for which the aid is calculated

13344

X the district's total special education weight

13345

(2) In any fiscal year, a school district receiving funds	13346
under division (C)(1) of this section shall spend on related	13347
services the lesser of the following:	13348

(a) The amount the district spent on related services in the	13349
preceding fiscal year;	13350

(b) 1/8 X {[cost-of-doing-business factor X the formula	13351
amount X (the category one special education ADM + category two	13352
special education ADM + category three special education ADM)] +	13353
the amount calculated for the fiscal year under division (C)(1) of	13354
this section + the local share of special education and related	13355
services additional weighted costs}.	13356

(3) The attributed local share of special education and	13357
related services additional weighted costs equals:	13358

(1 - the district's state share percentage) X

13359

the district's total special education weight X

13360

the formula amount

13361

(4)(3) The department shall compute and pay in accordance	13362
with this division additional state aid to school districts for	13363
students in category three categories two through six special	13364
education ADM. If a district's costs for the fiscal year for a	13365
student in its category three categories two through six special	13366
education ADM are twenty-five thousand dollars or more, the	13367
district may submit to the superintendent of public instruction	13368
documentation, as prescribed by the superintendent, of all its	13369
costs for that student. Upon submission of documentation for a	13370
student of the type and in the manner prescribed, the department	13371
shall pay to the district an amount equal to the sum of the	13372
following:	13373

(a) One-half of the district's costs for the student in	13374
excess of twenty-five thousand dollars;	13375

(b) The product of one-half of the district's costs for the	13376
student in excess of twenty-five thousand dollars multiplied by	13377
the district's state share percentage.	13378

The district shall only report, and the department shall only	13379
pay for, the costs of educational expenses and the related	13380
services provided to the student in accordance with the student's	13381
individualized education program. Any legal fees, court costs, or	13382
other costs associated with any cause of action relating to the	13383
student may not be included in the amount.	13384

(5)(4)(a) As used in this division, the "personnel	13385
allowance" means twenty-five thousand dollars in fiscal year 2000	13386
and thirty thousand dollars in fiscal year 2001 years 2002 and	13387
2003.	13388

(b) For the provision of speech services to students,	13389
including students who do not have individualized education	13390
programs prepared for them under Chapter 3323. of the Revised	13391
Code, and for no other purpose, the department of education shall	13392
pay each school district an amount calculated under the following	13393
formula:	13394

(formula ADM divided by 2000) X

13395

the personnel allowance X the state share percentage

13396

(6)(5) In any fiscal year, a school district receiving funds	13397
under division (C)(1) of this section shall spend those funds only	13398
for the purposes that the department designates as approved for	13399
special education and related services expenses at least the	13400
amount calculated as follows:	13401

(cost-of-doing-business factor X

13402

formula amount X the sum of categories

13403

one through six special education ADM) +

13404

(total special education weight X formula amount)

13405

The purposes approved by the department for special education	13406
expenses shall include, but shall not be limited to,	13407
identification of handicapped children, compliance with state	13408
rules governing the education of handicapped children and	13409
prescribing the continuum of program options for handicapped	13410
children, and the portion of the school district's overall	13411
administrative and overhead costs that are attributable to the	13412
district's special education student population.	13413

The department shall require school districts to report data	13414
annually to allow for monitoring compliance with division (C)(5)	13415
of this section. The department shall annually report to the	13416
governor and the general assembly the amount of money spent by	13417
each school district for special education and related services.	13418

(D)(1) As used in this division:

13419

(a) "Daily bus miles per student" equals the number of bus	13420
miles traveled per day, divided by transportation base.	13421

(b) "Transportation base" equals total student count as	13422
defined in section 3301.011 of the Revised Code, minus the number	13423
of students enrolled in preschool handicapped units, plus the	13424
number of nonpublic school students included in transportation	13425
ADM.	13426

(c) "Transported student percentage" equals transportation	13427
ADM divided by transportation base.	13428

(d) "Transportation cost per student" equals total operating	13429
costs for board-owned or contractor-operated school buses divided	13430
by transportation base.	13431

(2) Analysis of student transportation cost data has	13432
resulted in a finding that an average efficient transportation use	13433
cost per student can be calculated by means of a regression	13434
formula that has as its two independent variables the number of	13435
daily bus miles per student and the transported student	13436
percentage. For fiscal year 1998 transportation cost data, the	13437
average efficient transportation use cost per student is expressed	13438
as follows:	13439

51.79027 + (139.62626 X daily bus miles per student) +

13440

(116.25573 X transported student percentage)

13441

The department of education shall annually determine the	13442
average efficient transportation use cost per student in	13443
accordance with the principles stated in division (D)(2) of this	13444
section, updating the intercept and regression coefficients of the	13445
regression formula modeled in this division, based on an annual	13446
statewide analysis of each school district's daily bus miles per	13447
student, transported student percentage, and transportation cost	13448
per student data. The department shall conduct the annual update	13449
using data, including daily bus miles per student, transported	13450
student percentage, and transportation cost per student data, from	13451
the prior fiscal year. The department shall notify the office of	13452
budget and management of such update by the fifteenth day of	13453
February of each year.	13454

(3) In addition to funds paid under divisions (A), (C), and	13455
(E) of this section, each district with a transported student	13456
percentage greater than zero shall receive a payment equal to a	13457
percentage of the product of the district's transportation base	13458
from the prior fiscal year times the annually updated average	13459
efficient transportation use cost per student, times an inflation	13460
factor of two and eight tenths per cent to account for the	13461
one-year difference between the data used in updating the formula	13462
and calculating the payment and the year in which the payment is	13463
made. The percentage shall be the following percentage of that	13464
product specified for the corresponding fiscal year:	13465

The payments made under division (D)(3) of this section each	13471
year shall be calculated based on all of the same prior year's	13472
data used to update the formula.	13473

(4) In addition to funds paid under divisions (D)(2) and (3)	13474
of this section, a school district shall receive a rough road	13475
subsidy if both of the following apply:	13476

(a) Its county rough road percentage is higher than the	13477
statewide rough road percentage, as those terms are defined in	13478
division (D)(5) of this section;	13479

(b) Its district student density is lower than the statewide	13480
student density, as those terms are defined in that division.	13481

(5) The rough road subsidy paid to each district meeting the	13482
qualifications of division (D)(4) of this section shall be	13483
calculated in accordance with the following formula:	13484

(per rough mile subsidy X total rough road miles) X

13485

density multiplier

13486

where:

13487

(a) "Per rough mile subsidy" equals the amount calculated in	13488
accordance with the following formula:	13489

0.75 - {0.75 X [(maximum rough road percentage -

13490

county rough road percentage)/(maximum rough road percentage -

13492

statewide rough road percentage)]}

13493

(i) "Maximum rough road percentage" means the highest county	13494
rough road percentage in the state.	13495

(ii) "County rough road percentage" equals the percentage of	13496
the mileage of state, municipal, county, and township roads that	13497
is rated by the department of transportation as type A, B, C, E2,	13498
or F in the county in which the school district is located or, if	13499
the district is located in more than one county, the county to	13500
which it is assigned for purposes of determining its	13501
cost-of-doing-business factor.	13502

(iii) "Statewide rough road percentage" means the percentage	13503
of the statewide total mileage of state, municipal, county, and	13504
township roads that is rated as type A, B, C, E2, or F by the	13505
department of transportation.	13506

(b) "Total rough road miles" means a school district's total	13507
bus miles traveled in one year times its county rough road	13508
percentage.	13509

(c) "Density multiplier" means a figure calculated in	13510
accordance with the following formula:	13511

1 - [(minimum student density - district student

13512

density)/(minimum student density -

13513

statewide student density)]

13514

(i) "Minimum student density" means the lowest district	13515
student density in the state.	13516

(ii) "District student density" means a school district's	13517
transportation base divided by the number of square miles in the	13518
district.	13519

(iii) "Statewide student density" means the sum of the	13520
transportation bases for all school districts divided by the sum	13521
of the square miles in all school districts.	13522

(6) In addition to funds paid under divisions (D)(2) to (5)	13523
of this section, each district shall receive in accordance with	13524
rules adopted by the state board of education a payment for	13525
students transported by means other than board-owned or	13526
contractor-operated buses and whose transportation is not funded	13527
under division (J) of section 3317.024 of the Revised Code. The	13528
rules shall include provisions for school district reporting of	13529
such students.	13530

(7) Notwithstanding divisions (D)(1) to (6) of this section,	13531
in fiscal year 2000 only, each school district shall receive the	13532
greater of the total amount calculated for it under those	13533
divisions and division (J) of section 3317.024 of the Revised Code	13534
or the total amount calculated for it for types one through six	13535
student transportation operating funds in fiscal year 1999. For	13536
purposes of division (D)(7) of this section, the fiscal year 1999	13537
guaranteed total amount does not include subsidies for school bus	13538
purchases.	13539

(E)(1) The department shall compute and distribute state	13540
vocational education additional weighted costs funds to each	13541
school district in accordance with the following formula:	13542

state share percentage X

13543

the formula amount X

13544

total vocational education weight

13545

In any fiscal year, a school district receiving funds under	13546
division (E)(1) of this section shall spend those funds only for	13547
the purposes that the department designates as approved for	13548
vocational education expenses.	13549

(2) The department shall compute for each school district	13550
state funds for vocational education associated services in	13551
accordance with the following formula:	13552

state share percentage X .05 X

13553

the formula amount X the sum of categories one and two

13554

vocational education ADM

13555

In any fiscal year, a school district receiving funds under	13556
division (E)(2) of this section, or through a transfer of funds	13557
pursuant to division (L) of section 3317.023 of the Revised Code,	13558
shall spend those funds only for the purposes that the department	13559
designates as approved for vocational education associated	13560
services expenses, which may include such purposes as	13561
apprenticeship coordinators, coordinators for other vocational	13562
education services, vocational evaluation, and other purposes	13563
designated by the department. The department may deny payment	13564
under division (E)(2) of this section to any district that the	13565
department determines is not operating those services or is using	13566
funds paid under division (E)(2) of this section, or through a	13567
transfer of funds pursuant to division (L) of section 3317.023 of	13568
the Revised Code, for other purposes.	13569

In fiscal years 2000 and 2001, each school district shall	13570
continue to offer the same number of the vocational education	13571
programs that the district offered in fiscal year 1999, unless the	13572
department of education expressly agrees that the district may	13573
offer fewer programs in either fiscal year 2000 or 2001 or both.	13574

(F) Beginning in fiscal year 2003, the actual local share in	13575
any fiscal year for the combination of special education and	13576
related services additional weighted costs funding calculated	13577
under division (C)(1) of this section, transportation funding	13578
calculated under divisions (D)(2) and (3) of this section, and	13579
vocational education and associated services additional weighted	13580
costs funding calculated under divisions (E)(1) and (2) of this	13581
section shall not exceed for any school district the product of	13582
three mills times the district's recognized valuation. Beginning	13583
in fiscal year 2003, the department annually shall pay each school	13584
district as an excess cost supplement any amount by which the sum	13585
of the district's attributed local shares for that funding exceeds	13586
that product. For purposes of calculating the excess cost	13587
supplement:	13588

(1) The attributed local share for special education and	13589
related services additional weighted costs funding is the amount	13590
specified in division (C)(2) of this section.	13591

(2) The attributed local share of transportation funding	13592
equals the difference of the total amount calculated for the	13593
district using the formula developed under division (D)(2) of this	13594
section minus the actual amount paid to the district after	13595
applying the percentage specified in division (D)(3) of this	13596
section.	13597

(3) The attributed local share of vocational education and	13598
associated services additional weighted costs funding is the	13599
amount determined as follows:	13600

(1 - state share percentage) X

13601

[(total vocational education weight X the formula amount) +

13602

the payment under division (E)(2) of this section]

13603

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	13604
Revised Code, the amounts required to be paid to a district under	13605
this chapter shall be adjusted by the amount of the computations	13606
made under divisions (B) to (K)(L) of this section.	13607

As used in this section:

13608

(1) "Classroom teacher" means a licensed employee who	13609
provides direct instruction to pupils, excluding teachers funded	13610
from money paid to the district from federal sources; educational	13611
service personnel; and vocational and special education teachers.	13612

(2) "Educational service personnel" shall not include such	13613
specialists funded from money paid to the district from federal	13614
sources or assigned full-time to vocational or special education	13615
students and classes and may only include those persons employed	13616
in the eight specialist areas in a pattern approved by the	13617
department of education under guidelines established by the state	13618
board of education.	13619

(3) "Annual salary" means the annual base salary stated in	13620
the state minimum salary schedule for the performance of the	13621
teacher's regular teaching duties that the teacher earns for	13622
services rendered for the first full week of October of the fiscal	13623
year for which the adjustment is made under division (C) of this	13624
section. It shall not include any salary payments for	13625
supplemental teachers contracts.	13626

(4) "Regular student population" means the formula ADM plus	13627
the number of students reported as enrolled in the district	13628
pursuant to division (A)(1) of section 3313.981 of the Revised	13629
Code; minus the number of students reported under division (A)(2)	13630
of section 3317.03 of the Revised Code; minus the FTE of students	13631
reported under division (B)(5), (6), (7), (8), or (9), (10), (11),	13632
or (12) of that section who are enrolled in a vocational education	13633
class or receiving special education; and minus one-fourth of the	13634
students enrolled concurrently in a joint vocational school	13635
district.	13636

(5) "State share percentage" has the same meaning as in	13637
section 3317.022 of the Revised Code.	13638

(6) "VEPD" means a school district or group of school	13639
districts designated by the department of education as being	13640
responsible for the planning for and provision of vocational	13641
education services to students within the district or group.	13642

(7) "Lead district" means a school district, including a	13643
joint vocational school district, designated by the department as	13644
a VEPD, or designated to provide primary vocational education	13645
leadership within a VEPD composed of a group of districts.	13646

(B) If the district employs less than one full-time	13647
equivalent classroom teacher for each twenty-five pupils in the	13648
regular student population in any school district, deduct the sum	13649
of the amounts obtained from the following computations:	13650

(1) Divide the number of the district's full-time equivalent	13651
classroom teachers employed by one twenty-fifth;	13652

(2) Subtract the quotient in (1) from the district's regular	13653
student population;	13654

(3) Multiply the difference in (2) by seven hundred	13655
fifty-two dollars.	13656

(C) If a positive amount, add one-half of the amount	13657
obtained by multiplying the number of full-time equivalent	13658
classroom teachers by:	13659

(1) The mean annual salary of all full-time equivalent	13660
classroom teachers employed by the district at their respective	13661
training and experience levels minus;	13662

(2) The mean annual salary of all such teachers at their	13663
respective levels in all school districts receiving payments under	13664
this section.	13665

The number of full-time equivalent classroom teachers used in	13666
this computation shall not exceed one twenty-fifth of the	13667
district's regular student population. In calculating the	13668
district's mean salary under this division, those full-time	13669
equivalent classroom teachers with the highest training level	13670
shall be counted first, those with the next highest training level	13671
second, and so on, in descending order. Within the respective	13672
training levels, teachers with the highest years of service shall	13673
be counted first, the next highest years of service second, and so	13674
on, in descending order.	13675

(D) This division does not apply to a school district that	13676
has entered into an agreement under division (A) of section	13677
3313.42 of the Revised Code. Deduct the amount obtained from the	13678
following computations if the district employs fewer than five	13679
full-time equivalent educational service personnel, including	13680
elementary school art, music, and physical education teachers,	13681
counselors, librarians, visiting teachers, school social workers,	13682
and school nurses for each one thousand pupils in the regular	13683
student population:	13684

(1) Divide the number of full-time equivalent educational	13685
service personnel employed by the district by five	13686
one-thousandths;	13687

(2) Subtract the quotient in (1) from the district's regular	13688
student population;	13689

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

13690

(E) If a local school district, or a city or exempted	13691
village school district to which a governing board of an	13692
educational service center provides services pursuant to section	13693
3313.843 of the Revised Code, deduct the amount of the payment	13694
required for the reimbursement of the governing board under	13695
section 3317.11 of the Revised Code.	13696

(F)(1) If the district is required to pay to or entitled to	13697
receive tuition from another school district under division (C)(2)	13698
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	13699
or if the superintendent of public instruction is required to	13700
determine the correct amount of tuition and make a deduction or	13701
credit under section 3317.08 of the Revised Code, deduct and	13702
credit such amounts as provided in division (I) of section 3313.64	13703
or section 3317.08 of the Revised Code.	13704

(2) For each child for whom the district is responsible for	13705
tuition or payment under division (A)(1) of section 3317.082 or	13706
section 3323.091 of the Revised Code, deduct the amount of tuition	13707
or payment for which the district is responsible.	13708

(G) If the district has been certified by the superintendent	13709
of public instruction under section 3313.90 of the Revised Code as	13710
not in compliance with the requirements of that section, deduct an	13711
amount equal to ten per cent of the amount computed for the	13712
district under section 3317.022 of the Revised Code.	13713

(H) If the district has received a loan from a commercial	13714
lending institution for which payments are made by the	13715
superintendent of public instruction pursuant to division (E)(3)	13716
of section 3313.483 of the Revised Code, deduct an amount equal to	13717
such payments.	13718

(I)(1) If the district is a party to an agreement entered	13719
into under division (D), (E), or (F) of section 3311.06 or	13720
division (B) of section 3311.24 of the Revised Code and is	13721
obligated to make payments to another district under such an	13722
agreement, deduct an amount equal to such payments if the district	13723
school board notifies the department in writing that it wishes to	13724
have such payments deducted.	13725

(2) If the district is entitled to receive payments from	13726
another district that has notified the department to deduct such	13727
payments under division (I)(1) of this section, add the amount of	13728
such payments.	13729

(J) If the district is required to pay an amount of funds to	13730
a cooperative education district pursuant to a provision described	13731
by division (B)(4) of section 3311.52 or division (B)(8) of	13732
section 3311.521 of the Revised Code, deduct such amounts as	13733
provided under that provision and credit those amounts to the	13734
cooperative education district for payment to the district under	13735
division (B)(1) of section 3317.19 of the Revised Code.	13736

(K)(1) If a district is educating a student entitled to	13737
attend school in another district pursuant to a shared education	13738
contract, compact, or cooperative education agreement other than	13739
an agreement entered into pursuant to section 3313.842 of the	13740
Revised Code, credit to that educating district on an FTE basis	13741
both of the following:	13742

(a) An amount equal to the formula amount times the cost of	13743
doing business factor of the school district where the student is	13744
entitled to attend school pursuant to section 3313.64 or 3313.65	13745
of the Revised Code;	13746

(b) An amount equal to the formula amount times the state	13747
share percentage times any multiple applicable to the student	13748
pursuant to section 3317.013 or 3317.014 of the Revised Code.	13749

(2) Deduct any amount credited pursuant to division (K)(1)	13750
of this section from amounts paid to the school district in which	13751
the student is entitled to attend school pursuant to section	13752
3313.64 or 3313.65 of the Revised Code.	13753

(3) If the district is required by a shared education	13754
contract, compact, or cooperative education agreement to make	13755
payments to an educational service center, deduct the amounts from	13756
payments to the district and add them to the amounts paid to the	13757
service center pursuant to section 3317.11 of the Revised Code.	13758

(L)(1) If a district, including a joint vocational school	13759
district, is a lead district of a VEPD, credit to that district	13760
the amounts calculated for all the school districts within that	13761
VEPD pursuant to division (E)(2) of section 3317.022 of the	13762
Revised Code.	13763

(2) Deduct from each appropriate district that is not a lead	13764
district, the amount attributable to that district that is	13765
credited to a lead district under division (L)(1) of this section.	13766

Sec. 3317.024.  In addition to the moneys paid to eligible	13767
school districts pursuant to section 3317.022 of the Revised Code,	13768
moneys appropriated for the education programs in divisions (A) to	13769
(H), (J) to (L), (O), (P), and (R) of this section shall be	13770
distributed to school districts meeting the requirements of	13771
section 3317.01 of the Revised Code; in the case of divisions (J)	13772
and (P) of this section, to educational service centers as	13773
provided in section 3317.11 of the Revised Code; in the case of	13774
divisions (E), (M), and (N) of this section, to county MR/DD	13775
boards; in the case of division (R) of this section, to joint	13776
vocational school districts; in the case of division (K) of this	13777
section, to cooperative education school districts; and in the	13778
case of division (Q) of this section, to the institutions defined	13779
under section 3317.082 of the Revised Code providing elementary or	13780
secondary education programs to children other than children	13781
receiving special education under section 3323.091 of the Revised	13782
Code. The following shall be distributed monthly, quarterly, or	13783
annually as may be determined by the state board of education:	13784

(A) A per pupil amount to each school district that	13785
establishes a summer school remediation program that complies with	13786
rules of the state board of education.	13787

(B) An amount for each island school district and each joint	13788
state school district for the operation of each high school and	13789
each elementary school maintained within such district and for	13790
capital improvements for such schools. Such amounts shall be	13791
determined on the basis of standards adopted by the state board of	13792
education.	13793

(C) An amount for each school district operating classes for	13794
children of migrant workers who are unable to be in attendance in	13795
an Ohio school during the entire regular school year. The amounts	13796
shall be determined on the basis of standards adopted by the state	13797
board of education, except that payment shall be made only for	13798
subjects regularly offered by the school district providing the	13799
classes.	13800

(D) An amount for each school district with guidance,	13801
testing, and counseling programs approved by the state board of	13802
education. The amount shall be determined on the basis of	13803
standards adopted by the state board of education.	13804

(E) An amount for the emergency purchase of school buses as	13805
provided for in section 3317.07 of the Revised Code;	13806

(F) An amount for each school district required to pay	13807
tuition for a child in an institution maintained by the department	13808
of youth services pursuant to section 3317.082 of the Revised	13809
Code, provided the child was not included in the calculation of	13810
the district's average daily membership for the preceding school	13811
year.	13812

(G) In fiscal year 2000 only, an amount to each school	13813
district for supplemental salary allowances for each licensed	13814
employee except those licensees serving as superintendents,	13815
assistant superintendents, principals, or assistant principals,	13816
whose term of service in any year is extended beyond the term of	13817
service of regular classroom teachers, as described in section	13818
3301.0725 of the Revised Code;	13819

(H) An amount for adult basic literacy education for each	13820
district participating in programs approved by the state board of	13821
education. The amount shall be determined on the basis of	13822
standards adopted by the state board of education.	13823

(I) Notwithstanding section 3317.01 of the Revised Code, but	13824
only until June 30, 1999, to each city, local, and exempted	13825
village school district, an amount for conducting driver education	13826
courses at high schools for which the state board of education	13827
prescribes minimum standards and to joint vocational and	13828
cooperative education school districts and educational service	13829
centers, an amount for conducting driver education courses to	13830
pupils enrolled in a high school for which the state board	13831
prescribes minimum standards. No payments shall be made under	13832
this division after June 30, 1999.	13833

(J) An amount for the approved cost of transporting	13834
developmentally handicapped pupils whom it is impossible or	13835
impractical to transport by regular school bus in the course of	13836
regular route transportation provided by the district or service	13837
center. No district or service center is eligible to receive a	13838
payment under this division for the cost of transporting any pupil	13839
whom it transports by regular school bus and who is included in	13840
the district's transportation ADM. The state board of education	13841
shall establish standards and guidelines for use by the department	13842
of education in determining the approved cost of such	13843
transportation for each district or service center.	13844

(K) An amount to each school district, including each	13845
cooperative education school district, pursuant to section 3313.81	13846
of the Revised Code to assist in providing free lunches to needy	13847
children and an amount to assist needy school districts in	13848
purchasing necessary equipment for food preparation. The amounts	13849
shall be determined on the basis of rules adopted by the state	13850
board of education.	13851

(L) An amount to each school district, for each pupil	13852
attending a chartered nonpublic elementary or high school within	13853
the district. The amount shall equal the amount appropriated for	13854
the implementation of section 3317.06 of the Revised Code divided	13855
by the average daily membership in grades kindergarten through	13856
twelve in nonpublic elementary and high schools within the state	13857
as determined during the first full week in October of each school	13858
year.	13859

(M) An amount for each county MR/DD board, distributed on	13860
the basis of standards adopted by the state board of education,	13861
for the approved cost of transportation required for children	13862
attending special education programs operated by the county MR/DD	13863
board under section 3323.09 of the Revised Code;	13864

(N) An amount for each county MR/DD board, distributed on	13865
the basis of standards adopted by the state board of education,	13866
for supportive home services for preschool children;	13867

(O) An amount for each school district that establishes a	13868
mentor teacher program that complies with rules of the state board	13869
of education. No school district shall be required to establish	13870
or maintain such a program in any year unless sufficient funds are	13871
appropriated to cover the district's total costs for the program.	13872

(P) An amount to each school district or educational service	13873
center for the total number of gifted units approved pursuant to	13874
section 3317.05 of the Revised Code. The amount for each such	13875
unit shall be the sum of the minimum salary for the teacher of the	13876
unit, calculated on the basis of the teacher's training level and	13877
years of experience pursuant to the salary schedule prescribed in	13878
the version of section 3317.13 of the Revised Code in effect prior	13879
to the effective date of this amendment, plus fifteen per cent of	13880
that minimum salary amount, plus two thousand six hundred	13881
seventy-eight dollars.	13882

(Q) An amount to each institution defined under section	13883
3317.082 of the Revised Code providing elementary or secondary	13884
education to children other than children receiving special	13885
education under section 3323.091 of the Revised Code. This amount	13886
for any institution in any fiscal year shall equal the total of	13887
all tuition amounts required to be paid to the institution under	13888
division (A)(1) of section 3317.082 of the Revised Code.	13889

(R) A grant to each school district and joint vocational	13890
school district that operates a "graduation, reality, and	13891
dual-role skills" (GRADS) program for pregnant and parenting	13892
students that is approved by the department. The amount of the	13893
payment shall be the district's state share percentage, as defined	13894
in section 3317.022 or 3317.16 of the Revised Code, times the	13895
GRADS personnel allowance times the full-time-equivalent number of	13896
GRADS teachers approved by the department. The GRADS personnel	13897
allowance is $45,000 in fiscal year 2000 and $46,260 in fiscal	13898
year 2001 years 2002 and 2003.	13899

The state board of education or any other board of education	13900
or governing board may provide for any resident of a district or	13901
educational service center territory any educational service for	13902
which funds are made available to the board by the United States	13903
under the authority of public law, whether such funds come	13904
directly or indirectly from the United States or any agency or	13905
department thereof or through the state or any agency, department,	13906
or political subdivision thereof.	13907

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

13908

(1) "DPIA percentage" means the quotient obtained by dividing	13909
the five-year average number of children ages five to seventeen	13910
residing in the school district and living in a family receiving	13911
family assistance, as certified or adjusted under section 3317.10	13912
of the Revised Code, by the district's three-year average formula	13913
ADM.	13914

(2) "Family assistance" means assistance received under the	13915
Ohio works first program or, for the purpose of determining the	13916
five-year average number of recipients of family assistance in	13917
fiscal years 1999 through 2002, assistance received under an	13918
antecedent program known as TANF or ADC.	13919

(3) "Statewide DPIA percentage" means the five-year average	13920
of the total number of children ages five to seventeen years	13921
residing in the state and receiving family assistance, divided by	13922
the sum of the three-year average formula ADMs for all school	13923
districts in the state.	13924

(4) "DPIA index" means the quotient obtained by dividing the	13925
school district's DPIA percentage by the statewide DPIA	13926
percentage.	13927

(5) "Kindergarten ADM" means the number of students reported	13928
under section 3317.03 of the Revised Code as enrolled in	13929
kindergarten.	13930

(6) "Kindergarten through third grade ADM" means the amount	13931
calculated as follows:	13932

(a) Multiply the kindergarten ADM by the sum of one plus the	13933
all-day kindergarten percentage;	13934

(b) Add the number of students in grades one through three;

13935

(c) Subtract from the sum calculated under division	13936
(A)(6)(b) of this section the number of special education students	13937
in grades kindergarten through three.	13938

(7) "Statewide average teacher salary" means forty forty-two	13939
thousand one four hundred eighty-seven sixty-nine dollars in	13940
fiscal year 2000 2002, and forty-one forty-three thousand three	13941
six hundred twelve fifty-eight dollars in fiscal year 2001 2003,	13942
which includes an amount for the value of fringe benefits.	13943

(8) "All-day kindergarten" means a kindergarten class that is	13944
in session five days per week for not less than the same number of	13945
clock hours each day as for pupils in grades one through six.	13946

(9) "All-day kindergarten percentage" means the percentage of	13947
a district's actual total number of students enrolled in	13948
kindergarten who are enrolled in all-day kindergarten.	13949

(10) "Buildings with the highest concentration of need" means	13950
the school buildings in a district with percentages of students	13951
receiving family assistance in grades kindergarten through three	13952
at least as high as the district-wide percentage of students	13953
receiving family assistance. If, however, the information	13954
provided by the department of job and family services under	13955
section 3317.10 of the Revised Code is insufficient to determine	13956
the family assistance percentage in each building, "buildings with	13957
the highest concentration of need" has the meaning given in rules	13958
that the department of education shall adopt. The rules shall	13959
base the definition of "buildings with the highest concentration	13960
of need" on family income of students in grades kindergarten	13961
through three in a manner that, to the extent possible with	13962
available data, approximates the intent of this division and	13963
division (G) of this section to designate buildings where the	13964
family assistance percentage in those grades equals or exceeds the	13965
district-wide family assistance percentage.	13966

(B) In addition to the amounts required to be paid to a	13967
school district under section 3317.022 of the Revised Code, a	13968
school district shall receive the greater of the amount the	13969
district received in fiscal year 1998 pursuant to division (B) of	13970
section 3317.023 of the Revised Code as it existed at that time or	13971
the sum of the computations made under divisions (C) to (E) of	13972
this section.	13973

(C) A supplemental payment that may be utilized for measures	13974
related to safety and security and for remediation or similar	13975
programs, calculated as follows:	13976

(1) If the DPIA index of the school district is greater than	13977
or equal to thirty-five-hundredths, but less than one, an amount	13978
obtained by multiplying the five-year average number of pupils in	13979
a district receiving family assistance by two hundred thirty	13980
dollars;	13981

(2) If the DPIA index of the school district is greater than	13982
or equal to one, an amount obtained by multiplying the DPIA index	13983
by two hundred thirty dollars and multiplying that product by the	13984
five-year average number of pupils in a district receiving family	13985
assistance.	13986

Except as otherwise provided in division (F) of this section,	13987
beginning with the school year that starts July 1, 2002, each	13988
school district annually shall use at least twenty per cent of the	13989
funds calculated for the district under this division for	13990
intervention services required by section 3313.608 of the Revised	13991
Code.	13992

(D) A payment for all-day kindergarten if the DPIA index of	13993
the school district is greater than or equal to one or if the	13994
district's three-year average formula ADM exceeded seventeen	13995
thousand five hundred, calculated by multiplying the all-day	13996
kindergarten percentage by the kindergarten ADM and multiplying	13997
that product by the formula amount.	13998

(E) A class-size reduction payment based on calculating the	13999
number of new teachers necessary to achieve a lower	14000
student-teacher ratio, as follows:	14001

(1) Determine or calculate a formula number of teachers per	14002
one thousand students based on the DPIA index of the school	14003
district as follows:	14004

(a) If the DPIA index of the school district is less than	14005
six-tenths, the formula number of teachers is 43.478, which is the	14006
number of teachers per one thousand students at a student-teacher	14007
ratio of twenty-three to one;	14008

(b) If the DPIA index of the school district is greater than	14009
or equal to six-tenths, but less than two and one-half, the	14010
formula number of teachers is calculated as follows:	14011

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

14012

Where 43.478 is the number of teachers per one thousand	14013
students at a student-teacher ratio of twenty-three to one; 1.9 is	14014
the interval from a DPIA index of six-tenths to a DPIA index of	14015
two and one-half; and 23.188 is the difference in the number of	14016
teachers per one thousand students at a student-teacher ratio of	14017
fifteen to one and the number of teachers per one thousand	14018
students at a student-teacher ratio of twenty-three to one.	14019

(c) If the DPIA index of the school district is greater than	14020
or equal to two and one-half, the formula number of teachers is	14021
66.667, which is the number of teachers per one thousand students	14022
at a student-teacher ratio of fifteen to one.	14023

(2) Multiply the formula number of teachers determined or	14024
calculated in division (E)(1) of this section by the kindergarten	14025
through third grade ADM for the district and divide that product	14026
by one thousand;	14027

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

14028

(a) Multiply the kindergarten through third grade ADM by	14029
43.478, which is the number of teachers per one thousand students	14030
at a student-teacher ratio of twenty-three to one, and divide that	14031
product by one thousand;	14032

(b) Subtract the quotient obtained in division (E)(3)(a) of	14033
this section from the product in division (E)(2) of this section.	14034

(4) Multiply the greater of the difference obtained under	14035
division (E)(3) of this section or zero by the statewide average	14036
teachers salary.	14037

(F) This division applies only to school districts whose	14038
DPIA index is one or greater.	14039

(1) Each school district subject to this division shall	14040
first utilize funds received under this section so that, when	14041
combined with other funds of the district, sufficient funds exist	14042
to provide all-day kindergarten to at least the number of children	14043
in the district's all-day kindergarten percentage.	14044

(2) Up to an amount equal to the district's DPIA index	14045
multiplied by the five-year average number of pupils in a district	14046
receiving family assistance multiplied by two hundred thirty	14047
dollars of the money distributed under this section may be	14048
utilized for one or both of the following:	14049

(a) Programs designed to ensure that schools are free of	14050
drugs and violence and have a disciplined environment conducive to	14051
learning;	14052

(b) Remediation for students who have failed or are in	14053
danger of failing any of the proficiency tests administered	14054
pursuant to section 3301.0710 of the Revised Code.	14055

Beginning with the school year that starts on July 1, 2002,	14056
each school district shall use at least twenty per cent of the	14057
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	14058
this section to provide intervention services required by section	14059
3313.608 of the Revised Code.	14060

(3) Except as otherwise required by division (G) or	14061
permitted under division (K) of this section, all other funds	14062
distributed under this section to districts subject to this	14063
division shall be utilized for the purpose of the third grade	14064
guarantee. The third grade guarantee consists of increasing the	14065
amount of instructional attention received per pupil in	14066
kindergarten through third grade, either by reducing the ratio of	14067
students to instructional personnel or by increasing the amount of	14068
instruction and curriculum-related activities by extending the	14069
length of the school day or the school year.	14070

School districts may implement a reduction of the ratio of	14071
students to instructional personnel through any or all of the	14072
following methods:	14073

(a) Reducing the number of students in a classroom taught by	14074
a single teacher;	14075

(b) Employing full-time educational aides or educational	14076
paraprofessionals issued a permit or license under section	14077
3319.088 of the Revised Code;	14078

(c) Instituting a team-teaching method that will result in a	14079
lower student-teacher ratio in a classroom.	14080

Districts may extend the school day either by increasing the	14081
amount of time allocated for each class, increasing the number of	14082
classes provided per day, offering optional academic-related	14083
after-school programs, providing curriculum-related extra	14084
curricular activities, or establishing tutoring or remedial	14085
services for students who have demonstrated an educational need.	14086
In accordance with section 3319.089 of the Revised Code, a	14087
district extending the school day pursuant to this division may	14088
utilize a participant of the work experience program who has a	14089
child enrolled in a public school in that district and who is	14090
fulfilling the work requirements of that program by volunteering	14091
or working in that public school. If the work experience program	14092
participant is compensated, the school district may use the funds	14093
distributed under this section for all or part of the	14094
compensation.	14095

Districts may extend the school year either through adding	14096
regular days of instruction to the school calendar or by providing	14097
summer programs.	14098

(G) Each district subject to division (F) of this section	14099
shall not expend any funds received under division (E) of this	14100
section in any school buildings that are not buildings with the	14101
highest concentration of need, unless there is a ratio of	14102
instructional personnel to students of no more than fifteen to one	14103
in each kindergarten and first grade class in all buildings with	14104
the highest concentration of need. This division does not require	14105
that the funds used in buildings with the highest concentration of	14106
need be spent solely to reduce the ratio of instructional	14107
personnel to students in kindergarten and first grade. A school	14108
district may spend the funds in those buildings in any manner	14109
permitted by division (F)(3) of this section, but may not spend	14110
the money in other buildings unless the fifteen-to-one ratio	14111
required by this division is attained.	14112

(H)(1) By the first day of August of each fiscal year, each	14113
school district wishing to receive any funds under division (D) of	14114
this section shall submit to the department of education an	14115
estimate of its all-day kindergarten percentage. Each district	14116
shall update its estimate throughout the fiscal year in the form	14117
and manner required by the department, and the department shall	14118
adjust payments under this section to reflect the updates.	14119

(2) Annually by the end of December, the department of	14120
education, utilizing data from the information system established	14121
under section 3301.0714 of the Revised Code and after consultation	14122
with the legislative office of education oversight, shall	14123
determine for each school district subject to division (F) of this	14124
section whether in the preceding fiscal year the district's ratio	14125
of instructional personnel to students and its number of	14126
kindergarten students receiving all-day kindergarten appear	14127
reasonable, given the amounts of money the district received for	14128
that fiscal year pursuant to divisions (D) and (E) of this	14129
section. If the department is unable to verify from the data	14130
available that students are receiving reasonable amounts of	14131
instructional attention and all-day kindergarten, given the funds	14132
the district has received under this section and that class-size	14133
reduction funds are being used in school buildings with the	14134
highest concentration of need as required by division (G) of this	14135
section, the department shall conduct a more intensive	14136
investigation to ensure that funds have been expended as required	14137
by this section. The department shall file an annual report of	14138
its findings under this division with the chairpersons of the	14139
committees in each house of the general assembly dealing with	14140
finance and education.	14141

(I) Any school district with a DPIA index less than one and	14142
a three-year average formula ADM exceeding seventeen thousand five	14143
hundred shall first utilize funds received under this section so	14144
that, when combined with other funds of the district, sufficient	14145
funds exist to provide all-day kindergarten to at least the number	14146
of children in the district's all-day kindergarten percentage.	14147
Such a district shall expend at least seventy per cent of the	14148
remaining funds received under this section, and any other	14149
district with a DPIA index less than one shall expend at least	14150
seventy per cent of all funds received under this section, for any	14151
of the following purposes:	14152

(1) The purchase of technology for instructional purposes;

14153

(2) All-day kindergarten;

14154

(3) Reduction of class sizes;

14155

(4) Summer school remediation;

14156

(5) Dropout prevention programs;

14157

(6) Guaranteeing that all third graders are ready to	14158
progress to more advanced work;	14159

(7) Summer education and work programs;

14160

(8) Adolescent pregnancy programs;

14161

(9) Head start or preschool programs;

14162

(10) Reading improvement programs described by the	14163
department of education;	14164

(11) Programs designed to ensure that schools are free of	14165
drugs and violence and have a disciplined environment conducive to	14166
learning;	14167

(12) Furnishing, free of charge, materials used in courses	14168
of instruction, except for the necessary textbooks or electronic	14169
textbooks required to be furnished without charge pursuant to	14170
section 3329.06 of the Revised Code, to pupils living in families	14171
participating in Ohio works first in accordance with section	14172
3313.642 of the Revised Code;	14173

(13) School breakfasts provided pursuant to section 3313.813	14174
of the Revised Code.	14175

Each district shall submit to the department, in such format	14176
and at such time as the department shall specify, a report on the	14177
programs for which it expended funds under this division.	14178

(J) If at any time the superintendent of public instruction	14179
determines that a school district receiving funds under division	14180
(D) of this section has enrolled less than the all-day	14181
kindergarten percentage reported for that fiscal year, the	14182
superintendent shall withhold from the funds otherwise due the	14183
district under this section a proportional amount as determined by	14184
the difference in the certified all-day kindergarten percentage	14185
and the percentage actually enrolled in all-day kindergarten.	14186

The superintendent shall also withhold an appropriate amount	14187
of funds otherwise due a district for any other misuse of funds	14188
not in accordance with this section.	14189

(K)(1) A district may use a portion of the funds calculated	14190
for it under division (D) of this section to modify or purchase	14191
classroom space to provide all-day kindergarten, if both of the	14192
following conditions are met:	14193

(a) The district certifies to the department, in a manner	14194
acceptable to the department, that it has a shortage of space for	14195
providing all-day kindergarten.	14196

(b) The district provides all-day kindergarten to the number	14197
of children in the all-day kindergarten percentage it certified	14198
under this section.	14199

(2) A district may use a portion of the funds described in	14200
division (F)(3) of this section to modify or purchase classroom	14201
space to enable it to further reduce class size in grades	14202
kindergarten through two with a goal of attaining class sizes of	14203
fifteen students per licensed teacher. To do so, the district	14204
must certify its need for additional space to the department, in a	14205
manner satisfactory to the department.	14206

Sec. 3317.0212.  Divisions Division (B) and (C) of this	14207
section do does not apply to a school district with a formula ADM	14208
of one hundred fifty or less.	14209

(A) As used in this section:

14210

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	14211
state aid" for a district means the total amount of state money	14212
received by the district for the applicable fiscal year as	14213
reported on the department of education's form "SF-12," adjusted	14214
as follows:	14215

(a) Minus the amount for transportation;

14216

(b) Minus any amounts for approved preschool handicapped	14217
units;	14218

(c) Minus any additional amount attributable to the	14219
reappraisal guarantee of division (C) of section 3317.04 of the	14220
Revised Code;	14221

(d) Plus the amount deducted for payments to an educational	14222
service center;	14223

(e) Plus an estimated portion of the state money distributed	14224
in the applicable fiscal year to other school districts or	14225
educational service centers for approved units, other than	14226
preschool handicapped or gifted education units, attributable to	14227
the costs of providing services in those units to students	14228
entitled to attend school in the district;	14229

(f) Minus an estimated portion of the state money	14230
distributed to the school district in the applicable fiscal year	14231
for approved units, other than preschool handicapped units or	14232
gifted education units, attributable to the costs of providing	14233
services in those units to students entitled to attend school in	14234
another school district;	14235

(g) Plus any additional amount paid in the applicable fiscal	14236
year pursuant to the vocational education recomputation required	14237
by Section 45.12 of Amended Substitute House Bill No. 117 of the	14238
121st general assembly or former Section 50.22 of Amended	14239
Substitute House Bill No. 215 of the 122nd general assembly;	14240

(h) Plus any additional amount paid in the applicable fiscal	14241
year pursuant to the special education recomputation required by	14242
former division (I) of section 3317.023 of the Revised Code;	14243

(i) Plus any amount paid for equity aid in the applicable	14244
fiscal year under section 3317.0213 of the Revised Code;	14245

(j) Plus any amount received for the applicable fiscal year	14246
pursuant to section 3317.027 of the Revised Code;	14247

(k) Plus any amount received for the applicable fiscal year	14248
resulting from a recomputation made under division (B) of section	14249
3317.022 of the Revised Code, as that section existed in the	14250
applicable fiscal year.	14251

(2) "State basic aid" for a district for any fiscal year	14252
after fiscal year 1999 means the sum of the following:	14253

(a) The amount computed for the district for base cost	14254
funding, special education funding, and vocational education	14255
funding under divisions (A), (C)(1) and (5)(4), and (E) of section	14256
3317.022 and sections 3317.025 and 3317.027 of the Revised Code	14257
and DPIA aid under section 3317.029 of the Revised Code in the	14258
current fiscal year before any deduction or credit required by	14259
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of	14260
section 3317.023 or division (J) of section 3317.029 of the	14261
Revised Code;	14262

(b) Any amounts for which the district is eligible pursuant	14263
to division (C) of section 3317.023, divisions (G), (P), and (R)	14264
of section 3317.024, and the supplemental unit allowance paid for	14265
gifted units under division (B) of section 3317.162 3317.053 of	14266
the Revised Code;	14267

(c) Any equity aid for which the district is eligible under	14268
section 3317.0213 of the Revised Code.	14269

(3) "Adjusted FY 1999 actual aid" has the same meaning as in	14270
Section 18 of Am. Sub. H.B. 650 of the 122nd general assembly, as	14271
amended.	14272

(4) "Vocational education set-aside" means the up to	14273
$24,193,118 earmarked for additional school district vocational	14274
education grants under appropriation item 200-545, vocational	14275
education enhancements, in Am. Sub. H.B. 770 of the 122nd general	14276
assembly.	14277

(B) Upon request of the department of education, the	14278
treasurer of any school district or educational service center	14279
shall furnish data needed to calculate the amounts specified in	14280
divisions (A)(1)(e) and (f) of this section. The department shall	14281
compute and pay the state basic aid guarantee for each school	14282
district for the fiscal year as follows:	14283

(1) Subtract the amount of state basic aid from the amount	14284
of fundamental FY 1998 state aid. If a negative number, this	14285
computation shall be deemed to be zero.	14286

(2) Pay the district any positive amount calculated under	14287
division (B)(1) of this section.	14288

(C) In fiscal year 2000, the department shall calculate for	14289
each district the sum of the district's state basic aid for that	14290
fiscal year, plus any amount calculated under division (B)(1) of	14291
this section, plus the transportation portion of state aid	14292
computed for the district for that fiscal year under division (D)	14293
of the version of section 3317.022 of the Revised Code in effect	14294
that fiscal year. If a district's adjusted FY 1999 actual aid is	14295
greater than that sum, then the department shall pay the district	14296
in that fiscal year one hundred per cent of the difference.	14297

(D)(1) The state basic aid guarantee in any fiscal year for	14298
a school district with a formula ADM of one hundred fifty or less	14299
shall be the greatest of the following amounts:	14300

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

14301

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

14302

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

14303

(2) If in any fiscal year the state basic aid for a school	14304
district with a formula ADM of one hundred fifty or less is less	14305
than the guarantee amount determined for the district under	14306
division (D)(C)(1) of this section, the department of education	14307
shall pay the district the amount of the difference.	14308

Sec. 3317.0213.  No money shall be distributed under this	14309
section after fiscal year 2002 2005.	14310

(A) As used in this section:

14311

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

14312

(a) In fiscal year 1999, the FY 1998 ADM;

14313

(b) In fiscal years 2000 through 2002 2005, the formula ADM	14314
reported for the previous fiscal year.	14315

(2) "Average taxable value" means the average of the amounts	14316
certified for a district in the second, third, and fourth	14317
preceding fiscal years under divisions (A)(1) and (2) of section	14318
3317.021 of the Revised Code.	14319

(3) "Valuation per pupil" for a district means:

14320

(a) In fiscal year 1999, the district's average taxable	14321
value, divided by the district's FY 1998 ADM;	14322

(b) In a fiscal year that occurs after fiscal year 1999, the	14323
district's average taxable value, divided by the district's	14324
formula ADM for the preceding fiscal year.	14325

(4) "Threshold valuation" means:

14326

(a) In fiscal year 1999, the adjusted valuation per pupil of	14327
the school district with the two hundred twenty-ninth lowest	14328
adjusted valuation per pupil in the state, according to data	14329
available at the time of the computation under division (B) of	14330
this section;	14331

(b) In fiscal year 2000, the adjusted valuation per pupil of	14332
the district with the one hundred ninety-sixth lowest such	14333
valuation in the state;	14334

(c) In fiscal year 2001, the adjusted valuation per pupil of	14335
the district with the one hundred sixty-third lowest such	14336
valuation in the state;	14337

(d) In fiscal year years 2002 through 2005, the adjusted	14338
valuation per pupil of the district with the	14339
one-hundred-eighteenth lowest such valuation in the state.	14340

(5) "Adjusted valuation per pupil" for a district means an	14341
amount calculated in accordance with the following formula:	14342

The district's valuation per pupil -	14343

($30,000 X (one minus the

14344

district's income factor))

14345

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	14346
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	14347
year years 2002 through 2005.	14348

(7) "Payment percentage" equals 100% prior to fiscal year	14349
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in	14350
fiscal year 2005, and zero after fiscal year 2005.	14351

(B) Beginning in fiscal year 1993, during August of each	14352
fiscal year, the department of education shall distribute to each	14353
school district meeting the requirements of section 3317.01 of the	14354
Revised Code whose adjusted valuation per pupil is less than the	14355
threshold valuation, an amount calculated in accordance with the	14356
following formula:	14357

(The threshold valuation -	14358

the district's adjusted valuation per pupil) X

14359

millage rate X ADM X the payment percentage

14360

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

14361

(1) "Total taxes charged and payable for current expenses"	14362
means the sum of the taxes charged and payable as certified under	14363
division (A)(3)(a) of section 3317.021 of the Revised Code less	14364
any amounts reported under division (A)(3)(b) of that section, and	14365
the tax distribution for the preceding year under any school	14366
district income tax levied by the district pursuant to Chapter	14367
5748. of the Revised Code to the extent the revenue from the	14368
income tax is allocated or apportioned to current expenses.	14369

(2) "State equalization enhancement payments" means any	14370
payment made to a school district pursuant to section 3317.0215 of	14371
the Revised Code for the preceding fiscal year.	14372

(3) "Charge-off amount" means the product obtained by	14373
multiplying two and three-tenths per cent by adjusted total	14374
taxable value recognized valuation.	14375

(4) "Total receipts available for current expenses" of a	14376
school district means the sum of total taxes charged and payable	14377
for current expenses and the district's state equalization	14378
enhancement payments.	14379

(5) "Local share of special education and related services	14380
additional weighted costs" has the same meaning as in division	14381
(C)(3) of section 3317.022 of the Revised Code.	14382

(6) "Local share of vocational education and associated	14383
services additional weighted costs" for each school district means	14384
the amount determined as follows:	14385

(1 - state share percentage as defined in section

14386

3317.022 of the Revised Code) X [(total vocational

14387

education weight as defined in that section X

14388

the formula amount) + the district's payment under division (E)(2)	14389
of section 3317.022 of the Revised Code]	14390

(3) Until fiscal year 2003, the "actual local share of	14391
special education, transportation, and vocational education	14392
funding" for any school district means the sum of the district's	14393
attributed local shares described in divisions (F)(1) to (3) of	14394
section 3317.022 of the Revised Code. Beginning in fiscal year	14395
2003, the "actual local share of special education,	14396
transportation, and vocational education funding" means that sum	14397
minus the amount of any excess cost supplement payment calculated	14398
for the district under division (F) of section 3317.022 of the	14399
Revised Code.	14400

(B) Upon receiving the certifications under section 3317.021	14401
of the Revised Code, the department of education shall determine	14402
for each city, local, and exempted village school district whether	14403
the district's charge-off amount is greater than the district's	14404
total receipts available taxes charged and payable for current	14405
expenses, and if it is, shall pay the district the amount of the	14406
difference. A payment shall not be made to any school district	14407
for which the computation under division (A) of section 3317.022	14408
of the Revised Code equals zero.	14409

(C)(1) If a district's charge-off amount is equal to or	14410
greater than its total receipts available taxes charged and	14411
payable for current expenses, the department shall, in addition to	14412
the payment required under division (B) of this section, pay the	14413
district the amount of the its actual local share of special	14414
education and related services additional weighted costs,	14415
transportation, and the amount of the local share of vocational	14416
education and associated services additional weighted costs	14417
funding.	14418

(2) If a district's charge-off amount is less than its total	14419
receipts available taxes charged and payable for current expenses,	14420
the department shall pay the district any amount by which the sum	14421
of its actual local share of special education and related	14422
services additional weighted costs plus its local share of,	14423
transportation, and vocational education and associated services	14424
additional weighted costs funding exceeds its total receipts	14425
available taxes charged and payable for current expenses minus its	14426
charge-off amount.	14427

Sec. 3317.0217. The department of education shall annually	14428
compute and pay state parity aid to school districts, as follows:	14429

(A) Calculate the local wealth per pupil of each school	14430
district, which equals the following sum:	14431

(1) Two-thirds times the quotient of (a) the district's	14432
recognized valuation divided by (b) its formula ADM; plus	14433

(2) One-third times the quotient of (a) the average of the	14434
total federal adjusted gross income of the school district's	14435
residents for the three years most recently reported under section	14436
3317.021 of the Revised Code divided by (b) its formula ADM.	14437

(B) Rank all school districts in order of local wealth per	14438
pupil, from the district with the lowest local wealth per pupil to	14439
the district with the highest local wealth per pupil.	14440

(C) Compute and pay state parity aid funding to each school	14441
district in accordance with the following formula:	14442

Payment percentage X (threshold local wealth

14443

per pupil - the district's local

14444

wealth per pupil) X 0.0095 X formula ADM

14445

Where:

14446

(1) "Payment percentage" equals 20% in fiscal year 2002, 40%	14447
in fiscal year 2003, 60% in fiscal year 2004, 80% in fiscal year	14448
2005, and 100% after fiscal year 2005.	14449

(2) Nine and one-half mills (0.0095) is the general	14450
assembly's determination of the average number of effective	14451
operating mills that districts in the seventieth to ninetieth	14452
percentiles of valuations per pupil collected in fiscal year 2001	14453
above the revenues required to finance their attributed local	14454
shares of the calculated cost of an adequate education. This was	14455
determined by (a) adding the district revenues from operating	14456
property tax levies and income tax levies, (b) subtracting from	14457
that total the sum of (i) twenty-three mills times adjusted	14458
recognized valuation plus (ii) the attributed local shares of	14459
special education, transportation, and vocational education	14460
funding as described in divisions (F)(1) to (3) of section	14461
3317.022 of the Revised Code, and (c) converting the result to an	14462
effective operating property tax rate.	14463

(3) The "threshold local wealth per pupil" is the local	14464
wealth per pupil of the school district with the	14465
four-hundred-ninetieth lowest local wealth per pupil.	14466

If the result of the calculation for a school district under	14467
division (C) of this section is less than zero, the district's	14468
payment shall be zero.	14469

Every six years, the general assembly shall redetermine,	14470
after considering the report of the committee appointed under	14471
section 3317.012 of the Revised Code, the average number of	14472
effective operating mills that districts in the seventieth to	14473
ninetieth percentiles of valuations per pupil collect above the	14474
revenues required to finance their attributed local shares of the	14475
cost of an adequate education.	14476

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	14477
(C) of this section, any student enrolled in kindergarten more	14478
than half time shall be reported as one-half student under this	14479
section.	14480

(A) The superintendent of each city and exempted village	14481
school district and of each educational service center shall, for	14482
the schools under the superintendent's supervision, certify to the	14483
state board of education on or before the fifteenth day of October	14484
in each year for the first full school week in October the formula	14485
ADM, which shall consist of the average daily membership during	14486
such week of the sum of the following:	14487

(1) On an FTE basis, the number of students in grades	14488
kindergarten through twelve receiving any educational services	14489
from the district, except that the following categories of	14490
students shall not be included in the determination:	14491

(a) Students enrolled in adult education classes;

14492

(b) Adjacent or other district students enrolled in the	14493
district under an open enrollment policy pursuant to section	14494
3313.98 of the Revised Code;	14495

(c) Students receiving services in the district pursuant to	14496
a compact, cooperative education agreement, or a contract, but who	14497
are entitled to attend school in another district pursuant to	14498
section 3313.64 or 3313.65 of the Revised Code;	14499

(d) Students for whom tuition is payable pursuant to	14500
sections 3317.081 and 3323.141 of the Revised Code.	14501

(2) On an FTE basis, the number of students entitled to	14502
attend school in the district pursuant to section 3313.64 or	14503
3313.65 of the Revised Code, but receiving educational services in	14504
grades kindergarten through twelve from one or more of the	14505
following entities:	14506

(a) A community school pursuant to Chapter 3314. of the	14507
Revised Code, including any participation in a college pursuant to	14508
Chapter 3365. of the Revised Code while enrolled in such community	14509
school;	14510

(b) An alternative school pursuant to sections 3313.974 to	14511
3313.979 of the Revised Code as described in division (I)(2)(a) or	14512
(b) of this section;	14513

(c) A college pursuant to Chapter 3365. of the Revised Code,	14514
except when the student is enrolled in the college while also	14515
enrolled in a community school pursuant to Chapter 3314. of the	14516
Revised Code;	14517

(d) An adjacent or other school district under an open	14518
enrollment policy adopted pursuant to section 3313.98 of the	14519
Revised Code;	14520

(e) An educational service center or cooperative education	14521
district;	14522

(f) Another school district under a cooperative education	14523
agreement, compact, or contract.	14524

(3) One-fourth of the number of students enrolled in a joint	14525
vocational school district or under a vocational education	14526
compact, excluding any students entitled to attend school in the	14527
district under section 3313.64 or 3313.65 of the Revised Code who	14528
are enrolled in another school district through an open enrollment	14529
policy as reported under division (A)(2)(d) of this section and	14530
then enroll in a joint vocational school district or under a	14531
vocational education compact;	14532

(4) The number of handicapped children, other than	14533
handicapped preschool children, entitled to attend school in the	14534
district pursuant to section 3313.64 or 3313.65 of the Revised	14535
Code who are placed with a county MR/DD board, minus the number of	14536
such children placed with a county MR/DD board in fiscal year	14537
1998. If this calculation produces a negative number, the number	14538
reported under division (A)(4) of this section shall be zero.	14539

(B) To enable the department of education to obtain the data	14540
needed to complete the calculation of payments pursuant to this	14541
chapter, in addition to the formula ADM, each superintendent shall	14542
report separately the following student counts:	14543

(1) The total average daily membership in regular day	14544
classes included in the report under division (A)(1) or (2) of	14545
this section for kindergarten, and each of grades one through	14546
twelve in schools under the superintendent's supervision;	14547

(2) The number of all handicapped preschool children	14548
enrolled as of the first day of December in classes in the	14549
district that are eligible for approval by the state board of	14550
education under division (B) of section 3317.05 of the Revised	14551
Code and the number of those classes, which shall be reported not	14552
later than the fifteenth day of December, in accordance with rules	14553
adopted under that section;	14554

(3) The number of children entitled to attend school in the	14555
district pursuant to section 3313.64 or 3313.65 of the Revised	14556
Code who are participating in a pilot project scholarship program	14557
established under sections 3313.974 to 3313.979 of the Revised	14558
Code as described in division (I)(2)(a) or (b) of this section,	14559
are enrolled in a college under Chapter 3365. of the Revised Code,	14560
except when the student is enrolled in the college while also	14561
enrolled in a community school pursuant to Chapter 3314. of the	14562
Revised Code, are enrolled in an adjacent or other school district	14563
under section 3313.98 of the Revised Code, are enrolled in a	14564
community school established under Chapter 3314. of the Revised	14565
Code, including any participation in a college pursuant to Chapter	14566
3365. of the Revised Code while enrolled in such community school,	14567
or are participating in a program operated by a county MR/DD board	14568
or a state institution;	14569

(4) The number of pupils enrolled in joint vocational	14570
schools;	14571

(5) The average daily membership of handicapped children	14572
reported under division (A)(1) or (2) of this section receiving	14573
category one special education services, for the category one	14574
handicap described in division (A) of section 3317.013 of the	14575
Revised Code;	14576

(6) The average daily membership of handicapped children	14577
reported under division (A)(1) or (2) of this section receiving	14578
category two special education services, for category two	14579
handicaps described in division (B) of section 3317.013 of the	14580
Revised Code;	14581

(7) The average daily membership of handicapped children	14582
reported under division (A)(1) or (2) of this section identified	14583
as having any of the receiving special education services for	14584
category three handicaps specified described in division (F)(3)(C)	14585
of section 3317.02 3317.013 of the Revised Code;	14586

(8) The average daily membership of handicapped children	14587
reported under division (A)(1) or (2) of this section receiving	14588
special education services for category four handicaps specified	14589
in division (D) of section 3317.013 of the Revised Code;	14590

(9) The average daily membership of handicapped children	14591
reported under division (A)(1) or (2) of this section receiving	14592
special education services for category five handicaps specified	14593
in division (E) of section 3317.013 of the Revised Code;	14594

(10) The average daily membership of handicapped children	14595
reported under division (A)(1) or (2) of this section receiving	14596
special education services for category six handicaps specified in	14597
division (F) of section 3317.013 of the Revised Code;	14598

(11) The average daily membership of pupils reported under	14599
division (A)(1) or (2) of this section enrolled in category one	14600
vocational education programs or classes, described in division	14601
(A) of section 3317.014 of the Revised Code, operated by the	14602
school district or by another district, other than a joint	14603
vocational school district, or by an educational service center;	14604

(9)(12) The average daily membership of pupils reported	14605
under division (A)(1) or (2) of this section enrolled in category	14606
two vocational education programs or services, described in	14607
division (B) of section 3317.014 of the Revised Code, operated by	14608
the school district or another school district, other than a joint	14609
vocational school district, or by an educational service center;	14610

(10)(13) The average number of children transported by the	14611
school district on board-owned or contractor-owned and -operated	14612
buses, reported in accordance with rules adopted by the department	14613
of education;	14614

(11)(14)(a) The number of children, other than handicapped	14615
preschool children, the district placed with a county MR/DD board	14616
in fiscal year 1998;	14617

(b) The number of handicapped children, other than	14618
handicapped preschool children, placed with a county MR/DD board	14619
in the current fiscal year to receive category one special	14620
education services, for the category one handicap described in	14621
division (A) of section 3317.013 of the Revised Code;	14622

(c) The number of handicapped children, other than	14623
handicapped preschool children, placed with a county MR/DD board	14624
in the current fiscal year to receive category two special	14625
education services, for category two handicaps described in	14626
division (B) of section 3317.013 of the Revised Code;	14627

(d) The number of handicapped children, other than	14628
handicapped preschool children, placed with a county MR/DD board	14629
in the current fiscal year to receive category three special	14630
education services, for category three handicaps described in	14631
division (F)(3)(C) of section 3317.02 3317.013 of the Revised	14632
Code;	14633

(e) The number of handicapped children, other than	14634
handicapped preschool children, placed with a county MR/DD board	14635
in the current fiscal year to receive special education services	14636
for category four handicaps described in division (D) of section	14637
3317.013 of the Revised Code;	14638

(f) The number of handicapped children, other than	14639
handicapped preschool children, placed with a county MR/DD board	14640
in the current fiscal year to receive special education services	14641
for category five handicaps described in division (E) of section	14642
3317.013 of the Revised Code;	14643

(g) The number of handicapped children, other than	14644
handicapped preschool children, placed with a county MR/DD board	14645
in the current fiscal year to receive special education services	14646
for category six handicaps described in division (F) of section	14647
3317.013 of the Revised Code.	14648

(C) Except as otherwise provided in this section for	14649
kindergarten students, the average daily membership in divisions	14650
(B)(1) to (9)(12) of this section shall be based upon the number	14651
of full-time equivalent students. The state board of education	14652
shall adopt rules defining full-time equivalent students and for	14653
determining the average daily membership therefrom for the	14654
purposes of divisions (A), (B), and (D) of this section. No child	14655
shall be counted as more than a total of one child in the sum of	14656
the average daily memberships of a school district under division	14657
(A), divisions (B)(1) to (9)(12), or division (D) of this section,	14658
except as follows:	14659

(1) A child with a handicap described in section 3317.013 or	14660
division (F)(3) of section 3317.02 of the Revised Code may be	14661
counted both in formula ADM and in category one, two, or three,	14662
four, five, or six special education ADM and, if applicable, in	14663
category one or two vocational education ADM. As provided in	14664
division (C) of section 3317.02 of the Revised Code, such a child	14665
shall be counted in category one, two, or three, four, five, or	14666
six special education ADM in the same proportion that the child is	14667
counted in formula ADM.	14668

(2) A child enrolled in vocational education programs or	14669
classes described in section 3314.014 of the Revised Code may be	14670
counted both in formula ADM and category one or two vocational	14671
education ADM and, if applicable, in category one, two, or three,	14672
four, five, or six special education ADM. Such a child shall be	14673
counted in category one or two vocational education ADM in the	14674
same proportion as the percentage of time that the child spends in	14675
the vocational education programs or classes.	14676

Based on the information reported under this section, the	14677
department of education shall determine the total student count,	14678
as defined in section 3301.011 of the Revised Code, for each	14679
school district.	14680

(D)(1) The superintendent of each joint vocational school	14681
district shall certify to the superintendent of public instruction	14682
on or before the fifteenth day of October in each year for the	14683
first full school week in October the formula ADM, which shall	14684
consist of the average daily membership during such week, on an	14685
FTE basis, of the number of students receiving any educational	14686
services from the district, except that the following categories	14687
of students shall not be included in the determination:	14688

(a) Students enrolled in adult education classes;

14689

(b) Adjacent or other district joint vocational students	14690
enrolled in the district under an open enrollment policy pursuant	14691
to section 3313.98 of the Revised Code;	14692

(c) Students receiving services in the district pursuant to	14693
a compact, cooperative education agreement, or a contract, but who	14694
are entitled to attend school in a city, local, or exempted	14695
village school district whose territory is not part of the	14696
territory of the joint vocational district;	14697

(d) Students for whom tuition is payable pursuant to	14698
sections 3317.081 and 3323.141 of the Revised Code.	14699

(2) To enable the department of education to obtain the data	14700
needed to complete the calculation of payments pursuant to this	14701
chapter, in addition to the formula ADM, each superintendent shall	14702
report separately the average daily membership included in the	14703
report under division (D)(1) of this section for each of the	14704
following categories of students:	14705

(a) Students enrolled in each grade included in the joint	14706
vocational district schools;	14707

(b) Handicapped children receiving category one special	14708
education services, for the category one handicap described in	14709
division (A) of section 3317.013 of the Revised Code;	14710

(c) Handicapped children receiving category two special	14711
education services, for category two handicaps described in	14712
division (B) of section 3317.013 of the Revised Code;	14713

(d) Handicapped children identified as having any of the	14714
receiving special education services for category three handicaps	14715
specified in division (F)(3)(C) of section 3317.02 3317.013 of the	14716
Revised Code;	14717

(e) Handicapped children receiving special education services	14718
for category four handicaps described in division (D) of section	14719
3317.013 of the Revised Code;	14720

(f) Handicapped children receiving special education	14721
services for category five handicaps described in division (E) of	14722
section 3317.013 of the Revised Code;	14723

(g) Handicapped children receiving special education	14724
services for category six handicaps described in division (F) of	14725
section 3317.013 of the Revised Code;	14726

(h) Students receiving category one vocational education	14727
services, described in division (A) of section 3317.014 of the	14728
Revised Code;	14729

(f)(i) Students receiving category two vocational education	14730
services, described in division (B) of section 3317.014 of the	14731
Revised Code.	14732

The superintendent of each joint vocational school district	14733
shall also indicate the city, local, or exempted village school	14734
district in which each joint vocational district pupil is entitled	14735
to attend school pursuant to section 3313.64 or 3313.65 of the	14736
Revised Code.	14737

(E) In each school of each city, local, exempted village,	14738
joint vocational, and cooperative education school district there	14739
shall be maintained a record of school membership, which record	14740
shall accurately show, for each day the school is in session, the	14741
actual membership enrolled in regular day classes. For the	14742
purpose of determining average daily membership, the membership	14743
figure of any school shall not include any pupils except those	14744
pupils described by division (A) of this section. The record of	14745
membership for each school shall be maintained in such manner that	14746
no pupil shall be counted as in membership prior to the actual	14747
date of entry in the school and also in such manner that where for	14748
any cause a pupil permanently withdraws from the school that pupil	14749
shall not be counted as in membership from and after the date of	14750
such withdrawal. There shall not be included in the membership of	14751
any school any of the following:	14752

(1) Any pupil who has graduated from the twelfth grade of a	14753
public high school;	14754

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

14755

(3) Any pupil who was enrolled in the schools of the	14756
district during the previous school year when tests were	14757
administered under section 3301.0711 of the Revised Code but did	14758
not take one or more of the tests required by that section and was	14759
not excused pursuant to division (C)(1) of that section;	14760

(4) Any pupil who has attained the age of twenty-two years,	14761
except for veterans of the armed services whose attendance was	14762
interrupted before completing the recognized twelve-year course of	14763
the public schools by reason of induction or enlistment in the	14764
armed forces and who apply for reenrollment in the public school	14765
system of their residence not later than four years after	14766
termination of war or their honorable discharge.	14767

If, however, any veteran described by division (E)(4)(b) of	14768
this section elects to enroll in special courses organized for	14769
veterans for whom tuition is paid under the provisions of federal	14770
laws, or otherwise, that veteran shall not be included in average	14771
daily membership.	14772

Notwithstanding division (E)(3) of this section, the	14773
membership of any school may include a pupil who did not take a	14774
test required by section 3301.0711 of the Revised Code if the	14775
superintendent of public instruction grants a waiver from the	14776
requirement to take the test to the specific pupil. The	14777
superintendent may grant such a waiver only for good cause in	14778
accordance with rules adopted by the state board of education.	14779

Except as provided in division (B)(2) of this section, the	14780
average daily membership figure of any local, city, exempted	14781
village, or joint vocational school district shall be determined	14782
by dividing the figure representing the sum of the number of	14783
pupils enrolled during each day the school of attendance is	14784
actually open for instruction during the first full school week in	14785
October by the total number of days the school was actually open	14786
for instruction during that week. For purposes of state funding,	14787
"enrolled" persons are only those pupils who are attending school,	14788
those who have attended school during the current school year and	14789
are absent for authorized reasons, and those handicapped children	14790
currently receiving home instruction.	14791

The average daily membership figure of any cooperative	14792
education school district shall be determined in accordance with	14793
rules adopted by the state board of education.	14794

(F)(1) If the formula ADM for the first full school week in	14795
February is at least three per cent greater than that certified	14796
for the first full school week in the preceding October, the	14797
superintendent of schools of any city, exempted village, or joint	14798
vocational school district or educational service center shall	14799
certify such increase to the superintendent of public instruction.	14800
Such certification shall be submitted no later than the fifteenth	14801
day of February. For the balance of the fiscal year, beginning	14802
with the February payments, the superintendent of public	14803
instruction shall use the increased formula ADM in calculating or	14804
recalculating the amounts to be allocated in accordance with	14805
section 3317.022 or 3317.16 of the Revised Code. In no event	14806
shall the superintendent use an increased membership certified to	14807
the superintendent after the fifteenth day of February.	14808

(2) If on the first school day of April the total number of	14809
classes or units for handicapped preschool children that are	14810
eligible for approval under division (B) of section 3317.05 of the	14811
Revised Code exceeds the number of units that have been approved	14812
for the year under that division, the superintendent of schools of	14813
any city, exempted village, or cooperative education school	14814
district or educational service center shall make the	14815
certifications required by this section for that day. If the	14816
state board of education determines additional units can be	14817
approved for the fiscal year within any limitations set forth in	14818
the acts appropriating moneys for the funding of such units, the	14819
board shall approve additional units for the fiscal year on the	14820
basis of such average daily membership. For each unit so	14821
approved, the department of education shall pay an amount computed	14822
in the manner prescribed in section 3317.161 3317.052 or 3317.19	14823
and section 3317.162 3317.053 of the Revised Code.	14824

(G)(1)(a) The superintendent of an institution operating a	14825
special education program pursuant to section 3323.091 of the	14826
Revised Code shall, for the programs under such superintendent's	14827
supervision, certify to the state board of education the average	14828
daily membership of all handicapped children in classes or	14829
programs approved annually by the state board of education, in the	14830
manner prescribed by the superintendent of public instruction.	14831

(b) The superintendent of an institution with vocational	14832
education units approved under division (A) of section 3317.05 of	14833
the Revised Code shall, for the units under the superintendent's	14834
supervision, certify to the state board of education the average	14835
daily membership in those units, in the manner prescribed by the	14836
superintendent of public instruction.	14837

(2) The superintendent of each county MR/DD board that	14838
maintains special education classes under section 3317.20 of the	14839
Revised Code or units approved by the state board of education	14840
pursuant to section 3317.05 of the Revised Code shall do both of	14841
the following:	14842

(a) Certify to the state board, in the manner prescribed by	14843
the board, the average daily membership in classes and units	14844
approved under division (D)(1) of under section 3317.05 3317.20 of	14845
the Revised Code for each school district that has placed children	14846
in the classes or units;	14847

(b) Certify to the state board, in the manner prescribed by	14848
the board, the number of all handicapped preschool children	14849
enrolled as of the first day of December in classes eligible for	14850
approval under division (B) of section 3317.05 of the Revised	14851
Code, and the number of those classes.	14852

(3)(a) If during the first full school week in February the	14853
average daily membership of the classes or units maintained by the	14854
county MR/DD board that are eligible for approval under division	14855
(D)(1) of section 3317.05 of the Revised Code is greater than the	14856
average daily membership for the preceding October, the	14857
superintendent of the board shall make the certifications required	14858
by this section for such week.	14859

(b) If on the first school day of April the number of	14860
classes or units maintained for handicapped preschool children by	14861
the county MR/DD board that are eligible for approval under	14862
division (B) of section 3317.05 of the Revised Code is greater	14863
than the number of units approved for the year under that	14864
division, the superintendent shall make the certification required	14865
by this section for that day.	14866

(c)(b) If the state board determines that additional classes	14867
or units can be approved for the fiscal year within any	14868
limitations set forth in the acts appropriating moneys for the	14869
funding of the classes and units described in division (G)(3)(a)	14870
or (b) of this section, the board shall approve and fund	14871
additional units for the fiscal year on the basis of such average	14872
daily membership. For each unit so approved, the department of	14873
education shall pay an amount computed in the manner prescribed in	14874
sections 3317.161 3317.052 and 3317.162 3317.053 of the Revised	14875
Code.	14876

(H) Except as provided in division (I) of this section, when	14877
any city, local, or exempted village school district provides	14878
instruction for a nonresident pupil whose attendance is	14879
unauthorized attendance as defined in section 3327.06 of the	14880
Revised Code, that pupil's membership shall not be included in	14881
that district's membership figure used in the calculation of that	14882
district's formula ADM or included in the determination of any	14883
unit approved for the district under section 3317.05 of the	14884
Revised Code. The reporting official shall report separately the	14885
average daily membership of all pupils whose attendance in the	14886
district is unauthorized attendance, and the membership of each	14887
such pupil shall be credited to the school district in which the	14888
pupil is entitled to attend school under division (B) of section	14889
3313.64 or section 3313.65 of the Revised Code as determined by	14890
the department of education.	14891

(I)(1) A city, local, exempted village, or joint vocational	14892
school district admitting a scholarship student of a pilot project	14893
district pursuant to division (C) of section 3313.976 of the	14894
Revised Code may count such student in its average daily	14895
membership.	14896

(2) In any year for which funds are appropriated for pilot	14897
project scholarship programs, a school district implementing a	14898
state-sponsored pilot project scholarship program that year	14899
pursuant to sections 3313.974 through 3313.979 of the Revised Code	14900
may count in average daily membership:	14901

(a) All children residing in the district and utilizing a	14902
scholarship to attend kindergarten in any alternative school, as	14903
defined in section 3313.974 of the Revised Code;	14904

(b) All children who were enrolled in the district in the	14905
preceding year who are utilizing a scholarship to attend any such	14906
alternative school.	14907

(J) The superintendent of each cooperative education school	14908
district shall certify to the superintendent of public	14909
instruction, in a manner prescribed by the state board of	14910
education, the applicable average daily memberships for all	14911
students in the cooperative education district, also indicating	14912
the city, local, or exempted village district where each pupil is	14913
entitled to attend school under section 3313.64 or 3313.65 of the	14914
Revised Code.	14915

Sec. 3317.05.  (A) For the purpose of calculating payments	14916
under sections 3317.161 3317.052 and 3317.162 3317.053 of the	14917
Revised Code, the state board of education shall determine for	14918
each institution, by the last day of January of each year and	14919
based on information certified under section 3317.03 of the	14920
Revised Code, the number of vocational education units or	14921
fractions of units approved by the state board on the basis of	14922
standards and rules adopted by the state board. As used in this	14923
division, "institution" means an institution operated by a	14924
department specified in section 3323.091 of the Revised Code and	14925
that provides vocational education programs under the supervision	14926
of the division of vocational education of the department of	14927
education that meet the standards and rules for these programs,	14928
including licensure of professional staff involved in the	14929
programs, as established by the state board of education.	14930

(B) For the purpose of calculating payments under sections	14931
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	14932
the Revised Code, the state board shall determine, based on	14933
information certified under section 3317.03 of the Revised Code,	14934
the following by the last day of January of each year for each	14935
educational service center, for each school district, including	14936
each cooperative education school district, for each institution	14937
eligible for payment under section 3323.091 of the Revised Code,	14938
and for each county MR/DD board: the number of classes operated	14939
by the school district, service center, institution, or county	14940
MR/DD board for handicapped preschool children, or fraction	14941
thereof, including in the case of a district or service center	14942
that is a funding agent, classes taught by a licensed teacher	14943
employed by that district or service center under section 3313.841	14944
of the Revised Code, approved annually by the state board on the	14945
basis of standards and rules adopted by the state board.	14946

(C) For the purpose of calculating payments under sections	14947
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	14948
the Revised Code, the state board shall determine, based on	14949
information certified under section 3317.03 of the Revised Code,	14950
the following by the last day of January of each year for each	14951
school district, including each cooperative education school	14952
district, for each institution eligible for payment under section	14953
3323.091 of the Revised Code, and for each county MR/DD board: the	14954
number of preschool handicapped related services units for child	14955
study, occupational, physical, or speech and hearing therapy,	14956
special education supervisors, and special education coordinators	14957
approved annually by the state board on the basis of standards and	14958
rules adopted by the state board.	14959

(D) For the purpose of calculating payments under sections	14960
3317.161 3317.052 and 3317.162 3317.053 of the Revised Code, the	14961
state board shall determine, based on information certified under	14962
section 3317.03 of the Revised Code, the following by the last day	14963
of January of each year for each institution eligible for payment	14964
under section 3323.091 of the Revised Code, and for each county	14965
MR/DD board:	14966

(1) The number of classes operated by an institution or	14967
county MR/DD board for handicapped children other than handicapped	14968
preschool children, or fraction thereof, approved annually by the	14969
state board on the basis of standards and rules adopted by the	14970
state board;	14971

(2) The number of related services units for children other	14972
than handicapped preschool children for child study, occupational,	14973
physical, or speech and hearing therapy, special education	14974
supervisors, and special education coordinators approved annually	14975
by the state board on the basis of standards and rules adopted by	14976
the state board.	14977

(E) All of the arithmetical calculations made under this	14978
section shall be carried to the second decimal place. The total	14979
number of units for school districts, service centers, and	14980
institutions approved annually by the state board under this	14981
section shall not exceed the number of units included in the state	14982
board's estimate of cost for these units and appropriations made	14983
for them by the general assembly.	14984

In the case of units described in division (D)(1) of this	14985
section operated by county MR/DD boards and institutions eligible	14986
for payment under section 3323.091 of the Revised Code, the state	14987
board shall approve only units for persons who are under age	14988
twenty-two on the first day of the academic year, but not less	14989
than six years of age on the thirtieth day of September of that	14990
year, except that such a unit may include one or more children who	14991
are under six years of age on the thirtieth day of September if	14992
such children have been admitted to the unit pursuant to rules of	14993
the state board. In the case of handicapped preschool units	14994
described in division (B) of this section operated by county MR/DD	14995
boards and institutions eligible for payment under section	14996
3323.091 of the Revised Code, the state board shall approve only	14997
preschool units for children who are under age six but not less	14998
than age three on the thirtieth day of September of the academic	14999
year, except that such a unit may include one or more children who	15000
are under age three or are age six or over on the thirtieth day of	15001
September if such children have been admitted to the unit pursuant	15002
to rules of the state board of education. The number of units for	15003
county MR/DD boards and institutions eligible for payment under	15004
section 3323.091 of the Revised Code approved by the state board	15005
under this section shall not exceed the number that can be funded	15006
with appropriations made for such purposes by the general	15007
assembly.	15008

No unit shall be approved under divisions (B) to (D) of this	15009
section unless a plan has been submitted and approved under	15010
Chapter 3323. of the Revised Code.	15011

(F) The department shall approve units or fractions thereof	15012
for gifted children on the basis of standards and rules adopted by	15013
the board.	15014

Sec. 3317.051.  (A)(1) Notwithstanding sections 3317.05 and	15015
3317.11 of the Revised Code, a unit funded pursuant to division	15016
(P) of section 3317.024 or division (A)(2) of section 3317.161	15017
3317.052 of the Revised Code shall not be approved for state	15018
funding in one school district, including any cooperative	15019
education school district or any educational service center, to	15020
the extent that such unit provides programs in or services to	15021
another district which receives payment pursuant to section	15022
3317.04 of the Revised Code.	15023

(2) Any city, local, exempted village, or cooperative	15024
education school district or any educational service center may	15025
combine partial unit eligibility for handicapped preschool	15026
programs pursuant to section 3317.05 of the Revised Code, and such	15027
combined partial units may be approved for state funding in one	15028
school district or service center.	15029

(B) After units have been initially approved for any fiscal	15030
year under section 3317.05 of the Revised Code, no unit shall be	15031
subsequently transferred from a school district or educational	15032
service center to another city, exempted village, local, or	15033
cooperative education school district or educational service	15034
center or to an institution or county MR/DD board solely for the	15035
purpose of reducing the financial obligations of the school	15036
district in a fiscal year it receives payment pursuant to section	15037
3317.04 of the Revised Code.	15038

Sec. 3317.161.        Sec.  .        Sec. 3317.052.  As used in this section,	15039
"institution" means an institution operated by a department	15040
specified in section 3323.091 of the Revised Code.	15041

(A)(1) The department of education shall pay each school	15042
district, educational service center, institution eligible for	15043
payment under section 3323.091 of the Revised Code, or county	15044
MR/DD board an amount for the total of all classroom units for	15045
handicapped preschool children approved under division (B) of	15046
section 3317.05 of the Revised Code. For each unit, the amount	15047
shall be the sum of the minimum salary for the teacher of the	15048
unit, calculated on the basis of the teacher's training level and	15049
years of experience pursuant to the salary schedule prescribed in	15050
the version of section 3317.13 of the Revised Code in effect prior	15051
to the effective date of this amendment, plus fifteen per cent of	15052
that minimum salary amount, and eight thousand twenty-three	15053
dollars.	15054

(2) The department shall pay each school district,	15055
educational service center, institution eligible for payment under	15056
section 3323.091 of the Revised Code, or county MR/DD board an	15057
amount for the total of all related services units for handicapped	15058
preschool children approved under division (C) of section 3317.05	15059
of the Revised Code. For each such unit, the amount shall be the	15060
sum of the minimum salary for the teacher of the unit calculated	15061
on the basis of the teacher's training level and years of	15062
experience pursuant to the salary schedule prescribed in the	15063
version of section 3317.13 of the Revised Code in effect prior to	15064
the effective date of this amendment, fifteen per cent of that	15065
minimum salary amount, and two thousand one hundred thirty-two	15066
dollars.	15067

(B) If a school district or, educational service center has	15068
had additional handicapped preschool units approved for the year	15069
under division (F)(2) of section 3317.03 of the Revised Code, or	15070
if a county MR/DD board has had additional handicapped preschool	15071
units approved for the year under division (F)(2) or (G)(3) of	15072
section 3317.03 of the Revised Code, the district, educational	15073
service center, or board shall receive an additional amount during	15074
the last half of the fiscal year. For each district, center, or	15075
board, the additional amount for each unit shall equal fifty per	15076
cent of the amounts computed for the unit in the manner prescribed	15077
by division (A) of this section and division (C) of section	15078
3317.162 3317.053 of the Revised Code.	15079

(C)(1) The department shall pay each institution eligible	15080
for payment under section 3323.091 of the Revised Code or county	15081
MR/DD board an amount for the total of all special education units	15082
approved under division (D)(1) of section 3317.05 of the Revised	15083
Code. The amount for each unit shall be the sum of the minimum	15084
salary for the teacher of the unit, calculated on the basis of the	15085
teacher's training level and years of experience pursuant to the	15086
salary schedule prescribed in the version of section 3317.13 of	15087
the Revised Code in effect prior to the effective date of this	15088
amendment, plus fifteen per cent of that minimum salary amount,	15089
and eight thousand twenty-three dollars.	15090

(2) The department shall pay each institution eligible for	15091
payment under section 3323.091 of the Revised Code or county MR/DD	15092
board an amount for the total of all related services units	15093
approved under division (D)(2) of section 3317.05 of the Revised	15094
Code. The amount for each unit shall be the sum of the minimum	15095
salary for the teacher of the unit, calculated on the basis of the	15096
teacher's training level and years of experience pursuant to the	15097
salary schedule prescribed in the version of section 3317.13 of	15098
the Revised Code in effect prior to the effective date of this	15099
amendment, plus fifteen per cent of that minimum salary amount,	15100
and two thousand one hundred thirty-two dollars.	15101

(3) If a county MR/DD board has had additional units for	15102
handicapped children other than handicapped preschool children	15103
approved under division (G)(3) of section 3317.03 of the Revised	15104
Code, the board shall receive an additional amount during the last	15105
half of the fiscal year. For each board, the additional amount	15106
for each unit shall equal fifty per cent of the amount computed	15107
for the unit in the manner prescribed by division (C)(1) of this	15108
section and division (C) of section 3317.162 of the Revised Code.	15109

(D) The department shall pay each institution approved for	15110
vocational education units under division (A) of section 3317.05	15111
of the Revised Code an amount for the total of all the units	15112
approved under that division. The amount for each unit shall be	15113
the sum of the minimum salary for the teacher of the unit,	15114
calculated on the basis of the teacher's training level and years	15115
of experience pursuant to the salary schedule prescribed in the	15116
version of section 3317.13 of the Revised Code in effect prior to	15117
the effective date of this amendment, plus fifteen per cent of	15118
that minimum salary amount, and nine thousand five hundred ten	15119
dollars.	15120

Sec. 3317.162.        Sec.  .        Sec. 3317.053.  (A) As used in this section:

15121

(1) "State share percentage" has the same meaning as in	15122
section 3317.022 of the Revised Code.	15123

(2) "Dollar amount" means the amount shown in the following	15124
table for the corresponding type of unit and the appropriate	15125
fiscal year:	15126

(3) "Average unit amount" means the amount shown in the	15132
following table for the corresponding type of unit:	15133

(B) In the case of each unit described in division (B), (C),	15139
or (F) of section 3317.05 of the Revised Code and allocated to a	15140
city, local, or exempted village school district, the department	15141
of education, in addition to the amounts specified in division (P)	15142
of section 3317.024 and sections 3317.161 3317.052 and 3317.19 of	15143
the Revised Code, shall pay a supplemental unit allowance equal to	15144
the sum of the following amounts:	15145

(1) An amount equal to 50% of the average unit amount for	15146
the unit;	15147

(2) An amount equal to the percentage of the dollar amount	15148
for the unit that equals the district's state share percentage.	15149

If, prior to the fifteenth day of May of a fiscal year, a	15150
school district's aid computed under section 3317.022 of the	15151
Revised Code is recomputed pursuant to section 3317.027 or	15152
3317.028 of the Revised Code, the department shall also recompute	15153
the district's entitlement to payment under this section utilizing	15154
a new state share percentage. Such new state share percentage	15155
shall be determined using the district's recomputed basic aid	15156
amount pursuant to section 3317.027 or 3317.028 of the Revised	15157
Code. During the last six months of the fiscal year, the	15158
department shall pay the district a sum equal to one-half of the	15159
recomputed payment in lieu of one-half the payment otherwise	15160
calculated under this section.	15161

(C)(1) In the case of each unit allocated to an institution	15162
pursuant to division (A) of section 3317.05 of the Revised Code,	15163
the department, in addition to the amount specified in section	15164
3317.161 3317.052 of the Revised Code, shall pay a supplemental	15165
unit allowance of $7,227.	15166

(2) In the case of each unit described in division (B) or	15167
(D)(1) of section 3317.05 of the Revised Code that is allocated to	15168
any entity other than a city, exempted village, or local school	15169
district, the department, in addition to the amount specified in	15170
section 3317.161 3317.052 of the Revised Code, shall pay a	15171
supplemental unit allowance of $7,799.	15172

(3) In the case of each unit described in division (C) or	15173
(D)(2) of section 3317.05 of the Revised Code and allocated to any	15174
entity other than a city, exempted village, or local school	15175
district, the department, in addition to the amounts specified in	15176
section 3317.161 3317.052 of the Revised Code, shall pay a	15177
supplemental unit allowance of $2,966.	15178

(4) In the case of each unit described in division (F) of	15179
section 3317.05 of the Revised Code and allocated to an	15180
educational service center, the department, in addition to the	15181
amounts specified in division (P) of section 3317.024 of the	15182
Revised Code, shall pay a supplemental unit allowance of $4,251 in	15183
fiscal year 2000 and $5,251 in fiscal year 2001.	15184

Sec. 3317.064.  (A) There is hereby established in the state	15185
treasury the auxiliary services mobile unit replacement and repair	15186
fund. By the thirtieth day of January of each odd-numbered year,	15187
the director of job and family services and the superintendent of	15188
public instruction shall determine the amount of any excess moneys	15189
in the auxiliary services personnel unemployment compensation fund	15190
not reasonably necessary for the purposes of section 4141.47 of	15191
the Revised Code, and shall certify such amount to the director of	15192
budget and management for transfer to the auxiliary services	15193
mobile unit replacement and repair fund. If the director of jobs	15194
job and family services and the superintendent disagree on such	15195
amount, the director of budget and management shall determine the	15196
amount to be transferred.	15197

(B) Moneys in the auxiliary services mobile unit replacement	15198
and repair fund shall be used for the relocation or for the	15199
replacement and repair of mobile units used to provide the	15200
services specified in division (E), (F), (G), or (I) of section	15201
3317.06 of the Revised Code and for no other purposes. The state	15202
board of education shall adopt guidelines and procedures for	15203
replacement, repair, and relocation of mobile units and the	15204
procedures under which a school district may apply to receive	15205
moneys with which to repair or replace or relocate such units.	15206

(C) School districts may apply to the department for moneys	15207
from the auxiliary services mobile unit replacement and repair	15208
fund for payment of incentives for early retirement and severance	15209
for school district personnel assigned to provide services	15210
authorized by section 3317.06 of the Revised Code at chartered	15211
nonpublic schools.	15212

Sec. 3317.11.  (A) Annually, on or before a date designated	15213
by the state board of education, each educational service center	15214
governing board shall prepare a budget of operating expenses for	15215
the ensuing year for the service center on forms prepared and	15216
furnished by the state board of education and shall certify the	15217
budget to the state board of education, together with such other	15218
information as the board may require. Such budget shall consist	15219
of two parts. Part (A) shall include the cost of the salaries,	15220
employers retirement contributions, and travel expenses of	15221
supervisory teachers approved by the state board of education. The	15222
amount derived from the calculation for such units in part (A) of	15223
the governing board budget shall be the sum of:	15224

(1) The sum of the minimum salaries calculated, pursuant to	15225
section 3317.13 of the Revised Code, for each approved licensed	15226
employee of the governing board;	15227

(2) An additional salary allowance proportional to the	15228
length of the extended term of service not to exceed three months	15229
for each supervisory and child study teacher whose term of service	15230
in any year is extended beyond the terms of service of regular	15231
classroom teachers;	15232

(3) An allowance equal to fifteen per cent of the amount	15233
computed under division (A)(1) of this section;	15234

(4) An allowance for necessary travel expenses, for each of	15235
the personnel approved in part (A) of the budget, limited to two	15236
hundred twenty-three dollars and sixteen cents per month, or two	15237
thousand six hundred seventy-eight dollars per year per person	15238
employed, whichever is the lesser.	15239

Part (B) shall include the cost of all other lawful	15240
expenditures of the governing board. The state board of education	15241
shall review such budget and may approve, increase, or decrease	15242
such budget.	15243

The governing board shall be reimbursed by the state board of	15244
education from state funds for the cost of part (A) of the budget.	15245
The governing board shall be reimbursed by the state board of	15246
education, from state funds for the cost of part (B) of the	15247
approved budget that is in excess of six dollars and fifty cents	15248
times the service center ADM. If the governing board provides	15249
services to city or exempted village school districts pursuant to	15250
section 3313.843 of the Revised Code, the governing board shall be	15251
reimbursed from state funds for the cost of part (B) of the budget	15252
that is in excess of six dollars and fifty cents times the sum of	15253
the service center ADM and the client ADMs of the city or exempted	15254
village districts to which such services are provided. The cost	15255
of part (B) not in excess of six dollars and fifty cents times the	15256
number of such ADM shall be apportioned by the state board of	15257
education among the local school districts in the territory of the	15258
service center, or among all districts to which the governing	15259
board provides services, on the basis of the total number of	15260
pupils in each school district.	15261

If part (B) of the budget is in excess of that approved by	15262
the state board of education, the excess cost shall be apportioned	15263
by the state board of education among the local school districts	15264
in the territory of the service center on the basis of the total	15265
number of such pupils in each such school district, provided that	15266
a majority of the boards of education of such local school	15267
districts approve such apportionment. The state board of	15268
education shall initiate and supervise the procedure by which the	15269
local boards shall approve or disapprove such apportionment.	15270

The amounts so apportioned shall be certified to the	15271
treasurers of the various school districts. In the case of each	15272
district such amount shall be deducted by the state board of	15273
education from funds allocated to the district pursuant to	15274
division (E) of section 3317.023 of the Revised Code.	15275

The state board of education shall certify to the director of	15276
budget and management for payment the total of the deductions,	15277
whereupon the amount shall be paid to the governing board of each	15278
service center, to be deposited to the credit of a separate fund,	15279
hereby created, to be known as the educational service center	15280
governing board fund.	15281

An educational service center may provide special education	15282
to students in its local districts or in client districts. A	15283
service center is eligible for funding under division (J) of	15284
section 3317.024 of the Revised Code and eligible for state	15285
subsidies for the purchase of school buses under section 3317.07	15286
of the Revised Code. Special education units for gifted children	15287
may be operated by a governing board. Vocational education may be	15288
provided by a governing board. A governing board may conduct	15289
driver education for pupils enrolled in a high school for which	15290
the state board of education prescribes minimum standards.	15291

Every local school district shall be provided supervisory	15292
services by its governing board as approved by the state board of	15293
education. A city or exempted village school district shall be	15294
considered to be provided supervisory services by a governing	15295
board if it has entered into an agreement for the governing board	15296
to provide any services under section 3313.843 of the Revised	15297
Code. Supervisory services shall not exceed one supervisory	15298
teacher for the first fifty classroom teachers employed in all	15299
districts that are provided supervisory services calculated under	15300
section 3317.023 of the Revised Code and one supervisory teacher	15301
for every additional one hundred such classroom teachers so	15302
calculated. Reimbursement for such supervisory services shall be	15303
a deduction by the state board of education from the payment to	15304
the school district pursuant to division (E) of section 3317.023	15305
of the Revised Code. Deductions for all supervisory services and	15306
extended services for supervisory and child study shall be	15307
apportioned among local school districts within the territory of	15308
the service center and any city or exempted village districts that	15309
have entered into agreements with a service center pursuant to	15310
section 3313.843 of the Revised Code by the state board of	15311
education on the basis of the total number of pupils in each	15312
school district, except that where such services are provided to	15313
districts other than local school districts within the service	15314
center territory and city or exempted village districts having	15315
agreements with the service center, such charges shall be	15316
apportioned among all participating districts on the basis of the	15317
total number of pupils in each school district. All deductions	15318
from state funding to school districts required for reimbursement	15319
of governing boards by division (E) of section 3317.023 of the	15320
Revised Code shall be made from the total of the payment computed	15321
for the district under this chapter, after making any other	15322
adjustments in that payment required by law.	15323

(B)(1) In addition to the payments made under division (A)	15324
of this section, except as otherwise provided in division (C) of	15325
this section, the department of education shall pay each governing	15326
board the amount in the following schedule for the specified	15327
fiscal year, thirty-seven dollars times the sum of the service	15328
center ADM and the sum of the client ADMs of all its client	15329
districts:	15330

(a) In fiscal year 2000, thirty-six dollars;

15331

(b) In in fiscal year 2001, thirty-seven dollars years 2002	15332
and 2003.	15333

(2) In addition to other payments under this section, the	15334
department shall pay each educational service center the amounts	15335
due to it from school districts pursuant to contracts, compacts,	15336
or agreements under which the service center furnishes services to	15337
the districts or their students. In order to receive payment	15338
under this division, an educational service center shall furnish	15339
either a copy of the applicable contract, compact, or agreement	15340
clearly indicating the amounts of the payments, or a written	15341
statement of the payments owed signed by the superintendent or	15342
treasurer of the responsible school district.	15343

The amounts paid to service centers under division (B)(2) of	15344
this section shall be deducted from payments to school districts	15345
pursuant to division (K)(2) of section 3317.023 of the Revised	15346
Code.	15347

(C) Each multicounty service center shall receive a payment	15348
each fiscal year equal to forty dollars and fifty-two cents times	15349
the sum of the service center ADM and the client ADMs of all its	15350
client districts.	15351

(D) Each city, exempted village, local, joint vocational, or	15352
cooperative education school district shall pay to the governing	15353
board of an educational service center any amounts agreed to for	15354
each child enrolled in the district who receives special education	15355
and related services or vocational education from the educational	15356
service center.	15357

(E) As used in this section:

15358

(1) "Service center ADM" means the total of each of the	15359
following for all local school districts within the limits of an	15360
educational service center's territory:	15361

(a) The formula ADM;

15362

(b) The kindergarten average daily membership included in	15363
the formula ADM;	15364

(c) Three-quarters of the number of students reported under	15365
division (B)(4) of section 3317.03 of the Revised Code;	15366

(d) The average daily membership of handicapped preschool	15367
children reported under division (B)(2) of section 3317.03 of the	15368
Revised Code;	15369

(e) The number of preschool students certified under	15370
division (B) of section 3317.032 of the Revised Code.	15371

(2) "Client ADM" means the total of each number described	15372
under divisions (E)(1)(a) to (e) of this section for a client	15373
district.	15374

(3) "Client district" means a city or exempted village school	15375
district that has entered into an agreement to receive services	15376
from a service center pursuant to section 3313.843 of the Revised	15377
Code.	15378

(4) "Multicounty service center" means a service center that	15379
includes territory that formerly was included in the territory of	15380
at least three former service centers or county school districts,	15381
which former centers or districts engaged in one or more mergers	15382
pursuant to section 3311.053 of the Revised Code to form the	15383
present center.	15384

Sec. 3317.13.  (A) As used in this section and section	15385
3317.14 of the Revised Code:	15386

(1) "Years of service" includes the following:

15387

(a) All years of teaching service in the same school	15388
district or educational service center, regardless of training	15389
level, with each year consisting of at least one hundred twenty	15390
days under a teacher's contract;	15391

(b) All years of teaching service in a chartered, nonpublic	15392
school located in Ohio as a teacher licensed pursuant to section	15393
3319.22 of the Revised Code or in another public school,	15394
regardless of training level, with each year consisting of at	15395
least one hundred twenty days under a teacher's contract;	15396

(c) All years of teaching service in a chartered school or	15397
institution or a school or institution that subsequently became	15398
chartered or a chartered special education program or a special	15399
education program that subsequently became chartered operated by	15400
the state or by a subdivision or other local governmental unit of	15401
this state as a teacher licensed pursuant to section 3319.22 of	15402
the Revised Code, regardless of training level, with each year	15403
consisting of at least one hundred twenty days; and	15404

(d) All years of active military service in the armed forces	15405
of the United States, as defined in section 3307.75 of the Revised	15406
Code, to a maximum of five years. For purposes of this	15407
calculation, a partial year of active military service of eight	15408
continuous months or more in the armed forces shall be counted as	15409
a full year.	15410

(2) "Teacher" means all teachers employed by the board of	15411
education of any school district, including any cooperative	15412
education or joint vocational school district and all teachers	15413
employed by any educational service center governing board.	15414

(B) No teacher shall be paid a salary less than that	15415
provided in the schedule set forth in division (C) of this	15416
section. In calculating the minimum salary any teacher shall be	15417
paid pursuant to this section, years of service shall include the	15418
sum of all years of the teacher's teaching service included in	15419
divisions (A)(1)(a), (b), (c), and (d) of this section; except	15420
that any school district or educational service center employing a	15421
teacher new to the district or educational service center shall	15422
grant such teacher a total of not more than ten years of service	15423
pursuant to divisions (A)(1)(b), (c), and (d) of this section.	15424

Upon written complaint to the superintendent of public	15425
instruction that the board of education of a district or the	15426
governing board of an educational service center governing board	15427
has failed or refused to annually adopt a salary schedule or to	15428
pay salaries in accordance with the salary schedule set forth in	15429
division (C) of this section, the superintendent of public	15430
instruction shall cause to be made an immediate investigation of	15431
such complaint. If the superintendent finds that the conditions	15432
complained of exist, the superintendent shall order the board to	15433
correct such conditions within ten days from the date of the	15434
finding. No moneys shall be distributed to the district or	15435
educational service center under this chapter until the	15436
superintendent has satisfactory evidence of the board of	15437
education's full compliance with such order.	15438

Each teacher shall be fully credited with placement in the	15439
appropriate academic training level column in the district's or	15440
educational service center's salary schedule with years of service	15441
properly credited pursuant to this section or section 3317.14 of	15442
the Revised Code. No rule shall be adopted or exercised by any	15443
board of education or educational service center governing board	15444
which restricts the placement or the crediting of annual salary	15445
increments for any teacher according to the appropriate academic	15446
training level column.	15447

(C) Minimum salaries exclusive of retirement and sick leave	15448
for teachers shall be as follows:	15449

* Percentages represent the percentage which each salary is	15481
of the base amount.	15482

For purposes of determining the minimum salary at any level	15483
of training and service, the base of one hundred per cent shall be	15484
the base amount. The percentages used in this section show the	15485
relationships between the minimum salaries required by this	15486
section and the base amount and shall not be construed as	15487
requiring any school district or educational service center to	15488
adopt a schedule containing salaries in excess of the amounts set	15489
forth in this section for corresponding levels of training and	15490
experience.	15491

As used in this division:

15492

(1) "Base amount" means seventeen twenty thousand dollars.

15493

(2) "Five years of training" means at least one hundred	15494
fifty semester hours, or the equivalent, and a bachelor's degree	15495
from a recognized college or university.	15496

(D) For purposes of this section, all credited training	15497
shall be from a recognized college or university.	15498

Sec. 3317.16.  (A) As used in this section:

15499

(1) "State share percentage" means the percentage calculated	15500
for a joint vocational school district as follows:	15501

(a) Calculate the state base cost funding amount for the	15502
district under division (B) of this section. If the district	15503
would not receive any base cost funding for that year under that	15504
division, the district's state share percentage is zero.	15505

(b) If the district would receive base cost funding under	15506
that division, divide that base cost amount by an amount equal to	15507
the following:	15508

cost-of-doing-business factor X

15509

the formula amount X

15510

the greater of formula ADM or

15511

three-year average formula ADM

15512

The resultant number is the district's state share	15513
percentage.	15514

(2) The "total special education weight" for a joint	15515
vocational school district shall be calculated in the same manner	15516
as prescribed in division (B)(1) of section 3317.022 of the	15517
Revised Code.	15518

(3) The "total vocational education weight" for a joint	15519
vocational school district shall be calculated in the same manner	15520
as prescribed in division (B)(4)(3) of section 3317.022 of the	15521
Revised Code.	15522

(4) The "adjusted total taxable value recognized valuation"	15523
of a joint vocational school district shall be determined by	15524
adding the adjusted total taxable values recognized valuations of	15525
all its constituent school districts for the applicable fiscal	15526
year.	15527

(B) The department of education shall compute and distribute	15528
state base cost funding to each joint vocational school district	15529
for the fiscal year in accordance with the following formula:	15530

(cost-of-doing-business factor X

15531

formula amount X the greater of formula

15532

ADM or three-year average formula ADM) -

15533

(.0005 X adjusted total taxable value recognized valuation)

15534

If the difference obtained under this division is a negative	15535
number, the district's computation shall be zero.	15536

(C)(1) The department shall compute and distribute state	15537
vocational education additional weighted costs funds to each joint	15538
vocational school district in accordance with the following	15539
formula:	15540

state share percentage X formula amount X

15541

total vocational education weight

15542

(2) The department shall compute for each joint vocational	15543
school district state funds for vocational education associated	15544
services costs in accordance with the following formula:	15545

state share percentage X .05 X

15546

the formula amount X the sum of

15547

categories one and two vocational

15548

education ADM

15549

In any fiscal year, a joint vocational school district	15550
receiving funds under division (C)(2) of this section, or through	15551
a transfer of funds pursuant to division (L) of section 3317.023	15552
of the Revised Code, shall spend those funds only for the purposes	15553
that the department designates as approved for vocational	15554
education associated services expenses, which may include such	15555
purposes as apprenticeship coordinators, coordinators for other	15556
vocational education services, vocational evaluation, and other	15557
purposes designated by the department. The department may deny	15558
payment under division (C)(2) of this section to any district that	15559
the department determines is not operating those services or is	15560
using funds paid under division (C)(2) of this section, or through	15561
a transfer of funds pursuant to division (L) of section 3317.023	15562
of the Revised Code, for other purposes.	15563

(D)(1) The department shall compute and distribute state	15564
special education and related services additional weighted costs	15565
funds to each joint vocational school district in accordance with	15566
the following formula:	15567

state share percentage X formula amount X	15568

total special education weight

15569

(2)(a) As used in this division, the "personnel allowance"	15570
means twenty-five thousand dollars in fiscal year 2000 and thirty	15571
thousand dollars in fiscal year 2001 years 2002 and 2003.	15572

(b) For the provision of speech services to students,	15573
including students who do not have individualized education	15574
programs prepared for them under Chapter 3323. of the Revised	15575
Code, and for no other purpose, the department shall pay each	15576
joint vocational school district an amount calculated under the	15577
following formula:	15578

(formula ADM divided by 2000) X the personnel

15579

allowance X state share percentage

15580

(E) If a joint vocational school district's costs for a	15581
fiscal year for a student in its category three categories two	15582
through six special education ADM are twenty-five thousand dollars	15583
or more, the district may submit to the superintendent of public	15584
instruction documentation, as prescribed by the superintendent, of	15585
all of its costs for that student. Upon submission of	15586
documentation for a student of the type and in the manner	15587
prescribed, the department shall pay to the district an amount	15588
equal to the sum of the following:	15589

(1) One-half of the district's costs for the student in	15590
excess of twenty-five thousand dollars;	15591

(2) The product of one-half of the district's costs for the	15592
student in excess of twenty-five thousand dollars multiplied by	15593
the district's state share percentage.	15594

The district shall only report, and the department shall only	15595
pay for, the costs of educational expenses and the related	15596
services provided to the student in accordance with the student's	15597
individualized education program. Any legal fees, court costs, or	15598
other costs associated with any cause of action relating to the	15599
student may not be included in the amount.	15600

(F) Each fiscal year, the department shall pay each joint	15601
vocational school district an amount for adult technical and	15602
vocational education and specialized consultants.	15603

(G)(1) In any fiscal year, a joint vocational school	15604
district receiving funds under division (D) of this section shall	15605
spend on the related services specified in division (B)(3) of	15606
section 3317.022 of the Revised Code at least the lesser of the	15607
following:	15608

(a) The amount the district spent on those related services	15609
in the preceding fiscal year;	15610

(b) 1/8 X {[cost-of-doing-business factor X the formula	15611
amount X (the category one special education ADM + category two	15612
special education ADM + category three special education ADM)] +	15613
the amount calculated for the fiscal year under division (D)(1) of	15614
this section + the local share of special education and related	15615
services additional weighted costs}.	15616

(2) A joint vocational school district's local share of	15617
special education and related services additional weighted costs	15618
equals:	15619

(1 - state share percentage) X	15620

Total special education weight X

15621

the formula amount

15622

(H) In any fiscal year, if the total of all payments made to	15623
a joint vocational school district under divisions (B) to (D) of	15624
this section and division (R) of section 3317.024 of the Revised	15625
Code is less than the amount that district received in fiscal year	15626
1999 under the version of this section in effect that year, plus	15627
the amount that district received under the version of section	15628
3317.162 of the Revised Code in effect that year and minus the	15629
amounts received that year for driver education and adult	15630
education, the department shall pay the district an additional	15631
amount equal to the difference between those two amounts.	15632

(I) In fiscal years 2000 and 2001, each joint vocational	15633
school district shall continue to offer the same number of the	15634
vocational education programs that the district offered in fiscal	15635
year 1999, unless the department of education expressly agrees	15636
that the district may offer fewer programs in either or both	15637
fiscal year 2000 or 2001.	15638

Sec. 3317.19.  (A) As used in this section, "total unit	15639
allowance" means an amount equal to the sum of the following:	15640

(1) The total of the salary allowances for the teachers	15641
employed in the cooperative education school district for all	15642
units approved under division (B) or (C) of section 3317.05 of the	15643
Revised Code. The salary allowance for each unit shall equal the	15644
minimum salary for the teacher of the unit calculated on the basis	15645
of the teacher's training level and years of experience pursuant	15646
to the salary schedule prescribed in the version of section	15647
3317.13 of the Revised Code in effect prior to the effective date	15648
of this amendment.	15649

(2) Fifteen per cent of the total computed under division	15650
(A)(1) of this section;	15651

(3) The total of the unit operating allowances for all	15652
approved units. The amount of each allowance shall equal one of	15653
the following:	15654

(a) Eight thousand twenty-three dollars times the number of	15655
preschool handicapped units or fraction thereof approved for the	15656
year under division (B) of section 3317.05 of the Revised Code;	15657

(b) Two thousand one hundred thirty-two dollars times the	15658
number of units or fraction thereof approved for the year under	15659
division (C) of section 3317.05 of the Revised Code.	15660

(B) The state board of education shall compute and	15661
distribute to each cooperative education school district for each	15662
fiscal year an amount equal to the sum of the following:	15663

(1) An amount equal to the total of the amounts credited to	15664
the cooperative education school district pursuant to division (K)	15665
of section 3317.023 of the Revised Code;	15666

(2) The total unit allowance;

15667

(3) An amount for assisting in providing free lunches to	15668
needy children and an amount for assisting needy school districts	15669
in purchasing necessary equipment for food preparation pursuant to	15670
division (K) of section 3317.024 of the Revised Code.	15671

(C) If a cooperative education school district has had	15672
additional special education units approved for the year under	15673
division (F)(2) of section 3317.03 of the Revised Code, the	15674
district shall receive an additional amount during the last half	15675
of the fiscal year. For each unit, the additional amount shall	15676
equal fifty per cent of the amount computed under division (A) of	15677
this section for a unit approved under division (B) of section	15678
3317.05 of the Revised Code.	15679

Sec. 3317.20.  This section does not apply to handicapped	15680
preschool children.	15681

(A) As used in this section:

15682

(1) "Applicable weight" means:

15683

(a) For a handicapped child receiving special education	15684
services for a handicap specified in division (A) of section	15685
3317.013 of the Revised Code, the multiple specified in that	15686
division;	15687

(b) For a handicapped child receiving special education	15688
services for a handicap specified in division (B) of section	15689
3317.013 or division (F)(3) of section 3317.02 of the Revised	15690
Code, the multiple specified in division (B) of for a handicap	15691
described in that section 3317.013 of the Revised Code.	15692

(2) "Child's school district" means the school district in	15693
which a child is entitled to attend school pursuant to section	15694
3313.64 or 3313.65 of the Revised Code.	15695

(3) "State share percentage" means the state share percentage	15696
of the child's school district as defined in section 3317.022 of	15697
the Revised Code.	15698

(B) Notwithstanding sections 3317.03, 3317.05, 3317.161, and	15699
3317.162 of the Revised Code, the department of education shall	15700
not approve special education and related services units, other	15701
than for handicapped preschool children, in county MR/DD boards in	15702
fiscal years 1999, 2000, and 2001. During those fiscal years,	15703
state funding for special education and related services provided	15704
to school-age children by county MR/DD boards shall be provided	15705
under divisions (C) to (E) of this section.	15706

(C) Except as provided in division (D)(C) of this section,	15707
the department shall annually pay each county MR/DD board an	15708
amount calculated under the following formula for each handicapped	15709
child, other than a handicapped preschool child, for whom the	15710
county MR/DD board provides special education and related	15711
services:	15712

(formula amount X the cost-of-doing-business factor

15713

for the child's school district) +

15714

(state share percentage X formula amount X

15715

the applicable weight)

15716

(D)(C) If any school district places with a county MR/DD	15717
board more handicapped children than it had placed with a county	15718
MR/DD board in fiscal year 1998, the department shall not make a	15719
payment under division (C)(B) of this section for the number of	15720
children exceeding the number placed in fiscal year 1998. The	15721
department instead shall deduct from the district's payments under	15722
this chapter, and pay to the county MR/DD board, an amount	15723
calculated in accordance with the formula prescribed in division	15724
(C)(B) of this section for each child over the number of children	15725
placed in fiscal year 1998.	15726

(E)(D) The department shall calculate for each county MR/DD	15727
board receiving payments under divisions (C)(B) and (D)(C) of this	15728
section the following amounts:	15729

(1) The amount received by the county MR/DD board for	15730
approved special education and related services units, other than	15731
preschool handicapped units, in fiscal year 1998, divided by the	15732
total number of children served in the units that year;	15733

(2) The product of the quotient calculated under division	15734
(E)(D)(1) of this section times the number of children for whom	15735
payments are made under divisions (C)(B) and (D)(C) of this	15736
section.	15737

If the amount calculated under division (E)(D)(2) of this	15738
section is greater than the total amount calculated under	15739
divisions (C)(B) and (D)(C) of this section, the department shall	15740
pay the county MR/DD board one hundred per cent of the difference	15741
in addition to the payments under divisions (C)(B) and (D)(C) of	15742
this section.	15743

Sec. 3318.04.  (A) If the Ohio school facilities commission	15744
makes a determination under section 3318.03 of the Revised Code in	15745
favor of constructing, acquiring, reconstructing, or making	15746
additions to a classroom facility, the project shall be	15747
conditionally approved. Such conditional approval shall be	15748
submitted to the controlling board for approval thereof. The	15749
controlling board shall forthwith approve or reject the	15750
commission's determination, conditional approval, the amount of	15751
the state's portion of the basic project cost, and, if the state's	15752
portion exceeds twenty-five million dollars, the amount of the	15753
state's portion to be encumbered in the current fiscal biennium.	15754
In the event of approval thereof by the controlling board, the	15755
commission shall certify such conditional approval to the school	15756
district board and shall encumber from the total funds	15757
appropriated for the purpose of sections 3318.01 to 3318.20 of the	15758
Revised Code the amount of the state's portion of the basic	15759
project cost or, if the state's portion exceeds twenty-five	15760
million dollars, the amount approved under this section to be	15761
encumbered in the current fiscal biennium.	15762

The basic project cost for a project approved under this	15763
section shall not exceed the cost that would otherwise have to be	15764
incurred if the classroom facilities to be constructed, acquired,	15765
or reconstructed, or the additions to be made to classroom	15766
facilities, under such project meet, but do not exceed, the	15767
specifications for plans and materials for classroom facilities	15768
adopted by the commission.	15769

(B)(1) No school district shall have a project conditionally	15770
approved pursuant to this section if the school district has	15771
already received any assistance for a project funded under any	15772
version of sections 3318.01 to 3318.20 of the Revised Code, and	15773
the prior project was one for which the electors of such district	15774
approved a levy within the last twenty years pursuant to any	15775
version of section 3318.06 of the Revised Code for purposes of	15776
qualifying for the funding of that project, unless the district	15777
demonstrates to the satisfaction of the commission that the	15778
district has experienced since approval of its prior project an	15779
exceptional increase in enrollment significantly above the	15780
district's design capacity under that prior project as determined	15781
by rule of the commission.	15782

(2) Notwithstanding division (B)(1) of this section, any	15783
school district that received assistance under sections 3318.01 to	15784
3318.20 of the Revised Code, as those sections existed prior to	15785
May 20, 1997, may receive additional assistance under those	15786
sections, as they exist on and after May 20, 1997, prior to the	15787
expiration of the period of time required under division (B)(1) of	15788
this section, if the percentile in which the school district is	15789
located, as determined under section 3318.011 of the Revised Code,	15790
is eligible for assistance as prescribed in section 3318.02 of the	15791
Revised Code.	15792

The commission may provide assistance under sections 3318.01	15793
to 3318.20 of the Revised Code pursuant to this division to no	15794
more than five school districts per fiscal year until all eligible	15795
school districts have received the additional assistance	15796
authorized under this division. The commission shall establish	15797
application procedures, deadlines, and priorities for funding	15798
projects under this division.	15799

The commission at its discretion may waive current design	15800
specifications it has adopted for projects under sections 3318.01	15801
to 3318.20 of the Revised Code when assessing an application for	15802
additional assistance under this division for the renovation of	15803
classroom facilities constructed or renovated under a school	15804
district's previous project. If the commission finds that a	15805
school district's existing classroom facilities are adequate to	15806
meet all of the school district's needs, the commission may	15807
determine that no additional state assistance be awarded to a	15808
school district under this division.	15809

In order for a school district to be eligible to receive any	15810
additional assistance under this division, the school district	15811
electors shall extend the school district's existing levy	15812
dedicated for maintenance of classroom facilities under Chapter	15813
3318. of the Revised Code, pursuant to section 3318.061 of the	15814
Revised Code or shall provide equivalent alternative maintenance	15815
funds as specified in division (B) of section 3318.06 of the	15816
Revised Code.	15817

(3) Notwithstanding division (B)(1) of this section, any	15818
school district that has received assistance under sections	15819
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	15820
receive additional assistance if the commission decides in favor	15821
of providing such assistance pursuant to section 3318.042 of the	15822
Revised Code.	15823

Sec. 3318.042. (A) The board of education of any school	15824
district that is receiving assistance under sections 3318.01 to	15825
3318.20 of the Revised Code after May 20, 1997, and whose project	15826
is still under construction, may request that the Ohio school	15827
facilities commission examine whether the circumstances prescribed	15828
in either division (B)(1) or (2) of this section exist in the	15829
school district. If the commission so finds, the commission shall	15830
review the school district's original assessment and approved	15831
project under sections 3318.01 to 3318.20 of the Revised Code, and	15832
consider providing additional assistance to the school district to	15833
correct the prescribed conditions found to exist in the district.	15834
Additional assistance under this section shall be limited to	15835
additions to one or more buildings, remodeling of one or more	15836
buildings, or changes to the infrastructure of one or more	15837
buildings.	15838

(B) Consideration of additional assistance to a school	15839
district under this section is warranted in either of the	15840
following circumstances:	15841

(1) Additional work is needed to correct an oversight or	15842
deficiency not identified or included in the district's initial	15843
assessment.	15844

(2) Other conditions exist that, in the opinion of the	15845
comission, warrant additions or remodeling of the project	15846
facilities or changes to infrastructure associated with the	15847
district's project that were not identified in the initial	15848
assessment and plan.	15849

(C) If the commission decides in favor of providing	15850
additional assistance to any school district under this section,	15851
the school district shall be responsible for paying for its	15852
portion of the cost the additions, remodeling, or infrastucture	15853
changes pursuant to section 3318.083 of the Revised Code. If	15854
after making a financial evaluation of the school district, the	15855
commission determines that the school district is unable without	15856
undue hardship, according to the guidelines adopted by the	15857
commission, to fund the school district portion of the increase,	15858
then the state and the school district shall enter into an	15859
agreement whereby the state shall pay the portion of the cost	15860
increase attributable to the school district which is determined	15861
to be in excess of any local resources available to the district	15862
and the district shall thereafter reimburse the state. The	15863
commission shall establish the district?s schedule for reimbursing	15864
the state, which shall not extend beyond five years. Debt	15865
incurred under this section shall not be included in the	15866
calculation of the net indebtedness of the school district under	15867
section 133.06 of the Revised Code.	15868

Sec. 3318.05.  The conditional approval of the Ohio school	15869
facilities commission for a project shall lapse and the amount	15870
reserved and encumbered for such project shall be released unless	15871
the school district board accepts such conditional approval within	15872
one hundred twenty days following the date of certification of the	15873
conditional approval to the school district board and the electors	15874
of the school district vote favorably on both of the propositions	15875
proposition described in divisions (A) and (B) of this section	15876
within one year of the date of such certification, except that a	15877
school district described in division (C) of this section does not	15878
need to submit the proposition described in division (B) of this	15879
section. The propositions described in divisions (A) and (B) of	15880
this section shall be combined in a single proposal. If the	15881
district board or the district's electors fail to meet such	15882
requirements and the amount reserved and encumbered for the	15883
district's project is released, the district shall be given first	15884
priority for project funding as such funds become available.	15885

(A) On The proposition shall be on the question of issuing	15886
bonds of the school district board, for the school district's	15887
portion of the basic project cost, in an amount equal to the	15888
school district's portion of the basic project cost less any	15889
deduction made under section 3318.033 of the Revised Code; and	15890

(B) On the question of levying a tax the proceeds of which	15891
shall be used to pay the cost of maintaining the classroom	15892
facilities included in the project. Such tax shall be at the rate	15893
of not less than one-half mill for each dollar of valuation for a	15894
period of twenty-three years, subject to any extension approved	15895
under section 3318.061 of the Revised Code.	15896

(C) If a school district has in place a tax levied under	15897
section 5705.21 of the Revised Code for general ongoing permanent	15898
improvements of at least two mills for each dollar of valuation	15899
and the proceeds of such tax can be used for maintenance, the	15900
school district need not levy the additional tax required under	15901
division (B) of this section, provided the school district board	15902
includes in the agreement entered into under section 3318.08 of	15903
the Revised Code provisions earmarking an amount from the proceeds	15904
of that permanent improvement tax for maintenance of classroom	15905
facilities equivalent to the amount of the additional tax and for	15906
the equivalent number of years otherwise required under this	15907
section.	15908

(D) Proceeds of the tax to be used for maintenance of the	15909
classroom facilities under either division (B) or (C) of this	15910
section shall be deposited into a separate fund established by the	15911
school district for such purpose.	15912

Sec. 3318.051. The proceeds of any tax dedicated for the	15913
maintenance of the classroom facilities specifically acquired by a	15914
school district under any project under Chapter 3318. of the	15915
Revised Code approved by the electors of the school district prior	15916
to the effective date of this section as required under former	15917
section 3318.05 of the Revised Code as it existed prior to the	15918
effective date this section, or any existing taxes or other school	15919
district revenues earmarked for maintenance by the school district	15920
board under agreement with the school facilities commission as	15921
permitted under former section 3318.05 or under section 3318.052	15922
of the Revised Code, as those sections existed prior to the	15923
effective date of this section, shall not be required to be used	15924
for such purpose after the effective date of this section and may	15925
instead be used by the school district board to pay the cost of	15926
maintaining any classroom facilities owned or controlled by the	15927
school district board.	15928

Sec. 3318.052.  Notwithstanding any provision of divisions	15929
(A), (B), and (C) of section 3318.05 of the Revised Code to the	15930
contrary, by resolution adopted by a majority of all its members,	15931
a school district board may opt to apply the proceeds of tax	15932
levied under section 5705.21 of the Revised Code for general	15933
ongoing permanent improvements or the proceeds of school district	15934
income tax levied under Chapter 5748. of the Revised Code, or	15935
proceeds from a combination of those two taxes, if the proceeds of	15936
such levies may lawfully be used for general construction,	15937
renovation, or repair, or maintenance of classroom facilities, in	15938
lieu of all or part of the bonds and tax levies bond issue	15939
otherwise required under divisions (A), (B), and (C) of section	15940
3318.05 of the Revised Code, to leverage bonds adequate to pay all	15941
or part of the school district portion of a project under sections	15942
3318.01 to 3318.20 of the Revised Code or to generate an amount	15943
equivalent to all or part of the proceeds of the tax required	15944
under division (B) of section 3318.05 of the Revised Code to be	15945
used for maintenance of classroom facilities constructed,	15946
renovated, or repaired under such project. A school district	15947
undertaking a project under sections 3318.01 to 3318.20 of the	15948
Revised Code and opting to apply the proceeds of the tax levies	15949
pursuant to this section shall be subject to all other provisions	15950
of divisions (A), (B), and (C) of section 3318.05 of the Revised	15951
Code and the requirement for a separate maintenance fund under	15952
division (D) of section 3318.05 of the Revised Code. Bonds issued	15953
under this section shall be Chapter 133. securities, but the	15954
issuance of the bonds shall not be subject to a vote of the	15955
electors of the school district as long as the tax levies	15956
earmarked for payment of the service charges on the bonds may	15957
lawfully be used for that purpose.	15958

No state moneys shall be released for a project to which this	15959
section applies until the proceeds of any bonds issued under this	15960
section that are dedicated for the payment of the school district	15961
portion of a project are first deposited into the school	15962
district's project construction fund.	15963

Sec. 3318.06.  (A) After receipt of the conditional approval	15964
of the Ohio school facilities commission, the school district	15965
board by a majority of all of its members shall, if it desires to	15966
proceed with the project, declare all of the following by	15967
resolution:	15968

(A) That that by issuing bonds in an amount equal to the	15969
school district's portion of the basic project cost, including	15970
bonds previously authorized by the district's electors as	15971
described in section 3318.033 of the Revised Code, the district is	15972
unable to provide adequate classroom facilities without assistance	15973
from the state;	15974

(B) Unless the school district board has resolved to apply	15975
the proceeds of a property tax or the proceeds of an income tax,	15976
or a combination of proceeds from such taxes, as authorized under	15977
section 3318.052 of the Revised Code, that to qualify for such	15978
state assistance it is necessary to do either of the following:	15979

(1) Levy a tax outside the ten-mill limitation the proceeds	15980
of which shall be used to pay the cost of maintaining the	15981
classroom facilities included in the project;	15982

(2) Earmark for maintenance of classroom facilities from the	15983
proceeds of an existing permanent improvement tax levied under	15984
section 5705.21 of the Revised Code, if such tax is of at least	15985
two mills for each dollar of valuation and can be used for	15986
maintenance, an amount equivalent to the amount of the additional	15987
tax otherwise required under this section and sections 3318.05 and	15988
3318.08 of the Revised Code.	15989

(C) That the question of any tax levy specified in a	15990
resolution described in division (B)(1) of this section, if	15991
required, shall be submitted to the electors of the school	15992
district at the next general or primary election, if there be a	15993
general or primary election not less than seventy-five and not	15994
more than ninety-five days after the day of the adoption of such	15995
resolution or, if not, at a special election to be held at a time	15996
specified in the resolution which shall be not less than	15997
seventy-five days after the day of the adoption of the resolution	15998
and which shall be in accordance with the requirements of section	15999
3501.01 of the Revised Code.	16000

Such resolution shall also state that the question of issuing	16001
bonds of the board shall be combined in a single proposal with the	16002
question of such tax levy. More than one election under this	16003
section may be held in any one calendar year. Such resolution	16004
shall specify both of the following:	16005

(1) That the rate which it is necessary to levy shall be at	16006
the rate of not less than one-half mill for each one dollar of	16007
valuation, and that such tax shall be levied for a period of	16008
twenty-three years;	16009

(2) That the proceeds of the tax shall be used to pay the	16010
cost of maintaining the classroom facilities included in the	16011
project.	16012

A copy of such resolution shall after its passage and not	16013
less than seventy-five days prior to the date set therein for the	16014
election be certified to the county board of elections.	16015

The resolution of the school district board, in addition to	16016
meeting other applicable requirements of section 133.18 of the	16017
Revised Code, shall state that the amount of bonds to be issued	16018
will be an amount equal to the school district's portion of the	16019
basic project cost, and state the maximum maturity of the bonds	16020
which, notwithstanding section 133.20 of the Revised Code, may be	16021
any number of years not exceeding twenty-three as determined by	16022
the board. In estimating the amount of bonds to be issued, the	16023
board shall take into consideration the amount of moneys then in	16024
the bond retirement fund and the amount of moneys to be collected	16025
for and disbursed from the bond retirement fund during the	16026
remainder of the year in which the resolution of necessity is	16027
adopted.	16028

Notice of the election shall include the fact that the tax	16029
levy shall be at the rate of not less than one-half mill for each	16030
one dollar of valuation for a period of twenty-three years, and	16031
that the proceeds of the tax shall be used to pay the cost of	16032
maintaining the classroom facilities included in the project.	16033

The form of the ballot to be used at such election shall be:

16034

"A majority affirmative vote is necessary for passage.

16035

Shall bonds be issued by the ............ (here insert name	16036
of school district) school district to pay the local share of	16037
school construction under the State of Ohio Classroom Facilities	16038
Assistance Program in the principal amount of ............ (here	16039
insert principal amount of the bond issue), to be repaid annually	16040
over a maximum period of ............ (here insert the maximum	16041
number of years over which the principal of the bonds may be paid)	16042
years, and an annual levy of property taxes be made outside the	16043
ten-mill limitation, estimated by the county auditor to average	16044
over the repayment period of the bond issue ............ (here	16045
insert the number of mills estimated) mills for each one dollar of	16046
tax valuation, which amounts to ............ (rate expressed in	16047
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	16048
for each one hundred dollars of tax valuation to pay the annual	16049
debt charges on the bonds and to pay debt charges on any notes	16050
issued in anticipation of the bonds?"	16051

and, unless the additional levy

16052

of taxes is not required pursuant

16053

to division (C) of section

16054

3318.05 of the Revised Code,

16055

"Shall an additional levy of taxes be made for a period of	16056
twenty-three years to benefit the ............ (here insert name	16057
of school district) school district, the proceeds of which shall	16058
be used to pay the cost of maintaining the classroom facilities	16059
included in the project at the rate of .......... (here insert the	16060
number of mills, which shall not be less than one-half mill) mills	16061
for each one dollar of valuation?	16062

(D)(B) If it is necessary for the school district to acquire	16068
a site for the classroom facilities to be acquired pursuant to	16069
sections 3318.01 to 3318.20 of the Revised Code, the district	16070
board may propose either to issue bonds of the board or to levy a	16071
tax to pay for the acquisition of such site, and may combine the	16072
question of doing so with the questions question specified in	16073
division (C)(A) of this section. Bonds issued under this division	16074
for the purpose of acquiring a site are a general obligation of	16075
the school district and are Chapter 133. securities.	16076

The form of that portion of the ballot to include the	16077
question of either issuing bonds or levying a tax for site	16078
acquisition purposes shall be one of the following:	16079

(1) "Shall bonds be issued by the ............ (here insert	16080
name of the school district) school district to pay costs of	16081
acquiring a site for classroom facilities under the State of Ohio	16082
Classroom Facilities Assistance Program in the principal amount of	16083
.......... (here insert principal amount of the bond issue), to be	16084
repaid annually over a maximum period of .......... (here insert	16085
maximum number of years over which the principal of the bonds may	16086
be paid) years, and an annual levy of property taxes be made	16087
outside the ten-mill limitation, estimated by the county auditor	16088
to average over the repayment period of the bond issue ..........	16089
(here insert number of mills) mills for each one dollar of tax	16090
valuation, which amount to .......... (here insert rate expressed	16091
in cents or dollars and cents, such as "thirty-six cents" or	16092
"$0.36") for each one hundred dollars of valuation to pay the	16093
annual debt charges on the bonds and to pay debt charges on any	16094
notes issued in anticipation of the bonds?"	16095

(2) "Shall an additional levy of taxes outside the ten-mill	16096
limitation be made for the benefit of the .......... (here insert	16097
name of the school district) .......... school district for the	16098
purpose of acquiring a site for classroom facilities in the sum of	16099
......... (here insert annual amount the levy is to produce)	16100
estimated by the county auditor to average ........ (here insert	16101
number of mills) mills for each one hundred dollars of valuation,	16102
for a period of ......... (here insert number of years the millage	16103
is to be imposed) years?"	16104

Where it is necessary to combine the question of issuing	16105
bonds of the school district and levying a tax as described in	16106
division (C)(A) of this section with the question of issuing bonds	16107
of the school district for acquisition of a site, the question	16108
specified in division (C)(A) of this section to be voted on shall	16109
be "For the Bond Issues and the Tax Levy" and "Against the Bond	16110
Issues and the Tax Levy."	16111

Where it is necessary to combine the question of issuing	16112
bonds of the school district and levying a tax as described in	16113
division (C)(A) of this section with the question of levying a tax	16114
for the acquisition of a site, the question specified in division	16115
(C)(A) of this section to be voted on shall be "For the Bond Issue	16116
and the Tax Levies Levy" and "Against the Bond Issue and the Tax	16117
Levies Levy."	16118

If a majority of those voting upon a proposition hereunder	16119
which includes the question of issuing bonds vote in favor	16120
thereof, and if the agreement provided for by section 3318.08 of	16121
the Revised Code has been entered into, the school district board	16122
may proceed under Chapter 133. of the Revised Code, with the	16123
issuance of bonds or bond anticipation notes in accordance with	16124
the terms of the agreement.	16125

Sec. 3318.08.  If the requisite favorable vote on the	16126
election is obtained, or if the school district board has resolved	16127
to apply the proceeds of a property tax levy or the proceeds of an	16128
income tax, or a combination of proceeds from such taxes, as	16129
authorized in section 3318.052 of the Revised Code, the Ohio	16130
school facilities commission, upon certification to it of either	16131
the results of the election or the resolution under section	16132
3318.052 of the Revised Code, shall enter into a written agreement	16133
with the school district board for the construction and sale of	16134
the project, which agreement shall include, but need not be	16135
limited to, the following provisions:	16136

(A) The sale and issuance of bonds or notes in anticipation	16137
thereof, as soon as practicable after the execution of the	16138
agreement, in an amount equal to the school district's portion of	16139
the basic project cost, including any bonds previously authorized	16140
by the district's electors as described in section 3318.033 of the	16141
Revised Code; provided, that if at that time the county treasurer	16142
of each county in which the school district is located has not	16143
commenced the collection of taxes on the general duplicate of real	16144
and public utility property for the year in which the controlling	16145
board approved the project, the school district board shall	16146
authorize the issuance of a first installment of bond anticipation	16147
notes in an amount specified by the agreement, which amount shall	16148
not exceed an amount necessary to raise the net bonded	16149
indebtedness of the school district as of the date of the	16150
controlling board's approval to within five thousand dollars of	16151
the required level of indebtedness for the preceding year. In the	16152
event that a first installment of bond anticipation notes is	16153
issued, the school district board shall, as soon as practicable	16154
after the county treasurer of each county in which the school	16155
district is located has commenced the collection of taxes on the	16156
general duplicate of real and public utility property for the year	16157
in which the controlling board approved the project, authorize the	16158
issuance of a second and final installment of bond anticipation	16159
notes or a first and final issue of bonds.	16160

The combined value of the first and second installment of	16161
bond anticipation notes or the value of the first and final issue	16162
of bonds shall be equal to the school district's portion of the	16163
basic project cost. The proceeds of any such bonds shall be used	16164
first to retire any bond anticipation notes. Otherwise, the	16165
proceeds of such bonds and of any bond anticipation notes, except	16166
the premium and accrued interest thereon, shall be deposited in	16167
the school district's project construction fund. In determining	16168
the amount of net bonded indebtedness for the purpose of fixing	16169
the amount of an issue of either bonds or bond anticipation notes,	16170
gross indebtedness shall be reduced by moneys in the bond	16171
retirement fund only to the extent of the moneys therein on the	16172
first day of the year preceding the year in which the controlling	16173
board approved the project. Should there be a decrease in the tax	16174
valuation of the school district so that the amount of	16175
indebtedness that can be incurred on the tax duplicates for the	16176
year in which the controlling board approved the project is less	16177
than the amount of the first installment of bond anticipation	16178
notes, there shall be paid from the school district's project	16179
construction fund to the school district's bond retirement fund to	16180
be applied against such notes an amount sufficient to cause the	16181
net bonded indebtedness of the school district, as of the first	16182
day of the year following the year in which the controlling board	16183
approved the project, to be within five thousand dollars of the	16184
required level of indebtedness for the year in which the	16185
controlling board approved the project. The maximum amount of	16186
indebtedness to be incurred by any school district board as its	16187
share of the cost of the project is either an amount that will	16188
cause its net bonded indebtedness, as of the first day of the year	16189
following the year in which the controlling board approved the	16190
project, to be within five thousand dollars of the required level	16191
of indebtedness, or an amount equal to the required percentage of	16192
the basic project costs, whichever is greater. All bonds and bond	16193
anticipation notes shall be issued in accordance with Chapter 133.	16194
of the Revised Code, and notes may be renewed as provided in	16195
section 133.22 of the Revised Code.	16196

(B)(1) The transfer of such funds of the school district	16197
board available for the project, together with the proceeds of the	16198
sale of the bonds or notes, except premium, accrued interest, and	16199
interest included in the amount of the issue, to the school	16200
district's project construction fund;	16201

(2)(C) If section 3318.052 of the Revised Code applies, the	16202
earmarking of the proceeds of a tax levied under section 5705.21	16203
of the Revised Code for general ongoing permanent improvements or	16204
the proceeds of a school district income tax levied under Chapter	16205
5748. of the Revised Code, or the proceeds from a combination of	16206
those two taxes, in an amount to pay all or part of the service	16207
charges on bonds issued to pay the school district portion of the	16208
project and an amount equivalent to all or part of the tax	16209
required under division (B) of section 3318.05 of the Revised	16210
Code.	16211

(C) If section 3318.052 of the Revised Code does not apply,	16212
either of the following:	16213

(1) The levy of the tax authorized at the election for the	16214
payment of maintenance costs, as specified in division (B) of	16215
section 3318.05 of the Revised Code;	16216

(2) If the school district electors have approved a	16217
continuing tax of at least two mills for each dollar of valuation	16218
for general ongoing permanent improvements under section 5705.21	16219
of the Revised Code and that tax can be used for maintenance, the	16220
earmarking of an amount of the proceeds from such tax for	16221
maintenance of classroom facilities as specified in division (B)	16222
of section 3318.05 of the Revised Code.	16223

(D) Ownership of or interest in the project during the	16224
period of construction, which shall be divided between the	16225
commission and the school district board in proportion to their	16226
respective contributions to the school district's project	16227
construction fund;	16228

(E) Maintenance of the state's interest in the project until	16229
any obligations issued for the project under section 3318.26 of	16230
the Revised Code are no longer outstanding;	16231

(F) The insurance of the project by the school district from	16232
the time there is an insurable interest therein and so long as the	16233
state retains any ownership or interest in the project pursuant to	16234
division (D) of this section, in such amounts and against such	16235
risks as the commission shall require; provided, that the cost of	16236
any required insurance until the project is completed shall be a	16237
part of the basic project cost;	16238

(G) The certification by the director of budget and	16239
management that funds are available and have been set aside to	16240
meet the state's share of the basic project cost as approved by	16241
the controlling board pursuant to section 3318.04 of the Revised	16242
Code;	16243

(H) Authorization of the school district board to advertise	16244
for and receive construction bids for the project, for and on	16245
behalf of the commission, and to award contracts in the name of	16246
the state subject to approval by the commission;	16247

(I) Provisions for the disbursement of moneys from the	16248
school district's project account upon issuance by the commission	16249
or the commission's designated representative of vouchers for work	16250
done to be certified to the commission by the treasurer of the	16251
school district board;	16252

(J) Disposal of any balance left in the school district's	16253
project construction fund upon completion of the project;	16254

(K) Limitations upon use of the project or any part of it so	16255
long as any obligations issued to finance the project under	16256
section 3318.26 of the Revised Code are outstanding;	16257

(L) Provision for vesting the state's interest in the	16258
project to the school district board when the obligations issued	16259
to finance the project under section 3318.26 of the Revised Code	16260
are outstanding;	16261

(M) Provision for deposit of an executed copy of the	16262
agreement in the office of the commission;	16263

(N) Provision for termination of the contract and release of	16264
the funds encumbered at the time of the conditional approval, if	16265
the proceeds of the sale of the bonds of the school district board	16266
are not paid into the school district's project construction fund	16267
and if bids for the construction of the project have not been	16268
taken within such period after the execution of the agreement as	16269
may be fixed by the commission;	16270

(O) Provision for the school district to maintain the	16271
project in accordance with a plan approved by the commission;	16272

(P) Provision that all state funds reserved and encumbered	16273
to pay the state share of the cost of the project pursuant to	16274
section 3318.03 of the Revised Code be spent on the construction	16275
or acquisition of the project prior to the expenditure of any	16276
funds provided by the school district to pay for its share of the	16277
project cost, unless the school district certifies to the	16278
commission that expenditure by the school district is necessary to	16279
maintain the tax-exempt status of notes or bonds issued by the	16280
school district to pay for its share of the project cost in which	16281
case, the school district may commit to spend, or spend, a portion	16282
of the funds it provides;	16283

(Q) A provision stipulating that the commission may prohibit	16284
the district from proceeding with any project if the commission	16285
determines that the site is not suitable for construction	16286
purposes. The commission may perform soil tests in its	16287
determination of whether a site is appropriate for construction	16288
purposes.	16289

Sec. 3318.12.  The Ohio school facilities commission shall	16290
cause to be transferred to the school district's project	16291
construction fund the necessary amounts from amounts appropriated	16292
by the general assembly and set aside for such purpose, from time	16293
to time as may be necessary to pay obligations chargeable to such	16294
fund when due. All investment earnings of a school district's	16295
project construction fund shall be credited to the fund.	16296

The treasurer of the school district board shall disburse	16297
funds from the school district's project construction fund,	16298
including investment earnings credited to the fund, only upon the	16299
approval of the commission or the commission's designated	16300
representative. The commission or the commission's designated	16301
representative shall issue vouchers against such fund, in such	16302
amounts, and at such times as required by the contracts for	16303
construction of the project.	16304

After the project has been completed:

16305

(A) Any investment earnings remaining in the project	16306
construction fund that are attributable to the school district's	16307
contribution to the fund shall be transferred to the district's	16308
capital and maintenance fund required by division (B) of section	16309
3318.05 3315.18 of the Revised Code, and the money shall be used	16310
solely for maintaining the classroom facilities included in the	16311
project any purpose permitted under that section.	16312

(B) Any investment earnings remaining in the project	16313
construction fund that are attributable to the state's	16314
contribution to the fund shall be transferred to the commission	16315
for expenditure pursuant to sections 3318.01 to 3318.20 of the	16316
Revised Code.	16317

(C) Any other surplus remaining in the school district's	16318
project construction fund after the project has been completed	16319
shall be transferred to the commission and the school district	16320
board in proportion to their respective contributions to the fund.	16321
The commission shall use the money transferred to it under this	16322
division for expenditure pursuant to sections 3318.01 to 3318.20	16323
of the Revised Code.	16324

Sec. 3318.31.  (A) The Ohio school facilities commission may	16325
perform any act and ensure the performance of any function	16326
necessary or appropriate to carry out the purposes of, and	16327
exercise the powers granted under, Chapter 3318. of the Revised	16328
Code, including any of the following:	16329

(1) Employ and fix the compensation of such employees as will	16330
facilitate the activities and purposes of the commission, and who	16331
shall serve at the pleasure of the commission.	16332

(2) Adopt, amend, and rescind, pursuant to section 111.15 of	16333
the Revised Code, rules for the administration of programs	16334
authorized under Chapter 3318. of the Revised Code.	16335

(3)(2) Contract with, retain the services of, or designate,	16336
and fix the compensation of, such agents, accountants,	16337
consultants, advisers, and other independent contractors as may be	16338
necessary or desirable to carry out the programs authorized under	16339
Chapter 3318. of the Revised Code.	16340

(4)(3) Receive and accept any gifts, grants, donations, and	16341
pledges, and receipts therefrom, to be used for the programs	16342
authorized under Chapter 3318. of the Revised Code.	16343

(5)(4) Make and enter into all contracts, commitments, and	16344
agreements, and execute all instruments, necessary or incidental	16345
to the performance of its duties and the execution of its rights	16346
and powers under Chapter 3318. of the Revised Code.	16347

(B) The commission shall appoint and fix the compensation of	16348
an executive director who shall serve at the pleasure of the	16349
commission. The executive director shall supervise the operations	16350
of the commission. The executive director also shall employ and	16351
fix the compensation of such employees as will facilitate the	16352
activities and purposes of the commission, who shall serve at the	16353
pleasure of the executive director.	16354

(C) The attorney general shall serve as the legal	16355
representative for the commission and may appoint other counsel as	16356
necessary for that purpose in accordance with section 109.07 of	16357
the Revised Code.	16358

Sec. 3318.36.  (A) As used in this section:	16359

(1) "Ohio school facilities commission," "classroom	16360
facilities," "school district," "school district board," "net	16361
bonded indebtedness," "required percentage of the basic project	16362
costs," "basic project cost," "valuation," and "percentile" have	16363
the same meanings as in section 3318.01 of the Revised Code.	16364

(2) "Required level of indebtedness" means five per cent of	16365
the school district's valuation for the year preceding the year in	16366
which the commission and school district enter into an agreement	16367
under division (B) of this section, plus [two one-hundredths of	16368
one per cent multiplied by (the percentile in which the district	16369
ranks in the fiscal year the commission and the school district	16370
enter into such agreement minus one)].	16371

(3) "Local resources" means any moneys generated in any	16372
manner permitted for a school district board to raise the school	16373
district portion of a project undertaken with assistance under	16374
sections 3318.01 to 3318.20 of the Revised Code.	16375

(B)(1) There is hereby established the school building	16376
assistance expedited local partnership program. Under the	16377
program, the Ohio school facilities commission may enter into an	16378
agreement with the school district board of any school district	16379
under which the school district board may proceed with the new	16380
construction or major repairs of a part of the school district's	16381
classroom facilities needs, as determined under sections 3318.01	16382
to 3318.20 of the Revised Code, through the expenditure of local	16383
resources prior to the school district's eligibility for state	16384
assistance under sections 3318.01 to 3318.20 of the Revised Code	16385
and may apply that expenditure toward meeting the school	16386
district's portion of the basic project cost of the total of the	16387
school district's classroom facilities needs, as determined under	16388
sections 3318.01 to 3318.20 of the Revised Code and as	16389
recalculated under division (E) of this section, that are eligible	16390
for state assistance under sections 3318.01 to 3318.20 of the	16391
Revised Code when the school district becomes eligible for such	16392
state assistance. Any school district that is reasonably expected	16393
to receive assistance under sections 3318.01 to 3318.20 of the	16394
Revised Code within two fiscal years from the date the school	16395
district adopts its resolution under division (B) of this section	16396
shall not be eligible to participate in the program.	16397

(2) To participate in the program, a school district board	16398
shall first adopt a resolution certifying to the commission the	16399
board's intent to participate in the program.	16400

The resolution shall specify the approximate date that the	16401
board intends to seek elector approval of any bond or tax measures	16402
or to apply other local resources to use to pay the cost of	16403
classroom facilities to be constructed under this section. The	16404
resolution shall not specify an election sooner than twelve months	16405
after the date the resolution is adopted by the board. The board	16406
shall submit its resolution to the commission not later than ten	16407
days after the date the resolution is adopted by the board.	16408

The commission shall not consider any resolution that is	16409
submitted pursuant to division (B)(2) of this section, as amended	16410
by this amendment, sooner than the effective date of this	16411
amendment September 14, 2000.	16412

(3) Any project under this section shall comply with section	16413
3318.03 of the Revised Code and with any specifications for plans	16414
and materials for classroom facilities adopted by the commission	16415
under section 3318.04 of the Revised Code.	16416

(C) Based on the results of the on-site visits and	16417
assessment conducted under division (B)(2) of this section, the	16418
commission shall determine the basic project cost of the school	16419
district's classroom facilities needs. The commission shall	16420
determine the school district's portion of such basic project	16421
cost, which shall be the greater of:	16422

(1) The required percentage of the basic project costs,	16423
determined based on the school district's percentile ranking in	16424
the fiscal year the commission and the school district enter into	16425
the agreement under division (B) of this section;	16426

(2) An amount necessary to raise the school district's net	16427
bonded indebtedness, as of the fiscal year the commission and the	16428
school district enter into the agreement under division (B) of	16429
this section, to within five thousand dollars of the required	16430
level of indebtedness.	16431

(D)(1) When the commission determines the basic project cost	16432
of the classroom facilities needs of a school district and the	16433
school district's portion of that basic project cost under	16434
division (C) of this section, the project shall be conditionally	16435
approved. Such conditional approval shall be submitted to the	16436
controlling board for approval thereof. The controlling board	16437
shall forthwith approve or reject the commission's determination,	16438
conditional approval, and the amount of the state's portion of the	16439
basic project cost; however, no state funds shall be encumbered	16440
under this section. Upon approval by the controlling board, the	16441
school district board may identify a discrete part of its	16442
classroom facilities needs, which shall include only new	16443
construction of or additions or major repairs to a particular	16444
building, to address with local resources. Upon identifying a	16445
part of the school district's basic project cost to address with	16446
local resources, the school district board may allocate any	16447
available school district moneys to pay the cost of that	16448
identified part, including the proceeds of an issuance of bonds if	16449
approved by the electors of the school district.	16450

All local resources utilized under this division shall first	16451
be deposited in the project construction account required under	16452
section 3318.08 of the Revised Code.	16453

(2) Unless the school district board exercises its option	16454
under division (D)(3) of this section, for a school district to	16455
qualify for participation in the program authorized under this	16456
section, either:	16457

(a) The electors of the school district by a majority vote	16458
shall approve the levy of taxes outside the ten-mill limitation	16459
for a period of twenty-three years at the rate of not less than	16460
one-half mill for each dollar of valuation to be used to pay the	16461
cost of maintaining the classroom facilities included in the basic	16462
project cost as determined by the commission. The form of the	16463
ballot to be used to submit the question whether to approve the	16464
tax required under this division to the electors of the school	16465
district shall be the form for an additional levy of taxes	16466
prescribed in section 3318.361 of the Revised Code.	16467

(b) As authorized under division (C) of section 3318.05 of	16468
the Revised Code, the school district board shall earmark from the	16469
proceeds of a permanent improvement tax levied under section	16470
5705.21 of the Revised Code, an amount equivalent to the	16471
additional tax otherwise required under division (D)(2)(a) of this	16472
section for the maintenance of the classroom facilities included	16473
in the basic project cost as determined by the commission.	16474

(3) A school district board may opt to delay levying the	16475
additional tax required under division (D)(2)(a) of this section	16476
or earmarking of the proceeds of a permanent improvement tax	16477
alternatively required under division (D)(2)(b) of this section	16478
until such time as the school district becomes eligible for state	16479
assistance under sections 3318.01 to 3318.20 of the Revised Code.	16480
In order to exercise its option under this division, the board	16481
shall certify to the commission a resolution indicating the	16482
board's intent to do so prior to entering into an agreement under	16483
division (B) of this section.	16484

(4) If pursuant to division (D)(3) of this section a	16485
district board opts to delay levying an additional tax until the	16486
district becomes eligible for state assistance, it shall submit	16487
the question of levying that tax to the district electors as	16488
follows:	16489

(a) In accordance with section 3318.06 of the Revised Code	16490
if it will also be necessary pursuant to division (E) of this	16491
section to submit a proposal for approval of a bond issue;	16492

(b) In accordance with section 3318.361 of the Revised Code	16493
if it is not necessary to also submit a proposal for approval of a	16494
bond issue pursuant to division (E) of this section.	16495

(5) No state assistance under sections 3318.01 to 3318.20 of	16496
the Revised Code shall be released until a school district board	16497
that adopts and certifies a resolution under this division either	16498
has levied the additional tax or has earmarked the proceeds of a	16499
tax as specified in division (D) of this section.	16500

Any amount required for maintenance under division (D)(2) of	16501
this section shall be deposited into a separate fund as specified	16502
in division (B) of section 3318.05 of the Revised Code.	16503

(E)(1) If the school district becomes eligible for state	16504
assistance under sections 3318.01 to 3318.20 of the Revised Code	16505
based on its percentile ranking as determined under division (B)	16506
of this section, the commission shall conduct a new assessment of	16507
the school district's classroom facilities needs and shall	16508
recalculate the basic project cost based on this new assessment.	16509
The basic project cost recalculated under this division shall	16510
include the amount of expenditures made by the school district	16511
board under division (D)(1) of this section. The commission shall	16512
then recalculate the school district's portion of the new basic	16513
project cost, which shall be the percentage of the original basic	16514
project cost assigned to the school district as its portion under	16515
division (C) of this section. The commission shall deduct the	16516
expenditure of school district moneys made under division (D)(1)	16517
of this section from the school district's portion of the basic	16518
project cost as recalculated under this division. If the amount	16519
of school district resources applied by the school district board	16520
to the school district's portion of the basic project cost under	16521
this section is less than the total amount of such portion as	16522
recalculated under this division, the school district board by a	16523
majority vote of all of its members shall, if it desires to seek	16524
state assistance under sections 3318.01 to 3318.20 of the Revised	16525
Code, adopt a resolution as specified in section 3318.06 of the	16526
Revised Code to submit to the electors of the school district the	16527
question of approval of a bond issue in order to pay any	16528
additional amount of school district portion required for state	16529
assistance. Any tax levy approved under division (D) of this	16530
section satisfies the requirements to levy the additional tax	16531
under section 3318.06 of the Revised Code.	16532

(2) If the amount of school district resources applied by	16533
the school district board to the school district's portion of the	16534
basic project cost under this section is more than the total	16535
amount of such portion as recalculated under this division, within	16536
one year after the school district's portion is recalculated under	16537
division (E)(1) of this section the commission may grant to the	16538
school district the difference between the two calculated	16539
portions, but at no time shall the commission expend any state	16540
funds on a project in an amount greater than the state's portion	16541
of the basic project cost as recalculated under this division.	16542

Any reimbursement under this division shall be only for local	16543
resources the school district has applied toward construction cost	16544
expenditures for the classroom facilities approved by the	16545
commission, which shall not include any financing costs associated	16546
with that construction.	16547

The school district board shall use any moneys reimbursed to	16548
the district under this division to pay off any debt service the	16549
district owes for classroom facilities constructed under its	16550
project under this section before such moneys are applied to any	16551
other purpose.	16552

Sec. 3318.362.  This section applies only to a school	16553
district that participates in the school building assistance	16554
expedited local partnership program under section 3318.36 of the	16555
Revised Code.	16556

Notwithstanding the twenty-three year maximum maturity for	16557
bonds proposed to be issued by a school district board for a	16558
classroom facilities project pursuant to division (C)(A) of	16559
section 3318.06 of the Revised Code, a school district board that	16560
enters into an agreement with the Ohio school facilities	16561
commission under division (B) of section 3318.36 of the Revised	16562
Code may propose for issuance any bonds necessary for its	16563
participation in the program under section 3318.36 of the Revised	16564
Code for a term longer than twenty-three years but not to exceed	16565
the term calculated pursuant to section 133.20 of the Revised	16566
Code. Any moneys received from the state under division (E)(2) of	16567
section 3318.36 of the Revised Code shall be applied, as agreed in	16568
writing by the school district board and the commission, to pay	16569
debt service on outstanding bonds or bond anticipation notes	16570
issued by the school district board for its participation in the	16571
expedited local partnership program, including by placing those	16572
moneys in an applicable escrow fund under division (D) of section	16573
133.34 of the Revised Code.	16574

Sec. 3318.363. (A) This section applies only to a school	16575
district participating in the school building assistance expedited	16576
local partnership program under section 3318.36 of the Revised	16577
Code.	16578

(B) If there is a decrease in the tax valuation of a	16579
school district to which this section applies by ten per cent or	16580
greater from one tax year to the next due to a decrease in the	16581
assessment rate of the taxable property of an electric company	16582
that owns property in the district, as provided for in section	16583
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the	16584
123rd General Assembly, the Ohio school facilities commission	16585
shall calculate or recalculate the state and school district	16586
portions of the basic project cost of the school district's	16587
project by determining the percentile rank in which the district	16588
would be located if such ranking were made using the current year	16589
adjusted valuation per pupil, as calculated and reported to the	16590
commission by the department of education under division (A) of	16591
section 3318.011 of the Revised Code, rather than the three-year	16592
average adjusted valuation per pupil, calculated under division	16593
(B) of that section. For such district, the required percentage	16594
of the basic project cost used to determine the state and school	16595
district shares of that cost under division (C) of section 3318.36	16596
of the Revised Code shall be based on the percentile rank as	16597
calculated under this section rather than as otherwise provided in	16598
division (C)(1) of section 3318.36 of the Revised Code. If the	16599
commission has determined the state and school district portion of	16600
the basic project cost of such a district's project under section	16601
3318.36 of the Revised Code prior to that decrease in tax	16602
valuation, the commission shall adjust the state and school	16603
district shares of the basic project cost of such project in	16604
accordance with this section.	16605

Sec. 3318.37.  (A) As used in this section:

16606

(1) "Low wealth school district" means a school district in	16607
the first through fiftieth percentiles as determined under section	16608
3318.011 of the Revised Code.	16609

(2) A "school district with an exceptional need for	16610
immediate classroom facilities assistance" means a low wealth	16611
school district with an exceptional need for new facilities in	16612
order to protect the health and safety of all or a portion of its	16613
students. School districts reasonably expected to be eligible for	16614
state assistance under sections 3318.01 to 3318.20 of the Revised	16615
Code within three fiscal years after assistance under this section	16616
is being considered by the Ohio school facilities commission, and	16617
school districts that participate in the school building	16618
assistance expedited local partnership program under section	16619
3318.36 of the Revised Code shall not be eligible for assistance	16620
under this section.	16621

(B)(1) There is hereby established the exceptional needs	16622
school facilities assistance program. Under the program, the Ohio	16623
school facilities commission may set aside from the moneys	16624
annually appropriated to it for classroom facilities assistance	16625
projects up to twenty-five per cent for assistance to school	16626
districts with exceptional needs for immediate classroom	16627
facilities assistance.	16628

(2)(a) After consulting with education and construction	16629
experts, the commission shall adopt guidelines for identifying	16630
school districts with an exceptional need for immediate classroom	16631
facilities assistance.	16632

(b) The guidelines shall include application forms and	16633
instructions for school districts that believe they have an	16634
exceptional need for immediate classroom facilities assistance.	16635

(3) The commission shall evaluate the classroom facilities,	16636
and the need for replacement classroom facilities from the	16637
applications received under this section. The commission,	16638
utilizing the guidelines adopted under division (B)(2)(a) of this	16639
section, shall prioritize the school districts to be assessed.	16640

Notwithstanding section 3318.02 of the Revised Code, the	16641
commission may conduct on-site evaluation of the school districts	16642
prioritized under this section and approve and award funds until	16643
such time as all funds set aside under division (B)(1) of this	16644
section have been encumbered under section 3318.04 of the Revised	16645
Code.	16646

(4) Notwithstanding division (A) of section 3318.05 of the	16647
Revised Code, the school district's portion of the basic project	16648
cost under this section shall be the "required percentage of the	16649
basic project costs," as defined in division (K) of section	16650
3318.01 of the Revised Code.	16651

(5) Except as otherwise specified in this section, any	16652
project undertaken with assistance under this section shall comply	16653
with all provisions of sections 3318.01 to 3318.20 of the Revised	16654
Code. A school district may receive assistance under sections	16655
3318.01 to 3318.20 of the Revised Code for the remainder of the	16656
district's classroom facilities needs as assessed under this	16657
section when the district is eligible for such assistance pursuant	16658
to section 3318.02 of the Revised Code, but any classroom facility	16659
constructed with assistance under this section shall not be	16660
included in a district's project at that time unless the	16661
commission determines the district has experienced the increased	16662
enrollment specified in division (B)(1) of section 3318.04 of the	16663
Revised Code.	16664

Sec. 3318.38.  (A) As used in this section, "big-eight	16665
school district" has the same meaning as in section 3314.02 of the	16666
Revised Code.	16667

(B) There is hereby established the accelerated urban school	16668
building assistance program. Under the program, notwithstanding	16669
section 3318.02 of the Revised Code, any big-eight school district	16670
that has not been approved to receive assistance under sections	16671
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	16672
beginning on that date apply for approval of and be approved for	16673
such assistance. Except as otherwise provided in this section,	16674
any project approved and undertaken pursuant to this section shall	16675
comply with all provisions of sections 3318.01 to 3318.20 of the	16676
Revised Code.	16677

The Ohio school facilities commission shall provide	16678
assistance to any big-eight school district eligible for	16679
assistance under this section in the following manner:	16680

(1) Notwithstanding section 3318.02 of the Revised Code:

16681

(a) Not later than June 30, 2002, the commission shall	16682
conduct an on-site visit and shall assess the classroom facilities	16683
needs of each big-eight school district eligible for assistance	16684
under this section;	16685

(b) Beginning July 1, 2002, any big-eight school district	16686
eligible for assistance under this section may apply to the	16687
commission for conditional approval of its project as determined	16688
by the assessment conducted under division (B)(1)(a) of this	16689
section. The commission may conditionally approve that project	16690
and submit it to the controlling board for approval pursuant to	16691
section 3318.04 of the Revised Code.	16692

(2) If the controlling board approves the project of a	16693
big-eight school district eligible for assistance under this	16694
section, the commission and the school district shall enter into	16695
an agreement as prescribed in section 3318.08 of the Revised Code.	16696
Any agreement executed pursuant to this division shall include any	16697
applicable segmentation provisions as approved by the commission	16698
under division (B)(3) of this section.	16699

(3) Notwithstanding any provision to the contrary in	16700
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	16701
big-eight school district eligible for assistance under this	16702
section may with the approval of the commission opt to divide the	16703
project as approved under division (B)(1)(b) of this section into	16704
discrete segments to be completed sequentially. Any project	16705
divided into segments shall comply with all other provisions of	16706
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	16707
as otherwise specified in this division.	16708

If a project is divided into segments under this division:

16709

(a) The school district need raise only the amount equal to	16710
its proportionate share, as determined under section 3318.032 of	16711
the Revised Code, of each segment at any one time and may seek	16712
voter approval of each segment separately;	16713

(b) The state's proportionate share, as determined under	16714
section 3318.032 of the Revised Code, of only the segment which	16715
has been approved by the school district electors or for which the	16716
district has applied a local donated contribution under section	16717
3318.084 of the Revised Code shall be encumbered at any one time.	16718
Encumbrance of additional amounts to cover the state's	16719
proportionate share of later segments shall be approved separately	16720
as they are approved by the school district electors or as the	16721
district applies a local donated contribution to the segments	16722
under section 3318.084 of the Revised Code. If the state's share	16723
of any one segment exceeds twenty-five million dollars,	16724
encumbrance of that share is subject to the provisions of section	16725
3318.11 of the Revised Code.	16726

(c) If it is necessary to levy the additional tax for	16727
maintenance under division (B) of section 3318.05 of the Revised	16728
Code with respect to any segment of the project, the district may	16729
utilize the provisions of section 3318.061 of the Revised Code to	16730
ensure that the maintenance tax extends for twenty-three years	16731
after the last segment of the project is undertaken.	16732

Sec. 3318.50. (A) As used in this section and in section	16733
3318.52 of the Revised Code:	16734

(1) "Start-up community school" means a "new start-up	16735
school" as that term is defined in division (A) of section 3314.02	16736
of the Revised Code.	16737

(2) "Classroom facilities" has the same meaning as in	16738
section 3318.01 of the Revised Code.	16739

(B) There is hereby established the community school	16740
classroom facilities loan guarantee program. Under the program,	16741
the Ohio school facilities commission may guarantee for up to	16742
fifteen years any loan made to the governing authority of a	16743
start-up community school established under Chapter 3314. of the	16744
Revised Code for the sole purpose of assisting the governing board	16745
in acquiring classroom facilities for the community school by	16746
lease, purchase, remodeling of existing facilities, or any other	16747
means except by new construction.	16748

The commission shall not make any loan guarantee under this	16749
section unless the commission has determined that the classroom	16750
facilities meet specifications established by the commission under	16751
section 3318.51 of the Revised Code.	16752

(C) Any payment made to a lending institution as a result	16753
of default on a loan guaranteed under this section shall be made	16754
from moneys in the community school classroom facilities loan	16755
guarantee fund established under section 3318.52 of the Revised	16756
Code.	16757

(D) The commission may assess a fee of up to five hundred	16758
dollars for each loan guaranteed under this section.	16759

Sec. 3318.51. Not later than nine months after the effective	16760
date of this section, the Ohio school facilities commission in	16761
consultation with the office of community school options	16762
established under section 3314.11 of the Revised Code shall	16763
develop specifications for classroom facilities for start-up	16764
community schools established under Chapter 3314. of the Revised	16765
Code.	16766

Sec. 3318.52.  There is hereby established the community	16767
school classroom facilities loan guarantee fund. The fund shall	16768
consist of such moneys as the general assembly appropriates for	16769
the purpose of guaranteeing loans to community schools under	16770
section 3318.50 of the Revised Code. Investment earnings on	16771
moneys in the fund shall be credited to the fund.	16772

Sec. 3319.19.  (A) Upon Except as provided in division (D) of	16773
this section or division (A)(2) of section 3313.37 of the Revised	16774
Code, upon request, the board of county commissioners shall	16775
provide and equip offices in the county for the use of the	16776
superintendent of an educational service center, and shall provide	16777
heat, light, water, and janitorial services for such offices. Such	16778
offices shall be the permanent headquarters of the superintendent	16779
and shall be used by the governing board of the service center	16780
when it is in session. Except as provided in division (B) of this	16781
section, such offices shall be located in the county seat or, upon	16782
the approval of the governing board, may be located outside of the	16783
county seat.	16784

(B) In the case of a service center formed under section	16785
3311.053 of the Revised Code, the governing board shall designate	16786
the site of its offices. The Except as provided in division (D) of	16787
this section or division (A)(2) of section 3313.37 of the Revised	16788
Code, the board of county commissioners of the county in which the	16789
designated site is located shall provide and equip the offices as	16790
under division (A) of this section, but the costs of such offices	16791
and equipment not covered by funds received under section 307.031	16792
of the Revised Code shall be apportioned among the boards of	16793
county commissioners of all counties having any territory in the	16794
area under the control of the governing board, according to the	16795
proportion of local school district pupils under the supervision	16796
of such board residing in the respective counties. Where there is	16797
a dispute as to the amount any board of county commissioners is	16798
required to pay, the probate judge of the county in which the	16799
greatest number of pupils under the supervision of the governing	16800
board reside shall apportion such costs among the boards of county	16801
commissioners and notify each such board of its share of the	16802
costs.	16803

(C) By the first day of March of each year, the	16804
superintendent of public instruction shall certify to the tax	16805
commissioner the ADM and the number of full-time licensed	16806
employees of each educational service center for the purposes of	16807
the distribution of funds to boards of county commissioners	16808
required under division (B) of section 307.031 of the Revised	16809
Code. As used in this section, "ADM" means the formula ADMs of	16810
all the local districts having territory in the service center, as	16811
certified in October of the previous year by the service center	16812
superintendent to the state board of education under section	16813
3317.03 of the Revised Code. As used in this division, "licensed	16814
employee" has the same meaning as in section 307.031 of the	16815
Revised Code.	16816

(D) The superintendent of a service center may annually	16817
submit a proposal approved by the board of county commissioners to	16818
the state superintendent of public instruction, in such manner and	16819
by such date as specified by the state board of education, for a	16820
grant for the board of county commissioners to do one of the	16821
following:	16822

(1) To improve or enhance the offices and equipment provided	16823
under division (A) or (B) of this section or section 3301.0712 of	16824
the Revised Code;	16825

(2) If funds received under division (B) of section 307.031	16826
of the Revised Code are insufficient to provide for the actual	16827
cost of meeting the requirements of division (A) or (B) of section	16828
3319.19 and division (A)(2) of section 3301.0712 of the Revised	16829
Code, to provide funds to meet such costs.	16830

Any service center superintendent intending to submit a	16831
proposal shall submit it to the board of county commissioners that	16832
provides and equips the office of the superintendent for approval	16833
at least twenty days before the date of submission to the	16834
superintendent of public instruction. The superintendent of	16835
public instruction shall evaluate the proposals and select those	16836
that will most benefit the local districts supervised by the	16837
governing boards under standards adopted by the state board. For	16838
each proposal selected for a grant, the superintendent of public	16839
instruction shall determine the grant amount and, with the	16840
approval of the superintendent and the board of county	16841
commissioners, may modify a grant proposal to reflect the amount	16842
of money available for the grant. The superintendent of public	16843
instruction shall notify the board of county commissioners and the	16844
tax commissioner of the selection of the proposal as submitted or	16845
modified and the amount of the grant. If, pursuant to division	16846
(C) of section 307.031 of the Revised Code, the board of county	16847
commissioners accepts the proposal and grant, it shall expend the	16848
funds as specified in the grant proposal. If the board of county	16849
commissioners rejects the proposal and grant, the superintendent	16850
of public instruction may select another proposal from among the	16851
district proposals that initially failed to be selected for a	16852
grant.	16853

The state board of education shall adopt rules to implement	16854
the requirements of this section Not later than the thirty-first	16855
day of March of 2002, 2003, 2004, and 2005 a board of county	16856
commissioners required to provide or equip offices pursuant to	16857
division (A) or (B) of this section shall make a written estimate	16858
of the total cost it will incur for the ensuing fiscal year to	16859
provide and equip the offices and to provide heat, light, water,	16860
and janitorial services for such offices. The total estimate of	16861
cost shall include:	16862

(1) The total square feet of space to be utilized by the	16863
educational service center;	16864

(2) The total square feet of any common areas that should	16865
be reasonably allocated to the center and the methodology for	16866
making this allocation;	16867

(3) The actual cost per square foot for both the space	16868
utilized by and the common area allocated to the center;	16869

(4) An explanation of the methodology used to determine the	16870
per square foot cost;	16871

(5) The estimated cost of providing heat, light, and	16872
water, including an explanation of how these costs were	16873
determined;	16874

(6) The estimated cost of providing janitorial services	16875
including an explanation of the methodology used to determine this	16876
cost;	16877

(7) Any other estimated costs that the board anticipates it	16878
will occur and a detailed explanation of the costs and the	16879
rationale used to determine such costs.	16880

A copy of the total estimate of costs under this division	16881
shall be sent to the superintendent of the educational service	16882
center not later than the fifth day of April. The superintendent	16883
shall review the total estimate and shall notify the board of	16884
county commissioners not later than twenty days after receipt of	16885
the estimate of either agreement with the estimate or any specific	16886
objections to the estimates and the reasons for the objections. If	16887
the superintendent agrees with the estimate, it shall become the	16888
final total estimate of cost. Failure of the superintendent to	16889
make objections to the estimate by the twentieth day after receipt	16890
of it shall be deemed to mean that the superintendent is in	16891
agreement with the estimate.	16892

If the superintendent provides specific objections to the	16893
board of county commissioners, the board shall review the	16894
objections and may modify the original estimate and shall send a	16895
revised total estimate to the superintendent within ten days after	16896
the receipt of the superintendent's objections. The	16897
superintendent shall respond to the revised estimate within ten	16898
days after its receipt. If the superintendent agrees with it, it	16899
shall become the final total estimated cost. If the	16900
superintendent fails to respond within the required time, the	16901
superintendent shall be deemed to have agreed with the revised	16902
estimate. If the superintendent disagrees with the revised	16903
estimate, the superintendent shall send specific objections to the	16904
county commissioners.	16905

If a superintendent has sent specific objections to the	16906
revised estimate within the required time, the probate judge of	16907
the county which has the greatest number of resident local school	16908
district pupils under the supervision of the educational service	16909
center shall determine the final estimated cost and certify this	16910
amount to the superintendent and the board of county commissioners	16911
prior to the first day of July.	16912

(D)(1) A board of county commissioners shall be responsible	16913
for the following percentages of the final total estimated cost	16914
established by division (C) of this section:	16915

(a) Eighty per cent for fiscal year 2003;

16916

(b) Sixty per cent for fiscal year 2004;

16917

(c) Forty per cent for fiscal year 2005;

16918

(d) Twenty per cent for fiscal year 2006.

16919

In fiscal years 2003, 2004, 2005, and 2006 the educational	16920
service center shall be responsible for the remainder of any costs	16921
in excess of the amounts specified in division (D)(1)(a),(b), or	16922
(c) of this section, as applicable, associated with the provision	16923
and equipment of offices for the educational service center and	16924
for provision of heat, light, water, and janitorial services for	16925
such offices, including any unanticipated or unexpected increases	16926
in the costs beyond the final estimated cost amount.	16927

Beginning in fiscal year 2007, no board of county	16928
commissioners shall have any obligation to provide and equip	16929
offices for an educational service center or to provide heat,	16930
light, water, or janitorial services for such offices.	16931

(2) Nothing in this section shall prohibit the board of	16932
county commissioners and the governing board of an educational	16933
service center from entering into a contract for providing and	16934
equipping offices for the use of an educational service center and	16935
for providing heat, light, water, and janitorial services for such	16936
offices. The term of any such contract shall not exceed a period	16937
of four years and may be renewed for additional periods not to	16938
exceed four years. Any such contract shall supersede the	16939
provisions of division (D)(1) of this section.	16940

(3) No contract entered into under division (D)(2) of this	16941
section in any year prior to fiscal year 2007 between an	16942
educational service center formed under section 3311.053 of the	16943
Revised Code and the board of county commissioners required to	16944
provide and equip its office pursuant to division (B) of this	16945
section shall take effect unless the boards of county	16946
commissioners of all other counties required to participate in	16947
the funding for such offices pursuant to division (B) of this	16948
section adopt resolutions approving the contract.	16949

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	16950
"guardian," or "other person having charge or care of a child"	16951
means either parent unless the parents are separated or divorced	16952
or their marriage has been dissolved or annulled, in which case	16953
"parent" means the parent who is the residential parent and legal	16954
custodian of the child. If the child is in the legal or permanent	16955
custody of a person or government agency, "parent" means that	16956
person or government agency. When a child is a resident of a	16957
home, as defined in section 3313.64 of the Revised Code, and the	16958
child's parent is not a resident of this state, "parent,"	16959
"guardian," or "other person having charge or care of a child"	16960
means the head of the home.	16961

A child between six and eighteen years of age is "of	16962
compulsory school age" for the purpose of sections 3321.01 to	16963
3321.13 of the Revised Code. A child under six years of age who	16964
has been enrolled in kindergarten also shall be considered "of	16965
compulsory school age" for the purpose of sections 3321.01 to	16966
3321.13 of the Revised Code unless at any time the child's parent	16967
or guardian, at the parent's or guardian's discretion and in	16968
consultation with the child's teacher and principal, formally	16969
withdraws the child from kindergarten. The compulsory school age	16970
of a child shall not commence until the beginning of the term of	16971
such schools, or other time in the school year fixed by the rules	16972
of the board of the district in which the child resides.	16973

(2) No child shall be admitted to a kindergarten or a first	16974
grade of a public school in a district in which all children are	16975
admitted to kindergarten and the first grade in August or	16976
September unless the child is five or six years of age,	16977
respectively, by the thirtieth day of September of the year of	16978
admittance, or by the first day of a term or semester other than	16979
one beginning in August or September in school districts granting	16980
admittance at the beginning of such term or semester, except that	16981
in those school districts using or obtaining educationally	16982
accepted standardized testing programs for determining entrance,	16983
as approved by the board of education of such districts, the board	16984
shall admit a child to kindergarten or the first grade who fails	16985
to meet the age requirement, provided the child meets necessary	16986
standards as determined by such standardized testing programs. If	16987
the board of education has not established a standardized testing	16988
program, the board shall designate the necessary standards and a	16989
testing program it will accept for the purpose of admitting a	16990
child to kindergarten or first grade who fails to meet the age	16991
requirement. Each child who will be the proper age for entrance	16992
to kindergarten or first grade by the first day of January of the	16993
school year for which admission is requested shall be so tested	16994
upon the request of the child's parent.	16995

(3) Notwithstanding divisions (A)(2) and (D) of this	16996
section, beginning with the school year that starts in 2001 and	16997
continuing thereafter the board of education of any district may	16998
adopt a resolution establishing the first day of August in lieu of	16999
the thirtieth day of September as the required date by which	17000
students must have attained the age specified in those divisions.	17001

(B) As used in divisions (C) and (D) of this section,	17002
"successfully completed kindergarten" and "successful completion	17003
of kindergarten" mean that the child has completed the	17004
kindergarten requirements at one of the following:	17005

(1) A public or chartered nonpublic school;

17006

(2) A kindergarten class that is both of the following:

17007

(a) Offered by a day-care provider licensed under Chapter	17008
5104. of the Revised Code;	17009

(b) If offered after July 1, 1991, is directly taught by a	17010
teacher who holds one of the following:	17011

(i) A valid educator license issued under section 3319.22 of	17012
the Revised Code;	17013

(ii) A Montessori preprimary credential or age-appropriate	17014
diploma granted by the American Montessori society or the	17015
association Montessori internationale;	17016

(iii) Certification determined under division (G) of this	17017
section to be equivalent to that described in division	17018
(B)(2)(b)(ii) of this section;	17019

(iv) Certification for teachers in nontax-supported schools	17020
pursuant to section 3301.071 of the Revised Code.	17021

(C) Except as provided in division (D) of this section, no	17022
school district shall admit to the first grade any child who has	17023
not successfully completed kindergarten.	17024

(D) Upon request of a parent, the requirement of division	17025
(C) of this section may be waived by the district's pupil	17026
personnel services committee in the case of a child who is at	17027
least six years of age by the thirtieth day of September of the	17028
year of admittance and who demonstrates to the satisfaction of the	17029
committee the possession of the social, emotional, and cognitive	17030
skills necessary for first grade.	17031

The board of education of each city, local, and exempted	17032
village school district shall establish a pupil personnel services	17033
committee. The committee shall be composed of all of the	17034
following to the extent such personnel are either employed by the	17035
district or employed by the governing board of the educational	17036
service center within whose territory the district is located and	17037
the educational service center generally furnishes the services of	17038
such personnel to the district:	17039

(1) The director of pupil personnel services;

17040

(2) An elementary school counselor;

17041

(3) An elementary school principal;

17042

(4) A school psychologist;

17043

(5) A teacher assigned to teach first grade;

17044

(6) A gifted coordinator.

17045

The responsibilities of the pupil personnel services	17046
committee shall be limited to the issuing of waivers allowing	17047
admittance to the first grade without the successful completion of	17048
kindergarten. The committee shall have no other authority except	17049
as specified in this section.	17050

(E) The scheduling of times for kindergarten classes and	17051
length of the school day for kindergarten shall be determined by	17052
the board of education of a city, exempted village, or local	17053
school district.	17054

(F) Any kindergarten class offered by a day-care provider or	17055
school described by division (B)(1) or (B)(2)(a) of this section	17056
shall be developmentally appropriate.	17057

(G) Upon written request of a day-care provider described by	17058
division (B)(2)(a) of this section, the department of education	17059
shall determine whether certification held by a teacher employed	17060
by the provider meets the requirement of division (B)(2)(b)(iii)	17061
of this section and, if so, shall furnish the provider a statement	17062
to that effect.	17063

Sec. 3323.09.  (A) As used in this section:

17064

(1) "Home" has the meaning given in section 3313.64 of the	17065
Revised Code;	17066

(2) "Preschool child" means a child who is at least age three	17067
but under age six on the thirtieth day of September of an academic	17068
year.	17069

(B) Each county MR/DD board shall establish special	17070
education programs for all handicapped children who in accordance	17071
with section 3323.04 of the Revised Code have been placed in	17072
special education programs operated by the county board and for	17073
preschool children who are developmentally delayed or at risk of	17074
being developmentally delayed. The board annually shall submit to	17075
the department of education a plan for the provision of these	17076
programs and, if applicable, a request for approval of units under	17077
section 3317.05 of the Revised Code. The superintendent of public	17078
instruction shall review the plan and approve or modify it in	17079
accordance with rules adopted by the state board of education	17080
under section 3301.07 of the Revised Code. The superintendent of	17081
public instruction shall compile the plans submitted by county	17082
boards and shall submit a comprehensive plan to the state board of	17083
education.	17084

A county MR/DD board may combine transportation for children	17085
enrolled in classes funded under section 3317.20 or units approved	17086
under section 3317.05 with transportation for children and adults	17087
enrolled in programs and services offered by the board under	17088
section 5126.12 of the Revised Code.	17089

(C) A county MR/DD board that during the school year	17090
provided special education pursuant to this section for any	17091
mentally handicapped child under twenty-two years of age shall	17092
prepare and submit the following reports and statements:	17093

(1) The board shall prepare a statement for each child who	17094
at the time of receiving such special education was a resident of	17095
a home and was not in the legal or permanent custody of an Ohio	17096
resident or a government agency in this state, and whose parents	17097
are not known to have been residents of this state subsequent to	17098
the child's birth. The statement shall contain the child's name,	17099
the name of his the child's school district of residence, the name	17100
of the county board providing the special education, and the	17101
number of months, including any fraction of a month, it was	17102
provided. Not later than the thirtieth day of June, the board	17103
shall forward a certified copy of such statement to both the	17104
director of mental retardation and developmental disabilities and	17105
to the home.	17106

Within thirty days after its receipt of a statement, the home	17107
shall pay tuition to the county board computed in the manner	17108
prescribed by section 3323.141 of the Revised Code.	17109

(2) The board shall prepare a report for each school	17110
district that is the school district of residence of one or more	17111
of such children for whom statements are not required by division	17112
(C)(1) of this section. The report shall contain the name of the	17113
county board providing special education, the name of each child	17114
receiving special education, the number of months, including	17115
fractions of a month, that he the child received it, and the name	17116
of the child's school district of residence. Not later than the	17117
thirtieth day of June, the board shall forward certified copies of	17118
each report to the school district named in the report, the	17119
superintendent of public instruction, and the director of mental	17120
retardation and developmental disabilities.	17121

Sec. 3323.091.  (A) The department of mental health, the	17122
department of mental retardation and developmental disabilities,	17123
the department of youth services, and the department of	17124
rehabilitation and correction shall establish and maintain special	17125
education programs for handicapped children in institutions under	17126
their jurisdiction according to standards adopted by the state	17127
board of education. The superintendent of each institution	17128
providing special education under this chapter may apply to the	17129
state department of education for unit funding, which shall be	17130
paid in accordance with sections 3317.161 3317.052 and 3317.162	17131
3317.053 of the Revised Code.	17132

(B) On or before the thirtieth day of June of each year, the	17133
superintendent of each institution that during the school year	17134
provided special education pursuant to this section shall prepare	17135
a statement for each handicapped child under twenty-two years of	17136
age who has received special education. The statement shall	17137
contain the child's name and the name of the child's school	17138
district of residence. Within sixty days after receipt of such	17139
statement, the department of education shall perform one of the	17140
following:	17141

(1) For any child except a handicapped preschool child	17142
described in division (B)(2) of this section, pay to the	17143
institution submitting the statement an amount equal to the	17144
tuition calculated under division (A) of section 3317.08 of the	17145
Revised Code for the period covered by the statement, and deduct	17146
the same from the amount of state funds, if any, payable under	17147
sections 3317.022 and 3317.023 of the Revised Code, to the child's	17148
school district of residence or, if the amount of such state funds	17149
is insufficient, require the child's school district of residence	17150
to pay the institution submitting the statement an amount equal to	17151
the amount determined under this division.	17152

(2) For any handicapped preschool child not included in a	17153
unit approved under division (B) of section 3317.05 of the Revised	17154
Code, perform the following:	17155

(a) Pay to the institution submitting the statement an	17156
amount equal to the tuition calculated under division (B) of	17157
section 3317.08 of the Revised Code for the period covered by the	17158
statement, except that in calculating the tuition under that	17159
section the operating expenses of the institution submitting the	17160
statement under this section shall be used instead of the	17161
operating expenses of the school district of residence;	17162

(b) Deduct from the amount of state funds, if any, payable	17163
under sections 3317.022 and 3317.023 of the Revised Code to the	17164
child's school district of residence an amount equal to the amount	17165
paid under division (B)(2)(a) of this section.	17166

Sec. 3333.02.  The Ohio board of regents shall hold its first	17167
meeting at the call of the governor, within three months after all	17168
members have been appointed and qualified. Meetings thereafter	17169
shall be called in such manner and at such times as prescribed by	17170
rules adopted by the board, but the board shall meet at least four	17171
times annually. A majority of the board constitutes a quorum. At	17172
its first meeting, the board shall organize by selecting a	17173
chairman chairperson, a vice-chairman vice-chairperson, and a	17174
secretary, and such other officers as it deems necessary. The	17175
board shall adopt rules for the conduct of its business, and to	17176
provide for the term and election of officers, and shall establish	17177
an office in Columbus. The rules shall permit the formation of a	17178
quorum and the taking of votes at meetings conducted by	17179
interactive video teleconference if provisions are made for public	17180
attendance at any location involved in such a teleconference.	17181

A record shall be kept of board proceedings, which shall be	17182
open for public inspection. The board shall adopt a seal to be	17183
affixed to official documents. Each member of the board, before	17184
entering on his official duties and after qualifying for office,	17185
shall take and subscribe to an oath of office, to uphold the	17186
constitution and laws of the United States and this state, and to	17187
perform the duties of his office honestly, faithfully, and	17188
impartially.	17189

Sec. 3333.03.  (A) The Ohio board of regents shall appoint a	17190
chancellor to serve at its pleasure and shall prescribe his the	17191
chancellor's duties. The board shall fix the compensation for the	17192
chancellor and for all other professional, administrative, and	17193
clerical employees necessary to assist the board and the	17194
chancellor in the performance of their duties.	17195

(B) The chancellor is the administrative officer of the	17196
board, and is responsible for appointing and fixing the	17197
compensation of all professional, administrative, and clerical	17198
employees and staff members, subject to board approval, who	17199
necessary to assist the board and the chancellor in the	17200
performance of their duties. All employees and staff shall serve	17201
under his the chancellor's direction and control. The chancellor	17202
shall be a person qualified by training and experience to	17203
understand the problems and needs of the state in the field of	17204
higher education and to devise programs, plans, and methods of	17205
solving the problems and meeting the needs.	17206

(C) Neither the chancellor nor any staff member or employee	17207
of the board shall be a trustee, officer, or employee of any	17208
public or private college or university while serving on the	17209
board.	17210

Sec. 3333.043.  (A) As used in this section:

17211

(1) "Institution of higher education" means the state	17212
universities listed in section 3345.011 of the Revised Code,	17213
municipal educational institutions established under Chapter 3349.	17214
of the Revised Code, community colleges established under Chapter	17215
3354. of the Revised Code, university branches established under	17216
Chapter 3355. of the Revised Code, technical colleges established	17217
under Chapter 3357. of the Revised Code, state community colleges	17218
established under Chapter 3358. of the Revised Code, any	17219
institution of higher education with a certificate of registration	17220
from the state board of proprietary school registration, and any	17221
institution for which the Ohio board of regents receives a notice	17222
pursuant to division (C) of this section.	17223

(2) "Community service" has the same meaning as in section	17224
3313.605 of the Revised Code.	17225

(B)(1) The board of trustees or other governing entity of	17226
each institution of higher education shall encourage and promote	17227
participation of students in community service through a program	17228
appropriate to the mission, student population, and environment of	17229
each institution. The program may include, but not be limited to,	17230
providing information about community service opportunities during	17231
student orientation or in student publications; providing awards	17232
for exemplary community service; encouraging faculty members to	17233
incorporate community service into students' academic experiences	17234
wherever appropriate to the curriculum; encouraging recognized	17235
student organizations to undertake community service projects as	17236
part of their purposes; and establishing advisory committees of	17237
students, faculty members, and community and business leaders to	17238
develop cooperative programs that benefit the community and	17239
enhance student experience. The program shall be flexible in	17240
design so as to permit participation by the greatest possible	17241
number of students, including part-time students and students for	17242
whom participation may be difficult due to financial, academic,	17243
personal, or other considerations. The program shall emphasize	17244
community service opportunities that can most effectively use the	17245
skills of students, such as tutoring or literacy programs. The	17246
programs shall encourage students to perform services that will	17247
not supplant the hiring of, result in the displacement of, or	17248
impair any existing employment contracts of any particular	17249
employee of any private or governmental entity for which services	17250
are performed.	17251

(2) The Ohio board of regents shall encourage all	17252
institutions of higher education in the development of community	17253
service programs. With the assistance of the state Ohio community	17254
service advisory committee council created in section 121.40 of	17255
the Revised Code, the board of regents shall make available	17256
information about higher education community service programs to	17257
institutions of higher education and to statewide organizations	17258
involved with or promoting volunteerism, including information	17259
about model community service programs, teacher training courses,	17260
and community service curricula and teaching materials for	17261
possible use by institutions of higher education in their	17262
programs. The board shall encourage institutions of higher	17263
education to jointly coordinate higher education community service	17264
programs through consortia of institutions or other appropriate	17265
means of coordination.	17266

(C) The board of trustees of any nonprofit institution with	17267
a certificate of authorization issued by the Ohio board of regents	17268
pursuant to Chapter 1713. of the Revised Code may notify the board	17269
of regents that it is making itself subject to divisions (A) and	17270
(B) of this section. Upon receipt of such a notice, these	17271
divisions shall apply to that institution.	17272

Sec. 3333.12.  (A) As used in this section:

17273

(1) "Eligible student" means an undergraduate student who is:

17274

(a) An Ohio resident;

17275

(b) Enrolled in either of the following:

17276

(i) An accredited institution of higher education in this	17277
state that meets the requirements of Title VI of the Civil Rights	17278
Act of 1964 and is state-assisted, is nonprofit and has a	17279
certificate of authorization from the Ohio board of regents	17280
pursuant to Chapter 1713. of the Revised Code, or has a	17281
certificate of registration from the state board of proprietary	17282
school registration and program authorization to award an	17283
associate or bachelor's degree. Students who attend an	17284
institution that holds a certificate of registration shall be	17285
enrolled in a program leading to an associate or bachelor's degree	17286
for which associate or bachelor's degree program the institution	17287
has program authorization issued under section 3332.05 of the	17288
Revised Code.	17289

(ii) A technical education program of at least two years	17290
duration sponsored by a private institution of higher education in	17291
this state that meets the requirements of Title VI of the Civil	17292
Rights Act of 1964.	17293

(c) Enrolled as a full-time student or enrolled as a less	17294
than full-time student for the term expected to be the student's	17295
final term of enrollment and is enrolled for the number of credit	17296
hours necessary to complete the requirements of the program in	17297
which the student is enrolled.	17298

(2) "Gross income" includes all taxable and nontaxable income	17299
of the parents, the student, and the student's spouse, except	17300
income derived from an Ohio academic scholarship, income earned by	17301
the student between the last day of the spring term and the first	17302
day of the fall term, and other income exclusions designated by	17303
the board. Gross income may be verified to the board by the	17304
institution in which the student is enrolled using the federal	17305
financial aid eligibility verification process or by other means	17306
satisfactory to the board.	17307

(3) "Resident," "full-time student," "dependent,"	17308
"financially independent," and "accredited" shall be defined by	17309
rules adopted by the board.	17310

(B) The Ohio board of regents shall establish and administer	17311
an instructional grant program and may adopt rules to carry out	17312
this section. The general assembly shall support the	17313
instructional grant program by such sums and in such manner as it	17314
may provide, but the board may also receive funds from other	17315
sources to support the program. If the amounts available for	17316
support of the program are inadequate to provide grants to all	17317
eligible students, preference in the payment of grants shall be	17318
given in terms of income, beginning with the lowest income	17319
category of gross income and proceeding upward by category to the	17320
highest gross income category.	17321

An instructional grant shall be paid to an eligible student	17322
through the institution in which the student is enrolled, except	17323
that no instructional grant shall be paid to any person serving a	17324
term of imprisonment. Applications for such grants shall be made	17325
as prescribed by the board, and such applications may be made in	17326
conjunction with and upon the basis of information provided in	17327
conjunction with student assistance programs funded by agencies of	17328
the United States government or from financial resources of the	17329
institution of higher education. The institution shall certify	17330
that the student applicant meets the requirements set forth in	17331
divisions (A)(1)(b) and (c) of this section. Instructional grants	17332
shall be provided to an eligible student only as long as the	17333
student is making appropriate progress toward a nursing diploma or	17334
an associate or bachelor's degree. No student shall be eligible	17335
to receive a grant for more than ten semesters, fifteen quarters,	17336
or the equivalent of five academic years. A grant made to an	17337
eligible student on the basis of less than full-time enrollment	17338
shall be based on the number of credit hours for which the student	17339
is enrolled and shall be computed in accordance with a formula	17340
adopted by the board. No student shall receive more than one	17341
grant on the basis of less than full-time enrollment.	17342

An instructional grant shall not exceed the total	17343
instructional and general charges of the institution.	17344

(C) The tables in this division prescribe the maximum grant	17345
amounts covering two semesters, three quarters, or a comparable	17346
portion of one academic year. Grant amounts for additional terms	17347
in the same academic year shall be determined under division (D)	17348
of this section.	17349

For a full-time student who is a dependent and enrolled in a	17350
nonprofit educational institution that is not a state-assisted	17351
institution and that has a certificate of authorization issued	17352
pursuant to Chapter 1713. of the Revised Code, the amount of the	17353
instructional grant for two semesters, three quarters, or a	17354
comparable portion of the academic year shall be determined in	17355
accordance with the following table:	17356

Table of Grants

17357

Private Institution

17379

Table of Grants

17380

For a full-time student who is financially independent and	17401
enrolled in a nonprofit educational institution that is not a	17402
state-assisted institution and that has a certificate of	17403
authorization issued pursuant to Chapter 1713. of the Revised	17404
Code, the amount of the instructional grant for two semesters,	17405
three quarters, or a comparable portion of the academic year shall	17406
be determined in accordance with the following table:	17407

Table of Grants

17408

Private Institution

17431

Table of Grants

17432

For a full-time student who is a dependent and enrolled in an	17454
educational institution that holds a certificate of registration	17455
from the state board of proprietary school registration, the	17456
amount of the instructional grant for two semesters, three	17457
quarters, or a comparable portion of the academic year shall be	17458
determined in accordance with the following table:	17459

Table of Grants

17460

Proprietary Institution

17482

Table of Grants

17483

For a full-time student who is financially independent and	17504
enrolled in an educational institution that holds a certificate of	17505
registration from the state board of proprietary school	17506
registration, the amount of the instructional grant for two	17507
semesters, three quarters, or a comparable portion of the academic	17508
year shall be determined in accordance with the following table:	17509

Table of Grants

17510

Proprietary Institution

17533

Table of Grants

17534

For a full-time student who is a dependent and enrolled in a	17556
state-assisted educational institution, the amount of the	17557
instructional grant for two semesters, three quarters, or a	17558
comparable portion of the academic year shall be determined in	17559
accordance with the following table:	17560

Table of Grants

17563

Public Institution

17583

Table of Grants

17584

For a full-time student who is financially independent and	17605
enrolled in a state-assisted educational institution, the amount	17606
of the instructional grant for two semesters, three quarters, or a	17607
comparable portion of the academic year shall be determined in	17608
accordance with the following table:	17609

Table of Grants

17610

Public Institution

17633

Table of Grants

17634

(D) For a full-time student enrolled in an eligible	17656
institution for a semester or quarter in addition to the portion	17657
of the academic year covered by a grant determined under division	17658
(C) of this section, the maximum grant amount shall be a	17659
percentage of the maximum prescribed in the applicable table of	17660
that division. The maximum grant for a fourth quarter shall be	17661
one-third of the maximum amount prescribed under that division.	17662
The maximum grant for a third semester shall be one-half of the	17663
maximum amount prescribed under that division.	17664

(E) No grant shall be made to any student in a course of	17665
study in theology, religion, or other field of preparation for a	17666
religious profession unless such course of study leads to an	17667
accredited bachelor of arts, bachelor of science, associate of	17668
arts, or associate of science degree.	17669

(F)(1) Except as provided in division (F)(2) of this	17670
section, no grant shall be made to any student for enrollment	17671
during a fiscal year in an institution with a cohort default rate	17672
determined by the United States secretary of education pursuant to	17673
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	17674
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	17675
preceding the fiscal year, equal to or greater than thirty per	17676
cent for each of the preceding two fiscal years.	17677

(2) Division (F)(1) of this section does not apply to the	17678
following:	17679

(a) Any student enrolled in an institution that under the	17680
federal law appeals its loss of eligibility for federal financial	17681
aid and the United States secretary of education determines its	17682
cohort default rate after recalculation is lower than the rate	17683
specified in division (F)(1) of this section or the secretary	17684
determines due to mitigating circumstances the institution may	17685
continue to participate in federal financial aid programs. The	17686
board shall adopt rules requiring institutions to provide	17687
information regarding an appeal to the board.	17688

(b) Any student who has previously received a grant under	17689
this section who meets all other requirements of this section.	17690

(3) The board shall adopt rules for the notification of all	17691
institutions whose students will be ineligible to participate in	17692
the grant program pursuant to division (F)(1) of this section.	17693

(4) A student's attendance at an institution whose students	17694
lose eligibility for grants under division (F)(1) of this section	17695
shall not affect that student's eligibility to receive a grant	17696
when enrolled in another institution.	17697

(G) Institutions of higher education that enroll students	17698
receiving instructional grants under this section shall report to	17699
the board all students who have received instructional grants but	17700
are no longer eligible for all or part of such grants and shall	17701
refund any moneys due the state within thirty days after the	17702
beginning of the quarter or term immediately following the quarter	17703
or term in which the student was no longer eligible to receive all	17704
or part of the student's grant. There shall be an interest charge	17705
of one per cent per month on all moneys due and payable after such	17706
thirty-day period. The board shall immediately notify the office	17707
of budget and management and the legislative budget office of the	17708
legislative service commission of all refunds so received.	17709

Sec. 3333.13.  (A) Money appropriated to state supported and	17710
state assisted institutions of higher education and to the Ohio	17711
board of regents for the purposes of this division shall be paid	17712
at the times and in the amounts necessary to meet all payments	17713
required to be made by such institutions and by the board to the	17714
Ohio public facilities commission or treasurer of state pursuant	17715
to leases or agreements made by them under division (B) of section	17716
154.21 of the Revised Code, as certified under division (C) of	17717
this section, including supplements to such certifications.	17718

(B) Each such institution of higher education and the The	17719
board shall include in its estimate of proposed expenses submitted	17720
pursuant to section 126.02 of the Revised Code the estimated	17721
amounts of all such payments to be made by it. The board shall	17722
include the estimated amounts of all such payments to be made by	17723
each such institution and of such payments to be made by it in	17724
recommendations for appropriation required by division (J) of	17725
section 3333.04 of the Revised Code. The director of budget and	17726
management shall include in the state budget estimates provided	17727
for in section 126.02 of the Revised Code the estimated amount of	17728
all such payments to be made during the next biennium, and this	17729
amount shall be included in the state budget to be submitted by	17730
the governor to the general assembly pursuant to section 107.03 of	17731
the Revised Code.	17732

(C) On the first day of July of each year, or as soon	17733
thereafter as is practicable, the chancellor or a vice-chancellor	17734
of the board shall certify to the director the payments contracted	17735
to be made, during the period of the then current appropriations	17736
made for the purposes of division (A) of this section, to the	17737
commission or treasurer of state by each state supported and state	17738
assisted institution of higher education and by the board pursuant	17739
to leases and agreements made under division (B) of section 154.21	17740
of the Revised Code. The certification shall state the amounts	17741
and dates of payment required therefor as to each such institution	17742
of higher education and the board, and the amounts to be credited	17743
pursuant to such leases and agreements to the higher education	17744
bond service trust fund and other special funds established	17745
pursuant to section 151.04 or Chapter 154. of the Revised Code. If	17746
the director finds such certification to be correct, the director	17747
shall promptly add the director's certification thereto and submit	17748
it to the treasurer of state. Such annual certification shall be	17749
supplemented in similar manner upon the execution of each new	17750
lease or agreement, any supplement to an existing lease or	17751
agreement, or any amendment thereof, affecting the amounts of	17752
those payments.	17753

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	17754
Revised Code, "term" and "academic year" mean "term" and "academic	17755
year" as defined by the Ohio board of regents.	17756

The board shall establish and administer an academic	17757
scholarship program. Under the program, a total of one thousand	17758
new scholarships shall be awarded annually in the amount of not	17759
less than two thousand dollars per award. At least one such new	17760
scholarship shall be awarded annually to a student in each public	17761
high school and joint vocational school and each nonpublic high	17762
school for which the state board of education prescribes minimum	17763
standards in accordance with section 3301.07 of the Revised Code.	17764

To be eligible for the award of a scholarship, a student	17765
shall be a resident of Ohio and shall be enrolled as a full-time	17766
undergraduate student in an Ohio institution of higher education	17767
that meets the requirements of Title VI of the "Civil Rights Act	17768
of 1964" and is state-assisted, is nonprofit and holds a	17769
certificate of authorization issued under section 1713.02 of the	17770
Revised Code, or holds a certificate of registration and program	17771
authorization issued under section 3332.05 of the Revised Code and	17772
awards an associate or bachelor's degree. Students who attend an	17773
institution holding a certificate of registration shall be	17774
enrolled in a program leading to an associate or bachelor's degree	17775
for which associate or bachelor's degree program the institution	17776
has program authorization to offer the program issued under	17777
section 3332.05 of the Revised Code.	17778

"Resident" and "full-time student" shall be defined by board	17779
rule.	17780

The board shall award the scholarships on the basis of a	17781
formula designed by it to identify students with the highest	17782
capability for successful college study. The formula shall weigh	17783
the factor of achievement, as measured by grade point average, and	17784
the factor of ability, as measured by performance on a competitive	17785
examination specified by the board. Students receiving	17786
scholarships shall be known as "Ohio academic scholars." Annually,	17787
not later than the thirty-first day of July, the board shall	17788
report to the governor and the general assembly on the performance	17789
of current Ohio academic scholars and the effectiveness of its	17790
formula.	17791

Sec. 3333.22.  Each Ohio academic scholarship shall be	17792
awarded for an academic year and may be renewed for each of three	17793
additional academic years. The scholarship amount awarded to a	17794
scholar for an academic year shall be not less than two thousand	17795
dollars. A scholarship shall be renewed if the scholar maintains	17796
an academic record satisfactory to the Ohio board of regents and	17797
meets any of the following conditions:	17798

(A) The scholar is enrolled as a full-time undergraduate;

17799

(B) The scholar was awarded an undergraduate degree in less	17800
than four academic years and is enrolled as a full-time graduate	17801
or professional student in an Ohio institution of higher education	17802
that meets the requirements of Title VI of the "Civil Rights Act	17803
of 1964" and is state-assisted or is nonprofit and holds a	17804
certificate of authorization issued under section 1713.02 of the	17805
Revised Code;	17806

(C) The scholar is a full-time student concurrently enrolled	17807
as an undergraduate student and as a graduate or professional	17808
student in an Ohio institution of higher education that meets the	17809
requirements of division (B) of this section.	17810

Each amount awarded shall be paid in equal installments to	17811
the scholar at the time of enrollment for each term of the	17812
academic year for which the scholarship is awarded or renewed. No	17813
scholar is eligible to receive an Ohio academic scholarship for	17814
more than the equivalent of four academic years.	17815

If an Ohio academic scholar is temporarily unable to attend	17816
school because of illness or other cause satisfactory to the	17817
board, the board may grant a leave of absence for a designated	17818
period of time. If a scholar discontinues full-time attendance at	17819
the scholar's school during a term because of illness or other	17820
cause satisfactory to the board, the scholar may either claim a	17821
prorated payment for the period of actual attendance or waive	17822
payment for that term. A term for which prorated payment is made	17823
shall be considered a full term for which a scholarship was	17824
received. A term for which payment is waived shall not be	17825
considered a term for which a scholarship was received.	17826

Receipt of an Ohio academic scholarship shall not affect a	17827
scholar's eligibility for the Ohio instructional grant program.	17828

Sec. 3383.01.  As used in this chapter:

17829

(A) "Arts" means any of the following:

17830

(1) Visual, musical, dramatic, graphic, and other arts and	17831
includes, including, but is not limited to, architecture, dance,	17832
literature, motion pictures, music, painting, photography,	17833
sculpture, and theater;	17834

(2) The presentation or making available, in museums or	17835
other indoor or outdoor facilities, of principles of science and	17836
their development, use, or application in business, industry, or	17837
commerce or of the history, heritage, development, presentation,	17838
and uses of the arts as defined above described in division (A)(1)	17839
of this section and of transportation;	17840

(3) The preservation, presentation, or making available of	17841
features of archaeological, architectural, environmental, or	17842
historical interest or significance in a state historical facility	17843
or a local historical facility.	17844

(B) "Arts organization" means either of the following:

17845

(1) A governmental agency or Ohio nonprofit corporation that	17846
provides programs or activities in areas directly concerned with	17847
the arts;	17848

(2) A regional arts and cultural district as defined in	17849
section 3381.01 of the Revised Code.	17850

(C) "Arts project" means all or any portion of an Ohio arts	17851
facility for which the general assembly has specifically	17852
authorized the spending of money, or made an appropriation,	17853
pursuant to division (D)(3) or (E) of section 3383.07 of the	17854
Revised Code.	17855

(D) "Cooperative contract" means a contract between the Ohio	17856
arts and sports facilities commission and an arts organization	17857
providing the terms and conditions of the cooperative use of an	17858
Ohio arts facility.	17859

(E) "Costs of operation" means amounts required to manage an	17860
Ohio arts facility that are incurred following the completion of	17861
construction of its arts project, provided that both of the	17862
following apply:	17863

(1) Those amounts either:

17864

(a) Have been committed to a fund dedicated to that purpose;

17865

(b) Equal the principal of any endowment fund, the income	17866
from which is dedicated to that purpose.	17867

(2) The commission and the arts organization have executed	17868
an agreement with respect to either of those funds.	17869

(E)(F) "General building services" means general building	17870
services for an Ohio arts facility or an Ohio sports facility,	17871
including, but not limited to, general custodial care, security,	17872
maintenance, repair, painting, decoration, cleaning, utilities,	17873
fire safety, grounds and site maintenance and upkeep, and	17874
plumbing.	17875

(F)(G) "Governmental agency" means a state agency, a	17876
state-supported or state-assisted institution of higher education,	17877
a municipal corporation, county, township, or school district, a	17878
port authority created under Chapter 4582. of the Revised Code,	17879
any other political subdivision or special district in this state	17880
established by or pursuant to law, or any combination of these	17881
entities; except where otherwise indicated, the United States or	17882
any department, division, or agency of the United States, or any	17883
agency, commission, or authority established pursuant to an	17884
interstate compact or agreement.	17885

(G)(H) "Local contributions" means the value of an asset	17886
provided by or on behalf of an arts organization from sources	17887
other than the state, the value and nature of which shall be	17888
approved by the Ohio arts and sports facilities commission, in its	17889
sole discretion. "Local contributions" may include the value of	17890
the site where an arts project is to be constructed. All "local	17891
contributions," except a contribution attributable to such a site,	17892
shall be for the costs of construction of an arts project or the	17893
costs of operation of an arts facility.	17894

(H)(I) "Local historical facility" means a site or facility,	17895
other than a state historical facility, of archaeological,	17896
architectural, environmental, or historical interest or	17897
significance, or a facility, including a storage facility,	17898
appurtenant to the operations of such a site or facility, that is	17899
owned by an arts organization, provided the facility meets the	17900
requirements of division (J)(K)(2)(b) of this section, is managed	17901
by or pursuant to a contract with the Ohio arts and sports	17902
facilities commission, and is used for or in connection with the	17903
activities of the commission, including the presentation or making	17904
available of arts to the public.	17905

(I)(J) "Manage," "operate," or "management" means the	17906
provision of, or the exercise of control over the provision of,	17907
activities:	17908

(1) Relating to the arts for an Ohio arts facility,	17909
including as applicable, but not limited to, providing for	17910
displays, exhibitions, specimens, and models; booking of artists,	17911
performances, or presentations; scheduling; and hiring or	17912
contracting for directors, curators, technical and scientific	17913
staff, ushers, stage managers, and others directly related to the	17914
arts activities in the facility; but not including general	17915
building services;	17916

(2) Relating to sports and athletic events for an Ohio	17917
sports facility, including as applicable, but not limited to,	17918
providing for booking of athletes, teams, and events; scheduling;	17919
and hiring or contracting for staff, ushers, managers, and others	17920
directly related to the sports and athletic events in the	17921
facility; but not including general building services.	17922

(J)(K) "Ohio arts facility" means any of the following:

17923

(1) The three theaters located in the state office tower at	17924
77 South High street in Columbus;	17925

(2) Any capital facility in this state to which all of the	17926
following apply:	17927

(a) The construction of an arts project related to the	17928
facility was authorized or funded by the general assembly pursuant	17929
to division (D)(3) of section 3383.07 of the Revised Code.	17930

(b) The state owns or has sufficient real property interests	17931
in the facility or in the portion of the facility financed from	17932
the proceeds of obligations or in the site of the facility for a	17933
period of no less than the greater of the useful life of the	17934
portion of the facility financed from the proceeds of those	17935
obligations as determined by the director of budget and management	17936
using the guidelines for maximum maturities as provided under	17937
divisions (B), (C), and (E) of section 133.20 of the Revised Code,	17938
or the period of time remaining to the date of payment or	17939
provision for payment of outstanding obligations issued by the	17940
Ohio building authority allocable to costs of that portion of the	17941
facility, as determined by the director of budget and management,	17942
in either case as certified to the Ohio arts and sports facilities	17943
commission and the Ohio building authority.	17944

(c) The facility is managed directly by, or by is subject to	17945
a cooperative or management contract with, the Ohio arts and	17946
sports facilities commission, and is used for or in connection	17947
with the activities of the commission, including the presentation	17948
or making available of arts to the public. A cooperative or	17949
management contract shall be for a term not less than the time	17950
remaining to the date of payment or provision for payment of any	17951
state bonds issued to pay the costs of the arts project, as	17952
determined by the director of budget and management and certified	17953
by the director to the Ohio arts and sports facilities commission	17954
and to the Ohio building authority.	17955

(3) A state historical facility or a local historical	17956
facility.	17957

(K)(L) "State agency" means the state or any of its branches,	17958
officers, boards, commissions, authorities, departments,	17959
divisions, or other units or agencies.	17960

(L)(M) "Construction" includes acquisition, including	17961
acquisition by lease-purchase, demolition, reconstruction,	17962
alteration, renovation, remodeling, enlargement, improvement, site	17963
improvements, and related equipping and furnishing.	17964

(M)(N) "State historical facility" means a site or facility	17965
of archaeological, architectural, environmental, or historical	17966
interest or significance, or a facility, including a storage	17967
facility, appurtenant to the operations of such a site or	17968
facility, that is owned by or is located on real property owned by	17969
the state or by an arts organization, so long as the real property	17970
of the arts organization meets the requirements of division	17971
(J)(2)(b) of this section and is contiguous to state-owned real	17972
property that is in the care, custody, and control of an arts	17973
organization, and that facility is managed directly by or by is	17974
subject to a cooperative or management contract with the Ohio arts	17975
and sports facilities commission, and that is used for or in	17976
connection with the activities of the commission, including the	17977
presentation or making available of arts to the public.	17978

(N)(O) "Ohio sports facility" means all or a portion of a	17979
stadium, arena, or other capital facility in Ohio this state, a	17980
primary purpose of which is to provide a site or venue for the	17981
presentation to the public of events of one or more major or minor	17982
league professional athletic or sports teams that are associated	17983
with the state or with a city or region of the state, which	17984
facility is owned by or is located on real property owned by the	17985
state or a governmental agency, and including all parking	17986
facilities, walkways, and other auxiliary facilities, equipment,	17987
furnishings, and real and personal property and interests and	17988
rights therein, that may be appropriate for or used for or in	17989
connection with the facility or its operation, for capital costs	17990
of which state funds are spent pursuant to this chapter. A	17991
facility constructed as an Ohio sports facility may be both an	17992
Ohio arts facility and an Ohio sports facility.	17993

Sec. 3383.02.  (A) There is hereby created the Ohio arts and	17994
sports facilities commission. Notwithstanding any provision to	17995
the contrary contained in Chapter 152. of the Revised Code, the	17996
commission shall engage in and provide for the development,	17997
performance, and presentation or making available of the arts and	17998
professional sports and athletics to the public in this state by	17999
the exercise of its powers under this chapter, including the	18000
provision, operation, and management, and cooperative use of Ohio	18001
arts facilities and Ohio sports facilities. The commission is a	18002
body corporate and politic, an agency of state government and an	18003
instrumentality of the state, performing essential governmental	18004
functions of this state. The carrying out of the purposes and the	18005
exercise by the commission of its powers conferred by this chapter	18006
are essential public functions and public purposes of the state	18007
and of state government. The commission may, in its own name, sue	18008
and be sued, enter into contracts, and perform all the powers and	18009
duties given to it by this chapter but it does not have and shall	18010
not exercise the power of eminent domain.	18011

(B) The commission shall consist of eight ten members, five	18012
seven of whom shall be voting members and three of whom shall be	18013
nonvoting members. The five seven voting members shall be	18014
appointed by the governor, with the advice and consent of the	18015
senate, from different geographical regions of the state. In	18016
addition, one of the voting members shall represent the state	18017
architect. Not more than three four of the members appointed by	18018
the governor shall be affiliated with the same political party.	18019
The nonvoting members shall be the staff director of the Ohio arts	18020
council, a member of the senate appointed by the president of the	18021
senate, and a member of the house of representatives appointed by	18022
the speaker of the house.	18023

(C) Of the five initial appointments made by the governor,	18024
one shall be for a term expiring December 31, 1989, two shall be	18025
for terms expiring December 31, 1990, and two shall be for terms	18026
expiring December 31, 1991. Of the initial appointments of the	18027
sixth and seventh voting members appointed by the governor as a	18028
result of this amendment, one shall be for a term expiring	18029
December 31, 2003, and one shall be for a term expiring December	18030
31, 2004. Thereafter, each such term shall be for three years,	18031
commencing on the first day of January and ending on the	18032
thirty-first day of December. Each appointment by the president	18033
of the senate and by the speaker of the house of representatives	18034
shall be for the balance of the then legislative biennium. Each	18035
member shall hold office from the date of the member's appointment	18036
until the end of the term for which the member was appointed. Any	18037
member appointed to fill a vacancy occurring prior to the	18038
expiration of the term for which the member's predecessor was	18039
appointed shall hold office for the remainder of such term. Any	18040
member shall continue in office subsequent to the expiration date	18041
of the member's term until the member's successor takes office, or	18042
until a period of sixty days has elapsed, whichever occurs first.	18043

(D) Members of the commission shall serve without	18044
compensation.	18045

(E) After each initial member of the commission has been	18046
appointed, the commission shall meet and organize by electing one	18047
of its voting members as chairperson and other voting members as	18048
vice-chairperson and secretary-treasurer, who shall hold their	18049
offices until the next organizational meeting of the commission.	18050
Organizational meetings of the commission shall be held at the	18051
first meeting of each calendar year. At each organizational	18052
meeting, the commission shall elect from among its voting members	18053
a chairperson, a vice-chairperson, and a secretary-treasurer, who	18054
shall serve until the next annual meeting. The commission shall	18055
adopt rules pursuant to section 111.15 of the Revised Code for the	18056
conduct of its internal business and shall keep a journal of its	18057
proceedings.	18058

(F) Three Four voting members of the commission constitute a	18059
quorum, and the affirmative vote of three four members is	18060
necessary for approval of any action taken by the commission. A	18061
vacancy in the membership of the commission does not impair a	18062
quorum from exercising all the rights and performing all the	18063
duties of the commission. Meetings of the commission may be held	18064
anywhere in the state, and shall be held in compliance with	18065
section 121.22 of the Revised Code.	18066

(G) All expenses incurred in carrying out this chapter are	18067
payable solely from money accrued under this chapter or	18068
appropriated for these purposes by the general assembly, and the	18069
commission shall incur no liability or obligation beyond such	18070
money.	18071

(H) The commission shall file an annual report of its	18072
activities and finances with the governor, director of budget and	18073
management, speaker of the house of representatives, president of	18074
the senate, and chairpersons of the house and senate finance	18075
committees.	18076

(I) There is hereby established in the state treasury the	18077
Ohio arts and sports facilities commission administration fund.	18078
All revenues of the commission shall be credited to that fund and	18079
to any accounts created in the fund with the commission's	18080
approval. All expenses of the commission, including reimbursement	18081
of, or payment to, any other fund or any governmental agency for	18082
advances made or services rendered to or on behalf of the	18083
commission, shall be paid from the Ohio arts and sports facilities	18084
commission administration fund as determined by or pursuant to	18085
directions of the commission. All investment earnings of the	18086
administration fund shall be credited to the fund and shall be	18087
allocated among any accounts created in the fund in the manner	18088
determined by the commission.	18089

(J) Title to all real property and lesser interests in real	18090
property acquired by the commission, including leasehold and other	18091
interests, pursuant to this chapter shall be taken in the name of	18092
the state and shall be held for the use and benefit of the	18093
commission. The commission shall not mortgage such real property	18094
and interests in real property. Title to other property and	18095
interests in it acquired by the commission pursuant to this	18096
chapter shall be taken in its name.	18097

Sec. 3383.04.  The Ohio arts and sports facilities commission	18098
may:	18099

(A) Employ and fix the compensation of an executive director	18100
and such other employees as will facilitate the activities and	18101
purposes of the commission. Any executive director shall serve at	18102
the pleasure of the commission and may serve part-time. Other	18103
employees shall be employed by and serve at the pleasure of the	18104
commission or the executive director, as determined by the	18105
commission.	18106

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	18107
the Revised Code, rules for the management and operation of Ohio	18108
arts facilities and Ohio sports facilities and for the exercise of	18109
all of the commission's rights with respect to those facilities;	18110

(C) Own, construct or provide for the construction of,	18111
lease, equip, furnish, administer, and manage or provide for the	18112
operation and management of, Ohio arts facilities and Ohio sports	18113
facilities;	18114

(D) Dispose of, whether by sale, lease, lease-purchase,	18115
sublease, re-lease, or otherwise, real and personal property, and	18116
lesser interests in it, held or owned by the state for the use and	18117
benefit of the commission or held or owned by the commission, if	18118
not needed for the commission's purposes, upon such terms as the	18119
commission determines, subject to approval by the governor in the	18120
case of real property and interests in it;	18121

(E) Grant such easements and other interests in real or	18122
personal property of the commission as will not interfere with the	18123
use of the property as an Ohio arts facility or an Ohio sports	18124
facility;	18125

(F) Fix, alter, and collect rentals and other charges for	18126
the use or availability for use of Ohio arts facilities or an Ohio	18127
sports facility, as determined solely by the commission, for the	18128
purpose of providing for all or a portion of the costs and	18129
expenses of the commission, and the costs to be paid by the	18130
commission of leasing, constructing, equipping, repairing,	18131
maintaining, administering, and managing, and cooperating in the	18132
use of Ohio arts facilities, including rentals to be paid by the	18133
commission for any Ohio arts facilities or for any Ohio sports	18134
facility;	18135

(G) Lease, sublease, or otherwise make available to an arts	18136
organization, Ohio arts facilities, and to any governmental agency	18137
or nonprofit corporation, Ohio sports facilities, including real	18138
and personal property, or any interests in it, to carry out the	18139
purposes of this chapter;	18140

(H) Contract with, retain the services of, or designate, and	18141
fix the compensation of, such agents, accountants, attorneys,	18142
consultants, advisers, and other independent contractors as may be	18143
necessary or desirable to carry out the purposes of this chapter;	18144

(I) Procure insurance against loss to the commission by	18145
reason of damages to or nonusability of its property resulting	18146
from fire, theft, accident, or other casualties, or by reason of	18147
its liability for any damages to persons or property, including	18148
but not limited to, general liability insurance, business	18149
interruption insurance, liability insurance for members, officers,	18150
and employees, and copyright liability insurance;	18151

(J) Receive and accept gifts, grants, devises, bequests,	18152
loans, and any other financial or other form of aid or assistance	18153
from any governmental agency or other person and enter into any	18154
contract or agreement with any such agency or other person in	18155
connection therewith, and receive and accept aid or contributions	18156
from any other source of money, real or personal property, labor,	18157
or other things of value, to be held, used, and applied only for	18158
the purposes for which the aid and contributions are made and	18159
according to their terms and conditions, all within the purposes	18160
of this chapter;	18161

(K) Make and enter into all contracts, commitments, and	18162
agreements, and execute all instruments, necessary or incidental	18163
to the performance of its duties and the execution of its rights	18164
and powers under this chapter;	18165

(L) Do anything necessary or appropriate to carry out the	18166
purposes of and exercise the powers granted in this chapter;	18167

(M) Contract with any governmental agency or nonprofit	18168
corporation to provide or cause to be provided services, including	18169
general building services, in, to, or for an Ohio arts facility or	18170
any Ohio sports facility, or with an arts organization for the	18171
management of an Ohio arts facility, or with a governmental agency	18172
or nonprofit corporation for the management of an Ohio sports	18173
facility, all in furtherance of the state function, and make	18174
contracts pursuant to divisions (A) and (B) of section 3383.07 of	18175
the Revised Code, except that nothing in this chapter limits the	18176
exercise of the care, custody, control, and management of those	18177
state historical facilities specified in section 149.30 of the	18178
Revised Code.	18179

Sec. 3383.07.  (A) The department of administrative services	18180
shall provide for the construction of an arts project in	18181
conformity with Chapter 153. of the Revised Code, except as	18182
follows:	18183

(1) For an arts project that has an estimated construction	18184
cost, excluding the cost of acquisition, of twenty-five million	18185
dollars or more, and that is financed by the Ohio building	18186
authority, construction services may be provided by the authority	18187
if the authority determines it should provide those services.	18188

(2) For an arts project other than a state historical	18189
facility, construction services may be provided on behalf of the	18190
state by the Ohio arts and sports facilities commission, or by a	18191
governmental agency or an arts organization that occupies, will	18192
occupy, or is responsible for the Ohio arts facility, as	18193
determined by the department of administrative services	18194
commission. Construction services to be provided by a	18195
governmental agency or an arts organization shall be specified in	18196
an agreement between the commission and the governmental agency or	18197
arts organization. The agreement, or any actions taken under it,	18198
are not subject to Chapter 123. or 153. of the Revised Code,	18199
except for sections 123.151 and 153.011 of the Revised Code, and	18200
shall be subject to Chapter 4115. of the Revised Code.	18201

(3) For an arts project that is a state historical facility,	18202
construction services may be provided by the Ohio arts and sports	18203
facilities commission or by an arts organization that occupies,	18204
will occupy, or is responsible for the facility, as determined by	18205
the commission. The construction services to be provided by the	18206
arts organization shall be specified in an agreement between the	18207
commission and the arts organization, and the. That agreement,	18208
and any actions taken under it, are not subject to Chapter 123.,	18209
153., or 4115. of the Revised Code.	18210

(B) For an Ohio sports facility that is financed in part by	18211
the Ohio building authority, construction services shall be	18212
provided on behalf of the state by or at the direction of the	18213
governmental agency or nonprofit corporation that will own or be	18214
responsible for the management of the facility, all as determined	18215
by the Ohio arts and sports facilities commission. Any	18216
construction services to be provided by a governmental agency or	18217
nonprofit corporation shall be specified in an agreement between	18218
the commission and the governmental agency or nonprofit	18219
corporation, and the. That agreement, and any actions taken under	18220
it, are not subject to Chapter 123. or 153. of the Revised Code,	18221
except for sections 123.151 and 153.011 of the Revised Code, and	18222
shall be subject to Chapter 4115. of the Revised Code.	18223

(C) General building services for an Ohio arts facility	18224
shall be provided by the department of administrative services in	18225
conformity with Chapter 123. of the Revised Code, except that the	18226
Ohio building authority may elect to provide such services for	18227
Ohio arts facilities it financed and such services may be provided	18228
by the Ohio arts and sports facilities commission or by an arts	18229
organization that occupies, will occupy, or is responsible for the	18230
facility, as determined by the commission, except that the Ohio	18231
building authority may elect to provide those services for Ohio	18232
arts facilities financed with proceeds of state bonds issued by	18233
the authority. The costs of management and general building	18234
services shall be paid by the arts organization that occupies,	18235
will occupy, or is responsible for the facility as provided in an	18236
agreement between the commission and the arts organization, except	18237
that the state may pay for general building services for	18238
state-owned arts facilities constructed on state-owned land.	18239
General	18240

General building services for an Ohio sports facility shall	18241
be provided by or at the direction of the governmental agency or	18242
nonprofit corporation that will be responsible for the management	18243
of the facility, all as determined by the commission. Any general	18244
building services to be provided by a governmental agency or	18245
nonprofit corporation for an Ohio sports facility shall be	18246
specified in an agreement between the commission and the	18247
governmental agency or nonprofit corporation, and that. That	18248
agreement, and any actions taken under it, are not subject to	18249
Chapter 123. or 153. of the Revised Code, except for sections	18250
123.151 and 153.011 of the Revised Code, and shall be subject to	18251
Chapter 4115. of the Revised Code.	18252

(D) This division does not apply to a state historical	18253
facility. No state funds, including any state bond proceeds,	18254
shall be spent on the construction of any arts project under this	18255
chapter unless, with respect to the arts project and to the Ohio	18256
arts facility related to the project, all of the following apply:	18257

(1) The Ohio arts and sports facilities commission has	18258
determined that there is a need for the arts project and the Ohio	18259
arts facility related to the project in the region of the state	18260
for in which the Ohio arts facility is located or for which the	18261
facility is proposed to be located;.	18262

(2) The commission has determined that, as an indication of	18263
substantial regional support for the arts project, the arts	18264
organization has made provision satisfactory to the commission, in	18265
its sole discretion, for local contributions amounting to not less	18266
than fifty per cent of the total state funding for the arts	18267
project;.	18268

(3) The general assembly has specifically authorized the	18269
spending of money on, or made an appropriation for, the	18270
construction of the arts project, or for rental payments relating	18271
to the financing of the construction of the arts project.	18272
Authorization to spend money, or an appropriation, for planning	18273
the arts project does not constitute authorization to spend money	18274
on, or an appropriation for, construction of the arts project.	18275

(E) No state funds, including any state bond proceeds, shall	18276
be spent on the construction of any state historical facility	18277
under this chapter unless the general assembly has specifically	18278
authorized the spending of money on, or made an appropriation for,	18279
the construction of the arts project related to the facility, or	18280
for rental payments relating to the financing of the construction	18281
of the arts project. Authorization to spend money, or an	18282
appropriation, for planning the arts project does not constitute	18283
authorization to spend money on, or an appropriation for, the	18284
construction of the arts project.	18285

(F) State funds shall not be used to pay or reimburse more	18286
than fifteen per cent of the initial estimated construction cost	18287
of an Ohio sports facility, excluding any site acquisition cost,	18288
and no state funds, including any state bond proceeds, shall be	18289
spent on any Ohio sports facility under this chapter unless, with	18290
respect to that facility, all of the following apply:	18291

(1) The Ohio arts and sports facilities commission has	18292
determined that there is a need for the facility in the region of	18293
the state for which the facility is proposed to provide the	18294
function of an Ohio sports facility as provided for in this	18295
chapter.	18296

(2) As an indication of substantial local support for the	18297
facility, the commission has received a financial and development	18298
plan satisfactory to it, and provision has been made, by agreement	18299
or otherwise, satisfactory to the commission, for a contribution	18300
amounting to not less than eighty-five per cent of the total	18301
estimated construction cost of the facility, excluding any site	18302
acquisition cost, from sources other than the state.	18303

(3) The general assembly has specifically authorized the	18304
spending of money on, or made an appropriation for, the	18305
construction of the facility, or for rental payments relating to	18306
state financing of all or a portion of the costs of constructing	18307
the facility. Authorization to spend money, or an appropriation,	18308
for planning or determining the feasibility of or need for the	18309
facility does not constitute authorization to spend money on, or	18310
an appropriation for, costs of constructing the facility.	18311

(4) If state bond proceeds are being used for the Ohio	18312
sports facility, the state or a governmental agency owns or has	18313
sufficient property interests in the facility or in the site of	18314
the facility or in the portion or portions of the facility	18315
financed from proceeds of state bonds, which may include, but is	18316
not limited to, the right to use or to require the use of the	18317
facility for the presentation of sport and athletic events to the	18318
public at the facility, extending for a period of not less than	18319
the greater of the useful life of the portion of the facility	18320
financed from proceeds of those bonds as determined using the	18321
guidelines for maximum maturities as provided under divisions (B),	18322
(C), and (D) of section 133.20 of the Revised Code, or the period	18323
of time remaining to the date of payment or provision for payment	18324
of outstanding state bonds allocable to costs of the facility, all	18325
as determined by the director of budget and management and	18326
certified by the director to the Ohio arts and sports facilities	18327
commission and to the Ohio building authority.	18328

Sec. 3383.09. (A) There is hereby created in the state	18329
treasury the arts facilities building fund, which shall consist of	18330
proceeds of obligations authorized to pay costs of arts facilities	18331
projects for which appropriations are made by the general	18332
assembly. All investment earnings of the fund shall be credited to	18333
the fund.	18334

(B) There is hereby created in the state treasury the	18335
sports facilities building fund, which shall consist of proceeds	18336
of obligations authorized to pay costs of sports facilities	18337
projects for which appropriations are made by the general	18338
assembly. All investment earnings of the fund shall be credited to	18339
the fund.	18340

(C) The director of budget and management may transfer, to	18341
the Ohio arts and sports facilities commission administration	18342
fund, investment earnings credited to the arts facilities building	18343
fund and the sports facilities building fund that exceed the	18344
amounts required to meet estimated federal arbitrage rebate	18345
requirements when requested of the director of budget and	18346
management by the chairperson or executive director of the	18347
commission.	18348

Sec. 3701.142.  (A) The director of health shall appoint the	18349
chief and the administrative assistant of the office of women's	18350
health initiatives. The director may appoint, to the extent of	18351
available funds, persons to other positions determined by him the	18352
director to be relevant and necessary.	18353

(B) The chief shall have all of the following	18354
qualifications, plus any additional qualifications the director	18355
considers appropriate:	18356

(1) The equivalent of a masters or higher degree in public	18357
health, medicine, health sciences, environmental science, law,	18358
public administration, or a related field;	18359

(2) Familiarity with national maternal and child health	18360
objectives of the department;	18361

(3) Knowledge of or experience in women's and infants'	18362
preventive health care;	18363

(4) Understanding of health care delivery systems;

18364

(5) A global public health perspective.

18365

(C)(1) The majority of the chief's time shall be spent in	18366
the performance of the following responsibilities:	18367

(a) Identifying issues that affect women's health;

18368

(b) Advocating for women's health concerns within the	18369
department, state government, and the community;	18370

(c) Serving as a liaison for the public, interest groups,	18371
the department, and other state agencies on issues that affect	18372
women's health;	18373

(d) Developing recommendations to the director regarding	18374
programs addressing women's health issues for inclusion in the	18375
biennial budget and departmental strategic planning;	18376

(e) Preparing materials for publication.

18377

(2) In addition, the chief shall do the following:

18378

(a) Develop and recommend research, funding, and program	18379
activities for the intervention, treatment, and education of the	18380
public on women's health initiatives including health needs	18381
throughout the life cycle, reproductive health, gender bias in	18382
research, chemical dependence, access to health care, health and	18383
safety in the workplace, poverty and women's health, causes of	18384
death in women, violence and women's health, and any other women's	18385
health issue the chief considers appropriate;	18386

(b) Supervise the administrative assistant and any other	18387
employees assigned to the office of women's health initiatives;	18388

(c) Oversee the administrative operations of the office of	18389
women's health initiatives;	18390

(d) Research, advise, and assist the director concerning	18391
governor's office correspondence referrals, legislative	18392
initiatives, rules, and similar executive decisions relating to	18393
the health of women;	18394

(e) Represent the director, as requested, before the general	18395
assembly and the women's policy and research commission.	18396

(D) The administrative assistant shall provide clerical and	18397
administrative support as needed to the chief.	18398

(E) To promote coordination of programs and of offices'	18399
initiatives, the director, assistant director, deputy directors,	18400
and chiefs selected by the director in the department shall attend	18401
quarterly meetings regarding the activities of the office of	18402
women's health initiatives.	18403

(F) After considering the report submitted pursuant to	18404
division (C) of section 3701.141 of the Revised Code, the director	18405
of health shall develop and implement biennial initiatives on	18406
women's health needs.	18407

Sec.  3701.61.  (A) The department of health shall	18408
establish the help me grow program for the purpose of encouraging	18409
early prenatal and well-baby care. The program shall include	18410
distributing subsidies to counties to provide the following	18411
services:	18412

(1) Home-visiting services to newborn infants and their	18413
families;	18414

(2) Services to infants and toddlers under three years of age	18415
who are at risk for, or who have, a developmental delay or	18416
disability and their families.	18417

(B) The department shall not provide home-visiting services	18418
under the help me grow program unless requested in writing by a	18419
parent of the infant or toddler.	18420

(C) Pursuant to Chapter 119. of the Revised Code, the	18421
department shall adopt rules that are necessary and proper to	18422
implement this section.	18423

Sec. 3701.92. (A) There is hereby created in the department	18424
of health the Ohio hepatitis C advisory commission.	18425

(B) The commission shall consist of the following members:

18426

(1) Eleven members appointed by the director of health;

18427

(2) Two members of the house of representatives, one from	18428
each political party, appointed by the speaker of the house of	18429
representatives;	18430

(3) Two members of the senate, one from each political	18431
party, appointed by the president of the senate.	18432

Each member shall serve without compensation for a term of	18433
one year.	18434

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	18435
3702.62 of the Revised Code, this section applies to the review of	18436
certificate of need applications during the period beginning July	18437
1, 1993, and ending June 30, 2001 October 15, 2003.	18438

(B)(1) Except as provided in division (B)(2) of this	18439
section, the director of health shall neither grant nor deny any	18440
application for a certificate of need submitted prior to July 1,	18441
1993, if the application was for any of the following and the	18442
director had not issued a written decision concerning the	18443
application prior to that date:	18444

(a) Approval of beds in a new health care facility or an	18445
increase of beds in an existing health care facility, if the beds	18446
are proposed to be licensed as nursing home beds under Chapter	18447
3721. of the Revised Code;	18448

(b) Approval of beds in a new county home or new county	18449
nursing home as defined in section 5155.31 of the Revised Code, or	18450
an increase of beds in an existing county home or existing county	18451
nursing home, if the beds are proposed to be certified as skilled	18452
nursing facility beds under Title XVIII or nursing facility beds	18453
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	18454
42 U.S.C.A. 301, as amended;	18455

(c) Recategorization of hospital beds as described in	18456
section 3702.522 of the Revised Code, an increase of hospital beds	18457
registered pursuant to section 3701.07 of the Revised Code as	18458
long-term care beds or skilled nursing facility beds, or a	18459
recategorization of hospital beds that would result in an increase	18460
of beds registered pursuant to that section as long-term care beds	18461
or skilled nursing facility beds.	18462

On July 1, 1993, the director shall return each such	18463
application to the applicant and, notwithstanding section 3702.52	18464
of the Revised Code regarding the uses of the certificate of need	18465
fund, shall refund to the applicant the application fee paid under	18466
that section. Applications returned under division (B)(1) of this	18467
section may be resubmitted in accordance with section 3702.52 of	18468
the Revised Code no sooner than July 1, 2001 October 16, 2003.	18469

(2) The director shall continue to review and shall issue a	18470
decision regarding any application submitted prior to July 1,	18471
1993, to increase beds for either of the purposes described in	18472
division (B)(1)(a) or (b) of this section if the proposed increase	18473
in beds is attributable solely to a replacement or relocation of	18474
existing beds within the same county. The director shall	18475
authorize under such an application no additional beds beyond	18476
those being replaced or relocated.	18477

(C)(1) Except as provided in division (C)(2) and (3) of this	18478
section, the director, during the period beginning July 1, 1993,	18479
and ending June 30, 2001 October 15, 2003, shall not accept for	18480
review under section 3702.52 of the Revised Code any application	18481
for a certificate of need for any of the purposes described in	18482
divisions (B)(1)(a) to (c) of this section.	18483

(2)(a) The director shall accept for review any application	18484
for either of the purposes described in division (B)(1)(a) or (b)	18485
of this section if either of the following apply:	18486

(i) In case of an existing health care facility that is a	18487
nursing home described in section 5123.192 of the Revised Code,	18488
the proposed increase is attributable solely to the replacement of	18489
existing beds within the same county.	18490

(ii) In the case of a health care facility or county home	18491
described in division (B)(1)(a) or (b) of this section, other than	18492
an existing health care facility described in division	18493
(C)(2)(a)(i) of this section, the proposed increase in beds is	18494
attributable solely to a replacement or relocation of existing	18495
beds within the same county. The	18496

(b) In the case of an existing health care facility	18497
described in division (C)(2)(a)(i) of this section, the director	18498
shall continue to review and shall issue a decision regarding any	18499
application submitted during the period beginning on July 1, 1993,	18500
and ending on the effective date of this amendment to increase	18501
beds for either of the purposes described in division (B)(1)(a) or	18502
(b) of this section only if the proposed increase in beds is	18503
attributable solely to a relocation of existing beds within the	18504
same county. An existing health care facility described in	18505
division (C)(2)(a)(i) of this section that on or after the	18506
effective date of this amendment seeks to increase beds for either	18507
of the purposes described in division (B)(1)(a) or (b) of this	18508
section shall apply for a license under section 5123.19 of the	18509
Revised Code, as described in division (B) of section 5123.192 of	18510
the Revised Code, if the proposed increase is attributable to a	18511
relocation of existing beds within the same county.	18512

(c) The director shall authorize under such an application	18513
described in division (C)(2)(a) or (b) of this section no	18514
additional beds beyond those being replaced or relocated. The	18515

(3) The director also shall accept for review any	18516
application that seeks certificate of need approval for existing	18517
beds located in an infirmary that is operated exclusively by a	18518
religious order, provides care exclusively to members of religious	18519
orders who take vows of celibacy and live by virtue of their vows	18520
within the orders as if related, and was providing care	18521
exclusively to members of such a religious order on January 1,	18522
1994.	18523

(D) The director shall issue a decision regarding any case	18524
remanded by a court as the result of a decision issued by the	18525
director prior to July 1, 1993, to grant, deny, or withdraw a	18526
certificate of need for any of the purposes described in divisions	18527
(B)(1)(a) to (c) of this section.	18528

(E) The director shall not project the need for beds listed	18529
in division (B)(1) of this section for the period beginning July	18530
1, 1993, and ending June 30, 2001 October 15, 2003.	18531

This section is an interim section effective until July 1,	18532
2001 October 16, 2003.	18533

Sec. 3704.143. (A) As used in this section, "contract" means	18534
a contract entered into by the state under section 3704.14 of the	18535
Revised Code with a private contractor for the purpose of	18536
conducting emissions inspections under a motor vehicle inspection	18537
and maintenance program.	18538

(B) Notwithstanding division (D)(5) of section 3704.14 of	18539
the Revised Code, the director of administrative services or the	18540
director of environmental protection, as applicable, shall not	18541
renew any contract that is in existence on the effective date of	18542
this section. Further, the director of administrative services or	18543
the director of environmental protection, as applicable, shall not	18544
enter into a new contract upon the expiration or termination of	18545
any contract that is in existence on the effective date of this	18546
section.	18547

(C) Notwithstanding section 3704.14 of the Revised Code or	18548
any other section of the Revised Code that requires emissions	18549
inspections to be conducted or proof of such inspections to be	18550
provided, upon the expiration or termination of all contracts that	18551
are in existence on the effective date of this section, the	18552
director of environmental protection shall terminate all motor	18553
vehicle inspection and maintenance programs in this state and	18554
shall not implement a new motor vehicle inspection and maintenance	18555
program unless this section is repealed and such a program is	18556
authorized by the general assembly.	18557

Sec. 3721.07. (A) Every person desiring to operate a home and	18558
the superintendent or administrator of each county home or	18559
district home for which a license as a residential care facility	18560
is sought shall apply for a license to the director of health. The	18561
director shall issue a license for the home, if after	18562
investigation of the applicant and, if required by section 3721.02	18563
of the Revised Code, inspection of the home, the following	18564
requirements or conditions are satisfied or complied with:	18565

(A)(1) The applicant has not been convicted of a felony or a	18566
crime involving moral turpitude;	18567

(B)(2) The applicant is not violating any of the rules made	18568
by the public health council or any order issued by the director	18569
of health;	18570

(C)(3) The buildings in which the home is housed have been	18571
approved by the state fire marshal or a township, municipal, or	18572
other legally constituted fire department approved by the marshal.	18573
In the approval of a home such agencies shall apply standards	18574
prescribed by the board of building standards, and by the state	18575
fire marshal, and by section 3721.071 of the Revised Code.	18576

(D)(4) The applicant, if it is an individual, or the	18577
principal participants, if it is an association or a corporation,	18578
is or are suitable financially and morally to operate a home;	18579

(E)(5) The applicant is equipped to furnish humane, kind,	18580
and adequate treatment and care;	18581

(F)(6) The home does not maintain or contain:

18582

(1)(a) Facilities for the performance of major surgical	18583
procedures;	18584

(2)(b) Facilities for providing therapeutic radiation;

18585

(3)(c) An emergency ward;

18586

(4)(d) A clinical laboratory unless it is under the	18587
supervision of a clinical pathologist who is a licensed physician	18588
in this state;	18589

(5)(e) Facilities for radiological examinations unless such	18590
examinations are performed only by a person licensed to practice	18591
medicine, surgery, or dentistry in this state.	18592

(G)(7) The home does not accept or treat outpatients, except	18593
upon the written orders of a physician licensed in this state,	18594
maternity cases, boarding children, and does not house transient	18595
guests, other than participants in an adult day-care program, for	18596
twenty-four hours or less;	18597

(H)(8) The home is in compliance with sections 3721.28 and	18598
3721.29 of the Revised Code.	18599

(B) When the director issues a license, the license shall	18600
remain in effect until revoked by the director or, voided at the	18601
request of the applicant, or terminated as described in division	18602
(D) of this section; provided, there shall be an annual renewal	18603
fee payable during the month of January of each calendar year. Any	18604
licensed home that does not pay its renewal fee in January shall	18605
pay, beginning the first day of February, a late fee of one	18606
hundred dollars for each week or part thereof that the renewal fee	18607
is not paid. If either the renewal fee or the late fee is not	18608
paid by the fifteenth day of February, the director may, in	18609
accordance with Chapter 119. of the Revised Code, revoke the	18610
home's license.	18611

(C) A person whose license is revoked, and a county home or	18612
district home that has its license as a residential care facility	18613
revoked, for any reason other than nonpayment of the license	18614
renewal fee or late fees may not apply for a new license under	18615
this chapter until a period of one year following the date of	18616
revocation has elapsed.	18617

(D) A license issued by the director to a nursing home	18618
described in section 5123.192 of the Revised Code shall terminate	18619
if the nursing home obtains a license under section 5123.19 of the	18620
Revised Code.	18621

(E) Any applicant who is denied a license may appeal in	18622
accordance with Chapter 119. of the Revised Code.	18623

Sec. 3721.12.  (A) The administrator of a home shall:

18624

(1) With the advice of residents, their sponsors, or both,	18625
establish and review at least annually, written policies regarding	18626
the applicability and implementation of residents' rights under	18627
sections 3721.10 to 3721.17 of the Revised Code, the	18628
responsibilities of residents regarding the rights, and the home's	18629
grievance procedure established under division (A)(2) of this	18630
section. The administrator is responsible for the development of,	18631
and adherence to, procedures implementing the policies.	18632

(2) Establish a grievance committee for review of complaints	18633
by residents. The grievance committee shall be comprised of the	18634
home's staff and residents, sponsors, or outside representatives	18635
in a ratio of not more than one staff member to every two	18636
residents, sponsors, or outside representatives.	18637

(3) Furnish to each resident and sponsor prior to or at the	18638
time of admission, and to each member of the home's staff, at	18639
least one of each of the following:	18640

(a) A copy of the rights established under sections 3721.10	18641
to 3721.17 of the Revised Code;	18642

(b) A written explanation of the provisions of section	18643
3721.16 of the Revised Code or, for each resident described in	18644
section 5111.63 of the Revised Code, the provisions of sections	18645
5111.63 and 5111.64 of the Revised Code;	18646

(c) A copy of the home's policies and procedures established	18647
under this section;	18648

(d) A copy of the home's rules;

18649

(e) A copy of the addresses and telephone numbers of the	18650
board of health of the health district of the county in which the	18651
home is located, the county department of job and family services	18652
of the county in which the home is located, the state departments	18653
of health and job and family services, the state and local offices	18654
of the department of aging, and any Ohio nursing home ombudsperson	18655
program.	18656

(B) Written acknowledgment of the receipt of copies of the	18657
materials listed in this section shall be made part of the	18658
resident's record and the staff member's personnel record.	18659

(C) The administrator shall post all of the following	18660
prominently within the home:	18661

(1) A copy of the rights of residents as listed in division	18662
(A) of section 3721.13 of the Revised Code;	18663

(2) A copy of the home's rules and its policies and	18664
procedures regarding the rights and responsibilities of residents;	18665

(3) A notice that a copy of this chapter, rules of the	18666
department of health applicable to the home, and federal	18667
regulations adopted under Titles XVIII and XIX of the "Social	18668
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	18669
1395 and 1396, as amended, and the materials required to be	18670
available in the home under section 3721.021 of the Revised Code,	18671
are available for inspection in the home at reasonable hours;	18672

(4) A list of residents' rights advocates;

18673

(5) A notice that the following are available in a place	18674
readily accessible to residents:	18675

(a) If the home is licensed under section 3721.02 of the	18676
Revised Code, a copy of the most recent licensure inspection	18677
report prepared for the home under that section;	18678

(b) If the home is a nursing facility as defined in section	18679
5111.20 of the Revised Code, a copy of the most recent statement	18680
of deficiencies issued to the home under section 5111.42 of the	18681
Revised Code.	18682

(D) The administrator of a home may, with the advice of	18683
residents, their sponsors, or both, establish written policies	18684
regarding the applicability and administration of any additional	18685
residents' rights beyond those set forth in sections 3721.10 to	18686
3721.17 of the Revised Code, and the responsibilities of residents	18687
regarding the rights. Policies established under this division	18688
shall be reviewed, and procedures developed and adhered to as in	18689
division (A)(1) of this section.	18690

Sec. 3721.16.  (A)(1) For each resident of a home, other than	18691
a resident described in section 5111.63 of the Revised Code,	18692
notice of a proposed transfer or discharge and a request for	18693
hearing on the transfer or discharge shall be in accordance with	18694
this section.	18695

(1) Except in an emergency or unless authorized by statute	18696
or by rules of the director of health, the administrator of a home	18697
shall notify a resident in writing, and the resident's sponsor in	18698
writing by certified mail, return receipt requested, in advance of	18699
any proposed transfer or discharge from the home. The notice	18700
shall be provided at least thirty days in advance of the proposed	18701
transfer or discharge, unless either of the following applies:	18702

(a) The resident's health has improved sufficiently to allow	18703
a more immediate discharge or transfer to a less skilled level of	18704
care;	18705

(b) The resident has resided in the home less than thirty	18706
days.	18707

In the case of a resident described in division (A)(1)(a) or	18708
(b) of this section, the notice shall be provided as many days in	18709
advance of the proposed transfer or discharge as is practicable.	18710

(2) The notice required under division (A)(1) of this	18711
section shall include all of the following:	18712

(a) The reasons for the proposed transfer or discharge;

18713

(b) Notice of the right of the resident and his the	18714
resident's sponsor to an impartial hearing at the home on the	18715
proposed transfer or discharge, and of the manner in which and the	18716
time within which the resident or his sponsor may request a	18717
hearing under division (C) of this section;	18718

(c) The address of the legal services office of the	18719
department of health;	18720

(d) The name, address, and telephone number of a	18721
representative of the state long-term care ombudsman ombudsperson	18722
program and, if the resident or patient has a developmental	18723
disability or mental illness, the name, address, and telephone	18724
number of the Ohio legal rights service.	18725

(B) Transfer or discharge actions shall be documented in the	18726
resident's medical record by the home if there is a medical basis	18727
for the action.	18728

(C) A resident or his resident's sponsor may challenge a	18729
transfer or discharge by requesting an impartial hearing at the	18730
home, unless the transfer or discharge is required because of an	18731
emergency or one of the following reasons:	18732

(1) The home's license has been revoked under this chapter;

18733

(2) The home is being closed pursuant to sections 5111.35 to	18734
5111.62 or section 5155.31 of the Revised Code;	18735

(3) The resident is a recipient of medical assistance under	18736
section 5111.01 of the Revised Code and the home's participation	18737
in the medical assistance program has been terminated or denied;	18738

(4) The resident is a beneficiary under Title XVIII of the	18739
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	18740
amended and the home's certification under Title XVIII has been	18741
terminated or denied.	18742

A request for a hearing under this section shall be sent in	18743
writing to the legal services office of the department of health	18744
not later than ten days after the resident and his the resident's	18745
sponsor receive notice of the proposed transfer or discharge. A	18746
hearing shall be held within ten days by the department of health.	18747
A representative of the department shall preside over the hearing	18748
and issue a recommendation within five days as to any advisable	18749
action to the administrator, the resident, and any interested	18750
sponsor.	18751

If a resident is transferred or discharged pursuant to this	18752
section, the home from which the resident is being transferred or	18753
discharged shall provide the resident with adequate preparation	18754
prior to the transfer or discharge to ensure a safe and orderly	18755
transfer or discharge from the home, and the home or alternative	18756
setting to which the resident is to be transferred or discharged	18757
shall have accepted the resident for transfer or discharge.	18758

(D) An impartial hearing on resident transfer or discharge	18759
is not subject to section 121.22 of the Revised Code.	18760

(E) At the time of a transfer or discharge of a resident who	18761
is a recipient of medical assistance under section 5111.01 of the	18762
Revised Code from a home to a hospital or for therapeutic leave,	18763
the home shall provide notice in writing to the resident and in	18764
writing by certified mail, return receipt requested, to the	18765
resident's sponsor, specifying the number of days, if any, during	18766
which the resident will be permitted under the medical assistance	18767
program to return and resume residence in the home and specifying	18768
the medical assistance program's coverage of the days during which	18769
the resident is absent from the home. An individual who is absent	18770
from a home for more than the number of days specified in the	18771
notice and continues to require the services provided by the	18772
facility shall be given priority for the first available bed in a	18773
semi-private room.	18774

Sec. 3721.17.  (A) Any resident who believes that the	18775
resident's rights under sections 3721.10 to 3721.17 of the Revised	18776
Code have been violated may file a grievance under procedures	18777
adopted pursuant to division (A)(2) of section 3721.12 of the	18778
Revised Code.	18779

When the grievance committee determines a violation of	18780
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	18781
shall notify the administrator of the home. If the violation	18782
cannot be corrected within ten days, or if ten days have elapsed	18783
without correction of the violation, the grievance committee shall	18784
refer the matter to the department of health.	18785

(B) Any person who believes that a resident's rights under	18786
sections 3721.10 to 3721.17 of the Revised Code have been violated	18787
may report or cause reports to be made of the information directly	18788
to the department of health. No person who files a report is	18789
liable for civil damages resulting from the report.	18790

(C)(1) Within thirty days of receiving a complaint under	18791
this section, the department of health shall investigate any	18792
complaint referred to it by a home's grievance committee and any	18793
complaint from any source that alleges that the home provided	18794
substantially less than adequate care or treatment, or	18795
substantially unsafe conditions, or, within seven days of	18796
receiving a complaint, refer it to the attorney general, if the	18797
attorney general agrees to investigate within thirty days.	18798

(2) Within thirty days of receiving a complaint under this	18799
section, the department of health may investigate any alleged	18800
violation of sections 3721.10 to 3721.17 of the Revised Code, or	18801
of rules, policies, or procedures adopted pursuant to those	18802
sections, not covered by division (C)(1) of this section, or it	18803
may, within seven days of receiving a complaint, refer the	18804
complaint to the grievance committee at the home where the alleged	18805
violation occurred, or to the attorney general if the attorney	18806
general agrees to investigate within thirty days.	18807

(D) If, after an investigation, the department of health	18808
finds probable cause to believe that a violation of sections	18809
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	18810
procedures adopted pursuant to those sections, has occurred at a	18811
home that is certified under Title XVIII or XIX of the "Social	18812
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	18813
1395 and 1396, as amended, it shall cite one or more findings or	18814
deficiencies under sections 5111.35 to 5111.62 of the Revised	18815
Code. If the home is not so certified, the department shall hold	18816
an adjudicative hearing within thirty days under Chapter 119. of	18817
the Revised Code.	18818

(E) Upon a finding at an adjudicative hearing under division	18819
(D) of this section that a violation of sections 3721.10 to	18820
3721.17 of the Revised Code, or of rules, policies, or procedures	18821
adopted pursuant thereto, has occurred, the department of health	18822
shall make an order for compliance, set a reasonable time for	18823
compliance, and assess a fine pursuant to division (F) of this	18824
section. The fine shall be paid to the general revenue fund only	18825
if compliance with the order is not shown to have been made within	18826
the reasonable time set in the order. The department of health	18827
may issue an order prohibiting the continuation of any violation	18828
of sections 3721.10 to 3721.17 of the Revised Code.	18829

Findings at the hearings conducted under this section may be	18830
appealed pursuant to Chapter 119. of the Revised Code, except that	18831
an appeal may be made to the court of common pleas of the county	18832
in which the home is located.	18833

The department of health shall initiate proceedings in court	18834
to collect any fine assessed under this section which is unpaid	18835
thirty days after the violator's final appeal is exhausted.	18836

(F) Any home found, pursuant to an adjudication hearing	18837
under division (D) of this section, to have violated sections	18838
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	18839
procedures adopted pursuant to those sections may be fined not	18840
less than one hundred nor more than five hundred dollars for a	18841
first offense. For each subsequent offense, the home may be fined	18842
not less than two hundred nor more than one thousand dollars.	18843

A violation of sections 3721.10 to 3721.17 of the Revised	18844
Code is a separate offense for each day of the violation and for	18845
each resident who claims the violation.	18846

(G) No home or employee of a home shall retaliate against	18847
any person who:	18848

(1) Exercises any right set forth in sections 3721.10 to	18849
3721.17 of the Revised Code, including, but not limited to, filing	18850
a complaint with the home's grievance committee or reporting an	18851
alleged violation to the department of health;	18852

(2) Appears as a witness in any hearing conducted under this	18853
section and or section 3721.16 or 5111.64 of the Revised Code;	18854

(3) Files a civil action alleging a violation of sections	18855
3721.10 to 3721.17 of the Revised Code, or notifies a county	18856
prosecuting attorney or the attorney general of a possible	18857
violation of sections 3721.10 to 3721.17 of the Revised Code.	18858

If, under the procedures outlined in this section, a home or	18859
its employee is found to have retaliated, the violator may be	18860
fined up to one thousand dollars.	18861

(H) When legal action is indicated, any evidence of criminal	18862
activity found in an investigation under division (C) of this	18863
section shall be given to the prosecuting attorney in the county	18864
in which the home is located for investigation.	18865

(I)(1) Any resident whose rights under sections 3721.10 to	18866
3721.17 of the Revised Code are violated has a cause of action	18867
against any person or home committing the violation. The action	18868
may be commenced by the resident or by the resident's sponsor on	18869
behalf of the resident.	18870

(2)(a) If compensatory damages are awarded for a violation	18871
of the resident's rights, section 2315.21 of the Revised Code,	18872
except divisions (E)(1) and (2) of that section, shall apply to an	18873
award of punitive or exemplary damages for the violation.	18874

(b) The court may award to the prevailing party reasonable	18875
attorney's fees limited to the work reasonably performed.	18876

(3) Division (I)(2)(a) of this section shall be considered	18877
to be purely remedial in operation and shall be applied in a	18878
remedial manner in any civil action in which this section is	18879
relevant, whether the action is pending in court or commenced on	18880
or after the effective date of this amendment July 9, 1998.	18881

Sec. 3734.57.  (A) For the purposes of paying the state's	18882
long-term operation costs or matching share for actions taken	18883
under the "Comprehensive Environmental Response, Compensation, and	18884
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	18885
amended; paying the costs of measures for proper clean-up of sites	18886
where polychlorinated biphenyls and substances, equipment, and	18887
devices containing or contaminated with polychlorinated biphenyls	18888
have been stored or disposed of; paying the costs of conducting	18889
surveys or investigations of solid waste facilities or other	18890
locations where it is believed that significant quantities of	18891
hazardous waste were disposed of and for conducting enforcement	18892
actions arising from the findings of such surveys or	18893
investigations; paying the costs of acquiring and cleaning up, or	18894
providing financial assistance for cleaning up, any hazardous	18895
waste facility or solid waste facility containing significant	18896
quantities of hazardous waste, that constitutes an imminent and	18897
substantial threat to public health or safety or the environment;	18898
and, from July 1, 1999 2001, through June 30, 2001 2004, for the	18899
purposes of paying the costs of administering and enforcing the	18900
laws pertaining to solid wastes, infectious wastes, and	18901
construction and demolition debris, including, without limitation,	18902
ground water evaluations related to solid wastes, infectious	18903
wastes, and construction and demolition debris, under this chapter	18904
and Chapter 3714. of the Revised Code and any rules adopted under	18905
them, and paying a share of the administrative costs of the	18906
environmental protection agency pursuant to section 3745.014 of	18907
the Revised Code, the following fees are hereby levied on the	18908
disposal of solid wastes in this state:	18909

(1) One dollar per ton on and after July 1, 1993;

18910

(2) An additional seventy-five cents per ton on and after	18911
July 1, 1999 2001, through June 30, 2001 2004.	18912

The owner or operator of a solid waste disposal facility	18913
shall collect the fees levied under this division as a trustee for	18914
the state and shall prepare and file with the director of	18915
environmental protection monthly returns indicating the total	18916
tonnage of solid wastes received for disposal at the gate of the	18917
facility and the total amount of the fees collected under this	18918
division. Not later than thirty days after the last day of the	18919
month to which such a return applies, the owner or operator shall	18920
mail to the director the return for that month together with the	18921
fees collected during that month as indicated on the return. The	18922
owner or operator may request an extension of not more than thirty	18923
days for filing the return and remitting the fees, provided that	18924
the owner or operator has submitted such a request in writing to	18925
the director together with a detailed description of why the	18926
extension is requested, the director has received the request not	18927
later than the day on which the return is required to be filed,	18928
and the director has approved the request. If the fees are not	18929
remitted within sixty days after the last day of the month during	18930
which they were collected, the owner or operator shall pay an	18931
additional fifty per cent of the amount of the fees for each month	18932
that they are late.	18933

One-half of the moneys remitted to the director under	18934
division (A)(1) of this section shall be credited to the hazardous	18935
waste facility management fund created in section 3734.18 of the	18936
Revised Code, and one-half shall be credited to the hazardous	18937
waste clean-up fund created in section 3734.28 of the Revised	18938
Code. The moneys remitted to the director under division (A)(2)	18939
of this section shall be credited to the solid waste fund, which	18940
is hereby created in the state treasury. The environmental	18941
protection agency shall use moneys in the solid waste fund only to	18942
pay the costs of administering and enforcing the laws pertaining	18943
to solid wastes, infectious wastes, and construction and	18944
demolition debris, including, without limitation, ground water	18945
evaluations related to solid wastes, infectious wastes, and	18946
construction and demolition debris, under this chapter and Chapter	18947
3714. of the Revised Code and rules adopted under them and to pay	18948
a share of the administrative costs of the environmental	18949
protection agency pursuant to section 3745.014 of the Revised	18950
Code.	18951

The fees levied under this division and divisions (B) and (C)	18952
of this section are in addition to all other applicable fees and	18953
taxes and shall be added to any other fee or amount specified in a	18954
contract that is charged by the owner or operator of a solid waste	18955
disposal facility or to any other fee or amount that is specified	18956
in a contract entered into on or after March 4, 1992, and that is	18957
charged by a transporter of solid wastes.	18958

(B) For the purpose of preparing, revising, and implementing	18959
the solid waste management plan of the county or joint solid waste	18960
management district, including, without limitation, the	18961
development and implementation of solid waste recycling or	18962
reduction programs; providing financial assistance to boards of	18963
health within the district, if solid waste facilities are located	18964
within the district, for the enforcement of this chapter and rules	18965
adopted and orders and terms and conditions of permits, licenses,	18966
and variances issued under it, other than the hazardous waste	18967
provisions of this chapter and rules adopted and orders and terms	18968
and conditions of permits issued under those provisions; providing	18969
financial assistance to the county to defray the added costs of	18970
maintaining roads and other public facilities and of providing	18971
emergency and other public services resulting from the location	18972
and operation of a solid waste facility within the county under	18973
the district's approved solid waste management plan; paying the	18974
costs incurred by boards of health for collecting and analyzing	18975
water samples from public or private wells on lands adjacent to	18976
solid waste facilities that are contained in the approved or	18977
amended plan of the district; paying the costs of developing and	18978
implementing a program for the inspection of solid wastes	18979
generated outside the boundaries of this state that are disposed	18980
of at solid waste facilities included in the district's approved	18981
solid waste management plan or amended plan; providing financial	18982
assistance to boards of health within the district for enforcing	18983
laws prohibiting open dumping; providing financial assistance to	18984
local law enforcement agencies within the district for enforcing	18985
laws and ordinances prohibiting littering; providing financial	18986
assistance to boards of health of health districts within the	18987
district that are on the approved list under section 3734.08 of	18988
the Revised Code for the training and certification required for	18989
their employees responsible for solid waste enforcement by rules	18990
adopted under division (L) of section 3734.02 of the Revised Code;	18991
providing financial assistance to individual municipal	18992
corporations and townships within the district to defray their	18993
added costs of maintaining roads and other public facilities and	18994
of providing emergency and other public services resulting from	18995
the location and operation within their boundaries of a	18996
composting, energy or resource recovery, incineration, or	18997
recycling facility that either is owned by the district or is	18998
furnishing solid waste management facility or recycling services	18999
to the district pursuant to a contract or agreement with the board	19000
of county commissioners or directors of the district; and payment	19001
of any expenses that are agreed to, awarded, or ordered to be paid	19002
under section 3734.35 of the Revised Code and of any	19003
administrative costs incurred pursuant to that section, the solid	19004
waste management policy committee of a county or joint solid waste	19005
management district may levy fees upon the following activities:	19006

(1) The disposal at a solid waste disposal facility located	19007
in the district of solid wastes generated within the district;	19008

(2) The disposal at a solid waste disposal facility within	19009
the district of solid wastes generated outside the boundaries of	19010
the district, but inside this state;	19011

(3) The disposal at a solid waste disposal facility within	19012
the district of solid wastes generated outside the boundaries of	19013
this state.	19014

If any such fees are levied prior to January 1, 1994, fees	19015
levied under division (B)(1) of this section always shall be equal	19016
to one-half of the fees levied under division (B)(2) of this	19017
section, and fees levied under division (B)(3) of this section,	19018
which shall be in addition to fees levied under division (B)(2) of	19019
this section, always shall be equal to fees levied under division	19020
(B)(1) of this section, except as otherwise provided in this	19021
division. The solid waste management plan of the county or joint	19022
district approved under section 3734.521 or 3734.55 of the Revised	19023
Code and any amendments to it, or the resolution adopted under	19024
this division, as appropriate, shall establish the rates of the	19025
fees levied under divisions (B)(1), (2), and (3) of this section,	19026
if any, and shall specify whether the fees are levied on the basis	19027
of tons or cubic yards as the unit of measurement. Although the	19028
fees under divisions (A)(1) and (2) of this section are levied on	19029
the basis of tons as the unit of measurement, the solid waste	19030
management plan of the district and any amendments to it or the	19031
solid waste management policy committee in its resolution levying	19032
fees under this division may direct that the fees levied under	19033
those divisions be levied on the basis of cubic yards as the unit	19034
of measurement based upon a conversion factor of three cubic yards	19035
per ton generally or one cubic yard per ton for baled wastes if	19036
the fees under divisions (B)(1) to (3) of this section are being	19037
levied on the basis of cubic yards as the unit of measurement	19038
under the plan, amended plan, or resolution.	19039

On and after January 1, 1994, the fee levied under division	19040
(B)(1) of this section shall be not less than one dollar per ton	19041
nor more than two dollars per ton, the fee levied under division	19042
(B)(2) of this section shall be not less than two dollars per ton	19043
nor more than four dollars per ton, and the fee levied under	19044
division (B)(3) of this section shall be not more than the fee	19045
levied under division (B)(1) of this section, except as otherwise	19046
provided in this division and notwithstanding any schedule of	19047
those fees established in the solid waste management plan of a	19048
county or joint district approved under section 3734.55 of the	19049
Revised Code or a resolution adopted and ratified under this	19050
division that is in effect on that date. If the fee that a	19051
district is levying under division (B)(1) of this section on that	19052
date under its approved plan or such a resolution is less than one	19053
dollar per ton, the fee shall be one dollar per ton on and after	19054
January 1, 1994, and if the fee that a district is so levying	19055
under that division exceeds two dollars per ton, the fee shall be	19056
two dollars per ton on and after that date. If the fee that a	19057
district is so levying under division (B)(2) of this section is	19058
less than two dollars per ton, the fee shall be two dollars per	19059
ton on and after that date, and if the fee that the district is so	19060
levying under that division exceeds four dollars per ton, the fee	19061
shall be four dollars per ton on and after that date. On that	19062
date, the fee levied by a district under division (B)(3) of this	19063
section shall be equal to the fee levied under division (B)(1) of	19064
this section. Except as otherwise provided in this division, the	19065
fees established by the operation of this amendment shall remain	19066
in effect until the district's resolution levying fees under this	19067
division is amended or repealed in accordance with this division	19068
to amend or abolish the schedule of fees, the schedule of fees is	19069
amended or abolished in an amended plan of the district approved	19070
under section 3734.521 or division (A) or (D) of section 3734.56	19071
of the Revised Code, or the schedule of fees is amended or	19072
abolished through an amendment to the district's plan under	19073
division (E) of section 3734.56 of the Revised Code; the	19074
notification of the amendment or abolishment of the fees has been	19075
given in accordance with this division; and collection of the	19076
amended fees so established commences, or collection of the fees	19077
ceases, in accordance with this division.	19078

The solid waste management policy committee of a district	19079
levying fees under divisions (B)(1) to (3) of this section on	19080
October 29, 1993, under its solid waste management plan approved	19081
under section 3734.55 of the Revised Code or a resolution adopted	19082
and ratified under this division that are within the ranges of	19083
rates prescribed by this amendment, by adoption of a resolution	19084
not later than December 1, 1993, and without the necessity for	19085
ratification of the resolution under this division, may amend	19086
those fees within the prescribed ranges, provided that the	19087
estimated revenues from the amended fees will not substantially	19088
exceed the estimated revenues set forth in the district's budget	19089
for calendar year 1994. Not later than seven days after the	19090
adoption of such a resolution, the committee shall notify by	19091
certified mail the owner or operator of each solid waste disposal	19092
facility that is required to collect the fees of the adoption of	19093
the resolution and of the amount of the amended fees. Collection	19094
of the amended fees shall take effect on the first day of the	19095
first month following the month in which the notification is sent	19096
to the owner or operator. The fees established in such a	19097
resolution shall remain in effect until the district's resolution	19098
levying fees that was adopted and ratified under this division is	19099
amended or repealed, and the amendment or repeal of the resolution	19100
is ratified, in accordance with this division, to amend or abolish	19101
the fees, the schedule of fees is amended or abolished in an	19102
amended plan of the district approved under section 3734.521 or	19103
division (A) or (D) of section 3734.56 of the Revised Code, or the	19104
schedule of fees is amended or abolished through an amendment to	19105
the district's plan under division (E) of section 3734.56 of the	19106
Revised Code; the notification of the amendment or abolishment of	19107
the fees has been given in accordance with this division; and	19108
collection of the amended fees so established commences, or	19109
collection of the fees ceases, in accordance with this division.	19110

Prior to the approval of the solid waste management plan of	19111
the district under section 3734.55 of the Revised Code, the solid	19112
waste management policy committee of a district may levy fees	19113
under this division by adopting a resolution establishing the	19114
proposed amount of the fees. Upon adopting the resolution, the	19115
committee shall deliver a copy of the resolution to the board of	19116
county commissioners of each county forming the district and to	19117
the legislative authority of each municipal corporation and	19118
township under the jurisdiction of the district and shall prepare	19119
and publish the resolution and a notice of the time and location	19120
where a public hearing on the fees will be held. Upon adopting	19121
the resolution, the committee shall deliver written notice of the	19122
adoption of the resolution; of the amount of the proposed fees;	19123
and of the date, time, and location of the public hearing to the	19124
director and to the fifty industrial, commercial, or institutional	19125
generators of solid wastes within the district that generate the	19126
largest quantities of solid wastes, as determined by the	19127
committee, and to their local trade associations. The committee	19128
shall make good faith efforts to identify those generators within	19129
the district and their local trade associations, but the	19130
nonprovision of notice under this division to a particular	19131
generator or local trade association does not invalidate the	19132
proceedings under this division. The publication shall occur at	19133
least thirty days before the hearing. After the hearing, the	19134
committee may make such revisions to the proposed fees as it	19135
considers appropriate and thereafter, by resolution, shall adopt	19136
the revised fee schedule. Upon adopting the revised fee schedule,	19137
the committee shall deliver a copy of the resolution doing so to	19138
the board of county commissioners of each county forming the	19139
district and to the legislative authority of each municipal	19140
corporation and township under the jurisdiction of the district.	19141
Within sixty days after the delivery of a copy of the resolution	19142
adopting the proposed revised fees by the policy committee, each	19143
such board and legislative authority, by ordinance or resolution,	19144
shall approve or disapprove the revised fees and deliver a copy of	19145
the ordinance or resolution to the committee. If any such board	19146
or legislative authority fails to adopt and deliver to the policy	19147
committee an ordinance or resolution approving or disapproving the	19148
revised fees within sixty days after the policy committee	19149
delivered its resolution adopting the proposed revised fees, it	19150
shall be conclusively presumed that the board or legislative	19151
authority has approved the proposed revised fees.	19152

In the case of a county district or a joint district formed	19153
by two or three counties, the committee shall declare the proposed	19154
revised fees to be ratified as the fee schedule of the district	19155
upon determining that the board of county commissioners of each	19156
county forming the district has approved the proposed revised fees	19157
and that the legislative authorities of a combination of municipal	19158
corporations and townships with a combined population within the	19159
district comprising at least sixty per cent of the total	19160
population of the district have approved the proposed revised	19161
fees, provided that in the case of a county district, that	19162
combination shall include the municipal corporation having the	19163
largest population within the boundaries of the district, and	19164
provided further that in the case of a joint district formed by	19165
two or three counties, that combination shall include for each	19166
county forming the joint district the municipal corporation having	19167
the largest population within the boundaries of both the county in	19168
which the municipal corporation is located and the joint district.	19169
In the case of a joint district formed by four or more counties,	19170
the committee shall declare the proposed revised fees to be	19171
ratified as the fee schedule of the joint district upon	19172
determining that the boards of county commissioners of a majority	19173
of the counties forming the district have approved the proposed	19174
revised fees; that, in each of a majority of the counties forming	19175
the joint district, the proposed revised fees have been approved	19176
by the municipal corporation having the largest population within	19177
the county and the joint district; and that the legislative	19178
authorities of a combination of municipal corporations and	19179
townships with a combined population within the joint district	19180
comprising at least sixty per cent of the total population of the	19181
joint district have approved the proposed revised fees.	19182

For the purposes of this division, only the population of the	19183
unincorporated area of a township shall be considered. For the	19184
purpose of determining the largest municipal corporation within	19185
each county under this division, a municipal corporation that is	19186
located in more than one solid waste management district, but that	19187
is under the jurisdiction of one county or joint solid waste	19188
management district in accordance with division (A) of section	19189
3734.52 of the Revised Code shall be considered to be within the	19190
boundaries of the county in which a majority of the population of	19191
the municipal corporation resides.	19192

The committee may amend the schedule of fees levied pursuant	19193
to a resolution or amended resolution adopted and ratified under	19194
this division by adopting a resolution establishing the proposed	19195
amount of the amended fees. The committee may abolish the fees	19196
levied pursuant to such a resolution or amended resolution by	19197
adopting a resolution proposing to repeal them. Upon adopting	19198
such a resolution, the committee shall proceed to obtain	19199
ratification of the resolution in accordance with this division.	19200

Not later than fourteen days after declaring the fees or	19201
amended fees to be ratified under this division, the committee	19202
shall notify by certified mail the owner or operator of each solid	19203
waste disposal facility that is required to collect the fees of	19204
the ratification and the amount of the fees. Collection of any	19205
fees or amended fees ratified on or after March 24, 1992, shall	19206
commence on the first day of the second month following the month	19207
in which notification is sent to the owner or operator.	19208

Not later than fourteen days after declaring the repeal of	19209
the district's schedule of fees to be ratified under this	19210
division, the committee shall notify by certified mail the owner	19211
or operator of each facility that is collecting the fees of the	19212
repeal. Collection of the fees shall cease on the first day of	19213
the second month following the month in which notification is sent	19214
to the owner or operator.	19215

Not later than fourteen days after the director issues an	19216
order approving a district's solid waste management plan under	19217
section 3734.55 of the Revised Code or amended plan under division	19218
(A) or (D) of section 3734.56 of the Revised Code that establishes	19219
or amends a schedule of fees levied by the district, or the	19220
ratification of an amendment to the district's approved plan or	19221
amended plan under division (E) of section 3734.56 of the Revised	19222
Code that establishes or amends a schedule of fees, as	19223
appropriate, the committee shall notify by certified mail the	19224
owner or operator of each solid waste disposal facility that is	19225
required to collect the fees of the approval of the plan or	19226
amended plan, or the amendment to the plan, as appropriate, and	19227
the amount of the fees or amended fees. In the case of an initial	19228
or amended plan approved under section 3734.521 of the Revised	19229
Code in connection with a change in district composition, other	19230
than one involving the withdrawal of a county from a joint	19231
district, that establishes or amends a schedule of fees levied	19232
under divisions (B)(1) to (3) of this section by a district	19233
resulting from the change, the committee, within fourteen days	19234
after the change takes effect pursuant to division (G) of that	19235
section, shall notify by certified mail the owner or operator of	19236
each solid waste disposal facility that is required to collect the	19237
fees that the change has taken effect and of the amount of the	19238
fees or amended fees. Collection of any fees set forth in a plan	19239
or amended plan approved by the director on or after April 16,	19240
1993, or an amendment of a plan or amended plan under division (E)	19241
of section 3734.56 of the Revised Code that is ratified on or	19242
after April 16, 1993, shall commence on the first day of the	19243
second month following the month in which notification is sent to	19244
the owner or operator.	19245

Not later than fourteen days after the director issues an	19246
order approving a district's plan under section 3734.55 of the	19247
Revised Code or amended plan under division (A) or (D) of section	19248
3734.56 of the Revised Code that abolishes the schedule of fees	19249
levied under divisions (B)(1) to (3) of this section, or an	19250
amendment to the district's approved plan or amended plan	19251
abolishing the schedule of fees is ratified pursuant to division	19252
(E) of section 3734.56 of the Revised Code, as appropriate, the	19253
committee shall notify by certified mail the owner or operator of	19254
each facility that is collecting the fees of the approval of the	19255
plan or amended plan, or the amendment of the plan or amended	19256
plan, as appropriate, and the abolishment of the fees. In the	19257
case of an initial or amended plan approved under section 3734.521	19258
of the Revised Code in connection with a change in district	19259
composition, other than one involving the withdrawal of a county	19260
from a joint district, that abolishes the schedule of fees levied	19261
under divisions (B)(1) to (3) of this section by a district	19262
resulting from the change, the committee, within fourteen days	19263
after the change takes effect pursuant to division (G) of that	19264
section, shall notify by certified mail the owner or operator of	19265
each solid waste disposal facility that is required to collect the	19266
fees that the change has taken effect and of the abolishment of	19267
the fees. Collection of the fees shall cease on the first day of	19268
the second month following the month in which notification is sent	19269
to the owner or operator.	19270

Except as otherwise provided in this division, if the	19271
schedule of fees that a district is levying under divisions (B)(1)	19272
to (3) of this section pursuant to a resolution or amended	19273
resolution adopted and ratified under this division, the solid	19274
waste management plan of the district approved under section	19275
3734.55 of the Revised Code, an amended plan approved under	19276
division (A) or (D) of section 3734.56 of the Revised Code, or an	19277
amendment to the district's approved plan or amended plan under	19278
division (E) of section 3734.56 of the Revised Code, is amended by	19279
the adoption and ratification of an amendment to the resolution or	19280
amended resolution or an amendment of the district's approved plan	19281
or amended plan, the fees in effect immediately prior to the	19282
approval of the plan or the amendment of the resolution, amended	19283
resolution, plan, or amended plan, as appropriate, shall continue	19284
to be collected until collection of the amended fees commences	19285
pursuant to this division.	19286

If, in the case of a change in district composition involving	19287
the withdrawal of a county from a joint district, the director	19288
completes the actions required under division (G)(1) or (3) of	19289
section 3734.521 of the Revised Code, as appropriate, forty-five	19290
days or more before the beginning of a calendar year, the policy	19291
committee of each of the districts resulting from the change that	19292
obtained the director's approval of an initial or amended plan in	19293
connection with the change, within fourteen days after the	19294
director's completion of the required actions, shall notify by	19295
certified mail the owner or operator of each solid waste disposal	19296
facility that is required to collect the district's fees that the	19297
change is to take effect on the first day of January immediately	19298
following the issuance of the notice and of the amount of the fees	19299
or amended fees levied under divisions (B)(1) to (3) of this	19300
section pursuant to the district's initial or amended plan as so	19301
approved or, if appropriate, the abolishment of the district's	19302
fees by that initial or amended plan. Collection of any fees set	19303
forth in such a plan or amended plan shall commence on the first	19304
day of January immediately following the issuance of the notice.	19305
If such an initial or amended plan abolishes a schedule of fees,	19306
collection of the fees shall cease on that first day of January.	19307

If, in the case of a change in district composition involving	19308
the withdrawal of a county from a joint district, the director	19309
completes the actions required under division (G)(1) or (3) of	19310
section 3734.521 of the Revised Code, as appropriate, less than	19311
forty-five days before the beginning of a calendar year, the	19312
director, on behalf of each of the districts resulting from the	19313
change that obtained the director's approval of an initial or	19314
amended plan in connection with the change proceedings, shall	19315
notify by certified mail the owner or operator of each solid waste	19316
disposal facility that is required to collect the district's fees	19317
that the change is to take effect on the first day of January	19318
immediately following the mailing of the notice and of the amount	19319
of the fees or amended fees levied under divisions (B)(1) to (3)	19320
of this section pursuant to the district's initial or amended plan	19321
as so approved or, if appropriate, the abolishment of the	19322
district's fees by that initial or amended plan. Collection of	19323
any fees set forth in such a plan or amended plan shall commence	19324
on the first day of the second month following the month in which	19325
notification is sent to the owner or operator. If such an initial	19326
or amended plan abolishes a schedule of fees, collection of the	19327
fees shall cease on the first day of the second month following	19328
the month in which notification is sent to the owner or operator.	19329

In the case of a change in district composition, the schedule	19330
of fees that the former districts that existed prior to the change	19331
were levying under divisions (B)(1) to (3) of this section	19332
pursuant to a resolution or amended resolution adopted and	19333
ratified under this division, the solid waste management plan of a	19334
former district approved under section 3734.521 or 3734.55 of the	19335
Revised Code, an amended plan approved under section 3734.521 or	19336
division (A) or (D) of section 3734.56 of the Revised Code, or an	19337
amendment to a former district's approved plan or amended plan	19338
under division (E) of section 3734.56 of the Revised Code, and	19339
that were in effect on the date that the director completed the	19340
actions required under division (G)(1) or (3) of section 3734.521	19341
of the Revised Code shall continue to be collected until the	19342
collection of the fees or amended fees of the districts resulting	19343
from the change is required to commence, or if an initial or	19344
amended plan of a resulting district abolishes a schedule of fees,	19345
collection of the fees is required to cease, under this division.	19346
Moneys so received from the collection of the fees of the former	19347
districts shall be divided among the resulting districts in	19348
accordance with division (B) of section 343.012 of the Revised	19349
Code and the agreements entered into under division (B) of section	19350
343.01 of the Revised Code to establish the former and resulting	19351
districts and any amendments to those agreements.	19352

For the purposes of the provisions of division (B) of this	19353
section establishing the times when newly established or amended	19354
fees levied by a district are required to commence and the	19355
collection of fees that have been amended or abolished is required	19356
to cease, "fees" or "schedule of fees" includes, in addition to	19357
fees levied under divisions (B)(1) to (3) of this section, those	19358
levied under section 3734.573 or 3734.574 of the Revised Code.	19359

(C) For the purposes of defraying the added costs to a	19360
municipal corporation or township of maintaining roads and other	19361
public facilities and of providing emergency and other public	19362
services, and compensating a municipal corporation or township for	19363
reductions in real property tax revenues due to reductions in real	19364
property valuations resulting from the location and operation of a	19365
solid waste disposal facility within the municipal corporation or	19366
township, a municipal corporation or township in which such a	19367
solid waste disposal facility is located may levy a fee of not	19368
more than twenty-five cents per ton on the disposal of solid	19369
wastes at a solid waste disposal facility located within the	19370
boundaries of the municipal corporation or township regardless of	19371
where the wastes were generated.	19372

The legislative authority of a municipal corporation or	19373
township may levy fees under this division by enacting an	19374
ordinance or adopting a resolution establishing the amount of the	19375
fees. Upon so doing the legislative authority shall mail a	19376
certified copy of the ordinance or resolution to the board of	19377
county commissioners or directors of the county or joint solid	19378
waste management district in which the municipal corporation or	19379
township is located or, if a regional solid waste management	19380
authority has been formed under section 343.011 of the Revised	19381
Code, to the board of trustees of that regional authority, the	19382
owner or operator of each solid waste disposal facility in the	19383
municipal corporation or township that is required to collect the	19384
fee by the ordinance or resolution, and the director of	19385
environmental protection. Although the fees levied under this	19386
division are levied on the basis of tons as the unit of	19387
measurement, the legislative authority, in its ordinance or	19388
resolution levying the fees under this division, may direct that	19389
the fees be levied on the basis of cubic yards as the unit of	19390
measurement based upon a conversion factor of three cubic yards	19391
per ton generally or one cubic yard per ton for baled wastes.	19392

Not later than five days after enacting an ordinance or	19393
adopting a resolution under this division, the legislative	19394
authority shall so notify by certified mail the owner or operator	19395
of each solid waste disposal facility that is required to collect	19396
the fee. Collection of any fee levied on or after March 24, 1992,	19397
shall commence on the first day of the second month following the	19398
month in which notification is sent to the owner or operator.	19399

(D)(1) The fees levied under divisions (A), (B), and (C) of	19400
this section do not apply to the disposal of solid wastes that:	19401

(a) Are disposed of at a facility owned by the generator of	19402
the wastes when the solid waste facility exclusively disposes of	19403
solid wastes generated at one or more premises owned by the	19404
generator regardless of whether the facility is located on a	19405
premises where the wastes are generated;	19406

(b) Are disposed of at facilities that exclusively dispose	19407
of wastes that are generated from the combustion of coal, or from	19408
the combustion of primarily coal in combination with scrap tires,	19409
that is not combined in any way with garbage at one or more	19410
premises owned by the generator.	19411

(2) Except as provided in section 3734.571 of the Revised	19412
Code, any fees levied under division (B)(1) of this section apply	19413
to solid wastes originating outside the boundaries of a county or	19414
joint district that are covered by an agreement for the joint use	19415
of solid waste facilities entered into under section 343.02 of the	19416
Revised Code by the board of county commissioners or board of	19417
directors of the county or joint district where the wastes are	19418
generated and disposed of.	19419

(3) When solid wastes, other than solid wastes that consist	19420
of scrap tires, are burned in a disposal facility that is an	19421
incinerator or energy recovery facility, the fees levied under	19422
divisions (A), (B), and (C) of this section shall be levied upon	19423
the disposal of the fly ash and bottom ash remaining after burning	19424
of the solid wastes and shall be collected by the owner or	19425
operator of the sanitary landfill where the ash is disposed of.	19426

(4) When solid wastes are delivered to a solid waste	19427
transfer facility, the fees levied under divisions (A), (B), and	19428
(C) of this section shall be levied upon the disposal of solid	19429
wastes transported off the premises of the transfer facility for	19430
disposal and shall be collected by the owner or operator of the	19431
solid waste disposal facility where the wastes are disposed of.	19432

(5) The fees levied under divisions (A), (B), and (C) of	19433
this section do not apply to sewage sludge that is generated by a	19434
waste water treatment facility holding a national pollutant	19435
discharge elimination system permit and that is disposed of	19436
through incineration, land application, or composting or at	19437
another resource recovery or disposal facility that is not a	19438
landfill.	19439

(6) The fees levied under divisions (A), (B), and (C) of	19440
this section do not apply to solid wastes delivered to a solid	19441
waste composting facility for processing. When any unprocessed	19442
solid waste or compost product is transported off the premises of	19443
a composting facility and disposed of at a landfill, the fees	19444
levied under divisions (A), (B), and (C) of this section shall be	19445
collected by the owner or operator of the landfill where the	19446
unprocessed waste or compost product is disposed of.	19447

(7) When solid wastes that consist of scrap tires are	19448
processed at a scrap tire recovery facility, the fees levied under	19449
divisions (A), (B), and (C) of this section shall be levied upon	19450
the disposal of the fly ash and bottom ash or other solid wastes	19451
remaining after the processing of the scrap tires and shall be	19452
collected by the owner or operator of the solid waste disposal	19453
facility where the ash or other solid wastes are disposed of.	19454

(E) The fees levied under divisions (B) and (C) of this	19455
section shall be collected by the owner or operator of the solid	19456
waste disposal facility where the wastes are disposed of as a	19457
trustee for the county or joint district and municipal corporation	19458
or township where the wastes are disposed of. Moneys from the	19459
fees levied under division (B) of this section shall be forwarded	19460
to the board of county commissioners or board of directors of the	19461
district in accordance with rules adopted under division (H) of	19462
this section. Moneys from the fees levied under division (C) of	19463
this section shall be forwarded to the treasurer or such other	19464
officer of the municipal corporation as, by virtue of the charter,	19465
has the duties of the treasurer or to the clerk of the township,	19466
as appropriate, in accordance with those rules.	19467

(F) Moneys received by the treasurer or such other officer	19468
of the municipal corporation under division (E) of this section	19469
shall be paid into the general fund of the municipal corporation.	19470
Moneys received by the clerk of the township under that division	19471
shall be paid into the general fund of the township. The	19472
treasurer or such other officer of the municipal corporation or	19473
the clerk, as appropriate, shall maintain separate records of the	19474
moneys received from the fees levied under division (C) of this	19475
section.	19476

(G) Moneys received by the board of county commissioners or	19477
board of directors under division (E) of this section or section	19478
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	19479
shall be paid to the county treasurer, or other official acting in	19480
a similar capacity under a county charter, in a county district or	19481
to the county treasurer or other official designated by the board	19482
of directors in a joint district and kept in a separate and	19483
distinct fund to the credit of the district. If a regional solid	19484
waste management authority has been formed under section 343.011	19485
of the Revised Code, moneys received by the board of trustees of	19486
that regional authority under division (E) of this section shall	19487
be kept by the board in a separate and distinct fund to the credit	19488
of the district. Moneys in the special fund of the county or	19489
joint district arising from the fees levied under division (B) of	19490
this section and the fee levied under division (A) of section	19491
3734.573 of the Revised Code shall be expended by the board of	19492
county commissioners or directors of the district in accordance	19493
with the district's solid waste management plan or amended plan	19494
approved under section 3734.521, 3734.55, or 3734.56 of the	19495
Revised Code exclusively for the following purposes:	19496

(1) Preparation of the solid waste management plan of the	19497
district under section 3734.54 of the Revised Code, monitoring	19498
implementation of the plan, and conducting the periodic review and	19499
amendment of the plan required by section 3734.56 of the Revised	19500
Code by the solid waste management policy committee;	19501

(2) Implementation of the approved solid waste management	19502
plan or amended plan of the district, including, without	19503
limitation, the development and implementation of solid waste	19504
recycling or reduction programs;	19505

(3) Providing financial assistance to boards of health	19506
within the district, if solid waste facilities are located within	19507
the district, for enforcement of this chapter and rules, orders,	19508
and terms and conditions of permits, licenses, and variances	19509
adopted or issued under it, other than the hazardous waste	19510
provisions of this chapter and rules adopted and orders and terms	19511
and conditions of permits issued under those provisions;	19512

(4) Providing financial assistance to each county within the	19513
district to defray the added costs of maintaining roads and other	19514
public facilities and of providing emergency and other public	19515
services resulting from the location and operation of a solid	19516
waste facility within the county under the district's approved	19517
solid waste management plan or amended plan;	19518

(5) Pursuant to contracts entered into with boards of health	19519
within the district, if solid waste facilities contained in the	19520
district's approved plan or amended plan are located within the	19521
district, for paying the costs incurred by those boards of health	19522
for collecting and analyzing samples from public or private water	19523
wells on lands adjacent to those facilities;	19524

(6) Developing and implementing a program for the inspection	19525
of solid wastes generated outside the boundaries of this state	19526
that are disposed of at solid waste facilities included in the	19527
district's approved solid waste management plan or amended plan;	19528

(7) Providing financial assistance to boards of health	19529
within the district for the enforcement of section 3734.03 of the	19530
Revised Code or to local law enforcement agencies having	19531
jurisdiction within the district for enforcing anti-littering laws	19532
and ordinances;	19533

(8) Providing financial assistance to boards of health of	19534
health districts within the district that are on the approved list	19535
under section 3734.08 of the Revised Code to defray the costs to	19536
the health districts for the participation of their employees	19537
responsible for enforcement of the solid waste provisions of this	19538
chapter and rules adopted and orders and terms and conditions of	19539
permits, licenses, and variances issued under those provisions in	19540
the training and certification program as required by rules	19541
adopted under division (L) of section 3734.02 of the Revised Code;	19542

(9) Providing financial assistance to individual municipal	19543
corporations and townships within the district to defray their	19544
added costs of maintaining roads and other public facilities and	19545
of providing emergency and other public services resulting from	19546
the location and operation within their boundaries of a	19547
composting, energy or resource recovery, incineration, or	19548
recycling facility that either is owned by the district or is	19549
furnishing solid waste management facility or recycling services	19550
to the district pursuant to a contract or agreement with the board	19551
of county commissioners or directors of the district;	19552

(10) Payment of any expenses that are agreed to, awarded, or	19553
ordered to be paid under section 3734.35 of the Revised Code and	19554
of any administrative costs incurred pursuant to that section. In	19555
the case of a joint solid waste management district, if the board	19556
of county commissioners of one of the counties in the district is	19557
negotiating on behalf of affected communities, as defined in that	19558
section, in that county, the board shall obtain the approval of	19559
the board of directors of the district in order to expend moneys	19560
for administrative costs incurred.	19561

Prior to the approval of the district's solid waste	19562
management plan under section 3734.55 of the Revised Code, moneys	19563
in the special fund of the district arising from the fees shall be	19564
expended for those purposes in the manner prescribed by the solid	19565
waste management policy committee by resolution.	19566

Notwithstanding division (G)(6) of this section as it existed	19567
prior to October 29, 1993, or any provision in a district's solid	19568
waste management plan prepared in accordance with division	19569
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	19570
prior to that date, any moneys arising from the fees levied under	19571
division (B)(3) of this section prior to January 1, 1994, may be	19572
expended for any of the purposes authorized in divisions (G)(1) to	19573
(10) of this section.	19574

(H) The director shall adopt rules in accordance with	19575
Chapter 119. of the Revised Code prescribing procedures for	19576
collecting and forwarding the fees levied under divisions (B) and	19577
(C) of this section to the boards of county commissioners or	19578
directors of county or joint solid waste management districts and	19579
to the treasurers or other officers of municipal corporations or	19580
to the clerks of townships. The rules also shall prescribe the	19581
dates for forwarding the fees to the boards and officials and may	19582
prescribe any other requirements the director considers necessary	19583
or appropriate to implement and administer divisions (A), (B), and	19584
(C) of this section. Collection of the fees levied under division	19585
(A)(1) of this section shall commence on July 1, 1993. Collection	19586
of the fees levied under division (A)(2) of this section shall	19587
commence on January 1, 1994.	19588

Sec. 3734.82.  (A) The annual fee for a scrap tire recovery	19589
facility license issued under section 3734.81 of the Revised Code	19590
shall be in accordance with the following schedule:	19591

For the purpose of determining the applicable license fee	19602
under this division, the daily design input capacity shall be the	19603
quantity of scrap tires the facility is designed to process daily	19604
as set forth in the registration certificate or permit for the	19605
facility, and any modifications to the permit, if applicable,	19606
issued under section 3734.78 of the Revised Code.	19607

(B) The annual fee for a scrap tire monocell or monofill	19608
facility license shall be in accordance with the following	19609
schedule:	19610

For the purpose of determining the applicable license fee	19618
under this division, the authorized maximum daily waste receipt	19619
shall be the maximum amount of scrap tires the facility is	19620
authorized to receive daily that is established in the permit for	19621
the facility, and any modification to that permit, issued under	19622
section 3734.77 of the Revised Code.	19623

(C)(1) Except as otherwise provided in division (C)(2) of	19624
this section, the annual fee for a scrap tire storage facility	19625
license shall equal one thousand dollars times the number of acres	19626
on which scrap tires are to be stored at the facility during the	19627
license year, as set forth on the application for the annual	19628
license, except that the total annual license fee for any such	19629
facility shall not exceed three thousand dollars.	19630

(2) The annual fee for a scrap tire storage facility license	19631
for a storage facility that is owned or operated by a motor	19632
vehicle salvage dealer licensed under Chapter 4738. of the Revised	19633
Code is one hundred dollars.	19634

(D)(1) Except as otherwise provided in division (D)(2) of	19635
this section, the annual fee for a scrap tire collection facility	19636
license is two hundred dollars.	19637

(2) The annual fee for a scrap tire collection facility	19638
license for a collection facility that is owned or operated by a	19639
motor vehicle salvage dealer licensed under Chapter 4738. of the	19640
Revised Code is fifty dollars.	19641

(E) Except as otherwise provided in divisions (C)(2) and	19642
(D)(2) of this section, the same fees apply to private operators	19643
and to the state and its political subdivisions and shall be paid	19644
within thirty days after the issuance of a license. The fees	19645
include the cost of licensing, all inspections, and other costs	19646
associated with the administration of the scrap tire provisions of	19647
this chapter and rules adopted under them. Each license shall	19648
specify that it is conditioned upon payment of the applicable fee	19649
to the board of health or the director of environmental	19650
protection, as appropriate, within thirty days after the issuance	19651
of the license.	19652

(F) The board of health shall retain fifteen thousand	19653
dollars of each license fee collected by the board under division	19654
(B) of this section, or the entire amount of any such fee that is	19655
less than fifteen thousand dollars, and the entire amount of each	19656
license fee collected by the board under divisions (A), (C), and	19657
(D) of this section. The moneys retained shall be paid into a	19658
special fund, which is hereby created in each health district, and	19659
used solely to administer and enforce the scrap tire provisions of	19660
this chapter and rules adopted under them. The remainder, if any,	19661
of each license fee collected by the board under division (B) of	19662
this section shall be transmitted to the director within	19663
forty-five days after receipt of the fee.	19664

(G) The director shall transmit the moneys received by the	19665
director from license fees collected under division (B) of this	19666
section to the treasurer of state to be credited to the scrap tire	19667
management fund, which is hereby created in the state treasury.	19668
The fund shall consist of all federal moneys received by the	19669
environmental protection agency for the scrap tire management	19670
program; all grants, gifts, and contributions made to the director	19671
for that program; and all other moneys that may be provided by law	19672
for that program. The director shall use moneys in the fund as	19673
follows:	19674

(1) Expend not more than seven hundred fifty thousand	19675
dollars during each fiscal year to implement, administer, and	19676
enforce the scrap tire provisions of this chapter and rules	19677
adopted under them;	19678

(2) For fiscal years 1998 and 1999, grant not more than one	19679
hundred fifty thousand dollars during each fiscal year to the	19680
polymer institute at the university of Akron for the purpose of	19681
expediting research concerning and evaluation of alternative	19682
methods of recycling scrap tires. The institute shall report to	19683
the director annually concerning research programs under review,	19684
and the results of scrap tire recycling experiments conducted, by	19685
or in conjunction with the institute. The university shall report	19686
to the director biennially concerning the expenditures of moneys	19687
received by the institute under division (G)(2) of this section.	19688

(3) During each fiscal year, request the director of budget	19689
and management to, and the director of budget and management	19690
shall, transfer one million dollars to the scrap tire loans and	19691
grants recycling fund created in section 166.032 1502.12 of the	19692
Revised Code for the purposes specified in that section;	19693

(4) Annually transfer to the central support indirect fund	19694
created in section 3745.014 of the Revised Code an amount equal to	19695
not more than twelve per cent of each fiscal year's appropriation	19696
to the scrap tire management fund.	19697

(H)(1) If, during a fiscal year, more than three million	19698
five hundred thousand dollars are credited to the scrap tire	19699
management fund, the director, at the conclusion of the fiscal	19700
year, shall request the director of budget and management to, and	19701
the director of budget and management shall, transfer to the scrap	19702
tire loans and grants fund one-half of the moneys credited to the	19703
scrap tire management fund in excess of that amount.	19704

(2) In each fiscal year, if more than three million five	19705
hundred thousand dollars are credited to the scrap tire management	19706
fund during the preceding fiscal year, the director shall expend	19707
during the current fiscal year one-half of that excess amount to	19708
conduct removal operations under section 3734.85 of the Revised	19709
Code.	19710

(3) Expend not more than three million dollars per year	19711
during fiscal years 2002 and 2003 to conduct removal actions under	19712
section 3734.85 of the Revised Code and to make grants to boards	19713
of health under section 3734.042 of the Revised Code. However,	19714
more than three million dollars may be expended in fiscal years	19715
2002 and 2003 for the purposes of division (G)(3) of this section	19716
if more moneys are collected from the fee levied under division	19717
(A)(2) of section 3734.901 of the Revised Code. During each	19718
subsequent fiscal year the director shall expend not more than	19719
four million five hundred thousand dollars to conduct removal	19720
actions under section 3734.85 of the Revised Code and to make	19721
grants to boards of health under section 3734.042 of the Revised	19722
Code. However, more than four million five hundred thousand	19723
dollars may be expended in a fiscal year for the purposes of	19724
division (G)(3) of this section if more moneys are collected from	19725
the fee levied under division (A)(2) of section 3734.901 of the	19726
Revised Code. The director shall request the approval of the	19727
controlling board prior to the use of the moneys to conduct	19728
removal actions under section 3734.85 of the Revised Code. The	19729
request shall be accompanied by a plan describing the removal	19730
actions to be conducted during the fiscal year and an estimate of	19731
the costs of conducting them. The controlling board shall approve	19732
the plan only if it finds that the proposed removal actions are in	19733
accordance with the priorities set forth in division (B) of	19734
section 3734.85 of the Revised Code and that the costs of	19735
conducting them are reasonable. Controlling board approval is not	19736
required for grants made to boards of health under section	19737
3734.042 of the Revised Code.	19738

(H) If, during a fiscal year, more than seven million	19739
dollars are credited to the scrap tire management fund, the	19740
director, at the conclusion of the fiscal year, shall request the	19741
director of budget and management to, and the director of budget	19742
and management shall, transfer one-half of those excess moneys to	19743
the scrap tire recycling fund. The director shall expend the	19744
remaining excess moneys in the scrap tire management fund to	19745
conduct removal actions under section 3734.85 of the Revised Code	19746
in accordance with the procedures established under division (I)	19747
of this section.	19748

(I) After the actions in divisions (G)(1) to (4)(3) and (H)	19749
of this section are completed during each prior fiscal year, the	19750
director may expend up to the balance remaining from prior fiscal	19751
years in the scrap tire management fund to conduct removal actions	19752
under section 3734.85 of the Revised Code. Prior to using any	19753
moneys in the fund for that purpose in a fiscal year, the director	19754
shall request the approval of the controlling board for that use	19755
of the moneys. The request shall be accompanied by a plan	19756
describing the removal actions to be conducted during the fiscal	19757
year and an estimate of the costs of conducting them. The	19758
controlling board shall approve the plan only if the board finds	19759
that the proposed removal actions are in accordance with the	19760
priorities set forth in division (B) of section 3734.85 of the	19761
Revised Code and that the costs of conducting them are reasonable.	19762

Sec. 3734.901.  (A)(1) For the purpose of providing revenue	19763
to defray the cost of administering and enforcing the scrap tire	19764
provisions of this chapter, rules adopted under those provisions,	19765
and terms and conditions of orders, variances, and licenses issued	19766
under those provisions; to abate accumulations of scrap tires; to	19767
make grants to promote research regarding alternative methods of	19768
recycling scrap tires and loans to promote the recycling or	19769
recovery of energy from scrap tires; and to defray the costs of	19770
administering and enforcing sections 3734.90 to 3734.9014 of the	19771
Revised Code, a fee of fifty cents per tire is hereby levied on	19772
the sale of tires. The fee is levied from the first day of the	19773
calendar month that begins next after thirty days from October 29,	19774
1993, through June 30, 2006.	19775

(2) There is hereby levied an additional fee of fifty cents	19776
per tire on the sale of tires the proceeds of which shall be	19777
deposited in the scrap tire management fund created in section	19778
3734.82 of the Revised Code and be used exclusively for the	19779
purposes specified in division (G)(3) of that section.	19780

(B) Only one sale of the same article shall be used in	19781
computing the amount of the fee due.	19782

Sec. 3745.014.  There is hereby created in the state treasury	19783
the central support indirect fund, which shall be administered by	19784
the director of environmental protection. Money credited to the	19785
fund shall be used for administrative costs of the environmental	19786
protection agency that are related to expenditures by the agency	19787
from funds of the general services fund group and the state	19788
special revenue fund group. The director may assess any operating	19789
funds of from which the agency within the general services fund	19790
group or the state special revenue fund group receives	19791
appropriations, except the central support indirect fund, for a	19792
share of the administrative costs of the agency. The assessments	19793
shall be paid from the general services funds and state special	19794
revenue funds designated by the director and amounts assessed	19795
shall be transferred to the central support indirect fund by means	19796
of intrastate transfer vouchers. The director, with the approval	19797
of the director of budget and management, shall determine the rate	19798
of assessments, which shall not exceed twelve per cent of the	19799
total fiscal year appropriation from any such fund for the fiscal	19800
year unless the controlling board approves a request from the	19801
director for a higher rate.	19802

Sec. 3745.04.  As used in this section, "any person" means	19803
any individual, any partnership, corporation, association, or	19804
other legal entity, or any political subdivision, instrumentality,	19805
or agency of a state, whether or not the individual or legal	19806
entity is an applicant for or holder of a license, permit, or	19807
variance from the environmental protection agency, and includes	19808
any department, agency, or instrumentality of the federal	19809
government that is an applicant for or holder of a license,	19810
permit, or variance from the environmental protection agency.	19811

As used in this section, "action" or "act" includes the	19812
adoption, modification, or repeal of a rule or standard, the	19813
issuance, modification, or revocation of any lawful order other	19814
than an emergency order, and the issuance, denial, modification,	19815
or revocation of a license, permit, lease, variance, or	19816
certificate, or the approval or disapproval of plans and	19817
specifications pursuant to law or rules adopted thereunder.	19818

Any person who was a party to a proceeding before the	19819
director of environmental protection may participate in an appeal	19820
to the environmental review appeals commission for an order	19821
vacating or modifying the action of the director of environmental	19822
protection or a local board of health, or ordering the director or	19823
board of health to perform an act. The environmental review	19824
appeals commission has exclusive original jurisdiction over any	19825
matter that may, under this section, be brought before it.	19826

The person so appealing to the commission shall be known as	19827
appellant, and the director and any party to a proceeding	19828
substantially supporting the finding from which the appeal is	19829
taken shall be known as appellee, except that when an appeal	19830
involves a license to operate a disposal site or facility, the	19831
local board of health or the director of environmental protection,	19832
and any party to a proceeding substantially supporting the finding	19833
from which the appeal is taken, shall, as appropriate, be known as	19834
the appellee. Appellant and appellee shall be deemed to be	19835
parties to the appeal.	19836

The appeal shall be in writing and shall set forth the action	19837
complained of and the grounds upon which the appeal is based.	19838

The appeal shall be filed with the commission within thirty	19839
days after notice of the action. Notice of the filing of the	19840
appeal shall be filed with the appellee within three days after	19841
the appeal is filed with the commission.	19842

The appeal shall be accompanied by a filing fee of forty	19843
sixty dollars, which the commission, in its discretion, may waive	19844
in cases of extreme hardship.	19845

Within seven days after receipt of the notice of appeal, the	19846
director or local board of health shall prepare and certify to the	19847
commission a record of the proceedings out of which the appeal	19848
arises, including all documents and correspondence, and a	19849
transcript of all testimony.	19850

Upon the filing of the appeal, the commission shall fix the	19851
time and place at which the hearing on the appeal will be held.	19852
The commission shall give the appellant and the appellee at least	19853
ten days' written notice thereof by certified mail. The	19854
commission shall hold the hearing within thirty days after the	19855
notice of appeal is filed. The commission may postpone or	19856
continue any hearing upon its own motion or upon application of	19857
the appellant or of the appellee.	19858

The filing of an appeal does not automatically suspend or	19859
stay execution of the action appealed from. Upon application by	19860
the appellant, the commission may suspend or stay such the	19861
execution pending immediate determination of the appeal without	19862
interruption by continuances, other than for unavoidable	19863
circumstances.	19864

As used in this section and sections 3745.05 and 3745.06 of	19865
the Revised Code, "director of environmental protection" and	19866
"director" are deemed to include the director of agriculture and	19867
"environmental protection agency" is deemed to include the	19868
department of agriculture with respect to actions that are	19869
appealable to the commission under Chapter 903. of the Revised	19870
Code.	19871

Sec. 3745.10. Not later than ten days after receipt of an	19872
application for a permit under Chapter 3704., 3734., 3746., or	19873
6111. of the Revised Code, the director of environmental	19874
protection shall send to the applicant written acknowledgement of	19875
receipt of the application. The written acknowledgement shall	19876
contain a statement indicating either that the application	19877
contains all of the necessary information or the application is	19878
incomplete. If the application is incomplete, the written	19879
acknowledgement also shall provide a description of the	19880
information that is missing from the application.	19881

If the director fails to comply with this section, the	19882
director shall waive the applicant's application fee.	19883

Sec. 3745.11.  (A) Applicants for and holders of permits,	19884
licenses, variances, plan approvals, and certifications issued by	19885
the director of environmental protection pursuant to Chapters	19886
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	19887
to the environmental protection agency for each such issuance and	19888
each application for an issuance as provided by this section. No	19889
fee shall be charged for any issuance for which no application has	19890
been submitted to the director.	19891

(B) Prior to January 1, 1994, each person issued a permit to	19892
operate, variance, or permit to install under section 3704.03 of	19893
the Revised Code shall pay the fees specified in the following	19894
schedule:	19895

(1) Fuel-Burning Equipment

19896

Any fuel-burning equipment using only natural gas, propane,	19905
liquefied petroleum gas, or number two or lighter fuel oil shall	19906
be assessed a fee one-half of that shown.	19907

(2) Incinerators

19908

(3) Process

19917

In any process where process weight rate cannot be	19926
ascertained, the minimum fee shall be assessed.	19927

(4) Storage tanks

19928

(5) Gasoline

19940

(6) Dry cleaning

19946

(7) Coal mining operations regulated under Chapter 1513. of	19952
the Revised Code shall be assessed a fee of two hundred fifty	19953
dollars per mine or location.	19954

(C)(1) Except as otherwise provided in division (C)(2) of	19955
this section, beginning July 1, 1994, each person who owns or	19956
operates an air contaminant source and who is required to apply	19957
for and obtain a Title V permit under section 3704.036 of the	19958
Revised Code shall pay the fees set forth in division (C)(1) of	19959
this section. For the purposes of that division, total emissions	19960
of air contaminants may be calculated using engineering	19961
calculations, emissions factors, material balance calculations, or	19962
performance testing procedures, as authorized by the director.	19963

The following fees shall be assessed on the total actual	19964
emissions from a source in tons per year of the regulated	19965
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	19966
organic compounds, and lead:	19967

(a) Fifteen dollars per ton on the total actual emissions of	19968
each such regulated pollutant during the period July through	19969
December 1993, to be collected no sooner than July 1, 1994;	19970

(b) Twenty dollars per ton on the total actual emissions of	19971
each such regulated pollutant during calendar year 1994, to be	19972
collected no sooner than April 15, 1995;	19973

(c) Twenty-five dollars per ton on the total actual	19974
emissions of each such regulated pollutant in calendar year 1995,	19975
and each subsequent calendar year, to be collected no sooner than	19976
the fifteenth day of April of the year next succeeding the	19977
calendar year in which the emissions occurred.	19978

The fees levied under division (C)(1) of this section do not	19979
apply to that portion of the emissions of a regulated pollutant at	19980
a facility that exceed four thousand tons during a calendar year.	19981

(2) The fees assessed under division (C)(1) of this section	19982
are for the purpose of providing funding for the Title V permit	19983
program.	19984

(3) The fees assessed under division (C)(1) of this section	19985
do not apply to emissions from any electric generating unit	19986
designated as a Phase I unit under Title IV of the federal Clean	19987
Air Act prior to calendar year 2000. Those fees shall be assessed	19988
on the emissions from such a generating unit commencing in	19989
calendar year 2001 based upon the total actual emissions from the	19990
generating unit during calendar year 2000 and shall continue to be	19991
assessed each subsequent calendar year based on the total actual	19992
emissions from the generating unit during the preceding calendar	19993
year.	19994

(4) The director shall issue invoices to owners or operators	19995
of air contaminant sources who are required to pay a fee assessed	19996
under division (C) or (D) of this section. Any such invoice shall	19997
be issued no sooner than the applicable date when the fee first	19998
may be collected in a year under the applicable division, shall	19999
identify the nature and amount of the fee assessed, and shall	20000
indicate that the fee is required to be paid within thirty days	20001
after the issuance of the invoice.	20002

(D)(1) Except as provided in division (D)(2) of this	20003
section, beginning January 1, 1994, each person who owns or	20004
operates an air contaminant source; who is required to apply for a	20005
permit to operate pursuant to rules adopted under division (G), or	20006
a variance pursuant to division (H), of section 3704.03 of the	20007
Revised Code; and who is not required to apply for and obtain a	20008
Title V permit under section 3704.036 of the Revised Code shall	20009
pay a single fee based upon the sum of the actual annual emissions	20010
from the facility of the regulated pollutants particulate matter,	20011
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	20012
accordance with the following schedule:	20013

(2)(a) As used in division (D) of this section, "synthetic	20020
minor facility" means a facility for which one or more permits to	20021
install or permits to operate have been issued for the air	20022
contaminant sources at the facility that include terms and	20023
conditions that lower the facility's potential to emit air	20024
contaminants below the major source thresholds established in	20025
rules adopted under section 3704.036 of the Revised Code.	20026

(b) Beginning January 1, 2000, through June 30, 2001 2004,	20027
each person who owns or operates a synthetic minor facility shall	20028
pay an annual fee based on the sum of the actual annual emissions	20029
from the facility of particulate matter, sulfur dioxide, nitrogen	20030
dioxide, organic compounds, and lead in accordance with the	20031
following schedule:	20032

(3) The fees assessed under division (D)(1) of this section	20047
shall be collected annually no sooner than the fifteenth day of	20048
April, commencing in 1995. The fees assessed under division	20049
(D)(2) of this section shall be collected no sooner than the	20050
fifteenth day of April, commencing in 2000, and shall continue	20051
through June 30, 2001. The fees assessed under division (D) of	20052
this section in a calendar year shall be based upon the sum of the	20053
actual emissions of those regulated pollutants during the	20054
preceding calendar year. For the purpose of division (D) of this	20055
section, emissions of air contaminants may be calculated using	20056
engineering calculations, emission factors, material balance	20057
calculations, or performance testing procedures, as authorized by	20058
the director. The director, by rule, may require persons who are	20059
required to pay the fees assessed under division (D) of this	20060
section to pay those fees biennially rather than annually.	20061

(E)(1) Consistent with the need to cover the reasonable	20062
costs of the Title V permit program, the director annually shall	20063
increase the fees prescribed in division (C)(1) of this section by	20064
the percentage, if any, by which the consumer price index for the	20065
most recent calendar year ending before the beginning of a year	20066
exceeds the consumer price index for calendar year 1989. Upon	20067
calculating an increase in fees authorized by division (E)(1) of	20068
this section, the director shall compile revised fee schedules for	20069
the purposes of division (C)(1) of this section and shall make the	20070
revised schedules available to persons required to pay the fees	20071
assessed under that division and to the public.	20072

(2) For the purposes of division (E)(1) of this section:

20073

(a) The consumer price index for any year is the average of	20074
the consumer price index for all urban consumers published by the	20075
United States department of labor as of the close of the	20076
twelve-month period ending on the thirty-first day of August of	20077
that year;.	20078

(b) If the 1989 consumer price index is revised, the	20079
director shall use the revision of the consumer price index that	20080
is most consistent with that for calendar year 1989.	20081

(F) Each person who is issued a permit to install pursuant	20082
to rules adopted under division (F) of section 3704.03 of the	20083
Revised Code on or after January 1, 1994, shall pay the fees	20084
specified in the following schedules:	20085

(1) Fuel-burning equipment (boilers)

20086

Units burning exclusively natural gas, number two fuel oil,	20096
or both shall be assessed a fee that is one-half the applicable	20097
amount shown in division (F)(1) of this section.	20098

(2) Incinerators

20099

(3)(a) Process

20106

In any process where process weight rate cannot be	20113
ascertained, the minimum fee shall be assessed.	20114

(b) Notwithstanding division (F)(3)(a) of this section, any	20115
person issued a permit to install pursuant to rules adopted under	20116
division (F) of section 3704.03 of the Revised Code shall pay the	20117
fees set forth in division (F)(3)(c) of this section for a process	20118
used in any of the following industries, as identified by the	20119
applicable four-digit standard industrial classification code	20120
according to the Standard Industrial Classification Manual	20121
published by the United States office of management and budget in	20122
the executive office of the president, 1972, as revised:	20123

1211 Bituminous coal and lignite mining;

20124

1213 Bituminous coal and lignite mining services;

20125

1411 Dimension stone;

20126

1422 Crushed and broken limestone;

20127

1427 Crushed and broken stone, not elsewhere classified;

20128

1442 Construction sand and gravel;

20129

1446 Industrial sand;

20130

3281 Cut stone and stone products;

20131

3295 Minerals and earth, ground or otherwise treated.

20132

(c) The fees set forth in the following schedule apply to	20133
the issuance of a permit to install pursuant to rules adopted	20134
under division (F) of section 3704.03 of the Revised Code for a	20135
process identified in division (F)(3)(b) of this section:	20136

(4) Storage tanks

20146

(5) Gasoline/fuel dispensing facilities

20155

(6) Dry cleaning facilities

20158

(7) Registration status

20162

(G) An owner or operator who is responsible for an asbestos	20165
demolition or renovation project pursuant to rules adopted under	20166
section 3704.03 of the Revised Code shall pay the fees set forth	20167
in the following schedule:	20168

For purposes of this division, "unit" means any combination of	20173
linear feet or square feet equal to fifty.	20174

(H) A person who is issued an extension of time for a permit	20175
to install an air contaminant source pursuant to rules adopted	20176
under division (F) of section 3704.03 of the Revised Code shall	20177
pay a fee equal to one-half the fee originally assessed for the	20178
permit to install under this section, except that the fee for such	20179
an extension shall not exceed two hundred dollars.	20180

(I) A person who is issued a modification to a permit to	20181
install an air contaminant source pursuant to rules adopted under	20182
section 3704.03 of the Revised Code shall pay a fee equal to	20183
one-half of the fee that would be assessed under this section to	20184
obtain a permit to install the source. The fee assessed by this	20185
division only applies to modifications that are initiated by the	20186
owner or operator of the source and shall not exceed two thousand	20187
dollars.	20188

(J) Notwithstanding division (B) or (F) of this section, a	20189
person who applies for or obtains a permit to install pursuant to	20190
rules adopted under division (F) of section 3704.03 of the Revised	20191
Code after the date actual construction of the source began shall	20192
pay a fee for the permit to install that is equal to twice the fee	20193
that otherwise would be assessed under the applicable division	20194
unless the applicant received authorization to begin construction	20195
under division (W) of section 3704.03 of the Revised Code. This	20196
division only applies to sources for which actual construction of	20197
the source begins on or after July 1, 1993. The imposition or	20198
payment of the fee established in this division does not preclude	20199
the director from taking any administrative or judicial	20200
enforcement action under this chapter, Chapter 3704., 3714.,	20201
3734., or 6111. of the Revised Code, or a rule adopted under any	20202
of them, in connection with a violation of rules adopted under	20203
division (F) of section 3704.03 of the Revised Code.	20204

As used in this division, "actual construction of the source"	20205
means the initiation of physical on-site construction activities	20206
in connection with improvements to the source that are permanent	20207
in nature, including, without limitation, the installation of	20208
building supports and foundations and the laying of underground	20209
pipework.	20210

(K) Fifty cents per ton of each fee assessed under division	20211
(C) of this section on actual emissions from a source and received	20212
by the environmental protection agency pursuant to that division	20213
shall be deposited into the state treasury to the credit of the	20214
small business assistance fund created in section 3706.19 of the	20215
Revised Code. The remainder of the moneys received by the	20216
division pursuant to that division and moneys received by the	20217
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of	20218
this section shall be deposited in the state treasury to the	20219
credit of the clean air fund created in section 3704.035 of the	20220
Revised Code.	20221

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	20222
or (c) of this section, a person issued a water discharge permit	20223
or renewal of a water discharge permit pursuant to Chapter 6111.	20224
of the Revised Code shall pay a fee based on each point source to	20225
which the issuance is applicable in accordance with the following	20226
schedule:	20227

(b) Notwithstanding the fee schedule specified in division	20235
(L)(1)(a) of this section, the fee for a water discharge permit	20236
that is applicable to coal mining operations regulated under	20237
Chapter 1513. of the Revised Code shall be two hundred fifty	20238
dollars per mine.	20239

(c) Notwithstanding the fee schedule specified in division	20240
(L)(1)(a) of this section, the fee for a water discharge permit	20241
for a public discharger identified by I in the third character of	20242
the permittee's NPDES permit number shall not exceed seven hundred	20243
fifty dollars.	20244

(2) A person applying for a plan approval for a wastewater	20245
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	20246
of the Revised Code shall pay a fee of one hundred dollars plus	20247
sixty-five one-hundredths of one per cent of the estimated project	20248
cost through June 30, 2002 2004, and one hundred dollars plus	20249
two-tenths of one per cent of the estimated project cost on and	20250
after July 1, 2002 2004, except that the total fee shall not	20251
exceed fifteen thousand dollars through June 30, 2002 2004, and	20252
five thousand dollars on and after July 1, 2002 2004. The fee	20253
shall be paid at the time the application is submitted.	20254

(3) A person issued a modification of a water discharge	20255
permit shall pay a fee equal to one-half the fee that otherwise	20256
would be charged for a water discharge permit, except that the fee	20257
for the modification shall not exceed four hundred dollars.	20258

(4) A person who has entered into an agreement with the	20259
director under section 6111.14 of the Revised Code shall pay an	20260
administrative service fee for each plan submitted under that	20261
section for approval that shall not exceed the minimum amount	20262
necessary to pay administrative costs directly attributable to	20263
processing plan approvals. The director annually shall calculate	20264
the fee and shall notify all persons who have entered into	20265
agreements under that section, or who have applied for agreements,	20266
of the amount of the fee.	20267

(5)(a)(i) Not later than January 30, 2000 2002, and January	20268
30, 2001 2003, a person holding an NPDES discharge permit issued	20269
pursuant to Chapter 6111. of the Revised Code with an average	20270
daily discharge flow of five thousand gallons or more shall pay a	20271
nonrefundable annual discharge fee. Any person who fails to pay	20272
the fee at that time shall pay an additional amount that equals	20273
ten per cent of the required annual discharge fee.	20274

(ii) The billing year for the annual discharge fee	20275
established in division (L)(5)(a)(i) of this section shall consist	20276
of a twelve-month period beginning on the first day of January of	20277
the year preceding the date when the annual discharge fee is due.	20278
In the case of an existing source that permanently ceases to	20279
discharge during a billing year, the director shall reduce the	20280
annual discharge fee, including the surcharge applicable to	20281
certain industrial facilities pursuant to division (L)(5)(c) of	20282
this section, by one-twelfth for each full month during the	20283
billing year that the source was not discharging, but only if the	20284
person holding the NPDES discharge permit for the source notifies	20285
the director in writing, not later than the first day of October	20286
of the billing year, of the circumstances causing the cessation of	20287
discharge.	20288

(iii) The annual discharge fee established in division	20289
(L)(5)(a)(i) of this section, except for the surcharge applicable	20290
to certain industrial facilities pursuant to division (L)(5)(c) of	20291
this section, shall be based upon the average daily discharge flow	20292
in gallons per day calculated using first day of May through	20293
thirty-first day of October flow data for the period two years	20294
prior to the date on which the fee is due. In the case of NPDES	20295
discharge permits for new sources, the fee shall be calculated	20296
using the average daily design flow of the facility until actual	20297
average daily discharge flow values are available for the time	20298
period specified in division (L)(5)(a)(iii) of this section. The	20299
annual discharge fee may be prorated for a new source as described	20300
in division (L)(5)(a)(ii) of this section.	20301

(b) An NPDES permit holder that is a public discharger shall	20302
pay the fee specified in the following schedule:	20303

Public dischargers owning or operating two or more publicly	20318
owned treatment works serving the same political subdivision, as	20319
"treatment works" is defined in section 6111.01 of the Revised	20320
Code, and that serve exclusively political subdivisions having a	20321
population of fewer than one hundred thousand shall pay an annual	20322
discharge fee under division (L)(5)(b) of this section that is	20323
based on the combined average daily discharge flow of the	20324
treatment works.	20325

(C)(c) An NPDES permit holder that is an industrial	20326
discharger, other than a coal mining operator identified by P in	20327
the third character of the permittee's NPDES permit number, shall	20328
pay the fee specified in the following schedule:	20329

In addition to the fee specified in the above schedule, an	20343
NPDES permit holder that is an industrial discharger classified as	20344
a major discharger during all or part of the annual discharge fee	20345
billing year specified in division (L)(5)(a)(ii) of this section	20346
shall pay a nonrefundable annual surcharge of six thousand seven	20347
hundred fifty dollars not later than January 30, 2000, and a	20348
nonrefundable annual surcharge of seven thousand five hundred	20349
dollars not later than January 30, 2001 2002, and not later than	20350
January 30, 2003. Any person who fails to pay the surcharge at	20351
that time shall pay an additional amount that equals ten per cent	20352
of the amount of the surcharge.	20353

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	20354
section, a public discharger identified by I in the third	20355
character of the permittee's NPDES permit number and an industrial	20356
discharger identified by I, J, L, V, W, X, Y, or Z in the third	20357
character of the permittee's NPDES permit number shall pay a	20358
nonrefundable annual discharge fee of one hundred eighty dollars	20359
not later than January 30, 2000 2002, and not later than January	20360
30, 2001 2003. Any person who fails to pay the fee at that time	20361
shall pay an additional amount that equals ten per cent of the	20362
required fee.	20363

(6) Each person obtaining a national pollutant discharge	20364
elimination system general or individual permit for municipal	20365
storm water discharge shall pay a nonrefundable storm water	20366
discharge fee of one hundred dollars per square mile of area	20367
permitted. The fee shall not exceed ten thousand dollars and	20368
shall be payable on or before January 30, 2004, and the thirtieth	20369
day of January of each year thereafter. Any person who fails to	20370
pay the fee on the date specified in division (L)(6) of this	20371
section shall pay an additional amount per year equal to ten per	20372
cent of the annual fee that is unpaid.	20373

(7) The director shall transmit all moneys collected under	20374
division (L) of this section to the treasurer of state for deposit	20375
into the state treasury to the credit of the surface water	20376
protection fund created in section 6111.038 of the Revised Code.	20377

(7)(8) As used in division (L) of this section:

20378

(a) "NPDES" means the federally approved national pollutant	20379
discharge elimination system program for issuing, modifying,	20380
revoking, reissuing, terminating, monitoring, and enforcing	20381
permits and imposing and enforcing pretreatment requirements under	20382
Chapter 6111. of the Revised Code and rules adopted under it.	20383

(b) "Public discharger" means any holder of an NPDES permit	20384
identified by P in the second character of the NPDES permit number	20385
assigned by the director.	20386

(c) "Industrial discharger" means any holder of an NPDES	20387
permit identified by I in the second character of the NPDES permit	20388
number assigned by the director.	20389

(d) "Major discharger" means any holder of an NPDES permit	20390
classified as major by the regional administrator of the United	20391
States environmental protection agency in conjunction with the	20392
director.	20393

(M) Through June 30, 2002 2004, a person applying for a	20394
license or license renewal to operate a public water system under	20395
section 6109.21 of the Revised Code shall pay the appropriate fee	20396
established under this division at the time of application to the	20397
director. Any person who fails to pay the fee at that time shall	20398
pay an additional amount that equals ten per cent of the required	20399
fee. The director shall transmit all moneys collected under this	20400
division to the treasurer of state for deposit into the drinking	20401
water protection fund created in section 6109.30 of the Revised	20402
Code.	20403

Fees required under this division shall be calculated and	20404
paid in accordance with the following schedule:	20405

(1) For the initial license required under division (A)(1)	20406
of section 6109.21 of the Revised Code for any public water system	20407
that is a community water system as defined in section 6109.01 of	20408
the Revised Code, and for each license renewal required for such a	20409
system prior to January 31, 2002 2004, the fee is:	20410

A public water system may determine how it will pay the total	20426
amount of the fee calculated under division (M)(1) of this	20427
section, including the assessment of additional user fees that may	20428
be assessed on a volumetric basis.	20429

As used in division (M)(1) of this section, "service	20430
connection" means the number of active or inactive pipes,	20431
goosenecks, pigtails, and any other fittings connecting a water	20432
main to any building outlet.	20433

(2) For the initial license required under division (A)(2)	20434
of section 6109.21 of the Revised Code for any public water system	20435
that is not a community water system and serves a nontransient	20436
population, and for each license renewal required for such a	20437
system prior to January 31, 2002 2004, the fee is:	20438

As used in division (M)(2) of this section, "population	20450
served" means the total number of individuals receiving water from	20451
the water supply during a twenty-four-hour period for at least	20452
sixty days during any calendar year. In the absence of a specific	20453
population count, that number shall be calculated at the rate of	20454
three individuals per service connection.	20455

(3) For the initial license required under division (A)(3)	20456
of section 6109.21 of the Revised Code for any public water system	20457
that is not a community water system and serves a transient	20458
population, and for each license renewal required for such a	20459
system prior to January 31, 2002 2004, the fee is:	20460

As used in division (M)(3) of this section, "number of wells	20469
supplying system" means those wells that are physically connected	20470
to the plumbing system serving the public water system.	20471

(N)(1) A person applying for a plan approval for a public	20472
water supply system under section 6109.07 of the Revised Code	20473
shall pay a fee of one hundred dollars plus two-tenths of one per	20474
cent of the estimated project cost, except that the total fee	20475
shall not exceed fifteen thousand dollars through June 30, 2002	20476
2004, and five thousand dollars on and after July 1, 2002 2004.	20477
The fee shall be paid at the time the application is submitted.	20478

(2) A person who has entered into an agreement with the	20479
director under division (A)(2) of section 6109.07 of the Revised	20480
Code shall pay an administrative service fee for each plan	20481
submitted under that section for approval that shall not exceed	20482
the minimum amount necessary to pay administrative costs directly	20483
attributable to processing plan approvals. The director annually	20484
shall calculate the fee and shall notify all persons that have	20485
entered into agreements under that division, or who have applied	20486
for agreements, of the amount of the fee.	20487

(3) Through June 30, 2002 2004, the following fee, on a per	20488
survey basis, shall be charged any person for services rendered by	20489
the state in the evaluation of laboratories and laboratory	20490
personnel for compliance with accepted analytical techniques and	20491
procedures established pursuant to Chapter 6109. of the Revised	20492
Code for determining the qualitative characteristics of water:	20493

On and after July 1, 2002 2004, the following fee, on a per	20499
survey basis, shall be charged any such person:	20500

The fee for those services shall be paid at the time the request	20504
for the survey is made. Through June 30, 2002 2004, an individual	20505
laboratory shall not be assessed a fee under this division more	20506
than once in any three-year period.	20507

The director shall transmit all moneys collected under this	20508
division to the treasurer of state for deposit into the drinking	20509
water protection fund created in section 6109.30 of the Revised	20510
Code.	20511

(O) Any person applying to the director for examination for	20512
certification as an operator of a water supply system or	20513
wastewater system under Chapter 6109. or 6111. of the Revised	20514
Code, at the time the application is submitted, shall pay an	20515
application fee of twenty-five dollars through June 30, 2002 2004,	20516
and ten dollars on and after July 1, 2002 2004. Upon approval	20517
from the director that the applicant is eligible to take the	20518
examination therefor, the applicant shall pay a fee in accordance	20519
with the following schedule through June 30, 2002 2004:	20520

On and after July 1, 2002 2004, the applicant shall pay a fee	20525
in accordance with the following schedule:	20526

The director shall transmit all moneys collected under this	20531
division to the treasurer of state for deposit into the drinking	20532
water protection fund created in section 6109.30 of the Revised	20533
Code.	20534

(P) Through June 30, 2002 2004, any person submitting an	20535
application for an industrial water pollution control certificate	20536
under section 6111.31 of the Revised Code shall pay a	20537
nonrefundable fee of five hundred dollars at the time the	20538
application is submitted. The director shall transmit all moneys	20539
collected under this division to the treasurer of state for	20540
deposit into the surface water protection fund created in section	20541
6111.038 of the Revised Code. A person paying a certificate fee	20542
under this division shall not pay an application fee under	20543
division (S)(1) of this section.	20544

(Q) Except as otherwise provided in division (R) of this	20545
section, a person issued a permit by the director for a new solid	20546
waste disposal facility other than an incineration or composting	20547
facility, a new infectious waste treatment facility other than an	20548
incineration facility, or a modification of such an existing	20549
facility that includes an increase in the total disposal or	20550
treatment capacity of the facility pursuant to Chapter 3734. of	20551
the Revised Code shall pay a fee of ten dollars per thousand cubic	20552
yards of disposal or treatment capacity, or one thousand dollars,	20553
whichever is greater, except that the total fee for any such	20554
permit shall not exceed eighty thousand dollars. A person issued	20555
a modification of a permit for a solid waste disposal facility or	20556
an infectious waste treatment facility that does not involve an	20557
increase in the total disposal or treatment capacity of the	20558
facility shall pay a fee of one thousand dollars. A person issued	20559
a permit to install a new, or modify an existing, solid waste	20560
transfer facility under that chapter shall pay a fee of two	20561
thousand five hundred dollars. A person issued a permit to	20562
install a new or to modify an existing solid waste incineration or	20563
composting facility, or an existing infectious waste treatment	20564
facility using incineration as its principal method of treatment,	20565
under that chapter shall pay a fee of one thousand dollars. The	20566
increases in the permit fees under this division resulting from	20567
the amendments made by Amended Substitute House Bill 592 of the	20568
117th general assembly do not apply to any person who submitted an	20569
application for a permit to install a new, or modify an existing,	20570
solid waste disposal facility under that chapter prior to	20571
September 1, 1987; any such person shall pay the permit fee	20572
established in this division as it existed prior to June 24, 1988.	20573
In addition to the applicable permit fee under this division, a	20574
person issued a permit to install or modify a solid waste facility	20575
or an infectious waste treatment facility under that chapter who	20576
fails to pay the permit fee to the director in compliance with	20577
division (V) of this section shall pay an additional ten per cent	20578
of the amount of the fee for each week that the permit fee is	20579
late.	20580

Permit and late payment fees paid to the director under this	20581
division shall be credited to the general revenue fund.	20582

(R)(1) A person issued a registration certificate for a	20583
scrap tire collection facility under section 3734.75 of the	20584
Revised Code shall pay a fee of two hundred dollars, except that	20585
if the facility is owned or operated by a motor vehicle salvage	20586
dealer licensed under Chapter 4738. of the Revised Code, the	20587
person shall pay a fee of twenty-five dollars.	20588

(2) A person issued a registration certificate for a new	20589
scrap tire storage facility under section 3734.76 of the Revised	20590
Code shall pay a fee of three hundred dollars, except that if the	20591
facility is owned or operated by a motor vehicle salvage dealer	20592
licensed under Chapter 4738. of the Revised Code, the person shall	20593
pay a fee of twenty-five dollars.	20594

(3) A person issued a permit for a scrap tire storage	20595
facility under section 3734.76 of the Revised Code shall pay a fee	20596
of one thousand dollars, except that if the facility is owned or	20597
operated by a motor vehicle salvage dealer licensed under Chapter	20598
4738. of the Revised Code, the person shall pay a fee of fifty	20599
dollars.	20600

(4) A person issued a permit for a scrap tire monocell or	20601
monofill facility under section 3734.77 of the Revised Code shall	20602
pay a fee of ten dollars per thousand cubic yards of disposal	20603
capacity or one thousand dollars, whichever is greater, except	20604
that the total fee for any such permit shall not exceed eighty	20605
thousand dollars.	20606

(5) A person issued a registration certificate for a scrap	20607
tire recovery facility under section 3734.78 of the Revised Code	20608
shall pay a fee of one hundred dollars.	20609

(6) A person issued a permit for a scrap tire recovery	20610
facility under section 3734.78 of the Revised Code shall pay a fee	20611
of one thousand dollars.	20612

(7) In addition to the applicable registration certificate	20613
or permit fee under divisions (R)(1) to (6) of this section, a	20614
person issued a registration certificate or permit for any such	20615
scrap tire facility who fails to pay the registration certificate	20616
or permit fee to the director in compliance with division (V) of	20617
this section shall pay an additional ten per cent of the amount of	20618
the fee for each week that the fee is late.	20619

(8) The registration certificate, permit, and late payment	20620
fees paid to the director under divisions (R)(1) to (7) of this	20621
section shall be credited to the scrap tire management fund	20622
created in section 3734.82 of the Revised Code.	20623

(S)(1) Except as provided by divisions (L), (M), (N), (O),	20624
(P), and (S)(2) of this section, division (A)(2) of section	20625
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	20626
and rules adopted under division (T)(1) of this section, any	20627
person applying for a registration certificate under section	20628
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	20629
variance, or plan approval under Chapter 3734. of the Revised Code	20630
shall pay a nonrefundable fee of fifteen dollars at the time the	20631
application is submitted.	20632

Except as otherwise provided, any person applying for a	20633
permit, variance, or plan approval under Chapter 6109. or 6111. of	20634
the Revised Code shall pay a nonrefundable fee of one hundred	20635
dollars at the time the application is submitted through June 30,	20636
2002 2004, and a nonrefundable fee of fifteen dollars at the time	20637
the application is submitted on and after July 1, 2002 2004.	20638
Through June 30, 2002 2004, any person applying for a national	20639
pollutant discharge elimination system permit under Chapter 6111.	20640
of the Revised Code shall pay a nonrefundable fee of two hundred	20641
dollars at the time of application for the permit. On and after	20642
July 1, 2002 2004, such a person shall pay a nonrefundable fee of	20643
fifteen dollars at the time of application.	20644

In addition to the application fee established under division	20645
(S)(1) of this section, any person applying for a national	20646
pollutant discharge elimination system general storm water	20647
construction permit shall pay a nonrefundable fee of twenty	20648
dollars per acre for each acre that is permitted above five acres	20649
at the time the application is submitted. However, the per	20650
acreage fee shall not exceed three hundred dollars. In addition,	20651
any person applying for a national pollutant discharge elimination	20652
system general storm water industrial permit shall pay a	20653
nonrefundable fee of one hundred fifty dollars at the time the	20654
application is submitted.	20655

The director shall transmit all moneys collected under	20656
division (S)(1) of this section pursuant to Chapter 6109. of the	20657
Revised Code to the treasurer of state for deposit into the	20658
drinking water protection fund created in section 6109.30 of the	20659
Revised Code.	20660

The director shall transmit all moneys collected under	20661
division (S)(1) of this section pursuant to Chapter 6111. of the	20662
Revised Code to the treasurer of state for deposit into the	20663
surface water protection fund created in section 6111.038 of the	20664
Revised Code.	20665

If a registration certificate is issued under section	20666
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	20667
the application fee paid shall be deducted from the amount of the	20668
registration certificate fee due under division (R)(1), (2), or	20669
(5) of this section, as applicable.	20670

(2) Division (S)(1) of this section does not apply to an	20671
application for a registration certificate for a scrap tire	20672
collection or storage facility submitted under section 3734.75 or	20673
3734.76 of the Revised Code, as applicable, if the owner or	20674
operator of the facility or proposed facility is a motor vehicle	20675
salvage dealer licensed under Chapter 4738. of the Revised Code.	20676

(T) The director may adopt, amend, and rescind rules in	20677
accordance with Chapter 119. of the Revised Code that do all of	20678
the following:	20679

(1) Prescribe fees to be paid by applicants for and holders	20680
of any license, permit, variance, plan approval, or certification	20681
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	20682
the Revised Code that are not specifically established in this	20683
section. The fees shall be designed to defray the cost of	20684
processing, issuing, revoking, modifying, denying, and enforcing	20685
the licenses, permits, variances, plan approvals, and	20686
certifications.	20687

The director shall transmit all moneys collected under rules	20688
adopted under division (T)(1) of this section pursuant to Chapter	20689
6109. of the Revised Code to the treasurer of state for deposit	20690
into the drinking water protection fund created in section 6109.30	20691
of the Revised Code.	20692

The director shall transmit all moneys collected under rules	20693
adopted under division (T)(1) of this section pursuant to Chapter	20694
6111. of the Revised Code to the treasurer of state for deposit	20695
into the surface water protection fund created in section 6111.038	20696
of the Revised Code.	20697

(2) Exempt the state and political subdivisions thereof,	20698
including education facilities or medical facilities owned by the	20699
state or a political subdivision, or any person exempted from	20700
taxation by section 5709.07 or 5709.12 of the Revised Code, from	20701
any fee required by this section;	20702

(3) Provide for the waiver of any fee, or any part thereof,	20703
otherwise required by this section whenever the director	20704
determines that the imposition of the fee would constitute an	20705
unreasonable cost of doing business for any applicant, class of	20706
applicants, or other person subject to the fee;	20707

(4) Prescribe measures that the director considers necessary	20708
to carry out this section.	20709

(U) When the director reasonably demonstrates that the	20710
direct cost to the state associated with the issuance of a permit	20711
to install, license, variance, plan approval, or certification	20712
exceeds the fee for the issuance or review specified by this	20713
section, the director may condition the issuance or review on the	20714
payment by the person receiving the issuance or review of, in	20715
addition to the fee specified by this section, the amount, or any	20716
portion thereof, in excess of the fee specified under this	20717
section. The director shall not so condition issuances for which	20718
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	20719
section.	20720

(V) Except as provided in divisions (L), (M), and (P) of	20721
this section or unless otherwise prescribed by a rule of the	20722
director adopted pursuant to Chapter 119. of the Revised Code, all	20723
fees required by this section are payable within thirty days after	20724
the issuance of an invoice for the fee by the director or the	20725
effective date of the issuance of the license, permit, variance,	20726
plan approval, or certification. If payment is late, the person	20727
responsible for payment of the fee shall pay an additional ten per	20728
cent of the amount due for each month that it is late.	20729

(W) As used in this section, "fuel-burning equipment,"	20730
"fuel-burning equipment input capacity," "incinerator,"	20731
"incinerator input capacity," "process," "process weight rate,"	20732
"storage tank," "gasoline dispensing facility," "dry cleaning	20733
facility," "design flow discharge," and "new source treatment	20734
works" have the meanings ascribed to those terms by applicable	20735
rules or standards adopted by the director under Chapter 3704. or	20736
6111. of the Revised Code.	20737

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	20738
and (J) of this section, and in any other provision of this	20739
section pertaining to fees paid pursuant to Chapter 3704. of the	20740
Revised Code:	20741

(1) "Facility," "federal Clean Air Act," "person," and "Title	20742
V permit" have the same meanings as in section 3704.01 of the	20743
Revised Code.	20744

(2) "Title V permit program" means the following activities	20745
as necessary to meet the requirements of Title V of the federal	20746
Clean Air Act and 40 C.F.R. part 70, including at least:	20747

(a) Preparing and adopting, if applicable, generally	20748
applicable rules or guidance regarding the permit program or its	20749
implementation or enforcement;	20750

(b) Reviewing and acting on any application for a Title V	20751
permit, permit revision, or permit renewal, including the	20752
development of an applicable requirement as part of the processing	20753
of a permit, permit revision, or permit renewal;	20754

(c) Administering the permit program, including the	20755
supporting and tracking of permit applications, compliance	20756
certification, and related data entry;	20757

(d) Determining which sources are subject to the program and	20758
implementing and enforcing the terms of any Title V permit, not	20759
including any court actions or other formal enforcement actions;	20760

(e) Emission and ambient monitoring;

20761

(f) Modeling, analyses, or demonstrations;

20762

(g) Preparing inventories and tracking emissions;

20763

(h) Providing direct and indirect support to small business	20764
stationary sources to determine and meet their obligations under	20765
the federal Clean Air Act pursuant to the small business	20766
stationary source technical and environmental compliance	20767
assistance program required by section 507 of that act and	20768
established in sections 3704.18, 3704.19, and 3706.19 of the	20769
Revised Code.	20770

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	20771
of this section, each sewage sludge facility shall pay a	20772
nonrefundable annual sludge fee equal to three dollars and fifty	20773
cents per dry ton of sewage sludge, including the dry tons of	20774
sewage sludge in materials derived from sewage sludge, that the	20775
sewage sludge facility treats or disposes of in this state. The	20776
annual volume of sewage sludge treated or disposed of by a sewage	20777
sludge facility shall be calculated using the first day of January	20778
through the thirty-first day of December of the calendar year	20779
preceding the date on which payment of the fee is due.	20780

(2)(a) Except as provided in division (Y)(2)(d) of this	20781
section, each sewage sludge facility shall pay a minimum annual	20782
sewage sludge fee of one hundred dollars.	20783

(b) The annual sludge fee required to be paid by a sewage	20784
sludge facility that treats or disposes of exceptional quality	20785
sludge in this state shall be thirty-five per cent less per dry	20786
ton of exceptional quality sludge than the fee assessed under	20787
division (Y)(1) of this section, subject to the following	20788
exceptions:	20789

(i) Except as provided in division (Y)(2)(d) of this	20790
section, a sewage sludge facility that treats or disposes of	20791
exceptional quality sludge shall pay a minimum annual sewage	20792
sludge fee of one hundred dollars.	20793

(ii) A sewage sludge facility that treats or disposes of	20794
exceptional quality sludge shall not be required to pay the annual	20795
sludge fee for treatment or disposal in this state of exceptional	20796
quality sludge generated outside of this state and contained in	20797
bags or other containers not greater than one hundred pounds in	20798
capacity.	20799

A thirty-five per cent reduction for exceptional quality	20800
sludge applies to the maximum annual fees established under	20801
division (Y)(3) of this section.	20802

(c) A sewage sludge facility that transfers sewage sludge to	20803
another sewage sludge facility in this state for further treatment	20804
prior to disposal in this state shall not be required to pay the	20805
annual sludge fee for the tons of sewage sludge that have been	20806
transferred. In such a case, the sewage sludge facility that	20807
disposes of the sewage sludge shall pay the annual sludge fee.	20808
However, the facility transferring the sewage sludge shall pay the	20809
one-hundred-dollar minimum fee required under division (Y)(2)(a)	20810
of this section.	20811

In the case of a sewage sludge facility that treats sewage	20812
sludge in this state and transfers it out of this state to another	20813
entity for disposal, the sewage sludge facility in this state	20814
shall be required to pay the annual sludge fee for the tons of	20815
sewage sludge that have been transferred.	20816

(d) A sewage sludge facility that generates sewage sludge	20817
resulting from an average daily discharge flow of less than five	20818
thousand gallons per day is not subject to the fees assessed under	20819
division (Y) of this section.	20820

(3) No sewage sludge facility required to pay the annual	20821
sludge fee shall be required to pay more than the maximum annual	20822
fee for each disposal method that the sewage sludge facility uses.	20823
The maximum annual fee does not include the additional amount that	20824
may be charged under division (Y)(5) of this section for late	20825
payment of the annual sludge fee. The maximum annual fee for the	20826
following methods of disposal of sewage sludge is as follows:	20827

(a) Incineration: five thousand dollars;

20828

(b) Preexisting land reclamation project or disposal in a	20829
landfill: five thousand dollars;	20830

(c) Land application, land reclamation, surface disposal, or	20831
any other disposal method not specified in division (Y)(3)(a) or	20832
(b) of this section: twenty thousand dollars.	20833

(4)(a) In the case of an entity that generates sewage sludge	20834
or a sewage sludge facility that treats sewage sludge and	20835
transfers the sewage sludge to an incineration facility for	20836
disposal, the incineration facility, and not the entity generating	20837
the sewage sludge or the sewage sludge facility treating the	20838
sewage sludge, shall pay the annual sludge fee for the tons of	20839
sewage sludge that are transferred. However, the entity or	20840
facility generating or treating the sewage sludge shall pay the	20841
one-hundred-dollar minimum fee required under division (Y)(2)(a)	20842
of this section.	20843

(b) In the case of an entity that generates sewage sludge	20844
and transfers the sewage sludge to a landfill for disposal or to a	20845
sewage sludge facility for land reclamation or surface disposal,	20846
the entity generating the sewage sludge, and not the landfill or	20847
sewage sludge facility, shall pay the annual sludge fee for the	20848
tons of sewage sludge that are transferred.	20849

(5) Not later than the first day of April of the calendar	20850
year following the effective date of this amendment March 17,	20851
2000, and each first day of April thereafter, the director shall	20852
issue invoices to persons who are required to pay the annual	20853
sludge fee. The invoice shall identify the nature and amount of	20854
the annual sludge fee assessed and state the first day of May as	20855
the deadline for receipt by the director of objections regarding	20856
the amount of the fee and the first day of July as the deadline	20857
for payment of the fee.	20858

Not later than the first day of May following receipt of an	20859
invoice, a person required to pay the annual sludge fee may submit	20860
objections to the director concerning the accuracy of information	20861
regarding the number of dry tons of sewage sludge used to	20862
calculate the amount of the annual sludge fee or regarding whether	20863
the sewage sludge qualifies for the exceptional quality sludge	20864
discount established in division (Y)(2)(b) of this section. The	20865
director may consider the objections and adjust the amount of the	20866
fee to ensure that it is accurate.	20867

If the director does not adjust the amount of the annual	20868
sludge fee in response to a person's objections, the person may	20869
appeal the director's determination in accordance with Chapter	20870
119. of the Revised Code.	20871

Not later than the first day of June, the director shall	20872
notify the objecting person regarding whether the director has	20873
found the objections to be valid and the reasons for the finding.	20874
If the director finds the objections to be valid and adjusts the	20875
amount of the annual sludge fee accordingly, the director shall	20876
issue with the notification a new invoice to the person	20877
identifying the amount of the annual sludge fee assessed and	20878
stating the first day of July as the deadline for payment.	20879

Not later than the first day of July, any person who is	20880
required to do so shall pay the annual sludge fee. Any person who	20881
is required to pay the fee, but who fails to do so on or before	20882
that date shall pay an additional amount that equals ten per cent	20883
of the required annual sludge fee.	20884

(6) The director shall transmit all moneys collected under	20885
division (Y) of this section to the treasurer of state for deposit	20886
into the surface water protection fund created in section 6111.038	20887
of the Revised Code. The moneys shall be used to defray the costs	20888
of administering and enforcing provisions in Chapter 6111. of the	20889
Revised Code and rules adopted under it that govern the use,	20890
storage, treatment, or disposal of sewage sludge.	20891

(7) Beginning in fiscal year 2001, and every two years	20892
thereafter, the director shall review the total amount of moneys	20893
generated by the annual sludge fees to determine if that amount	20894
exceeds exceeded six hundred thousand dollars in either of the two	20895
preceding fiscal years. If the total amount of moneys in the fund	20896
exceeded six hundred thousand dollars in either fiscal year, the	20897
director, after review of the fee structure and consultation with	20898
affected persons, shall issue an order reducing the amount of the	20899
fees levied under division (Y) of this section so that the	20900
estimated amount of moneys resulting from the fees will not exceed	20901
six hundred thousand dollars in any fiscal year.	20902

If, upon review of the fees under division (Y)(7) of this	20903
section and after the fees have been reduced, the director	20904
determines that the total amount of moneys collected and	20905
accumulated is less than six hundred thousand dollars, the	20906
director, after review of the fee structure and consultation with	20907
affected persons, may issue an order increasing the amount of the	20908
fees levied under division (Y) of this section so that the	20909
estimated amount of moneys resulting from the fees will be	20910
approximately six hundred thousand dollars. Fees shall never be	20911
increased to an amount exceeding the amount specified in division	20912
(Y)(7) of this section.	20913

Notwithstanding section 119.06 of the Revised Code, the	20914
director may issue an order under division (Y)(7) of this section	20915
without the necessity to hold an adjudicatory hearing in	20916
connection with the order. The issuance of an order under this	20917
division is not an act or action for purposes of section 3745.04	20918
of the Revised Code.	20919

(8) As used in division (Y) of this section:

20920

(a) "Sewage sludge facility" means an entity that performs	20921
treatment on or is responsible for the disposal of sewage sludge.	20922

(b) "Sewage sludge" means a solid, semi-solid, or liquid	20923
residue generated during the treatment of domestic sewage in a	20924
treatment works as defined in section 6111.01 of the Revised Code.	20925
"Sewage sludge" includes, but is not limited to, scum or solids	20926
removed in primary, secondary, or advanced wastewater treatment	20927
processes. "Sewage sludge" does not include ash generated during	20928
the firing of sewage sludge in a sewage sludge incinerator, grit	20929
and screenings generated during preliminary treatment of domestic	20930
sewage in a treatment works, animal manure, residue generated	20931
during treatment of animal manure, or domestic septage.	20932

(c) "Exceptional quality sludge" means sewage sludge that	20933
meets all of the following qualifications:	20934

(i) Satisfies the class A pathogen standards in 40 C.F.R.	20935
503.32(a);	20936

(ii) Satisfies one of the vector attraction reduction	20937
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	20938

(iii) Does not exceed the ceiling concentration limitations	20939
for metals listed in table one of 40 C.F.R. 503.13;	20940

(iv) Does not exceed the concentration limitations for	20941
metals listed in table three of 40 C.F.R. 503.13.	20942

(d) "Treatment" means the preparation of sewage sludge for	20943
final use or disposal and includes, but is not limited to,	20944
thickening, stabilization, and dewatering of sewage sludge.	20945

(e) "Disposal" means the final use of sewage sludge,	20946
including, but not limited to, land application, land reclamation,	20947
surface disposal, or disposal in a landfill or an incinerator.	20948

(f) "Land application" means the spraying or spreading of	20949
sewage sludge onto the land surface, the injection of sewage	20950
sludge below the land surface, or the incorporation of sewage	20951
sludge into the soil for the purposes of conditioning the soil or	20952
fertilizing crops or vegetation grown in the soil.	20953

(g) "Land reclamation" means the returning of disturbed land	20954
to productive use.	20955

(h) "Surface disposal" means the placement of sludge on an	20956
area of land for disposal, including, but not limited to,	20957
monofills, surface impoundments, lagoons, waste piles, or	20958
dedicated disposal sites.	20959

(i) "Incinerator" means an entity that disposes of sewage	20960
sludge through the combustion of organic matter and inorganic	20961
matter in sewage sludge by high temperatures in an enclosed	20962
device.	20963

(j) "Incineration facility" includes all incinerators owned	20964
or operated by the same entity and located on a contiguous tract	20965
of land. Areas of land are considered to be contiguous even if	20966
they are separated by a public road or highway.	20967

(k) "Annual sludge fee" means the fee assessed under division	20968
(Y)(1) of this section.	20969

(l) "Landfill" means a sanitary landfill facility, as defined	20970
in rules adopted under section 3734.02 of the Revised Code, that	20971
is licensed under section 3734.05 of the Revised Code.	20972

(m) "Preexisting land reclamation project" means a	20973
property-specific land reclamation project that has been in	20974
continuous operation for not less than five years pursuant to	20975
approval of the activity by the director and includes the	20976
implementation of a community outreach program concerning the	20977
activity.	20978

Sec. 3745.15.  Notwithstanding any provision of Chapter	20979
3704., 3734., 3746., or 6111. of the Revised Code to the contrary,	20980
not later than ninety days after receipt of an application for a	20981
permit under any of those chapters, the director of environmental	20982
protection shall either issue or deny the permit. The director	20983
shall send written notification to the applicant of the issuance	20984
or denial. If the director fails to issue or deny the permit by	20985
the end of the ninety-day period, the application is deemed	20986
approved, and the director shall issue the permit. The director	20987
shall send written notification to the applicant of the issuance.	20988

Sec. 3745.22.  (A) As used in this section, "eligible	20989
institution of higher education" means any of the state	20990
universities listed in section 3345.011 of the Revised Code, or a	20991
community college, technical college, university branch, state	20992
community college, or an institution that is nonprofit and holds a	20993
certificate of authorization issued under section 1713.02 of the	20994
Revised Code.	20995

(B) There is hereby created in the state treasury the	20996
environmental education fund consisting of moneys credited to the	20997
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code	20998
and any gifts, grants, or contributions received by the director	20999
of environmental protection for the purposes of the fund. The	21000
fund shall be administered by the director with the advice and	21001
assistance of the environmental education council created in	21002
section 3745.21 of the Revised Code. Moneys in the fund shall be	21003
used exclusively to develop, implement, and administer a program	21004
to enhance public awareness and the objective understanding within	21005
this state of issues affecting environmental quality. Toward that	21006
end, moneys in the fund may be used for purposes that include,	21007
without limitation, developing elementary and secondary school and	21008
collegiate curricula on environmental issues; providing training	21009
for this state's elementary and secondary school teachers on	21010
environmental issues; providing educational seminars for concerned	21011
members of the public regarding the scientific and technical	21012
aspects of environmental issues; providing educational seminars	21013
regarding pollution prevention and waste minimization for persons	21014
regulated by the environmental protection agency; providing	21015
educational seminars for persons regulated by the environmental	21016
protection agency, including, without limitation, small	21017
businesses, regarding the regulatory requirements of the agency	21018
and the means of achieving and maintaining compliance with them;	21019
and providing one or more scholarships in environmental sciences	21020
or environmental engineering at one or more state colleges or	21021
universities, as "state college or university" is defined in	21022
section 3345.27 of the Revised Code for students enrolled at an	21023
eligible institution of higher education.	21024

The director may expend not more than one million five	21025
hundred thousand dollars of the moneys credited to the	21026
environmental education fund under sections 3704.06 and 6111.09 of	21027
the Revised Code in any fiscal year for the purposes specified in	21028
this division. The director may request authority from the	21029
controlling board to expend any moneys credited to that fund in	21030
any fiscal year in excess of that amount.	21031

(B)(C) Not later than the first day of April each year, the	21032
director, with the advice and assistance of the council, shall	21033
prepare and submit to the governor, the president of the senate,	21034
and the speaker of the house of representatives an environmental	21035
education agenda that describes the proposed uses of the	21036
environmental education fund during the following fiscal year.	21037
Prior to submitting the agenda the director, in conjunction with	21038
the council, shall hold a public hearing in Franklin county to	21039
receive comments on the agenda. After the public hearing and	21040
before submitting the agenda to the governor, the president, and	21041
the speaker, the director, with the advice and assistance of the	21042
council, may make any modifications to the agenda that the	21043
director considers appropriate based upon the comments received at	21044
the public hearing.	21045

(C)(D) Not later than the first day of September each year,	21046
the director, with the advice and assistance of the council, shall	21047
prepare and submit to the governor, the president of the senate,	21048
and the speaker of the house of representatives a report on the	21049
revenues credited to and expenditures from the environmental	21050
education fund during the immediately preceding fiscal year.	21051

Sec. 3750.02.  (A) There is hereby created the emergency	21052
response commission consisting of the directors of environmental	21053
protection and health, the chairpersons of the public utilities	21054
commission, and industrial commission, and state and local	21055
government commission, the fire marshal, the director of public	21056
safety, the director of job and family services, and the attorney	21057
general as members ex officio, or their designees; notwithstanding	21058
section 101.26 of the Revised Code, the chairpersons of the	21059
respective standing committees of the senate and house of	21060
representatives that are primarily responsible for considering	21061
environmental issues who may participate fully in all the	21062
commission's deliberations and activities, except that they shall	21063
serve as nonvoting members; and ten members to be appointed by the	21064
governor with the advice and consent of the senate. The appointed	21065
members, to the extent practicable, shall have technical expertise	21066
in the field of emergency response. Of the appointed members, two	21067
shall represent environmental advocacy organizations, one shall	21068
represent the interests of petroleum refiners or marketers or	21069
chemical manufacturers, one shall represent the interests of	21070
another industry subject to this chapter, one shall represent the	21071
interests of municipal corporations, one shall represent the	21072
interests of counties, one shall represent the interests of chiefs	21073
of fire departments, one shall represent the interests of	21074
professional firefighters, one shall represent the interests of	21075
volunteer firefighters, and one shall represent the interests of	21076
local emergency management agencies.	21077

An appointed member of the commission also may serve as a	21078
member of the local emergency planning committee of an emergency	21079
planning district. An appointed member of the commission who is	21080
also a member of a local emergency planning committee shall not	21081
participate as a member of the commission in the appointment of	21082
members of the local emergency planning committee of which the	21083
member is a member, in the review of the chemical emergency	21084
response and preparedness plan submitted by the local emergency	21085
planning committee of which the member is a member, in any vote to	21086
approve a grant to the member's district, or in any vote of the	21087
commission on any motion or resolution pertaining specifically to	21088
the member's district or the local emergency planning committee on	21089
which the member serves. A commission member who is also a member	21090
of a local emergency planning committee shall not lobby or	21091
otherwise act as an advocate for the member's district to other	21092
members of the commission to obtain from the commission anything	21093
of value for the member's district or the local emergency planning	21094
committee of which the member is a member. A member of the	21095
commission who is also a member of a local emergency planning	21096
committee may vote on resolutions of the commission that apply	21097
uniformly to all local emergency planning committees and districts	21098
in the state and do not provide a grant or other pecuniary benefit	21099
to the member's district or the committee of which the member is a	21100
member.	21101

The governor shall make the initial appointments to the	21102
commission within thirty days after December 14, 1988. Of the	21103
initial appointments to the commission, five shall be for a term	21104
of two years and five shall be for a term of one year. Thereafter,	21105
terms of office of the appointed members of the commission shall	21106
be for two years, with each term ending on the same day of the	21107
same month as did the term that it succeeds. Each member shall	21108
hold office from the date of appointment until the end of the term	21109
for which the member was appointed. Members may be reappointed.	21110
Vacancies shall be filled in the manner provided for original	21111
appointments. Any member appointed to fill a vacancy occurring	21112
prior to the expiration of the term for which the member's	21113
predecessor was appointed shall hold office for the remainder of	21114
that term. A member shall continue in office subsequent to the	21115
expiration date of the member's term until the member's successor	21116
takes office or until a period of sixty days has elapsed,	21117
whichever occurs first. The commission may at any time by a vote	21118
of two-thirds of all the members remove any appointed member of	21119
the commission for misfeasance, nonfeasance, or malfeasance.	21120
Members of the commission shall serve without compensation, but	21121
shall be reimbursed for the reasonable expenses incurred by them	21122
in the discharge of their duties as members of the commission.	21123

The commission shall meet at least annually and shall hold	21124
such additional meetings as are necessary to implement and	21125
administer this chapter. Additional meetings may be held at the	21126
behest of either a co-chairperson or a majority of the members.	21127
The commission shall, by adoption of internal management rules	21128
under division (B)(9) of this section, establish an executive	21129
committee and delegate to it the performance of such of the	21130
commission's duties and powers under this chapter as are required	21131
or authorized to be so delegated by that division. The commission	21132
may organize itself into such additional committees as it	21133
considers necessary or convenient to implement and administer this	21134
chapter. The director of environmental protection and the	21135
director of public safety or their designees shall serve as	21136
co-chairpersons of the commission and the executive committee.	21137
Except as otherwise provided in this chapter, a majority of the	21138
voting members of the commission constitutes a quorum and the	21139
affirmative vote of a majority of the voting members of the	21140
commission is necessary for any action taken by the commission.	21141
Meetings of the executive committee conducted for the purpose of	21142
determining whether to issue an enforcement order or request that	21143
a civil action, civil penalty action, or criminal action be	21144
brought to enforce this chapter or rules adopted or orders issued	21145
under it are not subject to section 121.22 of the Revised Code	21146
pursuant to division (D) of that section.	21147

Except for the purposes of Chapters 102. and 2921. and	21148
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving	21149
as an appointed member of the commission does not constitute	21150
holding a public office or position of employment under the laws	21151
of this state and does not constitute grounds for removal of	21152
public officers or employees from their offices or positions of	21153
employment.	21154

(B) The commission shall:

21155

(1) Adopt rules in accordance with Chapter 119. of the	21156
Revised Code that are consistent with and equivalent in scope,	21157
content, and coverage to the "Emergency Planning and Community	21158
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	21159
applicable regulations adopted under it:	21160

(a) Identifying or listing extremely hazardous substances	21161
and establishing a threshold planning quantity for each such	21162
substance. To the extent consistent with that act and applicable	21163
regulations adopted under it, the rules may establish threshold	21164
planning quantities based upon classes of those substances or	21165
categories of facilities at which such substances are present.	21166

(b) Listing hazardous chemicals, establishing threshold	21167
quantities for those chemicals, establishing categories of health	21168
and physical hazards of those chemicals, establishing criteria or	21169
procedures for identifying those chemicals and the appropriate	21170
hazard categories of those chemicals, and establishing ranges of	21171
quantities for those chemicals to be used in preparing emergency	21172
and hazardous chemical inventory forms under section 3750.08 of	21173
the Revised Code. To the extent consistent with that act and	21174
applicable regulations adopted under it, the rules may establish	21175
threshold quantities based upon classes of those chemicals or	21176
categories of facilities where those chemicals are present.	21177

To the extent consistent with that act, the threshold	21178
quantities for purposes of the submission of lists of hazardous	21179
chemicals under section 3750.07 and the submission of emergency	21180
and hazardous chemical inventory forms under section 3750.08 of	21181
the Revised Code may differ.	21182

(c) Identifying or listing hazardous substances and	21183
establishing reportable quantities of each of those substances and	21184
each extremely hazardous substance. In addition to being	21185
consistent with and equivalent in scope, content, and coverage to	21186
that act and applicable regulations adopted under it, the rules	21187
shall be consistent with and equivalent in scope, content, and	21188
coverage to regulations identifying or listing hazardous	21189
substances and reportable quantities of those substances adopted	21190
under the "Comprehensive Environmental Response, Compensation, and	21191
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	21192
amended.	21193

(d) Prescribing the information to be included in the lists	21194
of hazardous chemicals required to be submitted under section	21195
3750.07 of the Revised Code;	21196

(e) Prescribing the information to be included in the	21197
emergency and hazardous chemical inventory forms required to be	21198
submitted under section 3750.08 of the Revised Code. If the	21199
commission establishes its own emergency and hazardous chemical	21200
inventory form, the rules shall authorize owners and operators of	21201
facilities who also have one or more facilities located outside	21202
the state for which they are required to submit inventory forms	21203
under the federal act and regulations adopted under it to submit	21204
their annual inventories on forms prescribed by the administrator	21205
of the United States environmental protection agency under that	21206
act instead of on forms prescribed by the commission and shall	21207
require those owners or operators to submit any additional	21208
information required by the commission's inventory form on an	21209
attachment to the federal form.	21210

(f) Establishing procedures for giving verbal notice of	21211
releases under section 3750.06 of the Revised Code and prescribing	21212
the information to be provided in such a notice and in the	21213
follow-up written notice required by that section;	21214

(g) Establishing standards for determining valid needs for	21215
the release of tier II information under division (B)(4) of	21216
section 3750.10 of the Revised Code;	21217

(h) Identifying the types or categories of information	21218
submitted or obtained under this chapter and rules adopted under	21219
it that constitute confidential business information;	21220

(i) Establishing criteria and procedures to protect trade	21221
secret and confidential business information from unauthorized	21222
disclosure;	21223

(j) Establishing other requirements or authorizations that	21224
the commission considers necessary or appropriate to implement,	21225
administer, and enforce this chapter.	21226

(2) Adopt rules in accordance with Chapter 119. of the	21227
Revised Code to implement and administer this chapter that may be	21228
more stringent than the "Emergency Planning and Community	21229
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	21230
regulations adopted under it. Rules adopted under division (B)(2)	21231
of this section shall not be inconsistent with that act or the	21232
regulations adopted under it. The rules shall:	21233

(a) Prescribe the information to be included in the chemical	21234
emergency response and preparedness plans prepared and submitted	21235
by local emergency planning committees under section 3750.04 of	21236
the Revised Code;	21237

(b) Establish criteria and procedures for reviewing the	21238
chemical emergency response and preparedness plans of local	21239
emergency planning committees required by section 3750.04 of the	21240
Revised Code and the annual exercise of those plans and for	21241
providing concurrence or requesting modifications in the plans and	21242
the exercise of those plans. The criteria shall include, without	21243
limitation, the requirement that each exercise of a committee's	21244
plan involve, in addition to local emergency response and medical	21245
personnel, either a facility that is subject to the plan or a	21246
transporter of materials that are identified or listed as	21247
hazardous materials by regulations adopted under the "Hazardous	21248
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	21249
1801, as amended.	21250

(c) Establish policies and procedures for maintaining	21251
information submitted to the commission and local emergency	21252
planning committees under this chapter, and for receiving and	21253
fulfilling requests from the public for access to review and to	21254
obtain copies of that information. The criteria and procedures	21255
shall include the following requirements and authorizations	21256
regarding that information and access to it:	21257

(i) Information that is protected as trade secret	21258
information or confidential business information under this	21259
chapter and rules adopted under it shall be kept in files that are	21260
separate from those containing information that is not so	21261
protected.	21262

(ii) The original copies of information submitted to the	21263
commission or committee shall not be removed from the custody and	21264
control of the commission or committee.	21265

(iii) A person who, either in person or by mail, requests to	21266
obtain a copy of a material safety data sheet submitted under this	21267
chapter by a facility owner or operator shall submit a separate	21268
application for each facility for which a material safety data	21269
sheet is being requested.	21270

(iv) A person who requests to receive by mail a copy of	21271
information submitted under this chapter by a facility owner or	21272
operator shall submit a separate application for each facility for	21273
which information is being requested and shall specify both the	21274
facility for which information is being requested and the	21275
particular types of documents requested.	21276

(v) Only employees of the commission or committee shall copy	21277
information in the files of the commission or committee.	21278

(vi) The commission or committee may require any person who	21279
requests to review or obtain a copy of information in its files to	21280
schedule an appointment for that purpose with the information	21281
coordinator of the commission or committee at least twenty-four	21282
hours before arriving at the office of the commission or committee	21283
for the review or copy.	21284

(vii) Any person who seeks access to information in the	21285
files of the commission or a local emergency planning committee	21286
shall submit a written application, either in person or by mail,	21287
to the information coordinator on a form provided by the	21288
commission or committee. The person also shall provide the	21289
person's name and current mailing address on the application and	21290
may be requested by the commission or committee to provide basic	21291
demographic information on the form to assist in the evaluation of	21292
the information access provisions of this chapter and rules	21293
adopted under it. Application forms may be obtained by mail or in	21294
person or by request by telephone at the office of the commission	21295
or committee during regular business hours. Upon receipt of a	21296
request for an application by telephone or mail, the information	21297
coordinator shall promptly mail an application to the person who	21298
requested it.	21299

(viii) The application form shall provide the applicant with	21300
a means of indicating that the applicant's name and address are to	21301
be kept confidential. If the applicant so indicates, that	21302
information is not a public record under section 149.43 of the	21303
Revised Code and shall not be disclosed to any person who is not a	21304
member or employee of the commission or committee or an employee	21305
of the environmental protection agency. When a name and address	21306
are to be kept confidential, they also shall be deleted from the	21307
copy of the application required to be placed in the file of the	21308
facility under division (B)(2)(c)(xii) of this section and shall	21309
be withheld from any log of information requests kept by the	21310
commission or committee pursuant to that division.	21311

(ix) Neither the commission nor a local emergency planning	21312
committee shall charge any fee for access to review information in	21313
its files when no copies or computer searches of that information	21314
are requested.	21315

(x) An applicant shall be informed of the cost of copying,	21316
mailing, or conducting a computer search of information on file	21317
with the commission or committee before such a copy or search is	21318
made, and the commission or committee shall collect the	21319
appropriate fees as established under section 3750.13 of the	21320
Revised Code. Each applicant shall acknowledge on the application	21321
form that the applicant is aware that the applicant will be	21322
charged for copies and computer searches of that information the	21323
applicant requests and for the costs of mailing copies of the	21324
information to the applicant.	21325

(xi) The commission or committee may require a person	21326
requesting copies of information on file with it to take delivery	21327
of them in the office of the commission or committee whenever it	21328
considers the volume of the information to be large enough to make	21329
mailing or delivery by a parcel or package delivery service	21330
impractical.	21331

(xii) When the commission or committee receives a request	21332
for access to review or obtain copies of information in its files,	21333
it shall not routinely notify the owner or operator of the	21334
facility involved, but instead shall either keep a log or file of	21335
requests for the information or shall place a copy of each	21336
completed application form in the file for the facility to which	21337
the application pertains. Such a log or file shall be available	21338
for review by the public and by the owners and operators of	21339
facilities required to submit information to the commission or	21340
committee under this chapter and rules adopted under it.	21341

(d) Require that claims for the protection, as a trade	21342
secret, of information obtained under this chapter regarding	21343
extremely hazardous substances identified or listed in rules	21344
adopted under division (B)(1)(a) of this section and hazardous	21345
chemicals identified or listed in rules adopted under division	21346
(B)(1)(b) of this section be submitted to the administrator of the	21347
United States environmental protection agency for determination	21348
under section 322 of the the "Emergency Planning and Community	21349
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and	21350
regulations adopted under that section;	21351

(e) Establish criteria and procedures for the issuance of	21352
variances under divisions (B) and (C) of section 3750.11 of the	21353
Revised Code. The rules shall require that, before approval of an	21354
application for a variance, the commission or committee find by a	21355
preponderance of the scientific evidence based upon generally	21356
accepted scientific principles or laboratory tests that the	21357
extremely hazardous substances, hazardous chemicals, or hazardous	21358
substances that would be subject to the reporting requirement pose	21359
a substantial risk of catastrophic injury to public health or	21360
safety or to the environment, or pose an extraordinary risk of	21361
injury to emergency management personnel responding to a release	21362
of the chemicals or substances, when the substances or chemicals	21363
are present at a facility in an amount equal to or exceeding the	21364
quantity for which reporting would be required under the reporting	21365
requirement for which the variance is sought. The rules shall	21366
also require that before approval of an application for a	21367
variance, the commission or committee find by a preponderance of	21368
the evidence that the development and implementation of a local	21369
emergency response plan for releases of the substances or	21370
chemicals covered by the reporting requirement will reduce the	21371
risk of catastrophic injury to public health or safety or to the	21372
environment, or will reduce the extraordinary risk of injury to	21373
responding emergency management personnel, in the event of a	21374
release of the substances or chemicals and find by a preponderance	21375
of the evidence that the reporting requirement is necessary for	21376
the development of such a local emergency response plan. The	21377
rules shall require that when determining whether the substances	21378
or chemicals that would be subject to the reporting requirement	21379
pose a substantial risk of catastrophic injury to public health or	21380
safety or to the environment, or pose an extraordinary risk of	21381
injury to emergency management personnel responding to a release	21382
of the substance or chemical, the commission or committee consider	21383
all of the following factors:	21384

(i) The specific characteristics and degree and nature of	21385
the hazards posed by a release of the extremely hazardous	21386
substances, hazardous chemicals, or hazardous substances;	21387

(ii) The proximity of the facilities that would be subject	21388
to the reporting requirement to residential areas, to areas where	21389
significantly large numbers of people are employed or otherwise	21390
congregate, and to environmental resources that are subject to	21391
injury;	21392

(iii) The quantities of the extremely hazardous substances,	21393
hazardous chemicals, or hazardous substances that are routinely	21394
present at facilities that would be subject to the reporting	21395
requirement;	21396

(iv) The frequency with which the extremely hazardous	21397
substances, hazardous chemicals, or hazardous substances are	21398
present at the facilities that would be subject to the reporting	21399
requirement in quantities for which reporting would be required	21400
thereunder.	21401

(f) Establish criteria and procedures for the issuance of	21402
orders under division (D) of section 3750.11 of the Revised Code	21403
requiring the placement of emergency response lock box units. The	21404
rules shall require that before approval of an application for	21405
issuance of such an order, the commission or committee find by a	21406
preponderance of the scientific evidence based upon generally	21407
accepted scientific principles or laboratory tests that the	21408
presence of the extremely hazardous substances, hazardous	21409
chemicals, or hazardous substances in the quantities in which they	21410
are routinely or intermittently present at the facility for which	21411
the order is sought pose a substantial risk of catastrophic injury	21412
to public health or safety or to the environment, or pose an	21413
extraordinary risk of injury to responding emergency management	21414
personnel, in the event of a release of any of those substances or	21415
chemicals from the facility. The rules shall require that before	21416
approval of an application for issuance of such an order, the	21417
commission or committee also find by a preponderance of the	21418
evidence that the placement of an emergency response lock box unit	21419
at the facility is necessary to protect against the substantial	21420
risk of catastrophic injury to public health or safety or the	21421
environment, or to protect against an extraordinary risk of injury	21422
to responding emergency management personnel, in the event of a	21423
release of any of the extremely hazardous substances, hazardous	21424
chemicals, or hazardous substances routinely or intermittently	21425
present at the facility. The rules shall require that when	21426
determining whether the extremely hazardous substances, hazardous	21427
chemicals, or hazardous substances present at the facility pose a	21428
substantial risk of catastrophic injury to public health or safety	21429
or to the environment, or pose an extraordinary risk of injury to	21430
responding emergency management personnel, in the event of a	21431
release of any of those substances or chemicals from the facility,	21432
the commission or committee consider all of the following factors:	21433

(i) The specific characteristics and the degree and nature	21434
of the hazards posed by a release of the extremely hazardous	21435
substances, hazardous chemicals, or hazardous substances present	21436
at the facility;	21437

(ii) The proximity of the facility to residential areas, to	21438
areas where significantly large numbers of people are employed or	21439
otherwise congregate, and to environmental resources that are	21440
subject to injury;	21441

(iii) The quantities of the extremely hazardous substances,	21442
hazardous chemicals, or hazardous substances that are routinely	21443
present at the facility;	21444

(iv) The frequency with which the extremely hazardous	21445
substances, hazardous chemicals, or hazardous substances are	21446
present at the facility.	21447

(g) Establish procedures to be followed by the commission	21448
and the executive committee of the commission for the issuance of	21449
orders under this chapter.	21450

(3) In accordance with Chapter 119. of the Revised Code	21451
adopt rules establishing reportable quantities for releases of oil	21452
that are consistent with and equivalent in scope, content, and	21453
coverage to section 311 of the "Federal Water Pollution Control	21454
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as	21455
amended, and applicable regulations adopted under it;	21456

(4) Adopt rules in accordance with Chapter 119. of the	21457
Revised Code establishing criteria and procedures for identifying	21458
or listing extremely hazardous substances in addition to those	21459
identified or listed in rules adopted under division (B)(1)(a) of	21460
this section and for establishing threshold planning quantities	21461
and reportable quantities for the added extremely hazardous	21462
substances; for identifying or listing hazardous chemicals in	21463
addition to those identified or listed in rules adopted under	21464
division (B)(1)(b) of this section and for establishing threshold	21465
quantities and categories of health and physical hazards for the	21466
added hazardous chemicals; and for identifying or listing	21467
hazardous substances in addition to those identified or listed in	21468
rules adopted under division (B)(1)(c) of this section and for	21469
establishing reportable quantities for the added hazardous	21470
substances. The criteria for identifying or listing additional	21471
extremely hazardous substances and establishing threshold planning	21472
quantities and reportable quantities therefor and for identifying	21473
or listing additional hazardous chemicals and establishing	21474
threshold quantities and categories of health and physical hazards	21475
for the added hazardous chemicals shall be consistent with and	21476
equivalent to applicable criteria therefor under the "Emergency	21477
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	21478
42 U.S.C.A. 11001, and regulations adopted under it. The criteria	21479
for identifying additional hazardous substances and for	21480
establishing reportable quantities of the added hazardous	21481
substances shall be consistent with and equivalent to the	21482
applicable criteria for identifying or listing hazardous	21483
substances and establishing reportable quantities therefor under	21484
the "Comprehensive Environmental Response, Compensation, and	21485
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	21486
amended, and regulations adopted under it.	21487

The rules shall require that, before identifying or listing	21488
any such additional extremely hazardous substance, hazardous	21489
chemical, or hazardous substance and establishing a threshold	21490
planning quantity, threshold quantity, or reportable quantity	21491
therefor, the commission find by a preponderance of the scientific	21492
evidence based on generally accepted scientific principles or	21493
laboratory tests that the substance or chemical poses a	21494
substantial risk of catastrophic injury to public health or safety	21495
or to the environment, or poses an extraordinary risk of injury to	21496
emergency management personnel responding to a release of the	21497
chemical or substance, when the chemical or substance is present	21498
at a facility in an amount equal to the proposed threshold	21499
planning quantity or threshold quantity or, in the instance of a	21500
proposed additional extremely hazardous substance or hazardous	21501
substance, poses a substantial risk of catastrophic injury to	21502
public health or safety or to the environment if a release of the	21503
proposed reportable quantity of the substance occurs. The rules	21504
shall further require that, before so identifying or listing a	21505
substance or chemical, the commission find by a preponderance of	21506
the evidence that the development and implementation of state or	21507
local emergency response plans for releases of the substance or	21508
chemical will reduce the risk of a catastrophic injury to public	21509
health or safety or to the environment, or will reduce the	21510
extraordinary risk of injury to responding emergency response	21511
personnel, in the event of a release of the substance or chemical	21512
and find by a preponderance of the evidence that the	21513
identification or listing of the substance or chemical is	21514
necessary for the development of state or local emergency response	21515
plans for releases of the substance or chemical. The rules shall	21516
require that the commission consider the toxicity of the substance	21517
or chemical in terms of both the short-term and long-term health	21518
effects resulting from exposure to it and its reactivity,	21519
volatility, dispersibility, combustibility, and flammability when	21520
determining the risks posed by a release of the substance or	21521
chemical and, as appropriate, when establishing a threshold	21522
planning quantity, threshold quantity, reportable quantity, or	21523
category of health or physical hazard for it.	21524

(5) Adopt rules in accordance with Chapter 119. of the	21525
Revised Code establishing criteria and procedures for receiving	21526
and deciding claims for protection of information as a trade	21527
secret that are applicable only to extremely hazardous substances	21528
and hazardous chemicals identified or listed in rules adopted	21529
under division (C)(5) of this section. The rules shall be	21530
equivalent in scope, content, and coverage to section 322 of the	21531
"Emergency Planning and Community Right-To-Know Act of 1986," 100	21532
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.	21533

(6)(a) After consultation with the fire marshal, adopt rules	21534
in accordance with Chapter 119. of the Revised Code establishing	21535
standards for the construction, placement, and use of emergency	21536
response lock box units at facilities that are subject to this	21537
chapter. The rules shall establish all of the following:	21538

(i) Specific standards of construction for lock box units;

21539

(ii) The specific types of information that shall be placed	21540
in the lock box units required to be placed at a facility by an	21541
order issued under division (D) of section 3750.11 of the Revised	21542
Code, which shall include the location of on-site emergency	21543
fire-fighting and spill cleanup equipment; a diagram of the public	21544
and private water supply and sewage systems serving the facility	21545
that are known to the owner or operator of the facility; a copy of	21546
the emergency and hazardous chemical inventory form for the	21547
facility most recently required to be submitted under section	21548
3750.08 of the Revised Code from which the owner or operator may	21549
withhold information claimed or determined to be trade secret	21550
information pursuant to rules adopted under division (B)(2)(d) of	21551
this section, or pursuant to division (B)(14) of this section and	21552
rules adopted under division (B)(5) of this section, and	21553
confidential business information identified in rules adopted	21554
under division (B)(1)(h) of this section; a copy of the local fire	21555
department's and facility's emergency management plans for the	21556
facility, if any; a current list of the names, positions,	21557
addresses, and telephone numbers of all key facility personnel	21558
knowledgeable in facility safety procedures and the locations at	21559
the facility where extremely hazardous substances, hazardous	21560
chemicals, and hazardous substances are produced, used, or stored.	21561
The rules shall stipulate that, in the instance of lock box units	21562
placed voluntarily at facilities by the owners or operators of the	21563
facilities, such information shall be maintained in them as is	21564
prescribed by agreement by the owner or operator and the fire	21565
department having jurisdiction over the facility.	21566

(iii) The conditions that shall be met in order to provide	21567
safe and expedient access to a lock box unit during a release or	21568
threatened release of an extremely hazardous substance, hazardous	21569
chemical, or hazardous substance.	21570

(b) Unless the owner or operator of a facility is issued an	21571
order under division (D) of section 3750.11 of the Revised Code	21572
requiring the owner or operator to place a lock box unit at the	21573
facility, the owner or operator may place a lock box unit at the	21574
facility at the owner's or operator's discretion. If the owner or	21575
operator chooses to place a lock box unit at the facility, the	21576
responsibility to deposit information in the lock box unit is in	21577
addition to any other obligations established in this chapter.	21578

(c) Any costs associated with the purchase, construction, or	21579
placement of a lock box unit shall be paid by the owner or	21580
operator of the facility.	21581

(7) In accordance with Chapter 119. of the Revised Code,	21582
adopt rules governing the application for and awarding of grants	21583
under division (C) of section 3750.14 and division (B) of section	21584
3750.15 of the Revised Code;	21585

(8) Adopt rules in accordance with Chapter 119. of the	21586
Revised Code establishing reasonable maximum fees that may be	21587
charged by the commission and local emergency planning committees	21588
for copying information in the commission's or committee's files	21589
to fulfill requests from the public for that information;	21590

(9) Adopt internal management rules governing the operations	21591
of the commission. The internal management rules shall establish	21592
an executive committee of the commission consisting of the	21593
director of environmental protection or the director's designee,	21594
the director of public safety or the director's designee, the	21595
attorney general or the attorney general's designee, one of the	21596
appointed members of the commission representing industries	21597
subject to this chapter to be appointed by the commission, one of	21598
the appointed members of the commission representing the interests	21599
of environmental advocacy organizations to be appointed by the	21600
commission, and one other appointed member or member ex officio of	21601
the commission to be appointed by the commission. The executive	21602
committee has exclusive authority to issue enforcement orders	21603
under section 3750.18 of the Revised Code and to request the	21604
attorney general to bring a civil action, civil penalty action, or	21605
criminal action under section 3750.20 of the Revised Code in the	21606
name of the commission regarding violations of this chapter, rules	21607
adopted under it, or orders issued under it. The internal	21608
management rules may set forth the other specific powers and	21609
duties of the commission that the executive committee may exercise	21610
and carry out and the conditions under which the executive	21611
committee may do so. The internal management rules shall not	21612
authorize the executive committee to issue variances under	21613
division (B) or (C) of section 3750.11 of the Revised Code or	21614
orders under division (D) of that section.	21615

(10) Oversee and coordinate the implementation and	21616
enforcement of this chapter and make such recommendations to the	21617
director of environmental protection and the director of public	21618
safety as it considers necessary or appropriate to improve the	21619
implementation and enforcement of this chapter;	21620

(11) Make allocations of moneys under division (B) of	21621
section 3750.14 of the Revised Code and make grants under division	21622
(C) of section 3750.14 and division (B) of section 3750.15 of the	21623
Revised Code;	21624

(12) Designate an officer of the environmental protection	21625
agency to serve as the commission's information coordinator under	21626
this chapter;	21627

(13) Not later than December 14, 1989, develop and	21628
distribute a state emergency response plan that defines the	21629
emergency response roles and responsibilities of the state	21630
agencies that are represented on the commission and that provides	21631
appropriate coordination with the national contingency plan and	21632
the regional contingency plan required by section 105 of the	21633
"Comprehensive Environmental Response, Compensation, and Liability	21634
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The	21635
plan shall ensure a well-coordinated response by state agencies	21636
that may be involved in assisting local emergency responders	21637
during a major release of oil or a major sudden and accidental	21638
release of a hazardous substance or extremely hazardous substance.	21639
The plan may incorporate existing state emergency response plans	21640
by reference. At least annually, the commission and the state	21641
agencies that are represented on it shall jointly exercise the	21642
state plan in conjunction with the exercise of a local emergency	21643
response plan by a local emergency planning committee under	21644
section 3750.04 of the Revised Code. After any such exercise, the	21645
commission shall review the state plan and make such revisions in	21646
it as the commission considers necessary or appropriate.	21647

(14) Receive and decide claims for the protection of	21648
information as a trade secret that pertain only to extremely	21649
hazardous substances and hazardous chemicals identified or listed	21650
by rules adopted under division (C)(5) of this section. If the	21651
commission determines that the claim meets the criteria	21652
established in rules adopted under division (B)(5) of this	21653
section, it shall issue an order to that effect in accordance with	21654
section 3750.18 of the Revised Code. If the commission determines	21655
that the claim does not meet the criteria established in those	21656
rules, it shall issue an order to that effect in accordance with	21657
section 3750.18 of the Revised Code.	21658

(15) Annually compile, make available to the public, and	21659
submit to the president of the senate and the speaker of the house	21660
of representatives a summary report on the number of facilities	21661
estimated to be subject to regulation under sections 3750.05,	21662
3750.07, and 3750.08 of the Revised Code, the number of facilities	21663
reporting to the commission, an estimate of the percentage of	21664
facilities in compliance with those sections, and recommendations	21665
regarding the types of activities the commission considers	21666
necessary to improve such compliance. The commission shall base	21667
its estimate of the number of facilities that are subject to	21668
regulation under those sections on the current estimates provided	21669
by the local emergency planning committees under division (D)(6)	21670
of section 3750.03 of the Revised Code.	21671

(C) The commission may:

21672

(1) Procure by contract the temporary or intermittent	21673
services of experts or consultants when those services are to be	21674
performed on a part-time or fee-for-service basis and do not	21675
involve the performance of administrative duties;	21676

(2) Enter into contracts or agreements with political	21677
subdivisions or emergency planning districts for the purposes of	21678
this chapter;	21679

(3) Accept on behalf of the state any gift, grant, or	21680
contribution from any governmental or private source for the	21681
purposes of this chapter;	21682

(4) Enter into contracts, agreements, or memoranda of	21683
understanding with any state department, agency, board,	21684
commission, or institution to obtain the services of personnel	21685
thereof or utilize resources thereof for the purposes of this	21686
chapter. Employees of a state department, agency, board,	21687
commission, or institution providing services to the commission	21688
under any such contract, agreement, or memorandum shall perform	21689
only those functions and provide only the services provided for in	21690
the contract, agreement, or memorandum.	21691

(5) Identify or list extremely hazardous substances in	21692
addition to those identified or listed in rules adopted under	21693
division (B)(1)(a) of this section and establish threshold	21694
planning quantities and reportable quantities for the additional	21695
extremely hazardous substances, identify or list hazardous	21696
chemicals in addition to those identified or listed in rules	21697
adopted under division (B)(1)(b) of this section and establish	21698
threshold quantities and categories or health and physical hazards	21699
for the added chemicals, and identify or list hazardous substances	21700
in addition to those identified or listed in rules adopted under	21701
division (B)(1)(c) of this section and establish reportable	21702
quantities for the added hazardous substances. The commission may	21703
establish threshold planning quantities for the additional	21704
extremely hazardous substances based upon classes of those	21705
substances or categories of facilities at which they are present	21706
and may establish threshold quantities for the additional	21707
hazardous chemicals based upon classes of those chemicals or	21708
categories of facilities where they are present. The commission	21709
shall identify or list such additional substances or chemicals and	21710
establish threshold planning quantities, threshold quantities,	21711
reportable quantities, and hazard categories therefor in	21712
accordance with the criteria and procedures established in rules	21713
adopted under division (B)(4) of this section and, after	21714
compliance with those criteria and procedures, by the adoption of	21715
rules in accordance with Chapter 119. of the Revised Code. The	21716
commission shall not adopt rules under division (C)(5) of this	21717
section modifying any threshold planning quantity established in	21718
rules adopted under division (B)(1)(a) of this section, any	21719
threshold quantity established in rules adopted under division	21720
(B)(1)(b) of this section, or any reportable quantity established	21721
in rules adopted under division (B)(1)(c) of this section.	21722

If, after the commission has adopted rules under division	21723
(C)(5) of this section identifying or listing an extremely	21724
hazardous substance, hazardous chemical, or hazardous substance,	21725
the administrator of the United States environmental protection	21726
agency identifies or lists the substance or chemical as an	21727
extremely hazardous substance or hazardous chemical under the	21728
"Emergency Planning and Community Right-To-Know Act of 1986," 100	21729
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance	21730
as a hazardous substance under the "Comprehensive Environmental	21731
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	21732
42 U.S.C.A. 9602, as amended, the commission shall rescind its	21733
rules adopted under division (C)(5) of this section pertaining to	21734
the substance or chemical and adopt the appropriate rules under	21735
division (B)(1)(a), (b), or (c) of this section.	21736

(6) From time to time, request the director of environmental	21737
protection and the executive director of the emergency management	21738
agency to review implementation, administration, and enforcement	21739
of the chemical emergency response planning and reporting programs	21740
created by this chapter and rules adopted under it regarding their	21741
effectiveness in preparing for response to releases of extremely	21742
hazardous substances, hazardous chemicals, and hazardous	21743
substances. After completion of any such review, the director of	21744
environmental protection and the director of public safety shall	21745
report their findings to the commission. Upon receipt of their	21746
findings, the commission may make such recommendations for	21747
legislative and administrative action as the commission finds	21748
necessary or appropriate to promote achievement of the purposes of	21749
this chapter.	21750

(D) Except as provided in section 3750.06 of the Revised	21751
Code, nothing in this chapter applies to the transportation,	21752
including the storage incident to transportation, of any substance	21753
or chemical subject to the requirements of this chapter, including	21754
the transportation and distribution of natural gas.	21755

(E) This chapter authorizes the state, through the emergency	21756
response commission, the department of public safety, and the	21757
environmental protection agency, to establish and maintain	21758
chemical emergency response planning and preparedness, community	21759
right-to-know, and hazardous substance and extremely hazardous	21760
substance release reporting programs that are consistent with and	21761
equivalent in scope, coverage, and content to the "Emergency	21762
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	21763
42 U.S.C.A. 11001, and regulations adopted under it, except as	21764
otherwise specifically required or authorized in this chapter. The	21765
commission, department, and agencies may do all things necessary,	21766
incidental, or appropriate to implement, administer, and enforce	21767
this chapter and to perform the duties and exercise the powers of	21768
the state emergency response commission under that act and	21769
regulations adopted under it and under this chapter.	21770

Sec. 3769.08.  (A) Any person holding a permit to conduct a	21771
horse-racing meeting may provide a place in the race meeting	21772
grounds or enclosure at which the permit holder may conduct and	21773
supervise the pari-mutuel system of wagering by patrons of legal	21774
age on the live racing programs and simulcast racing programs	21775
conducted by such the permit holder.	21776

Such The pari-mutuel method of wagering upon the live racing	21777
programs and simulcast racing programs held at or conducted within	21778
such race track, and at the time of such horse-racing meeting, or	21779
at other times authorized by the state racing commission, shall	21780
not be unlawful. No other place, except that provided and	21781
designated by the permit holder and except as provided in section	21782
3769.26 of the Revised Code, nor any other method or system of	21783
betting or wagering, except the pari-mutuel system, shall be used	21784
or permitted by the permit holder; nor, except as provided in	21785
section 3769.089 or 3769.26 of the Revised Code, shall the	21786
pari-mutuel system of wagering be conducted by the permit holder	21787
on any races except the races at the race track, grounds, or	21788
enclosure for which the person holds a permit. Each permit holder	21789
may retain as a commission an amount not to exceed eighteen per	21790
cent of the total of all moneys wagered.	21791

The pari-mutuel wagering authorized by this section is	21792
subject to sections 3769.25 to 3769.27 3769.28 of the Revised	21793
Code.	21794

(B) At the close of each racing day, each permit holder	21795
authorized to conduct thoroughbred racing, out of the amount	21796
retained on that day by the permit holder, shall pay by check,	21797
draft, or money order to the tax commissioner, as a tax, a sum	21798
equal to the following percentages of the total of all moneys	21799
wagered on live racing programs on that day and shall separately	21800
compute and pay by check, draft, or money order to the tax	21801
commissioner, as a tax, a sum equal to the following percentages	21802
of the total of all money wagered on simulcast racing programs on	21803
that day:	21804

(1) One per cent of the first two hundred thousand dollars	21805
wagered, or any part thereof of that amount;	21806

(2) Two per cent of the next one hundred thousand dollars	21807
wagered, or any part thereof of that amount;	21808

(3) Three per cent of the next one hundred thousand dollars	21809
wagered, or any part thereof of that amount;	21810

(4) Four per cent of all sums over four hundred thousand	21811
dollars wagered.	21812

Except as otherwise provided in section 3769.089 of the	21813
Revised Code, each permit holder authorized to conduct	21814
thoroughbred racing shall use for purse money a sum equal to fifty	21815
per cent of the pari-mutuel revenues retained by the permit holder	21816
as a commission after payment of the state tax. This fifty per	21817
cent payment shall be in addition to the purse distribution from	21818
breakage specified in this section.	21819

Subject to division (M) of this section, from the moneys paid	21820
to the tax commissioner by thoroughbred-racing thoroughbred racing	21821
permit holders, one-half of one per cent of the total of all	21822
moneys so wagered on a racing day shall be paid into the Ohio	21823
fairs fund created by section 3769.082 of the Revised Code, one	21824
and one-eighth per cent of the total of all moneys so wagered on a	21825
racing day shall be paid into the Ohio thoroughbred race fund	21826
created by section 3769.083 of the Revised Code, and one-quarter	21827
of one per cent of the total of all moneys wagered on a racing day	21828
by each permit holder shall be paid into the state racing	21829
commission operating fund created by section 3769.03 of the	21830
Revised Code. The required payment to the state racing commission	21831
operating fund does not apply to county and independent fairs and	21832
agricultural societies. The remaining moneys may be retained by	21833
the permit holder, except as provided in this section with respect	21834
to the odd cents redistribution. Amounts paid into the PASSPORT	21835
fund shall be used solely for the support of the PASSPORT program	21836
as determined in appropriations made by the general assembly. If	21837
the PASSPORT program is abolished, the amount that would have been	21838
paid to the PASSPORT fund under this chapter shall be paid to the	21839
general revenue fund of the state. As used in this chapter,	21840
"PASSPORT program" means the PASSPORT program created under	21841
section 173.40 of the Revised Code.	21842

During calendar year 1994, the The total amount paid to the	21843
Ohio thoroughbred race fund under this section and section	21844
3769.087 of the Revised Code shall not exceed by more than six per	21845
cent the total amount paid to this fund under this section and	21846
that section during calendar year 1990. During each calendar year	21847
after calendar year 1994, the total amount paid to this fund under	21848
this section and that section shall not exceed by more than six	21849
per cent the total amount paid to this fund under this section and	21850
that section during the immediately preceding calendar year.	21851

Each year, the total amount calculated for payment into the	21852
Ohio fairs fund under this division, division (C) of this section,	21853
and section 3769.087 of the Revised Code shall be an amount	21854
calculated using the percentages specified in this division,	21855
division (C) of this section, and section 3769.087 of the Revised	21856
Code. Until January 1, 1996, the total amount actually paid into	21857
the Ohio fairs fund under this division, division (C) of this	21858
section, and section 3769.087 of the Revised Code during each	21859
calendar year shall not exceed the total amount that was actually	21860
paid into that fund under this division, division (C) of this	21861
section, and section 3769.087 of the Revised Code during calendar	21862
year 1990, plus five hundred thousand dollars. Beginning on	21863
January 1, 1996, and continuing through December 31, 1998, the	21864
total amount actually paid into the Ohio fairs fund during each	21865
calendar year under this division, division (C) of this section,	21866
and section 3769.087 of the Revised Code shall not exceed by more	21867
than five per cent an amount equal to the total amount actually	21868
paid into the Ohio fairs fund during the immediately preceding	21869
calendar year.	21870

A permit holder may contract with a thoroughbred horsemen's	21871
organization for the organization to act as a representative of	21872
all thoroughbred owners and trainers participating in a	21873
horse-racing meeting conducted by the permit holder. A	21874
"thoroughbred horsemen's organization" is any corporation or	21875
association that represents, through membership or otherwise, more	21876
than one-half of the aggregate of all thoroughbred owners and	21877
trainers who were licensed and actively participated in racing	21878
within this state during the preceding calendar year. Except as	21879
otherwise provided in this paragraph, any moneys received by a	21880
thoroughbred horsemen's organization shall be used exclusively for	21881
the benefit of thoroughbred owners and trainers racing in this	21882
state through the administrative purposes of the organization,	21883
benevolent activities on behalf of the horsemen, promotion of the	21884
horsemen's rights and interests, and promotion of equine research.	21885
A thoroughbred horsemen's organization may expend not more than an	21886
aggregate of five per cent of its annual gross receipts, or a	21887
larger amount as approved by the organization, for dues,	21888
assessments, and other payments to all other local, national, or	21889
international organizations having as their primary purposes the	21890
promotion of thoroughbred horse racing, thoroughbred horsemen's	21891
rights, and equine research.	21892

(C) Except as otherwise provided in division (B) of this	21893
section, at the close of each racing day, each permit holder	21894
authorized to conduct harness or quarter horse racing, out of the	21895
amount retained that day by the permit holder, shall pay by check,	21896
draft, or money order to the tax commissioner, as a tax, a sum	21897
equal to the following percentages of the total of all moneys	21898
wagered on live racing programs and shall separately compute and	21899
pay by check, draft, or money order to the tax commissioner, as a	21900
tax, a sum equal to the following percentages of the total of all	21901
money wagered on simulcast racing programs on that day:	21902

(1) One per cent of the first two hundred thousand dollars	21903
wagered, or any part thereof of that amount;	21904

(2) Two per cent of the next one hundred thousand dollars	21905
wagered, or any part thereof of that amount;	21906

(3) Three per cent of the next one hundred thousand dollars	21907
wagered, or any part thereof of that amount;	21908

(4) Four per cent of all sums over four hundred thousand	21909
dollars wagered.	21910

Except as otherwise provided in division (B) and subject to	21911
division (M) of this section, from the moneys paid to the tax	21912
commissioner by permit holders authorized to conduct harness or	21913
quarter horse racing, one-half of one per cent of all moneys	21914
wagered on that racing day shall be paid into the Ohio fairs fund;	21915
from the moneys paid to the tax commissioner by permit holders	21916
authorized to conduct harness racing, five-eighths of one per cent	21917
of all moneys wagered on that racing day shall be paid into the	21918
Ohio standardbred development fund; and from the moneys paid to	21919
the tax commissioner by permit holders authorized to conduct	21920
quarter horse racing, five-eighths of one per cent of all moneys	21921
wagered on that racing day shall be paid into the Ohio quarter	21922
horse development fund.	21923

(D) In addition, subject to division (M) of this section,	21924
beginning on January 1, 1996, from the money paid to the tax	21925
commissioner as a tax under this section and section 3769.087 of	21926
the Revised Code by harness horse permit holders, one-half of one	21927
per cent of the amount wagered on a racing day shall be paid into	21928
the Ohio standardbred development fund. Beginning January 1,	21929
1998, the payment to the Ohio standardbred development fund	21930
required under this division (D) of this section does not apply to	21931
county agricultural societies or independent agricultural	21932
societies.	21933

During calendar year 1994, the The total amount paid to the	21934
Ohio standardbred development fund under this division, division	21935
(C) of this section, and section 3769.087 of the Revised Code and	21936
the total amount paid to the Ohio quarter horse development fund	21937
under this division and that section shall not exceed by more than	21938
six per cent the total amount paid to each of these funds under	21939
this division and that section during calendar year 1990. During	21940
each calendar year after calendar year 1994, the total amount paid	21941
to each of these funds shall not exceed by more than six per cent	21942
the total amount paid into the fund under this division, division	21943
(C) of this section, and section 3769.087 of the Revised Code in	21944
the immediately preceding calendar year.	21945

(E) Subject to division (M) of this section, from the money	21946
paid as a tax under this chapter by harness and quarter horse	21947
permit holders, one-quarter of one per cent of the total of all	21948
moneys wagered on a racing day by each permit holder shall be paid	21949
into the state racing commission operating fund created by section	21950
3769.03 of the Revised Code. This division does not apply to	21951
county and independent fairs and agricultural societies.	21952

(F) Except as otherwise provided in section 3769.089 of the	21953
Revised Code, each permit holder authorized to conduct harness	21954
racing shall pat pay to the harness horsemen's purse pool a sum	21955
equal to fifty per cent of the pari-mutuel revenues retained by	21956
the permit holder as a commission after payment of the state tax.	21957
This fifty per cent payment is to be in addition to the purse	21958
distribution from breakage specified in this section.	21959

(G) In addition, each permit holder authorized to conduct	21960
harness racing shall be allowed to retain the odd cents of all	21961
redistribution to be made on all mutual contributions exceeding a	21962
sum equal to the next lowest multiple of ten.	21963

Forty per cent of that portion of that total sum of such odd	21964
cents shall be used by the permit holder for purse money for Ohio	21965
sired, bred, and owned colts, for purse money for Ohio bred	21966
horses, and for increased purse money for horse races. Upon the	21967
formation of the corporation described in section 3769.21 of the	21968
Revised Code to establish a harness horsemen's health and	21969
retirement fund, twenty-five per cent of that portion of that	21970
total sum of odd cents shall be paid at the close of each racing	21971
day by the permit holder to such that corporation to establish and	21972
fund the health and retirement fund. Until such that corporation	21973
is formed, such that twenty-five per cent shall be paid at the	21974
close of each racing day by the permit holder to the tax	21975
commissioner or the tax commissioner's agent in the county seat of	21976
the county in which the permit holder operates race meetings. The	21977
remaining thirty-five per cent of that portion of that total sum	21978
of odd cents shall be retained by the permit holder.	21979

(H) In addition, each permit holder authorized to conduct	21980
thoroughbred racing shall be allowed to retain the odd cents of	21981
all redistribution to be made on all mutuel contributions	21982
exceeding a sum equal to the next lowest multiple of ten. Twenty	21983
per cent of that portion of that total sum of such odd cents shall	21984
be used by the permit holder for increased purse money for horse	21985
races. Upon the formation of the corporation described in section	21986
3769.21 of the Revised Code to establish a thoroughbred horsemen's	21987
health and retirement fund, forty-five per cent of that portion of	21988
that total sum of odd cents shall be paid at the close of each	21989
racing day by the permit holder to such that corporation to	21990
establish and fund the health and retirement fund. Until such	21991
that corporation is formed, such that forty-five per cent shall be	21992
paid by the permit holder to the tax commissioner or the tax	21993
commissioner's agent in the county seat of the county in which the	21994
permit holder operates race meetings, at the close of each racing	21995
day. The remaining thirty-five per cent of that portion of that	21996
total sum of odd cents shall be retained by the permit holder.	21997

(I) In addition, each permit holder authorized to conduct	21998
quarter horse racing shall be allowed to retain the odd cents of	21999
all redistribution to be made on all mutuel contributions	22000
exceeding a sum equal to the next lowest multiple of ten, subject	22001
to a tax of twenty-five per cent on that portion of the total sum	22002
of such odd cents that is in excess of two thousand dollars during	22003
a calendar year, which tax shall be paid at the close of each	22004
racing day by the permit holder to the tax commissioner or the tax	22005
commissioner's agent in the county seat of the county within which	22006
the permit holder operates race meetings. Forty per cent of that	22007
portion of that total sum of such odd cents shall be used by the	22008
permit holder for increased purse money for horse races. The	22009
remaining thirty-five per cent of that portion of that total sum	22010
of odd cents shall be retained by the permit holder.	22011

(J)(1) To encourage the improvement of racing facilities for	22012
the benefit of the public, breeders, and horse owners, and to	22013
increase the revenue to the state from the increase in pari-mutuel	22014
wagering resulting from such those improvements, the taxes paid by	22015
a permit holder to the state as provided for in this chapter shall	22016
be reduced by three-fourths of one per cent of the total amount	22017
wagered for those permit holders who make capital improvements to	22018
existing race tracks or construct new race tracks. The percentage	22019
of the reduction that may be taken each racing day shall equal	22020
seventy-five per cent of the tax levied under divisions (B) and	22021
(C) of this section and section 3769.087 of the Revised Code, and	22022
division (F)(2) of section 3769.26 of the Revised Code, as	22023
applicable, divided by the calculated amount each fund should	22024
receive under divisions (B) and (C) of this section and section	22025
3769.087 of the Revised Code, and division (F)(2) of section	22026
3769.26 of the Revised Code and the reduction provided for in this	22027
division. If the resulting percentage is less than one, that	22028
percentage shall be multiplied by the amount of the reduction	22029
provided for in this division. Otherwise, the permit holder shall	22030
receive the full reduction provided for in this division. The	22031
amount of the allowable reduction not received shall be carried	22032
forward and applied against future tax liability. After any	22033
reductions expire, any reduction carried forward shall be treated	22034
as a reduction as provided for in this division. If	22035

If more than one permit holder is authorized to conduct	22036
racing at the facility that is being built or improved, the cost	22037
of the new race track or capital improvement shall be allocated	22038
between or among all the permit holders in the ratio that the	22039
permit holders' number of racing days bears to the total number of	22040
racing days conducted at the facility. Such	22041

A reduction for a new race track or a capital improvement	22042
shall start from the day racing is first conducted following the	22043
date actual construction of the new race track or each capital	22044
improvement is completed and the construction cost has been	22045
certified approved by the racing commission, unless otherwise	22046
provided in this section. Such A reduction for a new race track or	22047
a capital improvement shall continue for a period of twenty-five	22048
years for new race tracks and for fifteen years for new capital	22049
improvements if the construction of the capital improvement or new	22050
race track commenced prior to March 29, 1988, and for a period of	22051
ten years for new race tracks or new capital improvements if the	22052
construction of the capital improvement or new race track	22053
commenced on or after March 29, 1988, but before the effective	22054
date of this amendment, or until the total tax reduction reaches	22055
seventy per cent of the approved cost of the new race track or new	22056
capital improvement, as allocated to each permit holder, whichever	22057
occurs first. The tax A reduction for a new race track or a	22058
capital improvement approved after the effective date of this	22059
amendment shall continue until the total tax reduction reaches one	22060
hundred per cent of the approved cost of the new race track or	22061
capital improvement, as allocated to each permit holder.	22062

A reduction granted for any a new race track or a capital	22063
improvement, the application for which was approved by the racing	22064
commission after March 29, 1988, but before the effective date of	22065
this amendment, shall not commence nor shall the ten-year period	22066
begin to run until all prior tax reductions with respect to the	22067
same race track have ended. The total tax reduction because of	22068
capital improvements shall not during any one year exceed for all	22069
permit holders using any one track three-fourths of one per cent	22070
of the total amount wagered, regardless of the number of capital	22071
improvements made. Several capital improvements to a race track	22072
may be consolidated in an application if the racing commission	22073
approved the application prior to March 29, 1988. No permit	22074
holder may receive a tax reduction for a capital improvement	22075
approved by the racing commission on or after March 29, 1988, at a	22076
race track until all tax reductions have ended for all prior	22077
capital improvements approved by the racing commission under this	22078
section or section 3769.20 of the Revised Code at that race track.	22079
If there are two or more permit holders operating meetings at the	22080
same track, they may consolidate their applications. The racing	22081
commission shall notify the tax commissioner when the diminution	22082
reduction of tax begins and when it ends. Each	22083

Each fiscal year the racing commission shall submit a report	22084
to the tax commissioner, the office of budget and management, and	22085
the legislative budget office of the legislative service	22086
commission. The report shall identify each capital improvement	22087
project undertaken under this division and in progress at each	22088
race track, indicate the total cost of each such project, state	22089
the tax reduction that resulted from each such project during the	22090
immediately preceding fiscal year, estimate the tax reduction that	22091
will result from each such project during the current fiscal year,	22092
state the total tax reduction that resulted from all such projects	22093
at all race tracks during the immediately preceding fiscal year,	22094
and estimate the total tax reduction that will result from all	22095
such projects at all race tracks during the current fiscal year.	22096

(2) In order to qualify for the reduction in tax, a permit	22097
holder shall apply to the racing commission in such form as the	22098
commission may require and shall provide full details of the new	22099
racing race track or capital improvement, including a schedule for	22100
its construction and completion, and set forth the costs and	22101
expenses incurred in connection therewith with it. The racing	22102
commission shall not approve an application unless the permit	22103
holder shows that a contract for the new race track or capital	22104
improvement has been let under an unrestricted competitive bidding	22105
procedure, unless the contract is exempted by the controlling	22106
board because of its unusual nature. In determining whether to	22107
approve an application, the racing commission shall consider	22108
whether the new race track or capital improvement will promote the	22109
safety, convenience, and comfort of the racing public and horse	22110
owners and generally tend towards the improvement of racing in	22111
this state.	22112

(3) If a new race track or capital improvement is approved	22113
by the racing commission and construction has started, the tax	22114
adjustment reduction may be authorized by the commission upon	22115
presentation of copies of paid bills in excess of one hundred	22116
thousand dollars or ten per cent of the approved cost, whichever	22117
is greater. After the initial authorization, the permit holder	22118
shall present copies of paid bills. If the permit holder is in	22119
substantial compliance with the schedule for construction and	22120
completion of the new race track or capital improvement, the	22121
racing commission may authorize the continuation of the tax	22122
adjustment reduction upon the presentation of such the additional	22123
paid bills. The total amount of the tax adjustment reduction	22124
authorized shall not exceed seventy per cent the percentage of the	22125
approved cost of the new race track or capital improvement	22126
specified in division (J)(1) of this section. The racing	22127
commission may terminate any tax adjustment reduction immediately	22128
if a permit holder fails to complete the new race track or capital	22129
improvement, or to substantially comply with the schedule for	22130
construction and completion of the new race track or capital	22131
improvement. If a permit holder fails to complete a new race	22132
track or capital improvement, the racing commission shall order	22133
the permit holder to repay to the state the total amount of tax	22134
reduced. The normal tax paid by the permit holder shall be	22135
increased by three-fourths of one per cent of the total amount	22136
wagered until the total amount of the additional tax collected	22137
equals the total amount of tax reduced.	22138

(4) As used in this section, "capital:

22139

(a) "Capital improvement" means an addition, replacement, or	22140
remodeling of a structural unit of a race track facility costing	22141
at least one hundred thousand dollars, including, but not limited	22142
to, the construction of barns used exclusively for such the race	22143
track facility, backstretch facilities for horsemen, paddock	22144
facilities, new pari-mutuel and totalizator equipment and	22145
appurtenances thereto to that equipment purchased by the track,	22146
new access roads, new parking areas, the complete reconstruction,	22147
reshaping, and leveling of the race track racing surface and	22148
appurtenances, the installation of permanent new heating or air	22149
conditioning, and roof replacement or restoration, installations	22150
of a permanent nature forming a part of the track structure, and	22151
construction of buildings that are located on a permit holder's	22152
premises. "Capital improvement" does not include the cost of	22153
replacement of equipment that is not permanently installed,	22154
ordinary repairs, painting, and maintenance required to keep a	22155
race track facility in ordinary operating condition. "New	22156

(b) "New race track" or "new racing track" includes the	22157
reconstruction of a race track damaged by fire or other cause that	22158
has been declared by the racing commission, as a result of the	22159
damage, to be an inadequate facility for the safe operation of	22160
horse racing.	22161

(c) "Approved cost" includes all debt service and interest	22162
costs that are associated with a capital improvement or new race	22163
track and that the racing commission approves for a tax reduction	22164
under division (J) of this section.	22165

(5) The racing commission shall not approve an application	22166
for a tax reduction under this section if it has reasonable cause	22167
to believe that the actions or negligence of the permit holder	22168
substantially contributed to the damage suffered by the track due	22169
to fire or other cause. The racing commission shall obtain any	22170
data or information available from a fire marshal, law enforcement	22171
official, or insurance company concerning any fire or other damage	22172
suffered by a track, prior to approving an application for a tax	22173
reduction.	22174

(6) The approved cost and expenses to which a tax reduction	22175
applies shall be determined by generally accepted accounting	22176
principles and verified by an audit of the permit holder's records	22177
upon completion of the project by the racing commission, or by an	22178
independent certified public accountant selected by the permit	22179
holder and approved by the commission.	22180

The tax reductions for capital improvements and new tracks	22181
provided for in this division apply only to tax reductions	22182
approved by the state racing commission prior to the effective	22183
date of this amendment.	22184

(K) No other license or excise tax or fee, except as	22185
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	22186
be assessed or collected from such licensee by any county,	22187
township, district, municipal corporation, or other body having	22188
power to assess or collect a tax or fee. That portion of the tax	22189
paid under this section by permit holders for racing conducted at	22190
and during the course of an agricultural exposition or fair, and	22191
that portion of the tax that would have been paid by eligible	22192
permit holders into the PASSPORT fund as a result of racing	22193
conducted at and during the course of an agricultural exposition	22194
or fair, shall be deposited into the state treasury to the credit	22195
of the horse racing tax fund, which is hereby created for the use	22196
of the agricultural societies of the several counties in which the	22197
taxes originate. The state racing commission shall determine	22198
eligible permit holders for purposes of the preceding sentence,	22199
taking into account the breed of horse, the racing dates, the	22200
geographic proximity to the fair, and the best interests of Ohio	22201
racing. On the first day of any month on which there is money in	22202
the fund, the director of budget and management tax commissioner	22203
shall provide for payment to the treasurer of each agricultural	22204
society the amount of the taxes collected under this section upon	22205
racing conducted at and during the course of any exposition or	22206
fair conducted by such the society.	22207

(L) From the tax paid under this section by harness track	22208
permit holders, the tax commissioner shall pay into the Ohio	22209
thoroughbred race fund a sum equal to a percentage of the amount	22210
wagered upon which such the tax is paid. The percentage shall be	22211
determined by the tax commissioner and shall be rounded to the	22212
nearest one-hundredth. The percentage shall be such that, when	22213
multiplied by the amount wagered upon which tax was paid by the	22214
harness track permit holders in the most recent year for which	22215
final figures are available, it results in a sum that	22216
substantially equals the same amount of tax paid by the tax	22217
commissioner during that year into the Ohio fairs fund from taxes	22218
paid by thoroughbred permit holders. This division does not apply	22219
to county and independent fairs and agricultural societies.	22220

(M) Twenty-five per cent of the taxes levied on	22221
thoroughbred-racing thoroughbred racing permit holders,	22222
harness-racing harness racing permit holders, and quarter horse	22223
racing permit holders under this section, section 3769.087 of the	22224
Revised Code, and division (F)(2) of section 3769.26 of the	22225
Revised Code shall be paid to into the PASSPORT fund. The tax	22226
commissioner shall pay any money remaining, after the payment to	22227
into the PASSPORT fund and the reductions provided for in division	22228
(J) of this section and in section 3769.20 of the Revised Code,	22229
into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio	22230
standardbred development fund, Ohio quarter horse fund, and state	22231
racing commission operating fund as prescribed in this section and	22232
section 3769.087 of the Revised Code; except that the state racing	22233
commission operating fund shall not receive more than two million	22234
five hundred thousand dollars in any calendar year. The tax	22235
commissioner shall thereafter use and apply the balance of the	22236
money paid as a tax by any permit holder to cover any shortage in	22237
the accounts of such funds resulting from an insufficient payment	22238
as a tax by any other permit holder. The moneys received by the	22239
tax commissioner shall be deposited weekly and paid by the tax	22240
commissioner into the funds to cover the total aggregate amount	22241
due from all permit holders to the funds, as calculated under this	22242
section and section 3769.087 of the Revised Code, as applicable.	22243
If, after the payment to into the PASSPORT fund, sufficient funds	22244
are not available from the tax deposited by the tax commissioner	22245
to pay the required amount amounts into the Ohio fairs fund, Ohio	22246
standardbred development fund, Ohio thoroughbred race fund, Ohio	22247
quarter horse fund, and the state racing commission operating	22248
fund, the tax commissioner shall prorate on a proportional basis	22249
the amount paid to each of the funds. Any shortage to the funds	22250
as a result of a proration shall be applied against future	22251
deposits for the same calendar year when funds are available.	22252
After this application, the tax commissioner shall pay any	22253
remaining money paid as a tax by all permit holders into the	22254
PASSPORT fund. If the Ohio fairs fund does not receive two million	22255
five hundred thousand dollars in calendar year 1997 or 1998, the	22256
tax commissioner shall pay into the Ohio fairs fund, on a prorated	22257
basis, money that would have been paid into the Ohio thoroughbred	22258
race fund, Ohio standardbred development fund, Ohio quarter horse	22259
development fund, and state racing commission operating fund and	22260
the portion that was retained by the tracks the previous calendar	22261
year as a reduction provided for in division (J) of this section	22262
and section 3769.20 of the Revised Code until the previous year's	22263
deficiency is met. Each track that has an existing reduction	22264
shall increase its reduction credit balance by the amount	22265
determined by the tax commissioner that is needed to meet its	22266
prorated portion of the Ohio fairs fund deficiency. The credit	22267
balance increase shall be paid to the tax commissioner as a tax.	22268
This division does not apply to permit holders conducting racing	22269
at the course of an agricultural exposition or fair as described	22270
in division (K) of this section.	22271

Sec. 3769.20.  (A) To encourage the renovation of existing	22272
racing facilities for the benefit of the public, breeders, and	22273
horse owners and to increase the revenue to the state from the	22274
increase in pari-mutuel wagering resulting from such improvement,	22275
the taxes paid by a permit holder to the state, in excess of the	22276
amount paid to into the PASSPORT fund, shall be reduced by one per	22277
cent of the total amount wagered for those permit holders who	22278
carry out a major capital improvement project. The percentage of	22279
the reduction that may be taken each racing day shall equal	22280
seventy-five per cent of the amount of the tax levied under	22281
divisions (B) and (C) of section 3769.08, section 3769.087, and	22282
division (F)(2) of section 3769.26 of the Revised Code, as	22283
applicable, divided by the calculated amount each fund should	22284
receive under divisions (B) and (C) of section 3769.08, section	22285
3769.087, and division (F)(2) of section 3769.26 of the Revised	22286
Code and the reduction provided for in this section. If the	22287
resulting percentage is less than one, that percentage shall be	22288
multiplied by the amount of the reduction provided for in this	22289
section. Otherwise, the permit holder shall receive the full	22290
reduction provided for in this section. The amount of the	22291
allowable reduction not received shall be carried forward and	22292
added to any other reduction balance and applied against future	22293
tax liability. After any reductions expire, any reduction carried	22294
forward shall be treated as a reduction as provided for in this	22295
section. If the amount of allowable abatement reduction exceeds	22296
the amount of taxes derived from a permit holder, the amount of	22297
the allowable abatement reduction not used may be carried forward	22298
and applied against future tax liability. If	22299

If more than one permit holder is authorized to conduct	22300
racing at the facility that is being improved, the cost of the	22301
major capital improvement project shall be allocated between or	22302
among all the permit holders in the ratio that each permit	22303
holder's number of racing days bears to the total number of racing	22304
days conducted at the facility. Such	22305

A reduction for a major capital improvement project shall	22306
start from the day racing is first conducted following the date on	22307
which the major capital improvement project is completed and the	22308
construction cost has been certified approved by the state racing	22309
commission, except as otherwise provided in division (E) of this	22310
section, and shall continue until the total tax reduction equals	22311
the cost of the major capital improvement project plus debt	22312
service applicable to the project. In no event, however, shall	22313
any tax reduction, excluding any reduction balances, be permitted	22314
under this section after December 31, 2014. The total tax	22315
reduction because of the major capital improvement project shall	22316
not during any one year exceed for all permit holders using any	22317
one track, one per cent of the total amount wagered. The racing	22318
commission shall notify the tax commissioner when the diminution	22319
reduction of tax begins and when it ends.	22320

(B) Each fiscal year, the racing commission shall submit a	22321
report to the tax commissioner, the office of budget and	22322
management, and the legislative budget office of the legislative	22323
service commission. The report shall identify each capital	22324
improvement project undertaken under this section and in progress	22325
at each race track, indicate the total cost of each such project,	22326
state the tax reduction that resulted from each such project	22327
during the immediately preceding fiscal year, estimate the tax	22328
reduction that will result from each such project during the	22329
current fiscal year, state the total tax reduction that resulted	22330
from all such projects at all race tracks during the immediately	22331
preceding fiscal year, and estimate the total tax reduction that	22332
will result from all such projects at all race tracks during the	22333
current fiscal year.	22334

(C) The tax reduction granted pursuant to this section shall	22335
be in addition to any tax reductions for capital improvements and	22336
new race tracks provided for in section 3769.08 of the Revised	22337
Code and approved by the racing commission prior to March 29,	22338
1988.	22339

(D) In order to qualify for the reduction in tax, a permit	22340
holder shall apply to the racing commission in such form as the	22341
commission may require and shall provide full details of the major	22342
capital improvement project, including plans and specifications, a	22343
schedule for the project's construction and completion, and a	22344
breakdown of proposed costs. In addition, the permit holder shall	22345
have commenced construction of the major capital improvement	22346
project or shall have had the application for the project approved	22347
by the racing commission prior to March 29, 1988. The racing	22348
commission shall not approve an application unless the permit	22349
holder shows that a contract for the major capital improvement	22350
project has been let under an unrestricted competitive bidding	22351
procedure, unless the contract is exempted by the controlling	22352
board because of its unusual nature. In determining whether to	22353
approve an application, the racing commission shall consider	22354
whether the major capital improvement project will promote the	22355
safety, convenience, and comfort of the racing public and horse	22356
owners and generally tend toward the improvement of racing in this	22357
state.	22358

(E) If the major capital improvement project is approved by	22359
the racing commission and construction has started, the tax	22360
adjustment reduction may be authorized by the commission upon	22361
presentation of copies of paid bills in excess of five hundred	22362
thousand dollars. After the initial authorization, the permit	22363
holder shall present copies of paid bills in the amount of not	22364
less than five hundred thousand dollars. If the permit holder is	22365
in substantial compliance with the schedule for construction and	22366
completion of the major capital improvement project, the racing	22367
commission may authorize the continuance of the tax adjustment	22368
reduction upon the presentation of such the additional paid bills	22369
in increments of five hundred thousand dollars. The racing	22370
commission may terminate the tax adjustment reduction if a permit	22371
holder fails to complete the major capital improvement project or	22372
fails to comply substantially with the schedule for construction	22373
and completion of the major capital improvement project. If the	22374
time for completion of the major capital improvement project is	22375
delayed by acts of God, strikes, or the unavailability of labor or	22376
materials, the time for completion as set forth in the schedule	22377
shall be extended by the period of the delay. If a permit holder	22378
fails to complete the major capital improvement project, the	22379
racing commission shall order the permit holder to repay to the	22380
state the total amount of tax reduced, unless the permit holder	22381
has spent at least six million dollars on the project. The normal	22382
tax paid by the permit holder under section 3769.08 of the Revised	22383
Code shall be increased by one per cent of the total amount	22384
wagered until the total amount of the additional tax collected	22385
equals the total amount of tax reduced. Any action taken by the	22386
racing commission pursuant to this section in terminating the tax	22387
adjustment or requiring repayment of the amount of tax reduced	22388
shall be subject to Chapter 119. of the Revised Code.	22389

(F) As used in this section, "major capital improvement	22390
project" means the renovation, reconstruction, or remodeling,	22391
costing at least six million dollars, of a race track facility,	22392
including, but not limited to, the construction of barns used	22393
exclusively for that race track facility, backstretch facilities	22394
for horsemen, paddock facilities, pari-mutuel and totalizator	22395
equipment and appurtenances to that equipment purchased by the	22396
track, new access roads, new parking areas, the complete	22397
reconstruction, reshaping, and leveling of the race track racing	22398
surface and appurtenances, grandstand enclosure, installation of	22399
permanent new heating or air conditioning, roof replacement, and	22400
installations of a permanent nature forming a part of the track	22401
structure.	22402

(G) The cost and expenses to which the tax reduction granted	22403
under this section applies shall be determined by generally	22404
accepted accounting principles and be verified by an audit of the	22405
permit holder's records, upon completion of the major capital	22406
improvement project, either by the racing commission or by an	22407
independent certified public accountant selected by the permit	22408
holder and approved by the commission.	22409

(H) This section and section 3769.201 of the Revised Code	22410
govern any tax reduction granted to a permit holder for the cost	22411
to the permit holder of any cleanup, repair, or improvement	22412
required as a result of damage caused by the 1997 Ohio river flood	22413
to the place, track, or enclosure for which the permit is issued.	22414

Sec. 3770.06.  (A) There is hereby created the state lottery	22415
gross revenue fund, which shall be in the custody of the treasurer	22416
of state but shall not be part of the state treasury. All gross	22417
revenues received from sales of lottery tickets, fines, fees, and	22418
related proceeds shall be deposited into the fund. The treasurer	22419
of state shall invest any portion of the fund not needed for	22420
immediate use in the same manner as, and subject to all provisions	22421
of law with respect to the investment of, state funds. The	22422
treasurer of state shall disburse money from the fund on order of	22423
the director of the state lottery commission or the director's	22424
designee. All revenues of the state lottery gross revenue fund	22425
that are not paid to holders of winning lottery tickets, that are	22426
not required to meet short-term prize liabilities, that are not	22427
paid to lottery sales agents in the form of agent bonuses,	22428
commissions, or reimbursements, and that are not paid to financial	22429
institutions to reimburse such those institutions for sales agent	22430
nonsufficient funds shall be transferred to the state lottery	22431
fund, which is hereby created in the state treasury. All	22432
investment earnings of the fund shall be credited to the fund.	22433
Moneys shall be disbursed from the state lottery fund pursuant to	22434
vouchers approved by the director of the state lottery commission.	22435
Total disbursements for monetary prize awards to holders of	22436
winning lottery tickets and purchases of goods and services	22437
awarded as prizes to holders of winning lottery tickets shall be	22438
of an amount equal to at least fifty per cent of the total revenue	22439
accruing from the sale of lottery tickets.	22440

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	22441
there is hereby established in the state treasury the lottery	22442
profits education fund. Whenever, in the judgment of the director	22443
of budget and management, the amount to the credit of the state	22444
lottery fund is in excess of that needed to meet the maturing	22445
obligations of the commission and as working capital for its	22446
further operations, the director shall transfer the excess to the	22447
lottery profits education fund, provided that the amount to be	22448
transferred into the lottery profits education fund shall equal no	22449
less than thirty per cent of the total revenue accruing from the	22450
sale of lottery tickets. Investment earnings of the lottery	22451
profits education fund shall be credited to the fund. There shall	22452
also be credited to the fund any repayments of moneys loaned from	22453
the educational excellence investment fund. The lottery profits	22454
education fund shall be used solely for the support of elementary,	22455
secondary, vocational, and special education programs as	22456
determined in appropriations made by the general assembly, or as	22457
provided in applicable bond proceedings for the payment of debt	22458
service on obligations issued to pay costs of capital facilities,	22459
including those for a system of common schools throughout the	22460
state pursuant to section 2n of Article VIII, Ohio Constitution.	22461
When determining the availability of money in the lottery profits	22462
education fund, the director of budget and management may consider	22463
all balances and estimated revenues of the fund.	22464

From the amounts that the director of budget and management	22465
transfers in any fiscal year from the state lottery fund to the	22466
lottery profits education fund, the director shall transfer the	22467
initial ten million dollars of such those amounts from the lottery	22468
profits education fund to the school building program bond service	22469
fund created in division (Q) of section 3318.26 of the Revised	22470
Code to be pledged for the purpose of paying bond service charges	22471
as defined in division (C) of section 3318.21 of the Revised Code	22472
on one or more issuances of obligations, which obligations are	22473
issued to provide moneys for the school building program	22474
assistance fund created in section 3318.25 of the Revised Code.	22475

(C) There is hereby established in the state treasury the	22476
deferred prizes trust fund. With the approval of the director of	22477
budget and management, an amount sufficient to fund annuity prizes	22478
shall be transferred from the state lottery fund and credited to	22479
the trust fund. The treasurer of state shall credit all earnings	22480
arising from investments purchased under this division to the	22481
fund. Within sixty days after the end of each fiscal year, the	22482
director of budget and management shall certify the amount of	22483
investment earnings necessary to have been credited to the trust	22484
fund during the fiscal year just ending to provide for continued	22485
funding of deferred prizes. Any earnings credited in excess of	22486
this certified amount shall be transferred to the lottery profits	22487
education fund. To provide all or a part of the amounts necessary	22488
to fund deferred prizes awarded by the commission, the treasurer	22489
of state, in consultation with the commission, may invest moneys	22490
contained in the deferred prizes trust fund in obligations of the	22491
type permitted for the investment of state funds but whose	22492
maturities are thirty years or less. Investments of the deferred	22493
prizes trust fund are not subject to the provisions of division	22494
(A)(10) of section 135.143 of the Revised Code limiting to five	22495
per cent the amount of the state's total average portfolio that	22496
may be invested in debt interests and limiting to one-half of one	22497
per cent the amount that may be invested in debt interests of a	22498
single issuer.	22499

All purchases made under this division shall be effected on a	22500
delivery versus payment method and shall be in the custody of the	22501
treasurer of state.	22502

The treasurer of state may retain an investment advisor, if	22503
necessary. The commission shall pay any costs incurred by the	22504
treasurer of state in retaining an investment advisor.	22505

(D) The auditor of state shall conduct annual audits of all	22506
funds and such any other audits as the auditor of state or the	22507
general assembly considers necessary. The auditor of state may	22508
examine all records, files, and other documents of the commission,	22509
and such records of lottery sales agents as that pertain to their	22510
activities as agents, for purposes of conducting authorized	22511
audits.	22512

The state lottery commission shall establish an internal	22513
audit program before the beginning of each fiscal year, subject to	22514
the approval of the auditor of state. At the end of each fiscal	22515
year, the commission shall prepare and submit an annual report to	22516
the auditor of state for the auditor of state's review and	22517
approval, specifying the internal audit work completed by the end	22518
of that fiscal year and reporting on compliance with the annual	22519
internal audit program. The form and content of the report shall	22520
be prescribed by the auditor of state under division (C) of	22521
section 117.20 of the Revised Code.	22522

(E) Whenever, in the judgment of the director of budget and	22523
management, an amount of net state lottery proceeds is necessary	22524
to be applied to the payment of debt service on obligations, all	22525
as defined in sections 151.01 and 151.03 of the Revised Code, the	22526
director shall transfer that amount directly from the state	22527
lottery fund or from the lottery profits education fund to the	22528
bond service fund defined in those sections. The provisions of	22529
this division (E) of this section are subject to any prior pledges	22530
or obligation of those amounts to the payment of bond service	22531
charges as defined in division (C) of section 3318.21 of the	22532
Revised Code, as referred to in division (B) of this section.	22533

Sec. 3793.04.  The department of alcohol and drug addiction	22534
services shall develop, administer, and revise as necessary a	22535
comprehensive statewide alcohol and drug addiction services plan	22536
for the implementation of this chapter. The plan shall emphasize	22537
abstinence from the use of alcohol and drugs of abuse as the	22538
primary goal of alcohol and drug addiction services. The council	22539
on alcohol and drug addiction services shall advise the department	22540
in the development and implementation of the plan.	22541

The plan shall provide for the allocation of state and	22542
federal funds for service furnished by alcohol and drug addiction	22543
programs under contract with boards of alcohol, drug addiction,	22544
and mental health services and for distribution of the funds to	22545
such boards. The plan shall specify the methodology that the	22546
department will use for determining how funds will be allocated	22547
and distributed. A portion of the funds shall be allocated on the	22548
basis of the ratio of the population of each alcohol, drug	22549
addiction, and mental health service district to the total	22550
population of the state as. The portion of the funds allocated on	22551
that basis for a fiscal year shall be not less than the average of	22552
the amount that was allocated on that basis the three previous	22553
fiscal years. The ratio shall be determined from the most recent	22554
federal census or the most recent official estimate made by the	22555
United States census bureau, whichever is more recent, except	22556
that, for fiscal year 2002, fifty per cent of the ratio shall be	22557
determined from the 1990 census and fifty per cent shall be	22558
determined from the 2000 census and, for fiscal year 2003,	22559
twenty-five per cent of the ratio shall be determined from the	22560
1990 census and seventy-five per cent shall be determined from the	22561
2000 census.	22562

The plan shall ensure that alcohol and drug addiction	22563
services of a high quality are accessible to, and responsive to	22564
the needs of, all persons, especially those who are members of	22565
underserved groups, including, but not limited to, African	22566
Americans, Hispanics, native Americans, Asians, juvenile and adult	22567
offenders, women, and persons with special services needs due to	22568
age or disability. The plan shall include a program to promote	22569
and protect the rights of those who receive services.	22570

To aid in formulating the plan and in evaluating the	22571
effectiveness and results of alcohol and drug addiction services,	22572
the department, in consultation with the department of mental	22573
health, shall establish and maintain an information system. The	22574
department of alcohol and drug addiction services shall specify	22575
the information that must be provided by boards of alcohol, drug	22576
addiction, and mental health services and by alcohol and drug	22577
addiction programs for inclusion in the system. The department	22578
shall not collect any information for the purpose of identifying	22579
by name any person who receives a service through a board, except	22580
as required by the state or federal law to validate appropriate	22581
reimbursement.	22582

In consultation with boards, programs, and persons receiving	22583
services, the department shall establish guidelines for the use of	22584
state and federal funds and for the boards' development of plans	22585
for services required by sections 340.033 and 3793.05 of the	22586
Revised Code.	22587

In any fiscal year, the department shall spend, or allocate	22588
to boards, for methadone maintenance programs or any similar	22589
programs not more than eight per cent of the total amount	22590
appropriated to the department for the fiscal year.	22591

Sec. 3902.23.  Beginning one hundred eighty days after rules	22592
adopted under section 3902.22 of the Revised Code take effect, no	22593
third-party payer shall fail to use the standard claim form and	22594
proof of loss prescribed in those rules, except as provided in	22595
section 3729.15 of the Revised Code.	22596

Sec. 3923.28.  (A) Every policy of group sickness and	22597
accident insurance providing hospital, surgical, or medical	22598
expense coverage for other than specific diseases or accidents	22599
only, and delivered, issued for delivery, or renewed in this state	22600
on or after January 1, 1979, and that provides coverage for mental	22601
or emotional disorders, shall provide benefits for services on an	22602
outpatient basis for each eligible person under the policy who	22603
resides in this state for mental or emotional disorders, or for	22604
evaluations, that are at least equal to five hundred fifty dollars	22605
in any calendar year or twelve-month period. The services shall	22606
be legally performed by or under the clinical supervision of a	22607
licensed physician or licensed psychologist, whether performed in	22608
an office, in a hospital, or in a community mental health facility	22609
so long as the hospital or community mental health facility is	22610
approved by the joint commission on accreditation of healthcare	22611
organizations, the council on accreditation for children and	22612
family services, or certified by the department of mental health	22613
as being in compliance with standards established under division	22614
(I) of section 5119.01 of the Revised Code the commission on	22615
accreditation of rehabilitation facilities.	22616

(B) For purposes of this section "community mental health	22617
facility" means a facility approved by a regional health planning	22618
agency or a facility providing services under a board of alcohol,	22619
drug addiction, and mental health services established under	22620
Chapter 340. of the Revised Code, except that where a board	22621
provides direct community mental health service, the approval of	22622
such a board, as to the adequacy of a specific program of such	22623
services that it provides as a community mental health facility	22624
shall be by the director of mental health.	22625

(C) Outpatient benefits offered under division (A) of this	22626
section shall be subject to reasonable contract limitations and	22627
may be subject to reasonable deductibles and co-insurance costs.	22628
Persons entitled to such benefit under more than one service or	22629
insurance contract may be limited to a single	22630
five-hundred-fifty-dollar outpatient benefit for services under	22631
all contracts.	22632

(D) In order to qualify for participation under division (A)	22633
of this section, every facility specified in such division shall	22634
have in effect a plan for utilization review and a plan for peer	22635
review and every person specified in such division shall have in	22636
effect a plan for peer review. Such plans shall have the purpose	22637
of ensuring high quality patient care and effective and efficient	22638
utilization of available health facilities and services.	22639

(E) Nothing in this section shall be construed to require an	22640
insurer to pay benefits which are greater than usual, customary,	22641
and reasonable.	22642

(F)(1) Services performed under the clinical supervision of	22643
a licensed physician or licensed psychologist, in order to be	22644
reimbursable under the coverage required in division (A) of this	22645
section, shall meet both of the following requirements:	22646

(a) The services shall be performed in accordance with a	22647
treatment plan that describes the expected duration, frequency,	22648
and type of services to be performed;	22649

(b) The plan shall be reviewed and approved by a licensed	22650
physician or licensed psychologist every three months.	22651

(2) Payment of benefits for services reimbursable under	22652
division (F)(1) of this section shall not be restricted to	22653
services described in the treatment plan or conditioned upon	22654
standards of clinical supervision that are more restrictive than	22655
standards of a licensed physician or licensed psychologist, which	22656
at least equal the requirements of division (F)(1) of this	22657
section.	22658

Sec. 3923.30.  Every person, the state and any of its	22659
instrumentalities, any county, township, school district, or other	22660
political subdivisions and any of its instrumentalities, and any	22661
municipal corporation and any of its instrumentalities, which	22662
provides payment for health care benefits for any of its employees	22663
resident in this state, which benefits are not provided by	22664
contract with an insurer qualified to provide sickness and	22665
accident insurance, or a health insuring corporation, shall	22666
include the following benefits in its plan of health care benefits	22667
commencing on or after January 1, 1979:	22668

(A) If such plan of health care benefits provides payment	22669
for the treatment of mental or nervous disorders, then such plan	22670
shall provide benefits for services on an outpatient basis for	22671
each eligible employee and dependent for mental or emotional	22672
disorders, or for evaluations, that are at least equal to the	22673
following:	22674

(1) Payments not less than five hundred fifty dollars in a	22675
twelve-month period, for services legally performed by or under	22676
the clinical supervision of a licensed physician or a licensed	22677
psychologist, whether performed in an office, in a hospital, or in	22678
a community mental health facility so long as the hospital or	22679
community mental health facility is approved by the joint	22680
commission on accreditation of hospitals or certified by the	22681
department of mental health as being in compliance with standards	22682
established under division (I) of section 5119.01 of the Revised	22683
Code healthcare organizations, the council on accreditation for	22684
children and family services, or the commission on accreditation	22685
of rehabilitation facilites;	22686

(2) Such benefit shall be subject to reasonable limitations,	22687
and may be subject to reasonable deductibles and co-insurance	22688
costs.	22689

(3) In order to qualify for participation under this	22690
division, every facility specified in this division shall have in	22691
effect a plan for utilization review and a plan for peer review	22692
and every person specified in this division shall have in effect a	22693
plan for peer review. Such plans shall have the purpose of	22694
ensuring high quality patient care and effective and efficient	22695
utilization of available health facilities and services.	22696

(4) Such payment for benefits shall not be greater than	22697
usual, customary, and reasonable.	22698

(5) For purposes of this division, "community mental health	22699
facility" means a facility as defined in section 3923.28 of the	22700
Revised Code.	22701

(6)(a) Services performed under the clinical supervision of	22702
a licensed physician or licensed psychologist, in order to be	22703
reimbursable under the coverage required in division (A) of this	22704
section, shall meet both of the following requirements:	22705

(i) The services shall be performed in accordance with a	22706
treatment plan that describes the expected duration, frequency,	22707
and type of services to be performed;	22708

(ii) The plan shall be reviewed and approved by a licensed	22709
physician or licensed psychologist every three months.	22710

(b) Payment of benefits for services reimbursable under	22711
division (A)(6)(a) of the section shall not be restricted to	22712
services described in the treatment plan or conditioned upon	22713
standards of a licensed physician or licensed psychologist, which	22714
at least equal the requirements of division (A)(6)(a) of this	22715
section.	22716

(B) Payment for benefits for alcoholism treatment for	22717
outpatient, inpatient, and intermediate primary care for each	22718
eligible employee and dependent that are at least equal to the	22719
following:	22720

(1) Payments not less than five hundred fifty dollars in a	22721
twelve-month period for services legally performed by or under the	22722
clinical supervision of a licensed physician or licensed	22723
psychologist, whether performed in an office, or in a hospital or	22724
a community mental health facility or alcoholism treatment	22725
facility so long as the hospital, community mental health	22726
facility, or alcoholism treatment facility is approved by the	22727
joint commission on accreditation of hospitals or certified by the	22728
department of health;	22729

(2) The benefits provided under this division shall be	22730
subject to reasonable limitations and may be subject to reasonable	22731
deductibles and co-insurance costs.	22732

(3) A licensed physician or licensed psychologist shall	22733
every three months certify a patient's need for continued services	22734
performed by such facilities.	22735

(4) In order to qualify for participation under this	22736
division, every facility specified in this division shall have in	22737
effect a plan for utilization review and a plan for peer review	22738
and every person specified in this division shall have in effect a	22739
plan for peer review. Such plans shall have the purpose of	22740
ensuring high quality patient care and efficient utilization of	22741
available health facilities and services. Such person or	22742
facilities shall also have in effect a program of rehabilitation	22743
or a program of rehabilitation and detoxification.	22744

(5) Nothing in this section shall be construed to require	22745
reimbursement for benefits which is greater than usual, customary,	22746
and reasonable.	22747

Sec. 4105.17.  (A) The fee for any inspection, or attempted	22748
inspection that, due to no fault of a general inspector or the	22749
division of industrial compliance, is not successfully completed,	22750
by a general inspector of an elevator required to be inspected	22751
under this chapter is thirty dollars plus five dollars for each	22752
floor where the elevator stops. The superintendent of the	22753
division of industrial compliance may assess a fee of thirty one	22754
hundred twenty-five dollars plus five dollars for each floor where	22755
an elevator stops for the reinspection of an elevator when a	22756
previous attempt to inspect that elevator has been unsuccessful	22757
through no fault of a general inspector or the division of	22758
industrial compliance. The fee for issuing or renewing a	22759
certificate of operation under section 4105.15 of the Revised Code	22760
is thirty-five dollars.	22761

(B) All other fees to be charged for any examination given	22762
or other service performed by the division of industrial	22763
compliance pursuant to this chapter shall be prescribed by the	22764
board of building standards established by section 3781.07 of the	22765
Revised Code. The fees shall be reasonably related to the costs	22766
of such examination or other service.	22767

(C) The board of building standards, subject to the approval	22768
of the controlling board, may establish fees in excess of the fees	22769
provided in division (A) of this section, provided that the fees	22770
do not exceed the amounts established in division (A) of this	22771
section by more than fifty per cent. Any moneys collected under	22772
this section shall be paid into the state treasury to the credit	22773
of the industrial compliance operating fund created in section	22774
121.084 of the Revised Code.	22775

(D) Any person who fails to pay an inspection fee required	22776
for any inspection conducted by the division pursuant to this	22777
chapter within forty-five days after the inspection is conducted	22778
shall pay a late payment fee equal to twenty-five per cent of the	22779
inspection fee.	22780

(E) In addition to the fee assessed in division (A) of this	22781
section, the board of building standards shall assess a fee of	22782
three dollars and twenty-five cents for each certificate of	22783
operation or renewal thereof issued under division (A) of this	22784
section and for each permit issued under section 4105.16 of the	22785
Revised Code. The board shall adopt rules, in accordance with	22786
Chapter 119. of the Revised Code, specifying the manner by which	22787
the superintendent of the division of industrial compliance shall	22788
collect and remit to the board the fees assessed under this	22789
division and requiring that remittance of the fees be made at	22790
least quarterly.	22791

Sec. 4115.10.  (A) No person, firm, corporation, or public	22792
authority that constructs a public improvement with its own	22793
forces, the total overall project cost of which is fairly	22794
estimated to be more than the amounts set forth in division (B)(1)	22795
or (2) of section 4115.03 of the Revised Code, adjusted biennially	22796
by the director of commerce pursuant to section 4115.034 of the	22797
Revised Code, shall violate the wage provisions of sections	22798
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	22799
require any employee to work for less than the rate of wages so	22800
fixed, or violate the provisions of section 4115.07 of the Revised	22801
Code. Any employee upon any public improvement, except an	22802
employee to whom or on behalf of whom restitution is made pursuant	22803
to division (C) of section 4115.13 of the Revised Code, who is	22804
paid less than the fixed rate of wages applicable thereto may	22805
recover from such person, firm, corporation, or public authority	22806
that constructs a public improvement with its own forces the	22807
difference between the fixed rate of wages and the amount paid to	22808
the employee and in addition thereto a sum equal to twenty-five	22809
per cent of that difference. The person, firm, corporation, or	22810
public authority who fails to pay the rate of wages so fixed also	22811
shall pay a penalty to the director of seventy-five per cent of	22812
the difference between the fixed rate of wages and the amount paid	22813
to the employees on the public improvement. The director shall	22814
deposit all moneys received from penalties paid to the director	22815
pursuant to this section into the penalty enforcement fund, which	22816
is hereby created. The penalty enforcement fund shall be in the	22817
custody of the treasurer of state but shall not be part of the	22818
state treasury. The director shall use the fund for the	22819
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	22820
The employee may file suit for recovery within sixty days of the	22821
director's determination of a violation of sections 4115.03 to	22822
4115.16 of the Revised Code or is barred from further action under	22823
this division. Where the employee prevails in a suit, the	22824
employer shall pay the costs and reasonable attorney's fees	22825
allowed by the court.	22826

(B) Any employee upon any public improvement who is paid	22827
less than the prevailing rate of wages applicable thereto may file	22828
a complaint in writing with the director upon a form furnished by	22829
the director. At the written request of any employee paid less	22830
than the prevailing rate of wages applicable, the director shall	22831
take an assignment of a claim in trust for the assigning employee	22832
and bring any legal action necessary to collect the claim. The	22833
employer shall pay the costs and reasonable attorney's fees	22834
allowed by the court if the employer is found in violation of	22835
sections 4115.03 to 4115.16 of the Revised Code.	22836

(C) If after investigation pursuant to section 4115.13 of	22837
the Revised Code, the director determines there is a violation of	22838
sections 4115.03 to 4115.16 of the Revised Code and a period of	22839
sixty days has elapsed from the date of the determination, and if:	22840

(1) No employee has brought suit pursuant to division (A) of	22841
this section;	22842

(2) No employee has requested that the director take an	22843
assignment of a wage claim pursuant to division (B) of this	22844
section;	22845

The director shall bring any legal action necessary to	22846
collect any amounts owed to employees and the bureau director. The	22847
director shall pay over to the affected employees the amounts	22848
collected to which the affected employees are entitled under	22849
division (A) of this section. In any action in which the director	22850
prevails, the employer shall pay the costs and reasonable	22851
attorney's fees allowed by the court.	22852

(D) Where persons are employed and their rate of wages has	22853
been determined as provided in section 4115.04 of the Revised	22854
Code, no person, either for self or any other person, shall	22855
request, demand, or receive, either before or after the person is	22856
engaged, that the person so engaged pay back, return, donate,	22857
contribute, or give any part or all of the person's wages, salary,	22858
or thing of value, to any person, upon the statement,	22859
representation, or understanding that failure to comply with such	22860
request or demand will prevent the procuring or retaining of	22861
employment, and no person shall, directly or indirectly, aid,	22862
request, or authorize any other person to violate this section.	22863
This division does not apply to any agent or representative of a	22864
duly constituted labor organization acting in the collection of	22865
dues or assessments of such organization.	22866

(E) The director shall enforce sections 4115.03 to 4115.16	22867
of the Revised Code.	22868

(F) For the purpose of supplementing existing resources and	22869
to assist in enforcing division (E) of this section, the director	22870
may contract with a person registered as a public accountant under	22871
Chapter 4701. of the Revised Code to conduct an audit of a person,	22872
firm, corporation, or public authority.	22873

Sec. 4121.44.  (A) The administrator of workers'	22874
compensation shall oversee the implementation of the Ohio workers'	22875
compensation qualified health plan system as established under	22876
section 4121.442 of the Revised Code.	22877

(B) The administrator shall direct the implementation of the	22878
health partnership program administered by the bureau as set forth	22879
in section 4121.441 of the Revised Code. To implement the health	22880
partnership program, the bureau:	22881

(1) Shall certify one or more external vendors, which shall	22882
be known as "managed care organizations," to provide medical	22883
management and cost containment services in the health partnership	22884
program for a period of two years beginning on the date of	22885
certification, consistent with the standards established under	22886
this section;	22887

(2) May recertify external vendors for additional periods of	22888
two years; and	22889

(3) May integrate the certified vendors with bureau staff	22890
and existing bureau services for purposes of operation and	22891
training to allow the bureau to assume operation of the health	22892
partnership program at the conclusion of the certification periods	22893
set forth in division (B)(1) or (2) of this section.	22894

(C) Any vendor selected shall demonstrate all of the	22895
following:	22896

(1) Arrangements and reimbursement agreements with a	22897
substantial number of the medical, professional and pharmacy	22898
providers currently being utilized by claimants.	22899

(2) Ability to accept a common format of medical bill data	22900
in an electronic fashion from any provider who wishes to submit	22901
medical bill data in that form.	22902

(3) A computer system able to handle the volume of medical	22903
bills and willingness to customize that system to the bureau's	22904
needs and to be operated by the vendor's staff, bureau staff, or	22905
some combination of both staffs.	22906

(4) A prescription drug system where pharmacies on a	22907
statewide basis have access to the eligibility and pricing, at a	22908
discounted rate, of all prescription drugs.	22909

(5) A tracking system to record all telephone calls from	22910
claimants and providers regarding the status of submitted medical	22911
bills so as to be able to track each inquiry.	22912

(6) Data processing capacity to absorb all of the bureau's	22913
medical bill processing or at least that part of the processing	22914
which the bureau arranges to delegate.	22915

(7) Capacity to store, retrieve, array, simulate, and model	22916
in a relational mode all of the detailed medical bill data so that	22917
analysis can be performed in a variety of ways and so that the	22918
bureau and its governing authority can make informed decisions.	22919

(8) Wide variety of software programs which translate	22920
medical terminology into standard codes, and which reveal if a	22921
provider is manipulating the procedures codes, commonly called	22922
"unbundling."	22923

(9) Necessary professional staff to conduct, at a minimum,	22924
authorizations for treatment, medical necessity, utilization	22925
review, concurrent review, post-utilization review, and have the	22926
attendant computer system which supports such activity and	22927
measures the outcomes and the savings.	22928

(10) Management experience and flexibility to be able to	22929
react quickly to the needs of the bureau in the case of required	22930
change in federal or state requirements.	22931

(D)(1) Information contained in a vendor's application for	22932
certification in the health partnership program, and other	22933
information furnished to the bureau by a vendor for purposes of	22934
obtaining certification or to comply with performance and	22935
financial auditing requirements established by the adminstrator,	22936
is for the exclusive use and information of the bureau in the	22937
discharge of its official duties, and shall not be open to the	22938
public or be used in any court in any proceeding pending therein,	22939
unless the bureau is a party to the action or proceeding, but the	22940
information may be tabulated and published by the bureau in	22941
statistical form for the use and information of other state	22942
departments and the public. No employee of the bureau, except as	22943
otherwise authorized by the administrator, shall divulge any	22944
information secured by the employee while in the employ of the	22945
bureau in respect to a vendor's application for certification or	22946
in respect to the business or other trade processes of any vendor	22947
to any person other than the administrator or to the employee's	22948
superior.	22949

(2) Notwithstanding the restrictions imposed by division	22950
(D)(1) of this section, the governor, members of select or	22951
standing committees of the senate or house of representatives, the	22952
auditor of state, the attorney general, or their designees,	22953
pursuant to the authority granted in this chapter and Chapter	22954
4123. of the Revised Code, may examine any vendor application or	22955
other information furnished to the bureau by the vendor. None of	22956
those individuals shall divulge any information secured in the	22957
exercise of that authority in respect to a vendor's application	22958
for certification or in respect to the business or other trade	22959
processes of any vendor to any person.	22960

(E) On and after January 1, 2001, a vendor shall not be any	22961
insurance company holding a certificate of authority issued	22962
pursuant to Title XXXIX of the Revised Code or any health insuring	22963
corporation holding a certificate of authority under Chapter 1751.	22964
of the Revised Code.	22965

(F) The administrator may limit freedom of choice of health	22966
care provider or supplier by requiring, beginning with the period	22967
set forth in division (B)(1) or (2) of this section, that	22968
claimants shall pay an appropriate out-of-plan copayment for	22969
selecting a medical provider not within the health partnership	22970
program as provided for in this section.	22971

(G) The administrator, six months prior to the expiration of	22972
the bureau's certification or recertification of the vendor or	22973
vendors as set forth in division (B)(1) or (2) of this section,	22974
may certify and provide evidence to the governor, the speaker of	22975
the house of representatives, and the president of the senate that	22976
the existing bureau staff is able to match or exceed the	22977
performance and outcomes of the external vendor or vendors and	22978
that the bureau should be permitted to internally administer the	22979
health partnership program upon the expiration of the	22980
certification or recertification as set forth in division (B)(1)	22981
or (2) of this section.	22982

(H) The administrator shall establish and operate a bureau	22983
of workers' compensation health care data program. The	22984
administrator may contract with the Ohio health care data center	22985
for such purposes. The administrator shall develop reporting	22986
requirements from all employees, employers and medical providers,	22987
medical vendors, and plans that participate in the workers'	22988
compensation system. The administrator shall do all of the	22989
following:	22990

(1) Utilize the collected data to measure and perform	22991
comparison analyses of costs, quality, appropriateness of medical	22992
care, and effectiveness of medical care delivered by all	22993
components of the workers' compensation system.	22994

(2) Compile data to support activities of the selected	22995
vendor or vendors and to measure the outcomes and savings of the	22996
health partnership program.	22997

(3) Publish and report compiled data to the governor, the	22998
speaker of the house of representatives, and the president of the	22999
senate on the first day of each January and July, the measures of	23000
outcomes and savings of the health partnership program and the	23001
qualified health plan system. The administrator shall protect the	23002
confidentiality of all proprietary pricing data.	23003

(I) Any rehabilitation facility the bureau operates is	23004
eligible for inclusion in the Ohio workers' compensation qualified	23005
health plan system or the health partnership program under the	23006
same terms as other providers within health care plans or the	23007
program.	23008

(J) In areas outside the state or within the state where no	23009
qualified health plan or an inadequate number of providers within	23010
the health partnership program exist, the administrator shall	23011
permit employees to use a nonplan or nonprogram health care	23012
provider and shall pay the provider for the services or supplies	23013
provided to or on behalf of an employee for an injury or	23014
occupational disease that is compensable under this chapter or	23015
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	23016
schedule the administrator adopts.	23017

(K) No certified health care provider shall charge, assess,	23018
or otherwise attempt to collect from an employee, employer, a	23019
managed care organization, or the bureau any amount for covered	23020
services or supplies that is in excess of the allowed amount paid	23021
by a managed care organization, the bureau, or a qualified health	23022
plan.	23023

(L) The administrator shall permit any employer or group of	23024
employers who agree to abide by the rules adopted under this	23025
section and sections 4121.441 and 4121.442 of the Revised Code to	23026
provide services or supplies to or on behalf of an employee for an	23027
injury or occupational disease that is compensable under this	23028
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	23029
through qualified health plans of the Ohio workers' compensation	23030
qualified health plan system pursuant to section 4121.442 of the	23031
Revised Code or through the health partnership program pursuant to	23032
section 4121.441 of the Revised Code. No amount paid under the	23033
qualified health plan system pursuant to section 4121.442 of the	23034
Revised Code by an employer who is a state fund employer shall be	23035
charged to the employer's experience or otherwise be used in	23036
merit-rating or determining the risk of that employer for the	23037
purpose of the payment of premiums under this chapter, and if the	23038
employer is a self-insuring employer, the employer shall not	23039
include that amount in the paid compensation the employer reports	23040
under section 4123.35 of the Revised Code.	23041

Sec. 4123.27.  Information contained in the annual statement	23042
provided for in section 4123.26 of the Revised Code, and such	23043
other information as may be furnished to the bureau of workers'	23044
compensation by employers in pursuance of that section, is for the	23045
exclusive use and information of the bureau in the discharge of	23046
its official duties, and shall not be open to the public nor be	23047
used in any court in any action or proceeding pending therein	23048
unless the bureau is a party to the action or proceeding; but the	23049
information contained in the statement may be tabulated and	23050
published by the bureau in statistical form for the use and	23051
information of other state departments and the public. No person	23052
in the employ of the bureau, except those who are authorized by	23053
the administrator of workers' compensation, shall divulge any	23054
information secured by the person while in the employ of the	23055
bureau in respect to the transactions, property, claim files,	23056
records, or papers of the bureau or in respect to the business or	23057
mechanical, chemical, or other industrial process of any company,	23058
firm, corporation, person, association, partnership, or public	23059
utility to any person other than the administrator or to the	23060
superior of such employee of the bureau.	23061

Notwithstanding the restrictions imposed by this section, the	23062
governor, select or standing committees of the general assembly,	23063
the auditor of state, the attorney general, or their designees,	23064
pursuant to the authority granted in this chapter and Chapter	23065
4121. of the Revised Code, may examine any records, claim files,	23066
or papers in possession of the industrial commission or the	23067
bureau. They also are bound by the privilege that attaches to	23068
these papers.	23069

The administrator shall report to the director of job and	23070
family services or to the county director of job and family	23071
services the name, address, and social security number or other	23072
identification number of any person receiving workers'	23073
compensation whose name or social security number or other	23074
identification number is the same as that of a person required by	23075
a court or child support enforcement agency to provide support	23076
payments to a recipient or participant of public assistance, and	23077
whose name is submitted to the administrator by the director under	23078
section 5101.36 of the Revised Code. The administrator also shall	23079
inform the director of the amount of workers' compensation paid to	23080
the person during such period as the director specifies.	23081

Within fourteen days after receiving from the director of job	23082
and family services a list of the names and social security	23083
numbers of recipients or participants of public assistance	23084
pursuant to section 5101.181 of the Revised Code, the	23085
administrator shall inform the auditor of state of the name,	23086
current or most recent address, and social security number of each	23087
person receiving workers' compensation pursuant to this chapter	23088
whose name and social security number are the same as that of a	23089
person whose name or social security number was submitted by the	23090
director. The administrator also shall inform the auditor of	23091
state of the amount of workers' compensation paid to the person	23092
during such period as the director specifies.	23093

The bureau and its employees, except for purposes of	23094
furnishing the auditor of state with information required by this	23095
section, shall preserve the confidentiality of recipients or	23096
participants of public assistance in compliance with division (A)	23097
of section 5101.181 of the Revised Code.	23098

For the purposes of this section, "public assistance" means	23099
medical assistance provided through the medical assistance program	23100
established under section 5111.01 of the Revised Code, Ohio works	23101
first provided under Chapter 5107. of the Revised Code,	23102
prevention, retention, and contingency assistance benefits and	23103
services provided under Chapter 5108. of the Revised Code, or	23104
disability assistance provided under Chapter 5115. of the Revised	23105
Code.	23106

Sec. 4301.43.  (A) As used in sections 4301.43 to 4301.50 of	23107
the Revised Code:	23108

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	23109
fluid ounces.	23110

(2) "Sale" or "sell" includes exchange, barter, gift,	23111
distribution, and, except with respect to A-4 permit holders,	23112
offer for sale.	23113

(B) For the purposes of providing revenues for the support	23114
of the state and encouraging the grape industries in the state, a	23115
tax is hereby levied on the sale or distribution of wine in Ohio,	23116
except for known sacramental purposes, at the rate of thirty cents	23117
per wine gallon for wine containing not less than four per cent of	23118
alcohol by volume and not more than fourteen per cent of alcohol	23119
by volume, ninety-eight cents per wine gallon for wine containing	23120
more than fourteen per cent but not more than twenty-one per cent	23121
of alcohol by volume, one dollar and eight cents per wine gallon	23122
for vermouth, and one dollar and forty-eight cents per wine gallon	23123
for sparkling and carbonated wine and champagne, the tax to be	23124
paid by the holders of A-2 and B-5 permits or by any other person	23125
selling or distributing wine upon which no tax has been paid. From	23126
the tax paid under this section on wine, vermouth, and sparkling	23127
and carbonated wine and champagne, the treasurer of state shall	23128
credit to the Ohio grape industries fund created under section	23129
924.54 of the Revised Code a sum equal to one cent per gallon for	23130
each gallon upon which the tax is paid.	23131

(C) For the purpose of providing revenues for the support of	23132
the state, there is hereby levied a tax on prepared and bottled	23133
highballs, cocktails, cordials, and other mixed beverages at the	23134
rate of one dollar and twenty cents per wine gallon to be paid by	23135
holders of A-4 permits or by any other person selling or	23136
distributing those products upon which no tax has been paid. Only	23137
one sale of the same article shall be used in computing the amount	23138
of tax due. The tax on mixed beverages to be paid by holders of	23139
A-4 permits under this section shall not attach until the	23140
ownership of the mixed beverage is transferred for valuable	23141
consideration to a wholesaler or retailer, and no payment of the	23142
tax shall be required prior to that time.	23143

(D) During the period from June 30, 1995, until of July 1,	23144
2001, through June 30, 2003, from the tax paid under this section	23145
on wine, vermouth, and sparkling and carbonated wine and	23146
champagne, the treasurer of state shall credit to the Ohio grape	23147
industries fund created under section 924.54 of the Revised Code a	23148
sum equal to two cents per gallon upon which the tax is paid. The	23149
amount credited under this division is in addition to the amount	23150
credited to the Ohio grape industries fund under division (B) of	23151
this section.	23152

(E) For the purpose of providing revenues for the support of	23153
the state, there is hereby levied a tax on cider at the rate of	23154
twenty-four cents per wine gallon to be paid by the holders of A-2	23155
and B-5 permits or by any other person selling or distributing	23156
cider upon which no tax has been paid. Only one sale of the same	23157
article shall be used in computing the amount of the tax due.	23158

Sec. 4504.05.  The moneys received from a county motor	23159
vehicle license tax shall be allocated and distributed as follows:	23160

(A) First, for payment of the costs and expenses incurred by	23161
the county in the enforcement and administration of the tax;	23162

(B) The remainder of such moneys shall be credited to funds	23163
as follows:	23164

(1) With respect to county motor vehicle tax moneys received	23165
under section 4504.02 of the Revised Code, that part of the total	23166
amount which is in the same proportion to the total as the number	23167
of motor vehicles registered in the municipal corporations in the	23168
county that did not levy a municipal motor vehicle license tax	23169
immediately prior to the adoption of the county motor vehicle	23170
license tax is to the total number of motor vehicles registered in	23171
the county in the most recent registration year, shall be placed	23172
in a separate fund to be allocated and distributed as provided in	23173
section 4504.04 of the Revised Code.	23174

The remaining portion shall be placed in the county motor	23175
vehicle license and gasoline tax fund and shall be allocated and	23176
disbursed only for the purposes specified in section 4504.02 of	23177
the Revised Code, other than paying all or part of the costs and	23178
expenses of municipal corporations in constructing,	23179
reconstructing, improving, maintaining, and repairing highways,	23180
roads, and streets designated as necessary and conducive to the	23181
orderly and efficient flow of traffic within and through the	23182
county pursuant to section 4504.03 of the Revised Code.	23183

(2) With respect to county motor vehicle tax moneys received	23184
under section 4504.15 of the Revised Code:	23185

(a) That arising from motor vehicles the district of	23186
registration of which is a municipal corporation within the county	23187
that is not levying the tax authorized by section 4504.17 of the	23188
Revised Code shall be allocated fifty per cent to the county and	23189
fifty per cent to such municipal corporation in an amount equal to	23190
the amount of the tax per motor vehicle registered during the	23191
preceding month in that part of the municipal corporation located	23192
within the county. Moneys allocated to a municipal corporation	23193
under this section shall be paid directly into the treasury of the	23194
municipal corporation as provided in section 4501.042 of the	23195
Revised Code and used only for the purposes described in section	23196
4504.06 of the Revised Code. The first distribution shall be made	23197
to a municipal corporation under this division in the second month	23198
after the county motor vehicle license tax is imposed under	23199
section 4504.15 of the Revised Code.	23200

(b) That arising from motor vehicles the district of	23201
registration of which is in an unincorporated area of the county	23202
shall be allocated seventy per cent to the county and thirty per	23203
cent to the townships in which the owners of the motor vehicles	23204
reside in an amount equal to the amount of the tax per motor	23205
vehicle owned by such a resident in each such township and	23206
registered during the preceding month in the county. The moneys	23207
allocated to townships shall be paid into the treasuries of the	23208
townships and shall be used only for the purposes described in	23209
section 4504.18 of the Revised Code. The first distribution shall	23210
be made under this division in the second month after the county	23211
motor vehicle license tax is imposed under section 4504.15 of the	23212
Revised Code.	23213

(3) With respect to county motor vehicle tax moneys received	23214
under section 4504.16 of the Revised Code:	23215

(a) That arising from motor vehicles the district of	23216
registration of which is a municipal corporation within the county	23217
that is not levying the tax authorized by section 4504.171 of the	23218
Revised Code shall be allocated to the county;	23219

(b) That Except as otherwise provided in division (B)(3)(b)	23220
of this section, that arising from motor vehicles the district of	23221
registration of which is in an unincorporated area of the county	23222
shall be allocated seventy per cent to the county and thirty per	23223
cent to the townships in which the owners of the motor vehicles	23224
reside in an amount equal to the amount of the tax per motor	23225
vehicle owned by such a resident in each such township and	23226
registered during the preceding month in the county. The	23227

A board of township trustees may pass a resolution	23228
requesting an increase in the percentage of moneys allocated to	23229
the township under division (B)(3)(b) of this section and, upon	23230
passage, shall forward the resolution to the board of county	23231
commissioners. Within ninety days after receipt of a resolution	23232
from a township requesting an increase in the percentage of moneys	23233
allocated to it, a board of county commissioners shall consider	23234
and may pass a resolution increasing the percentage of moneys	23235
allocated to a township under division (B)(3)(b) of this section.	23236
A board of county commissioners also may initiate and pass a	23237
resolution increasing the percentage of moneys allocated to a	23238
township under division (B)(3)(b) of this section. If a board of	23239
county commissioners passes a resolution under division (B)(3)(b)	23240
of this section, it shall forward the resolution to the county	23241
treasurer, and the resolution shall continue until revoked by the	23242
board of county commissioners. The county treasurer shall make	23243
the first distribution under any new allocation in the second	23244
month after receiving the resolution.	23245

The moneys allocated to townships shall be paid into the	23246
treasuries of the townships and shall be used only for the	23247
purposes described in section 4504.18 of the Revised Code. The	23248
first distribution shall be made under this division in the second	23249
month after the county motor vehicle license tax is imposed under	23250
section 4504.16 of the Revised Code.	23251

Sec. 4511.81.  (A) When any child who is in either or both	23252
of the following categories is being transported in a motor	23253
vehicle, other than a taxicab or public safety vehicle as defined	23254
in section 4511.01 of the Revised Code, that is registered in this	23255
state and is required by the United States department of	23256
transportation to be equipped with seat belts at the time of	23257
manufacture or assembly, the operator of the motor vehicle shall	23258
have the child properly secured in accordance with the	23259
manufacturer's instructions in a child restraint system that meets	23260
federal motor vehicle safety standards:	23261

(1) A child who is less than four years of age;

23262

(2) A child who weighs less than forty pounds.

23263

(B) When any child who is in either or both of the following	23264
categories is being transported in a motor vehicle, other than a	23265
taxicab, that is registered in this state and is owned, leased, or	23266
otherwise under the control of a nursery school, kindergarten, or	23267
day-care center, the operator of the motor vehicle shall have the	23268
child properly secured in accordance with the manufacturer's	23269
instructions in a child restraint system that meets federal motor	23270
vehicle safety standards:	23271

(1) A child who is less than four years of age;

23272

(2) A child who weighs less than forty pounds.

23273

(C) The director of public safety shall adopt such rules as	23274
are necessary to carry out this section.	23275

(D) The failure of an operator of a motor vehicle to secure	23276
a child in a child restraint system as required by this section is	23277
not negligence imputable to the child, is not admissible as	23278
evidence in any civil action involving the rights of the child	23279
against any other person allegedly liable for injuries to the	23280
child, is not to be used as a basis for a criminal prosecution of	23281
the operator of the motor vehicle other than a prosecution for a	23282
violation of this section, and is not admissible as evidence in	23283
any criminal action involving the operator of the motor vehicle	23284
other than a prosecution for a violation of this section.	23285

(E) This section does not apply when an emergency exists	23286
that threatens the life of any person operating a motor vehicle	23287
and to whom this section otherwise would apply or the life of any	23288
child who otherwise would be required to be restrained under this	23289
section.	23290

(F) If a person who is not a resident of this state is	23291
charged with a violation of division (A) or (B) of this section	23292
and does not prove to the court, by a preponderance of the	23293
evidence, that the person's use or nonuse of a child restraint	23294
system was in accordance with the law of the state of which the	23295
person is a resident, the court shall impose the fine levied by	23296
division (H)(2) of section 4511.99 of the Revised Code.	23297

(G) There is hereby created in the state treasury the "child	23298
highway safety fund," consisting of fines imposed pursuant to	23299
divisions (H)(1) and (2) of section 4511.99 of the Revised Code	23300
for violations of divisions (A) and (B) of this section. The	23301
money in the fund shall be used by the department of health only	23302
to defray the cost of verifying designating hospitals as pediatric	23303
trauma centers under section 3702.161 3727.081 of the Revised Code	23304
and to establish and administer a child highway safety program.	23305
The purpose of the program shall be to educate the public about	23306
child restraint systems generally and the importance of their	23307
proper use. The program also shall include a process for	23308
providing child restraint systems to persons who meet the	23309
eligibility criteria established by the department, and a	23310
toll-free telephone number the public may utilize to obtain	23311
information about child restraint systems and their proper use.	23312

The director of health, in accordance with Chapter 119. of	23313
the Revised Code, shall adopt any rules necessary to carry out	23314
this section, including rules establishing the criteria a person	23315
must meet in order to receive a child restraint system under the	23316
department's child restraint system program; provided that rules	23317
relating to the verification of pediatric trauma centers shall not	23318
be adopted under this section.	23319

Sec. 4701.10.  (A) The accountancy board, upon application,	23320
shall issue Ohio permits to practice public accounting to holders	23321
of the CPA certificate of certified public accountant issued under	23322
section 4701.06 or 4701.061 of the Revised Code and to persons	23323
registered under sections 4701.07 and 4701.09 of the Revised Code	23324
or the PA registration. Subject to division (D)(H)(1) of this	23325
section, there shall be a triennial Ohio permit fee in an amount	23326
to be determined by the board not to exceed one hundred fifty	23327
dollars. All Ohio permits shall expire on the last day of	23328
December of the year assigned by the board and, subject to	23329
division (D)(H)(1) of this section, shall be renewed triennially	23330
for a period of three years by certificate holders and registrants	23331
in good standing upon payment of a triennial renewal fee not to	23332
exceed one hundred fifty dollars. For the purpose of implementing	23333
this section and enforcing section 4701.11 of the Revised Code,	23334
the board may issue an Ohio permit for less than three years'	23335
duration. A prorated fee shall be determined by the board for	23336
that Ohio permit.	23337

(B) The accountancy board may issue Ohio registrations to	23338
holders of the CPA certificate and the PA registration who are not	23339
engaged in the practice of public accounting. Such persons shall	23340
not convey to the general public that they are actively engaged in	23341
the practice of public accounting in this state. Subject to	23342
division (H)(1) of this section, there shall be a triennial Ohio	23343
registration fee in an amount to be determined by the board but	23344
not exceeding fifty-five dollars. All Ohio registrations shall	23345
expire on the last day of December of the year assigned by the	23346
board and, subject to division (H)(1) of this section, shall be	23347
renewed triennially for a period of three years upon payment by	23348
certificate holders and registrants in good standing of a renewal	23349
fee not to exceed fifty-five dollars.	23350

(C) Any person who receives a CPA certificate and who	23351
applies for an initial Ohio permit or Ohio registration more than	23352
sixty days after issuance of the CPA certificate may, at the	23353
board's discretion, be subject to a late filing fee not exceeding	23354
one hundred dollars.	23355

(D) Any person to whom the board has issued an Ohio permit	23356
who is engaged in the practice of public accounting and who fails	23357
to renew the permit by the expiration date shall be subject to a	23358
late filing fee not exceeding one hundred dollars for each full	23359
month or part of a month after the expiration date in which such	23360
person did not possess a permit, up to a maximum of one thousand	23361
two hundred dollars. The board may waive or reduce the late	23362
filing fee for just cause upon receipt of a written request from	23363
such person.	23364

(E) Any person to whom the board has issued an Ohio permit	23365
or Ohio registration who is not engaged in the practice of public	23366
accounting and who fails to renew the permit or registration by	23367
the expiration date shall be subject to a late filing fee not	23368
exceeding fifty dollars for each full month or part of a month	23369
after the expiration date in which such person did not possess a	23370
permit or registration, up to a maximum of three hundred dollars.	23371
The board may waive or reduce the late filing fee for just cause	23372
upon receipt of a written request from such person.	23373

(F) Failure of any a CPA certificate holder or registrant PA	23374
registration holder to apply for a triennial either an Ohio permit	23375
to practice or an Ohio registration within three years one year	23376
from the expiration date of the Ohio permit to practice or Ohio	23377
registration last obtained or renewed, or three years one year	23378
from the date upon which the CPA certificate holder or registrant	23379
was granted a CPA certificate or registration, shall result in	23380
suspension of the CPA certificate or PA registration until all	23381
fees required under divisions (D) and (E) of this section have	23382
been paid, unless the board determines the failure to have been	23383
due to excusable neglect. In that case, the renewal fee or the	23384
fee for the issuance or renewal of the original Ohio permit or	23385
Ohio registration, as the case may be, shall be the amount that	23386
the board shall determine, but not in excess of fifty dollars plus	23387
the fee for each triennial period or part of a period the	23388
certificate holder or registrant did not have either an Ohio	23389
permit or an Ohio registration.	23390

(B) All certificate holders and registrants who are not in	23391
the practice of public accounting in this state shall register	23392
with the board every three years at a fee, not to exceed	23393
fifty-five dollars, established by the board. Such persons shall	23394
not convey to the general public that they are actively engaged in	23395
the practice of public accounting in this state.	23396

(C)(G) The board shall suspend the certificate or	23397
registration of any person failing to obtain an Ohio permit in	23398
accordance with this section, except that the board by rule may	23399
exempt persons from the requirement of holding an Ohio permit or	23400
Ohio registration for specified reasons, including, but not	23401
limited to, retirement, health reasons, military service, foreign	23402
residency, or other just cause.	23403

(D)(H)(1) On and after January 1, 1995, the The board, by	23404
rule adopted in accordance with Chapter 119. of the Revised Code,	23405
shall increase:	23406

(a) May provide for the issuance of Ohio permits and Ohio	23407
registrations for less than three years' duration at prorated	23408
fees;	23409

(b) Shall add a surcharge to the triennial Ohio permit and	23410
renewal Ohio registration fee imposed pursuant to this section by	23411
of at least fifteen dollars but no more than thirty dollars for a	23412
three-year Ohio permit or Ohio registration, at least ten dollars	23413
but no more than twenty dollars for a two-year Ohio permit or Ohio	23414
registration, and at least five dollars but no more than ten	23415
dollars for a one-year Ohio permit or Ohio registration.	23416

(2) Beginning with the first quarter of 1995 and each Each	23417
quarter thereafter, the board, for the purpose provided in section	23418
4743.05 of the Revised Code, shall certify to the director of	23419
budget and management the number of triennial Ohio permits and	23420
Ohio registrations issued or renewed under this chapter during the	23421
preceding quarter and the amount equal to that number times the	23422
amount by which of the triennial surcharge added to each Ohio	23423
permit and renewal Ohio registration fee is increased by the board	23424
under division (D)(H)(1) of this section.	23425

Sec. 4701.16.  (A) After notice and hearing as provided in	23426
Chapter 119. of the Revised Code, the accountancy board may	23427
discipline as described in division (B) of this section a person	23428
holding an Ohio permit, an Ohio registration, a firm registration,	23429
a CPA certificate, or a PA registration or any other person whose	23430
activities are regulated by the board for any one or any	23431
combination of the following causes:	23432

(1) Fraud or deceit in obtaining a firm registration or in	23433
obtaining a CPA certificate, a PA registration, an Ohio permit, or	23434
an Ohio registration;	23435

(2) Dishonesty, fraud, or gross negligence in the practice	23436
of public accounting;	23437

(3) Violation of any of the provisions of section 4701.14 of	23438
the Revised Code;	23439

(4) Violation of a rule of professional conduct promulgated	23440
by the board under the authority granted by this chapter;	23441

(5) Conviction of a felony under the laws of any state or of	23442
the United States;	23443

(6) Conviction of any crime, an element of which is	23444
dishonesty or fraud, under the laws of any state or of the United	23445
States;	23446

(7) Cancellation, revocation, suspension, or refusal to	23447
renew authority to practice as a certified public accountant, a	23448
public accountant, or a public accounting firm by any other state,	23449
for any cause other than failure to pay registration fees in that	23450
other state;	23451

(8) Suspension or revocation of the right to practice before	23452
any state or federal agency;	23453

(9) Failure of a holder of a CPA certificate or PA	23454
registration to obtain an Ohio permit or an Ohio registration, or	23455
the failure of a public accounting firm to obtain a firm	23456
registration;	23457

(10) Conduct discreditable to the public accounting	23458
profession or to the holder of an Ohio permit, Ohio registration,	23459
or foreign certificate;	23460

(11) Failure of a public accounting firm to comply with	23461
section 4701.04 of the Revised Code.	23462

(B) For any of the reasons specified in division (A) of this	23463
section, the board may do any of the following:	23464

(1) Revoke, suspend, or refuse to renew any CPA certificate	23465
or PA registration or any Ohio permit, Ohio registration, or firm	23466
registration;	23467

(2) Disqualify a person who is not a holder of an Ohio	23468
permit or a foreign certificate from owning an equity interest in	23469
a public accounting firm or qualified firm;	23470

(3) Publicly censure a registered firm or a holder of a CPA	23471
certificate, a PA registration, an Ohio permit, or an Ohio	23472
registration;	23473

(4) Levy against a registered firm or a holder of a CPA	23474
certificate, a PA registration, an Ohio permit, or an Ohio	23475
registration a penalty or fine not to exceed one five thousand	23476
dollars for each offense. Any fine shall be reasonable and in	23477
relation to the severity of the offense.	23478

(5) In the case of violations of division (A)(2) or (4) of	23479
this section, require completion of remedial continuing education	23480
programs prescribed by the board in addition to those required by	23481
section 4701.11 of the Revised Code;	23482

(6) In the case of violations of division (A)(2) or (4) of	23483
this section, require the holder of a CPA certificate, PA	23484
registration, or firm registration to submit to a peer review by a	23485
professional committee designated by the board, which committee	23486
shall report to the board concerning that holder's compliance with	23487
generally accepted accounting principles, generally accepted	23488
auditing standards, or other generally accepted technical	23489
standards;	23490

(7) Revoke or suspend the privileges to offer or render	23491
attest services in this state or to use a CPA title or designation	23492
in this state of an individual who holds a foreign certificate.	23493

(C) If the board levies a fine against or suspends the	23494
certificate of a person or registration of a person or firm for a	23495
violation of division (A)(2) or (4) of this section, it may waive	23496
all or any portion of the fine or suspension if the holder of the	23497
CPA certificate, PA registration, or firm registration complies	23498
fully with division (B)(5) or (6) of this section.	23499

Sec. 4713.10.  The state board of cosmetology shall charge	23500
and collect the following fees:	23501

(A) For application to take the examination for a license to	23502
practice cosmetology, or any branch thereof, twenty-one dollars;	23503

(B) For the re-examination of any applicant who has	23504
previously failed to pass the examination, fourteen twenty-one	23505
dollars;	23506

(C) For the issuance or renewal of a cosmetology,	23507
manicurist, or esthetics instructor's license, thirty dollars;	23508

(D) For the issuance or renewal of a managing	23509
cosmetologist's, managing manicurist's, or managing esthetician's	23510
license, thirty dollars;	23511

(E) For the issuance or renewal of a cosmetology school	23512
license, two hundred fifty dollars;	23513

(F) For the inspection and issuance of a new beauty salon,	23514
nail salon, or esthetics salon or the change of name or ownership	23515
of a beauty salon, nail salon, or esthetics salon license, sixty	23516
dollars;	23517

(G) For the renewal of a beauty salon, nail salon, or	23518
esthetics salon license, fifty dollars;	23519

(H) For the issuance or renewal of a cosmetologist's,	23520
manicurist's, or esthetician's license, thirty dollars;	23521

(I) For the restoration of any lapsed license which may be	23522
restored pursuant to section 4713.11 of the Revised Code, and in	23523
addition to the payments required by that section, thirty dollars;	23524

(J) For the issuance of a license under section 4713.09 of	23525
the Revised Code, sixty dollars;	23526

(K) For the issuance of a duplicate of any license, fifteen	23527
dollars;	23528

(L) For the preparation and mailing of a licensee's records	23529
to another state for a reciprocity license, fifty dollars;	23530

(M) For the processing of any fees related to a check from a	23531
licensee returned to the board for insufficient funds, an	23532
additional twenty dollars.	23533

Each applicant shall, in addition to the fees specified,	23534
furnish the applicant's own models.	23535

Sec. 4715.03.  (A) The state dental board shall organize by	23536
the election from its members of a president and a secretary. It	23537
shall hold meetings monthly at least eight months a year at such	23538
times and places as the board designates. A majority of the	23539
members of the board shall constitute a quorum. The board shall	23540
make such reasonable rules as it determines necessary pursuant to	23541
Chapter 119. of the Revised Code.	23542

(B) A concurrence of a majority of the members of the board	23543
shall be required to grant, refuse, suspend, place on probationary	23544
status, revoke, refuse to renew, or refuse to reinstate a license	23545
or censure a license holder.	23546

(C) The board shall adopt rules establishing standards for	23547
the safe practice of dentistry and dental hygiene by qualified	23548
practitioners and shall, through its policies and activities,	23549
promote such practice.	23550

The board shall adopt rules in accordance with Chapter 119.	23551
of the Revised Code establishing universal blood and body fluid	23552
precautions that shall be used by each person licensed under this	23553
chapter who performs exposure prone invasive procedures. The	23554
rules shall define and establish requirements for universal blood	23555
and body fluid precautions that include the following:	23556

(1) Appropriate use of hand washing;

23557

(2) Disinfection and sterilization of equipment;

23558

(3) Handling and disposal of needles and other sharp	23559
instruments;	23560

(4) Wearing and disposal of gloves and other protective	23561
garments and devices.	23562

(D) The board shall administer and enforce the provisions of	23563
this chapter. The board shall investigate evidence which appears	23564
to show that any person has violated any provision of this	23565
chapter. Any person may report to the board under oath any	23566
information such person may have appearing to show a violation of	23567
any provision of this chapter. In the absence of bad faith, any	23568
person who reports such information or who testifies before the	23569
board in any disciplinary proceeding conducted pursuant to Chapter	23570
119. of the Revised Code is not liable for civil damages as a	23571
result of his making the report or providing testimony. If after	23572
investigation the board determines that there are reasonable	23573
grounds to believe that a violation of this chapter has occurred,	23574
the board shall conduct disciplinary proceedings pursuant to	23575
Chapter 119. of the Revised Code or provide for a license holder	23576
to participate in the quality intervention program established	23577
under section 4715.031 of the Revised Code. The board shall not	23578
dismiss any complaint or terminate any investigation except by a	23579
majority vote of its members. For the purpose of any disciplinary	23580
proceeding or any investigation conducted prior to a disciplinary	23581
proceeding under this division, the board may administer oaths,	23582
order the taking of depositions, issue subpoenas, compel the	23583
attendance and testimony of persons at depositions and compel the	23584
production of books, accounts, papers, documents, or other	23585
tangible things. The hearings and investigations of the board	23586
shall be considered civil actions for the purposes of section	23587
2305.251 of the Revised Code. Notwithstanding section 121.22 of	23588
the Revised Code, proceedings of the board relative to the	23589
investigation of a complaint or the determination whether there	23590
are reasonable grounds to believe that a violation of this chapter	23591
has occurred are confidential and are not subject to discovery in	23592
any civil action.	23593

(E) The board shall examine or cause to be examined eligible	23594
applicants to practice dentistry and dental hygiene. The board may	23595
distinguish by rule different classes of qualified personnel	23596
according to skill levels and require all or only certain of these	23597
classes of qualified personnel to be examined and certified by the	23598
board.	23599

(F) In accordance with Chapter 119. of the Revised Code, the	23600
board shall adopt, and may amend or rescind, rules establishing	23601
the eligibility criteria, the application and permit renewal	23602
procedures, and safety standards applicable to a dentist licensed	23603
under this chapter who applies for a permit to employ or use	23604
conscious intravenous sedation. These rules shall include all of	23605
the following:	23606

(1) The eligibility requirements and application procedures	23607
for an eligible dentist to obtain a conscious intravenous sedation	23608
permit;	23609

(2) The minimum educational and clinical training standards	23610
required of applicants, which shall include satisfactory	23611
completion of an advanced cardiac life support course;	23612

(3) The facility equipment and inspection requirements;

23613

(4) Safety standards;

23614

(5) Requirements for reporting adverse occurrences.

23615

Sec. 4715.031. (A) The state dental board shall develop and	23616
implement a quality intervention program. The board may propose	23617
that the holder of a license issued by the board participate in	23618
the program if the board determines pursuant to an investigation	23619
conducted under section 4715.03 of the Revised Code that there are	23620
reasonable grounds to believe the license holder has violated a	23621
provision of this chapter due to a clinical or communication	23622
problem that could be improved through participation in the	23623
program and determines that the license holder's participation in	23624
the program is appropriate. The board shall refer a license	23625
holder who agrees to participate in the program to an educational	23626
and assessment service provider selected by the board.	23627

The board shall select educational and assessment service	23628
providers, which may include quality intervention program panels	23629
of case reviewers. A provider selected by the board to provide	23630
services to a license holder shall recommend to the board the	23631
educational and assessment services the license holder should	23632
receive under the program. The license holder may begin	23633
participation in the program if the board approves the services	23634
the provider recommends. The license holder shall pay the amounts	23635
charged by the provider for the services.	23636

The board shall monitor a license holder's progress in the	23637
program and determine whether the license holder has successfully	23638
completed the program. If the board determines that the license	23639
holder has successfully completed the program, it may continue to	23640
monitor the license holder, take other action it considers	23641
appropriate, or both. If the board determines that the license	23642
holder has not successfully completed the program, it shall	23643
commence disciplinary proceedings against the license holder under	23644
section 4715.03 of the Revised Code.	23645

The board may adopt rules in accordance with Chapter 119. of	23646
the Revised Code to further implement the quality intervention	23647
program.	23648

Sec. 4715.13.  Applicants for licenses to practice dentistry	23649
or for a general anesthesia permit or a conscious intravenous	23650
sedation permit shall pay to the secretary of the state dental	23651
board the following fees:	23652

(A) For license by examination, one hundred forty-one ninety	23653
dollars if issued in an odd-numbered year or two three hundred	23654
thirty-five seventeen dollars if issued in an even-numbered year;	23655

(B) For license by endorsement, one hundred forty-one ninety	23656
dollars if issued in an odd-numbered year or two three hundred	23657
thirty-five seventeen dollars if issued in an even-numbered year;	23658

(C) For duplicate license, to be granted upon proof of loss	23659
of the original, fifteen twenty dollars;	23660

(D) For a general anesthesia permit, ninety-four one hundred	23661
twenty-seven dollars;	23662

(E) For a conscious intravenous sedation permit, ninety-four	23663
one hundred twenty-seven dollars.	23664

The fee in division (A) of this section may be refunded to an	23665
applicant who is unavoidably prevented from attending the	23666
examination, or the applicant may be examined at the next regular	23667
or special meeting of the board without an additional fee.	23668

An applicant who fails the first examination may be	23669
re-examined at the next regular or special meeting of the board	23670
without an additional fee.	23671

Sec. 4715.14.  (A) Each person who is licensed to practice	23672
dentistry in Ohio shall, on or before the first day of January of	23673
each even-numbered year, register with the state dental board.	23674
The registration shall be made on a form prescribed by the board	23675
and furnished by the secretary, shall include the licensee's name,	23676
address, license number, and such other reasonable information as	23677
the board may consider necessary, and shall include payment of a	23678
biennial registration fee of one two hundred sixty-three twenty	23679
dollars. This fee shall be paid to the treasurer of state. All	23680
such registrations shall be in effect for the two-year period	23681
beginning on the first day of January of the even-numbered year	23682
and ending on the last day of December of the following	23683
odd-numbered year, and shall be renewed in accordance with the	23684
standard renewal procedure of sections 4745.01 to 4745.03 of the	23685
Revised Code. The failure of a licensee to renew the licensee's	23686
registration in accordance with this section shall result in an	23687
automatic suspension of the licensee's license to practice	23688
dentistry.	23689

(B) Any dentist whose license has been suspended under this	23690
section may be reinstated by the payment of the biennial	23691
registration fee and in addition thereto sixty eighty-one dollars	23692
to cover costs of the reinstatement; excepting that to any	23693
licensed dentist who desires to temporarily retire from practice,	23694
and who has given the board notice in writing to that effect, the	23695
board shall grant such a retirement, provided only that at that	23696
time all previous registration fees and additional costs of	23697
reinstatement have been paid.	23698

(C) Each dentist licensed to practice, whether a resident or	23699
not, shall notify the secretary in writing of any change in the	23700
dentist's office address or employment within ten days after such	23701
change has taken place. On the first day of July of every	23702
even-numbered year, the secretary shall issue a printed roster of	23703
the names and addresses so registered.	23704

Sec. 4715.16.  (A) Upon payment of a fee of seven ten	23705
dollars and fifty cents, the state dental board may without	23706
examination issue a limited resident's license to any person who	23707
is a graduate of a dental college, is authorized to practice in	23708
another state or country or qualified to take the regular	23709
licensing examination in this state, and furnishes the board	23710
satisfactory proof of having been appointed a dental resident at	23711
an accredited dental college in this state or at an accredited	23712
program of a hospital in this state, but has not yet been licensed	23713
as a dentist by the board. Any person receiving a limited	23714
resident's license may practice dentistry only in connection with	23715
programs operated by the dental college or hospital at which the	23716
person is appointed as a resident as designated on the person's	23717
limited resident's license, and only under the direction of a	23718
licensed dentist who is a member of the dental staff of the	23719
college or hospital or a dentist holding a current limited	23720
teaching license issued under division (B) of this section, and	23721
only on bona fide patients of such programs. The holder of a	23722
limited resident's license may be disciplined by the board	23723
pursuant to section 4715.30 of the Revised Code.	23724

(B) Upon payment of seventy-five one hundred one dollars and	23725
upon application endorsed by an accredited dental college in this	23726
state, the board may without examination issue a limited teaching	23727
license to a dentist who is a graduate of a dental college, is	23728
authorized to practice dentistry in another state or country, and	23729
has full-time appointment to the faculty of the endorsing dental	23730
college. A limited teaching license is subject to annual renewal	23731
in accordance with the standard renewal procedure of Chapter 4745.	23732
of the Revised Code, and automatically expires upon termination of	23733
the full-time faculty appointment. A person holding a limited	23734
teaching license may practice dentistry only in connection with	23735
programs operated by the endorsing dental college. The board may	23736
discipline the holder of a limited teaching license pursuant to	23737
section 4715.30 of the Revised Code.	23738

(C)(1) As used in this division:

23739

(a) "Continuing dental education practicum" or "practicum"	23740
means a course of instruction, approved by the American dental	23741
association, Ohio dental association, or academy of general	23742
dentistry, that is designed to improve the clinical skills of a	23743
dentist by requiring the dentist to participate in clinical	23744
exercises on patients.	23745

(b) "Director" means the person responsible for the operation	23746
of a practicum.	23747

(2) Upon payment of seventy-five one hundred one dollars and	23748
application endorsed by the director of a continuing dental	23749
education practicum, the board shall, without examination, issue a	23750
temporary limited continuing education license to a resident of a	23751
state other than Ohio who is licensed to practice dentistry in	23752
such state and is in good standing, is a graduate of an accredited	23753
dental college, and is registered to participate in the endorsing	23754
practicum. The determination of whether a dentist is in good	23755
standing shall be made by the board.	23756

A dentist holding a temporary limited continuing education	23757
license may practice dentistry only on residents of the state in	23758
which the dentist is permanently licensed or on patients referred	23759
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	23760
the Revised Code to an instructing dentist licensed pursuant to	23761
one of those sections, and only while participating in a required	23762
clinical exercise of the endorsing practicum on the premises of	23763
the facility where the practicum is being conducted.	23764

Practice under a temporary limited continuing education	23765
license shall be under the direct supervision and full	23766
professional responsibility of an instructing dentist licensed	23767
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	23768
be limited to the performance of those procedures necessary to	23769
complete the endorsing practicum, and shall not exceed thirty days	23770
of actual patient treatment in any year.	23771

(3) A director of a continuing dental education practicum	23772
who endorses an application for a temporary limited continuing	23773
education license shall, prior to making the endorsement, notify	23774
the state dental board in writing of the identity of the sponsors	23775
and the faculty of the practicum and the dates and locations at	23776
which it will be offered. The notice shall also include a brief	23777
description of the course of instruction. The board may prohibit	23778
a continuing dental education practicum from endorsing	23779
applications for temporary limited continuing education licenses	23780
if the board determines that the practicum is engaged in	23781
activities that constitute a threat to public health and safety or	23782
do not constitute bona fide continuing dental education, or that	23783
the practicum permits activities which otherwise violate this	23784
chapter. Any continuing dental education practicum prohibited	23785
from endorsing applications may request an adjudication pursuant	23786
to Chapter 119. of the Revised Code.	23787

A temporary limited continuing education license shall be	23788
valid only when the dentist is participating in the endorsing	23789
continuing dental education practicum and shall expire at the end	23790
of one year. If the dentist fails to complete the endorsing	23791
practicum in one year, the board may, upon the dentist's	23792
application and payment of a fee of seventy-five dollars, renew	23793
the temporary limited continuing education license for a	23794
consecutive one-year period. Only two renewals may be granted.	23795
The holder of a temporary limited continuing education license may	23796
be disciplined by the board pursuant to section 4715.30 of the	23797
Revised Code.	23798

(D) The board shall act either to approve or to deny any	23799
application for a limited license pursuant to division (A), (B),	23800
or (C) of this section not later than sixty days of the date the	23801
board receives the application.	23802

Sec. 4715.21.  Each person who desires to practice as a	23803
dental hygienist shall file with the secretary of the state dental	23804
board a written application for a license, under oath, upon the	23805
form prescribed. Such applicant shall furnish satisfactory proof	23806
of being at least eighteen years of age and of good moral	23807
character. An applicant shall present a diploma or certificate of	23808
graduation from an accredited dental hygiene school and shall pay	23809
the examination fee of seventy-one ninety-six dollars if the	23810
license is issued in an odd-numbered year or one hundred nine	23811
forty-seven dollars if issued in an even-numbered year. Those	23812
passing such examination as the board prescribes relating to	23813
dental hygiene shall receive a certificate of registration	23814
entitling them to practice. If an applicant fails to pass the	23815
first examination the applicant may apply for a re-examination at	23816
the next regular or special examination meeting of the board.	23817

No applicant shall be admitted to more than two examinations	23818
without first presenting satisfactory proof that the applicant has	23819
successfully completed such refresher courses in an accredited	23820
dental hygiene school as the state dental board may prescribe.	23821

An accredited dental hygiene school shall be one accredited	23822
by the council on dental education of the American dental	23823
association or whose educational standards are recognized by the	23824
council on dental education of the American dental association and	23825
approved by the state dental board.	23826

Sec. 4715.24.  (A) Each person who is licensed to practice	23827
as a dental hygienist in Ohio shall, on or before the first day of	23828
January of each even-numbered year, register with the state dental	23829
board. The registration shall be made on a form prescribed by the	23830
board and furnished by the secretary, shall include the licensee's	23831
name, address, license number, and such other reasonable	23832
information as the board may consider necessary, and shall include	23833
payment of a biennial registration fee of seventy-five one hundred	23834
one dollars. This fee shall be paid to the treasurer of state.	23835
All such registrations shall be in effect for the two-year period	23836
beginning on the first day of January of each even-numbered year	23837
and ending on the last day of December of the following	23838
odd-numbered year, and shall be renewed in accordance with the	23839
standard renewal procedure of sections 4745.01 to 4745.03 of the	23840
Revised Code. The failure of a licensee to renew registration in	23841
accordance with this section shall result in the automatic	23842
suspension of the licensee's license to practice as a dental	23843
hygienist.	23844

(B) Any dental hygienist whose license has been suspended	23845
under this section may be reinstated by the payment of the	23846
biennial registration fee and in addition thereto twenty-three	23847
thirty-one dollars to cover the costs of reinstatement.	23848

(C) The license of a dental hygienist shall be exhibited in	23849
a conspicuous place in the room in which the dental hygienist	23850
practices. Each dental hygienist licensed to practice, whether a	23851
resident or not, shall notify the secretary in writing of any	23852
change in the dental hygienist's office address or employment	23853
within ten days after the change takes place.	23854

Sec. 4715.27.  The state dental board may issue a license to	23855
an applicant who furnishes satisfactory proof of being at least	23856
eighteen years of age, of good moral character and who	23857
demonstrates, to the satisfaction of the board, knowledge of the	23858
laws, regulations, and rules governing the practice of a dental	23859
hygienist; who proves, to the satisfaction of the board, intent to	23860
practice as a dental hygienist in this state; who is a graduate	23861
from an accredited school of dental hygiene and who holds a	23862
license by examination from a similar dental board, and who passes	23863
an examination as prescribed by the board relating to dental	23864
hygiene.	23865

Upon payment of forty-three fifty-eight dollars and upon	23866
application endorsed by an accredited dental hygiene school in	23867
this state, the state dental board may without examination issue a	23868
teacher's certificate to a dental hygienist, authorized to	23869
practice in another state or country. A teacher's certificate	23870
shall be subject to annual renewal in accordance with the standard	23871
renewal procedure of sections 4745.01 to 4745.03 of the Revised	23872
Code, and shall not be construed as authorizing anything other	23873
than teaching or demonstrating the skills of a dental hygienist in	23874
the educational programs of the accredited dental hygiene school	23875
which endorsed the application.	23876

Sec. 4717.02.  (A) There is hereby created the board of	23877
embalmers and funeral directors consisting of seven members to be	23878
appointed by the governor with the advice and consent of the	23879
senate. Four Five members shall be licensed embalmers and	23880
practicing funeral directors, each with at least ten consecutive	23881
years of experience in this state immediately preceding the date	23882
of the person's appointment. One member; one of these members	23883
shall be knowledgeable and experienced in operating a crematory	23884
and is not required to be, but may be, a licensed embalmer or	23885
funeral director. Two members shall represent the public; at	23886
least one of the two these members shall be at least sixty years	23887
of age.	23888

(B) Terms of office are for five years, commencing on the	23889
first day of July and ending on the last day of June. Each	23890
member shall hold office from the date of the member's appointment	23891
until the end of the term for which the member was appointed.	23892
Before entering upon the duties of the office, each member shall	23893
take and file with the secretary of state an oath of office as	23894
required by Section 7 of Article XV, Ohio Constitution.	23895

(C) The governor may remove a member of the board for	23896
neglect of duty, incompetency, or immoral conduct. Vacancies	23897
shall be filled in the manner provided for original appointments.	23898
Any member appointed to fill a vacancy occurring prior to the	23899
expiration date of the term for which the member's predecessor was	23900
appointed shall hold office as a member for the remainder of that	23901
term. A member shall continue in office subsequent to the	23902
expiration date of the member's term until the member's successor	23903
takes office, or until a period of sixty days has elapsed,	23904
whichever occurs first.	23905

(D) Each member of the board shall receive an amount fixed	23906
under division (J) of section 124.15 of the Revised Code for each	23907
day, not to exceed sixty days per year, employed in the discharge	23908
of the member's duties as a board member, together with any	23909
necessary expenses incurred in the performance of those duties.	23910

Sec. 4717.07.  (A) The board of embalmers and funeral	23911
directors shall charge and collect the following fees:	23912

(1) For the issuance of an initial embalmer's or funeral	23913
director's license, five dollars;	23914

(2) For the issuance of an embalmer or funeral director	23915
registration, twenty-five dollars;	23916

(3) For filing an embalmer or funeral director certificate	23917
of apprenticeship, ten dollars;	23918

(4) For the application to take the examination for a	23919
license to practice as an embalmer or funeral director, or to	23920
retake a section of the examination, thirty-five dollars;	23921

(5) For the biennial renewal of an embalmer's or funeral	23922
director's license, sixty one hundred twenty dollars;	23923

(6) For the initial issuance and renewal of a license to	23924
operate a funeral home, one hundred twenty-five dollars and	23925
biennial renewal of a license to operate a funeral home, two	23926
hundred fifty dollars;	23927

(7) For the reinstatement of a lapsed embalmer's or funeral	23928
director's license, the renewal fee prescribed in division (A)(5)	23929
of this section plus fifty dollars for each month or portion of a	23930
month the license is lapsed until reinstatement;	23931

(8) For the reinstatement of a lapsed license to operate a	23932
funeral home, the renewal fee prescribed in division (A)(6) of	23933
this section plus fifty dollars for each month or portion of a	23934
month the license is lapsed until reinstatement;	23935

(9) For the initial issuance and renewal of a license to	23936
operate an embalming facility, one hundred dollars and biennial	23937
renewal of a license to operate an embalming facility, two hundred	23938
dollars;	23939

(10) For the reinstatement of a lapsed license to operate an	23940
embalming facility, the renewal fee prescribed in division (A)(9)	23941
of this section plus fifty dollars for each month or portion of a	23942
month the license is lapsed until reinstatement;	23943

(11) For the initial issuance and renewal of a license to	23944
operate a crematory facility, one hundred dollars and biennial	23945
renewal of a license to operate a crematory facility, two hundred	23946
dollars;	23947

(12) For the reinstatement of a lapsed license to operate a	23948
crematory facility, the renewal fee prescribed in division (A)(11)	23949
of this section plus fifty dollars for each month or portion of a	23950
month the license is lapsed until reinstatement;	23951

(13) For the issuance of a duplicate of a license issued	23952
under this chapter, four dollars.	23953

(B) In addition to the fees set forth in division (A) of	23954
this section, an applicant shall pay the examination fee assessed	23955
by any examining agency the board uses for any section of an	23956
examination required under this chapter.	23957

(C) Subject to the approval of the controlling board, the	23958
board of embalmers and funeral directors may establish fees in	23959
excess of the amounts set forth in this section, provided that	23960
these fees do not exceed the amounts set forth in this section by	23961
more than fifty per cent.	23962

Sec. 4717.08.  (A) Every license issued under this chapter	23963
expires on the last day of December of the each even-numbered year	23964
of its issuance and shall be renewed on or before that date	23965
according to the standard license renewal procedure set forth in	23966
Chapter 4745. of the Revised Code. Licenses not renewed by the	23967
last day of December of each even-numbered year are lapsed.	23968

(B) A holder of a lapsed license to operate a funeral home,	23969
license to operate an embalming facility, or license to operate a	23970
crematory facility may reinstate the license with the board by	23971
paying the lapsed license fee established under section 4717.07 of	23972
the Revised Code.	23973

(C) A holder of a lapsed embalmer's or funeral director's	23974
license may reinstate the license with the board by paying the	23975
lapsed license fee established under section 4717.07 of the	23976
Revised Code, except that if the license is lapsed for more than	23977
one hundred eighty days after its expiration date, the holder also	23978
shall take and pass the Ohio laws examination for each license as	23979
a condition for reinstatement.	23980

Sec. 4717.09.  (A) Every two years, licensed embalmers and	23981
funeral directors shall attend between twelve and thirty hours of	23982
educational programs as a condition for renewal of their licenses.	23983
The board of embalmers and funeral directors shall determine, by	23984
rule, the educational programs that meet the continuing education	23985
requirements and the number of hours a licensee shall attend adopt	23986
rules governing the administration and enforcement of the	23987
continuing education requirements of this section. The board may	23988
contract with a professional organization or association or other	23989
third party to assist it in performing functions necessary to	23990
administer and enforce the continuing education requirements of	23991
this section. A professional organization or association or other	23992
third party with whom the board so contracts may charge a	23993
reasonable fee for performing these functions to licensees or to	23994
the persons who provide continuing education programs.	23995

(B) A person holding both an embalmer's license and a	23996
funeral director's license need meet only the continuing education	23997
requirements established by the board for one or the other of	23998
those licenses in order to satisfy the requirement of division (A)	23999
of this section.	24000

(C) The board shall not renew the license of a licensee who	24001
fails to meet the continuing education requirements of this	24002
section and who has not been granted a waiver or exemption under	24003
division (D) of this section.	24004

(D) Any licensee who fails to meet the continuing education	24005
requirements of this section because of undue hardship or	24006
disability, or who is not actively engaged in the practice of	24007
funeral directing or embalming in this state, may apply to the	24008
board for a waiver or an exemption. The board shall determine, by	24009
rule, the procedures for applying for a waiver or an exemption	24010
from continuing education requirements under this section and	24011
under what conditions a waiver or an exemption may be granted.	24012

Sec. 4723.062.  The board of nursing may solicit and accept	24013
grants and services to develop and maintain a program that	24014
addresses patient safety and health care issues related to the	24015
supply of and demand for nurses and other health care workers. The	24016
board shall not solicit or accept a grant or service that	24017
interferes with the board's independence or objectivity.	24018

All money received by the board under this section shall be	24019
deposited into the nursing special issue fund which is hereby	24020
created in the state treasury. The board shall use money in the	24021
fund to pay the costs it incurs in implementing this section.	24022

Sec. 4723.08.  (A) The board of nursing may impose fees not	24023
to exceed the following limits:	24024

(1) For application for licensure by examination to practice	24025
nursing as a registered nurse or as a licensed practical nurse,	24026
fifty dollars;	24027

(2) For application for licensure by endorsement to practice	24028
nursing as a registered nurse or as a licensed practical nurse,	24029
fifty dollars;	24030

(3) For application for a certificate of authority to	24031
practice nursing as a certified registered nurse anesthetist,	24032
clinical nurse specialist, certified nurse-midwife, or certified	24033
nurse practitioner, one hundred dollars;	24034

(4) For application for a temporary dialysis technician	24035
certificate, the amount specified in rules adopted under section	24036
4723.79 of the Revised Code;	24037

(5) For application for a full dialysis technician	24038
certificate, the amount specified in rules adopted under section	24039
4723.79 of the Revised Code;	24040

(6) For application for a certificate to prescribe, fifty	24041
dollars;	24042

(7) For verification of a nursing license, certificate of	24043
authority, or dialysis technician certificate to another	24044
jurisdiction, fifteen dollars;	24045

(8) For providing a replacement copy of a nursing license,	24046
certificate of authority, or dialysis technician certificate,	24047
fifteen dollars;	24048

(9) For biennial renewal of a nursing license that expires	24049
on or before August 31, 2003, thirty-five dollars;	24050

(10) Except as provided in division (C) of this section, for	24051
For biennial renewal of a nursing license that expires on or after	24052
September 1, 2003, forty-five dollars;	24053

(11) For biennial renewal of a certificate of authority to	24054
practice nursing as a certified registered nurse anesthetist,	24055
clinical nurse specialist, certified nurse mid-wife, or certified	24056
nurse practitioner that expires on or before August 31, 2005, one	24057
hundred dollars;	24058

(12) For biennial renewal of a certificate of authority to	24059
practice nursing as a certified registered nurse anesthetist,	24060
clinical nurse specialist, certified nurse-midwife, or certified	24061
nurse practitioner that expires on or after September 1, 2005,	24062
eighty-five dollars;	24063

(11)(13) For renewal of a certificate to prescribe, fifty	24064
dollars;	24065

(12)(14) For biennial renewal of a dialysis technician	24066
certificate, the amount specified in rules adopted under section	24067
4723.79 of the Revised Code;	24068

(13)(15) For processing a late application for renewal of a	24069
nursing license, certificate of authority, or dialysis technician	24070
certificate, fifty dollars;	24071

(14)(16) For application for authorization to approve	24072
continuing nursing education programs and courses from an	24073
applicant accredited by a national accreditation system for	24074
nursing, five hundred dollars;	24075

(15)(17) For application for authorization to approve	24076
continuing nursing education programs and courses from an	24077
applicant not accredited by a national accreditation system for	24078
nursing, one thousand dollars;	24079

(16)(18) For each year for which authorization to approve	24080
continuing nursing education programs and courses is renewed, one	24081
hundred fifty dollars;	24082

(17)(19) For application for approval to operate a dialysis	24083
training program, the amount specified in rules adopted under	24084
section 4723.79 of the Revised Code;	24085

(18)(20) For reinstatement of a lapsed nursing license or,	24086
certificate of authority, or dialysis technician certificate, one	24087
hundred dollars;	24088

(19)(21) For written verification of a nursing license,	24089
certificate of authority, or dialysis technician certificate,	24090
other than verification to another jurisdiction, five dollars. The	24091
board may contract for services pertaining to this verification	24092
process and the collection of the fee, and may permit the	24093
contractor to retain a portion of the fees as compensation, before	24094
any amounts are deposited into the state treasury.	24095

(22) For processing a check returned to the board by a	24096
financial institution as noncollectible, twenty-five dollars.	24097

(B) Each quarter, for purposes of transferring funds under	24098
section 4743.05 of the Revised Code to the nurse education	24099
assistance fund created in section 3333.28 of the Revised Code,	24100
the board of nursing shall certify to the director of budget and	24101
management the number of biennial licenses renewed under this	24102
chapter during the preceding quarter and the amount equal to that	24103
number times five dollars.	24104

(C) The fee for biennial renewal of a certificate of	24105
authority to practice nursing as a certified nurse-midwife,	24106
certified registered nurse anesthetist, certified nurse	24107
practitioner, or clinical nurse specialist that expires on or	24108
before August 31, 2005, is one hundred dollars.	24109

Sec. 4723.79.  The board of nursing shall adopt rules to	24110
administer and enforce sections 4723.71 to 4723.79 of the Revised	24111
Code. The board shall adopt the rules in accordance with Chapter	24112
119. of the Revised Code. The rules shall establish or specify	24113
all of the following:	24114

(A) The application process, fee, and requirements for	24115
approval, reapproval, and withdrawing the approval of a dialysis	24116
training program under section 4723.74 of the Revised Code. The	24117
requirements shall include standards that must be satisfied	24118
regarding curriculum, length of training, and instructions in	24119
patient care.	24120

(B) The application process, fee, and requirements for	24121
issuance of a certificate under section 4723.75 of the Revised	24122
Code, except that the amount of the fee shall be no greater than	24123
the fee charged under division (A)(1) of section 4723.08 of the	24124
Revised Code;	24125

(C) The application process, fee, and requirements for	24126
issuance of a temporary certificate under section 4723.76 of the	24127
Revised Code;	24128

(D) The process for approval of testing organizations under	24129
section 4723.751 of the Revised Code;	24130

(E) Subjects to be included in a certification examination	24131
provided for in division (B)(1) of section 4723.75 of the Revised	24132
Code;	24133

(F) The schedule, fees, and continuing education	24134
requirements for renewal of a certificate under section 4723.77 of	24135
the Revised Code, except that the fee for the renewal of a	24136
certificate shall be no greater than the fee charged under	24137
division (A)(9) of section 4723.08 of the Revised Code or,	24138
effective September 1, 2003, division (A)(10) of that section;	24139

(G) Standards and procedures for establishing and	24140
maintaining the dialysis registry required by section 4723.78 of	24141
the Revised Code, including standards and procedures that persons	24142
must follow in providing the information to be included in the	24143
registry;	24144

(H) Standards for the administration of medication by	24145
dialysis technicians under section 4723.72 of the Revised Code;	24146

(I) The information a dialysis provider is to provide to the	24147
board when attesting to a person's competence to perform dialysis;	24148

(J) Standards and procedures for the supervision of dialysis	24149
technicians who provide dialysis care in a patient's home,	24150
including monthly home visits by a registered nurse to monitor the	24151
quality of the dialysis care;	24152

(K) Any other procedures or requirements necessary for the	24153
administration and enforcement of sections 4723.71 to 4723.79 of	24154
the Revised Code.	24155

Sec. 4731.14.  (A) As used in this section, "graduate	24156
medical education" has the same meaning as in section 4731.091 of	24157
the Revised Code.	24158

(B) The state medical board shall issue its certificate to	24159
practice medicine and surgery or osteopathic medicine and surgery	24160
as follows:	24161

(1) The board shall issue its certificate to each individual	24162
who was admitted to the board's examination by meeting the	24163
educational requirements specified in division (B)(1) or (3) of	24164
section 4731.091 of the Revised Code if the individual passes the	24165
examination, pays a certificate issuance fee of three hundred	24166
dollars, and submits evidence satisfactory to the board that the	24167
individual has successfully completed not less than twelve months	24168
of graduate medical education or its equivalent as determined by	24169
the board.	24170

(2) Except as provided in section 4731.142 of the Revised	24171
Code, the board shall issue its certificate to each individual who	24172
was admitted to the board's examination by meeting the educational	24173
requirements specified in division (B)(2) of section 4731.091 of	24174
the Revised Code if the individual passes the examination, pays a	24175
certificate issuance fee of three hundred dollars, submits	24176
evidence satisfactory to the board that the individual has	24177
successfully completed not less than twenty-four months of	24178
graduate medical education through the second-year level of	24179
graduate medical education or its equivalent as determined by the	24180
board, and, if the individual passed the examination prior to	24181
completing twenty-four months of graduate medical education or its	24182
equivalent, the individual continues to meet the moral character	24183
requirements for admission to the board's examination.	24184

(C) Each certificate issued by the board shall be signed by	24185
its president and secretary, and attested by its seal. The	24186
certificate shall be on a form prescribed by the board and shall	24187
indicate the medical degree held by the individual to whom the	24188
certificate is issued. If the individual holds the degree of	24189
doctor of medicine, the certificate shall state that the	24190
individual is authorized to practice medicine and surgery pursuant	24191
to the laws of this state. If the individual holds the degree of	24192
doctor of osteopathic medicine, the certificate shall state that	24193
the individual is authorized to practice osteopathic medicine and	24194
surgery pursuant to the laws of this state. If the individual	24195
holds a medical degree other than the degree of doctor of medicine	24196
or doctor of osteopathic medicine, the certificate shall indicate	24197
the diploma, degree, or other document issued by the medical	24198
school or institution the individual attended and shall state that	24199
the individual is authorized to practice medicine and surgery	24200
pursuant to the laws of this state.	24201

(D) The certificate shall be prominently displayed in the	24202
certificate holder's office or place where a major portion of the	24203
certificate holder's practice is conducted and shall entitle the	24204
holder to practice either medicine and surgery or osteopathic	24205
medicine and surgery provided the certificate holder maintains	24206
current registration as required by section 4731.281 of the	24207
Revised Code and provided further that such certificate has not	24208
been revoked, suspended, or limited by action of the state medical	24209
board pursuant to this chapter.	24210

(E) An affirmative vote of not less than six members of the	24211
board is required for the issuance of a certificate.	24212

(F) If an individual receives an initial or renewed training	24213
certificate under section 4731.291 of the Revised Code and not	24214
later than four months thereafter applies for a certificate under	24215
this section, the fee required by division (B)(1) of this section	24216
shall be reduced by the amount of the fee paid for the training	24217
certificate.	24218

Sec. 4731.53.  At the time an applicant files an application,	24220
the applicant shall file with the secretary of the state medical	24221
board evidence of preliminary education showing that the applicant	24222
has satisfactorily completed at least two years of collegiate work	24223
in an approved college of arts and sciences in addition to high	24224
school graduation. When the entrance examiner finds the	24225
preliminary education of the applicant sufficient, the entrance	24226
examiner shall issue a certificate of preliminary examination upon	24227
the payment to the treasurer of the board of a fee of thirty-five	24228
dollars. Such certificate shall be attested by the secretary.	24229

The applicant shall also present a diploma from a college of	24230
podiatric medicine and surgery in good standing as defined by the	24231
board at the time the diploma was issued. The applicant shall	24232
present an affidavit that the applicant is the person named in the	24233
diploma and is the lawful possessor thereof stating the	24234
applicant's age, residence, the school at which the applicant	24235
obtained education in podiatric medicine and surgery, the time	24236
spent in the study of podiatric medicine and surgery, and such	24237
other facts as the board may require.	24238

The applicant shall also present proof of completion of one	24239
year of postgraduate training in a podiatric internship,	24240
residency, or clinical fellowship program accredited by the	24241
council on podiatric medical education or the American podiatric	24242
medical association.	24243

Sec. 4731.573.  (A) An individual seeking to pursue an	24244
internship, residency, or clinical fellowship program in podiatric	24245
medicine and surgery in this state, who does not hold a	24246
certificate to practice podiatric medicine and surgery issued	24247
under this chapter, shall apply to the state medical board for a	24248
training certificate. The application shall be made on forms that	24249
the board shall furnish and shall be accompanied by an application	24250
fee of seventy-five dollars.	24251

An applicant for a training certificate shall furnish to the	24252
board all of the following:	24253

(1) Evidence satisfactory to the board that the applicant is	24254
at least eighteen years of age and is of good moral character;	24255

(2) Evidence satisfactory to the board that the applicant	24256
has been accepted or appointed to participate in this state in one	24257
of the following:	24258

(a) An internship or residency program accredited by either	24259
the council on podiatric medical education or the American	24260
podiatric medical association;	24261

(b) A clinical fellowship program at an institution with a	24262
residency program accredited by either the council on podiatric	24263
medical education or the American podiatric medical association	24264
that is in a clinical field the same as or related to the clinical	24265
field of the fellowship program.	24266

(3) Information identifying the beginning and ending dates	24267
of the period for which the applicant has been accepted or	24268
appointed to participate in the internship, residency, or clinical	24269
fellowship program;	24270

(4) Any other information that the board requires.

24271

(B) If no grounds for denying a certificate under section	24272
4731.22 of the Revised Code apply and the applicant meets the	24273
requirements of division (A) of this section, the board shall	24274
issue a training certificate to the applicant. The board shall	24275
not require an examination as a condition of receiving a training	24276
certificate.	24277

A training certificate issued pursuant to this section shall	24278
be valid only for the period of one year, but may in the	24279
discretion of the board and upon application duly made, be renewed	24280
annually for a maximum of five years. The fee for renewal of a	24281
training certificate shall be thirty-five dollars.	24282

The board shall maintain a register of all individuals who	24283
hold training certificates.	24284

(C) The holder of a valid training certificate shall be	24285
entitled to perform such acts as may be prescribed by or	24286
incidental to the holder's internship, residency, or clinical	24287
fellowship program, but the holder shall not be entitled otherwise	24288
to engage in the practice of podiatric medicine and surgery in	24289
this state. The holder shall limit activities under the	24290
certificate to the programs of the hospitals or facilities for	24291
which the training certificate is issued. The holder shall train	24292
only under the supervision of the podiatrists responsible for	24293
supervision as part of the internship, residency, or clinical	24294
fellowship program. A training certificate may be revoked by the	24295
board upon proof, satisfactory to the board, that the holder	24296
thereof has engaged in practice in this state outside the scope of	24297
the internship, residency, or clinical fellowship program for	24298
which the training certificate has been issued, or upon proof,	24299
satisfactory to the board, that the holder thereof has engaged in	24300
unethical conduct or that there are grounds for action against the	24301
holder under section 4731.22 of the Revised Code.	24302

(D) The board may adopt rules as the board finds necessary	24303
to effect the purpose of this section.	24304

Sec. 4736.12.  (A) The state board of sanitarian	24306
registration shall charge the following fees:	24307

(1) To apply as a sanitarian-in-training, fifty-five	24308
fifty-seven dollars;	24309

(2) For sanitarians-in-training to apply for registration as	24310
sanitarians, fifty-five fifty-seven dollars. The applicant shall	24311
pay this fee only once regardless of the number of times the	24312
applicant takes an examination required under section 4736.08 of	24313
the Revised Code.	24314

(3) For persons other than sanitarians-in-training to apply	24315
for registration as sanitarians, including persons meeting the	24316
requirements of section 4736.16 of the Revised Code, one hundred	24317
ten fourteen dollars. The applicant shall pay this fee only once	24318
regardless of the number of times the applicant takes an	24319
examination required under section 4736.08 of the Revised Code.	24320

(4) The renewal fee for registered sanitarians shall be	24321
fixed by the board and shall not exceed fifty-eight sixty-one	24322
dollars.	24323

(5) The renewal fee for sanitarians-in-training shall be	24324
fixed by the board and shall not exceed fifty-eight sixty-one	24325
dollars.	24326

(6) For late application for renewal, twenty-five dollars.

24327

The board of sanitarian registration, with the approval of	24328
the controlling board, may establish fees in excess of the amounts	24329
provided in this section, provided that such fees do not exceed	24330
the amounts permitted by this section by more than fifty per cent.	24331

(B) The board of sanitarian registration shall charge	24332
separate fees for examinations as required by section 4736.08 of	24333
the Revised Code, provided that the fees are not in excess of the	24334
actual cost to the board of conducting the examinations.	24335

(C) The board of sanitarian registration may adopt rules	24336
establishing fees for all of the following:	24337

(1) Application for the registration of a training agency	24338
approved under rules adopted by the board pursuant to section	24339
4736.11 of the Revised Code and for the annual registration	24340
renewal of an approved training agency.	24341

(2) Application for the review of continuing education hours	24342
submitted for the board's approval by approved training agencies	24343
or by registered sanitarians or sanitarians-in-training.	24344

Sec. 4736.14.  The state board of sanitarian registration	24345
may, upon application and proof of valid registration, issue a	24346
certificate of registration to any resident of this state person	24347
who is or has been registered as a sanitarian by any other state,	24348
if the requirements of that state at the time of such registration	24349
are determined by the board to be at least equivalent to the	24350
requirements of this chapter.	24351

Sec. 4743.05.  Except as otherwise provided in sections	24352
4701.20, and 4729.65 of the Revised Code, all money collected	24353
under Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717.,	24354
4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753.,	24355
4755., 4757., 4759., and 4761. of the Revised Code, and until	24356
December 31, 2004, money collected under Chapter 4779. of the	24357
Revised Code, shall be paid into the state treasury to the credit	24358
of the occupational licensing and regulatory fund, which is hereby	24359
created for use in administering such chapters. Money deposited to	24360
the credit of the fund under section 4731.24 of the Revised Code	24361
shall be used until July 1, 1998, for administering Chapters 4730.	24362
and 4731. of the Revised Code.	24363

At the end of each quarter, the director of budget and	24364
management shall transfer from the occupational licensing and	24365
regulatory fund to the nurse education assistance fund created in	24366
section 3333.28 of the Revised Code the amount certified to the	24367
director under division (B) of section 4723.08 of the Revised	24368
Code.	24369

At the end of the first quarter of 1995 and at the end of	24370
each quarter thereafter, the director shall transfer from the	24371
occupational licensing and regulatory fund to the certified public	24372
accountant education assistance fund created in section 4701.26 of	24373
the Revised Code the amount certified to the director under	24374
division (D)(H)(2) of section 4701.10 of the Revised Code.	24375

Sec. 4775.01.  As used in this chapter:

24376

(A) "Motor vehicle" has the same meaning as in section	24377
4501.01 of the Revised Code.	24378

(B) "Collision" means an occurrence in which two or more	24379
objects, whether mobile or stationary, contact one another in a	24380
manner that causes the alteration of the surface, structure, or	24381
appearance, whether separately or collectively, of an object that	24382
is party to the occurrence.	24383

(C) "Collision repair" means any and all restorative or	24384
replacement procedures that are performed on and affect or	24385
potentially affect the structural, life safety, and cosmetic	24386
components of a motor vehicle that has been damaged as a result of	24387
a collision. "Collision repair" also includes any procedure that	24388
is employed for the purpose of repairing, restoring, replacing, or	24389
refinishing, whether wholly or separately, any structural, life	24390
safety, or cosmetic component of a motor vehicle to a condition	24391
approximating or replicating the function, use, or appearance of	24392
the component prior to a collision.	24393

(D) "Motor vehicle collision repair operator" means a any	24394
person who owns or manages, in whole or in part, a motor vehicle	24395
collision repair facility, whether or not mechanical or other	24396
repairs also are performed at the facility, sole proprietorship,	24397
foreign or domestic partnership, limited liability corporation, or	24398
other legal entity that is not an employee or agent of a principal	24399
and performs five or more motor vehicle collision repairs in a	24400
calendar year, but does not mean any of the following:	24401

(1) An employee, other than a manager, of a motor vehicle	24403
collision repair operator;	24404

(2) A motor vehicle dealer licensed pursuant to sections	24405
4517.01 to 4517.45 of the Revised Code;	24406

(3) A motor vehicle dealer licensed pursuant to sections	24407
4517.01 to 4517.45 of the Revised Code who also is the owner, part	24408
owner, or operator of a motor vehicle collision repair facility;	24409

(4) A motor vehicle auction owner licensed pursuant to	24410
sections 4517.01 to 4517.45 of the Revised Code;	24411

(5) A motor vehicle leasing dealer licensed pursuant to	24412
sections 4517.01 to 4517.45 of the Revised Code;	24413

(6) A motor vehicle salvage dealer licensed pursuant to	24414
sections 4738.01 to 4738.18 Chapter 4738. of the Revised Code;	24415

(7) A person or lessee who owns or leases ten or more motor	24416
vehicles used principally in connection with any established	24417
business and who does not perform motor vehicle collision repairs	24418
on motor vehicles other than the motor vehicles used principally	24419
in connection with the established business;	24420

(8) A motor vehicle renting dealer as defined in division	24421
(A)(2) of section 4549.65 of the Revised Code who does not perform	24422
motor vehicle collision repairs on motor vehicles other than the	24423
motor vehicles used in connection with the established motor	24424
vehicle renting business;	24425

(9) A person who performs collision repairs to the motor	24426
vehicles of a single commercial, industrial, or governmental	24427
establishment exclusively and does not offer or provide motor	24428
vehicle collision repair service to the general public;	24429

(10) The owner, part owner, or officer of, or instructor	24430
employed by, an educational institution that provides instruction	24431
in motor vehicle collision repair while the owner, part owner,	24432
officer of, or instructor is engaging in activity in furtherance	24433
of instruction in motor vehicle collision repair.	24434

(C)(E) "Motor vehicle collision repair facility" means a	24435
business location in from which five or more separate motor	24436
vehicle collision repairs are performed for the general public on	24437
motor vehicles in a twelve-month period, commencing with the day	24438
of the month in which the first such repair is made.	24439

Sec. 4775.02.  (A) No person shall act as a motor vehicle	24440
collision repair operator unless the person is registered in	24441
accordance with this chapter.	24442

(B) Any person or entity that conducts or attempts to	24443
conduct business as a motor vehicle collision repair operator in	24444
violation of this chapter performs an unfair and deceptive act or	24445
practice in violation of section 1345.02 of the Revised Code.	24446

Sec. 4775.08.  (A) The initial and annual renewal fee for a	24447
motor vehicle collision repair registration certificate and for a	24448
temporary motor vehicle collision repair registration certificate	24449
is one hundred fifty dollars for each business location at which	24450
the motor vehicle collision repair operator conducts business as	24451
an operator, except that the board of motor vehicle collision	24452
repair registration, with the approval of the controlling board,	24453
may establish fees in excess of or less than that amount, provided	24454
that such fees do not exceed or are not less than that amount by	24455
more than fifty per cent.	24456

The board shall adjust the fees as necessary in order to	24457
provide for the expenses associated with carrying out this chapter	24458
without causing an excessive build-up of surplus funds in the	24459
motor vehicle collision repair registration fund, which is hereby	24460
created in the state treasury.	24461

(B) If the board has notified or attempted to notify a motor	24462
vehicle collision repair operator that the operator is required to	24463
be registered under this chapter, and the operator fails to	24464
register, the initial fee for the registration of such an	24465
unregistered operator for each business location at which the	24466
operator conducts business as an operator, is the initial fee then	24467
in effect plus an additional amount equal to the initial fee then	24468
in effect for each calendar year that the operator is not	24469
registered after the board has notified or attempted to notify the	24470
operator.	24471

(C) The board shall deposit all fees and fines collected	24472
under this chapter into the motor vehicle collision repair	24473
registration fund, which is hereby created in the state treasury.	24474
The board shall use the fund solely for the administration and	24475
enforcement of this chapter.	24476

Sec. 4775.99.  (A) Whoever violates section 4775.02 of the	24477
Revised Code shall be fined not more than one thousand dollars on	24478
a first offense. On each subsequent offense, the offender shall	24479
be fined not less than one thousand nor more than five thousand	24480
dollars.	24481

(B) After conducting an investigation and upon establishing	24482
that a violation of section 4775.02 of the Revised Code has	24483
occurred, the board of motor vehicle collision repair	24484
registration, in addition to any other action it may take or any	24485
other penalty imposed pursuant to this chapter, may impose an	24486
administrative fine on the person or entity that committed the	24487
violation in an amount of not more than one thousand dollars on a	24488
first offense. On each subsequent offense, the board may impose	24489
an administrative fine of not less than one thousand dollars nor	24490
more than five thousand dollars. If the administrative fine is	24491
not paid, the attorney general, upon the board's request, shall	24492
commence a civil action to collect the administrative fine.	24493

Sec. 4905.87. (A) To the extent funding is available in the	24494
biomass energy program fund, the public utilities commission shall	24495
maintain a program to promote the development and use of biomass	24496
energy.	24497

(B) The biomass energy program fund is hereby created in the	24498
state treasury. Money received by the commission for the program	24499
maintained under this section shall be credited to the fund, and	24500
used for that program.	24501

Sec. 5101.14.  (A) Within available funds, the department of	24503
job and family services shall make payments to the counties within	24504
thirty days after the beginning of each calendar quarter for a	24505
part of their costs for services to children performed pursuant to	24506
Chapter 5153. of the Revised Code.	24507

Funds provided to the county under this section shall be	24508
deposited into the children services fund created pursuant to	24509
section 5101.144 of the Revised Code.	24510

(B)(1) The funds distributed under this section shall be	24511
used for the following:	24512

(a) Home-based services to children and families;

24513

(b) Protective services to children;

24514

(c) To find, develop, and approve adoptive homes;

24515

(d) Short-term, out-of-home care and treatment for children;

24516

(e) Costs for the care of a child who resides with a	24517
caretaker relative, other than the child's parent, and is in the	24518
legal custody of a public children services agency pursuant to a	24519
voluntary temporary custody agreement entered into under division	24520
(A) of section 5103.15 of the Revised Code or in the legal custody	24521
of a public children services agency or the caretaker relative	24522
pursuant to an allegation or adjudication of abuse, neglect, or	24523
dependency made under Chapter 2151. of the Revised Code;	24524

(f) Other services a public children services agency	24525
considers necessary to protect children from abuse, neglect, or	24526
dependency.	24527

(2) No funds distributed under this section shall be used	24528
for the costs of maintaining a child in a children's home owned	24529
and operated by the county.	24530

(C) In each fiscal year, the amount of funds available for	24531
distribution under this section shall be allocated to counties as	24532
follows:	24533

(1) If the amount is less than the amount initially	24534
appropriated for the immediately preceding fiscal year, each	24535
county shall receive an amount equal to the percentage of the	24536
funding it received in the immediately preceding fiscal year,	24537
exclusive of any releases from or additions to the allocation or	24538
any sanctions imposed under this section;	24539

(2) If the amount is equal to the amount initially	24540
appropriated for the immediately preceding fiscal year, each	24541
county shall receive an amount equal to the amount it received in	24542
the preceding fiscal year, exclusive of any releases from or	24543
additions to the allocation or any sanctions imposed under this	24544
section;	24545

(3) If the amount is greater than the amount initially	24546
appropriated for the immediately preceding fiscal year, each	24547
county shall receive the amount determined under division (C)(2)	24548
of this section as a base allocation, plus a percentage of the	24549
amount that exceeds the amount initially appropriated for the	24550
immediately preceding fiscal year. The amount exceeding the	24551
amount initially appropriated in the immediately preceding fiscal	24552
year shall be allocated to the counties as follows:	24553

(a) Twelve per cent divided equally among all counties;

24554

(b) Forty-eight per cent in the ratio that the number of	24555
residents of the county under the age of eighteen bears to the	24556
total number of such persons residing in this state;	24557

(c) Forty per cent in the ratio that the number of residents	24558
of the county with incomes under the federal poverty guideline	24559
bears to the total number of such persons in this state.	24560

As used in division (C)(3)(c) of this section, "federal	24561
poverty guideline" means the poverty guideline as defined by the	24562
United States office of management and budget and revised by the	24563
United States secretary of health and human services in accordance	24564
with section 673 of the "Community Services Block Grant Act," 95	24565
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	24566

(D) The director of job and family services may adopt rules	24567
as necessary for the allocation of funds under this section. The	24568
rules shall be adopted in accordance with section 111.15 of the	24569
Revised Code.	24570

(E)(1) As used in this division, "services to children"	24571
includes only means children's protective services, home-based	24572
services to children and families, foster home services,	24573
residential treatment services, adoptive services, and independent	24574
living services.	24575

(2) Except as otherwise provided in this section, the	24576
allocation of funds for a fiscal year to a county under this	24577
section shall be reduced by the department if in the preceding	24578
calendar year the total amount expended for services to children	24579
from local funds and funds distributed to the county under section	24580
5101.46 of the Revised Code was less than the total expended from	24581
those sources that source in the second preceding calendar year.	24582
The reduction shall be equal to the difference between the total	24583
expended in the preceding calendar year and the total expended in	24584
the second preceding calendar year.	24585

The determination of whether the amount expended for services	24586
to children was less in the preceding calendar year than in the	24587
second preceding calendar year shall not include a difference due	24588
to any of the following factors to the extent that the difference	24589
does not exceed the amount attributable to that factor:	24590

(a) An across-the-board reduction in the county budget as a	24591
whole;	24592

(b) A reduced or failed levy specifically earmarked for	24593
children services;	24594

(c) A reduced allocation of funds to the county under section	24595
5101.24 of the Revised Code;	24596

(d) The closure of, or a reduction in the operating capacity	24597
of, a children's home owned and operated by the county.	24598

(3) Funds withheld under this division may be reallocated by	24599
the department to other counties. The department may grant whole	24600
or partial waivers of the provisions of this division.	24601

(F) Children who are in the temporary or permanent custody	24602
of a certified public or private nonprofit agency or institution,	24603
or who are in adoptions subsidized under division (B) of section	24604
5153.163 of the Revised Code are eligible for medical assistance	24605
through the medical assistance program established under section	24606
5111.01 of the Revised Code.	24607

(G) Within ninety days after the end of each fiscal year,	24608
each county shall return any unspent funds to the department.	24609

(H) The department shall prepare an annual report detailing	24610
on a county-by-county basis the services provided with funds	24611
distributed under this section. The report shall be submitted to	24612
the general assembly by the thirtieth day of September each year	24613
and also shall be made available to the public.	24614

(I) In accordance with Chapter 119. of the Revised Code, the	24615
director shall adopt, and may amend and rescind, rules prescribing	24616
reports on expenditures to be submitted by the counties as	24617
necessary for the implementation of this section.	24618

Sec. 5101.141.  (A) The department of job and family	24619
services shall act as the single state agency to administer	24620
federal payments for foster care and adoption assistance made	24621
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501,	24622
42 U.S.C.A. 670 (1980), as amended. The director of job and	24623
family services shall adopt rules to implement this authority.	24624
Internal management rules governing financial and administrative	24625
requirements applicable to public children services agencies,	24626
private child placing agencies, and private noncustodial agencies	24627
shall be adopted in accordance with section 111.15 of the Revised	24628
Code. Rules establishing eligibility, program participation, and	24629
other requirements shall be adopted in accordance with Chapter	24630
119. of the Revised Code. A public children services agency to	24631
which the department distributes Title IV-E funds shall administer	24632
the funds in accordance with those rules.	24633

(B)(1) The county, on behalf of each child eligible for	24634
foster care maintenance payments under Title IV-E of the "Social	24635
Security Act," shall make payments to cover the cost of providing	24636
all of the following:	24637

(a) The child's food, clothing, shelter, daily supervision,	24638
and school supplies;	24639

(b) The child's personal incidentals;

24640

(c) Reasonable travel to the child's home for visitation.

24641

(2) In addition to payments made under division (B)(1) of	24642
this section, the county may, on behalf of each child eligible for	24643
foster care maintenance payments under Title IV-E of the "Social	24644
Security Act," make payments to cover the cost of providing the	24645
following:	24646

(a) Liability insurance with respect to the child;

24647

(b) If the county is participating in the demonstration	24648
project established under division (A) of section 5101.142 of the	24649
Revised Code, services provided under the project.	24650

(3) With respect to a child who is in a child-care	24651
institution, including any type of group home designed for the	24652
care of children or any privately operated program consisting of	24653
two or more certified foster homes operated by a common	24654
administrative unit, the foster care maintenance payments made by	24655
the county on behalf of the child shall include the reasonable	24656
cost of the administration and operation of the institution, group	24657
home, or program, as necessary to provide the items described in	24658
divisions (B)(1) and (2) of this section.	24659

(C) To the extent that either foster care maintenance	24660
payments under division (B) of this section or Title IV-E adoption	24661
assistance payments for maintenance costs require the expenditure	24662
of county funds, the board of county commissioners shall report	24663
the nature and amount of each expenditure of county funds to the	24664
department.	24665

(D) The department shall distribute to public children	24666
services agencies that incur and report such expenditures federal	24667
financial participation received for administrative and training	24668
costs incurred in the operation of foster care maintenance and	24669
adoption assistance programs. The department may withhold not	24670
more than two three per cent of the federal financial	24671
participation received. The funds withheld may be used only to	24672
fund the Ohio child welfare training program established under	24673
section 5153.60 of the Revised Code and the university partnership	24674
program for college and university students majoring in social	24675
work who have committed to work for a public children services	24676
agency upon graduation. The funds withheld shall be in addition to	24677
any administration and training cost for which the department is	24678
reimbursed through its own cost allocation plan.	24679

(E) All federal financial participation funds received by a	24680
county pursuant to this section shall be deposited into the	24681
county's children services fund created pursuant to section	24682
5101.144 of the Revised Code.	24683

(F) The department shall periodically publish and distribute	24684
the maximum amounts that the department will reimburse public	24685
children services agencies for making payments on behalf of	24686
children eligible for foster care maintenance payments.	24687

(G) The department, by and through its director, is hereby	24688
authorized to develop, participate in the development of,	24689
negotiate, and enter into one or more interstate compacts on	24690
behalf of this state with agencies of any other states, for the	24691
provision of medical assistance and other social services to	24692
children in relation to whom all of the following apply:	24693

(1) They have special needs.

24694

(2) This state or another state that is a party to the	24695
interstate compact is providing adoption assistance on their	24696
behalf.	24697

(3) They move into this state from another state or move out	24698
of this state to another state.	24699

Sec. 5101.145.  (A) For the purposes of this section, "Title	24700
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	24701
42 U.S.C.A. 670 (1980).	24702

(B) In adopting rules under section 5101.141 of the Revised	24703
Code regarding financial requirements applicable to public	24704
children services agencies, private child placing agencies, and	24705
private noncustodial agencies, the department of job and family	24706
services shall establish both of the following:	24707

(1) A single form for the agencies to report costs	24708
reimbursable under Title IV-E and costs reimbursable under	24709
medicaid;	24710

(2) Procedures procedures to monitor cost reports submitted	24711
by the agencies. The procedures shall be used to do both of the	24712
following:	24713

(1) Determine which of the costs are reimbursable under	24714
Title IV-E;	24715

(2) Ensure that costs reimbursable under medicaid are	24716
excluded from determinations made under division (B)(1) of this	24717
section.	24718

Sec. 5101.184.  (A) The director of job and family services	24719
shall work with the tax commissioner to collect overpayments of	24720
assistance under Chapter 5107., 5111., or 5115., former Chapter	24721
5113., or sections section 5101.54 to 5101.543 of the Revised Code	24722
from refunds of state income taxes for taxable year 1992 and	24723
thereafter that are payable to the recipients of such	24724
overpayments.	24725

Any overpayment of assistance, whether obtained by fraud or	24726
misrepresentation, as the result of an error by the recipient or	24727
by the agency making the payment, or in any other manner, may be	24728
collected under this section. Any reduction under section 5747.12	24729
or 5747.121 of the Revised Code to an income tax refund shall be	24730
made before a reduction under this section. No reduction shall be	24731
made under this section if the amount of the refund is less than	24732
twenty-five dollars after any reduction under section 5747.12 of	24733
the Revised Code. A reduction under this section shall be made	24734
before any part of the refund is contributed under section	24735
5747.113 of the Revised Code to the natural areas and preserves	24736
fund or the nongame and endangered wildlife fund, or is credited	24737
under section 5747.12 of the Revised Code against tax due in any	24738
subsequent year.	24739

The director and the tax commissioner, by rules adopted in	24740
accordance with Chapter 119. of the Revised Code, shall establish	24741
procedures to implement this division. The procedures shall	24742
provide for notice to a recipient of assistance and an opportunity	24743
for the recipient to be heard before the recipient's income tax	24744
refund is reduced.	24745

(B) The director of job and family services may enter into	24746
agreements with the federal government to collect overpayments of	24747
assistance from refunds of federal income taxes that are payable	24748
to recipients of the overpayments.	24749

Sec. 5101.071.        Sec.  .        Sec. 5101.251.  (A) Not later than ninety days	24750
after the effective date of this section December 8, 1994, the	24751
director of job and family services shall develop and provide a	24752
training program to assist caseworkers in county departments of	24753
job and family services and public children services agencies in	24754
understanding the dynamics of domestic violence and the	24755
relationship domestic violence has to child abuse. The program	24756
shall be coordinated with other department of job and family	24757
services programs regarding family violence.	24758

(B) Not later than ninety days after the effective date of	24759
this section December 9, 1994, the director of job and family	24760
services shall adopt internal management rules in accordance with	24761
section 111.15 of the Revised Code establishing policies for	24762
dealing with domestic violence and the victims of domestic	24763
violence. The rules shall include all of the following:	24764

(1) A rule designating types and categories of employees of	24765
county departments of job and family services and employees of	24766
public children services agencies to receive training in the	24767
handling of domestic violence cases and a policy for the training	24768
of the designated types and categories of employees in the	24769
handling of those cases.	24770

(2) Guidelines directing how county departments of job and	24771
family services and county children services boards shall respond	24772
to identified domestic violence problems and to the needs of	24773
children directly or indirectly involved in situations involving	24774
domestic violence.	24775

(C) Each county department of job and family services and	24776
each public children services agency shall require its employees	24777
to complete the training described in divisions (A) and (B) of	24778
this section in accordance with the rules adopted by the director	24779
of job and family services pursuant to division (B) of this	24780
section.	24781

Sec. 5101.36.  Any application for public assistance gives a	24782
right of subrogation to the department of job and family services	24783
for any workers' compensation benefits payable to a person who is	24784
subject to a support order, as defined in section 3119.01 of the	24785
Revised Code, on behalf of the applicant, to the extent of any	24786
public assistance payments made on the applicant's behalf. If the	24787
director of job and family services, in consultation with a child	24788
support enforcement agency and the administrator of the bureau of	24789
workers' compensation, determines that a person responsible for	24790
support payments to a recipient of public assistance is receiving	24791
workers' compensation, the director shall notify the administrator	24792
of the amount of the benefit to be paid to the department of job	24793
and family services.	24794

For purposes of this section, "public assistance" means	24795
medical assistance provided through the medical assistance program	24796
established under section 5111.01 of the Revised Code,; Ohio works	24797
first provided under Chapter 5107. of the Revised Code,;	24798
prevention, retention, and contingency assistance benefits and	24799
services provided under Chapter 5108. of the Revised Code,; or	24800
disability assistance provided under Chapter 5115. of the Revised	24801
Code.	24802

Sec. 5101.521.  When the body of a dead person is found in a	24803
township or municipal corporation, and such person was not an	24804
inmate of a correctional, benevolent, or charitable institution of	24805
this state, and the body is not claimed by any person for private	24806
interment or cremation at the person's own expense, or delivered	24807
for the purpose of medical or surgical study or dissection in	24808
accordance with section 1713.34 of the Revised Code, or the person	24809
was not eligible for burial assistance under section 5101.52 of	24810
the Revised Code, it shall be disposed of as follows:	24811

(A) If the person was a legal resident of the county, the	24812
proper officers of the township or municipal corporation in which	24813
the person's body was found shall cause it to be buried or	24814
cremated at the expense of the township or municipal corporation	24815
in which the person had a legal residence at the time of death.	24816

(B) If the person had a legal residence in any other county	24817
of the state at the time of death, the superintendent of the	24818
county home of the county in which such body was found shall cause	24819
it to be buried or cremated at the expense of the township or	24820
municipal corporation in which the person had a legal residence at	24821
the time of death.	24822

(C) If the person was an inmate of a correctional	24823
institution of the county or a patient or resident of a benevolent	24824
institution of the county, the person had no legal residence in	24825
the state, or the person's legal residence is unknown, the	24826
superintendent shall cause the person to be buried or cremated at	24827
the expense of the county.	24828

Such officials shall provide, at the grave of the person or,	24829
if the person's cremated remains are buried, at the grave of the	24830
person's cremated remains, a stone or concrete marker on which the	24831
person's name and age, if known, and date of death shall be	24832
inscribed.	24833

A political subdivision is not relieved of its duty to bury	24834
or cremate a person at its expense under this section when the	24835
body is claimed by an indigent person.	24836

Sec. 5101.54.  (A) The director of job and family services	24837
shall administer the food stamp program in accordance with the	24838
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	24839
amended. The department may:	24840

(1) Prepare and submit to the secretary of the United States	24841
department of agriculture a plan for the administration of the	24842
food stamp program;	24843

(2) Prescribe forms for applications, certificates, reports,	24844
records, and accounts of county departments of job and family	24845
services, and other matters;	24846

(3) Require such reports and information from each county	24847
department of job and family services as may be necessary and	24848
advisable;	24849

(4) Administer and expend any sums appropriated by the	24850
general assembly for the purposes of this section and all sums	24851
paid to the state by the United States as authorized by the Food	24852
Stamp Act of 1977;	24853

(5) Conduct such investigations as are necessary;

24854

(6) Enter into interagency agreements and cooperate with	24855
investigations conducted by the department of public safety,	24856
including providing information for investigative purposes,	24857
exchanging property and records, passing through federal financial	24858
participation, modifying any agreements with the United States	24859
department of agriculture, providing for the supply, security, and	24860
accounting of food stamp coupons benefits for investigative	24861
purposes, and meeting any other requirements necessary for the	24862
detection and deterrence of illegal activities in the state food	24863
stamp program;	24864

(7) Adopt rules in accordance with Chapter 119. of the	24865
Revised Code governing employment and training requirements of	24866
recipients of food stamp benefits, including rules specifying	24867
which recipients are subject to the requirements and establishing	24868
sanctions for failure to satisfy the requirements. The rules	24869
shall be consistent with 7 U.S.C.A. 2015 and, to the extent	24870
practicable, may provide for food stamp benefit recipients to	24871
participate in work activities, developmental activities, and	24872
alternative work activities established under sections 5107.40 to	24873
5107.69 of the Revised Code that are comparable to programs	24874
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference	24875
rules adopted under section 5107.05 of the Revised Code governing	24876
work activities, developmental activities, and alternative work	24877
activities established under sections 5107.40 to 5107.69 of the	24878
Revised Code.	24879

(8) Adopt rules in accordance with section 111.15 of the	24880
Revised Code that are consistent with the Food Stamp Act of 1977,	24881
as amended, and regulations adopted thereunder governing the	24882
following:	24883

(a) Eligibility requirements for the food stamp program;

24884

(b) Sanctions for failure to comply with eligibility	24885
requirements;	24886

(c) Allotment of food stamp coupons benefits;

24887

(d) To the extent permitted under federal statutes and	24888
regulations, a system under which some or all recipients of food	24889
stamp benefits subject to employment and training requirements	24890
established by rules adopted under division (A)(7) of this section	24891
receive food stamp benefits after satisfying the requirements;	24892

(e) Administration of the program by county departments of	24893
job and family services;	24894

(f) Other requirements necessary for the efficient	24895
administration of the program.	24896

(9) Submit a plan to the United States secretary of	24897
agriculture for the department of job and family services to	24898
operate a simplified food stamp program pursuant to 7 U.S.C.A.	24899
2035 under which requirements governing the Ohio works first	24900
program established under Chapter 5107. of the Revised Code also	24901
govern the food stamp program in the case of households receiving	24902
food stamp benefits and participating in Ohio works first.	24903

(B) Except while in the custody of the United States postal	24904
service, food stamps and any document necessary to obtain food	24905
stamps are the property of the department of job and family	24906
services from the time they are received in accordance with	24907
federal regulations by the department from the federal agency	24908
responsible for such delivery until they are received by a	24909
household entitled to receive them or by the authorized	24910
representative of the household.	24911

(C) A household that is entitled to receive food stamps	24912
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011,	24913
as amended, and that is determined to be in immediate need of food	24914
assistance, shall receive certification of eligibility for program	24915
benefits, pending verification, within twenty-four hours, or, if	24916
mitigating circumstances occur, within seventy-two hours, after	24917
application, if:	24918

(1) The results of the application interview indicate that	24919
the household will be eligible upon full verification;	24920

(2) Information sufficient to confirm the statements in the	24921
application has been obtained from at least one additional source,	24922
not a member of the applicant's household. Such information shall	24923
be recorded in the case file, and shall include:	24924

(a) The name of the person who provided the name of the	24925
information source;	24926

(b) The name and address of the information source;

24927

(c) A summary of the information obtained.

24928

The period of temporary eligibility shall not exceed one	24929
month from the date of certification of temporary eligibility. If	24930
eligibility is established by full verification, benefits shall	24931
continue without interruption as long as eligibility continues.	24932

At the time of application, the county department of job and	24933
family services shall provide to a household described in this	24934
division a list of community assistance programs that provide	24935
emergency food.	24936

(D) All applications shall be approved or denied through	24937
full verification within thirty days from receipt of the	24938
application by the county department of job and family services.	24939

(E) Nothing in this section shall be construed to prohibit	24940
the certification of households that qualify under federal	24941
regulations to receive food stamps without charge under the "Food	24942
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended.	24943

(F) Any person who applies for food stamps under this	24944
section shall receive a voter registration application under	24945
section 3503.10 of the Revised Code.	24946

Sec. 5101.80.  (A) The department of job and family services	24947
shall do all of the following:	24948

(1) Prepare and submit to the United States secretary of	24949
health and human services a Title IV-A state plan, and amendments	24950
to the plan that the department determines necessary, for the Ohio	24951
works first program established under Chapter 5107. of the Revised	24952
Code and the prevention, retention, and contingency program	24953
established under Chapter 5108. of the Revised Code;	24954

(2) Prescribe forms for applications, certificates, reports,	24955
records, and accounts of county departments of job and family	24956
services, and other matters related to the Ohio works first	24957
program and the prevention, retention, and contingency program;	24958

(3) Make such reports, in such form and containing such	24959
information as the department may find necessary to assure the	24960
correctness and verification of such reports, regarding the Ohio	24961
works first program and the prevention, retention, and contingency	24962
program;	24963

(4) Require reports and information from each county	24964
department of job and family services as may be necessary or	24965
advisable regarding the Ohio works first program and the	24966
prevention, retention, and contingency program;	24967

(5) Afford a fair hearing in accordance with section 5101.35	24968
of the Revised Code to any applicant for, or participant or former	24969
participant of, the Ohio works first program or the prevention,	24970
retention, and contingency program aggrieved by a decision	24971
regarding either program;	24972

(6) Administer and expend, pursuant to Chapters 5107. and	24973
5108. of the Revised Code, any sums appropriated by the general	24974
assembly for the purpose of those chapters and all sums paid to	24975
the state by the secretary of the treasury of the United States as	24976
authorized by Title IV-A of the "Social Security Act," 49 Stat.	24977
620 (1935), 42 U.S.C. 301, as amended;	24978

(7) Conduct investigations as are necessary regarding the	24979
Ohio works first program and the prevention, retention, and	24980
contingency program;	24981

(8) Enter into reciprocal agreements with other states	24982
relative to the provision of Ohio works first and prevention,	24983
retention, and contingency to residents and nonresidents;	24984

(9) Contract with a private entity to conduct an independent	24985
on-going evaluation of the Ohio works first program and the	24986
prevention, retention, and contingency program. The contract must	24987
require the private entity to do all of the following:	24988

(a) Examine issues of process, practice, impact, and	24989
outcomes;	24990

(b) Study former participants of Ohio works first who have	24991
not participated in Ohio works first for at least one year to	24992
determine whether they are employed, the type of employment in	24993
which they are engaged, the amount of compensation they are	24994
receiving, whether their employer provides health insurance,	24995
whether and how often they have received assistance benefits or	24996
services under the prevention, retention, and contingency program,	24997
and whether they are successfully self sufficient;	24998

(c) Provide the department an initial report of the	24999
evaluation not later than two years after October 1, 1997, and	25000
provide subsequent with reports at times the department specifies.	25001

(10) Not later than March 1, 1998, and the first day of each	25002
September and March thereafter until September 1, 2001, prepare a	25003
county by county report concerning individuals who cease to	25004
participate in Ohio works first that contains the reasons the	25005
individuals ceased to participate, including employment, marital	25006
status, and relocation;	25007

(11) Not later than January 1, 2001, and the first day of	25008
each January and July thereafter, prepare a report containing	25009
information on the following:	25010

(a) A county by county breakdown of individuals who cease to	25011
participate in Ohio works first and the reasons the individuals	25012
ceased to participate, including Individuals exhausting the time	25013
limits for participation set forth in section 5107.18 of the	25014
Revised Code.	25015

(b) Individuals who have been exempted from the time limits	25016
set forth in section 5107.18 of the Revised Code and the reasons	25017
for the exemption.	25018

(12)(11) Not later than January 1, 2001, and on a quarterly	25019
basis thereafter until December 1, 2003, prepare, to the extent	25020
the necessary data is available to the department, a report based	25021
on information determined under section 5107.80 of the Revised	25022
Code that states how many former Ohio works first participants	25023
entered the workforce during the most recent previous quarter for	25024
which the information is known and includes information regarding	25025
the earnings of those former participants. The report shall	25026
include a county-by-county breakdown and shall not contain the	25027
names or social security numbers of former participants.	25028

(B) The department shall provide copies of the reports it	25029
receives under division (A)(9) of this section and prepares under	25030
divisions (A)(10), (11), and (12) of this section to the governor,	25031
the president and minority leader of the senate, and the speaker	25032
and minority leader of the house of representatives. The	25033
department shall provide copies of the reports to any private or	25034
government entity on request.	25035

(C) An authorized representative of the department or a	25036
county department of job and family services shall have access to	25037
all records and information bearing thereon for the purposes of	25038
investigations conducted pursuant to this section.	25039

Sec. 5101.821.  Except as otherwise approved by the director	25040
of budget and management, the department of job and family	25041
services shall deposit federal funds received under Title IV-A of	25042
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	25043
into the temporary assistance for needy families (TANF) federal	25044
fund, which is hereby created in the state treasury. The	25045
department shall use money in the fund for the Ohio works first	25046
program established under Chapter 5107. of the Revised Code; the	25047
prevention, retention, and contingency program established under	25048
Chapter 5108. of the Revised Code; and any other purposes	25049
consistent with Title IV-A, federal regulations, federal waivers	25050
granted by the United States secretary of health and human	25051
services, state law, the Title IV-A state plan and amendments	25052
submitted to the United States secretary of health and human	25053
services under section 5101.80 of the Revised Code, and rules	25054
adopted by the department under section 5107.05 of the Revised	25055
Code.	25056

Sec. 5101.83.  (A) As used in this section:

25057

(1) "Assistance group" has the same meaning as in sections	25058
5107.02 and 5108.01 of the Revised Code, except that it also means	25059
a group provided benefits and services under the prevention,	25060
retention, and contingency program because the members of the	25061
group share a common need for benefits and services.	25062

(2) "Fraudulent assistance" means assistance and service,	25063
including cash assistance, provided under the Ohio works first	25064
program established under Chapter 5107., or benefits and services	25065
provided under the prevention, retention, and contingency program	25066
established under Chapter 5108. of the Revised Code, to or on	25067
behalf of an assistance group that is provided as a result of	25068
fraud by a member of the assistance group, including an	25069
intentional violation of the program's requirements. "Fraudulent	25070
assistance" does not include assistance or servces services to or	25071
on be half behalf of an assistance group that is provided as a	25072
result of an error that is the fault of a county department of job	25073
and family services or the state department of job and family	25074
services.	25075

(B) If a county director of job and family services	25076
determines that an assistance group has received fraudulent	25077
assistance, the assistance group is ineligible to participate in	25078
the Ohio works first program or the prevention, retention, and	25079
contingency program until a member of the assistance group repays	25080
the cost of the fraudulent assistance. If a member repays the	25081
cost of the fraudulent assistance and the assistance group	25082
otherwise meets the eligibility requirements for the Ohio works	25083
first program or the prevention, retention, and contingency	25084
program, the assistance group shall not be denied the opportunity	25085
to participate in the program.	25086

This section does not limit the ability of a county	25087
department of job and family services to recover erroneous	25088
payments under section 5107.76 of the Revised Code.	25089

The state department of job and family services shall adopt	25090
rules in accordance with Chapter 119. of the Revised Code to	25091
implement this section.	25092

Sec. 5101.85.  As used in sections 5101.851 to 5101.854	25093
5101.853 of the Revised Code, "kinship caregiver" means any of the	25094
following who is eighteen years of age or older and is caring for	25095
a child in place of the child's parents:	25096

(A) The following individuals related by blood or adoption	25097
to the child:	25098

(1) Grandparents, including grandparents with the prefix	25099
"great," "great-great," or "great-great-great";	25100

(2) Siblings;

25101

(3) Aunts, uncles, nephews, and nieces, including such	25102
relatives with the prefix "great," "great-great," "grand," or	25103
"great-grand";	25104

(4) First cousins and first cousins once removed.

25105

(B) Stepparents and stepsiblings of the child;

25106

(C) Spouses and former spouses of individuals named in	25107
divisions (A) and (B) of this section;	25108

(D) A legal guardian of the child;

25109

(E) A legal custodian of the child.

25110

Sec. 5101.853.        Sec.  .        Sec. 5101.851.  (A) As used in this section,	25111
"qualified state expenditures" has the meaning provided by section	25112
409(a)(7)(B)(i) of the "Personal Responsibility and Work	25113
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	25114
U.S.C.A. 609(a)(7)(B)(i).	25115

(B) Using qualified state expenditures and based on the	25116
recommendations of the kinship care services planning council, the	25117
The department of job and family services shall may establish a	25118
program providing support services to kinship caregivers statewide	25119
program of kinship care navigators to assist kinship caregivers	25120
who are seeking information regarding, or assistance obtaining,	25121
services and benefits available at the state and local level that	25122
addresses address the needs of those caregivers residing in each	25123
county. The department shall establish the program no later than	25124
March 31, 2000. The program shall provide to kinship caregivers	25125
information and referral services and assistance obtaining support	25126
services that include including the following:	25127

(1)(A) Publicly funded child day-care;

25128

(2)(B) Respite care;

25129

(3)(C) Training related to caring for special needs	25130
children;	25131

(4)(D) A toll-free telephone number that may be called to	25132
obtain basic information about the rights of, and services	25133
available to, kinship caregivers;	25134

(5)(E) Legal services.

25135

Sec. 5101.852. Within available funds, the department of job	25136
and family services shall make payments to public children	25137
services agencies for the purpose of permitting the agencies to	25138
provide kinship care navigator information and referral services	25139
and assistance obtaining support services to kinship caregivers	25140
pursuant to the kinship care navigator program. The department	25141
may provide training and technical assistance concerning the needs	25142
of kinship caregivers to employees of public children services	25143
agencies and to persons or entities that serve kinship caregivers	25144
or perform the duties of a kinship care navigator and are under	25145
contract with an agency.	25146

Sec. 5101.854.        Sec.  .        Sec. 5101.853.  The department of job and family	25147
services shall may adopt rules in accordance with Chapter 119. of	25148
the Revised Code to implement the kinship care navigators program	25149
to provide support services to kinship caregivers. To the extent	25150
permitted by federal law and the Revised Code, the rules may	25151
expand eligibility for programs administered by the department in	25152
a manner making kinship caregivers eligible for the programs. The	25153
rules shall be adopted under Chapter 119. of the Revised Code,	25154
except that rules governing fiscal and administrative matters	25155
related to implementation of the navigators program are internal	25156
management rules and shall be adopted under section 111.15 of the	25157
Revised Code.	25158

Sec. 5103.031.  (A) Except as provided in section 5103.033	25159
of the Revised Code, the department of job and family services may	25160
not issue a certificate under section 5103.03 of the Revised Code	25161
to a foster home unless the foster caregiver successfully	25162
completes the following amount of preplacement training through	25163
the Ohio child welfare training program or a preplacement training	25164
program operated under section 5103.034 of the Revised Code:	25165

(1) If the foster home is a family foster home, at least	25166
twelve hours;	25167

(2) If the foster home is a specialized foster home, at	25168
least thirty-six hours.	25169

(B) No child may be placed in a family foster home unless	25170
the foster caregiver completes at least twelve additional hours of	25171
preplacement training through the Ohio child welfare training	25172
program or a preplacement training program operated under section	25173
5103.034 of the Revised Code.	25174

Sec. 5103.033.  The department of job and family services may	25175
issue or renew a certificate under section 5103.03 of the Revised	25176
Code to a foster home for the care of a child who is in the	25177
custody of a public children services agency or private child	25178
placing agency pursuant to an agreement entered into under section	25179
5103.15 of the Revised Code regarding a child who was less than	25180
six months of age on the date the agreement was executed if the	25181
foster caregiver successfully completes the following amount of	25182
training:	25183

(A) For an initial certificate, at least twelve hours of	25184
preplacement training through the Ohio child welfare training	25185
program or a preplacement training program operated under section	25186
5103.034 of the Revised Code;	25187

(B) For renewal of a certificate, at least twelve hours each	25188
year of continuing training in accordance with the foster	25189
caregiver's needs assessment and continuing training plan	25190
developed and implemented under section 5103.034 5103.035 of the	25191
Revised Code.	25192

Sec. 5103.036.  For the purpose of determining whether a	25193
foster caregiver has satisfied the requirement of section 5103.031	25194
or 5103.032 of the Revised Code, a recommending agency shall	25195
accept training obtained from the Ohio child welfare training	25196
program or pursuant to a preplacement training program or	25197
continuing training program operated under section 5103.034 of the	25198
Revised Code regardless of whether the agency operated the	25199
preplacement training program or continuing training program. The	25200
agency may require that the foster caregiver successfully complete	25201
additional training as a condition of the agency recommending that	25202
the department of job and family services certify or recertify the	25203
foster caregiver's foster home under section 5103.03 of the	25204
Revised Code.	25205

Sec. 5103.0312.  The department of job and family services A	25206
public children services agency, private child placing agency, or	25207
private noncustodial agency acting as a recommending agency for	25208
foster caregivers who hold certificates issued under section	25209
5103.03 of the Revised Code shall pay those foster caregivers who	25210
have been issued a foster home certificate and had at least one	25211
foster child placed in their home a stipend to reimburse them for	25212
attending training courses provided by the Ohio child welfare	25213
training program or pursuant to a preplacement training program or	25214
continuing training program operated under section 5103.034 of the	25215
Revised Code. The payment shall be based on a per diem stipend	25216
rate established by the department of job and family services. The	25217
payment to foster caregivers stipend rate shall be the same	25218
regardless of the type of recommending agency from which a foster	25219
caregiver seeks a recommendation. The department shall pay a	25220
foster caregiver for attending preplacement training courses	25221
during the first month a foster child is placed in the foster	25222
caregiver's home, pursuant to rules adopted under section	25223
5103.0316 of the Revised Code, reimburse the recommending agency	25224
for stipend payments it makes in accordance with this section.	25225

Sec. 5103.0313.  The department of job and family services	25226
shall reimburse a the following for the cost of providing	25227
preplacement and continuing training to foster caregivers:	25228

(A) The Ohio child welfare training program;

25229

(B) A public children services agency, private child placing	25230
agency, or private noncustodial agency for the cost to the agency	25231
of providing training to a foster caregiver through a preplacement	25232
training program or continuing training program operated under	25233
section 5103.034 of the Revised Code. The	25234

The reimbursement shall be on a per diem basis and limited to	25235
the cost associated with the trainer, obtaining a site at which	25236
the training is provided, and the administration of the training.	25237
A reimbursement rate shall be the same regardless of whether the	25238
training program is operated by the Ohio child welfare training	25239
program or a public children services agency, private child	25240
placing agency, or private noncustodial agency.	25241

Sec. 5103.0316.  Not later than ninety days after the	25242
effective date of this section January 1, 2001, the department of	25243
job and family services shall adopt rules in accordance with	25244
Chapter 119. of the Revised Code as necessary for the efficient	25245
administration of sections 5103.031 to 5103.0316 of the Revised	25246
Code. The rules shall provide for all of the following:	25247

(A) For the purpose of section 5103.038 of the Revised Code,	25248
the date by which a public children services agency, private child	25249
placing agency, or private noncustodial agency that seeks to	25250
operate a preplacement training program or continuing training	25251
program under section 5103.034 of the Revised Code must submit to	25252
the department a proposal outlining the program;	25253

(B) Requirements governing the department's reimbursement of	25254
the Ohio child welfare training program and public children	25255
services agencies, private child placing agencies, and private	25256
noncustodial agencies under section sections 5103.0312 and	25257
5103.0313 of the Revised Code;	25258

(C) Any other matter the department considers appropriate.

25259

Sec. 5103.07.  The department of job and family services	25260
shall administer funds received under Title IV-B of the "Social	25261
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended,	25262
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	25263
(1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence	25264
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	25265
10401, as amended. In administering these funds, the department	25266
may establish a child welfare services program, and a child abuse	25267
and neglect prevention and adoption reform program, and a family	25268
violence prevention program. The department has all powers	25269
necessary for the adequate administration of these funds and	25270
programs. The director of job and family services may adopt	25271
internal management rules in accordance with section 111.15 of the	25272
Revised Code and issue appropriate orders as necessary for the	25273
adequate administration of these funds and programs to carry out	25274
the purposes of this section.	25275

Sec. 5107.02.  As used in this chapter:

25276

(A) "Adult" means an individual who is not a minor child.	25277

(B) "Assistance group" means a group of individuals treated	25278
as a unit for purposes of determining eligibility for and the	25279
amount of assistance provided under Ohio works first.	25280

(C) "Custodian" means an individual who has legal custody, as	25281
defined in section 2151.011 of the Revised Code, of a minor child	25282
or comparable status over a minor child created by a court of	25283
competent jurisdiction in another state.	25284

(D) "Guardian" means an individual that is granted authority	25285
by a probate court pursuant to Chapter 2111. of the Revised Code,	25286
or a court of competent jurisdiction in another state, to exercise	25287
parental rights over a minor child to the extent provided in the	25288
court's order and subject to residual parental rights of the minor	25289
child's parents.	25290

(E) "Minor child" means either of the following:

25291

(1) An individual who has not attained age eighteen;

25292

(2) An individual who has not attained age nineteen and is a	25293
full-time student in a secondary school or in the equivalent level	25294
of vocational or technical training.	25295

(F) "Minor head of household" means a minor child who is a	25296
either of the following:	25297

(1) At least six months pregnant and a member of an	25298
assistance group that does not include an adult;	25299

(2) A parent of a child included in the same assistance	25300
group that does not include an adult.	25301

(G) "Ohio works first" means the program established by this	25302
chapter known as temporary assistance for needy families in Title	25303
IV-A.	25304

(H) "Payment standard" means the amount specified in rules	25305
adopted under section 5107.05 of the Revised Code that is the	25306
maximum amount of cash assistance an assistance group may receive	25307
under Ohio works first from state and federal funds.	25308

(I) "Specified relative" means the following individuals who	25309
are age eighteen or older:	25310

(1) The following individuals related by blood or adoption:

25311

(a) Grandparents, including grandparents with the prefix	25312
"great," "great-great," or "great-great-great";	25313

(b) Siblings;

25314

(c) Aunts, uncles, nephews, and nieces, including such	25315
relatives with the prefix "great," "great-great," "grand," or	25316
"great-grand";	25317

(d) First cousins and first cousins once removed.

25318

(2) Stepparents and stepsiblings;

25319

(3) Spouses and former spouses of individuals named in	25320
division (I)(1) or (2) of this section.	25321

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	25322
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	25323
301, as amended.	25324

Sec. 5107.10.  (A) As used in this section:

25325

(1) "Countable income," "gross earned income," and "gross	25326
unearned income" have the meanings established in rules adopted	25327
under section 5107.05 of the Revised Code.	25328

(2) "Gross income" means gross earned income and gross	25329
unearned income.	25330

(3) "Strike" means continuous concerted action in failing to	25331
report to duty; willful absence from one's position; or stoppage	25332
of work in whole from the full, faithful, and proper performance	25333
of the duties of employment, for the purpose of inducing,	25334
influencing, or coercing a change in wages, hours, terms, and	25335
other conditions of employment. "Strike" does not include a	25336
stoppage of work by employees in good faith because of dangerous	25337
or unhealthful working conditions at the place of employment that	25338
are abnormal to the place of employment.	25339

(B) Under the Ohio works first program, an assistance group	25340
shall receive, except as otherwise provided by this chapter,	25341
time-limited cash assistance. In the case of an assistance group	25342
that includes a minor head of household or adult, assistance shall	25343
be provided in accordance with the self-sufficiency contract	25344
entered into under section 5107.14 of the Revised Code.	25345

(C) To be eligible to participate in Ohio works first, an	25346
assistance group must meet all of the following requirements:	25347

(1) The assistance group, except as provided in division (E)	25348
of this section, must include at least one of the following:	25349

(a) A minor child who, except as provided in section 5107.24	25350
of the Revised Code, resides with a parent, or specified relative	25351
caring for the child, or, to the extent permitted by Title IV-A	25352
and federal regulations adopted until Title IV-A, resides with a	25353
guardian or custodian caring for the child;	25354

(b) A parent residing with and caring for the parent's minor	25355
child who receives supplemental security income under Title XVI of	25356
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	25357
as amended, or federal, state, or local adoption assistance;	25358

(c) A specified relative residing with and caring for a	25359
minor child who is related to the specified relative in a manner	25360
that makes the specified relative a specified relative and	25361
receives supplemental security income or federal, state, or local	25362
foster care or adoption assistance;	25363

(d) A woman at least six months pregnant.

25364

(2) The assistance group must meet the income requirements	25365
established by division (D) of this section.	25366

(3) No member of the assistance group may be involved in a	25367
strike.	25368

(4) The assistance group must satisfy the requirements for	25369
Ohio works first established by this chapter and sections 5101.19,	25370
5101.58, 5101.59, and 5101.83 of the Revised Code.	25371

(5) The assistance group must meet requirements for Ohio	25372
works first established by rules adopted under section 5107.05 of	25373
the Revised Code.	25374

(D)(1) Except as provided in division (D)(3) of this	25375
section, to determine whether an assistance group is initially	25376
eligible to participate in Ohio works first, a county department	25377
of job and family services shall do the following:	25378

(a) Determine whether the assistance group's gross income	25379
exceeds the following amount:	25380

For each person in the assistance group that brings the	25397
assistance group to more than fifteen persons, add one hundred two	25398
dollars to the amount of gross income for an assistance group of	25399
fifteen specified in division (D)(1)(a) of this section.	25400

In making this determination, the county department shall	25401
disregard amounts that federal statutes or regulations and	25402
sections 5101.17 and 5117.10 of the Revised Code require be	25403
disregarded. The assistance group is ineligible to participate in	25404
Ohio works first if the assistance group's gross income, less the	25405
amounts disregarded, exceeds the amount specified in division	25406
(D)(1)(a) of this section.	25407

(b) If the assistance group's gross income, less the amounts	25408
disregarded pursuant to division (D)(1)(a) of this section, does	25409
not exceed the amount specified in that division, determine	25410
whether the assistance group's countable income is less than the	25411
payment standard. The assistance group is ineligible to	25412
participate in Ohio works first if the assistance group's	25413
countable income equals or exceeds the payment standard.	25414

(2) To determine whether an assistance group participating	25415
in Ohio works first continues to be eligible to participate, a	25416
county department of job and family services shall determine	25417
whether the assistance group's countable income continues to be	25418
less than the payment standard. In making this determination, the	25419
county department shall disregard the first two hundred fifty	25420
dollars and fifty per cent of the remainder of the assistance	25421
group's gross earned income. No amounts shall be disregarded from	25422
the assistance group's gross unearned income. The assistance	25423
group ceases to be eligible to participate in Ohio works first if	25424
its countable income, less the amounts disregarded, equals or	25425
exceeds the payment standard.	25426

(3) If an assistance group reapplies to participate in Ohio	25427
works first not more than four months after ceasing to	25428
participate, a county department of job and family services shall	25429
use the income requirement established by division (D)(2) of this	25430
section to determine eligibility for resumed participation rather	25431
than the income requirement established by division (D)(1) of this	25432
section.	25433

(E)(1) An assistance group may continue to participate in	25434
Ohio works first even though a public children services agency	25435
removes the assistance group's minor children from the assistance	25436
group's home due to abuse, neglect, or dependency if the agency	25437
does both of the following:	25438

(a) Notifies the county department of job and family	25439
services at the time the agency removes the children that it	25440
believes the children will be able to return to the assistance	25441
group within six months;	25442

(b) Informs the county department at the end of each of the	25443
first five months after the agency removes the children that the	25444
parent, guardian, custodian, or specified relative of the children	25445
is cooperating with the case plans prepared for the children under	25446
section 2151.412 of the Revised Code and that the agency is making	25447
reasonable efforts to return the children to the assistance group.	25448

(2) An assistance group may continue to participate in Ohio	25449
works first pursuant to division (E)(1) of this section for not	25450
more than six payment months. This division does not affect the	25451
eligibility of an assistance group that includes a woman at least	25452
six months pregnant.	25453

Sec. 5107.14.  An assistance group is ineligible to	25454
participate in Ohio works first unless the minor head of household	25455
or each adult member of the assistance group, not later than	25456
thirty days after applying for or undergoing a redetermination of	25457
eligibility for the program, enters into a written	25458
self-sufficiency contract with the county department of job and	25459
family services. The contract shall set forth the rights and	25460
responsibilities of the assistance group as applicants for and	25461
participants of the program, including work responsibilities	25462
established under sections 5107.40 to 5107.69 of the Revised Code	25463
and other requirements designed to assist the assistance group in	25464
achieving self sufficiency and personal responsibility. The	25465
county department shall provide without charge a copy of the	25466
contract to each assistance group member who signs it.	25467

Each self-sufficiency contract shall include, based on	25468
appraisals conducted under section 5107.41 of the Revised Code and	25469
assessments conducted under section 5107.70 of the Revised Code,	25470
the following:	25471

(A) The assistance group's plan, developed under section	25472
5107.41 of the Revised Code, to achieve the goal of self	25473
sufficiency and personal responsibility through unsubsidized	25474
employment within the time limit for participating in Ohio works	25475
first established by section 5107.18 of the Revised Code;	25476

(B) Work activities, developmental activities, and	25477
alternative work activities to which members of the assistance	25478
group are assigned under sections 5107.40 to 5107.69 of the	25479
Revised Code;	25480

(C) The responsibility of a caretaker member of the	25481
assistance group to cooperate in establishing a minor child's	25482
paternity and establishing, modifying, and enforcing a support	25483
order for the child in accordance with section 5107.22 of the	25484
Revised Code;	25485

(D) Other responsibilities that members of the assistance	25486
group must satisfy to participate in Ohio works first and the	25487
consequences for failure or refusal to satisfy the	25488
responsibilities;	25489

(E) An agreement that the assistance group will comply with	25490
the conditions of participating in Ohio works first established by	25491
this chapter and sections 5101.19, 5101.58, 5101.59, and 5101.83	25492
of the Revised Code;	25493

(F) Assistance and services the county department will	25494
provide to the assistance group;	25495

(G) Assistance and services the child support enforcement	25496
agency and public children services agency will provide to the	25497
assistance group pursuant to a plan of cooperation entered into	25498
under section 307.983 of the Revised Code;	25499

(H) Other provisions designed to assist the assistance group	25500
in achieving self sufficiency and personal responsibility;	25501

(I) Procedures for assessing whether responsibilities are	25502
being satisfied and whether the contract should be amended;	25503

(J) Procedures for amending the contract.

25504

Sec. 5107.18.  (A) Except as provided in divisions (B), (C),	25505
(D), and (E) of this section, an assistance group is ineligible to	25506
participate in Ohio works first if the assistance group includes	25507
an adult individual who has participated in the program for	25508
thirty-six months as any of the following: an adult head of	25509
household, minor head of household, or spouse of an adult head of	25510
household or minor head of household. The time limit applies	25511
regardless of whether the thirty-six months are consecutive.	25512

(B) An assistance group that has ceased to participate in	25513
Ohio works first pursuant to division (A) of this section for at	25514
least twenty-four months, whether consecutive or not, may reapply	25515
to participate in the program if good cause exists as determined	25516
by the county department of job and family services. Good cause	25517
may include losing employment, inability to find employment,	25518
divorce, domestic violence considerations, and unique personal	25519
circumstances. The assistance group must provide a county	25520
department of job and family services verification acceptable to	25521
the county department of whether any members of the assistance	25522
group had employment during the period the assistance group was	25523
not participating in Ohio works first and the amount and sources	25524
of the assistance group's income during that period. If a county	25525
department is satisfied that good cause exists for the assistance	25526
group to reapply to participate in Ohio works first, the	25527
assistance group may reapply. Except as provided in divisions	25528
(C), (D), and (E) of this section, the assistance group may not	25529
participate in Ohio works first for more than twenty-four	25530
additional months. The time limit applies regardless of whether	25531
the twenty-four months are consecutive.	25532

(C) In determining the number of months a parent or pregnant	25533
woman has received assistance under Title IV-A, a county	25534
department of job and family services shall disregard any month	25535
during which the parent or pregnant woman was a minor child but	25536
was neither a minor head of household nor married to the head of	25537
an assistance group.	25538

(D) In determining the number of months an adult has	25539
received assistance under Title IV-A, a county department of job	25540
and family services shall disregard any month during which the	25541
adult lived on an Indian reservation or in an Alaska native	25542
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if,	25543
during the month, at least one thousand individuals lived on the	25544
reservation or in the village and at least fifty per cent of the	25545
adults living on the reservation or in the village were	25546
unemployed.	25547

(E) A county department of job and family services may	25548
exempt not more than twenty per cent of the average monthly number	25549
of Ohio works first participants assistance groups from the time	25550
limit established by this section on the grounds that the county	25551
department determines that the time limit is a hardship. In the	25552
case of the time limit established by division (A) of this	25553
section, a county department may not exempt an assistance group	25554
until the group has exhausted its thirty-six months of cash	25555
assistance.	25556

(F) The department of job and family services shall	25557
continually monitor the percentage of the average monthly number	25558
of Ohio works first participants assistance groups in each county	25559
that is exempted under division (E) of this section from the time	25560
limit established by this section. On determining that the	25561
percentage in any county equals or exceeds eighteen per cent, the	25562
department shall immediately notify the county department of job	25563
and family services.	25564

(G) Only participation in Ohio works first on or after	25565
October 1, 1997, applies to the time limit established by this	25566
section. The time limit applies regardless of the source of	25567
funding for the program. Assistance under Title IV-A provided by	25568
any state applies to the time limit. The time limit is a lifetime	25569
limit. No assistance group shall receive assistance under the	25570
program in violation of the time limit for assistance under Title	25571
IV-A established by section 408(a)(7) of the "Social Security	25572
Act," as amended by the "Personal Responsibility and Work	25573
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	25574
U.S.C.A. 608 (a)(7).	25575

Sec. 5108.01.  As used in this chapter:

25576

(A) "Assistance group" means a group of individuals treated	25577
as a unit for purposes of determining eligibility for the	25578
prevention, retention, and contingency program.	25579

(B) "Minor child" means either of the following:

25580

(1) An individual who has not attained age eighteen;

25581

(2) An individual who has not attained age nineteen and is a	25582
full-time student in a secondary school or in the equivalent level	25583
of vocational or technical training.	25584

(C) "Prevention, retention, and contingency program" means	25585
the program established by this chapter and funded in part with	25586
federal funds provided under Title IV-A.	25587

(D)(C) "Title IV-A" means Title IV-A of the "Social Security	25588
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	25589

Sec. 5108.06.        Sec.  .        Sec. 5108.03.  Under the prevention, retention, and	25590
contingency program, an assistance group that includes at least	25591
one minor child or a pregnant woman and meets the program's	25592
eligibility requirements a county department of job and family	25593
services shall receive assistance or provide benefits and services	25594
needed that individuals need to overcome immediate barriers to	25595
achieving or maintaining self sufficiency and personal	25596
responsibility. A county department shall provide the benefits and	25597
services in accordance with either the model design for the	25598
program that the department of job and family services develops	25599
under section 5108.05 of the Revised Code or the county	25600
department's own policies for the program developed under section	25601
5108.06 of the Revised Code.	25602

Sec. 5108.07.        Sec.  .        Sec. 5108.05.  The department of job and family	25603
services shall develop a model design for the prevention,	25604
retention, and contingency program that county departments of job	25605
and family services may adopt under section 5108.08 5108.06 of the	25606
Revised Code. The model design must be consistent with Title IV-A,	25607
federal regulations, state law, the Title IV-A state plan	25608
submitted to the United States secretary of health and human	25609
services under section 5101.80 of the Revised Code, and amendments	25610
to the plan. No rules shall be adopted to develop the model	25611
design. The department shall provide each county department a	25612
written copy of the model design.	25613

Sec. 5108.08.        Sec.  .        Sec. 5108.06.  Each county department of job and	25614
family services shall either adopt the model design for the	25615
prevention, retention, and contingency program the department of	25616
job and family services develops under section 5108.07 5108.05 of	25617
the Revised Code or develop its own policies for the program. To	25618
develop its own policies, a county department shall adopt a	25619
written statement of the policies governing the program. The	25620
policies may be a modification of the model design, different from	25621
the model design, or a combination. The policies shall establish	25622
or specify eligibility requirements, assistance or services to be	25623
provided under the program, administrative requirements, and other	25624
matters the county department determines necessary. A county	25625
department may amend its statement of policies to modify,	25626
terminate, and establish new policies. The policies must be	25627
consistent with Title IV-A, federal regulations, state law, the	25628
Title IV-A state plan submitted to the United States secretary of	25629
health and human services under section 5101.80 of the Revised	25630
Code, and amendments to the plan.	25631

A county department of job and family services shall inform	25632
the department of job and family services of whether it has	25633
adopted the model design or developed its own policies for the	25634
prevention, retention, and contingency program. If a county	25635
department develops its own policies, it shall provide the	25636
department a written copy of the statement of policies and any	25637
amendments it adopts to the statement.	25638

Sec. 5108.07.  The model design for the prevention,	25639
retention, and contingency program that the department of job and	25640
family services develops under section 5108.05 of the Revised Code	25641
and policies for the program that a county department of job and	25642
family services may develop under section 5108.06 of the Revised	25643
Code shall establish or specify eligibility requirements for	25644
assistance groups that apply for the program under section 5108.10	25645
of the Revised Code, benefits and services to be provided under	25646
the program to assistance groups, administrative requirements, and	25647
other matters the department, in the case of the model design, or	25648
a county department, in the case of county policies, determine are	25649
necessary.	25650

The model design and a county department's policies may	25651
establish eligibility requirements for, and specify benefits and	25652
services to be provided to, types of groups, such as students in	25653
the same class, that share a common need for the benefits and	25654
services. If the model design or a county department's policies	25655
include such a provision, the model design or county department's	25656
policies shall require that each individual who is to receive the	25657
benefits and services meet the eligibility requirements	25658
established for the type of group of which the individual is a	25659
member. The model design or county department's policies also	25660
shall require that the county department providing the benefits	25661
and services certify the group's eligibility, specify the duration	25662
that the group is to receive the benefits and services, and	25663
maintain the eligibility information for each member of the group	25664
receiving the benefits and services.	25665

The model design and a county department's policies may	25666
specify benefits and services that a county department may provide	25667
for the general public, including billboards that promote the	25668
prevention, and reduction in the incidence, of out-of-wedlock	25669
pregnancies or encourage the formation and maintenance of	25670
two-parent families.	25671

The model design and a county department's policies must be	25672
consistent with Title IV-A, federal regulations, state law, the	25673
Title IV-A state plan submitted to the United States secretary of	25674
health and human services under section 5101.80 of the Revised	25675
Code, and amendments to the plan. All benefits and services to be	25676
provided under the model design or a county department's policies	25677
must be allowable uses of federal Title IV-A funds as specified in	25678
42 U.S.C.A. 604(a), except that they may not be "assistance" as	25679
defined in 45 C.F.R. 260.31(a). The benefits and services shall	25680
be benefits and services that 45 C.F.R. 260.31(b) excludes from	25681
the definition of assistance.	25682

Sec. 5108.08. Benefits and services provided under the	25683
prevention, retention, and contingency program are inalienable	25684
whether by way of assignment, charge, or otherwise and exempt from	25685
execution, attachment, garnishment, and other like process.	25686

Sec. 5108.09.  When a state hearing under division (B) of	25687
section 5101.35 of the Revised Code or an administrative appeal	25688
under division (C) of that section is held regarding the	25689
prevention, retention, and contingency program, the hearing	25690
officer, director of job and family services, or director's	25691
designee shall base the decision in the hearing or appeal on the	25692
following:	25693

(A) If the county department of job and family services	25694
involved in the hearing or appeal adopted the department of job	25695
and family services' model design for the program developed under	25696
section 5108.07 5108.05 of the Revised Code, the model design;	25697

(B) If the county department developed its own policies for	25698
the program, the county department's written statement of policies	25699
adopted under section 5108.08 5108.06 of the Revised Code and any	25700
amendments the county department adopted to the statement.	25701

Sec. 5108.10.  An assistance group seeking to participate in	25702
the prevention, retention, and contingency program shall apply to	25703
a county department of job and family services using an	25704
application containing information the county department requires.	25705

When a county department receives an application for	25706
participation in the prevention, retention, and contingency	25707
program, it shall promptly make an investigation and record of the	25708
circumstances of the applicant in order to ascertain the facts	25709
surrounding the application and to obtain such other information	25710
as may be required. On completion of the investigation, the	25711
county department shall determine whether the applicant is	25712
eligible to participate, the assistance benefits or services the	25713
applicant should receive, and the approximate date when	25714
participation is to begin.	25715

Sec. 5111.01.  As used in this chapter, "medical assistance	25716
program" or "medicaid" means the program that is authorized by	25717
this section chapter and provided by the department if of job and	25718
family services under this chapter, Title XIX of the "Social	25719
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	25720
1396, as amended, and the waivers of Title XIX requirements	25721
granted to the department by the health care financing	25722
administration of the United States department of health and human	25723
services.	25724

The department of job and family services shall act as the	25725
single state agency to supervise the administration of the	25726
medicaid program. As the single state agency, the department	25727
shall comply with 42 C.F.R. 431.10(e). The department's rules	25728
governing medicaid are binding on other agencies that administer	25729
components of the medicaid program. No agency may establish, by	25730
rule or otherwise, a policy governing medicaid that is	25731
inconsistent with a medicaid policy established, in rule or	25732
otherwise, by the director of job and family services.	25733

(A) The department of job and family services may provide	25734
medical assistance under the medicaid program as long as federal	25735
funds are provided for such assistance, to the following:	25736

(1) Families with children that meet either of the following	25737
conditions:	25738

(a) The family meets the income, resource, and family	25739
composition requirements in effect on July 16, 1996, for the	25740
former aid to dependent children program as those requirements	25741
were established by Chapter 5107. of the Revised Code, federal	25742
waivers granted pursuant to requests made under former section	25743
5101.09 of the Revised Code, and rules adopted by the department	25744
or any changes the department makes to those requirements in	25745
accordance with paragraph (a)(2) of section 114 of the "Personal	25746
Responsibility and Work Opportunity Reconciliation Act of 1996,"	25747
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	25748
implementing section 5111.019 of the Revised Code. An adult loses	25749
eligibility for medical assistance under division (A)(1)(a) of	25750
this section pursuant to division (E) of section 5107.16 of the	25751
Revised Code.	25752

(b) The family does not meet the requirements specified in	25753
division (A)(1)(a) of this section but is eligible for medical	25754
assistance pursuant to section 5101.18 of the Revised Code.	25755

(2) Aged, blind, and disabled persons who meet the following	25756
conditions:	25757

(a) Receive federal aid under Title XVI of the "Social	25758
Security Act," or are eligible for but are not receiving such aid,	25759
provided that the income from all other sources for individuals	25760
with independent living arrangements shall not exceed one hundred	25761
seventy-five dollars per month. The income standards hereby	25762
established shall be adjusted annually at the rate that is used by	25763
the United States department of health and human services to	25764
adjust the amounts payable under Title XVI.	25765

(b) Do not receive aid under Title XVI, but meet any of the	25766
following criteria:	25767

(i) Would be eligible to receive such aid, except that their	25768
income, other than that excluded from consideration as income	25769
under Title XVI, exceeds the maximum under division (A)(2)(a) of	25770
this section, and incurred expenses for medical care, as	25771
determined under federal regulations applicable to section 209(b)	25772
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	25773
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	25774
their income exceeds the maximum under division (A)(2)(a) of this	25775
section;	25776

(ii) Received aid for the aged, aid to the blind, or aid for	25777
the permanently and totally disabled prior to January 1, 1974, and	25778
continue to meet all the same eligibility requirements;	25779

(iii) Are eligible for medical assistance pursuant to	25780
section 5101.18 of the Revised Code.	25781

(3) Persons to whom federal law requires, as a condition of	25782
state participation in the medicaid program, that medical	25783
assistance be provided;	25784

(4) Persons under age twenty-one who meet the income	25785
requirements for the Ohio works first program established under	25786
Chapter 5107. of the Revised Code but do not meet other	25787
eligibility requirements for the program. The director shall	25788
adopt rules in accordance with Chapter 119. of the Revised Code	25789
specifying which Ohio works first requirements shall be waived for	25790
the purpose of providing medicaid eligibility under division	25791
(A)(4) of this section.	25792

(B) If funds are appropriated for such purpose by the	25793
general assembly, the department may provide medical assistance to	25794
persons in groups designated by federal law as groups to which a	25795
state, at its option, may provide medical assistance under the	25796
medicaid program.	25797

(C) The department may expand eligibility for medical	25798
assistance to include individuals under age nineteen with family	25799
incomes at or below one hundred fifty per cent of the federal	25800
poverty guidelines, except that the eligibility expansion shall	25801
not occur unless the department receives the approval of the	25802
federal government. The department may implement the eligibility	25803
expansion authorized under this division on any date selected by	25804
the department, but not sooner than January 1, 1998.	25805

(D) In addition to any other authority or requirement to	25806
adopt rules under this chapter, the director may adopt rules in	25807
accordance with section 111.15 of the Revised Code as the director	25808
considers necessary to establish standards, procedures, and other	25809
requirements regarding the provision of medical assistance. The	25810
rules may establish requirements to be followed in applying for	25811
medical assistance, making determinations of eligibility for	25812
medical assistance, and verifying eligibility for medical	25813
assistance. The rules may include special conditions as the	25814
department determines appropriate for making applications,	25815
determining eligibility, and verifying eligibility for any medical	25816
assistance that the department may provide pursuant to division	25817
(C) of this section and section 5111.014 or 5111.019 of the	25818
Revised Code.	25819

Sec. 5111.0110. (A) The director of job and family services	25820
shall submit to the United States secretary of health and human	25821
services an amendment to the state medicaid plan to implement the	25822
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"	25823
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical	25824
assistance to women who meet all of the following requirements:	25825

(1) Are under age sixty-five;

25826

(2) Are not otherwise eligible for medicaid;

25827

(3) Have been screened for breast and cervical cancer under	25828
the centers for disease control and prevention breast and cervical	25829
cancer early detection program established under 42 U.S.C.A. 300k	25830
in accordance with 42 U.S.C.A. 300n;	25831

(4) Need treatment for breast or cervical cancer;

25832

(5) Are not otherwise covered under creditable coverage, as	25833
defined in 42 U.S.C.A. 300gg(c).	25834

(B) If the United States secretary of health and human	25835
services approves the state medicaid plan amendment submitted	25836
under division (A) of this section, the director of job and family	25837
services shall implement the amendment. The medical assistance	25838
provided under the amendment shall be limited to medical	25839
assistance provided during the period in which a woman who meets	25840
the requirements of division (A) of this section requires	25841
treatment for breast or cervical cancer.	25842

Sec. 5111.041.  (A) As used in this section, "habilitation	25843
center" means a habilitation center certified under section	25844
5123.041 of the Revised Code by the director of mental retardation	25845
and developmental disabilities for the provision of to provide	25846
habilitation center services under this section.	25847

(B) Habilitation centers shall verify the availability of	25848
matching funds for Title XIX of the Social Security Act for	25849
reimbursement of habilitation services as defined in section	25850
5123.041 of the Revised Code and such matching funds shall be	25851
provided in accordance with 42 C.F.R. 433.45 To the extent	25852
provided in rules adopted under division (C) of this section, the	25853
medicaid program shall cover habilitation center services provided	25854
by a habilitation center.	25855

(C) The director of job and family services shall adopt	25856
rules in accordance with Chapter 119. of the Revised Code	25857
governing the medicaid program's coverage of habilitation services	25858
provided by habilitation centers. The rules shall establish or	25859
provide for all of the following:	25860

(1) The requirements a habilitation center must meet to	25861
obtain certification under section 5123.041 of the Revised Code;	25862

(2) Making habilitation center services provided by	25863
habilitation centers available to medicaid recipients with a	25864
medical need for the services;	25865

(3) The amount, duration, and scope of the medicaid	25866
program's coverage of the habilitation center services, including	25867
all of the following:	25868

(a) The conditions under which the medicaid program covers	25869
the habilitation center services;	25870

(b) The amount the medicaid program pays for the	25871
habilitation center services or the method by which the amount is	25872
determined;	25873

(c) The manner in which the medicaid program pays for the	25874
habilitation center services.	25875

(D) A county board of mental retardation and developmental	25876
disabilities that has local administrative authority under	25877
division (B) of section 5126.055 of the Revised Code for	25878
habilitation center services shall pay the nonfederal share of	25879
medicaid expenditures for the services if all of the following	25880
apply:	25881

(1) The habilitation center services are provided to a	25882
medicaid recipient who is a current resident of the county that	25883
the county board serves;	25884

(2) The county board has determined, under section 5126.041	25885
of the Revised Code, that the medicaid recipient is eligible for	25886
county board services;	25887

(3) The habilitation center services are provided by a	25888
habilitation center with a medicaid provider agreement and the	25889
habilitation center meets either of the following requirements:	25890

(a) Is operated by the county board;

25891

(b) Has contracted with the county board or the department	25892
of mental retardation and developmental disabilities to provide	25893
the habilitation center services.	25894

(4) No school district is required to pay the nonfederal	25895
share under division (E) of this section.	25896

(E) A school district shall pay the nonfederal share of	25897
medicaid expenditures for habilitation center services if all of	25898
the following apply:	25899

(1) The habilitation center services are provided to a	25900
medicaid recipient who is a student enrolled in a school of the	25901
district;	25902

(2) The habilitation center services are included in the	25903
student's individualized education program provided under section	25904
3323.08 of the Revised Code;	25905

(3) The habilitation center services are provided by a	25906
habilitation center with a medicaid provider agreement and the	25907
habilitation center meets either of the following requirements:	25908

(a) Is operated by the school district;

25909

(b) Has contracted with the school district to provide the	25910
habilitation center services.	25911

(F) The departments of mental retardation and developmental	25912
disabilities and job and family services may approve, reduce,	25913
deny, or terminate a service included in the individualized	25914
service plan developed for a medicaid recipient eligible for	25915
habilitation center services. The departments shall consider the	25916
recommendations a county board of mental retardation and	25917
developmental disabilities makes under division (B)(1) of section	25918
5126.055 of the Revised Code. If either department reduces,	25919
denies, or terminates a service, that department shall timely	25920
notify the medicaid recipient that the recipient may request a	25921
hearing under section 5101.35 of the Revised Code.	25922

Sec. 5111.042. The departments of mental retardation and	25923
developmental disabilities and job and family services may	25924
approve, reduce, deny, or terminate a service included in the	25925
individualized service plan developed for a medicaid recipient	25926
with mental retardation or other developmental disability who is	25927
eligible for medicaid case management services. The departments	25928
shall consider the recommendations a county board of mental	25929
retardation and developmental disabilities makes under division	25930
(B)(1) of section 5126.055 of the Revised Code. If either	25931
department reduces, denies, or terminates a service, that	25932
department shall timely notify the medicaid recipient that the	25933
recipient may request a hearing under section 5101.35 of the	25934
Revised Code.	25935

Sec. 5111.081. The prescription drug rebates fund is hereby	25936
created in the state treasury. All rebates paid by drug	25937
manufacturers to the department of job and family services in	25938
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8	25939
shall be credited to the fund. The department of job and family	25940
services shall use money credited to the fund to pay for medicaid	25941
services and contracts.	25942

Sec. 5111.17.  (A) As used in this section, "community-based	25943
clinic" means a clinic that provides prenatal, family planning,	25944
well child, or primary care services and is funded in whole or in	25945
part by the state or federal government.	25946

(B) On receipt of a waiver from the United States department	25947
of health and human services of any federal requirement that would	25948
otherwise be violated, the department of job and family services	25949
shall may establish in Franklin, Hamilton, and Lucas some or all	25950
counties a managed care system under which designated recipients	25951
of medical assistance are required to obtain medical health care	25952
services from providers designated by the department. The	25953
department may stagger implementation of the managed care system,	25954
but the system shall be implemented in at least one county not	25955
later than January 1, 1995, and in all three counties not later	25956
than July 1, 1996.	25957

(C)(B) The department, by rule adopted under this section,	25958
may require any recipients in any other county to receive all or	25959
some of their care through managed care organizations that	25960
contract with the department and are paid by the department	25961
pursuant to a capitation or other risk-based methodology	25962
prescribed in the rules, and to receive their care only from	25963
providers designated by the organizations may enter into contracts	25964
with managed care organizations to authorize the organizations to	25965
provide health care services to medical assistance recipients	25966
participating in a managed care system established under this	25967
section.	25968

(D) In accordance with rules adopted under division (G) of	25969
this section, the department may issue requests for proposals from	25970
managed care organizations interested in contracting with the	25971
department to provide managed care to participating medical	25972
assistance recipients.	25973

(E) A health insuring corporation under contract with the	25974
department under this section may enter into an agreement with any	25975
community-based clinic for the provision of medical services to	25976
medical assistance recipients participating in the managed care	25977
system if the clinic is willing to accept the terms, conditions,	25978
and payment procedures established by the health insuring	25979
corporation.	25980

(F)(C) For the purpose of determining the amount the	25981
department pays hospitals under section 5112.08 of the Revised	25982
Code and the amount of disproportionate share hospital payments	25983
paid by the medicare program established under Title XVIII of the	25984
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	25985
amended, each managed care organization under contract with the	25986
department to provide managed health care services to	25987
participating medical assistance recipients shall keep detailed	25988
records for each hospital with which it contracts about the cost	25989
to the hospital of providing the care, payments made by the	25990
organization to the hospital for the care, utilization of hospital	25991
services by medical assistance recipients participating in managed	25992
care, and other utilization data required by the department.	25993

(G)(D) The director of job and family services shall may	25994
adopt rules in accordance with Chapter 119. of the Revised Code to	25995
implement this section.	25996

Sec. 5111.171. (A) The department of job and family services	25997
may provide financial incentive awards to managed care	25998
organizations that contract with the department under section	25999
5111.17 of the Revised Code to provide health care services to	26000
participating medical assistance recipients and that meet or	26001
exceed performance standards specified in provider agreements or	26002
rules adopted by the department. The department may specify in a	26003
contract with a managed care organization the amounts of financial	26004
incentive awards, methodology for distributing awards, types of	26005
awards, and standards for administration by the department.	26006

(B) There is hereby created in the state treasury the health	26007
care compliance fund. The fund shall consist of all fines imposed	26008
on and collected from managed care organizations for failure to	26009
meet performance standards or other requirements specified in	26010
state law, provider agreements, or rules adopted by the	26011
department. All investment earnings of the fund shall be credited	26012
to the fund. Moneys credited to the fund shall be used solely for	26013
the following purposes:	26014

(1) To reimburse managed care organizations that have paid	26015
fines for failures to meet performance standards or other	26016
requirements and that have come into compliance by meeting	26017
requirements as specified by the department;	26018

(2) To provide financial incentive awards established	26019
pursuant to division (A) of this section and specified in	26020
contracts between managed care organizations and the department.	26021

Sec. 5111.20.  As used in sections 5111.20 to 5111.32	26022
5111.3415 of the Revised Code:	26023

(A) "Allowable costs" are those costs determined by the	26024
department of job and family services to be reasonable and do not	26025
include fines paid under sections 5111.35 to 5111.61 and section	26026
5111.99 of the Revised Code.	26027

(B) "Capital costs" means costs of ownership and nonextensive	26028
renovation.	26029

(1) "Cost of ownership" means the actual expense incurred for	26030
all of the following:	26031

(a) Depreciation and interest on any capital assets that	26032
cost five hundred dollars or more per item, including the	26033
following:	26034

(i) Buildings;

26035

(ii) Building improvements that are not approved as	26036
nonextensive renovations under section 5111.25 or 5111.251 of the	26037
Revised Code;	26038

(iii) Equipment;

26039

(iv) Extensive renovations;

26040

(v) Transportation equipment.

26041

(b) Amortization and interest on land improvements and	26042
leasehold improvements;	26043

(c) Amortization of financing costs;

26044

(d) Except as provided in division (I)(M) of this section,	26045
lease and rent of land, building, and equipment.	26046

The costs of capital assets of less than five hundred dollars	26047
per item may be considered costs of ownership in accordance with a	26048
provider's practice.	26049

(2) "Costs of nonextensive renovation" means the actual	26050
expense incurred for depreciation or amortization and interest on	26051
renovations that are not extensive renovations.	26052

(C) "Capital lease" and "operating lease" shall be construed	26053
in accordance with generally accepted accounting principles.	26054

(D) "Case-mix score" means the measure determined under	26055
section 5111.231 of the Revised Code of the relative direct-care	26056
resources needed to provide care and habilitation to a resident of	26057
a nursing facility or intermediate care facility for the mentally	26058
retarded.	26059

(E)(1) "Change of operator" means an entering operator	26060
becoming the operator of a nursing facility or intermediate care	26061
facility for the mentally retarded in the place of the exiting	26062
operator. Actions that constitute a change of operator include,	26063
but are not limited to, the following:	26064

(a) Changing an operator's form of legal organization,	26065
including forming a partnership or corporation from a sole	26066
proprietorship;	26067

(b) Transferring ownership of the operator to another	26068
entity, regardless of whether ownership of all of the real	26069
property or personal property associated with the nursing facility	26070
or intermediate care facility for the mentally retarded is also	26071
transferred;	26072

(c) Leasing the operation of a nursing facility or	26073
intermediate care facility for the mentally retarded to a new	26074
operator or terminating an existing operator's lease;	26075

(d) If the operator is a partnership, dissolution of the	26076
partnership;	26077

(e) If the operator is a partnership, changing the	26078
composition of the partnership unless both of the following apply:	26079

(i) The change in composition does not cause the	26080
partnership's dissolution under state law.	26081

(ii) The partners agree that the change in composition does	26082
not constitute a change in operator.	26083

(f) If the operator is a corporation, dissolution of the	26084
corporation, merging the corporation with another corporation that	26085
is the survivor of the merger, or consolidating with one or more	26086
other corporations to form a new corporation.	26087

(2) The following actions, alone, do not constitute a	26088
change of operator:	26089

(a) An entity contracting with the operator to manage the	26090
nursing facility or intermediate care facility for the mentally	26091
retarded as the operator's agent, subject to the operator's	26092
approval of daily operating and management decisions;	26093

(b) The changing of ownership, leasing, or termination of a	26094
lease of real property or personal property associated with a	26095
nursing facility or intermediate care facility for the mentally	26096
retarded that does not result in an operator entering into a	26097
provider agreement;	26098

(c) If the operator is a corporation, the changing of one	26099
or more members of the corporation's governing body, or transfer	26100
of ownership of one or more shares of the corporation's stock, if	26101
the same corporation continues to be the operator of the nursing	26102
facility or intermediate care facility for the mentally retarded.	26103

(F) "Date of licensure," for a facility originally licensed	26104
as a nursing home under Chapter 3721. of the Revised Code, means	26105
the date specific beds were originally licensed as nursing home	26106
beds under that chapter, regardless of whether they were	26107
subsequently licensed as residential facility beds under section	26108
5123.19 of the Revised Code. For a facility originally licensed	26109
as a residential facility under section 5123.19 of the Revised	26110
Code, "date of licensure" means the date specific beds were	26111
originally licensed as residential facility beds under that	26112
section.	26113

(1) If nursing home beds licensed under Chapter 3721. of the	26114
Revised Code or residential facility beds licensed under section	26115
5123.19 of the Revised Code were not required by law to be	26116
licensed when they were originally used to provide nursing home or	26117
residential facility services, "date of licensure" means the date	26118
the beds first were used to provide nursing home or residential	26119
facility services, regardless of the date the present provider	26120
obtained licensure.	26121

(2) If a facility adds nursing home beds or residential	26122
facility beds or extensively renovates all or part of the facility	26123
after its original date of licensure, it will have a different	26124
date of licensure for the additional beds or extensively renovated	26125
portion of the facility, unless the beds are added in a space that	26126
was constructed at the same time as the previously licensed beds	26127
but was not licensed under Chapter 3721. or section 5123.19 of the	26128
Revised Code at that time.	26129

(F)(G) "Desk-reviewed" means that costs as reported on a cost	26130
report submitted under section 5111.26 of the Revised Code have	26131
been subjected to a desk review under division (A) of section	26132
5111.27 of the Revised Code and preliminarily determined to be	26133
allowable costs.	26134

(G)(H) "Direct care costs" means all of the following:

26135

(1)(a) Costs for registered nurses, licensed practical	26136
nurses, and nurse aides employed by the facility;	26137

(b) Costs for direct care staff, administrative nursing	26138
staff, medical directors, social services staff, activities staff,	26139
psychologists and psychology assistants, social workers and	26140
counselors, habilitation staff, qualified mental retardation	26141
professionals, program directors, respiratory therapists,	26142
habilitation supervisors, and except as provided in division	26143
(G)(H)(2) of this section, other persons holding degrees	26144
qualifying them to provide therapy;	26145

(c) Costs of purchased nursing services;

26146

(d) Costs of quality assurance;

26147

(e) Costs of training and staff development, employee	26148
benefits, payroll taxes, and workers' compensation premiums or	26149
costs for self-insurance claims and related costs as specified in	26150
rules adopted by the director of job and family services in	26151
accordance with Chapter 119. of the Revised Code, for personnel	26152
listed in divisions (G)(H)(1)(a), (b), and (d) of this section;	26153

(f) Costs of consulting and management fees related to	26154
direct care;	26155

(g) Allocated direct care home office costs.

26156

(2) In addition to the costs specified in division (G)(H)(1)	26157
of this section, for intermediate care facilities for the mentally	26158
retarded only, direct care costs include both of the following:	26159

(a) Costs for physical therapists and physical therapy	26160
assistants, occupational therapists and occupational therapy	26161
assistants, speech therapists, and audiologists;	26162

(b) Costs of training and staff development, employee	26163
benefits, payroll taxes, and workers' compensation premiums or	26164
costs for self-insurance claims and related costs as specified in	26165
rules adopted by the director of job and family services in	26166
accordance with Chapter 119. of the Revised Code, for personnel	26167
listed in division (G)(H)(2)(a) of this section.	26168

(3) Costs of other direct-care resources that are specified	26169
as direct care costs in rules adopted by the director of job and	26170
family services in accordance with Chapter 119. of the Revised	26171
Code.	26172

(H)(I) "Entering operator" means the person or government	26173
entity that will become the operator of a nursing facility or	26174
intermediate care facility for the mentally retarded when a change	26175
of operator occurs.	26176

(J) "Exiting operator" means the person or government entity	26177
that will cease to be the operator of a nursing facility or	26178
intermediate care facility for the mentally retarded when a change	26179
of operator or facility closure occurs.	26180

(K) "Facility closure" means actions resulting in the	26181
relocation of all residents of a nursing facility or intermediate	26182
care facility for the mentally retarded and discontinuance of the	26183
use of the building, or part of the building, that houses the	26184
facility as a nursing facility or intermediate care facility for	26185
the mentally retarded. A facility closure occurs regardless of	26186
whether one or more of the residents are relocated to another of	26187
the operator's nursing facilities or intermediate care facilities	26188
for the mentally retarded. A facility closure also occurs	26189
regardless of whether or when the department of health terminates	26190
the facility's certification under Title XIX of the "Social	26191
Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended.	26192

(L) "Fiscal year" means the fiscal year of this state, as	26193
specified in section 9.34 of the Revised Code.	26194

(I)(M) "Indirect care costs" means all reasonable costs other	26195
than direct care costs, other protected costs, or capital costs.	26196
"Indirect care costs" includes but is not limited to costs of	26197
habilitation supplies, pharmacy consultants, medical and	26198
habilitation records, program supplies, incontinence supplies,	26199
food, enterals, dietary supplies and personnel, laundry,	26200
housekeeping, security, administration, liability insurance,	26201
bookkeeping, purchasing department, human resources,	26202
communications, travel, dues, license fees, subscriptions, home	26203
office costs not otherwise allocated, legal services, accounting	26204
services, minor equipment, maintenance and repairs, help-wanted	26205
advertising, informational advertising, start-up costs,	26206
organizational expenses, other interest, property insurance,	26207
employee training and staff development, employee benefits,	26208
payroll taxes, and workers' compensation premiums or costs for	26209
self-insurance claims and related costs as specified in rules	26210
adopted by the director of job and family services in accordance	26211
with Chapter 119. of the Revised Code, for personnel listed in	26212
this division. Notwithstanding division (B)(1) of this section,	26213
"indirect care costs" also means the cost of equipment, including	26214
vehicles, acquired by operating lease executed before December 1,	26215
1992, if the costs are reported as administrative and general	26216
costs on the facility's cost report for the cost reporting period	26217
ending December 31, 1992.	26218

(J)(N) "Inpatient days" means all days during which a	26219
resident, regardless of payment source, occupies a bed in a	26220
nursing facility or intermediate care facility for the mentally	26221
retarded that is included in the facility's certified capacity	26222
under Title XIX of the "Social Security Act," 49 Stat. 610 (1935),	26223
42 U.S.C.A. 301, as amended. Therapeutic or hospital leave days	26224
for which payment is made under section 5111.33 of the Revised	26225
Code are considered inpatient days proportionate to the percentage	26226
of the facility's per resident per day rate paid for those days.	26227

(K)(O) "Intermediate care facility for the mentally retarded"	26228
means an intermediate care facility for the mentally retarded	26229
certified as in compliance with applicable standards for the	26230
medical assistance program by the director of health in accordance	26231
with Title XIX of the "Social Security Act."	26232

(L)(P)(1) "Licensed bed days available" means the number of	26233
calendar days in a cost reporting period multiplied by the number	26234
of licensed beds in a nursing facility during the cost reporting	26235
period. If the number of licensed beds in a nursing facility	26236
changes one or more times during a cost reporting period,	26237
"licensed bed days available" shall be determined for each period	26238
during the cost reporting period in which the number of licensed	26239
beds was the same. The "licensed bed days available" for the cost	26240
reporting period is the sum of those determinations.	26241

(2) If a nursing facility is not required to be licensed,	26242
the number of medicaid certified beds shall substitute for the	26243
number of licensed beds when calculating "licensed bed days	26244
available."	26245

(Q) "Maintenance and repair expenses" means, except as	26246
provided in division (X)(DD)(2) of this section, expenditures that	26247
are necessary and proper to maintain an asset in a normally	26248
efficient working condition and that do not extend the useful life	26249
of the asset two years or more. "Maintenance and repair expenses"	26250
includes but is not limited to the cost of ordinary repairs such	26251
as painting and wallpapering.	26252

(M)(R) "Nursing facility" means a facility, or a distinct	26253
part of a facility, that is certified as a nursing facility by the	26254
director of health in accordance with Title XIX of the "Social	26255
Security Act," and is not an intermediate care facility for the	26256
mentally retarded. "Nursing facility" includes a facility, or a	26257
distinct part of a facility, that is certified as a nursing	26258
facility by the director of health in accordance with Title XIX of	26259
the "Social Security Act," and is certified as a skilled nursing	26260
facility by the director in accordance with Title XVIII of the	26261
"Social Security Act."	26262

(N)(S) "Operator" means the person or government entity	26263
responsible for the daily operating and management decisions for a	26264
nursing facility or intermediate care facility for the mentally	26265
retarded.	26266

(T) "Other protected costs" means costs for medical supplies;	26267
real estate, franchise, and property taxes; natural gas, fuel oil,	26268
water, electricity, sewage, and refuse and hazardous medical waste	26269
collection; allocated other protected home office costs; and any	26270
additional costs defined as other protected costs in rules adopted	26271
by the director of job and family services in accordance with	26272
Chapter 119. of the Revised Code.	26273

(O)(U) "Owner" means any person or government entity that has	26274
at least five per cent ownership or interest, either directly,	26275
indirectly, or in any combination, in a nursing facility or	26276
intermediate care facility for the mentally retarded.	26277

(P)(V) "Patient" includes "resident."

26278

(Q)(W) Except as provided in divisions (Q)(W)(1) and (2) to	26279
(5) of this section, "per diem" means a nursing facility's or	26280
intermediate care facility for the mentally retarded's actual,	26281
allowable costs in a given cost center in a cost reporting period,	26282
divided by the facility's inpatient days for that cost reporting	26283
period.	26284

(1) When calculating indirect care costs for the purpose of	26285
establishing rates under section 5111.24 of the Revised Code for	26286
nursing facility services provided on or after July 1, 2001, "per	26287
diem" means a nursing facility's actual, allowable indirect care	26288
costs in a cost reporting period divided by the facility's	26289
licensed bed days available in that cost reporting period.	26290

(2) When calculating indirect care costs for the purpose of	26291
establishing rates under section 5111.24 or 5111.241 of the	26292
Revised Code for intermediate care facility services for the	26293
mentally retarded, "per diem" means a facility's an intermediate	26294
care facility for the mentally retarded's actual, allowable	26295
indirect care costs in a cost reporting period divided by the	26296
greater of the facility's inpatient days for that period or the	26297
number of inpatient days the facility would have had during that	26298
period if its occupancy rate had been eighty-five per cent.	26299

(2)(3) When calculating capital costs for the purpose of	26300
establishing rates under section 5111.25 of the Revised Code for	26301
nursing facility services provided on or after July 1, 2001, "per	26302
diem" means a nursing facility's actual, allowable capital costs	26303
in a cost reporting period divided by the facility's licensed bed	26304
days available in that cost reporting period.	26305

(4) When calculating capital costs for the purpose of	26306
establishing rates under section 5111.25 or 5111.251 of the	26307
Revised Code for intermediate care facility services for the	26308
mentally retarded, "per diem" means a facility's an intermediate	26309
care facility for the mentally retarded's actual, allowable	26310
capital costs in a cost reporting period divided by the greater of	26311
the facility's inpatient days for that period or the number of	26312
inpatient days the facility would have had during that period if	26313
its occupancy rate had been ninety-five per cent.	26314

(R)(5) When calculating other protected costs for the	26315
purpose of establishing rates under section 5111.235 of the	26316
Revised Code for nursing facility services provided on or after	26317
July 1, 2001, "per diem" means a nursing facility's actual,	26318
allowable other protected costs in a cost reporting period divided	26319
by the facility's licensed bed days available in that cost	26320
reporting period.	26321

(X) "Provider" means a person or government entity that	26322
operates a nursing facility or intermediate care facility for the	26323
mentally retarded under an operator that holds a provider	26324
agreement.	26325

(S)(Y) "Provider agreement" means a contract between the	26326
department of job and family services and a nursing facility or	26327
intermediate care facility for the mentally retarded provider for	26328
the provision of nursing facility services or intermediate care	26329
facility services for the mentally retarded under the medical	26330
assistance program.	26331

(T)(Z) "Purchased nursing services" means services that are	26332
provided in a nursing facility by registered nurses, licensed	26333
practical nurses, or nurse aides who are not employees of the	26334
facility.	26335

(U)(AA) "Reasonable" means that a cost is an actual cost that	26336
is appropriate and helpful to develop and maintain the operation	26337
of patient care facilities and activities, including normal	26338
standby costs, and that does not exceed what a prudent buyer pays	26339
for a given item or services. Reasonable costs may vary from	26340
provider to provider and from time to time for the same provider.	26341

(V)(BB) "Related party" means an individual or organization	26342
that, to a significant extent, has common ownership with, is	26343
associated or affiliated with, has control of, or is controlled	26344
by, the provider.	26345

(1) An individual who is a relative of an owner is a related	26346
party.	26347

(2) Common ownership exists when an individual or	26348
individuals possess significant ownership or equity in both the	26349
provider and the other organization. Significant ownership or	26350
equity exists when an individual or individuals possess five per	26351
cent ownership or equity in both the provider and a supplier.	26352
Significant ownership or equity is presumed to exist when an	26353
individual or individuals possess ten per cent ownership or equity	26354
in both the provider and another organization from which the	26355
provider purchases or leases real property.	26356

(3) Control exists when an individual or organization has	26357
the power, directly or indirectly, to significantly influence or	26358
direct the actions or policies of an organization.	26359

(4) An individual or organization that supplies goods or	26360
services to a provider shall not be considered a related party if	26361
all of the following conditions are met:	26362

(a) The supplier is a separate bona fide organization.

26363

(b) A substantial part of the supplier's business activity	26364
of the type carried on with the provider is transacted with others	26365
than the provider and there is an open, competitive market for the	26366
types of goods or services the supplier furnishes.	26367

(c) The types of goods or services are commonly obtained by	26368
other nursing facilities or intermediate care facilities for the	26369
mentally retarded from outside organizations and are not a basic	26370
element of patient care ordinarily furnished directly to patients	26371
by the facilities.	26372

(d) The charge to the provider is in line with the charge	26373
for the goods or services in the open market and no more than the	26374
charge made under comparable circumstances to others by the	26375
supplier.	26376

(W)(CC) "Relative of owner" means an individual who is	26377
related to an owner of a nursing facility or intermediate care	26378
facility for the mentally retarded by one of the following	26379
relationships:	26380

(1) Spouse;

26381

(2) Natural parent, child, or sibling;

26382

(3) Adopted parent, child, or sibling;

26383

(4) Step-parent, step-child, step-brother, or step-sister;

26384

(5) Father-in-law, mother-in-law, son-in-law,	26385
daughter-in-law, brother-in-law, or sister-in-law;	26386

(6) Grandparent or grandchild;

26387

(7) Foster caregiver, foster child, foster brother, or	26388
foster sister.	26389

(X)(DD) "Renovation" and "extensive renovation" mean:

26390

(1) Any betterment, improvement, or restoration of a nursing	26391
facility or intermediate care facility for the mentally retarded	26392
started before July 1, 1993, that meets the definition of a	26393
renovation or extensive renovation established in rules adopted by	26394
the director of job and family services in effect on December 22,	26395
1992.	26396

(2) In the case of betterments, improvements, and	26397
restorations of nursing facilities and intermediate care	26398
facilities for the mentally retarded started on or after July 1,	26399
1993:	26400

(a) "Renovation" means the betterment, improvement, or	26401
restoration of a nursing facility or intermediate care facility	26402
for the mentally retarded beyond its current functional capacity	26403
through a structural change that costs at least five hundred	26404
dollars per bed. A renovation may include betterment,	26405
improvement, restoration, or replacement of assets that are	26406
affixed to the building and have a useful life of at least five	26407
years. A renovation may include costs that otherwise would be	26408
considered maintenance and repair expenses if they are an integral	26409
part of the structural change that makes up the renovation	26410
project. "Renovation" does not mean construction of additional	26411
space for beds that will be added to a facility's licensed or	26412
certified capacity.	26413

(b) "Extensive renovation" means a renovation that costs more	26414
than sixty-five per cent and no more than eighty-five per cent of	26415
the cost of constructing a new bed and that extends the useful	26416
life of the assets for at least ten years.	26417

For the purposes of division (X)(DD)(2) of this section, the	26418
cost of constructing a new bed shall be considered to be forty	26419
thousand dollars, adjusted for the estimated rate of inflation	26420
from January 1, 1993, to the end of the calendar year during which	26421
the renovation is completed, using the consumer price index for	26422
shelter costs for all urban consumers for the north central	26423
region, as published by the United States bureau of labor	26424
statistics.	26425

The department of job and family services may treat a	26426
renovation that costs more than eighty-five per cent of the cost	26427
of constructing new beds as an extensive renovation if the	26428
department determines that the renovation is more prudent than	26429
construction of new beds.	26430

Sec. 5111.34.        Sec.  .        Sec. 5111.206.  There is hereby created the medicaid	26431
long-term care reimbursement study council consisting of the	26432
following twenty-two members:	26433

(A) The director of job and family services;

26434

(B) An employee assigned to the office of medicaid of the	26435
department of job and family services, appointed by the director	26436
of job and family services;	26437

(C) The director of health;

26438

(D) The director of aging;

26439

(E) The director of mental retardation and developmental	26440
disabilities;	26441

(F) The director of budget and management;

26442

(G) The legislative budget officer;

26443

(H) Two members of the house of representatives, appointed	26444
by the speaker of the house of representatives;	26445

(I) Two members of the senate, appointed by the president of	26446
the senate;	26447

(J) Three representatives of the public, one appointed by	26448
the governor, one appointed by the speaker of the house of	26449
representatives, and one appointed by the president of the senate;	26450

(K) Two representatives of each of the following	26451
organizations, appointed by their respective governing bodies:	26452

(1) The Ohio academy of nursing homes;

26453

(2) The association of Ohio philanthropic homes and housing	26454
for the aging;	26455

(3) The Ohio health care association;

26456

(4) The Ohio private residential association.

26457

Initial appointments of members described in divisions (B),	26458
(H), (I), (J), and (K) of this section shall be made no later than	26459
thirty days after December 22, 1992. Vacancies in any of those	26460
appointments shall be filled in the same manner as original	26461
appointments. The members described in division (J) of this	26462
section each shall serve a term of two years and may be	26463
reappointed. The members described in divisions (B), (H), (I),	26464
and (K) of this section shall serve at the pleasure of the	26465
official or governing body appointing the member. The members	26466
described in divisions (A), (C), (D), (E), (F), and (G) of this	26467
section shall serve for as long as they hold the position that	26468
qualifies them for membership on the council. The speaker of the	26469
house of representatives and the president of the senate jointly	26470
shall appoint the chairperson of the council. Members of the	26471
council shall serve without compensation.	26472

The council shall review, on an ongoing basis, the system	26473
established by sections 5111.20 to 5111.32 of the Revised Code for	26474
reimbursing nursing facilities and intermediate care facilities	26475
for the mentally retarded under the medical assistance program.	26476
The council shall recommend any changes it determines are	26477
necessary. The council periodically shall report its activities,	26478
findings, and recommendations to the governor, the speaker of the	26479
house of representatives, and the president of the senate.	26480

Sec. 5111.22.  A provider agreement between the department of	26481
job and family services and a nursing facility or intermediate	26482
care facility for the mentally retarded shall contain the	26483
following provisions:	26484

(A) The department agrees to:

26485

(1) Make payments to the nursing facility or intermediate	26486
care facility for the mentally retarded for patients eligible for	26487
services under the medical assistance program as provided in	26488
sections 5111.20 to 5111.32 of the Revised Code. Payments shall be	26489
made no later than the fifteenth day of the month following a	26490
month in which care and services are provided to recipients of	26491
medical assistance. Such payments shall be retroactive to the	26492
first day of the month in which an application for benefits is	26493
made or the day a recipient of medical assistance is admitted to	26494
the facility. In the case of newly admitted recipients of medical	26495
assistance, the first payment shall be made no later than sixty	26496
days following the date of authorized admission. No payment shall	26497
be made for the day a recipient is discharged from the facility.	26498

(2) Provide copies of rules governing the facility's	26499
participation as a provider in the medical assistance program.	26500
Whenever the director of job and family services files a proposed	26501
rule or proposed rule in revised form under division (D) of	26502
section 111.15 or division (B) of section 119.03 of the Revised	26503
Code, the department shall provide the facility with one copy of	26504
such rule. In the case of a rescission or proposed rescission of	26505
a rule, the department may provide the rule number and title	26506
instead of the rules rescinded or proposed to be rescinded.	26507

(B) The provider agrees to:

26508

(1) Maintain eligibility as provided in section 5111.21 of	26509
the Revised Code;	26510

(2) Keep records relating to a cost reporting period for the	26511
greater of seven years after the cost report is filed or, if the	26512
department issues an audit report in accordance with division (B)	26513
of section 5111.27 of the Revised Code, six years after all appeal	26514
rights relating to the audit report are exhausted;	26515

(3) File reports as required by the department;

26516

(4) Open all records relating to the costs of its services	26517
for inspection and audit by the department;	26518

(5) Open its premises for inspection by the department, the	26519
department of health, and any other state or local authority	26520
having authority to inspect;	26521

(6) Supply to the department such information as it requires	26522
concerning the facility's services to patients who are or are	26523
eligible to be medicaid recipients;	26524

(7) Comply with section 5111.31 of the Revised Code.

26525

The provider agreement may contain other provisions that are	26526
consistent with law and considered necessary by the department.	26527

A provider agreement shall be effective for no longer than	26528
twelve months, except that if federal statute or regulations	26529
authorize a longer term, it may be effective for a longer term so	26530
authorized. A provider agreement may be renewed only if the	26531
facility is certified by the department of health for	26532
participation in the medicaid program.	26533

The department of job and family services, in accordance with	26534
rules adopted by the director pursuant to Chapter 119. of the	26535
Revised Code, may elect not to enter into, not to renew, or to	26536
terminate a provider agreement when the department determines that	26537
such an agreement would not be in the best interests of the	26538
recipients or of the state.	26539

Sec. 5111.23.  (A) The department of job and family services	26540
shall pay each eligible nursing facility and intermediate care	26541
facility for the mentally retarded a per resident per day rate for	26542
direct care costs established prospectively for each facility. The	26543
department shall establish each facility's rate for direct care	26544
costs quarterly.	26545

(B) Each facility's rate for direct care costs shall be	26546
based on the facility's cost per case-mix unit, subject to the	26547
maximum costs per case-mix unit established under division (B)(2)	26548
of this section, from the calendar year preceding the fiscal year	26549
in which the rate is paid. To determine the rate, the department	26550
shall do all of the following:	26551

(1) Determine each facility's cost per case-mix unit for the	26552
calendar year preceding the fiscal year in which the rate will be	26553
paid by dividing the facility's desk-reviewed, actual, allowable,	26554
per diem direct care costs for that year by its annual average	26555
case-mix score for all residents regardless of payment source	26556
determined under section 5111.231 of the Revised Code for the same	26557
calendar year.	26558

(2)(a) Set the maximum cost per case-mix unit for each peer	26559
group of nursing facilities specified in rules adopted under	26560
division (E) of this section at a percentage above the cost per	26561
case-mix unit of the facility in the group that has the group's	26562
median medicaid inpatient day for the calendar year preceding the	26563
fiscal year in which the rate will be paid, as calculated under	26564
division (B)(1) of this section, that is no less than the	26565
percentage calculated under division (D)(1) of this section.	26566

(b) Set the maximum cost per case-mix unit for each peer	26567
group of intermediate care facilities for the mentally retarded	26568
with more than eight beds specified in rules adopted under	26569
division (E) of this section at a percentage above the cost per	26570
case-mix unit of the facility in the group that has the group's	26571
median medicaid inpatient day for the calendar year preceding the	26572
fiscal year in which the rate will be paid, as calculated under	26573
division (B)(1) of this section, that is no less than the	26574
percentage calculated under division (D)(2) of this section.	26575

(c) Set the maximum cost per case-mix unit for each peer	26576
group of intermediate care facilities for the mentally retarded	26577
with eight or fewer beds specified in rules adopted under division	26578
(E) of this section at a percentage above the cost per case-mix	26579
unit of the facility in the group that has the group's median	26580
medicaid inpatient day for the calendar year preceding the fiscal	26581
year in which the rate will be paid, as calculated under division	26582
(B)(1) of this section, that is no less than the percentage	26583
calculated under division (D)(3) of this section.	26584

(d) In calculating the maximum cost per case-mix unit under	26585
divisions (B)(2)(a) to (c) of this section for each peer group,	26586
the department shall exclude from its calculations the cost per	26587
case-mix unit of any facility in the group that participated in	26588
the medical assistance program under the same operator for less	26589
than twelve months during the calendar year preceding the fiscal	26590
year in which the rate will be paid.	26591

(3) Estimate the rate of inflation for the eighteen-month	26592
period beginning on the first day of July of the calendar year	26593
preceding the fiscal year in which the rate will be paid and	26594
ending on the thirty-first day of December of the fiscal year in	26595
which the rate will be paid, using the employment cost index for	26596
total compensation, health services component, published by the	26597
United States bureau of labor statistics. If the estimated	26598
inflation rate for the eighteen-month period is different from the	26599
actual inflation rate for that period, as measured using the same	26600
index, the difference shall be added to or subtracted from the	26601
inflation rate estimated under division (B)(3) of this section for	26602
the following fiscal year.	26603

(4) The department shall not recalculate a maximum cost per	26604
case-mix unit under division (B)(2) of this section or a	26605
percentage under division (D) of this section based on additional	26606
information that it receives after the maximum costs per case-mix	26607
unit or percentages are set. The department shall recalculate a	26608
maximum cost per case-mix units or percentage only if it made an	26609
error in computing the maximum cost per case-mix unit or	26610
percentage based on information available at the time of the	26611
original calculation.	26612

(C) Each facility's rate for direct care costs shall be	26613
determined as follows for each calendar quarter within a fiscal	26614
year:	26615

(1) Multiply For rates paid for nursing facility services	26616
provided on or after July 1, 2001, multiply the lesser of the	26617
following by the nursing facility's quarterly average case-mix	26618
score for residents who are medicaid recipients determined under	26619
section 5111.231 of the Revised Code for the calendar quarter that	26620
preceded the immediately preceding calendar quarter:	26621

(a) The facility's cost per case-mix unit for the calendar	26622
year preceding the fiscal year in which the rate will be paid, as	26623
determined under division (B)(1) of this section;	26624

(b) The maximum cost per case-mix unit established for the	26625
fiscal year in which the rate will be paid for the facility's peer	26626
group under division (B)(2)(a) of this section;	26627

(2) For rates paid for intermediate care facility services	26628
for the mentally retarded, multiply the lesser of the following by	26629
the intermediate care facility for the mentally retarded's	26630
quarterly average case-mix score for all residents regardless of	26631
payment source determined under section 5111.231 of the Revised	26632
Code for the calendar quarter that preceded the immediately	26633
preceding calendar quarter:	26634

(a) The facility's cost per case-mix unit for the calendar	26635
year preceding the fiscal year in which the rate will be paid, as	26636
determined under division (B)(1) of this section;	26637

(b) The maximum cost per case-mix unit established for the	26638
fiscal year in which the rate will be paid for the facility's peer	26639
group under division (B)(2)(b) or (c) of this section.	26640

(3) Adjust the product determined under division (C)(1) and	26641
(2) of this section by the inflation rate estimated under division	26642
(B)(3) of this section.	26643

(D)(1) The department shall calculate the percentage above	26644
the median cost per case-mix unit determined under division (B)(1)	26645
of this section for the facility that has the median medicaid	26646
inpatient day for calendar year 1992 for all nursing facilities	26647
that would result in payment of all desk-reviewed, actual,	26648
allowable direct care costs for eighty-five per cent of the	26649
medicaid inpatient days for nursing facilities for calendar year	26650
1992.	26651

(2) The department shall calculate the percentage above the	26652
median cost per case-mix unit determined under division (B)(1) of	26653
this section for the facility that has the median medicaid	26654
inpatient day for calendar year 1992 for all intermediate care	26655
facilities for the mentally retarded with more than eight beds	26656
that would result in payment of all desk-reviewed, actual,	26657
allowable direct care costs for eighty and one-half per cent of	26658
the medicaid inpatient days for such facilities for calendar year	26659
1992.	26660

(3) The department shall calculate the percentage above the	26661
median cost per case-mix unit determined under division (B)(1) of	26662
this section for the facility that has the median medicaid	26663
inpatient day for calendar year 1992 for all intermediate care	26664
facilities for the mentally retarded with eight or fewer beds that	26665
would result in payment of all desk-reviewed, actual, allowable	26666
direct care costs for eighty and one-half per cent of the medicaid	26667
inpatient days for such facilities for calendar year 1992.	26668

(E) The director of job and family services shall adopt	26669
rules in accordance with Chapter 119. of the Revised Code that	26670
specify peer groups of nursing facilities, intermediate care	26671
facilities for the mentally retarded with more than eight beds,	26672
and intermediate care facilities for the mentally retarded with	26673
eight or fewer beds, based on findings of significant per diem	26674
direct care cost differences due to geography and facility	26675
bed-size. The rules also may specify peer groups based on	26676
findings of significant per diem direct care cost differences due	26677
to other factors which may include, in the case of intermediate	26678
care facilities for the mentally retarded, case-mix.	26679

(F) The department, in accordance with division (C)(D) of	26680
section 5111.231 of the Revised Code and rules adopted under	26681
division (D)(E) of that section, may assign case-mix scores or	26682
costs per case-mix unit if a facility fails to submit assessment	26683
information necessary to calculate its case-mix score in	26684
accordance with that section.	26685

Sec. 5111.231.  (A)(1) The department of job and family	26686
services shall determine quarterly and annual case-mix scores for	26687
nursing facilities by using data for each resident, regardless of	26688
payment source, all of the following:	26689

(a) Data from a resident assessment instrument specified in	26690
rules adopted in accordance with Chapter 119. of the Revissed	26691
Revised Code pursuant to section 19119 1919(e)(5) of the "Social	26692
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A.	26693
1396r(e)(5), as amended and the, for the following residents:	26694

(i) When determining a nursing facility's annual case-mix	26695
score, each resident, regardless of payment source;	26696

(ii) When determining a nursing facility's quarterly	26697
case-mix score for the purpose of calculating rates to be paid for	26698
nursing facility services provided on or after July 1, 2001, each	26699
resident who is medicaid recipient.	26700

(b) Except as provided in rules adopted under division	26701
(A)(2)(a) or (b) of this section, the case-mix values established	26702
by the United States department of health and human services.	26703
Except;	26704

(c) Except as modified in rules adopted under division	26705
(A)(1)(2)(c) of this section, the department also shall use the	26706
grouper methodology used on June 30, 1999, by the United States	26707
department of health and human services for prospective payment of	26708
skilled nursing facilities under the medicare program established	26709
by Title XVIII of the "Social Security Act," 49 79 Stat. 620 286	26710
(1935 1965), 42 U.S.C.A. 301 1395, as amended. The	26711

(2) The director of job and family services may adopt rules	26712
in accordance with Chapter 119. of the Revised Code that do any of	26713
the following:	26714

(a) Adjust the case-mix values specified in division	26715
(A)(1)(b) of this section to reflect changes in relative wage	26716
differentials that are specific to this state;	26717

(b) Express all of the case-mix values in numeric terms that	26718
are different from the terms specified by the United States	26719
department of health and human services but that do not alter the	26720
relationship of the case-mix values to one another;	26721

(c) Modify the grouper methodology as follows:

26722

(i) Establish a different hierarchy for assigning residents	26723
to case-mix categories under the methodology;	26724

(ii) Prohibit the use of the index maximizer element of the	26725
methodology;	26726

(iii) Incorporate changes to the methodology the United	26727
States department of health and human services makes after June	26728
30, 1999;	26729

(iv) Make other changes the medicaid long-term care	26730
reimbursement study council established by section 5111.34	26731
5111.206 of the Revised Code approves.	26732

(2)(B) The department shall determine case-mix scores for	26733
intermediate care facilities for the mentally retarded using data	26734
for each resident, regardless of payment source, from a resident	26735
assessment instrument and grouper methodology prescribed in rules	26736
adopted in accordance with Chapter 119. of the Revised Code and	26737
expressed in case-mix values established by the department in	26738
those rules. The department may change the grouper methodology	26739
prescribed in rules in effect on June 30, 1999, only if the	26740
medicaid long-term care reimbursement study council approves the	26741
change.	26742

(B)(C) Not later than fifteen days after the end of each	26743
calendar quarter, each nursing facility and intermediate care	26744
facility for the mentally retarded shall submit to the department	26745
the complete assessment data, from the instrument specified in	26746
rules adopted under division (A) or (B) of this section, as	26747
appropriate, for each resident, regardless of payment source, who	26748
was in the facility or on hospital or therapeutic leave from the	26749
facility on the last day of the quarter.	26750

Except as provided in division (C) (D) of this section, the	26751
department, after the end of each calendar year and pursuant to	26752
procedures specified in rules adopted in accordance with Chapter	26753
119. of the Revised Code, shall calculate an annual average	26754
case-mix score for each nursing facility and intermediate care	26755
facility for the mentally retarded using the facility's quarterly	26756
case-mix scores for that calendar year.	26757

(C)(D)(1) If a facility does not timely submit information	26758
for a calendar quarter necessary to calculate its case-mix score,	26759
or submits incomplete or inaccurate information for a calendar	26760
quarter, the department may assign the facility a quarterly	26761
average case-mix score that is five per cent less than the	26762
facility's quarterly average case-mix score for the preceding	26763
calendar quarter. If the facility was subject to an exception	26764
review under division (C) of section 5111.27 of the Revised Code	26765
for the preceding calendar quarter, the department may assign a	26766
quarterly average case-mix score that is five per cent less than	26767
the score determined by the exception review. If the facility was	26768
assigned a quarterly average case-mix score for the preceding	26769
quarter, the department may assign a quarterly average case-mix	26770
score that is five per cent less than that score assigned for the	26771
preceding quarter.	26772

The department may use a quarterly average case-mix score	26773
assigned under division (C)(D)(1) of this section, instead of a	26774
quarterly average case-mix score calculated based on the	26775
facility's submitted information, to calculate the facility's rate	26776
for direct care costs being established under section 5111.23 of	26777
the Revised Code for one or more months, as specified in rules	26778
adopted under division (D)(E) of this section, of the quarter for	26779
which the rate established under section 5111.23 of the Revised	26780
Code will be paid.	26781

Before taking action under division (C)(D)(1) of this	26782
section, the department shall permit the facility a reasonable	26783
period of time, specified in rules adopted under division (D)(E)	26784
of this section, to correct the information. In the case of an	26785
intermediate care facility for the mentally retarded, the	26786
department shall not assign a quarterly average case-mix score due	26787
to late submission of corrections to assessment information unless	26788
the facility fails to submit corrected information prior to the	26789
eighty-first day after the end of the calendar quarter to which	26790
the information pertains. In the case of a nursing facility, the	26791
department shall not assign a quarterly average case-mix score due	26792
to late submission of corrections to assessment information unless	26793
the facility fails to submit corrected information prior to the	26794
earlier of the eighty-first day after the end of the calendar	26795
quarter to which the information pertains or the deadline for	26796
submission of such corrections established by regulations adopted	26797
by the United States department of health and human services under	26798
Titles XVIII and XIX of the Social Security Act.	26799

(2) If a facility is paid a rate calculated using a	26800
quarterly average case-mix score assigned under division (C)(D)(1)	26801
of this section for more than six months in a calendar year, the	26802
department may assign the facility a cost per case-mix unit that	26803
is five per cent less than the facility's actual or assigned cost	26804
per case-mix unit for the preceding calendar year. The department	26805
may use the assigned cost per case-mix unit, instead of	26806
calculating the facility's actual cost per case-mix unit in	26807
accordance with section 5111.23 of the Revised Code, to establish	26808
the facility's rate for direct care costs for the following fiscal	26809
year.	26810

(3) The department shall take action under division	26811
(C)(D)(1) or (2) of this section only in accordance with rules	26812
adopted under division (D)(E) of this section. The department	26813
shall not take an action that affects rates for prior payment	26814
periods except in accordance with sections 5111.27 and 5111.28 of	26815
the Revised Code.	26816

(D)(E) The director may adopt rules in accordance with	26817
Chapter 119. of the Revised Code that do any of the following:	26818

(1) Specify the medium or media through which the completed	26819
assessment information shall be submitted;	26820

(2) Establish procedures under which the department will	26821
review assessment information for accuracy and notify the facility	26822
of any information that requires correction;	26823

(3) Establish procedures for facilities to correct	26824
assessment information. The procedures may prohibit an	26825
intermediate care facility for the mentally retarded from	26826
submitting corrected assessment information, for the purpose of	26827
calculating its annual average case-mix score, more than two	26828
calendar quarters after the end of the quarter to which the	26829
information pertains or, if the information pertains to the	26830
quarter ending the thirty-first day of December, after the	26831
thirty-first day of the following March. The procedures may limit	26832
the content of corrections by nursing facilities in the manner	26833
required by regulations adopted by the United States department of	26834
health and human services under Titles XVIII and XIX of the Social	26835
Security Act and prohibit a nursing facility from submitting	26836
corrected assessment information, for the purpose of calculating	26837
its annual average case-mix score, more than the earlier of the	26838
following:	26839

(a) Two calendar quarters after the end of the quarter to	26840
which the information pertains or, if the information pertains to	26841
the quarter ending the thirty-first day of December, after the	26842
thirty-first day of the following March;	26843

(b) The deadline for submission of such corrections	26844
established by regulations adopted by the United States department	26845
of health and human services under Titles XVIII and XIX of the	26846
Social Security Act.	26847

(4) Specify when and how the department will assign case-mix	26848
scores or costs per case-mix unit under division (C)(D) of this	26849
section if information necessary to calculate the facility's	26850
average annual or quarterly case-mix score is not provided or	26851
corrected in accordance with the procedures established by the	26852
rules. Notwithstanding any other provision of sections 5111.20 to	26853
5111.32 of the Revised Code, the rules also may provide for	26854
exclusion of case-mix scores assigned under division (C)(D) of	26855
this section from calculation of the facility's annual average	26856
case-mix score and the maximum cost per case-mix unit for the	26857
facility's peer group.	26858

Sec. 5111.25.  (A) The department of job and family services	26859
shall pay each eligible nursing facility a per resident per day	26860
rate for its reasonable capital costs established prospectively	26861
each fiscal year for each facility. Except as otherwise provided	26862
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	26863
be based on the facility's capital costs for the calendar year	26864
preceding the fiscal year in which the rate will be paid. The	26865
rate shall equal the sum of divisions (A)(1) to (3) and (2) of	26866
this section:	26867

(1) The lesser of the following:

26868

(a) Eighty-eight and sixty-five one-hundredths per cent of	26869
the facility's desk-reviewed, actual, allowable, per diem cost of	26870
ownership and eighty-five per cent of the facility's actual,	26871
allowable, per diem cost of nonextensive renovation determined	26872
under division (F) of this section;	26873

(b) Eighty-eight and sixty-five one-hundredths per cent of	26874
the following limitation:	26875

(i) For the fiscal year beginning July 1, 1993, sixteen	26876
dollars per resident day;	26877

(ii) For the fiscal year beginning July 1, 1994, sixteen	26878
dollars per resident day, adjusted to reflect the rate of	26879
inflation for the twelve-month period beginning July 1, 1992, and	26880
ending June 30, 1993, using the consumer price index for shelter	26881
costs for all urban consumers for the north central region,	26882
published by the United States bureau of labor statistics;	26883

(iii) For subsequent fiscal years, the limitation in effect	26884
during the previous fiscal year, adjusted to reflect the rate of	26885
inflation for the twelve-month period beginning on the first day	26886
of July for the calendar year preceding the calendar year that	26887
precedes the fiscal year and ending on the following thirtieth day	26888
of June, using the consumer price index for shelter costs for all	26889
urban consumers for the north central region, published by the	26890
United States bureau of labor statistics.	26891

(2) Any efficiency incentive determined under division (D)	26892
of this section;	26893

(3) Any amounts for return on equity determined under	26894
division (H) of this section.	26895

Buildings shall be depreciated using the straight line method	26896
over forty years or over a different period approved by the	26897
department. Components and equipment shall be depreciated using	26898
the straight-line method over a period designated in rules adopted	26899
by the director of job and family services in accordance with	26900
Chapter 119. of the Revised Code, consistent with the guidelines	26901
of the American hospital association, or over a different period	26902
approved by the department. Any rules adopted under this division	26903
that specify useful lives of buildings, components, or equipment	26904
apply only to assets acquired on or after July 1, 1993.	26905
Depreciation for costs paid or reimbursed by any government agency	26906
shall not be included in cost of ownership or renovation unless	26907
that part of the payment under sections 5111.20 to 5111.32 of the	26908
Revised Code is used to reimburse the government agency.	26909

(B) The capital cost basis of nursing facility assets shall	26910
be determined in the following manner:	26911

(1) For purposes of calculating the rate to be paid for the	26912
fiscal year beginning July 1, 1993, for facilities with dates of	26913
licensure on or before June 30, 1993, the capital cost basis shall	26914
be equal to the following:	26915

(a) For facilities that have not had a change of ownership	26916
operator during the period beginning January 1, 1993, and ending	26917
June 30, 1993, the desk-reviewed, actual, allowable capital cost	26918
basis that is listed on the facility's cost report for the cost	26919
reporting period ending December 31, 1992, plus the actual,	26920
allowable capital cost basis of any assets constructed or acquired	26921
after December 31, 1992, but before July 1, 1993, if the aggregate	26922
capital costs of those assets would increase the facility's rate	26923
for capital costs by twenty or more cents per resident per day.	26924

(b) For facilities that have a date of licensure or had a	26925
change of ownership operator during the period beginning January	26926
1, 1993, and ending June 30, 1993, the actual, allowable capital	26927
cost basis of the person or government entity that owns the	26928
facility on June 30, 1993.	26929

Capital cost basis shall be calculated as provided in	26930
division (B)(1) of this section subject to approval by the United	26931
States health care financing administration of any necessary	26932
amendment to the state plan for providing medical assistance.	26933

The department shall include the actual, allowable capital	26934
cost basis of assets constructed or acquired during the period	26935
beginning January 1, 1993, and ending June 30, 1993, in the	26936
calculation for the facility's rate effective July 1, 1993, if the	26937
aggregate capital costs of the assets would increase the	26938
facility's rate by twenty or more cents per resident per day and	26939
the facility provides the department with sufficient documentation	26940
of the costs before June 1, 1993. If the facility provides the	26941
documentation after that date, the department shall adjust the	26942
facility's rate to reflect the costs of the assets one month after	26943
the first day of the month after the department receives the	26944
documentation.	26945

(2) Except as provided in division (B)(4) of this section,	26946
for purposes of calculating the rates to be paid for fiscal years	26947
beginning after June 30, 1994, for facilities with dates of	26948
licensure on or before June 30, 1993, the capital cost basis of	26949
each asset shall be equal to the desk-reviewed, actual, allowable,	26950
capital cost basis that is listed on the facility's cost report	26951
for the calendar year preceding the fiscal year during which the	26952
rate will be paid.	26953

(3) For facilities with dates of licensure after June 30,	26954
1993, the capital cost basis shall be determined in accordance	26955
with the principles of the medicare program established under	26956
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	26957
U.S.C.A. 301, as amended, except as otherwise provided in sections	26958
5111.20 to 5111.32 of the Revised Code.	26959

(4) Except as provided in division (B)(5) of this section,	26960
if a provider transfers an interest in a facility to another	26961
provider after June 30, 1993, there shall be no increase in the	26962
capital cost basis of the asset if the providers are related	26963
parties. If the providers are not related parties or if they are	26964
related parties and division (B)(5) of this section requires the	26965
adjustment of the capital cost basis under this division, the	26966
basis of the asset shall be adjusted by the lesser of the	26967
following:	26968

(a) One-half of the change in construction costs during the	26969
time that the transferor held the asset, as calculated by the	26970
department of job and family services using the "Dodge building	26971
cost indexes, northeastern and north central states," published by	26972
Marshall and Swift;	26973

(b) One-half of the change in the consumer price index for	26974
all items for all urban consumers, as published by the United	26975
States bureau of labor statistics, during the time that the	26976
transferor held the asset.	26977

(5) If a provider transfers an interest in a facility to	26978
another provider who is a related party, the capital cost basis of	26979
the asset shall be adjusted as specified in division (B)(4) of	26980
this section for a transfer to a provider that is not a related	26981
party if all of the following conditions are met:	26982

(a) The related party is a relative of the owner;

26983

(b) Except as provided in division (B)(5)(c)(ii) of this	26984
section, the provider making the transfer retains no ownership	26985
interest in the facility;	26986

(c) The department of job and family services determines	26987
that the transfer is an arm's length transaction pursuant to rules	26988
the department shall adopt in accordance with Chapter 119. of the	26989
Revised Code no later than December 31, 2000. The rules shall	26990
provide that a transfer is an arm's length transaction if all of	26991
the following apply:	26992

(i) Once the transfer goes into effect, the provider that	26993
made the transfer has no direct or indirect interest in the	26994
provider that acquires the facility or the facility itself,	26995
including interest as an owner, officer, director, employee,	26996
independent contractor, or consultant, but excluding interest as a	26997
creditor.	26998

(ii) The provider that made the transfer does not reacquire	26999
an interest in the facility except through the exercise of a	27000
creditor's rights in the event of a default. If the provider	27001
reacquires an interest in the facility in this manner, the	27002
department shall treat the facility as if the transfer never	27003
occurred when the department calculates its reimbursement rates	27004
for capital costs.	27005

(iii) The transfer satisfies any other criteria specified in	27006
the rules.	27007

(d) Except in the case of hardship caused by a catastrophic	27008
event, as determined by the department, or in the case of a	27009
provider making the transfer who is at least sixty-five years of	27010
age, not less than twenty years have elapsed since, for the same	27011
facility, the capital cost basis was adjusted most recently under	27012
division (B)(5) of this section or actual, allowable cost of	27013
ownership was determined most recently under division (C)(9) of	27014
this section.	27015

(C) As used in this division, "lease expense" means lease	27016
payments in the case of an operating lease and depreciation	27017
expense and interest expense in the case of a capital lease. As	27018
used in this division, "new lease" means a lease, to a different	27019
lessee, of a nursing facility that previously was operated under a	27020
lease.	27021

(1) Subject to the limitation specified in division (A)(1)	27022
of this section, for a lease of a facility that was effective on	27023
May 27, 1992, the entire lease expense is an actual, allowable	27024
cost of ownership during the term of the existing lease. The	27025
entire lease expense also is an actual, allowable cost of	27026
ownership if a lease in existence on May 27, 1992, is renewed	27027
under either of the following circumstances:	27028

(a) The renewal is pursuant to a renewal option that was in	27029
existence on May 27, 1992;	27030

(b) The renewal is for the same lease payment amount and	27031
between the same parties as the lease in existence on May 27,	27032
1992.	27033

(2) Subject to the limitation specified in division (A)(1)	27034
of this section, for a lease of a facility that was in existence	27035
but not operated under a lease on May 27, 1992, actual, allowable	27036
cost of ownership shall include the lesser of the annual lease	27037
expense or the annual depreciation expense and imputed interest	27038
expense that would be calculated at the inception of the lease	27039
using the lessor's entire historical capital asset cost basis,	27040
adjusted by the lesser of the following amounts:	27041

(a) One-half of the change in construction costs during the	27042
time the lessor held each asset until the beginning of the lease,	27043
as calculated by the department using the "Dodge building cost	27044
indexes, northeastern and north central states," published by	27045
Marshall and Swift;	27046

(b) One-half of the change in the consumer price index for	27047
all items for all urban consumers, as published by the United	27048
States bureau of labor statistics, during the time the lessor held	27049
each asset until the beginning of the lease.	27050

(3) Subject to the limitation specified in division (A)(1)	27051
of this section, for a lease of a facility with a date of	27052
licensure on or after May 27, 1992, that is initially operated	27053
under a lease, actual, allowable cost of ownership shall include	27054
the annual lease expense if there was a substantial commitment of	27055
money for construction of the facility after December 22, 1992,	27056
and before July 1, 1993. If there was not a substantial	27057
commitment of money after December 22, 1992, and before July 1,	27058
1993, actual, allowable cost of ownership shall include the lesser	27059
of the annual lease expense or the sum of the following:	27060

(a) The annual depreciation expense that would be calculated	27061
at the inception of the lease using the lessor's entire historical	27062
capital asset cost basis;	27063

(b) The greater of the lessor's actual annual amortization	27064
of financing costs and interest expense at the inception of the	27065
lease or the imputed interest expense calculated at the inception	27066
of the lease using seventy per cent of the lessor's historical	27067
capital asset cost basis.	27068

(4) Subject to the limitation specified in division (A)(1)	27069
of this section, for a lease of a facility with a date of	27070
licensure on or after May 27, 1992, that was not initially	27071
operated under a lease and has been in existence for ten years,	27072
actual, allowable cost of ownership shall include the lesser of	27073
the annual lease expense or the annual depreciation expense and	27074
imputed interest expense that would be calculated at the inception	27075
of the lease using the entire historical capital asset cost basis	27076
of the lessor, adjusted by the lesser of the following:	27077

(a) One-half of the change in construction costs during the	27078
time the lessor held each asset until the beginning of the lease,	27079
as calculated by the department using the "Dodge building cost	27080
indexes, northeastern and north central states," published by	27081
Marshall and Swift;	27082

(b) One-half of the change in the consumer price index for	27083
all items for all urban consumers, as published by the United	27084
States bureau of labor statistics, during the time the lessor held	27085
each asset until the beginning of the lease.	27086

(5) Subject to the limitation specified in division (A)(1)	27087
of this section, for a new lease of a facility that was operated	27088
under a lease on May 27, 1992, actual, allowable cost of ownership	27089
shall include the lesser of the annual new lease expense or the	27090
annual old lease payment. If the old lease was in effect for ten	27091
years or longer, the old lease payment from the beginning of the	27092
old lease shall be adjusted by the lesser of the following:	27093

(a) One-half of the change in construction costs from the	27094
beginning of the old lease to the beginning of the new lease, as	27095
calculated by the department using the "Dodge building cost	27096
indexes, northeastern and north central states," published by	27097
Marshall and Swift;	27098

(b) One-half of the change in the consumer price index for	27099
all items for all urban consumers, as published by the United	27100
States bureau of labor statistics, from the beginning of the old	27101
lease to the beginning of the new lease.	27102

(6) Subject to the limitation specified in division (A)(1)	27103
of this section, for a new lease of a facility that was not in	27104
existence or that was in existence but not operated under a lease	27105
on May 27, 1992, actual, allowable cost of ownership shall include	27106
the lesser of annual new lease expense or the annual amount	27107
calculated for the old lease under division (C)(2), (3), (4), or	27108
(6) of this section, as applicable. If the old lease was in	27109
effect for ten years or longer, the lessor's historical capital	27110
asset cost basis shall be adjusted by the lesser of the following	27111
for purposes of calculating the annual amount under division	27112
(C)(2), (3), (4), or (6) of this section:	27113

(a) One-half of the change in construction costs from the	27114
beginning of the old lease to the beginning of the new lease, as	27115
calculated by the department using the "Dodge building cost	27116
indexes, northeastern and north central states," published by	27117
Marshall and Swift;	27118

(b) One-half of the change in the consumer price index for	27119
all items for all urban consumers, as published by the United	27120
States bureau of labor statistics, from the beginning of the old	27121
lease to the beginning of the new lease.	27122

In the case of a lease under division (C)(3) of this section	27123
of a facility for which a substantial commitment of money was made	27124
after December 22, 1992, and before July 1, 1993, the old lease	27125
payment shall be adjusted for the purpose of determining the	27126
annual amount.	27127

(7) For any revision of a lease described in division	27128
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any	27129
subsequent lease of a facility operated under such a lease, other	27130
than execution of a new lease, the portion of actual, allowable	27131
cost of ownership attributable to the lease shall be the same as	27132
before the revision or subsequent lease.	27133

(8) Except as provided in division (C)(9) of this section,	27134
if a provider leases an interest in a facility to another provider	27135
who is a related party, the related party's actual, allowable cost	27136
of ownership shall include the lesser of the annual lease expense	27137
or the reasonable cost to the lessor.	27138

(9) If a provider leases an interest in a facility to	27139
another provider who is a related party, regardless of the date of	27140
the lease, the related party's actual, allowable cost of ownership	27141
shall include the annual lease expense, subject to the limitations	27142
specified in divisions (C)(1) to (7) of this section, if all of	27143
the following conditions are met:	27144

(a) The related party is a relative of owner;

27145

(b) If the lessor retains an ownership interest, it is,	27146
except as provided in division (C)(9)(c)(ii) of this section, in	27147
only the real property and any improvements on the real property;	27148

(c) The department of job and family services determines	27149
that the lease is an arm's length transaction pursuant to rules	27150
the department shall adopt in accordance with Chapter 119. of the	27151
Revised Code no later than December 31, 2000. The rules shall	27152
provide that a lease is an arm's length transaction if all of the	27153
following apply:	27154

(i) Once the lease goes into effect, the lessor has no	27155
direct or indirect interest in the lessee or, except as provided	27156
in division (C)(9)(b) of this section, the facility itself,	27157
including interest as an owner, officer, director, employee,	27158
independent contractor, or consultant, but excluding interest as a	27159
lessor.	27160

(ii) The lessor does not reacquire an interest in the	27161
facility except through the exercise of a lessor's rights in the	27162
event of a default. If the lessor reacquires an interest in the	27163
facility in this manner, the department shall treat the facility	27164
as if the lease never occurred when the department calculates its	27165
reimbursement rates for capital costs.	27166

(iii) The lease satisfies any other criteria specified in	27167
the rules.	27168

(d) Except in the case of hardship caused by a catastrophic	27169
event, as determined by the department, or in the case of a lessor	27170
who is at least sixty-five years of age, not less than twenty	27171
years have elapsed since, for the same facility, the capital cost	27172
basis was adjusted most recently under division (B)(5) of this	27173
section or actual, allowable cost of ownership was determined most	27174
recently under division (C)(9) of this section.	27175

(10) This division does not apply to leases of specific	27176
items of equipment.	27177

(D)(1) Subject to division (D)(2) of this section, the	27178
department shall pay each nursing facility an efficiency incentive	27179
that is equal to fifty per cent of the difference between the	27180
following:	27181

(a) Eighty-eight and sixty-five one-hundredths per cent of	27182
the facility's desk-reviewed, actual, allowable, per diem cost of	27183
ownership;	27184

(b) The applicable amount specified in division (E) of this	27185
section.	27186

(2) The efficiency incentive paid to a nursing facility	27187
shall not exceed the greater of the following:	27188

(a) The efficiency incentive the facility was paid during	27189
the fiscal year ending June 30, 1994;	27190

(b) Three dollars per resident per day, adjusted annually	27191
for rates paid beginning July 1, 1994, for the inflation rate for	27192
the twelve-month period beginning on the first day of July of the	27193
calendar year preceding the calendar year that precedes the fiscal	27194
year for which the efficiency incentive is determined and ending	27195
on the thirtieth day of the following June, using the consumer	27196
price index for shelter costs for all urban consumers for the	27197
north central region, as published by the United States bureau of	27198
labor statistics.	27199

(3) For purposes of calculating the efficiency incentive,	27200
depreciation for costs that are paid or reimbursed by any	27201
government agency shall be considered as costs of ownership, and	27202
renovation costs that are paid under division (F) of this section	27203
shall not be considered costs of ownership.	27204

(E) The following amounts shall be used to calculate	27205
efficiency incentives for nursing facilities under this section:	27206

(1) For facilities with dates of licensure prior to January	27207
1, 1958, four dollars and twenty-four cents per patient day;	27208

(2) For facilities with dates of licensure after December	27209
31, 1957, but prior to January 1, 1968:	27210

(a) Five dollars and twenty-four cents per patient day if	27211
the cost of construction was three thousand five hundred dollars	27212
or more per bed;	27213

(b) Four dollars and twenty-four cents per patient day if	27214
the cost of construction was less than three thousand five hundred	27215
dollars per bed.	27216

(3) For facilities with dates of licensure after December	27217
31, 1967, but prior to January 1, 1976:	27218

(a) Six dollars and twenty-four cents per patient day if the	27219
cost of construction was five thousand one hundred fifty dollars	27220
or more per bed;	27221

(b) Five dollars and twenty-four cents per patient day if	27222
the cost of construction was less than five thousand one hundred	27223
fifty dollars per bed, but exceeded three thousand five hundred	27224
dollars per bed;	27225

(c) Four dollars and twenty-four cents per patient day if	27226
the cost of construction was three thousand five hundred dollars	27227
or less per bed.	27228

(4) For facilities with dates of licensure after December	27229
31, 1975, but prior to January 1, 1979:	27230

(a) Seven dollars and twenty-four cents per patient day if	27231
the cost of construction was six thousand eight hundred dollars or	27232
more per bed;	27233

(b) Six dollars and twenty-four cents per patient day if the	27234
cost of construction was less than six thousand eight hundred	27235
dollars per bed but exceeded five thousand one hundred fifty	27236
dollars per bed;	27237

(c) Five dollars and twenty-four cents per patient day if	27238
the cost of construction was five thousand one hundred fifty	27239
dollars or less per bed, but exceeded three thousand five hundred	27240
dollars per bed;	27241

(d) Four dollars and twenty-four cents per patient day if	27242
the cost of construction was three thousand five hundred dollars	27243
or less per bed.	27244

(5) For facilities with dates of licensure after December	27245
31, 1978, but prior to January 1, 1981:	27246

(a) Seven dollars and seventy-four cents per patient day if	27247
the cost of construction was seven thousand six hundred	27248
twenty-five dollars or more per bed;	27249

(b) Seven dollars and twenty-four cents per patient day if	27250
the cost of construction was less than seven thousand six hundred	27251
twenty-five dollars per bed but exceeded six thousand eight	27252
hundred dollars per bed;	27253

(c) Six dollars and twenty-four cents per patient day if the	27254
cost of construction was six thousand eight hundred dollars or	27255
less per bed but exceeded five thousand one hundred fifty dollars	27256
per bed;	27257

(d) Five dollars and twenty-four cents per patient day if	27258
the cost of construction was five thousand one hundred fifty	27259
dollars or less but exceeded three thousand five hundred dollars	27260
per bed;	27261

(e) Four dollars and twenty-four cents per patient day if	27262
the cost of construction was three thousand five hundred dollars	27263
or less per bed.	27264

(6) For facilities with dates of licensure in 1981 or any	27265
year thereafter prior to December 22, 1992, the following amount:	27266

(a) For facilities with construction costs less than seven	27267
thousand six hundred twenty-five dollars per bed, the applicable	27268
amounts for the construction costs specified in divisions	27269
(E)(5)(b) to (e) of this section;	27270

(b) For facilities with construction costs of seven thousand	27271
six hundred twenty-five dollars or more per bed, six dollars per	27272
patient day, provided that for 1981 and annually thereafter prior	27273
to December 22, 1992, department shall do both of the following to	27274
the six-dollar amount:	27275

(i) Adjust the amount for fluctuations in construction costs	27276
calculated by the department using the "Dodge building cost	27277
indexes, northeastern and north central states," published by	27278
Marshall and Swift, using 1980 as the base year;	27279

(ii) Increase the amount, as adjusted for inflation under	27280
division (E)(6)(b)(i) of this section, by one dollar and	27281
seventy-four cents.	27282

(7) For facilities with dates of licensure on or after	27283
January 1, 1992, seven dollars and ninety-seven cents, adjusted	27284
for fluctuations in construction costs between 1991 and 1993 as	27285
calculated by the department using the "Dodge building cost	27286
indexes, northeastern and north central states," published by	27287
Marshall and Swift, and then increased by one dollar and	27288
seventy-four cents.	27289

For the fiscal year that begins July 1, 1994, each of the	27290
amounts listed in divisions (E)(1) to (7) of this section shall be	27291
increased by twenty-five cents. For the fiscal year that begins	27292
July 1, 1995, each of those amounts shall be increased by an	27293
additional twenty-five cents. For subsequent fiscal years, each	27294
of those amounts, as increased for the prior fiscal year, shall be	27295
adjusted to reflect the rate of inflation for the twelve-month	27296
period beginning on the first day of July of the calendar year	27297
preceding the calendar year that precedes the fiscal year and	27298
ending on the following thirtieth day of June, using the consumer	27299
price index for shelter costs for all urban consumers for the	27300
north central region, as published by the United States bureau of	27301
labor statistics.	27302

If the amount established for a nursing facility under this	27303
division is less than the amount that applied to the facility	27304
under division (B) of former section 5111.25 of the Revised Code,	27305
as the former section existed immediately prior to December 22,	27306
1992, the amount used to calculate the efficiency incentive for	27307
the facility under division (D)(2) of this section shall be the	27308
amount that was calculated under division (B) of the former	27309
section.	27310

(F) Beginning July 1, 1993, regardless of the facility's	27311
date of licensure or the date of the nonextensive renovations, the	27312
rate for the costs of nonextensive renovations for nursing	27313
facilities shall be eighty-five per cent of the desk-reviewed,	27314
actual, allowable, per diem, nonextensive renovation costs. This	27315
division applies to nonextensive renovations regardless of whether	27316
they are made by an owner or a lessee. If the tenancy of a lessee	27317
that has made nonextensive renovations ends before the	27318
depreciation expense for the renovation costs has been fully	27319
reported, the former lessee shall not report the undepreciated	27320
balance as an expense.	27321

(1) For a nonextensive renovation made after July 1, 1993,	27322
to qualify for payment under this division, both of the following	27323
conditions must be met:	27324

(a) At least five years have elapsed since the date of	27325
licensure of the portion of the facility that is proposed to be	27326
renovated, except that this condition does not apply if the	27327
renovation is necessary to meet the requirements of federal,	27328
state, or local statutes, ordinances, rules, or policies.	27329

(b) The provider has obtained prior approval from the	27330
department of job and family services, and if required the	27331
director of health has granted a certificate of need for the	27332
renovation under section 3702.52 of the Revised Code. The	27333
provider shall submit a plan that describes in detail the changes	27334
in capital assets to be accomplished by means of the renovation	27335
and the timetable for completing the project. The time for	27336
completion of the project shall be no more than eighteen months	27337
after the renovation begins. The department of job and family	27338
services shall adopt rules in accordance with Chapter 119. of the	27339
Revised Code that specify criteria and procedures for prior	27340
approval of renovation projects. No provider shall separate a	27341
project with the intent to evade the characterization of the	27342
project as a renovation or as an extensive renovation. No	27343
provider shall increase the scope of a project after it is	27344
approved by the department of job and family services unless the	27345
increase in scope is approved by the department.	27346

(2) The payment provided for in this division is the only	27347
payment that shall be made for the costs of a nonextensive	27348
renovation. Nonextensive renovation costs shall not be included	27349
in costs of ownership, and a nonextensive renovation shall not	27350
affect the date of licensure for purposes of calculating the	27351
efficiency incentive under divisions (D) and (E) of this section.	27352

(G) The owner of a nursing facility operating under a	27353
provider agreement shall provide written notice to the department	27354
of job and family services at least forty-five days prior to	27355
entering into any contract of sale for the facility or voluntarily	27356
terminating participation in the medical assistance program. After	27357
the date on which a transaction of sale of a nursing facility is	27358
closed, the owner of the nursing facility shall refund to the	27359
department the amount of excess depreciation paid to the facility	27360
by the department for each year the owner has operated the	27361
facility under a provider agreement and prorated according to the	27362
number of medicaid patient days for which the facility has	27363
received payment. If a nursing facility is sold after five or	27364
fewer years of operation under a provider agreement, the refund to	27365
the department shall be equal to the excess depreciation paid to	27366
the facility. If a nursing facility is sold after more than five	27367
years but less than ten years of operation under a provider	27368
agreement, the refund to the department shall equal the excess	27369
depreciation paid to the facility multiplied by twenty per cent,	27370
multiplied by the difference between ten and the number of years	27371
that the facility was operated under a provider agreement. If a	27372
nursing facility is sold after ten or more years of operation	27373
under a provider agreement, the owner shall not refund any excess	27374
depreciation to the department. The owner of a facility that is	27375
sold or that voluntarily terminates participation in the medical	27376
assistance program also shall refund any other amount that the	27377
department properly finds to be due after the audit conducted	27378
under this division section 5111.3412 of the Revised Code. For	27379
the purposes of this division, "depreciation paid to the facility"	27380
means the amount paid to the nursing facility for cost of	27381
ownership pursuant to this section less any amount paid for	27382
interest costs, amortization of financing costs, and lease	27383
expenses. For the purposes of this division, "excess	27384
depreciation" is the nursing facility's depreciated basis, which	27385
is the owner's cost less accumulated depreciation, subtracted from	27386
the purchase price net of selling costs but not exceeding the	27387
amount of depreciation paid to the facility.	27388

A cost report shall be filed with the department within	27389
ninety days after the date on which the transaction of sale is	27390
closed or participation is voluntarily terminated. The report	27391
shall show the accumulated depreciation, the sales price, and	27392
other information required by the department. The amount of the	27393
last two monthly payments to a nursing facility made pursuant to	27394
division (A)(1) of section 5111.22 of the Revised Code before a	27395
sale or termination of participation shall be held in escrow by a	27396
bank, trust company, or savings and loan association, except that	27397
if the amount the owner will be required to refund under this	27398
section is likely to be less than the amount of the last two	27399
monthly payments, the department shall take one of the following	27400
actions instead of withholding the amount of the last two monthly	27401
payments:	27402

(1) In the case of an owner that owns other facilities that	27403
participate in the medical assistance program, obtain a promissory	27404
note in an amount sufficient to cover the amount likely to be	27405
refunded;	27406

(2) In the case of all other owners, withhold the amount of	27407
the last monthly payment to the nursing facility.	27408

The department shall, within ninety days following the filing	27409
of the cost report, audit the cost report and issue an audit	27410
report to the owner. The department also may audit any other cost	27411
report that the facility has filed during the previous three	27412
years. In the audit report, the department shall state its	27413
findings and the amount of any money owed to the department by the	27414
nursing facility. The findings shall be subject to adjudication	27415
conducted in accordance with Chapter 119. of the Revised Code. No	27416
later than fifteen days after the owner agrees to a settlement,	27417
any funds held in escrow less any amounts due to the department	27418
shall be released to the owner and amounts due to the department	27419
shall be paid to the department. If the amounts in escrow are	27420
less than the amounts due to the department, the balance shall be	27421
paid to the department within fifteen days after the owner agrees	27422
to a settlement. If the department does not issue its audit	27423
report within the ninety-day period, the department shall release	27424
any money held in escrow to the owner. For the purposes of this	27425
section, a transfer of corporate stock, the merger of one	27426
corporation into another, or a consolidation does not constitute a	27427
sale.	27428

If a nursing facility is not sold or its participation is not	27429
terminated after notice is provided to the department under this	27430
division, the department shall order any payments held in escrow	27431
released to the facility upon receiving written notice from the	27432
owner that there will be no sale or termination. After written	27433
notice is received from a nursing facility that a sale or	27434
termination will not take place, the facility shall provide notice	27435
to the department at least forty-five days prior to entering into	27436
any contract of sale or terminating participation at any future	27437
time.	27438

(H) The department shall pay each eligible proprietary	27439
nursing facility a return on the facility's net equity computed at	27440
the rate of one and one-half times the average interest rate on	27441
special issues of public debt obligations issued to the federal	27442
hospital insurance trust fund for the cost reporting period,	27443
except that no facility's return on net equity shall exceed one	27444
dollar per patient day.	27445

When calculating the rate for return on net equity, the	27446
department shall use the greater of the facility's inpatient days	27447
during the applicable cost reporting period or the number of	27448
inpatient days the facility would have had during that period if	27449
its occupancy rate had been ninety-five per cent.	27450

(I) If a nursing facility would receive a lower rate for	27451
capital costs for assets in the facility's possession on July 1,	27452
1993, under this section than it would receive under former	27453
section 5111.25 of the Revised Code, as the former section existed	27454
immediately prior to December 22, 1992, the facility shall receive	27455
for those assets the rate it would have received under the former	27456
section for each fiscal year beginning on or after July 1, 1993,	27457
until the rate it would receive under this section exceeds the	27458
rate it would have received under the former section. Any	27459
facility that receives a rate calculated under the former section	27460
5111.25 of the Revised Code for assets in the facility's	27461
possession on July 1, 1993, also shall receive a rate calculated	27462
under this section for costs of any assets it constructs or	27463
acquires after July 1, 1993.	27464

Sec. 5111.251.  (A) The department of job and family	27465
services shall pay each eligible intermediate care facility for	27466
the mentally retarded for its reasonable capital costs, a per	27467
resident per day rate established prospectively each fiscal year	27468
for each intermediate care facility for the mentally retarded.	27469
Except as otherwise provided in sections 5111.20 to 5111.32 of the	27470
Revised Code, the rate shall be based on the facility's capital	27471
costs for the calendar year preceding the fiscal year in which the	27472
rate will be paid. The rate shall equal the sum of the following:	27473

(1) The facility's desk-reviewed, actual, allowable, per	27474
diem cost of ownership for the preceding cost reporting period,	27475
limited as provided in divisions (C) and (F) of this section;	27476

(2) Any efficiency incentive determined under division (B)	27477
of this section;	27478

(3) Any amounts for renovations determined under division	27479
(D) of this section;	27480

(4) Any amounts for return on equity determined under	27481
division (I) of this section.	27482

Buildings shall be depreciated using the straight line method	27483
over forty years or over a different period approved by the	27484
department. Components and equipment shall be depreciated using	27485
the straight line method over a period designated by the director	27486
of job and family services in rules adopted in accordance with	27487
Chapter 119. of the Revised Code, consistent with the guidelines	27488
of the American hospital association, or over a different period	27489
approved by the department of job and family services. Any rules	27490
adopted under this division that specify useful lives of	27491
buildings, components, or equipment apply only to assets acquired	27492
on or after July 1, 1993. Depreciation for costs paid or	27493
reimbursed by any government agency shall not be included in costs	27494
of ownership or renovation unless that part of the payment under	27495
sections 5111.20 to 5111.32 of the Revised Code is used to	27496
reimburse the government agency.	27497

(B) The department of job and family services shall pay to	27498
each intermediate care facility for the mentally retarded an	27499
efficiency incentive equal to fifty per cent of the difference	27500
between any desk-reviewed, actual, allowable cost of ownership and	27501
the applicable limit on cost of ownership payments under division	27502
(C) of this section. For purposes of computing the efficiency	27503
incentive, depreciation for costs paid or reimbursed by any	27504
government agency shall be considered as a cost of ownership, and	27505
the applicable limit under division (C) of this section shall	27506
apply both to facilities with more than eight beds and facilities	27507
with eight or fewer beds. The efficiency incentive paid to a	27508
facility with eight or fewer beds shall not exceed three dollars	27509
per patient day, adjusted annually for the inflation rate for the	27510
twelve-month period beginning on the first day of July of the	27511
calendar year preceding the calendar year that precedes the fiscal	27512
year for which the efficiency incentive is determined and ending	27513
on the thirtieth day of the following June, using the consumer	27514
price index for shelter costs for all urban consumers for the	27515
north central region, as published by the United States bureau of	27516
labor statistics.	27517

(C) Cost of ownership payments to intermediate care	27518
facilities for the mentally retarded with more than eight beds	27519
shall not exceed the following limits:	27520

(1) For facilities with dates of licensure prior to January	27521
1, l958, not exceeding two dollars and fifty cents per patient	27522
day;	27523

(2) For facilities with dates of licensure after December	27524
31, l957, but prior to January 1, l968, not exceeding:	27525

(a) Three dollars and fifty cents per patient day if the	27526
cost of construction was three thousand five hundred dollars or	27527
more per bed;	27528

(b) Two dollars and fifty cents per patient day if the cost	27529
of construction was less than three thousand five hundred dollars	27530
per bed.	27531

(3) For facilities with dates of licensure after December	27532
31, l967, but prior to January 1, l976, not exceeding:	27533

(a) Four dollars and fifty cents per patient day if the cost	27534
of construction was five thousand one hundred fifty dollars or	27535
more per bed;	27536

(b) Three dollars and fifty cents per patient day if the	27537
cost of construction was less than five thousand one hundred fifty	27538
dollars per bed, but exceeds three thousand five hundred dollars	27539
per bed;	27540

(c) Two dollars and fifty cents per patient day if the cost	27541
of construction was three thousand five hundred dollars or less	27542
per bed.	27543

(4) For facilities with dates of licensure after December	27544
31, l975, but prior to January 1, l979, not exceeding:	27545

(a) Five dollars and fifty cents per patient day if the cost	27546
of construction was six thousand eight hundred dollars or more per	27547
bed;	27548

(b) Four dollars and fifty cents per patient day if the cost	27549
of construction was less than six thousand eight hundred dollars	27550
per bed but exceeds five thousand one hundred fifty dollars per	27551
bed;	27552

(c) Three dollars and fifty cents per patient day if the	27553
cost of construction was five thousand one hundred fifty dollars	27554
or less per bed, but exceeds three thousand five hundred dollars	27555
per bed;	27556

(d) Two dollars and fifty cents per patient day if the cost	27557
of construction was three thousand five hundred dollars or less	27558
per bed.	27559

(5) For facilities with dates of licensure after December	27560
31, l978, but prior to January 1, l980, not exceeding:	27561

(a) Six dollars per patient day if the cost of construction	27562
was seven thousand six hundred twenty-five dollars or more per	27563
bed;	27564

(b) Five dollars and fifty cents per patient day if the cost	27565
of construction was less than seven thousand six hundred	27566
twenty-five dollars per bed but exceeds six thousand eight hundred	27567
dollars per bed;	27568

(c) Four dollars and fifty cents per patient day if the cost	27569
of construction was six thousand eight hundred dollars or less per	27570
bed but exceeds five thousand one hundred fifty dollars per bed;	27571

(d) Three dollars and fifty cents per patient day if the	27572
cost of construction was five thousand one hundred fifty dollars	27573
or less but exceeds three thousand five hundred dollars per bed;	27574

(e) Two dollars and fifty cents per patient day if the cost	27575
of construction was three thousand five hundred dollars or less	27576
per bed.	27577

(6) For facilities with dates of licensure after December	27578
31, 1979, but prior to January 1, 1981, not exceeding:	27579

(a) Twelve dollars per patient day if the beds were	27580
originally licensed as residential facility beds by the department	27581
of mental retardation and developmental disabilities;	27582

(b) Six dollars per patient day if the beds were originally	27583
licensed as nursing home beds by the department of health.	27584

(7) For facilities with dates of licensure after December	27585
31, 1980, but prior to January 1, 1982, not exceeding:	27586

(a) Twelve dollars per patient day if the beds were	27587
originally licensed as residential facility beds by the department	27588
of mental retardation and developmental disabilities;	27589

(b) Six dollars and forty-five cents per patient day if the	27590
beds were originally licensed as nursing home beds by the	27591
department of health.	27592

(8) For facilities with dates of licensure after December	27593
31, 1981, but prior to January 1, 1983, not exceeding:	27594

(a) Twelve dollars per patient day if the beds were	27595
originally licensed as residential facility beds by the department	27596
of mental retardation and developmental disabilities;	27597

(b) Six dollars and seventy-nine cents per patient day if	27598
the beds were originally licensed as nursing home beds by the	27599
department of health.	27600

(9) For facilities with dates of licensure after December	27601
31, 1982, but prior to January 1, 1984, not exceeding:	27602

(a) Twelve dollars per patient day if the beds were	27603
originally licensed as residential facility beds by the department	27604
of mental retardation and developmental disabilities;	27605

(b) Seven dollars and nine cents per patient day if the beds	27606
were originally licensed as nursing home beds by the department of	27607
health.	27608

(10) For facilities with dates of licensure after December	27609
31, 1983, but prior to January 1, 1985, not exceeding:	27610

(a) Twelve dollars and twenty-four cents per patient day if	27611
the beds were originally licensed as residential facility beds by	27612
the department of mental retardation and developmental	27613
disabilities;	27614

(b) Seven dollars and twenty-three cents per patient day if	27615
the beds were originally licensed as nursing home beds by the	27616
department of health.	27617

(11) For facilities with dates of licensure after December	27618
31, 1984, but prior to January 1, 1986, not exceeding:	27619

(a) Twelve dollars and fifty-three cents per patient day if	27620
the beds were originally licensed as residential facility beds by	27621
the department of mental retardation and developmental	27622
disabilities;	27623

(b) Seven dollars and forty cents per patient day if the	27624
beds were originally licensed as nursing home beds by the	27625
department of health.	27626

(12) For facilities with dates of licensure after December	27627
31, 1985, but prior to January 1, 1987, not exceeding:	27628

(a) Twelve dollars and seventy cents per patient day if the	27629
beds were originally licensed as residential facility beds by the	27630
department of mental retardation and developmental disabilities;	27631

(b) Seven dollars and fifty cents per patient day if the	27632
beds were originally licensed as nursing home beds by the	27633
department of health.	27634

(13) For facilities with dates of licensure after December	27635
31, 1986, but prior to January 1, 1988, not exceeding:	27636

(a) Twelve dollars and ninety-nine cents per patient day if	27637
the beds were originally licensed as residential facility beds by	27638
the department of mental retardation and developmental	27639
disabilities;	27640

(b) Seven dollars and sixty-seven cents per patient day if	27641
the beds were originally licensed as nursing home beds by the	27642
department of health.	27643

(14) For facilities with dates of licensure after December	27644
31, 1987, but prior to January 1, 1989, not exceeding thirteen	27645
dollars and twenty-six cents per patient day;	27646

(15) For facilities with dates of licensure after December	27647
31, 1988, but prior to January 1, 1990, not exceeding thirteen	27648
dollars and forty-six cents per patient day;	27649

(16) For facilities with dates of licensure after December	27650
31, 1989, but prior to January 1, 1991, not exceeding thirteen	27651
dollars and sixty cents per patient day;	27652

(17) For facilities with dates of licensure after December	27653
31, 1990, but prior to January 1, 1992, not exceeding thirteen	27654
dollars and forty-nine cents per patient day;	27655

(18) For facilities with dates of licensure after December	27656
31, 1991, but prior to January 1, 1993, not exceeding thirteen	27657
dollars and sixty-seven cents per patient day;	27658

(19) For facilities with dates of licensure after December	27659
31, 1992, not exceeding fourteen dollars and twenty-eight cents	27660
per patient day.	27661

(D) Beginning January 1, 1981, regardless of the original	27662
date of licensure, the department of job and family services shall	27663
pay a rate for the per diem capitalized costs of renovations to	27664
intermediate care facilities for the mentally retarded made after	27665
January 1, l981, not exceeding six dollars per patient day using	27666
1980 as the base year and adjusting the amount annually until June	27667
30, 1993, for fluctuations in construction costs calculated by the	27668
department using the "Dodge building cost indexes, northeastern	27669
and north central states," published by Marshall and Swift. The	27670
payment provided for in this division is the only payment that	27671
shall be made for the capitalized costs of a nonextensive	27672
renovation of an intermediate care facility for the mentally	27673
retarded. Nonextensive renovation costs shall not be included in	27674
cost of ownership, and a nonextensive renovation shall not affect	27675
the date of licensure for purposes of division (C) of this	27676
section. This division applies to nonextensive renovations	27677
regardless of whether they are made by an owner or a lessee. If	27678
the tenancy of a lessee that has made renovations ends before the	27679
depreciation expense for the renovation costs has been fully	27680
reported, the former lessee shall not report the undepreciated	27681
balance as an expense.	27682

For a nonextensive renovation to qualify for payment under	27683
this division, both of the following conditions must be met:	27684

(1) At least five years have elapsed since the date of	27685
licensure or date of an extensive renovation of the portion of the	27686
facility that is proposed to be renovated, except that this	27687
condition does not apply if the renovation is necessary to meet	27688
the requirements of federal, state, or local statutes, ordinances,	27689
rules, or policies.	27690

(2) The provider has obtained prior approval from the	27691
department of job and family services. The provider shall submit	27692
a plan that describes in detail the changes in capital assets to	27693
be accomplished by means of the renovation and the timetable for	27694
completing the project. The time for completion of the project	27695
shall be no more than eighteen months after the renovation begins.	27696
The director of job and family services shall adopt rules in	27697
accordance with Chapter 119. of the Revised Code that specify	27698
criteria and procedures for prior approval of renovation projects.	27699
No provider shall separate a project with the intent to evade the	27700
characterization of the project as a renovation or as an extensive	27701
renovation. No provider shall increase the scope of a project	27702
after it is approved by the department of job and family services	27703
unless the increase in scope is approved by the department.	27704

(E) The amounts specified in divisions (C) and (D) of this	27705
section shall be adjusted beginning July 1, 1993, for the	27706
estimated inflation for the twelve-month period beginning on the	27707
first day of July of the calendar year preceding the calendar year	27708
that precedes the fiscal year for which rate will be paid and	27709
ending on the thirtieth day of the following June, using the	27710
consumer price index for shelter costs for all urban consumers for	27711
the north central region, as published by the United States bureau	27712
of labor statistics.	27713

(F)(1) For facilities of eight or fewer beds that have dates	27714
of licensure or have been granted project authorization by the	27715
department of mental retardation and developmental disabilities	27716
before July 1, 1993, and for facilities of eight or fewer beds	27717
that have dates of licensure or have been granted project	27718
authorization after that date if the facilities demonstrate that	27719
they made substantial commitments of funds on or before that date,	27720
cost of ownership shall not exceed eighteen dollars and thirty	27721
cents per resident per day. The eighteen-dollar and thirty-cent	27722
amount shall be increased by the change in the "Dodge building	27723
cost indexes, northeastern and north central states," published by	27724
Marshall and Swift, during the period beginning June 30, 1990, and	27725
ending July 1, 1993, and by the change in the consumer price index	27726
for shelter costs for all urban consumers for the north central	27727
region, as published by the United States bureau of labor	27728
statistics, annually thereafter.	27729

(2) For facilities with eight or fewer beds that have dates	27730
of licensure or have been granted project authorization by the	27731
department of mental retardation and developmental disabilities on	27732
or after July 1, 1993, for which substantial commitments of funds	27733
were not made before that date, cost of ownership payments shall	27734
not exceed the applicable amount calculated under division (F)(1)	27735
of this section, if the department of job and family services	27736
gives prior approval for construction of the facility. If the	27737
department does not give prior approval, cost of ownership	27738
payments shall not exceed the amount specified in division (C) of	27739
this section.	27740

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	27741
section, the total payment for cost of ownership, cost of	27742
ownership efficiency incentive, and capitalized costs of	27743
renovations for an intermediate care facility for the mentally	27744
retarded with eight or fewer beds shall not exceed the sum of the	27745
limitations specified in divisions (C) and (D) of this section.	27746

(G) Notwithstanding any provision of this section or section	27747
5111.24 of the Revised Code, the director of job and family	27748
services may adopt rules in accordance with Chapter 119. of the	27749
Revised Code that provide for a calculation of a combined maximum	27750
payment limit for indirect care costs and cost of ownership for	27751
intermediate care facilities for the mentally retarded with eight	27752
or fewer beds.	27753

(H) After June 30, 1980, the owner of an intermediate care	27754
facility for the mentally retarded operating under a provider	27755
agreement shall provide written notice to the department of job	27756
and family services at least forty-five days prior to entering	27757
into any contract of sale for the facility or voluntarily	27758
terminating participation in the medical assistance program. After	27759
the date on which a transaction of sale of an intermediate care	27760
facility for the mentally retarded is closed, the owner of the	27761
facility shall refund to the department the amount of excess	27762
depreciation paid to the facility by the department for each year	27763
the owner has operated the facility under a provider agreement and	27764
prorated according to the number of medicaid patient days for	27765
which the facility has received payment. If an intermediate care	27766
facility for the mentally retarded is sold after five or fewer	27767
years of operation under a provider agreement, the refund to the	27768
department shall be equal to the excess depreciation paid to the	27769
facility. If an intermediate care facility for the mentally	27770
retarded is sold after more than five years but less than ten	27771
years of operation under a provider agreement, the refund to the	27772
department shall equal the excess depreciation paid to the	27773
facility multiplied by twenty per cent, multiplied by the number	27774
of years less than ten that a facility was operated under a	27775
provider agreement. If an intermediate care facility for the	27776
mentally retarded is sold after ten or more years of operation	27777
under a provider agreement, the owner shall not refund any excess	27778
depreciation to the department. For the purposes of this	27779
division, "depreciation paid to the facility" means the amount	27780
paid to the intermediate care facility for the mentally retarded	27781
for cost of ownership pursuant to this section less any amount	27782
paid for interest costs. For the purposes of this division,	27783
"excess depreciation" is the intermediate care facility for the	27784
mentally retarded's depreciated basis, which is the owner's cost	27785
less accumulated depreciation, subtracted from the purchase price	27786
but not exceeding the amount of depreciation paid to the facility.	27787

A cost report shall be filed with the department within	27788
ninety days after the date on which the transaction of sale is	27789
closed or participation is voluntarily terminated for an	27790
intermediate care facility for the mentally retarded subject to	27791
this division. The report shall show the accumulated	27792
depreciation, the sales price, and other information required by	27793
the department. The amount of the last two monthly payments to an	27794
intermediate care facility for the mentally retarded made pursuant	27795
to division (A)(1) of section 5111.22 of the Revised Code before a	27796
sale or voluntary termination of participation shall be held in	27797
escrow by a bank, trust company, or savings and loan association,	27798
except that if the amount the owner will be required to refund	27799
under this section is likely to be less than the amount of the	27800
last two monthly payments, the department shall take one of the	27801
following actions instead of withholding the amount of the last	27802
two monthly payments:	27803

(1) In the case of an owner that owns other facilities that	27804
participate in the medical assistance program, obtain a promissory	27805
note in an amount sufficient to cover the amount likely to be	27806
refunded;	27807

(2) In the case of all other owners, withhold the amount of	27808
the last monthly payment to the intermediate care facility for the	27809
mentally retarded.	27810

The department shall, within ninety days following the filing	27811
of the cost report, audit the report and issue an audit report to	27812
the owner. The department also may audit any other cost reports	27813
for the facility that have been filed during the previous three	27814
years. In the audit report, the department shall state its	27815
findings and the amount of any money owed to the department by the	27816
intermediate care facility for the mentally retarded. The	27817
findings shall be subject to an adjudication conducted in	27818
accordance with Chapter 119. of the Revised Code. No later than	27819
fifteen days after the owner agrees to a settlement, any funds	27820
held in escrow less any amounts due to the department shall be	27821
released to the owner and amounts due to the department shall be	27822
paid to the department. If the amounts in escrow are less than	27823
the amounts due to the department, the balance shall be paid to	27824
the department within fifteen days after the owner agrees to a	27825
settlement. If the department does not issue its audit report	27826
within the ninety-day period, the department shall release any	27827
money held in escrow to the owner. For the purposes of this	27828
section, a transfer of corporate stock, the merger of one	27829
corporation into another, or a consolidation does not constitute a	27830
sale.	27831

If an intermediate care facility for the mentally retarded is	27832
not sold or its participation is not terminated after notice is	27833
provided to the department under this division, the department	27834
shall order any payments held in escrow released to the facility	27835
upon receiving written notice from the owner that there will be no	27836
sale or termination of participation. After written notice is	27837
received from an intermediate care facility for the mentally	27838
retarded that a sale or termination of participation will not take	27839
place, the facility shall provide notice to the department at	27840
least forty-five days prior to entering into any contract of sale	27841
or terminating participation at any future time.	27842

(I) The department of job and family services shall pay each	27843
eligible proprietary intermediate care facility for the mentally	27844
retarded a return on the facility's net equity computed at the	27845
rate of one and one-half times the average of interest rates on	27846
special issues of public debt obligations issued to the federal	27847
hospital insurance trust fund for the cost reporting period. No	27848
facility's return on net equity paid under this division shall	27849
exceed one dollar per patient day.	27850

In calculating the rate for return on net equity, the	27851
department shall use the greater of the facility's inpatient days	27852
during the applicable cost reporting period or the number of	27853
inpatient days the facility would have had during that period if	27854
its occupancy rate had been ninety-five per cent.	27855

(J)(1) Except as provided in division (J)(2) of this	27856
section, if a provider leases or transfers an interest in a	27857
facility to another provider who is a related party, the related	27858
party's allowable cost of ownership shall include the lesser of	27859
the following:	27860

(a) The annual lease expense or actual cost of ownership,	27861
whichever is applicable;	27862

(b) The reasonable cost to the lessor or provider making the	27863
transfer.	27864

(2) If a provider leases or transfers an interest in a	27865
facility to another provider who is a related party, regardless of	27866
the date of the lease or transfer, the related party's allowable	27867
cost of ownership shall include the annual lease expense or actual	27868
cost of ownership, whichever is applicable, subject to the	27869
limitations specified in divisions (B) to (I) of this section, if	27870
all of the following conditions are met:	27871

(a) The related party is a relative of owner;

27872

(b) In the case of a lease, if the lessor retains any	27873
ownership interest, it is, except as provided in division	27874
(J)(2)(d)(ii) of this section, in only the real property and any	27875
improvements on the real property;	27876

(c) In the case of a transfer, the provider making the	27877
transfer retains, except as provided in division (J)(2)(d)(iv) of	27878
this section, no ownership interest in the facility;	27879

(d) The department of job and family services determines	27880
that the lease or transfer is an arm's length transaction pursuant	27881
to rules the department shall adopt in accordance with Chapter	27882
119. of the Revised Code no later than December 31, 2000. The	27883
rules shall provide that a lease or transfer is an arm's length	27884
transaction if all of the following, as applicable, apply:	27885

(i) In the case of a lease, once the lease goes into effect,	27886
the lessor has no direct or indirect interest in the lessee or,	27887
except as provided in division (J)(2)(b) of this section, the	27888
facility itself, including interest as an owner, officer,	27889
director, employee, independent contractor, or consultant, but	27890
excluding interest as a lessor.	27891

(ii) In the case of a lease, the lessor does not reacquire	27892
an interest in the facility except through the exercise of a	27893
lessor's rights in the event of a default. If the lessor	27894
reacquires an interest in the facility in this manner, the	27895
department shall treat the facility as if the lease never occurred	27896
when the department calculates its reimbursement rates for capital	27897
costs.	27898

(iii) In the case of a transfer, once the transfer goes into	27899
effect, the provider that made the transfer has no direct or	27900
indirect interest in the provider that acquires the facility or	27901
the facility itself, including interest as an owner, officer,	27902
director, employee, independent contractor, or consultant, but	27903
excluding interest as a creditor.	27904

(iv) In the case of a transfer, the provider that made the	27905
transfer does not reacquire an interest in the facility except	27906
through the exercise of a creditor's rights in the event of a	27907
default. If the provider reacquires an interest in the facility	27908
in this manner, the department shall treat the facility as if the	27909
transfer never occurred when the department calculates its	27910
reimbursement rates for capital costs.	27911

(v) The lease or transfer satisfies any other criteria	27912
specified in the rules.	27913

(e) Except in the case of hardship caused by a catastrophic	27914
event, as determined by the department, or in the case of a lessor	27915
or provider making the transfer who is at least sixty-five years	27916
of age, not less than twenty years have elapsed since, for the	27917
same facility, allowable cost of ownership was determined most	27918
recently under this division.	27919

Sec. 5111.255.  (A) The department of job and family	27920
services shall establish initial rates for a nursing facility or	27921
intermediate care facility for the mentally retarded with a first	27922
date of licensure that is on or after January 1, 1993, including a	27923
facility that replaces one or more existing facilities, or for a	27924
nursing facility or intermediate care facility for the mentally	27925
retarded with a first date of licensure before that date that was	27926
initially certified for the medical assistance program on or after	27927
that date, in the following manner:	27928

(1) The rate for direct care costs shall be determined as	27929
follows:	27930

(a) If there are no cost or resident assessment data as	27931
necessary to calculate a rate under section 5111.23 of the Revised	27932
Code, the rate shall be the median cost per case-mix unit	27933
calculated under division (B)(1) of that section for the relevant	27934
peer group for the calendar year preceding the fiscal year in	27935
which the rate will be paid, multiplied by the median annual	27936
average case-mix score for the peer group for that period and by	27937
the rate of inflation estimated under division (B)(5) of that	27938
section. This rate shall be recalculated to reflect the	27939
facility's actual quarterly average case-mix score, in accordance	27940
with that section, after it submits its first quarterly assessment	27941
information that qualifies for use in calculating a case-mix score	27942
in accordance with rules adopted under division (D)(E) of section	27943
5111.231 of the Revised Code. In recalculating a nursing	27944
facility's rate for services provided on or after July 1, 2001,	27945
the department shall use the nursing facility's actual quarterly	27946
average case-mix score for each resident who is a medicaid	27947
recipient. In recalculating an intermediate care facility for the	27948
mentally retarded's rate, the department shall use the facility's	27949
actual quarterly average case-mix score for each resident,	27950
regardless of payment source. If the facility's a nursing	27951
facility or intermediate care facility for the mentally retarded's	27952
first two quarterly submissions do not contain assessment	27953
information that qualifies for use in calculating a case-mix	27954
score, the department shall continue to calculate the rate using	27955
the median annual case-mix score for the peer group in lieu of an	27956
assigned quarterly case-mix score. The department shall assign a	27957
case-mix score or, if necessary, a cost per case-mix unit under	27958
division (C)(D) of section 5111.231 of the Revised Code for any	27959
subsequent submissions that do not contain assessment information	27960
that qualifies for use in calculating a case-mix score.	27961

(b) If the facility is a replacement facility and the	27962
facility or facilities that are being replaced are in operation	27963
immediately before the replacement facility opens, the rate shall	27964
be the same as the rate for the replaced facility or facilities,	27965
proportionate to the number of beds in each replaced facility. If	27966
one or more of the replaced facilities is not in operation	27967
immediately before the replacement facility opens, its proportion	27968
shall be determined under division (A)(1)(a) of this section.	27969

(2) The rate for other protected costs shall be one hundred	27970
fifteen per cent of the median rate for the applicable type of	27971
facility calculated for the fiscal year under section 5111.235 of	27972
the Revised Code.	27973

(3) The rate for indirect care costs shall be the applicable	27974
maximum rate for the facility's peer group as specified in	27975
division (B) of section 5111.24 or division (B) of section	27976
5111.241 of the Revised Code.	27977

(4) The rate for capital costs for nursing facility services	27978
provided on or after July 1, 2001, shall be determined under	27979
section 5111.25 of the Revised Code using licensed bed days	27980
available.	27981

(5) The rate for capital costs for intermediate care	27982
facility services for the mentally retarded shall be determined	27983
under section 5111.25 or 5111.251 of the Revised Code using the	27984
greater of actual inpatient days or an imputed occupancy rate of	27985
eighty per cent.	27986

(B) The department shall adjust the rates established under	27987
division (A) of this section at both of the following times:	27988

(1) Effective the first day of July, to reflect new rate	27989
calculations for all facilities under sections 5111.23 to 5111.25	27990
and 5111.251 of the Revised Code;	27991

(2) Following the facility's submission of its cost report	27992
under division (A)(1)(b) of section 5111.26 of the Revised Code.	27993

The department shall pay the rate adjusted based on the cost	27994
report beginning the first day of the calendar quarter that begins	27995
more than ninety days after the department receives the cost	27996
report.	27997

Sec. 5111.28.  (A) If a provider properly amends its cost	27998
report under section 5111.27 of the Revised Code and the amended	27999
report shows that the provider received a lower rate under the	28000
original cost report than it was entitled to receive, the	28001
department shall adjust the provider's rate prospectively to	28002
reflect the corrected information. The department shall pay the	28003
adjusted rate beginning two months after the first day of the	28004
month after the provider files the amended cost report. If the	28005
department finds, from an exception review of resident assessment	28006
information conducted after the effective date of the rate for	28007
direct care costs that is based on the assessment information,	28008
that inaccurate assessment information resulted in the provider	28009
receiving a lower rate than it was entitled to receive, the	28010
department prospectively shall adjust the provider's rate	28011
accordingly and shall make payments using the adjusted rate for	28012
the remainder of the calendar quarter for which the assessment	28013
information is used to determine the rate, beginning one month	28014
after the first day of the month after the exception review is	28015
completed.	28016

(B) If the provider properly amends its cost report under	28017
section 5111.27 of the Revised Code, the department makes a	28018
finding based on an audit under that section, or the department	28019
makes a finding based on an exception review of resident	28020
assessment information conducted under that section after the	28021
effective date of the rate for direct care costs that is based on	28022
the assessment information, any of which results in a	28023
determination that the provider has received a higher rate than it	28024
was entitled to receive, the department shall recalculate the	28025
provider's rate using the revised information. The department	28026
shall apply the recalculated rate to the periods when the provider	28027
received the incorrect rate to determine the amount of the	28028
overpayment. The provider shall refund the amount of the	28029
overpayment.	28030

In addition to requiring a refund under this division, the	28031
department may charge the provider interest at the applicable rate	28032
specified in this division from the time the overpayment was made.	28033

(1) If the overpayment resulted from costs reported for	28034
calendar year 1993, the interest shall be no greater than one and	28035
one-half times the average bank prime rate.	28036

(2) If the overpayment resulted from costs reported for	28037
subsequent calendar years:	28038

(a) The interest shall be no greater than two times the	28039
average bank prime rate if the overpayment was equal to or less	28040
than one per cent of the total medicaid payments to the provider	28041
for the fiscal year for which the incorrect information was used	28042
to establish a rate.	28043

(b) The interest shall be no greater than two and one-half	28044
times the current average bank prime rate if the overpayment was	28045
greater than one per cent of the total medicaid payments to the	28046
provider for the fiscal year for which the incorrect information	28047
was used to establish a rate.	28048

(3) The department shall determine the average bank prime	28049
rate using statistical release H.15, "selected interest rates," a	28050
weekly publication of the federal reserve board, or any successor	28051
publication. If statistical release H.15, or its successor,	28052
ceases to contain the bank prime rate information or ceases to be	28053
published, the department shall request a written statement of the	28054
average bank prime rate from the federal reserve bank of Cleveland	28055
or the federal reserve board.	28056

(C) The department also may impose the following penalties:

28057

(1) If a provider does not furnish invoices or other	28058
documentation that the department requests during an audit within	28059
sixty days after the request, no more than the greater of one	28060
thousand dollars per audit or twenty-five per cent of the	28061
cumulative amount by which the costs for which documentation was	28062
not furnished increased the total medicaid payments to the	28063
provider during the fiscal year for which the costs were used to	28064
establish a rate;	28065

(2) If an owner operator fails to provide notice of sale of	28066
the facility or voluntary termination of participation in the	28067
medical assistance program, as closure in the time required by	28068
section 5111.25 or 5111.251 3721.19 or 5123.195 of the Revised	28069
Code, or to provide notice of change of operator under section	28070
5111.34 of the Revised Code in the time provided in division (A)	28071
of section 5111.341 of the Revised Code, no more than two per cent	28072
of the last the current average bank prime rate plus four per cent	28073
of two monthly month's average payments to the operator under the	28074
medical assistance program.	28075

(D) If the provider continues to participate in the medical	28076
assistance program, the department shall deduct any amount that	28077
the provider is required to refund under this section, and the	28078
amount of any interest charged or penalty imposed under this	28079
section, from the next available payment from the department to	28080
the provider. The department and the provider may enter into an	28081
agreement under which the amount, together with interest, is	28082
deducted in installments from payments from the department to the	28083
provider. If the provider does not continue to participate in the	28084
medical assistance program, the department shall deduct any amount	28085
that the provider is required to refund under this section, and	28086
the amount of any interest charged or penalty imposed under this	28087
section, from the amount withheld under division (A) of section	28088
5111.348 of the Revised Code and any security provided to the	28089
department under that section.	28090

(E) The department shall transmit refunds and penalties to	28091
the treasurer of state for deposit in the general revenue fund.	28092

(F) For the purpose of this section, the department shall	28093
determine the average bank prime rate using statistical release	28094
H.15, "selected interest rates," a weekly publication of the	28095
federal reserve board, or any successor publication. If	28096
statistical release H.15, or its successor, ceases to contain the	28097
bank prime rate information or ceases to be published, the	28098
department shall request a written statement of the average bank	28099
prime rate from the federal reserve bank of Cleveland or the	28100
federal reserve board.	28101

Sec. 5111.29.  (A) The director of job and family services	28102
shall adopt rules in accordance with Chapter 119. of the Revised	28103
Code that establish a process under which a nursing facility or	28104
intermediate care facility for the mentally retarded, or a group	28105
or association of facilities, may seek reconsideration of rates	28106
established under sections 5111.23 to 5111.28 of the Revised Code,	28107
including a rate for direct care costs recalculated before the	28108
effective date of the rate as a result of an exception review of	28109
resident assessment information conducted under section 5111.27 of	28110
the Revised Code.	28111

(1) Except as provided in divisions (A)(2) to (4) of this	28112
section, the only issue that a facility, group, or association may	28113
raise in the rate reconsideration shall be whether the rate was	28114
calculated in accordance with sections 5111.23 to 5111.28 of the	28115
Revised Code and the rules adopted under those sections. The	28116
rules shall permit a facility, group, or association to submit	28117
written arguments or other materials that support its position.	28118
The rules shall specify time frames within which the facility,	28119
group, or association and the department must act. If the	28120
department determines, as a result of the rate reconsideration,	28121
that the rate established for one or more facilities is less than	28122
the rate to which it is entitled, the department shall increase	28123
the rate. If the department has paid the incorrect rate for a	28124
period of time, the department shall pay the facility the	28125
difference between the amount it was paid for that period and the	28126
amount it should have been paid.	28127

(2) The rules shall provide that during a fiscal year, the	28128
department, by means of the rate reconsideration process, may	28129
increase a facility's rate as calculated under sections 5111.23 to	28130
5111.28 of the Revised Code if the facility demonstrates that its	28131
actual, allowable costs have increased because of extreme	28132
circumstances. A facility may qualify for a rate increase only if	28133
its per diem, actual, allowable costs have increased to a level	28134
that exceeds its total rate, including any efficiency incentive	28135
and return on equity payment. The rules shall specify the	28136
circumstances that would justify a rate increase under division	28137
(A)(2) of this section. The In the case of nursing facilities, the	28138
rules shall provide that the extreme circumstances include	28139
increased security costs for an inner-city nursing facility and do	28140
not include either of the following: an increase in workers'	28141
compensation experience rating or a change of operator that	28142
results from bankruptcy, foreclosure, or findings of violations of	28143
certification requirements by the department of health. In the	28144
case of intermediate care facilities for the mentally retarded,	28145
the rules shall provide that the extreme circumstances include,	28146
but are not limited to, renovations approved under division (D) of	28147
section 5111.251 of the Revised Code, an increase in workers'	28148
compensation experience rating of greater than five per cent for a	28149
facility that has an appropriate claims management program,	28150
increased security costs for an inner-city facility, and a change	28151
of ownership operator that results from bankruptcy, foreclosure,	28152
or findings of violations of certification requirements by the	28153
department of health. An increase under division (A)(2) of this	28154
section is subject to any rate limitations or maximum rates	28155
established by sections 5111.23 to 5111.28 of the Revised Code for	28156
specific cost centers. Any rate increase granted under division	28157
(A)(2) of this section shall take effect on the first day of the	28158
first month after the department receives the request.	28159

(3) The rules shall provide that the department, through the	28160
rate reconsideration process, may increase a facility's rate as	28161
calculated under sections 5111.23 to 5111.28 of the Revised Code	28162
if the department, in its sole discretion, determines that the	28163
rate as calculated under those sections works an extreme hardship	28164
on the facility.	28165

(4) The rules shall provide that when beds certified for the	28166
medical assistance program are added to an existing facility,	28167
replaced at the same site, or subject to a change of ownership or	28168
lease operator, the department, through the rate reconsideration	28169
process, shall increase the facility's rate for capital costs	28170
proportionately, as limited by any applicable limitation under	28171
section 5111.25 or 5111.251 of the Revised Code, to account for	28172
the costs of the beds that are added, replaced, or subject to a	28173
change of ownership or lease operator. The department shall make	28174
this increase one month after the first day of the month after the	28175
department receives sufficient documentation of the costs. Any	28176
rate increase granted under division (A)(4) of this section after	28177
June 30, 1993, shall remain in effect until the effective date of	28178
a rate calculated under section 5111.25 or 5111.251 of the Revised	28179
Code that includes costs incurred for a full calendar year for the	28180
bed addition, bed replacement, or change of ownership or lease	28181
operator. The facility shall report double accumulated	28182
depreciation in an amount equal to the depreciation included in	28183
the rate adjustment on its cost report for the first year of	28184
operation. During the term of any loan used to finance a project	28185
for which a rate adjustment is granted under division (A)(4) of	28186
this section, if the facility is operated by the same provider,	28187
the facility shall subtract from the interest costs it reports on	28188
its cost report an amount equal to the difference between the	28189
following:	28190

(a) The actual, allowable interest costs for the loan during	28191
the calendar year for which the costs are being reported;	28192

(b) The actual, allowable interest costs attributable to the	28193
loan that were used to calculate the rates paid to the facility	28194
during the same calendar year.	28195

(5) The department's decision at the conclusion of the	28196
reconsideration process shall not be subject to any administrative	28197
proceedings under Chapter 119. or any other provision of the	28198
Revised Code.	28199

(B) Any audit disallowance that the department makes as the	28200
result of an audit under section 5111.27 of the Revised Code, any	28201
adverse finding that results from an exception review of resident	28202
assessment information conducted under that section after the	28203
effective date of the facility's rate that is based on the	28204
assessment information, and any penalty the department imposes	28205
under division (C) of section 5111.28 of the Revised Code shall be	28206
subject to an adjudication conducted in accordance with Chapter	28207
119. of the Revised Code.	28208

Sec. 5111.34.  (A) Before a change of operator occurs, the	28209
exiting operator and entering operator shall each provide the	28210
department of job and family services written notice of the intent	28211
that the change of operator to occur.	28212

(B) The exiting operator shall provide all of the following	28213
in the written notice to the department:	28214

(1) The name of the exiting operator and, if any, exiting	28215
operator's authorized agent;	28216

(2) The name of the nursing facility or intermediate care	28217
facility for the mentally retarded to undergo the change of	28218
operator;	28219

(3) The exiting operator's medical assistance provider	28220
agreement number;	28221

(4) The name of the entering operator;

28222

(5) The proposed date that the change of operator is to	28223
occur;	28224

(6) The manner in which the entering operator is to become	28225
the facility's operator, including through sale, lease, merger, or	28226
other action;	28227

(7) If the manner in which the entering operator is to	28228
become the facility's operator involves more than one step, a	28229
description of each step;	28230

(8) The signature of the exiting operator's representative.

28231

(C) The entering operator shall include an application for	28232
a provider agreement with the written notice to the department.	28233
The entering operator shall attach to the application the	28234
following:	28235

(1) If the entering operator provides the written notice to	28236
the department prior to the date the exiting operator and entering	28237
operator complete the transaction for the change of operator, all	28238
the proposed leases, management agreements, and sales contracts	28239
relating to the facility's change of operator, as applicable to	28240
the change of operator;	28241

(2) If the entering operator provides the written notice to	28242
the department on or after the date the exiting operator and	28243
entering operator complete the transaction for the change of	28244
operator, copies of all the actual leases, management agreements,	28245
and sales contracts and supporting documents, relating to the	28246
facility's change of operator.	28247

Sec. 5111.341.  The department of job and family services	28248
may enter into a provider agreement with an entering operator that	28249
goes into effect at 12:01 a.m. on the date the change of operator	28250
occurs if all of the following requirements are met:	28251

(A) The exiting operator and entering operator comply with	28252
section 5111.34 of the Revised Code as follows:	28253

(1) At least forty-five days before the change of operator	28254
is to occur if the change of operator does not entail the	28255
relocation of residents;	28256

(2) At least ninety days before the change of operator is to	28257
occur if the change of operator entails the relocation of	28258
residents.	28259

(B) The entering operator furnishes to the department	28260
copies of all the fully executed leases, management agreements,	28261
and sales contracts and supporting documents relating to the	28262
nursing facility or intermediate care facility for the mentally	28263
retarded's change of operator not later than ten days after the	28264
change of operator occurs;	28265

(C) The entering operator is eligible for medicaid payments	28266
as provided in section 5111.21 of the Revised Code.	28267

Sec. 5111.342.  (A) The department of job and family	28268
services may enter into a provider agreement with an entering	28269
operator that goes into effect at 12:01 a.m. on the date	28270
determined under division (B) of this section if all of the	28271
following are the case:	28272

(1) The exiting operator and entering operator comply with	28273
section 5111.34 of the Revised Code;	28274

(2) The entering operator furnishes to the department copies	28275
of all the fully executed leases, management agreements, and sales	28276
contracts and supporting documents relating to the nursing	28277
facility or intermediate care facility for the mentally retarded's	28278
change of operator;	28279

(3) The requirement of division (A)(1) of this section is	28280
met after the time provided in division (A) of section 5111.341 of	28281
the Revised Code or the requirement of division (A)(2) of this	28282
section is met after the time provided in division (B) of section	28283
5111.341 of the Revised Code, or both;	28284

(4) The entering operator is eligible for medicaid payments	28285
as provided in section 5111.21 of the Revised Code.	28286

(B) The department shall determine the date a provider	28287
agreement entered into under this section is to go into effect as	28288
follows:	28289

(1) The effective date shall give the department sufficient	28290
time to process the change of operator, assure no duplicate	28291
payments are made, make the withholding required by section	28292
5111.348 of the Revised Code, and withhold the final payment to	28293
the exiting operator until ninety days after the exiting operator	28294
submits to the department a properly completed cost report under	28295
section 5111.349 of the Revised Code.	28296

(2) The effective date shall be no earlier than the date by	28297
which the exiting operator and entering operator have complied	28298
with section 5111.34 of the Revised Code and no later than the	28299
following after that date:	28300

(a) Forty-five days if the change of operator does not	28301
entail the relocation of residents;	28302

(b) Ninety days if the change of operator entails the	28303
relocation of residents.	28304

Sec. 5111.343.  A provider agreement that the department of	28305
job and family services enters into with an entering operator	28306
under section 5111.341 or 5111.342 of the Revised Code shall	28307
satisfy all of the following requirements:	28308

(A) Comply with all applicable federal statutes and	28309
regulations;	28310

(B) Comply with section 5111.22 of the Revised Code and all	28311
other applicable state statutes and rules;	28312

(C) Include all the terms and conditions of the exiting	28313
operator's provider agreement, including, but not limited to, all	28314
of the following:	28315

(1) Any plan of correction;

28316

(2) Compliance with health and safety standards;

28317

(3) Compliance with the ownership and financial interest	28318
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	28319

(4) Compliance with the civil rights requirements of 45	28320
C.F.R. parts 80, 84, and 90;	28321

(5) Compliance with additional requirements imposed by the	28322
department;	28323

(6) Any sanctions relating to remedies for violation of the	28324
provider agreement, including deficiencies, compliance periods,	28325
accountability periods, monetary penalties, notification for	28326
correction of contract violations, and history of deficiencies.	28327

(D) Require the entering operator to assume the exiting	28328
operator's remaining debt to the department that the department is	28329
unable to collect from the exiting operator;	28330

(E) Have a different provider number than the exiting	28331
operator's provider agreement.	28332

Sec. 5111.344.  The department of job and family services may	28333
enter into a provider agreement as provided in section 5111.22 of	28334
the Revised Code, rather than section 5111.341 or 5111.342 of the	28335
Revised Code, if the entering operator does not agree to a	28336
provider agreement that satisfies the requirement of division (D)	28337
of section 5111.343 of the Revised Code. The department may not	28338
enter into the provider agreement unless the department of health	28339
recertifies the nursing facility or intermediate care facility for	28340
the mentally retarded under Title XIX of the "Social Security	28341
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended. The	28342
effective date of the provider agreement shall not precede the	28343
date of the facility's recertification.	28344

Sec. 5111.345.  For purposes of the medicaid program, an	28345
exiting operator shall be considered to be the operator of a	28346
nursing facility or intermediate care facility for the mentally	28347
retarded until the effective date of the entering operator's	28348
provider agreement. The department of job and family services is	28349
not responsible for payments made to the exiting operator before	28350
the effective date of the entering operator's provider agreement.	28351
No rate adjustment resulting from the change of operator shall be	28352
effective before the effective date of the entering operator's	28353
provider agreement.	28354

Sec. 5111.346.  Neither of the following shall effect the	28355
department of job and family services' determination of whether or	28356
when a change of operator occurs, a payment under the medicaid	28357
program to an exiting operator or entering operator, or the	28358
effective date of an entering operator's provider agreement under	28359
section 5111.341 or 5111.342 of the Revised Code:	28360

(A) The department of health's determination that a change	28361
of operator has or has not occurred for purposes of certification	28362
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	28363
42 U.S.C.A. 1396, as amended, or licensure under Chapter 3107. of	28364
the Revised Code;	28365

(B) The department of mental retardation and developmental	28366
disabilities' determination that a change of operator has or has	28367
not occurred for purposes of licensure under section 5123.19 of	28368
the Revised Code.	28369

Sec. 5111.347.  On receipt of a written notice under	28370
section 5111.34 of the Revised Code of an intended change of	28371
operator or written notice under section 3721.19 or 5123.195 of	28372
the Revised Code of an intended facility closure, the department	28373
of job and family services shall determine the amount of any	28374
overpayments made under the medicaid program to the exiting	28375
operator, including overpayments the exiting operator disputes,	28376
and other actual and potential debts the exiting operator owes or	28377
may owe to the department under the medicaid program. The	28378
department shall determine the amount of any overpayments by	28379
settlement or final rate recalculation. If a settlement is	28380
unavailable for any period before the effective date of the	28381
entering operator's provider agreement or the date of the facility	28382
closure, the department shall make a reasonable estimate of any	28383
overpayment for the period. The department shall base the	28384
reasonable estimate on settlements from prior periods, available	28385
audit findings, the projected impact of prospective rates, and	28386
other information available to the department. In determining the	28387
exiting operator's other actual and potential debts to the	28388
department under the medicaid program, the department shall	28389
include all of the following:	28390

(A) Refunds due the department under division (G) of section	28391
5111.25 of the Revised Code or division (H) of section 5111.251 of	28392
the Revised Code for excess depreciation;	28393

(B) Interest owed to the department;

28394

(C) Final civil monetary and other penalties for which all	28395
right of appeal has been exhausted;	28396

(D) Third-party liabilities;

28397

(E) Money owed the department from a final rate	28398
recalculation for the last fiscal year or portion thereof in which	28399
the exiting operator participated in the medicaid program;	28400

(F) A billings and claims reconciliation.

28401

Sec. 5111.348.  (A) Notwithstanding division (D) of section	28402
5111.27 of the Revised Code, the department of job and family	28403
services shall withhold the greater of the following from payment	28404
due an exiting operator under the medicaid program:	28405

(1) The total amount, as determined under section 5111.347	28406
of the Revised Code, of any overpayments made under the medicaid	28407
program to the exiting operator, including overpayments the	28408
exiting operator disputes, and other actual and potential debts	28409
the exiting operator owes or may owe to the department under the	28410
medicaid program;	28411

(2) The average monthly payment made under the medicaid	28412
program to the exiting operator in the twelve months before the	28413
change of operator or facility closure occurs.	28414

(B) The department may transfer the amount withheld under	28415
division (A) of this section to an escrow account with a bank,	28416
trust company, or savings and loan association.	28417

(C) If payment due an exiting operator under the medicaid	28418
program is less than the amount the department is required to	28419
withhold under division (A) of this section, the department may	28420
require that the exiting operator provide the difference in the	28421
form of a security.	28422

(D) The department shall release to the exiting operator the	28423
actual amount withheld under division (A) of this section if the	28424
exiting operator does both of the following:	28425

(1) Files a complete and adequate cost report in accordance	28426
with section 5111.349 of the Revised Code;	28427

(2) Provides the department a security in the amount the	28428
department is required to withhold under division (A) of this	28429
section, less any of that amount provided to the department in the	28430
form of a security under division (C) of this section.	28431

(E) Security provided to the department under division (C)	28432
or (D) of this section shall be in either or both of the following	28433
forms:	28434

(1) In the case of a change of operator, the entering	28435
operator's nontransferable, unconditional, written agreement to	28436
pay the department any debt the exiting operator owes the	28437
department under the medicaid program;	28438

(2) A form of collateral or security acceptable to the	28439
department that satisfies both of the following conditions:	28440

(a) Is at least equal to the amount the department is	28441
required to withhold under division (A) of this section, less any	28442
amounts the department has received through actual withholding or	28443
one or more other forms of security under this division;	28444

(b) Is payable to the department if the exiting operator	28445
fails to pay any debt owed the department under the medicaid	28446
program within fifteen days of receiving the department's written	28447
demand for payment of the debt.	28448

Sec. 5111.349.  Not later than ninety days after the	28449
effective date of an entering operator's provider agreement or the	28450
date of a facility closure, the exiting operator shall file with	28451
the department of job and family services a cost report for the	28452
period that begins with the day after the last day covered by the	28453
operator's most recent previous cost report required by section	28454
5111.26 of the Revised Code and ends on the effective date of the	28455
entering operator's provider agreement or the date of the facility	28456
closure. The cost report shall include, as applicable, all of	28457
the following:	28458

(A) The nursing facility or intermediate care facility for	28459
the mentally retarded's accumulated depreciation and sales price;	28460

(B) A list of assets transferred to the entering operator;

28461

(C) Any other information the department requires.

28462

Sec. 5111.3410.  If an exiting operator fails to file a cost	28463
report with the department of job and family services in	28464
accordance with section 5111.349 of the Revised Code, all payments	28465
under the medicaid program for the period the cost report covers	28466
are deemed overpayments until the date the department receives the	28467
complete and adequate cost report. After notice and opportunity	28468
for a hearing in accordance with Chapter 119. of the Revised Code,	28469
the department may impose on the exiting operator a penalty of one	28470
hundred dollars for each calendar day the complete and adequate	28471
cost report is late.	28472

Sec. 5111.3411.  The department of job and family services	28473
may not provide an exiting operator final payment under the	28474
medicaid program until the department receives all complete and	28475
adequate cost reports the exiting operator must file under	28476
sections 5111.26 and 5111.349 of the Revised Code.	28477

Sec. 5111.3412.  The department of job and family services	28478
shall determine the actual amount of all final debts an exiting	28479
operator owes the department under the medicaid program by	28480
completing all audits not already completed and performing all	28481
other appropriation actions the department determines to be	28482
necessary. The department shall issue a report on this matter.	28483
The report shall include the department's findings and the amount	28484
of all final debts the exiting operator owes the department under	28485
the medicaid program. The report is subject to an appeal in	28486
accordance with Chapter 119. of the Revised Code.	28487

Sec. 5111.3413.  The department of job and family services	28488
shall release the actual amount withheld under division (A) of	28489
section 5111.348 of the Revised Code, and any security provided to	28490
the department under that section, less any amount the exiting	28491
operator owes the department under the medicaid program, as	28492
follows:	28493

(A) Ninety-one days after the date the exiting operator	28494
files a complete and adequate cost report required by section	28495
5111.349 of the Revised Code unless the department, within ninety	28496
days of that date, completes the report under section 5111.3412 of	28497
the Revised Code;	28498

(B) If the department completes the report within the ninety	28499
days, no later than fifteen days after the exiting operator agrees	28500
to a final settlement resulting from the report.	28501

Sec. 5111.3414.  If the actual amount the department of	28502
job and family services withholds from an exiting operator under	28503
division (A) of section 5111.348 of the Revised Code, and any	28504
security provided to the department under that section, is	28505
inadequate to pay the exiting operator's debt to the department	28506
under the medicaid program or the department is required to	28507
release the withholdings and security under section 5111.3413 of	28508
the Revised Code before the department is paid the exiting	28509
operator's debt, the department shall collect the debt as follows:	28510

(A) From the exiting operator;

28511

(B) If the department is unable to collect the entire debt	28512
from the exiting operator and the entering operator entered into a	28513
provider agreement under section 5111.341 or 5111.342 of the	28514
Revised Code, from the entering operator. The department may	28515
collect the remaining debt by withholding the amount due from	28516
payments to the entering operator under the medicaid program. The	28517
department may enter into an agreement with the entering operator	28518
under which the entering operator pays the remaining debt, with	28519
applicable interest, in installments from withholdings from the	28520
entering operator's payments under the medicaid program.	28521

Sec. 5111.3415.  If transactions leading to a change of	28522
operator are canceled or postponed for more than ninety days after	28523
the proposed date reported in the written notice required by	28524
section 5111.34 of the Revised Code, or a facility closure does	28525
not occur as reported in written notice required by section	28526
3721.19 or 5123.145 of the Revised Code, the department of job and	28527
family services shall release the amount withheld under division	28528
(A) of section 5111.348 of the Revised Code, and any security	28529
provided to the department under that section, on receipt of	28530
written notice from the exiting operator of the cancellation or	28531
postponement. After the department receives a written notice	28532
regarding a cancellation or postponement of a change of operator,	28533
the exiting operator and entering operator shall provide new	28534
written notice to the department under section 5111.34 of the	28535
Revised Code regarding any transactions leading to a change of	28536
operator at a future time. After the department receives a	28537
written notice regarding a cancellation or postponement of a	28538
facility closure, the exiting operator shall provide new written	28539
notice to the department under section 3721.19 or 5123.145 of the	28540
Revised Code regarding any transactions leading to a facility	28541
closure at a future time. The department, at its sole discretion,	28542
may release the amount withheld under division (A) of section	28543
5111.348 of the Revised Code, and any security provided to the	28544
department under that section, if transactions for a change of	28545
operator or facility closure are postponed for at least thirty	28546
days but less than ninety days beyond the originally proposed date	28547
for the change of operator or facility closure.	28548

Sec. 5111.58.  (A) If a nursing facility notifies the	28549
department of job and family services or a contracting agency, at	28550
any time during the six-month period following the exit interview	28551
of a survey that was the basis for citing a deficiency or	28552
deficiencies, that the deficiency or deficiencies have been	28553
substantially corrected in accordance with the plan of correction	28554
submitted and approved under section 5111.43 of the Revised Code,	28555
the department of health shall conduct a follow-up survey to	28556
determine whether the deficiency or deficiencies have been	28557
substantially corrected in accordance with the plan.	28558

(B) The department of job and family services or a	28559
contracting agency shall terminate a nursing facility's	28560
participation in the medical assistance program whenever the	28561
facility has not substantially corrected, within six months after	28562
the exit interview of the survey on the basis of which it was	28563
cited, a deficiency or deficiencies in accordance with the plan of	28564
correction submitted under section 5111.43 of the Revised Code, as	28565
determined by the department of health on the basis of a follow-up	28566
survey.	28567

(C) Unless the facility has substantially corrected the	28568
deficiency or deficiencies in accordance with the plan of	28569
correction, as determined by the department of health on the basis	28570
of a follow-up survey, the department of job and family services	28571
or contracting agency shall deliver to the facility, at least	28572
thirty days prior to the day that is six months after the exit	28573
interview, a written order terminating the facility's	28574
participation in the medical assistance program. The order shall	28575
take effect and the facility's participation shall terminate on	28576
the day that is six months after the exit interview. The order	28577
shall not take effect if, after it is delivered to the facility	28578
and prior to the effective date of the order, the department of	28579
health determines on the basis of a follow-up survey that the	28580
facility has corrected the deficiency or deficiencies.	28581

An order issued under this section is subject to appeal under	28582
Chapter 119. of the Revised Code; however, the order may take	28583
effect prior to or during the pendency of any hearing under that	28584
chapter. In that case, the department of job and family services	28585
or contracting agency shall provide the facility an opportunity	28586
for a hearing in accordance with section 5111.60 of the Revised	28587
Code.	28588

(D) Except as provided in division (E) of this section,	28589
whenever the department of job and family services or a	28590
contracting agency terminates a facility's participation in the	28591
medical assistance program pursuant to this section, the provider	28592
shall repay the department the federal share of all payments made	28593
by the department to the facility under the medical assistance	28594
program during the six-month period following the exit interview	28595
of the survey that was the basis for citing the deficiency or	28596
cluster of deficiencies. The provider shall repay the department	28597
within thirty days after the department repays to the federal	28598
government the federal share of payments made to the facility	28599
during that six-month period.	28600

(E) A provider is not required to repay the department of	28601
job and family services if either of the following is the case:	28602

(1) The facility has brought an appeal under Chapter 119. of	28603
the Revised Code of termination of its participation in the	28604
medical assistance program, except that the provider shall repay	28605
the department of job and family services within thirty days after	28606
the facility exhausts its right to appeal under that chapter.	28607

(2) The facility complied with the plan of correction	28608
approved by the department of health and the obligation to repay	28609
resulted from the department's failure to provide timely	28610
verification to the United States department of health and human	28611
services of the facility's compliance with the plan of correction.	28612

(F) If a provider's obligation to repay the department of	28613
job and family services under division (D) of this section results	28614
from disallowance of federal financial participation by the United	28615
States department of health and human services, the provider shall	28616
not be required to repay the department of job and family services	28617
until the federal disallowance becomes final.	28618

(G) Any fines paid under sections 5111.35 to 5111.62 of the	28619
Revised Code during any period for which the facility is required	28620
to repay the department of job and family services under division	28621
(D) of this section shall be offset against the amount the	28622
provider is required to repay the department for that period.	28623

(H) Prior to a change of ownership operator of a facility	28624
for which a provider has an obligation to repay the department of	28625
job and family services under division (D) of this section that	28626
has not become final, or has become final but not been paid, the	28627
department may do one or more of the following:	28628

(1) Require the provider to place money in escrow, or obtain	28629
a bond, in sufficient amount to indemnify the state against the	28630
provider's failure to repay the department after the change of	28631
ownership operator occurs;	28632

(2) Place a lien on the facility's real property;

28633

(3) Use any method to recover the payments that is available	28634
to the attorney general to recover payments on behalf of the	28635
department of job and family services.	28636

Sec. 5111.63. (A) As used in this section and in section	28637
5111.64 of the Revised Code:	28638

(1) "Facility" means a facility, or part of a facility,	28639
certified as a nursing facility or skilled nursing facility under	28640
Title XVIII or Title XIX of the "Social Security Act," 49 Stat.	28641
286 (1965), 42 U.S.C. 1395 and 1396, as amended. "Facility" does	28642
not include an intermediate care facility for the mentally	28643
retarded, as defined in section 5111.20 of the Revised Code.	28644

(2) "Transfer or discharge" means the movement of resident	28645
to a bed outside of the facility in which the resident resides,	28646
regardless of whether the bed is in the same physical plant.	28647
"Transfer or discharge" does not include the movement of a	28648
resident to a different bed in the same facility.	28649

(3) "Physician" means an individual authorized under Chapter	28650
4731. of the Revised Code to practice medicine and surgery or	28651
osteopathic medicine and surgery.	28652

(4) "Resident" means a resident of a facility who is one of	28653
the following:	28654

(a) A recipient of medicaid under section 5111.01 of the	28655
Revised Code;	28656

(b) A beneficiary under Title XVIII of the "Social Security	28657
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	28658

(B) The administrator of a facility may transfer or	28659
discharge a resident from the facility only under the following	28660
circumstances:	28661

(1) The welfare and needs of the resident cannot be met in	28662
the facility;	28663

(2) The resident's health has improved sufficiently so that	28664
the resident no longer needs the services provided by the	28665
facility;	28666

(3) The safety of individuals in the facility is	28667
endangered;	28668

(4) The health of individuals in the facility would	28669
otherwise be endangered;	28670

(5) The resident has failed, after reasonable and	28671
appropriate notice, to pay for a stay at the facility, regardless	28672
of the method of payment;	28673

(6) The facility ceases to operate;

28674

(7) The reason specified in division (C)(1) or (2) of	28675
section 3721.16 of the Revised Code.	28676

In the case of a transfer or discharge described in division	28677
(B)(1), (2), (3), (4), or (5) of this section, the transfer or	28678
discharge shall be documented in the resident's medical record. In	28679
the case of a transfer or discharge described in division (B)(1)	28680
or (2) of this section, the documentation shall be made by the	28681
resident's physician. In the case of a transfer or discharge	28682
described in division (B)(4) of this section, the documentation	28683
shall be made by a physician. In the case of a transfer or	28684
discharge described in division (B)(5) of this section of a	28685
resident who becomes eligible for the medicaid program after	28686
admission to the facility, the facility may assess a resident only	28687
those charges that are allowed under the medicaid program.	28688

(C) The administrator of a facility proposing to transfer	28689
or discharge a resident as described in division (B) of this	28690
section shall notify in writing the resident and the resident's	28691
sponsor or legal representative of the proposed transfer or	28692
discharge. The notice shall be made in accordance with 42 C.F.R.	28693
483.12, as amended. On the date notice is provided to a resident,	28694
the administrator shall forward a copy of the notice to the legal	28695
services office of the department of job and family services.	28696

Not later than ninety days after the date a resident	28697
receives notice of a proposed transfer or discharge, the resident	28698
may request a hearing before the department of job and family	28699
services under the hearing procedure described in section 5111.64	28700
of the Revised Code. A facility shall permit a resident who	28701
requests a hearing not later than ten days after the date the	28702
resident receives the notice to remain in the facility pending the	28703
order of the hearing officer.	28704

Sec. 5111.64.  (A) The department of job and family	28705
services shall establish and administer a hearing procedure for a	28706
resident of a facility to appeal a proposed transfer or discharge	28707
from a facility. The department may contract with the department	28708
of health to establish and administer the hearing procedure. If	28709
the department of job and family services contracts with the	28710
department of health, the department of health shall have the same	28711
authority under this section as the department of job and family	28712
services.	28713

(B) The hearing procedure shall provide for all of the	28714
following:	28715

(1) The hearing to be conducted by a hearing officer who	28716
shall be an employee of the department of job and family services	28717
or a hearing examiner who is under contract with the department;	28718

(2) The hearing to be tape-recorded;

28719

(3) The hearing officer to issue an order based on the	28720
facts presented at the hearing not later than ninety days after	28721
receipt of the request for hearing;	28722

(4) Notice of the contents of the order to be provided to	28723
the resident and the administrator of the facility.	28724

(C) The order of a hearing officer described in division	28725
(B) of this section is final and not subject to appeal.	28726

(D) If the department of job and family services finds that	28727
a facility is in violation of an order of a hearing officer, the	28728
department may apply to the court of common pleas of Franklin	28729
county or the county in which a facility is located for an order	28730
enjoining the violation or other appropriate relief to prohibit	28731
the violation. If the court finds that the facility is in	28732
violation of the order, the court shall grant an injunction,	28733
restraining order, or other appropriate relief. The court may	28734
award payment of reasonable attorney's fees by the facility.	28735

(E) The department of job and family services may adopt	28736
rules in accordance with Chapter 119. of the Revised Code to	28737
implement this section.	28738

Sec. 5111.85.  (A) As used in this section, "medicaid	28739
waiver component" means a component of the medicaid program	28740
authorized by a waiver granted by the United States department of	28741
health and human services under section 1115 or 1915 of the	28742
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or	28743
1396n. "Medicaid waiver component" does not include a managed care	28744
system established under section 5111.17 of the Revised Code.	28745

(B) The director of job and family services may adopt	28746
rules under Chapter 119. of the Revised Code governing medicaid	28747
waiver components that establish all of the following:	28748

(1) Eligibility requirements for the medicaid waiver	28749
components;	28750

(2) The type, amount, duration, and scope of services the	28751
medicaid waiver components provide;	28752

(3) The conditions under which the medicaid waiver	28753
components cover services;	28754

(4) The amount the medicaid waiver components pay for	28755
services or the method by which the amount is determined;	28756

(5) The manner in which the medicaid waiver components pay	28757
for services;	28758

(6) Safeguards for the health and welfare of medicaid	28759
recipients receiving services under a medicaid waiver component;	28760

(7) Procedures for enforcing the rules, including	28761
establishing corrective action plans for, and imposing financial	28762
and administrative sanctions on, persons and government entities	28763
that violate the rules. The procedures shall include due process	28764
protections.	28765

(8) Other policies necessary for the efficient	28766
administration of the medicaid waiver components.	28767

(C) The director of job and family services may adopt	28768
different rules for the different medicaid waiver components. The	28769
rules shall be consistent with the terms of the waiver authorizing	28770
the medicaid waiver component.	28771

(D) The director of job and family services may conduct	28772
reviews of the medicaid waiver components. The reviews may	28773
include physical inspections of records and sites where services	28774
are provided under the medicaid waiver components and interviews	28775
of providers and recipients of the services. If the director	28776
determines pursuant to a review that a person or government entity	28777
has violated a rule governing a medicaid waiver component, the	28778
director may do the following:	28779

(1) If the violator is a county family services agency,	28780
take action under section 5101.24 of the Revised Code;	28781

(2) If the violator is not a county family services agency,	28782
establish a corrective action plan for the violator and impose	28783
fiscal, administrative, or both types of sanctions on the violator	28784
in accordance with rules adopted under division (B) of this	28785
section.	28786

Sec. 5111.86. The department of job and family services may	28787
enter into interagency agreements with one or more other state	28788
agencies to have the state agency administer one or more	28789
components of the medicaid program, or one or more aspects of a	28790
component, under the department's supervision. A state agency	28791
that enters into such an interagency agreement shall comply with	28792
any rules the director of job and family services has adopted	28793
governing the component, or aspect of the component, that the	28794
state agency is to administer, including any rules establishing	28795
review, audit, and corrective action plan requirements.	28796

A state agency that enters into an interagency agreement with	28797
the department under this section shall reimburse the department	28798
for the nonfederal share of the cost to the department of	28799
performing, or contracting for the performance of, a fiscal audit	28800
of the component of the medicaid program, or aspect of the	28801
component, that the state agency administers if rules governing	28802
the component, or aspect of the component, require that a fiscal	28803
audit be conducted.	28804

There is hereby created in the state treasury the medicaid	28805
administrative reimbursement fund. The department shall use money	28806
in the fund to pay for the nonfederal share of the cost of a	28807
fiscal audit for which a state agency is required by this section	28808
to reimburse the department. The department shall deposit the	28809
reimbursements into the fund.	28810

Sec. 5111.87. As used in this section and section 5111.871 of	28811
the Revised Code, "intermediate care facility for the mentally	28812
retarded" has the same meaning as in section 5111.20 of the	28813
Revised Code.	28814

The director of job and family services may apply to the	28815
United States secretary of health and human services for one or	28816
more medicaid waivers under which home or community-based services	28817
are provided to individuals with mental retardation or other	28818
developmental disability as an alternative to placement in an	28819
intermediate care facility for the mentally retarded.	28820

Sec. 5111.87.        Sec.  .        Sec. 5111.871.  The department of job and family	28821
services shall enter into an interagency agreement with the	28822
department of mental retardation and developmental disabilities	28823
under section 5111.86 of the Revised Code with regard to the	28824
component of the medicaid program established by the department of	28825
job and family services under a waiver one or more waivers from	28826
the United States secretary of health and human services pursuant	28827
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935),	28828
42 U.S.C.A. 1396n, as amended, to provide eligible medical	28829
assistance medicaid recipients with home or community-based	28830
services as an alternative to placement in an intermediate care	28831
facility for the mentally retarded as defined in section 5111.20	28832
of the Revised Code. The agreement shall provide for the	28833
department of mental retardation and developmental disabilities to	28834
administer the program component in accordance with the terms of	28835
the waiver. The departments directors of job and family services	28836
and mental retardation and developmental disabilities shall adopt	28837
rules in accordance with Chapter 119. of the Revised Code	28838
governing the program component.	28839

If the department of mental retardation and developmental	28840
disabilities or the department of job and family services denies	28841
an individual's application for home or community-based services	28842
provided under this medicaid component, the department that made	28843
the denial shall timely notify the individual that the individual	28844
may request a hearing under section 5101.35 of the Revised Code.	28845

The departments of mental retardation and developmental	28846
disabilities and job and family services may approve, reduce,	28847
deny, or terminate a service included in the individualized	28848
service plan developed for a medicaid recipient eligible for home	28849
or community-based services provided under this medicaid	28850
component. The departments shall consider the recommendations a	28851
county board of mental retardation and developmental disabilities	28852
makes under division (A)(1)(c) of section 5126.055 of the Revised	28853
Code. If either department reduces, denies, or terminates a	28854
service, that department shall timely notify the medicaid	28855
recipient that the recipient may request a hearing under section	28856
5101.35 of the Revised Code.	28857

Sec. 5111.872. When the department of mental retardation and	28858
developmental disabilities allocates enrollment numbers to a	28859
county board of mental retardation and developmental disabilities	28860
for home or community-based services provided under the component	28861
of the medicaid program that the department administers under	28862
section 5111.871 of the Revised Code, the department shall	28863
consider all of the following:	28864

(A) The number of individuals with mental retardation or	28865
other developmental disability who are on a waiting list the	28866
county board establishes under division (C) of section 5126.042 of	28867
the Revised Code for those services;	28868

(B) The implementation component required by division	28869
(A)(3) of section 5126.054 of the Revised Code of the county	28870
board's plan approved under section 5123.046 of the Revised Code;	28871

(C) Anything else the department considers appropriate.

28872

Sec. 5111.873. (A) Not later than the effective date of the	28873
first of any medicaid waivers the United States secretary of	28874
health and human services grants pursuant to a request made under	28875
section 5111.87 of the Revised Code, the director of job and	28876
family services shall adopt rules in accordance with Chapter 119.	28877
of the Revised Code establishing statewide fee schedules for home	28878
or community-based services provided under the component of the	28879
medicaid program that the department of mental retardation and	28880
developmental disabilities administers under section 5111.871 of	28881
the Revised Code. The rules shall provide for all of the	28882
following:	28883

(1) The department of mental retardation and developmental	28884
disabilities arranging for the initial and ongoing collection of	28885
cost information from a comprehensive, statistically valid sample	28886
of persons and government entities providing the services at the	28887
time the information is obtained;	28888

(2) The collection of consumer-specific information through	28889
an assessment instrument the department of mental retardation and	28890
developmental disabilities shall develop;	28891

(3) With the information collected pursuant to divisions	28892
(A)(1) and (2) of this section, an analysis of that information,	28893
and other information the director determines relevant, methods	28894
and standards for calculating the fee schedules that do all of the	28895
following:	28896

(a) Assure that the fees are consistent with	28897
efficiency, economy, and quality of care;	28898

(b) Consider the intensity of consumer resource need;

28899

(c) Recognize variations in different geographic areas	28900
regarding the resources necessary to assure the health and welfare	28901
of consumers;	28902

(d) Recognize variations in environmental supports available	28903
to consumers.	28904

(B) As part of the process of adopting rules under this	28905
section, the director shall consult with the director of mental	28906
retardation and developmental disabilities, representatives of	28907
county boards of mental retardation and developmental	28908
disabilities, persons who provide the home or community-based	28909
services, and other persons and government entities the director	28910
identifies.	28911

(C) The directors of job and family services and mental	28912
retardation and developmental disabilities shall review the rules	28913
adopted under this section at times they determine to ensure that	28914
the methods and standards established by the rules for calculating	28915
the fee schedules continue to do everything that division (A)(3)	28916
of this section requires.	28917

Sec. 5119.01.  The director of mental health is the chief	28918
executive and administrative officer of the department of mental	28919
health. The director may establish procedures for the governance	28920
of the department, conduct of its employees and officers,	28921
performance of its business, and custody, use, and preservation of	28922
departmental records, papers, books, documents, and property.	28923
Whenever the Revised Code imposes a duty upon or requires an	28924
action of the department or any of its institutions, the director	28925
shall perform the action or duty in the name of the department,	28926
except that the medical director appointed pursuant to section	28927
5119.07 of the Revised Code shall be responsible for decisions	28928
relating to medical diagnosis, treatment, rehabilitation, quality	28929
assurance, and the clinical aspects of the following: licensure	28930
of hospitals and residential facilities, research, community	28931
mental health plans, and delivery of mental health services.	28932

The director shall:

28933

(A) Adopt rules for the proper execution of the powers and	28934
duties of the department with respect to the institutions under	28935
its control, and require the performance of additional duties by	28936
the officers of the institutions as necessary to fully meet the	28937
requirements, intents, and purposes of this chapter. In case of	28938
an apparent conflict between the powers conferred upon any	28939
managing officer and those conferred by such sections upon the	28940
department, the presumption shall be conclusive in favor of the	28941
department.	28942

(B) Adopt rules for the nonpartisan management of the	28943
institutions under the department's control. An officer or	28944
employee of the department or any officer or employee of any	28945
institution under its control who, by solicitation or otherwise,	28946
exerts influence directly or indirectly to induce any other	28947
officer or employee of the department or any of its institutions	28948
to adopt the exerting officer's or employee's political views or	28949
to favor any particular person, issue, or candidate for office	28950
shall be removed from the exerting officer's or employee's office	28951
or position, by the department in case of an officer or employee,	28952
and by the governor in case of the director.	28953

(C) Appoint such employees, including the medical director,	28954
as are necessary for the efficient conduct of the department, and	28955
prescribe their titles and duties;	28956

(D) Prescribe the forms of affidavits, applications, medical	28957
certificates, orders of hospitalization and release, and all other	28958
forms, reports, and records that are required in the	28959
hospitalization or admission and release of all persons to the	28960
institutions under the control of the department, or are otherwise	28961
required under this chapter or Chapter 5122. of the Revised Code;	28962

(E) Contract with hospitals licensed by the department under	28963
section 5119.20 of the Revised Code for the care and treatment of	28964
mentally ill patients, or with persons, organizations, or agencies	28965
for the custody, supervision, care, or treatment of mentally ill	28966
persons receiving services elsewhere than within the enclosure of	28967
a hospital operated under section 5119.02 of the Revised Code;	28968

(F) Exercise the powers and perform the duties relating to	28969
community mental health facilities and services that are assigned	28970
to the director under this chapter and Chapter 340. of the Revised	28971
Code;	28972

(G) Adopt rules under Chapter 119. of the Revised Code for	28973
the establishment of minimum standards, including standards for	28974
use of seclusion and restraint, of mental health services that are	28975
not inconsistent with nationally recognized applicable standards	28976
and that facilitate participation in federal assistance programs;.	28977
For purposes of certifying a community mental health program,	28978
agency, or facility under division (M) of section 5119.61 of the	28979
Revised Code and conducting reviews, evaluations, and audits under	28980
division (A)(3) of section 340.03 of the Revised Code, the rules	28981
shall establish minimum standards that the program, agency, or	28982
facility must meet in the prevention of inappropriate service	28983
delivery. Initial rules regarding the prevention of inappropriate	28984
service delivery shall be adopted not later than ninety days after	28985
the effective date of this amendment.	28986

(H) Develop and implement clinical evaluation and monitoring	28987
of services that are operated by the department;	28988

(I) At the director's discretion, adopt rules establishing	28989
standards for the adequacy of services provided by community	28990
mental health facilities, and certify the compliance of such	28991
facilities with the standards for the purpose of authorizing their	28992
participation in the health care plans of health insuring	28993
corporations under Chapter 1751. and sickness and accident	28994
insurance policies issued under Chapter 3923. of the Revised Code;	28995

(J) Adopt rules establishing standards for the performance	28996
of evaluations by a forensic center or other psychiatric program	28997
or facility of the mental condition of defendants ordered by the	28998
court under section 2919.271, or 2945.371 of the Revised Code, and	28999
for the treatment of defendants who have been found incompetent to	29000
stand trial and ordered by the court under section 2945.38,	29001
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	29002
treatment in facilities;	29003

(K) On behalf of the department, have the authority and	29004
responsibility for entering into contracts and other agreements;	29005

(L) Prepare and publish regularly a state mental health plan	29006
that describes the department's philosophy, current activities,	29007
and long-term and short-term goals and activities;	29008

(M) Adopt rules in accordance with Chapter 119. of the	29009
Revised Code specifying the supplemental services that may be	29010
provided through a trust authorized by section 1339.51 of the	29011
Revised Code;	29012

(N) Adopt rules in accordance with Chapter 119. of the	29013
Revised Code establishing standards for the maintenance and	29014
distribution to a beneficiary of assets of a trust authorized by	29015
section 1339.51 of the Revised Code;	29016

(O) As used in division (I) of this section:

29017

(1) "Community mental health facility" means a facility that	29018
provides community mental health services and is included in the	29019
community mental health plan for the alcohol, drug addiction, and	29020
mental health service district in which it is located.	29021

(2) "Community mental health service" means services, other	29022
than inpatient services, provided by a community mental health	29023
facility.	29024

Sec. 5119.06.  (A) The department of mental health shall:

29025

(1) Establish and support a program at the state level to	29026
promote a community support system in accordance with section	29027
340.03 of the Revised Code to be available for every alcohol, drug	29028
addiction, and mental health service district. The department	29029
shall define the essential elements of a community support system,	29030
shall assist in identifying resources and coordinating the	29031
planning, evaluation, and delivery of services to facilitate the	29032
access of mentally ill people to public services at federal,	29033
state, and local levels, and shall operate inpatient and other	29034
mental health services pursuant to the approved community mental	29035
health plan.	29036

(2) Provide training, consultation, and technical assistance	29037
regarding mental health programs and services and appropriate	29038
prevention and mental health promotion activities, including those	29039
that are culturally sensitive, to employees of the department,	29040
community mental health agencies and boards, and other agencies	29041
providing mental health services;	29042

(3) Promote and support a full range of mental health	29043
services that are available and accessible to all residents of	29044
this state, especially for severely mentally disabled children,	29045
adolescents, and adults, and other special target populations,	29046
including racial and ethnic minorities, as determined by the	29047
department.	29048

(4) Design and set criteria for the determination of severe	29049
mental disability;	29050

(5) Establish criteria standards for evaluation of mental	29051
health programs;	29052

(6) Promote, direct, conduct, and coordinate scientific	29053
research, taking ethnic and racial differences into consideration	29054
concerning the causes and prevention of mental illness, methods of	29055
providing effective services and treatment, and means of enhancing	29056
the mental health of all residents of this state;	29057

(7) Foster the establishment and availability of vocational	29058
rehabilitation services and the creation of employment	29059
opportunities for consumers of mental health services, including	29060
members of racial and ethnic minorities;	29061

(8) Establish a program to protect and promote the rights,	29062
health, and safety of persons receiving mental health services,	29063
including the issuance of guidelines on informed consent and other	29064
rights;	29065

(9) Establish, in consultation with board of alcohol, drug	29066
addiction, and mental health services representatives and after	29067
consideration of the recommendations of the medical director,	29068
guidelines for the development of community mental health plans	29069
and the review and approval or disapproval of such plans submitted	29070
pursuant to section 340.03 of the Revised Code;	29071

(10) Promote the involvement of persons who are receiving or	29072
have received mental health services, including families and other	29073
persons having a close relationship to a person receiving mental	29074
health services, in the planning, evaluation, delivery, and	29075
operation of mental health services.	29076

(11) Notify and consult with the relevant constituencies	29077
that may be affected by rules, standards, and guidelines issued by	29078
the department of mental health. These constituencies shall	29079
include consumers of mental health services and their families,	29080
and may include public and private providers, employee	29081
organizations, and others when appropriate. Whenever the	29082
department proposes the adoption, amendment, or rescission of	29083
rules under Chapter 119. of the Revised Code, the notification and	29084
consultation required by this division shall occur prior to the	29085
commencement of proceedings under Chapter 119. The department	29086
shall adopt rules under Chapter 119. of the Revised Code that	29087
establish procedures for the notification and consultation	29088
required by this division.	29089

(12) In cooperation with board of alcohol, drug addiction,	29090
and mental health services representatives, provide training	29091
regarding the provision of community-based mental health services	29092
to those department employees who are utilized in state-operated,	29093
community-based mental health services;	29094

(13) Provide oversight and consultation to the department of	29095
rehabilitation and correction for concerning the delivery of	29096
mental health services in state correctional institutions;	29097

(14) Audit mental health programs in state correctional	29098
institutions operated by the department of rehabilitation and	29099
correction for compliance with standards that have been jointly	29100
developed and promulgated by the department of mental health and	29101
the department of rehabilitation and correction. The standards	29102
shall include monitoring mechanisms to provide for quality of	29103
services in these programs.	29104

(B) The department of mental health may negotiate and enter	29105
into agreements with other agencies and institutions, both public	29106
and private, for the joint performance of its duties.	29107

(C) The department shall adopt rules in accordance with	29108
Chapter 119. of the Revised Code as it considers necessary to	29109
administer the program established under division (A)(8) of this	29110
section. Initial rules regarding the health and safety of persons	29111
receiving mental health services shall be adopted not later than	29112
ninety days after the effective date of this amendment.	29113

Sec. 5119.61.  Any provision in this chapter that refers to a	29114
board of alcohol, drug addiction, and mental health services also	29115
refers to the community mental health board in an alcohol, drug	29116
addiction, and mental health service district that has a community	29117
mental health board.	29118

The director of mental health with respect to all facilities	29119
and programs established and operated under Chapter 340. of the	29120
Revised Code for mentally ill and emotionally disturbed persons,	29121
shall do all of the following:	29122

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	29123
that may be necessary to carry out the purposes of Chapter 340.	29124
and sections 5119.61 to 5119.63 of the Revised Code.	29125

(1) The rules shall include all of the following:

29126

(a) Rules governing a community mental health agency's	29127
services under section 340.091 of the Revised Code to an	29128
individual referred to the agency under division (C)(2) of section	29129
173.35 of the Revised Code;	29130

(b) For the purpose of division (A)(14) of section 340.03 of	29131
the Revised Code, rules governing the duties of mental health	29132
agencies and boards of alcohol, drug addiction, and mental health	29133
services under section 3722.18 of the Revised Code regarding	29134
referrals of individuals with mental illness or severe mental	29135
disability to adult care facilities and effective arrangements for	29136
ongoing mental health services for the individuals. The rules	29137
shall do at least the following:	29138

(i) Provide for agencies and boards to participate fully in	29139
the procedures owners and managers of adult care facilities must	29140
follow under division (A)(2) of section 3722.18 of the Revised	29141
Code;	29142

(ii) Specify the manner in which boards are accountable for	29143
ensuring that ongoing mental health services are effectively	29144
arranged for individuals with mental illness or severe mental	29145
disability who are referred by the board or mental health agency	29146
under contract with the board to an adult care facility.	29147

(c) Rules governing a board of alcohol, drug addiction, and	29148
mental health services when making a report to the director of	29149
health under section 3722.17 of the Revised Code regarding the	29150
quality of care and services provided by an adult care facility to	29151
a person with mental illness or a severe mental disability.	29152

(2) Rules may be adopted to govern the method of paying a	29153
community mental health facility described in division (B) of	29154
section 5111.022 of the Revised Code for providing services	29155
established by division (A) of that section. Such rules must be	29156
consistent with the contract entered into between the departments	29157
of human job and family services and mental health under division	29158
(E) of that section.	29159

(B) Adopt rules requiring each public or private agency	29160
providing mental health services or facilities under a contract	29161
with a board of alcohol, drug addiction, and mental health	29162
services and any program operated by such a board to have a	29163
written policy that addresses the rights of clients including all	29164
of the following:	29165

(1) The right to a copy of the agency's policy of client	29166
rights;	29167

(2) The right at all times to be treated with consideration	29168
and respect for the client's privacy and dignity;	29169

(3) The right to have access to the client's own	29170
psychiatric, medical, or other treatment records unless access is	29171
specifically restricted in the client's treatment plan for clear	29172
treatment reasons;	29173

(4) The right to have a client rights officer provided by	29174
the board or agency advise the client of the client's rights,	29175
including the client's rights under Chapter 5122. of the Revised	29176
Code if the client is committed to the board or agency.	29177

(C) Require each board of alcohol, drug addiction, and	29178
mental health services to ensure that each contract agency	29179
establishes grievance procedures available to all recipients of	29180
services or applicants for services;	29181

(D) Define minimum standards for qualifications of	29182
personnel, professional services, and mental health professionals	29183
as defined in section 340.02 of the Revised Code;	29184

(E) Review and evaluate, and, taking into account the	29185
findings and recommendations of the board of alcohol, drug	29186
addiction, and mental health services of the district served by	29187
the program and the requirements and priorities of the state	29188
mental health plan, including the needs of residents of the	29189
district now residing in state mental institutions, approve and	29190
allocate funds to support community programs, and make	29191
recommendations for needed improvements to boards of alcohol, drug	29192
addiction, and mental health services;	29193

(F) Withhold state and federal funds for any program, in	29194
whole or in part, from a board of alcohol, drug addiction, and	29195
mental health services in the event of failure of that program to	29196
comply with Chapter 340. or section 5119.61 or 5119.62 of the	29197
Revised Code or rules of the department of mental health. The	29198
director shall identify the areas of noncompliance and the action	29199
necessary to achieve compliance. The director shall offer	29200
technical assistance to the board to achieve compliance. The	29201
director shall give the board a reasonable time within which to	29202
comply or to present its position that it is in compliance. Before	29203
withholding funds, a hearing shall be conducted to determine if	29204
there are continuing violations and that either assistance is	29205
rejected or the board is unable to achieve compliance. Subsequent	29206
to the hearing process, if it is determined that compliance has	29207
not been achieved, the director may allocate all or part of the	29208
withheld funds to a public or private agency to provide the	29209
services not in compliance until the time that there is	29210
compliance. The director shall establish rules pursuant to	29211
Chapter 119. of the Revised Code to implement this division.	29212

(G) Withhold state or federal funds from a board of alcohol,	29213
drug addiction, and mental health services that denies available	29214
service on the basis of religion, race, color, creed, sex,	29215
national origin, age, disability as defined in section 4112.01 of	29216
the Revised Code, developmental disability, or the inability to	29217
pay;	29218

(H) Provide consultative services to community mental health	29219
programs with the knowledge and cooperation of the board of	29220
alcohol, drug addiction, and mental health services;	29221

(I) Provide to boards of alcohol, drug addiction, and mental	29222
health services state or federal funds, in addition to those	29223
allocated under section 5119.62 of the Revised Code, for special	29224
programs or projects the director considers necessary but for	29225
which local funds are not available;	29226

(J)(1) Establish criteria by which a board of alcohol, drug	29227
addiction, and mental health services reviews and evaluates the	29228
quality, effectiveness, and efficiency of services provided	29229
through its community mental health plan, including services	29230
described in division (A) of section 5111.022 of the Revised Code	29231
that are provided by community health facilities described in	29232
division (B) of that section. The criteria established for a	29233
board's use in reviewing and evaluating the services provided	29234
through its plan shall include consideration of whether the	29235
providers of mental health services have prevented inappropriate	29236
service delivery. Initial criteria regarding the prevention of	29237
inappropriate service delivery shall be established not later than	29238
ninety days after the effective date of this amendment. The	29239

(2) The department shall assess a board's review and	29240
evaluation of services and the compliance of each board with this	29241
section, Chapter 340. or section 5119.62 of the Revised Code, and	29242
other state or federal law and regulations. The	29243

(3) The department, in cooperation with the board,	29244
periodically shall review and evaluate the quality, effectiveness,	29245
and efficiency of services provided through each board. The	29246

(4) The department shall collect information that is	29247
necessary to perform these the functions specified in divisions	29248
(J)(1) to (3) of this spection.	29249

(K) Develop and operate a community mental health	29250
information system.	29251

Boards of alcohol, drug abuse, and mental health services	29252
shall submit information requested by the department in the form	29253
and manner prescribed by the department. Information collected by	29254
the department shall include, but not be limited to, all of the	29255
following:	29256

(1) Information regarding units of services provided in	29257
whole or in part under contract with a board, including diagnosis	29258
and special needs, demographic information, the number of units of	29259
service provided, past treatment, financial status, and service	29260
dates in accordance with rules adopted by the department in	29261
accordance with Chapter 119. of the Revised Code;	29262

(2) Financial information other than price or price-related	29263
data regarding expenditures of boards and community mental health	29264
agencies, including units of service provided, budgeted and actual	29265
expenses by type, and sources of funds.	29266

Boards shall submit the information specified in division	29267
(K)(1) of this section no less frequently than annually for each	29268
client, and each time the client's case is opened or closed. The	29269
department shall not collect any information for the purpose of	29270
identifying by name any person who receives a service through a	29271
board of alcohol, drug addiction, and mental health services,	29272
except as required by state or federal law to validate appropriate	29273
reimbursement. For the purposes of division (K)(1) of this	29274
section, the department shall use an identification system that is	29275
consistent with applicable nationally recognized standards.	29276

(L) Review each board's plan submitted pursuant to section	29277
340.03 of the Revised Code and approve or disapprove it in whole	29278
or in part. Periodically, in consultation with representatives of	29279
boards and after considering the recommendations of the medical	29280
director, the director shall issue criteria for determining when a	29281
plan is complete, criteria for plan approval or disapproval, and	29282
provisions for conditional approval. The factors that the	29283
director considers may include, but are not limited to, the	29284
following:	29285

(1) The mental health needs of all persons residing within	29286
the board's service district, especially severely mentally	29287
disabled children, adolescents, and adults;	29288

(2) The demonstrated quality, effectiveness, efficiency, and	29289
cultural relevance of the services provided in each service	29290
district, the extent to which any services are duplicative of	29291
other available services, and whether the services meet the needs	29292
identified above;	29293

(3) The adequacy of the board's accounting for the	29294
expenditure of funds.	29295

If the director disapproves all or part of any plan, the	29296
director shall provide the board an opportunity to present its	29297
position. The director shall inform the board of the reasons for	29298
the disapproval and of the criteria that must be met before the	29299
plan may be approved. The director shall give the board a	29300
reasonable time within which to meet the criteria, and shall offer	29301
technical assistance to the board to help it meet the criteria.	29302

If the approval of a plan remains in dispute thirty days	29303
prior to the conclusion of the fiscal year in which the board's	29304
current plan is scheduled to expire, the board or the director may	29305
request that the dispute be submitted to a mutually agreed upon	29306
third-party mediator with the cost to be shared by the board and	29307
the department. The mediator shall issue to the board and the	29308
department recommendations for resolution of the dispute. Prior to	29309
the conclusion of the fiscal year in which the current plan is	29310
scheduled to expire, the director, taking into consideration the	29311
recommendations of the mediator, shall make a final determination	29312
and approve or disapprove the plan, in whole or in part.	29313

(M) Visit and evaluate any community mental health program,	29314
agency, or facility, in cooperation with a board of alcohol, drug	29315
addiction, and mental health services, to determine if the	29316
services meet minimum standards pursuant to division (G) of	29317
section 5119.01 of the Revised Code. If the director determines	29318
that the services meet minimum standards, the director shall so	29319
certify.	29320

If the director determines that the services of any program,	29321
agency, or facility that has a contract with a board do not meet	29322
minimum standards, the director shall identify the areas of	29323
noncompliance, specify what action is necessary to meet the	29324
standards, and offer technical assistance to the board so that it	29325
may assist the program, agency, or facility to meet minimum	29326
standards. The director shall give the board a reasonable time	29327
within which to demonstrate that the services meet minimum	29328
standards or to bring the program or facility into compliance with	29329
the standards. If the director concludes that the services	29330
continue to fail to meet minimum standards, the director may	29331
request that the board reallocate the funds for those services to	29332
another program, agency, or facility which meets minimum	29333
standards. If the board does not reallocate those funds in a	29334
reasonable period of time, the director may withhold state and	29335
federal funds for the services and allocate those funds directly	29336
to a public or private agency that meets minimum standards.	29337

Each program, agency, and facility shall pay a fee for the	29338
certification review required by this division. Fees shall be	29339
paid into the sale of goods and services fund created pursuant to	29340
section 5119.161 of the Revised Code.	29341

The director shall adopt (N)(1) Adopt rules under Chapter	29342
119. of the Revised Code to implement this division (M) of this	29343
section. The rules shall do all of the following:	29344

(1)(a) Establish the process for certification of services	29345
of programs, agencies, or facilities;	29346

(2)(b) Set the amount of certification review fees based on	29347
a portion of the cost of performing the review;	29348

(3)(c) Specify the type of notice and hearing to be provided	29349
prior to a decision whether to reallocate funds.	29350

(2) For the purpose of increasing the cost-effectiveness of	29351
community mental health services, the department of mental health,	29352
not later than ninety days after the effective date of this	29353
amendment, shall reduce the certification requirements established	29354
in the rules adopted under division (N)(1) of this section.	29355

Sec. 5123.01.  As used in this chapter:

29356

(A) "Chief medical officer" means the licensed physician	29357
appointed by the managing officer of an institution for the	29358
mentally retarded with the approval of the director of mental	29359
retardation and developmental disabilities to provide medical	29360
treatment for residents of the institution.	29361

(B) "Chief program director" means a person with special	29362
training and experience in the diagnosis and management of the	29363
mentally retarded, certified according to division (C) of this	29364
section in at least one of the designated fields, and appointed by	29365
the managing officer of an institution for the mentally retarded	29366
with the approval of the director to provide habilitation and care	29367
for residents of the institution.	29368

(C) "Comprehensive evaluation" means a study, including a	29369
sequence of observations and examinations, of a person leading to	29370
conclusions and recommendations formulated jointly, with	29371
dissenting opinions if any, by a group of persons with special	29372
training and experience in the diagnosis and management of persons	29373
with mental retardation or a developmental disability, which group	29374
shall include individuals who are professionally qualified in the	29375
fields of medicine, psychology, and social work, together with	29376
such other specialists as the individual case may require.	29377

(D) "Education" means the process of formal training and	29378
instruction to facilitate the intellectual and emotional	29379
development of residents.	29380

(E) "Habilitation" means the process by which the staff of	29381
the institution assists the resident in acquiring and maintaining	29382
those life skills that enable the resident to cope more	29383
effectively with the demands of the resident's own person and of	29384
the resident's environment and in raising the level of the	29385
resident's physical, mental, social, and vocational efficiency.	29386
Habilitation includes but is not limited to programs of formal,	29387
structured education and training.	29388

(F) "Habilitation center services" means services provided by	29389
a habilitation center certified by the department of mental	29390
retardation and developmental disabilities under section 5123.041	29391
of the Revised Code and covered by the medicaid program pursuant	29392
to rules adopted under section 5111.041 of the Revised Code.	29393

(G) "Health officer" means any public health physician,	29394
public health nurse, or other person authorized or designated by a	29395
city or general health district.	29396

(G)(H) "Home or community-based services" means	29397
medicaid-funded home or community-based services provided under a	29398
medicaid component the department of mental retardation and	29399
developmental disabilities administers pursuant to section	29400
5111.871 of the Revised Code.	29401

(I) "Indigent person" means a person who is unable,	29402
without substantial financial hardship, to provide for the payment	29403
of an attorney and for other necessary expenses of legal	29404
representation, including expert testimony.	29405

(H)(J) "Institution" means a public or private facility, or a	29406
part of a public or private facility, that is licensed by the	29407
appropriate state department and is equipped to provide	29408
residential habilitation, care, and treatment for the mentally	29409
retarded.	29410

(I)(K) "Licensed physician" means a person who holds a valid	29411
certificate issued under Chapter 4731. of the Revised Code	29412
authorizing the person to practice medicine and surgery or	29413
osteopathic medicine and surgery, or a medical officer of the	29414
government of the United States while in the performance of the	29415
officer's official duties.	29416

(J)(L) "Managing officer" means a person who is appointed by	29417
the director of mental retardation and developmental disabilities	29418
to be in executive control of an institution for the mentally	29419
retarded under the jurisdiction of the department.	29420

(K)(M) "Medicaid" has the same meaning as in section 5111.01	29421
of the Revised Code.	29422

(N) "Medicaid case management services" means case	29423
management services provided to an individual with mental	29424
retardation or other developmental disability that the state	29425
medicaid plan requires.	29426

(O) "Mentally retarded person" means a person having	29427
significantly subaverage general intellectual functioning existing	29428
concurrently with deficiencies in adaptive behavior, manifested	29429
during the developmental period.	29430

(L)(P) "Mentally retarded person subject to	29431
institutionalization by court order" means a person eighteen years	29432
of age or older who is at least moderately mentally retarded and	29433
in relation to whom, because of the person's retardation, either	29434
of the following conditions exist:	29435

(1) The person represents a very substantial risk of	29436
physical impairment or injury to self as manifested by evidence	29437
that the person is unable to provide for and is not providing for	29438
the person's most basic physical needs and that provision for	29439
those needs is not available in the community;	29440

(2) The person needs and is susceptible to significant	29441
habilitation in an institution.	29442

(M)(Q) "A person who is at least moderately mentally	29443
retarded" means a person who is found, following a comprehensive	29444
evaluation, to be impaired in adaptive behavior to a moderate	29445
degree and to be functioning at the moderate level of intellectual	29446
functioning in accordance with standard measurements as recorded	29447
in the most current revision of the manual of terminology and	29448
classification in mental retardation published by the American	29449
association on mental retardation.	29450

(N)(R) As used in this division, "substantial functional	29451
limitation," "developmental delay," and "established risk" have	29452
the meanings established pursuant to section 5123.011 of the	29453
Revised Code.	29454

"Developmental disability" means a severe, chronic disability	29455
that is characterized by all of the following:	29456

(1) It is attributable to a mental or physical impairment or	29457
a combination of mental and physical impairments, other than a	29458
mental or physical impairment solely caused by mental illness as	29459
defined in division (A) of section 5122.01 of the Revised Code.	29460

(2) It is manifested before age twenty-two.

29461

(3) It is likely to continue indefinitely.

29462

(4) It results in one of the following:

29463

(a) In the case of a person under three years of age, at	29464
least one developmental delay or an established risk;	29465

(b) In the case of a person at least three years of age but	29466
under six years of age, at least two developmental delays or an	29467
established risk;	29468

(c) In the case of a person six years of age or older, a	29469
substantial functional limitation in at least three of the	29470
following areas of major life activity, as appropriate for the	29471
person's age: self-care, receptive and expressive language,	29472
learning, mobility, self-direction, capacity for independent	29473
living, and, if the person is at least sixteen years of age,	29474
capacity for economic self-sufficiency.	29475

(5) It causes the person to need a combination and sequence	29476
of special, interdisciplinary, or other type of care, treatment,	29477
or provision of services for an extended period of time that is	29478
individually planned and coordinated for the person.	29479

(O)(S) "Developmentally disabled person" means a person with	29480
a developmental disability.	29481

(P)(T) "State institution" means an institution that is	29482
tax-supported and under the jurisdiction of the department.	29483

(Q)(U) "Residence" and "legal residence" have the same	29484
meaning as "legal settlement," which is acquired by residing in	29485
Ohio for a period of one year without receiving general assistance	29486
prior to July 17, 1995, under former Chapter 5113. of the Revised	29487
Code, disability assistance under Chapter 5115. of the Revised	29488
Code, or assistance from a private agency that maintains records	29489
of assistance given. A person having a legal settlement in the	29490
state shall be considered as having legal settlement in the	29491
assistance area in which the person resides. No adult person	29492
coming into this state and having a spouse or minor children	29493
residing in another state shall obtain a legal settlement in this	29494
state as long as the spouse or minor children are receiving public	29495
assistance, care, or support at the expense of the other state or	29496
its subdivisions. For the purpose of determining the legal	29497
settlement of a person who is living in a public or private	29498
institution or in a home subject to licensing by the department of	29499
job and family services, the department of mental health, or the	29500
department of mental retardation and developmental disabilities,	29501
the residence of the person shall be considered as though the	29502
person were residing in the county in which the person was living	29503
prior to the person's entrance into the institution or home.	29504
Settlement once acquired shall continue until a person has been	29505
continuously absent from Ohio for a period of one year or has	29506
acquired a legal residence in another state. A woman who marries	29507
a man with legal settlement in any county immediately acquires the	29508
settlement of her husband. The legal settlement of a minor is	29509
that of the parents, surviving parent, sole parent, parent who is	29510
designated the residential parent and legal custodian by a court,	29511
other adult having permanent custody awarded by a court, or	29512
guardian of the person of the minor, provided that:	29513

(1) A minor female who marries shall be considered to have	29514
the legal settlement of her husband and, in the case of death of	29515
her husband or divorce, she shall not thereby lose her legal	29516
settlement obtained by the marriage.	29517

(2) A minor male who marries, establishes a home, and who	29518
has resided in this state for one year without receiving general	29519
assistance prior to July 17, 1995, under former Chapter 5113. of	29520
the Revised Code, disability assistance under Chapter 5115. of the	29521
Revised Code, or assistance from a private agency that maintains	29522
records of assistance given shall be considered to have obtained a	29523
legal settlement in this state.	29524

(3) The legal settlement of a child under eighteen years of	29525
age who is in the care or custody of a public or private child	29526
caring agency shall not change if the legal settlement of the	29527
parent changes until after the child has been in the home of the	29528
parent for a period of one year.	29529

No person, adult or minor, may establish a legal settlement	29530
in this state for the purpose of gaining admission to any state	29531
institution.	29532

(R)(V)(1) "Resident" means, subject to division (R)(2) of	29533
this section, a person who is admitted either voluntarily or	29534
involuntarily to an institution or other facility pursuant to	29535
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	29536
Code subsequent to a finding of not guilty by reason of insanity	29537
or incompetence to stand trial or under this chapter who is under	29538
observation or receiving habilitation and care in an institution.	29539

(2) "Resident" does not include a person admitted to an	29540
institution or other facility under section 2945.39, 2945.40,	29541
2945.401, or 2945.402 of the Revised Code to the extent that the	29542
reference in this chapter to resident, or the context in which the	29543
reference occurs, is in conflict with any provision of sections	29544
2945.37 to 2945.402 of the Revised Code.	29545

(S)(W) "Respondent" means the person whose detention,	29546
commitment, or continued commitment is being sought in any	29547
proceeding under this chapter.	29548

(T)(X) "Working day" and "court day" mean Monday, Tuesday,	29549
Wednesday, Thursday, and Friday, except when such day is a legal	29550
holiday.	29551

(U)(Y) "Prosecutor" means the prosecuting attorney, village	29552
solicitor, city director of law, or similar chief legal officer	29553
who prosecuted a criminal case in which a person was found not	29554
guilty by reason of insanity, who would have had the authority to	29555
prosecute a criminal case against a person if the person had not	29556
been found incompetent to stand trial, or who prosecuted a case in	29557
which a person was found guilty.	29558

(V)(Z) "Court" means the probate division of the court of	29559
common pleas.	29560

Sec. 5123.041.  (A) As used in this section, "habilitation	29561
center" means a habilitation center certified under division (C)	29562
of this section for the provision of that provides habilitation	29563
center services under section 5111.041 of the Revised Code.	29564

(B) The department of mental retardation and developmental	29565
disabilities shall do all of the following pursuant to an	29566
interagency agreement with the department of job and family	29567
services entered into under section 5111.86 of the Revised Code:	29568

(1) Certify habilitation centers that meet the certification	29569
requirements established by rules adopted by the director of job	29570
and family services under section 5111.041 of the Revised Code;	29571

(2) Accept and process medicaid reimbursement claims from	29572
habilitation centers providing habilitation center services to	29573
medicaid recipients under section 5111.041 of the Revised Code;	29574

(3) With medicaid funds provided to the department from the	29575
department of job and family services, pay the medicaid	29576
reimbursement claims accepted and processed under division (B)(2)	29577
of this section;	29578

(4) Perform the other duties included in the interagency	29579
agreement.	29580

(C) The director of mental retardation and developmental	29581
disabilities shall adopt rules in accordance with Chapter 119. of	29582
the Revised Code that do all of the following:	29583

(1) Specify standards Establish procedures for certification	29584
of habilitation centers;	29585

(2) Define habilitation services and programs, other than	29586
services provided by the department of education;	29587

(3) Establish the fee that may be assessed under division	29588
(D) of this section;	29589

(4)(3) Specify how the department of mental retardation and	29590
developmental disabilities will implement and administer the	29591
habilitation services program perform its duties under this	29592
section.	29593

(C) The director shall certify habilitation centers that	29594
meet the standards specified by rules adopted under this section.	29595

(D) The department of mental retardation and developmental	29596
disabilities may assess the fee established by rule under division	29597
(B)(3)(C)(2) of this section for providing services related to the	29598
habilitation services program performing its duties under this	29599
section. The fee may be retained from any funds payment the	29600
department receives for a habilitation center under Title XIX of	29601
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	29602
as amended makes under division (B)(3) of this section.	29603

Sec. 5123.044. The department of mental retardation and	29604
developmental disabilities shall determine whether county boards	29605
of mental retardation and developmental disabilities are complying	29606
with section 5126.047 of the Revised Code in accordance with a	29607
methodology the department shall establish. The department shall	29608
provide assistance to an individual with mental retardation or	29609
other developmental disability who requests assistance with the	29610
individual's right under section 5126.047 of the Revised Code to	29611
choose a provider of habilitation, vocational, community	29612
employment, residential, or supported living services or if the	29613
department is notified of a county board's alleged violation of	29614
the individual's right to choose such a provider.	29615

Sec. 5123.045. (A) No person or government entity shall	29616
receive payment for providing home or community-based services	29617
unless certified under this section or certified as a supported	29618
living provider under section 5126.431 of the Revised Code.	29619

(B) The department of mental retardation and developmental	29620
disabilities shall do both of the following in accordance with	29621
Chapter 119. of the Revised Code:	29622

(1) Certify a person or government entity to provide home	29623
or community-based services if the person or government entity	29624
satisfies the requirements for certification established by rules	29625
adopted under division (C) of this section;	29626

(2) Revoke a certificate when required to do so by rules	29627
adopted under division (C) of this section.	29628

(C) The director of mental retardation and developmental	29629
disabilities shall adopt rules in accordance with Chapter 119. of	29630
the Revised Code establishing certification requirements and	29631
procedures for a person or government entity that seeks to provide	29632
home or community-based services and is not certified as a	29633
supported living provider under section 5126.431 of the Revised	29634
Code. The rules shall include procedures for all of the	29635
following:	29636

(1) Ensuring that providers comply with section 5126.281 of	29637
the Revised Code;	29638

(2) Evaluating the services provided to ensure that they	29639
are provided in a quality manner advantageous to the individual	29640
receiving the services and protecting the due process rights of	29641
any person affected by a decision made following an evaluation.	29642
The procedures shall require that all of the following be	29643
considered as part of an evaluation:	29644

(a) The provider's experience and financial	29645
responsibility;	29646

(b) The provider's ability to comply with standards for the	29647
home or community-based services that the provider provides;	29648

(c) The provider's ability to meet the needs of the	29649
individuals served;	29650

(d) Any other factor the director considers relevant.

29651

(3) Revoking a provider's certificate. The procedures may	29652
include revoking a certificate for good cause, including	29653
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,	29654
financial irresponsibility, or other conduct the director	29655
determines is injurious to individuals being served.	29656

(D) The rules adopted under division (C) of this section	29657
shall allow a person or government entity to automatically satisfy	29658
a requirement for certification under this section if the person	29659
holds a current, valid license under section 5123.19 of the	29660
Revised Code to operate a residential facility and had to satisfy	29661
the requirement to obtain the residential facility license.	29662

(E) The records of an evaluation conducted in accordance	29663
with rules adopted under division (C)(2) of this section are	29664
public records for purposes of section 149.43 of the Revised Code	29665
and shall be made available on request of any person, including	29666
individuals being served, individuals seeking home or	29667
community-based services, and county boards of mental retardation	29668
and developmental disabilities.	29669

Sec. 5123.046. The department of mental retardation and	29670
developmental disabilities shall review each plan it receives from	29671
a county board of mental retardation and developmental	29672
disabilities under section 5126.054 of the Revised Code and, in	29673
consultation with the department of job and family services and	29674
office of budget and management, approve each plan that includes	29675
all the information and conditions specified in that section. A	29676
plan shall be approved or disapproved not later than forty-five	29677
days after the last of the plan's components are submitted to the	29678
department under division (B) of section 5126.054 of the Revised	29679
Code.	29680

In approving plans under this section, the department	29681
shall ensure that the aggregate of all plans provide for the	29682
increased enrollment into home or community-based services during	29683
each state fiscal year of at least five hundred individuals who	29684
did not receive residential services, supported living, or home or	29685
community-based services the prior state fiscal year if the	29686
department has enough additional enrollment available for this	29687
purpose.	29688

If it approves a county board's plan, the department may	29689
authorize distribution to the county board of amounts the	29690
department has allocated to the county board for home or	29691
community-based services. The department may distribute the	29692
amounts within fifteen days of the distribution authorization. The	29693
department may distribute the amounts directly to the county board	29694
or assign the amounts to home or community-based service	29695
allocations used for payment authorization of home or	29696
community-based services.	29697

The department shall establish accountability mechanisms	29698
that the department shall use to determine whether a county board	29699
is complying with the programmatic and financial outcomes	29700
specified its approved plan. If the department determines that a	29701
county board is not in compliance with the programmatic or	29702
financial outcomes specified in its approved plan, the department	29703
may take corrective action, including either of the following:	29704

(A) Providing the county board technical assistance;

29705

(B) Suspending the county board's plan and entering into a	29706
contract with a person or government entity selected by the	29707
department under which the administration and implementation of	29708
the plan is assigned to the person or government entity. The	29709
department shall re-approve the county board's plan and allow the	29710
county board to resume administration and implementation of the	29711
plan when the department is satisfied that the county board has	29712
successfully implemented all parts of a plan of correction and is	29713
capable of complying with the programmatic or financial outcomes	29714
specified in the plan.	29715

Sec. 5123.047. (A) The department of mental retardation and	29716
developmental disabilities shall pay the nonfederal share of	29717
medicaid expenditures for habilitation center services provided to	29718
an individual with mental retardation or other developmental	29719
disability unless section 5111.041 of the Revised Code requires a	29720
county board of mental retardation and developmental disabilities	29721
or a school district to pay the nonfederal share.	29722

(B) The department shall pay the nonfederal share of	29723
medicaid expenditures for medicaid case management services if	29724
either of the following apply:	29725

(1) The services are provided to an individual with mental	29726
retardation or other developmental disability who a county board	29727
has determined under section 5126.041 of the Revised Code is not	29728
eligible for county board services;	29729

(2) The services are provided to an individual with mental	29730
retardation or other developmental disability by a public or	29731
private agency with which the department has contracted under	29732
section 5123.56 of the Revised Code to provide protective services	29733
to the individual.	29734

(C) The department shall pay the nonfederal share of	29735
medicaid expenditures for home or community-based services	29736
provided to an individual with mental retardation or other	29737
developmental disability who a county board has determined under	29738
section 5126.041 of the Revised Code is not eligible for county	29739
board services.	29740

Sec. 5123.048. (A) For state fiscal year 2002, the	29741
department of mental retardation and developmental disabilities	29742
shall assign to a county board of mental retardation and	29743
developmental disabilities the nonfederal share of medicaid	29744
expenditures for habilitation center services that a private	29745
habilitation center provides if all of the following apply:	29746

(1) The individuals who receive the services also received	29747
the services from the center pursuant to a contract the center had	29748
with the department in state fiscal year 2001;	29749

(2) The county board determined under section 5126.041 of	29750
the Revised Code that the individuals who receive the services are	29751
eligible for county board services;	29752

(3) The county board contracts with the center to provide	29753
the services after the center's contract with the department ends.	29754

(B) The department shall also make the assignment under	29755
division (A) of this section for each successive state fiscal year	29756
that the county board contracts with the private habilitation	29757
center to provide the habilitation center services to the	29758
individuals who received the services pursuant to the contract the	29759
department had with the center in state fiscal year 2001.	29760

(C) The amount the department shall assign under	29761
divisions (A) and (B) of this section shall be adequate to ensure	29762
that the habilitation center services the individuals receive are	29763
comparable in scope to the habilitation center services they	29764
received when the private habilitation center was under contract	29765
with the department.	29766

(D) A county board shall use the assignment it receives	29767
under divisions (A) and (B) of this section to pay the nonfederal	29768
share of the medicaid expenditures for the habilitation center	29769
services the county board is required by division (D) of section	29770
5111.041 of the Revised Code to pay.	29771

Sec. 5123.049. The director of mental retardation and	29772
developmental disabilities shall adopt rules in accordance with	29773
Chapter 119. of the Revised Code governing the authorization and	29774
payment of home or community-based services, medicaid case	29775
management services, and habilitation center services. The rules	29776
shall provide for private providers of the services to receive one	29777
hundred per cent of the medicaid allowable payment amount and for	29778
government providers of the services to receive the federal share	29779
of the medicaid allowable payment, less the amount withheld as a	29780
fee under section 5123.0412 of the Revised Code and any amount	29781
that may be required to be deposited into a county MR/DD medicaid	29782
reserve fund under section 5705.091 of the Revised Code. The	29783
rules shall establish the process by which county boards of mental	29784
retardation and developmental disabilities shall certify and	29785
provide the nonfederal share of medicaid expenditures that the	29786
county board is required by division (A) of section 5126.056 of	29787
the Revised Code to pay.	29788

Sec. 5123.0410. (A) An individual with mental retardation or	29789
other developmental disability who moves from one county in this	29790
state to another county in this state shall receive home or	29791
community-based services in the new county that are comparable in	29792
scope to the home or community-based services the individual	29793
receives in the prior county at the time the individual moves. If	29794
the county board serving the county to which the individual moves	29795
determines under section 5126.041 of the Revised Code that the	29796
individual is eligible for county board services, the county board	29797
shall ensure that the individual receives the comparable services.	29798
If the county board does not make that determination, the	29799
department of mental retardation and developmental disabilities	29800
shall ensure that the individual receives the comparable services.	29801

If the home or community-based services that the	29802
individual receives at the time the individual moves includes	29803
residential services, the department shall reduce the amount the	29804
department allocates to the county board serving the county the	29805
individual left for those residential services by an amount that	29806
equals the payment the department authorizes or projects, or both,	29807
for those services from the last day the individual resides in the	29808
county to the last day of the state fiscal year in which the	29809
individual moves. The department shall increase the amount the	29810
department allocates to the county board serving the county the	29811
individual moves to by the same amount. The department shall make	29812
the reduction and increase effective the day the department	29813
determines the individual has residence in the new county. The	29814
department shall determine the amount that is to be reduced and	29815
increased in accordance with the department's rules for	29816
authorizing payments for home or community-based services	29817
established adopted under section 5123.049 of the Revised Code.	29818
The department shall annualize the reduction and increase for the	29819
subsequent state fiscal year as necessary.	29820

Sec. 5123.0411. The department of mental retardation and	29821
developmental disabilities may bring a mandamus action against a	29822
county board of mental retardation and developmental disabilities	29823
that fails to pay the nonfederal share of medicaid expenditures	29824
that the county board is required by division (A) of section	29825
5126.056 of the Revised Code to pay. The department may bring the	29826
mandamus action in the court of common pleas of the county served	29827
by the county board or in the Franklin county court of common	29828
pleas.	29829

Sec. 5123.0412. (A) At times the department of mental	29830
retardation and developmental disabilities determines, the	29831
department shall charge each county board of mental retardation	29832
and developmental disabilities a fee equal to one per cent of the	29833
total value of all medicaid paid claims for habilitation center	29834
services, medicaid case management services, and home or	29835
community-based services for which the county board contracts or	29836
provides itself. No county board shall pass the cost of a fee	29837
charged to the county board under this section on to a person or	29838
government entity with which the county board contracts to provide	29839
the services.	29840

(B) Two-thirds of the fees collected under this section	29841
shall be deposited into ODMR/DD administration and oversight fund,	29842
which is hereby created in the state treasury. One-third of the	29843
fees collected under this section shall be deposited into the	29844
ODJFS administration and oversight fund, which is hereby created	29845
in the state treasury. The department of mental retardation and	29846
developmental disabilities shall use the money in the ODMR/DD	29847
administration and oversight fund and the department of job and	29848
family services shall use the money in the ODJFS administration	29849
and oversight fund for both of the following purposes:	29850

(1) The administrative and oversight costs of habilitation	29851
center services, medicaid case management services, and home or	29852
community-based services that a county board develops and monitors	29853
and the county board or a person or government entity under	29854
contract with the county board provides. The administrative and	29855
oversight costs shall include costs for staff, systems, and other	29856
resources the departments need and dedicate solely to the	29857
following duties associated with the services:	29858

(a) Eligibility determinations;

29859

(b) Training;

29860

(c) Fiscal management;

29861

(d) Claims processing;

29862

(e) Quality assurance oversight;

29863

(f) Other duties the departments identify.

29864

(2) Providing technical support to county boards' local	29865
administrative authority under section 5126.055 of the Revised	29866
Code for the services.	29867

(C) The departments of mental retardation and developmental	29868
disabilities and job and family services shall enter into an	29869
interagency agreement to provide for the departments to coordinate	29870
the staff whose costs are paid for with money in the ODMR/DD	29871
administration and oversight fund and the ODJFS administration and	29872
oversight fund.	29873

(D) The departments shall submit an annual report to the	29874
director of budget and management certifying how the departments	29875
spent the money in the ODMR/DD administration and oversight fund	29876
and the ODJFS administration and oversight fund for the purposes	29877
specified in division (B) of this section.	29878

Sec. 5123.0413. The department of mental retardation and	29879
developmental disabilities, in consultation with the department of	29880
job and family services and county boards of mental retardation	29881
and developmental disabilities, shall plan for the establishment,	29882
funding, and management of one or more of the following to pay for	29883
extraordinary costs, including extraordinary costs for services to	29884
individuals with mental retardation or other developmental	29885
disability, and ensure the availability of adequate funds in the	29886
event a county property tax levy for services for individuals with	29887
mental retardation or other developmental disability fails:	29888

(A) County MR/DD medicaid reserve funds;

29889

(B) A state MR/DD risk fund;

29890

(C) A state insurance against MR/DD risk fund.

29891

Sec. 5123.195.  No residential facility shall terminate its	29892
status as a provider under the medicaid program under Chapter	29893
5111. of the Revised Code unless it has, at least ninety days	29894
prior to such termination, provided written notice to the	29895
department of job and family services of such action. This	29896
requirement does not apply in cases where the department of job	29897
and family services terminates a residential facility's provider	29898
agreement or provider status.	29899

Sec. 5123.60.  (A) A legal rights service is hereby created	29900
and established to protect and advocate the rights of mentally ill	29901
persons, mentally retarded persons, developmentally disabled	29902
persons, and other disabled persons who may be represented by the	29903
service pursuant to division (L) of this section; to receive and	29904
act upon complaints concerning institutional and hospital	29905
practices and conditions of institutions for mentally retarded or	29906
developmentally disabled persons and hospitals for the mentally	29907
ill; and to assure that all persons detained, hospitalized,	29908
discharged, or institutionalized, and all persons whose detention,	29909
hospitalization, discharge, or institutionalization is sought or	29910
has been sought under this chapter or Chapter 5122. of the Revised	29911
Code are fully informed of their rights and adequately represented	29912
by counsel in proceedings under this chapter or Chapter 5122. of	29913
the Revised Code and in any proceedings to secure the rights of	29914
such those persons. Notwithstanding the definitions of "mentally	29915
retarded person" and "developmentally disabled person" in section	29916
5123.01 of the Revised Code, the legal rights service shall	29917
determine who is a mentally retarded or developmentally disabled	29918
person for purposes of this section and sections 5123.601 to	29919
5123.604 of the Revised Code.	29920

(B) In regard to those persons detained, hospitalized, or	29921
institutionalized under Chapter 5122. of the Revised Code, the	29922
legal rights service shall undertake formal representation only of	29923
those persons who are involuntarily detained, hospitalized, or	29924
institutionalized pursuant to sections 5122.10 to 5122.15 of the	29925
Revised Code, and those voluntarily detained, hospitalized, or	29926
institutionalized who are minors, who have been adjudicated	29927
incompetent, who have been detained, hospitalized, or	29928
institutionalized in a public hospital, or who have requested	29929
representation by the legal rights service. If a person referred	29930
to in division (A) of this section voluntarily requests in writing	29931
that the legal rights service terminate participation in the	29932
person's case, such involvement shall cease.	29933

(C) Any person voluntarily hospitalized or institutionalized	29934
in a public hospital under division (A) of section 5122.02 of the	29935
Revised Code, after being fully informed of the person's rights	29936
pursuant to under division (A) of this section, may, by written	29937
request, waive assistance by the legal rights service if the	29938
waiver is knowingly and intelligently made, without duress or	29939
coercion.	29940

The waiver may be rescinded at any time by the voluntary	29941
patient or resident, or by the voluntary patient's or resident's	29942
legal guardian.	29943

(D)(1) The legal rights service commission is hereby created	29944
for the purposes of appointing an administrator of the legal	29945
rights service, advising the administrator, assisting the	29946
administrator in developing a budget, and establishing general	29947
policy guidelines for the legal rights service. The commission	29948
may receive and act upon appeals of personnel decisions by the	29949
administrator.	29950

(2) The commission shall consist of seven members. One	29951
member, who shall serve as chairperson, shall be appointed by the	29952
chief justice of the supreme court, three members shall be	29953
appointed by the speaker of the house of representatives, and	29954
three members shall be appointed by the president of the senate.	29955
At least two members shall have experience in the field of	29956
developmental disabilities, and at least two members shall have	29957
experience in the field of mental health. No member shall be a	29958
provider or related to a provider of services to mentally	29959
retarded, developmentally disabled, or mentally ill persons. Terms	29960

(3) Terms of office of the members of the commission shall	29961
be for three years, each term ending on the same day of the month	29962
of the year as did the term which it succeeds. Each member shall	29963
serve subsequent to the expiration of the member's term until a	29964
successor is appointed and qualifies, or until sixty days has	29965
elapsed, whichever occurs first. All No member shall serve more	29966
than two consecutive terms.	29967

All vacancies in the membership of the commission shall be	29968
filled in the manner prescribed for the regular appointments to	29969
the commission and shall be limited to the unexpired terms. No	29970
member shall serve more than two consecutive terms. The	29971
administrator shall not pursue any legal action under division (G)	29972
or (H) of this section until any vacancies existing in the	29973
membership of the commission have been filled.	29974

(4) The commission shall meet at least four times each year.	29975
Members shall be reimbursed for their necessary and actual	29976
expenses incurred in the performance of their official duties.	29977

(5) The administrator of the legal rights service shall be	29978
appointed for a five-year term, subject to removal for mental or	29979
physical incapacity to perform the duties of the office,	29980
conviction of violation of any law relating to the administrator's	29981
powers and duties, or other good cause shown.	29982

The administrator shall be a person who has had special	29983
training and experience in the type of work with which the legal	29984
rights service is charged. If the administrator is not an	29985
attorney, the administrator shall seek legal counsel when	29986
appropriate. The salary of the administrator shall be established	29987
in accordance with section 124.14 of the Revised Code.	29988

(E) The legal rights service shall be completely independent	29989
of the department of mental health and the department of mental	29990
retardation and developmental disabilities and, notwithstanding	29991
section 109.02 of the Revised Code, shall also be independent of	29992
the office of the attorney general. The administrator of the	29993
legal rights service, staff, and attorneys designated by the	29994
administrator to represent persons detained, hospitalized, or	29995
institutionalized under this chapter or Chapter 5122. of the	29996
Revised Code shall have ready access to the following:	29997

(1) During normal business hours and at other reasonable	29998
times, to all records relating to expenditures of state and	29999
federal funds or to the commitment, care, treatment, and	30000
habilitation of all persons represented by the legal rights	30001
service, including those who may be represented pursuant to	30002
division (L) of this section, or persons detained, hospitalized,	30003
institutionalized, or receiving services under this chapter or	30004
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	30005
records maintained by the following entities providing services	30006
for those persons: departments; institutions; hospitals;	30007
community residential facilities; boards of alcohol, drug	30008
addiction, and mental health services; county boards of mental	30009
retardation and developmental disabilities; contract agencies of	30010
those boards; and any other entity providing services to persons	30011
who may be represented by the service pursuant to division (L) of	30012
this section;	30013

(2) To any Any records maintained in computerized data banks	30014
of the departments or boards or, in the case of persons who may be	30015
represented by the service pursuant to division (L) of this	30016
section, any other entity that provides services to those persons;	30017

(3) During their normal working hours, to personnel of the	30018
departments, facilities, boards, agencies, institutions,	30019
hospitals, and other service-providing entities;	30020

(4) At any time, to all persons detained, hospitalized, or	30021
institutionalized; persons receiving services under this chapter	30022
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	30023
persons who may be represented by the service pursuant to division	30024
(L) of this section.	30025

(F) The administrator of the legal rights service shall do	30026
the following:	30027

(1) Administer and organize the work of the legal rights	30028
service and establish administrative or geographic divisions as	30029
the administrator considers necessary, proper, and expedient;	30030

(2) Adopt and promulgate rules and prescribe duties for the	30031
efficient conduct of the business and general administration of	30032
the legal rights service;	30033

(3) Appoint and discharge employees, and hire such experts,	30034
consultants, advisors, or other professionally qualified persons	30035
as the administrator considers necessary to carry out the duties	30036
of the legal rights service;	30037

(4) Apply for and accept grants of funds, and accept	30038
charitable gifts and bequests;	30039

(5) Prepare and submit a budget to the general assembly for	30040
the operation of the legal rights service;	30041

(6) Enter into contracts and make such expenditures as are	30042
necessary for the efficient operation of the legal rights service;	30043

(7) Annually prepare a report of activities and submit	30044
copies of the report to the governor, the chief justice of the	30045
supreme court, the president of the senate, the speaker of the	30046
house of representatives, the director of mental health, and the	30047
director of mental retardation and developmental disabilities, and	30048
make the report available to the public.	30049

(G) The legal rights service may act directly or contract	30050
with other organizations or individuals for the provision of the	30051
services envisioned under this section. Whenever possible, the	30052
administrator shall attempt to facilitate the resolution of	30053
complaints through administrative channels. If Subject to division	30054
(D)(3) of this section, if attempts at administrative resolution	30055
prove unsatisfactory, the administrator may pursue any legal,	30056
administrative, and other appropriate remedies or approaches that	30057
may be necessary to accomplish the purposes of this section.	30058
Relationships between personnel and the agents of the legal rights	30059
service and its clients shall be fiduciary relationships, and all	30060
communications shall be confidential, as if between attorney and	30061
client.	30062

(H) The Subject to division (D)(3) of this section, the legal	30063
rights service, on the order of the administrator, with the	30064
approval of the commission, may compel by subpoena the appearance	30065
and sworn testimony of any person the administrator reasonably	30066
believes may be able to provide information or to produce any	30067
documents, books, records, papers, or other information necessary	30068
to carry out its duties.	30069

(I) The legal rights service may conduct public hearings.

30070

(J) The legal rights service may request from any	30071
governmental agency any cooperation, assistance, services, or data	30072
that will enable it to perform its duties.	30073

(K) In any malpractice action filed against the	30074
administrator of the legal rights service, a member of the staff	30075
of the legal rights service, or an attorney designated by the	30076
administrator to perform legal services under division (E) of this	30077
section, the state shall, when the administrator, member, or	30078
attorney has acted in good faith and in the scope of employment,	30079
indemnify the administrator, member, or attorney for any judgment	30080
awarded or amount negotiated in settlement, and for any court	30081
costs or legal fees incurred in defense of the claim.	30082

This division does not limit or waive, and shall not be	30083
construed to limit or waive, any defense that is available to the	30084
legal rights service, its administrator or employees, persons	30085
under a personal services contract with it, or persons designated	30086
under division (E) of this section, including, but not limited to,	30087
any defense available under section 9.86 of the Revised Code.	30088

(L) In addition to providing services to mentally ill,	30089
mentally retarded, or developmentally disabled persons, when a	30090
grant authorizing the provision of services to other individuals	30091
is accepted pursuant to division (F)(4) of this section, the legal	30092
rights service and its ombudsperson section may provide advocacy	30093
or ombudsperson services to those other individuals and exercise	30094
any other authority granted by this section or sections 5123.601	30095
to 5123.604 of the Revised Code on behalf of those individuals.	30096
Determinations of whether an individual is eligible for services	30097
under this division shall be made by the legal rights service.	30098

Sec. 5123.71.  (A)(1) Proceedings for the involuntary	30099
institutionalization of a person pursuant to sections 5123.71 to	30100
5123.76 of the Revised Code shall be commenced by the filing of an	30101
affidavit with the probate division of the court of common pleas	30102
of the county where the person person's is located resides or	30103
where the person is institutionalized, in the manner and form	30104
prescribed by the department of mental retardation and	30105
developmental disabilities either on information or actual	30106
knowledge, whichever is determined to be proper by the court. The	30107
affidavit may be filed only by a person who has custody of the	30108
individual as a parent, guardian, or service provider or by a	30109
person acting on behalf of the department or a county board of	30110
mental retardation and developmental disabilities. This section	30111
does not apply regarding the institutionalization of a person	30112
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the	30113
Revised Code.	30114

The affidavit shall contain an allegation setting forth the	30115
specific category or categories under division (L)(P) of section	30116
5123.01 of the Revised Code upon which the commencement of	30117
proceedings is based and a statement of the factual ground for the	30118
belief that the person is a mentally retarded person subject to	30119
institutionalization by court order. Except as provided in	30120
division (A)(2) of this section, the affidavit shall be	30121
accompanied by both of the following:	30122

(a) A comprehensive evaluation report prepared by the	30123
person's evaluation team that includes a statement by the members	30124
of the team certifying that they have performed a comprehensive	30125
evaluation of the person and that they are of the opinion that the	30126
person is a mentally retarded person subject to	30127
institutionalization by court order;	30128

(b) An assessment report prepared by the county board of	30129
mental retardation and developmental disabilities under section	30130
5123.711 of the Revised Code specifying that the individual is in	30131
need of services on an emergency or priority basis.	30132

(2) A In lieu of the comprehensive evaluation report, the	30133
affidavit may be accompanied by a written and sworn statement that	30134
the person or the guardian of a person adjudicated incompetent has	30135
refused to allow a comprehensive evaluation and county board	30136
assessment and assessment reports. Immediately after accepting an	30137
affidavit that is not accompanied by the reports of a	30138
comprehensive evaluation and county board assessment, the court	30139
shall cause a comprehensive evaluation and county board assessment	30140
of the person named in the affidavit to be performed. The	30141
evaluation shall be conducted in the least restrictive environment	30142
possible and the assessment shall be conducted in the same manner	30143
as assessments conducted under section 5123.711 of the Revised	30144
Code. The evaluation and assessment must be completed before a	30145
probable cause hearing or full hearing may be held under section	30146
5123.75 or 5123.76 of the Revised Code.	30147

A written report of the evaluation team's findings and the	30148
county board's assessment shall be filed with the court. The	30149
reports shall, consistent with the rules of evidence, be accepted	30150
as probative evidence in any proceeding under section 5123.75 or	30151
5123.76 of the Revised Code. If the counsel for the person who is	30152
evaluated or assessed is known, the court shall send to the	30153
counsel a copy of the reports as soon as possible after they are	30154
filed and prior to any proceedings under section 5123.75 or	30155
5123.76 of the Revised Code.	30156

(B) , if the division may the,, Any person who is	30157
involuntarily detained in an institution or otherwise is in	30158
custody under this chapter shall be informed the person of the	30159
right to do the following:	30160

(1) Immediately make a reasonable number of telephone calls	30161
or use other reasonable means to contact an attorney, a physician,	30162
or both, to contact any other person or persons to secure	30163
representation by counsel, or to obtain medical assistance, and be	30164
provided assistance in making calls if the assistance is needed	30165
and requested;	30166

(2) Retain counsel and have independent expert evaluation	30167
and, if the person is an indigent person, be represented by	30168
court-appointed counsel and have independent expert evaluation at	30169
court expense;	30170

(3) Upon request, have a hearing to determine whether there	30171
is probable cause to believe that the person is a mentally	30172
retarded person subject to institutionalization by court order.	30173

(C) No person who is being treated by spiritual means	30174
through prayer alone in accordance with a recognized religious	30175
method of healing may be ordered detained or involuntarily	30176
committed unless the court has determined that the person	30177
represents a very substantial risk of self-impairment,	30178
self-injury, or impairment or injury to self to others.	30179

Sec. 5123.76.  (A) The full hearing shall be conducted in a	30180
manner consistent with the procedures outlined in this chapter and	30181
with due process of law. The hearing shall be held by a judge of	30182
the probate division or, upon transfer by the judge of the probate	30183
division, by another judge of the court of common pleas, or a	30184
referee designated by the judge of the probate division. Any	30185
referee designated by the judge of the probate division must be an	30186
attorney.	30187

(1) The following shall be made available to counsel for the	30188
respondent:	30189

(a) All relevant documents, information, and evidence in the	30190
custody or control of the state or prosecutor;	30191

(b) All relevant documents, information, and evidence in the	30192
custody or control of the institution, facility, or program in	30193
which the respondent currently is held or in which the respondent	30194
has been held pursuant to these proceedings;	30195

(c) With the consent of the respondent, all relevant	30196
documents, information, and evidence in the custody or control of	30197
any institution or person other than the state.	30198

(2) The respondent has the right to be represented by	30199
counsel of the respondent's choice and has the right to attend the	30200
hearing except if unusual circumstances of compelling medical	30201
necessity exist that render the respondent unable to attend and	30202
the respondent has not expressed a desire to attend.	30203

(3) If the respondent is not represented by counsel and the	30204
court determines that the conditions specified in division (A)(2)	30205
of this section justify the respondent's absence and the right to	30206
counsel has not been validly waived, the court shall appoint	30207
counsel forthwith to represent the respondent at the hearing,	30208
reserving the right to tax costs of appointed counsel to the	30209
respondent unless it is shown that the respondent is indigent. If	30210
the court appoints counsel, or if the court determines that the	30211
evidence relevant to the respondent's absence does not justify the	30212
absence, the court shall continue the case.	30213

(4) The respondent shall be informed of the right to retain	30214
counsel, to have independent expert evaluation, and, if an	30215
indigent person, to be represented by court appointed counsel and	30216
have expert independent evaluation at court expense.	30217

(5) The hearing may be closed to the public unless counsel	30218
for the respondent requests that the hearing be open to the	30219
public.	30220

(6) Unless objected to by the respondent, the respondent's	30221
counsel, or the designee of the director of mental retardation and	30222
developmental disabilities, the court, for good cause shown, may	30223
admit persons having a legitimate interest in the proceedings.	30224

(7) The affiant under section 5123.71 of the Revised Code	30225
shall be subject to subpoena by either party.	30226

(8) The court shall examine the sufficiency of all documents	30227
filed and shall inform the respondent, if present, and the	30228
respondent's counsel of the nature of the content of the documents	30229
and the reason for which the respondent is being held or for which	30230
the respondent's placement is being sought.	30231

(9) The court shall receive only relevant, competent, and	30232
material evidence.	30233

(10) The designee of the director shall present the evidence	30234
for the state. In proceedings under this chapter, the attorney	30235
general shall present the comprehensive evaluation, assessment,	30236
diagnosis, prognosis, record of habilitation and care, if any, and	30237
less restrictive habilitation plans, if any. The attorney general	30238
does not have a similar presentation responsibility in connection	30239
with a person who has been found not guilty by reason of insanity	30240
and who is the subject of a hearing under section 2945.40 of the	30241
Revised Code to determine whether the person is a mentally	30242
retarded person subject to institutionalization by court order.	30243

(11) The respondent has the right to testify and the	30244
respondent or the respondent's counsel has the right to subpoena	30245
witnesses and documents and to present and cross-examine	30246
witnesses.	30247

(12) The respondent shall not be compelled to testify and	30248
shall be so advised by the court.	30249

(13) On motion of the respondent or the respondent's counsel	30250
for good cause shown, or upon the court's own motion, the court	30251
may order a continuance of the hearing.	30252

(14) To an extent not inconsistent with this chapter, the	30253
Rules of Civil Procedure shall be applicable.	30254

(B) Unless, upon completion of the hearing, the court finds	30255
by clear and convincing evidence that the respondent named in the	30256
affidavit is a mentally retarded person subject to	30257
institutionalization by court order, it shall order the	30258
respondent's discharge forthwith.	30259

(C) If, upon completion of the hearing, the court finds by	30260
clear and convincing evidence that the respondent is a mentally	30261
retarded person subject to institutionalization by court order,	30262
the court may order the respondent's discharge or order the	30263
respondent, for a period not to exceed ninety days, to any of the	30264
following:	30265

(1) A public institution, provided that commitment of the	30266
respondent to the institution will not cause the institution to	30267
exceed its licensed capacity determined in accordance with section	30268
5123.19 of the Revised Code and provided that such a placement is	30269
indicated by the comprehensive evaluation report filed pursuant to	30270
section 5123.71 of the Revised Code;	30271

(2) A private institution;

30272

(3) A county mental retardation program;

30273

(4) Receive private habilitation and care;

30274

(5) Any other suitable facility, program, or the care of any	30275
person consistent with the comprehensive evaluation, assessment,	30276
diagnosis, prognosis, and habilitation needs of the respondent.	30277

(D) Any order made pursuant to division (C)(2), (4), or (5)	30278
of this section shall be conditional upon the receipt by the court	30279
of consent by the facility, program, or person to accept the	30280
respondent.	30281

(E) In determining the place to which, or the person with	30282
whom, the respondent is to be committed, the court shall consider	30283
the comprehensive evaluation, assessment, diagnosis, and projected	30284
habilitation plan for the respondent, and shall order the	30285
implementation of the least restrictive alternative available and	30286
consistent with habilitation goals.	30287

(F) If, at any time it is determined by the director of the	30288
facility or program to which, or the person to whom, the	30289
respondent is committed that the respondent could be equally well	30290
habilitated in a less restrictive environment that is available,	30291
the following shall occur:	30292

(1) The respondent shall be released by the director of the	30293
facility or program or by the person forthwith and referred to the	30294
court together with a report of the findings and recommendations	30295
of the facility, program, or person.	30296

(2) The director of the facility or program or the person	30297
shall notify the respondent's counsel and the designee of the	30298
director of mental retardation and developmental disabilities.	30299

(3) The court shall dismiss the case or order placement in	30300
the less restrictive environment.	30301

(G)(1) Except as provided in divisions (G)(2) and (3) of	30302
this section, any person who has been committed under this section	30303
may apply at any time during the ninety-day period for voluntary	30304
admission to an institution under section 5123.69 of the Revised	30305
Code. Upon admission of a voluntary resident, the managing	30306
officer immediately shall notify the court, the respondent's	30307
counsel, and the designee of the director in writing of that fact	30308
by mail or otherwise, and, upon receipt of the notice, the court	30309
shall dismiss the case. is admitted	30310

(2) admitted A person who is found incompetent to stand trial	30311
or not guilty by reason of insanity and who is committed pursuant	30312
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	30313
Code shall not be voluntarily admitted to an institution pursuant	30314
to division (G)(1) of this section until after the termination of	30315
the commitment, as described in division (J) of section 2945.401	30316
of the Revised Code.	30317

(H) If, at the end of any commitment period, the respondent	30318
has not already been discharged or has not requested voluntary	30319
admission status, the director of the facility or program, or the	30320
person to whose care the respondent has been committed, shall	30321
discharge the respondent forthwith, unless at least ten days	30322
before the expiration of that period the designee of the director	30323
of mental retardation and developmental disabilities or the	30324
prosecutor files an application with the court requesting	30325
continued commitment.	30326

(1) An application for continued commitment shall include a	30327
written report containing a current comprehensive evaluation and	30328
assessment, a diagnosis, a prognosis, an account of progress and	30329
past habilitation, and a description of alternative habilitation	30330
settings and plans, including a habilitation setting that is the	30331
least restrictive setting consistent with the need for	30332
habilitation. A copy of the application shall be provided to	30333
respondent's counsel. The requirements for notice under section	30334
5123.73 of the Revised Code and the provisions of divisions (A) to	30335
(E) of this section apply to all hearings on such applications.	30336

(2) A hearing on the first application for continued	30337
commitment shall be held at the expiration of the first ninety-day	30338
period. The hearing shall be mandatory and may not be waived.	30339

(3) Subsequent periods of commitment not to exceed one	30340
hundred eighty days each may be ordered by the court if the	30341
designee of the director of mental retardation and developmental	30342
disabilities files an application for continued commitment, after	30343
a hearing is held on the application or without a hearing if no	30344
hearing is requested and no hearing required under division (H)(4)	30345
of this section is waived. Upon the application of a person	30346
involuntarily committed under this section, supported by an	30347
affidavit of a licensed physician alleging that the person is no	30348
longer a mentally retarded person subject to institutionalization	30349
by court order, the court for good cause shown may hold a full	30350
hearing on the person's continued commitment prior to the	30351
expiration of any subsequent period of commitment set by the	30352
court.	30353

(4) A mandatory hearing shall be held at least every two	30354
years after the initial commitment.	30355

(5) If the court, after a hearing upon a request to continue	30356
commitment, finds that the respondent is a mentally retarded	30357
person subject to institutionalization by court order, the court	30358
may make an order pursuant to divisions (C), (D), and (E) of this	30359
section.	30360

(I) Notwithstanding the provisions of division (H) of this	30361
section, no person who is found to be a mentally retarded person	30362
subject to institutionalization by court order pursuant to	30363
division (L)(P)(2) of section 5123.01 of the Revised Code shall be	30364
held under involuntary commitment for more than five years.	30365

(J) The managing officer admitting a person pursuant to a	30366
judicial proceeding, within ten working days of the admission,	30367
shall make a report of the admission to the department.	30368

entity entity entity entity

30369

Sec. 5126.01.  As used in this chapter:

30370

(A) "Adult services" means a range of habilitation services	30371
designed to meet the individual needs of persons who are eighteen	30372
years of age or over and are not enrolled in a program or service	30373
under Chapter 3323. of the Revised Code, and of persons sixteen	30374
and seventeen years of age who are eligible under rules adopted by	30375
the director of mental retardation and developmental disabilities	30376
pursuant to Chapter 119. of the Revised Code. Such services may	30377
include habilitation programs and services, sheltered employment	30378
providing a structured work environment, job training, job	30379
placement, supported employment, competitive employment, and	30380
planned therapeutic and work activities providing meaningful tasks	30381
designed to improve the effectiveness or degree with which an	30382
individual meets the standards of personal independence and social	30383
responsibility expected of the individual's age and cultural	30384
group.	30385

(B) As used in this division, "substantial functional	30386
limitation," "developmental delay," and "established risk" have	30387
the meanings established pursuant to section 5123.011 of the	30388
Revised Code.	30389

"Developmental disability" means a severe, chronic disability	30390
that is characterized by all of the following:	30391

(1) It is attributable to a mental or physical impairment or	30392
a combination of mental and physical impairments, other than a	30393
mental or physical impairment solely caused by mental illness as	30394
defined in division (A) of section 5122.01 of the Revised Code;	30395

(2) It is manifested before age twenty-two;

30396

(3) It is likely to continue indefinitely;

30397

(4) It results in one of the following:

30398

(a) In the case of a person under age three, at least one	30399
developmental delay or an established risk;	30400

(b) In the case of a person at least age three but under age	30401
six, at least two developmental delays or an established risk;	30402

(c) In the case of a person age six or older, a substantial	30403
functional limitation in at least three of the following areas of	30404
major life activity, as appropriate for the person's age:	30405
self-care, receptive and expressive language, learning, mobility,	30406
self-direction, capacity for independent living, and, if the	30407
person is at least age sixteen, capacity for economic	30408
self-sufficiency.	30409

(5) It causes the person to need a combination and sequence	30410
of special, interdisciplinary, or other type of care, treatment,	30411
or provision of services for an extended period of time that is	30412
individually planned and coordinated for the person.	30413

(C) "Early childhood services" means a planned program of	30414
habilitation designed to meet the needs of individuals with mental	30415
retardation or other developmental disabilities who have not	30416
attained compulsory school age.	30417

(D) "Habilitation" means the process by which the staff of	30418
the facility or agency assists an individual with mental	30419
retardation or other developmental disability in acquiring and	30420
maintaining those life skills that enable the individual to cope	30421
more effectively with the demands of the individual's own person	30422
and environment, and in raising the level of the individual's	30423
personal, physical, mental, social, and vocational efficiency.	30424
Habilitation includes, but is not limited to, programs of formal,	30425
structured education and training.	30426

(E) "Habilitation center services" means services provided by	30427
a habilitation center certified by the department of mental	30428
retardation and developmental disabilities under section 5123.041	30429
of the Revised Code and covered by the medicaid program pursuant	30430
to rules adopted under section 5111.041 of the Revised Code.	30431

(F) "Home or community-based services" means	30432
medicaid-funded home or community-based services provided under a	30433
medicaid component the department of mental retardation and	30434
developmental disabilities administers pursuant to section	30435
5111.871 of the Revised Code.	30436

(G) "Medicaid" has the same meaning as in section 5111.01	30437
of the Revised Code.	30438

(H) "Medicaid case management services" means case	30439
management services provided to an individual with mental	30440
retardation or other developmental disability that the state	30441
medicaid plan requires.	30442

(I) "Mental retardation" means a mental impairment	30443
manifested during the developmental period characterized by	30444
significantly subaverage general intellectual functioning existing	30445
concurrently with deficiencies in the effectiveness or degree with	30446
which an individual meets the standards of personal independence	30447
and social responsibility expected of the individual's age and	30448
cultural group.	30449

(F)(J) "Residential services" means services to individuals	30450
with mental retardation or other developmental disabilities to	30451
provide housing, food, clothing, habilitation, staff support, and	30452
related support services necessary for the health, safety, and	30453
welfare of the individuals and the advancement of their quality of	30454
life.	30455

(G)(K) "Resources" means available capital and other assets,	30456
including moneys received from the federal, state, and local	30457
governments, private grants, and donations; appropriately	30458
qualified personnel; and appropriate capital facilities and	30459
equipment.	30460

(H)(L) "Supportive home services" means a range of services	30461
to families of individuals with mental retardation or other	30462
developmental disabilities to develop and maintain increased	30463
acceptance and understanding of such persons, increased ability of	30464
family members to teach the person, better coordination between	30465
school and home, skills in performing specific therapeutic and	30466
management techniques, and ability to cope with specific	30467
situations.	30468

(I)(M) "Supported living" means services provided to an	30469
individual with mental retardation or other developmental	30470
disability through any public or private resources, including	30471
moneys from the individual, that enhance the individual's	30472
reputation in community life and advance the individual's quality	30473
of life by doing the following:	30474

(1) Providing the support necessary to enable an individual	30475
to live in a residence of the individual's choice and to choose to	30476
live alone, with any number of individuals who are not disabled,	30477
or with not more than three individuals with mental retardation	30478
and developmental disabilities unless the individuals are related	30479
by blood or marriage;	30480

(2) Encouraging the individual's participation in the	30481
community;	30482

(3) Promoting the individual's rights and autonomy;

30483

(4) Encouraging the increase of the individual's skills and	30484
competence.	30485

"Supported living" includes the provision of housing, food,	30486
clothing, habilitation, staff support, professional services, and	30487
any related support services necessary for the health, safety, and	30488
welfare of the individual receiving the services.	30489

Sec. 5126.042.  (A) As used in this section:

30490

(1) "Emergency" means any situation that creates for an	30491
individual with mental retardation or developmental disabilities a	30492
risk of substantial self-harm or substantial harm to others if	30493
action is not taken within thirty days. An "emergency" may	30494
include one or more of the following situations:	30495

(a) Loss of present residence for any reason, including	30496
legal action;	30497

(b) Loss of present caretaker for any reason, including	30498
serious illness of the caretaker, change in the caretaker's	30499
status, or inability of the caretaker to perform effectively for	30500
the individual;	30501

(c) Abuse, neglect, or exploitation of the individual;

30502

(d) Health and safety conditions that pose a serious risk to	30503
the individual or others of immediate harm or death;	30504

(e) Change in the emotional or physical condition of the	30505
individual that necessitates substantial accommodation that cannot	30506
be reasonably provided by the individual's existing caretaker.	30507

(2) "Medicaid" has the same meaning as in section 5111.01 of	30508
the Revised Code.	30509

(3) "Priority" means any situation that would constitute an	30510
emergency except that action to resolve the situation may be taken	30511
in more than thirty but less than ninety days without creating a	30512
risk of substantial harm to self or others.	30513

(B) If a county board of mental retardation and	30514
developmental disabilities determines that available resources are	30515
not sufficient to meet the needs of all individuals who request	30516
programs and services and may be offered the programs and	30517
services, it shall establish waiting lists for services. The	30518
board may establish priorities for making placements on its	30519
waiting lists according to an individual's emergency or priority	30520
status and shall establish priorities in accordance with division	30521
(D) of this section.	30522

The individuals who may be placed on a waiting list include	30523
individuals with a need for services on an emergency or priority	30524
basis and individuals who have requested services for which	30525
resources are not available.	30526

An Except for an individual who is to receive priority for	30527
services pursuant to division (D)(1)(d) of this section, an	30528
individual who currently receives a service but would like to	30529
change to another service shall not be placed on a waiting list	30530
but shall be placed on a service substitution waiting list. The	30531
board shall work with the individual, service providers, and all	30532
appropriate entities to facilitate the change in service as	30533
expeditiously as possible. The board may establish priorities for	30534
making placements on its service substitution waiting lists	30535
according to an individual's emergency or priority status.	30536

In addition to maintaining waiting lists and service	30537
substitution waiting lists, a board shall maintain a long-term	30538
service planning registry for individuals who wish to record their	30539
intention to request in the future a service they are not	30540
currently receiving. The purpose of the registry is to enable the	30541
board to document requests and to plan appropriately. The board	30542
may not place an individual on the registry who meets the	30543
conditions for receipt of services on an emergency or priority	30544
basis.	30545

(C) A county board shall establish a separate waiting list	30546
for each of the following categories of services, and may	30547
establish separate waiting lists within the waiting lists:	30548

(1) Early childhood services;

30549

(2) Educational programs for preschool and school age	30550
children;	30551

(3) Adult services;

30552

(4) Case management services;

30553

(5) Residential services and supported living;

30554

(6) Transportation services;

30555

(7) Other services determined necessary and appropriate for	30556
persons with mental retardation or a developmental disability	30557
according to their individual habilitation or service plans;	30558

(8) Family support services provided under section 5126.11	30559
of the Revised Code.	30560

(D)(1) In accordance with the county board's plan approved	30561
under section 5123.046 of the Revised Code and except as provided	30562
in division (D)(2) of this section, a county board shall give an	30563
individual who is eligible for home or community-based services	30564
and meets any of the following requirements priority over any	30565
other individual on a waiting list established under division (C)	30566
of this section other than an individual placed on the waiting	30567
list on an emergency status:	30568

(a) Does not receive residential services or supported	30569
living, either needs services in the individual's current living	30570
arrangement or will need services in a new living arrangement, and	30571
has a primary caretaker who is sixty years of age or older;	30572

(b) Is less than twenty-two years of age, does not receive	30573
residential services or supported living, resides in the home of	30574
the individual's family, and has at least one of the following:	30575

(i) Service needs that the county board determines are	30576
unusual in scope or intensity due to severe behavior problems for	30577
which a behavior support plan is needed;	30578

(ii) An emotional disorder for which anti-psychotic	30579
medication is needed;	30580

(iii) A medical condition that leaves the individual	30581
dependent on life-support medical technology;	30582

(iv) A condition affecting multiple body systems for which	30583
a combination of specialized medical, psychological, educational,	30584
or habilitation services are needed;	30585

(v) A condition the county board determines to be	30586
comparable in severity to any condition described in division	30587
(D)(1)(b)(i) to (iv) of this section and places the individual at	30588
significant risk of institutionalization.	30589

(c) Is twenty-two years of age or older and is determined	30590
by the county board to have intensive needs for residential	30591
services on an in-home or out-of-home basis;	30592

(d) Resides in an intermediate care facility for the	30593
mentally retarded or nursing facility and chooses to move to	30594
another setting.	30595

(2) No more than two hundred individuals in the state may	30596
receive priority for services during state fiscal years 2002 and	30597
2003 pursuant to division (D)(1)(b) of this section. No more than	30598
seventy-five individuals in the state may receive priority for	30599
services during state fiscal years 2002 and 2003 pursuant to	30600
division (D)(1)(d) of this section.	30601

(E) Prior to establishing any waiting list under this	30602
section, a county board shall develop and implement a policy for	30603
waiting lists that complies with this section and rules that the	30604
department of mental retardation and developmental disabilities	30605
shall adopt in accordance with Chapter 119. of the Revised Code.	30606
The department's rules shall include procedures to be followed to	30607
ensure that the due process rights of individuals placed on	30608
waiting lists are not violated.	30609

Prior to placing an individual on a waiting list, the county	30610
board shall assess the service needs of the individual in	30611
accordance with all applicable state and federal laws. The county	30612
board shall place the individual on the appropriate waiting list	30613
and may place the individual on more than one waiting list.	30614

At least annually, the county board shall reassess the	30615
service needs of each individual on a waiting list. If it	30616
determines that an individual no longer needs a program or	30617
service, the county board shall remove the individual from the	30618
waiting list. If it determines that an individual needs a program	30619
or service other than the one for which the individual is on the	30620
waiting list, the county board shall provide the program or	30621
service to the individual or place the individual on a waiting	30622
list for the program or service in accordance with the board's	30623
policy for waiting lists.	30624

When a program or service for which there is a waiting list	30625
becomes available, the county board shall reassess the service	30626
needs of the individual next scheduled on the waiting list to	30627
receive that program or service. If the reassessment demonstrates	30628
that the individual continues to need the program or service, the	30629
board shall offer the program or service to the individual. If it	30630
determines that an individual no longer needs a program or	30631
service, the county board shall remove the individual from the	30632
waiting list. If it determines that an individual needs a program	30633
or service other than the one for which the individual is on the	30634
waiting list, the county board shall provide the program or	30635
service to the individual or place the individual on a waiting	30636
list for the program or service in accordance with the board's	30637
policy for waiting lists.	30638

(E)(F) A child subject to a determination made pursuant to	30639
section 121.38 of the Revised Code who requires the home and or	30640
community-based services provided through the medical assistance	30641
waiver programs operated medicaid component that the department of	30642
mental retardation and developmental disabilities administers	30643
under sections 5111.87 and 5111.88 section 5111.871 of the Revised	30644
Code shall receive services through the waiver programs adopted	30645
under Chapters 5111., 5123., and 5126. of the Revised Code that	30646
medicaid component. For all other services, a child subject to a	30647
determination made pursuant to section 121.38 of the Revised Code	30648
shall be treated as an emergency by the county boards and shall	30649
not be subject to a waiting list.	30650

(F)(G) Not later than the fifteenth day of March of each	30651
even-numbered year, each county board shall prepare and submit to	30652
the director of mental retardation and developmental disabilities	30653
its recommendations for the funding of services for individuals	30654
with mental retardation and developmental disabilities and its	30655
proposals for reducing the waiting lists for services.	30656

(G)(H) The following shall take precedence over the	30657
applicable provisions of this section:	30658

(1) Medicaid rules and regulations;

30659

(2) Any specific requirements that may be contained within a	30660
medicaid state plan amendment or waiver program that a county	30661
board has authority to administer or with respect to which it has	30662
authority to provide services, programs, or supports.	30663

Sec. 5126.046. For the purpose of obtaining additional	30664
federal medicaid funds for home or community-based services,	30665
medicaid case management services, and habilitation center	30666
services, a county board of mental retardation and developmental	30667
disabilities may do both of the following:	30668

(A) Transfer an individual with mental retardation or other	30669
developmental disability who meets all of the following	30670
requirements to home or community-based services that include	30671
supported living or family support services:	30672

(1) Is twenty-two years of age or older;

30673

(2) Receives supported living or family support services;

30674

(3) Is eligible for the home or community-based services.

30675

(B) Transfer an individual with mental retardation or other	30676
developmental disability who meets all of the following	30677
requirements to home or community-based services that include	30678
adult services:	30679

(1) Receives adult services;

30680

(2) Resides in the individual's own home or the home of the	30681
individual's family and will continue to reside in that home after	30682
the transfer;	30683

(3) Is eligible for the home or community-based services.

30684

Sec. 5126.047. (A) Each county board of mental retardation	30685
and developmental disabilities that has local administrative	30686
authority under division (A) of section 5126.055 of the Revised	30687
Code for habilitation, vocational, or community employment	30688
services provided as part of home or community-based services	30689
shall create a list of all persons and government entities	30690
eligible to provide such habilitation, vocational, or community	30691
employment services. If the county board chooses and is eligible	30692
to provide such habilitation, vocational, or community employment	30693
services, the county board shall include itself on the list. The	30694
county board shall make the list available to each individual with	30695
mental retardation or other developmental disability who resides	30696
in the county and is eligible for such habilitation, vocational,	30697
or community employment services. The county board shall also	30698
make the list available to such individuals' families.	30699

An individual with mental retardation or other	30700
developmental disability who is eligible for habilitation,	30701
vocational, or community employment services may choose the	30702
provider of the services.	30703

If a county board has local administrative authority under	30704
division (A) of section 5126.055 of the Revised Code for	30705
habilitation, vocational, and community employment services	30706
provided as part of home or community-based services, the county	30707
board shall pay the nonfederal share of the habilitation,	30708
vocational, and community employment services when required by	30709
section 5126.056 of the Revised Code. The department of mental	30710
retardation and developmental disabilities shall pay the	30711
nonfederal share of such habilitation, vocational, and community	30712
employment services when required by section 5123.047 of the	30713
Revised Code.	30714

(B) Each month, the department of mental retardation and	30715
developmental disabilities shall create a list of all persons and	30716
government entities eligible to provide residential services and	30717
supported living. The department shall include on the list all	30718
residential facilities licensed under section 5123.19 of the	30719
Revised Code and all supported living providers certified under	30720
section 5126.431 of the Revised Code. The department shall	30721
distribute the monthly lists to county boards that have local	30722
administrative authority under division (A) of section 5126.055 of	30723
the Revised Code for residential services and supported living	30724
provided as part of home or community-based services. A county	30725
board that receives a list shall make it available to each	30726
individual with mental retardation or other developmental	30727
disability who resides in the county and is eligible for such	30728
residential services or supported living. The county board shall	30729
also make the list available to the families of those individuals.	30730

An individual who is eligible for residential services or	30731
supported living may choose the provider of the residential	30732
services or supported living.	30733

If a county board has local administrative authority under	30734
division (A) of section 5126.055 of the Revised Code for	30735
residential services and supported living provided as part of home	30736
or community-based services, the county board shall pay the	30737
nonfederal share of the residential services and supported living	30738
when required by section 5126.056 of the Revised Code. The	30739
department shall pay the nonfederal share of the residential	30740
services and supported living when required by section 5123.047 of	30741
the Revised Code.	30742

(C) If a county board that has local administrative	30743
authority under division (A) of section 5126.055 of the Revised	30744
Code for home or community-based services violates the right	30745
established by this section of an individual to choose a provider	30746
that is qualified and willing to provide services to the	30747
individual, the individual shall receive timely notice that the	30748
individual may request a hearing under section 5101.35 of the	30749
Revised Code.	30750

(D) The departments of mental retardation and developmental	30751
disabilities and job and family services shall adopt rules in	30752
accordance with Chapter 119. of the Revised Code governing the	30753
implementation of this section. The rules shall include	30754
procedures for individuals to choose their service providers. The	30755
rules shall not be limited by a provider selection system	30756
established under section 5126.42 of the Revised Code, including	30757
any pool of providers created pursuant to a provider selection	30758
system.	30759

Sec. 5126.05.  (A) Subject to the rules established by the	30760
director of mental retardation and developmental disabilities	30761
pursuant to Chapter 119. of the Revised Code for programs and	30762
services offered pursuant to this chapter, and subject to the	30763
rules established by the state board of education pursuant to	30764
Chapter 119. of the Revised Code for programs and services offered	30765
pursuant to Chapter 3323. of the Revised Code, the county board of	30766
mental retardation and developmental disabilities shall:	30767

(1) Administer and operate facilities, programs, and	30768
services as provided by this chapter and Chapter 3323. of the	30769
Revised Code and establish policies for their administration and	30770
operation;	30771

(2) Coordinate, monitor, and evaluate existing services and	30772
facilities available to individuals with mental retardation and	30773
developmental disabilities;	30774

(3) Provide early childhood services, supportive home	30775
services, and adult services, according to the plan and priorities	30776
developed under section 5126.04 of the Revised Code;	30777

(4) Provide or contract for special education services	30778
pursuant to Chapters 3317. and 3323. of the Revised Code and	30779
ensure that related services, as defined in section 3323.01 of the	30780
Revised Code, are available according to the plan and priorities	30781
developed under section 5126.04 of the Revised Code;	30782

(5) Adopt a budget, authorize expenditures for the purposes	30783
specified in this chapter and do so in accordance with section	30784
319.16 of the Revised Code, approve attendance of board members	30785
and employees at professional meetings and approve expenditures	30786
for attendance, and exercise such powers and duties as are	30787
prescribed by the director;	30788

(6) Submit annual reports of its work and expenditures,	30789
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	30790
the director, the superintendent of public instruction, and the	30791
board of county commissioners at the close of the fiscal year and	30792
at such other times as may reasonably be requested;	30793

(7) Authorize all positions of employment, establish	30794
compensation, including but not limited to salary schedules and	30795
fringe benefits for all board employees, approve contracts of	30796
employment for management employees that are for a term of more	30797
than one year, employ legal counsel under section 309.10 of the	30798
Revised Code, and contract for employee benefits;	30799

(8) Provide case management services, as defined in rules	30800
adopted by the director of mental retardation and developmental	30801
disabilities, in accordance with section 5126.15 of the Revised	30802
Code;	30803

(9) Certify respite care homes pursuant to rules adopted	30804
under section 5123.171 of the Revised Code by the director of	30805
mental retardation and developmental disabilities.	30806

(B) To the extent that rules adopted under this section	30807
apply to the identification and placement of handicapped children	30808
under Chapter 3323. of the Revised Code, they shall be consistent	30809
with the standards and procedures established under sections	30810
3323.03 to 3323.05 of the Revised Code.	30811

(C) Any county board may enter into contracts with other	30812
such boards and with public or private, nonprofit, or	30813
profit-making agencies or organizations of the same or another	30814
county, to provide the facilities, programs, and services	30815
authorized or required, upon such terms as may be agreeable, and	30816
in accordance with this chapter and Chapter 3323. of the Revised	30817
Code and rules adopted thereunder and in accordance with sections	30818
307.86 and 5126.071 of the Revised Code.	30819

(D) A county board may combine transportation for children	30820
and adults enrolled in programs and services offered under section	30821
5126.12 with transportation for children enrolled in classes	30822
funded under section 3317.20 or units approved under section	30823
3317.05 of the Revised Code.	30824

(E) A county board may purchase all necessary insurance	30825
policies, may purchase equipment and supplies through the	30826
department of administrative services or from other sources, and	30827
may enter into agreements with public agencies or nonprofit	30828
organizations for cooperative purchasing arrangements.	30829

(F) A county board may receive by gift, grant, devise, or	30830
bequest any moneys, lands, or property for the benefit of the	30831
purposes for which the board is established and hold, apply, and	30832
dispose of the moneys, lands, and property according to the terms	30833
of the gift, grant, devise, or bequest. All money received by	30834
gift, grant, bequest, or disposition of lands or property received	30835
by gift, grant, devise, or bequest shall be deposited in the	30836
county treasury to the credit of such board and shall be available	30837
for use by the board for purposes determined or stated by the	30838
donor or grantor, but may not be used for personal expenses of the	30839
board members. Any interest or earnings accruing from such gift,	30840
grant, devise, or bequest shall be treated in the same manner and	30841
subject to the same provisions as such gift, grant, devise, or	30842
bequest.	30843

(G) The board of county commissioners shall levy taxes and	30844
make appropriations sufficient to enable the county board of	30845
mental retardation and developmental disabilities to perform its	30846
functions and duties, and may utilize any available local, state,	30847
and federal funds for such purpose.	30848

Sec. 5126.051.  (A) To the extent that resources are	30849
available, a county board of mental retardation and developmental	30850
disabilities may shall provide for or arrange residential services	30851
and supported living for individuals with mental retardation and	30852
developmental disabilities.	30853

A county board may acquire, convey, lease, or sell property	30854
for residential services and supported living and enter into loan	30855
agreements, including mortgages, for the acquisition of such	30856
property. A county board is not required to comply with	30857
provisions of Chapter 307. of the Revised Code providing for	30858
competitive bidding or sheriff sales in the acquisition, lease,	30859
conveyance, or sale of property under this division, but the	30860
acquisition, lease, conveyance, or sale must be at fair market	30861
value determined by appraisal of one or more disinterested persons	30862
appointed by the board.	30863

Any action taken by a county board under this division that	30864
will incur debt on the part of the county shall be taken in	30865
accordance with Chapter 133. of the Revised Code. A county board	30866
shall not incur any debt on the part of the county without the	30867
prior approval of the board of county commissioners.	30868

(B)(1) To the extent that resources are available, in	30869
addition to sheltered employment and work activities provided as	30870
adult services pursuant to division (A)(3) of section 5126.05 of	30871
the Revised Code, a county board of mental retardation and	30872
developmental disabilities may provide or arrange for job	30873
training, vocational evaluation, and community employment services	30874
to mentally retarded and developmentally disabled individuals who	30875
are age eighteen and older and not enrolled in a program or	30876
service under Chapter 3323. of the Revised Code or age sixteen or	30877
seventeen and eligible for adult services under rules adopted by	30878
the director of mental retardation and developmental disabilities	30879
under Chapter 119. of the Revised Code. These services shall be	30880
provided in accordance with the individual's individual service or	30881
habilitation plan and shall include support services specified in	30882
the plan.	30883

(2) A county board may, in cooperation with the Ohio	30884
rehabilitation services commission, seek federal funds for job	30885
training and community employment.	30886

(3) A county board may contract with any agency, board, or	30887
other entity that is accredited by the commission on accreditation	30888
of rehabilitation facilities to provide services. A county board	30889
that is accredited by the commission on accreditation of	30890
rehabilitation facilities may provide services for which it is	30891
certified by the commission.	30892

(C) To the extent that resources are available, a county	30893
board may provide services to an individual with mental	30894
retardation or other developmental disability in addition to those	30895
provided pursuant to this section, section 5126.05 of the Revised	30896
Code, or any other section of this chapter. The services shall be	30897
provided in accordance with the individual's habilitation or	30898
service plan and may be provided in collaboration with other	30899
entities of state or local government.	30900

Sec. 5126.054.  (A) Each county board of mental retardation	30901
and developmental disabilities shall, by resolution, develop a	30902
three-calendar year plan that includes all of the following	30903
components:	30904

(1) An assessment component that includes all of the	30905
following:	30906

(a) The number of individuals with mental retardation or	30907
other developmental disability residing in the county who need	30908
medicaid case management services and habilitation center	30909
services;	30910

(b) The number of individuals with mental retardation or	30911
other developmental disability residing in the county who need the	30912
level of care provided by an intermediate care facility for the	30913
mentally retarded and may seek home or community-based services,	30914
the service needs of those individuals, and the projected	30915
annualized cost for services;	30916

(c) The source of funds available to the county board to pay	30917
the nonfederal share of medicaid expenditures that the county	30918
board is required by division (A) of section 5126.056 of the	30919
Revised Code to pay;	30920

(d) Any other applicable information or conditions that the	30921
department of mental retardation and developmental disabilities	30922
requires as a condition of approving the plan under section	30923
5123.046 of the Revised Code.	30924

(2) A component that provides for the recruitment,	30925
training, and retention of the direct care staff necessary to	30926
implement services included in individualized service plans,	30927
including behavior management services and health management	30928
services such as delegated nursing and other habilitation	30929
services, and protect the health and welfare of individuals	30930
receiving services included in the individual's individualized	30931
service plan by complying with safeguards for unusual and major	30932
unusual incidents, day-to-day program management, and other	30933
requirements the department shall identify. A county board shall	30934
develop this component in collaboration with providers of	30935
medicaid-funded services with which the county board contracts. A	30936
county board shall include all of the following in the component:	30937

(a) The source and amount of funds available for the	30938
component;	30939

(b) A plan and timeline for implementing the component with	30940
the medicaid providers under contract with the county board;	30941

(c) The mechanisms the county board shall use to ensure the	30942
financial and program accountability of the medicaid provider's	30943
implementation of the component.	30944

(3) A component that provides for the implementation of	30945
habilitation center services, medicaid case management services,	30946
and home or community-based services. A county board shall	30947
include all of the following in the component:	30948

(a) If the department of mental retardation and	30949
developmental disabilities or department of job and family	30950
services requires, an agreement to pay the nonfederal share of	30951
medicaid expenditures that the county board is required by	30952
division (A) of section 5126.056 of the Revised Code to pay;	30953

(b) How the services are to be phased in over the period	30954
the plan covers, including how the county board will make	30955
transfers under section 5126.046 of the Revised Code and serve	30956
individuals on a waiting list established under division (C) of	30957
section 5126.042 who are given priority status under division (D)	30958
of that section;	30959

(c) Any agreement or commitment regarding the county	30960
board's funding of home or community-based services that the	30961
county board has with the department at the time the county board	30962
develops the component;	30963

(d) Assurances adequate to the department that the county	30964
board will comply with all of the following requirements:	30965

(i) To use any additional funds the county board receives	30966
for the services to improve the county board's resource	30967
capabilities for supporting such services available in the county	30968
at the time the component is developed and to expand the services	30969
to accommodate the unmet need for those services in the county;	30970

(ii) To employ a business manager who is either a new	30971
employee who has earned at least a bachelor's degree in business	30972
administration or a current employee who has the equivalent	30973
experience of a bachelor's degree in business administration. If	30974
the county board will employ a new employee, the county board	30975
shall include in the component a timeline for employing the	30976
employee.	30977

(iii) To employ a medicaid services manager who is either a	30978
new employee who has earned at least a bachelor's degree or a	30979
current employee who has the equivalent experience of a bachelor's	30980
degree. If the county board will employ a new employee, the	30981
county board shall include in the component a timeline for	30982
employing the employee.	30983

(e) An agreement to comply with the method, developed under	30984
section 5123.0413 of the Revised Code in consultation with the	30985
department and the department of job and family services, of	30986
paying for extraordinary costs, including extraordinary costs for	30987
services to individuals with mental retardation or other	30988
developmental disability, and ensuring the availability of	30989
adequate funds in the event a county property tax levy for	30990
services for individuals with mental retardation or other	30991
developmental disability fails;	30992

(f) Programmatic and financial outcomes expected from the	30993
implementation of the plan;	30994

(g) Any other applicable information or conditions that the	30995
department requires as a condition of approving the plan under	30996
section 5123.046 of the Revised Code.	30997

(B) For the purpose of obtaining the department's approval	30998
under section 5123.046 of the Revised Code of the plan the county	30999
board develops under division (A) of this section, a county board	31000
shall do both of the following:	31001

(1) Submit the components required by divisions (A)(1) and	31002
(2) of this section to the department not later than July 15,	31003
2001;	31004

(2) Submit the component required by division (A)(3) of	31005
this section to the department not later than October 1, 2001.	31006

(C) A county board whose plan developed under division (A)	31007
of this section is approved by the department under section	31008
5123.046 of the Revised Code shall update and renew the plan in	31009
accordance with a schedule the department shall develop.	31010

Sec. 5126.055.  (A) Except as provided in division (G) of	31011
this section, a county board of mental retardation and	31012
developmental disabilities with an approved plan under section	31013
5123.046 of the Revised Code has local administrative authority to	31014
do all of the following for an individual with mental retardation	31015
or other developmental disability who resides in the county that	31016
the county board serves and seeks or receives home or	31017
community-based services:	31018

(1) Perform assessments and evaluations of the individual.	31019
As part of the assessment and evaluation process, the county board	31020
shall do all of the following:	31021

(a) Make a recommendation to the department of mental	31022
retardation and developmental disabilities on whether the	31023
department should approve or deny the individual's application for	31024
the services, including on the basis of whether the individual	31025
needs the level of care an intermediate care facility for the	31026
mentally retarded provides;	31027

(b) If the individual's application is denied because of the	31028
county board's recommendation and the individual requests a	31029
hearing under section 5101.35 of the Revised Code, present, with	31030
the department of mental retardation and developmental	31031
disabilities or department of job and family services, whichever	31032
denies the application, the reasons for the recommendation and	31033
denial at the hearing;	31034

(c) If the individual's application is approved, recommend	31035
to the departments of mental retardation and developmental	31036
disabilities and job and family services the services that should	31037
be included in the individual's individualized service plan and,	31038
if either department reduces, denies, or terminates a service	31039
included in the individual's individualized service plan under	31040
section 5111.871 of the Revised Code because of the county board's	31041
recommendation, present, with the department that made the	31042
reduction, denial, or termination, the reasons for the	31043
recommendation and reduction, denial, or termination at a hearing	31044
under section 5101.35 of the Revised Code.	31045

(2) In accordance with the rules adopted under section	31046
5126.047 of the Revised Code, perform the county board's duties	31047
under that section regarding assisting the individual's right to	31048
choose a qualified and willing provider of the services and, at a	31049
hearing under section 5101.35 of the Revised Code, present	31050
evidence of the process for appropriate assistance in choosing	31051
providers;	31052

(3) Unless the county board provides the services under	31053
division (A)(4) of this section, contract with the person or	31054
government entity the individual chooses in accordance with	31055
section 5126.047 of the Revised Code to provide the services if	31056
the person or government entity is qualified and agrees to provide	31057
the services. The contract shall require the provider to agree to	31058
furnish, in accordance with the provider's medicaid provider	31059
agreement and for the authorized reimbursement rate, the services	31060
the individual requires.	31061

(4) If the county board is accredited under section	31062
5126.081 of the Revised Code to provide the services and agrees to	31063
provide the services to the individual and the individual chooses	31064
the county board to provide the services, furnish, in accordance	31065
with the county board's medicaid provider agreement and for the	31066
authorized reimbursement rate, the services the individual	31067
requires;	31068

(5) Monitor the services provided to the individual and	31069
ensure the individual's health, safety, and welfare. The	31070
monitoring shall include quality assurance activities. If the	31071
county board provides the services, the department of mental	31072
retardation and developmental disabilities shall also monitor the	31073
services.	31074

(B) Except as provided in division (G) of this section, a	31075
county board with an approved plan under section 5123.046 of the	31076
Revised Code has local administrative authority to do all of the	31077
following for an individual with mental retardation or other	31078
developmental disability who resides in the county that the county	31079
board serves and seeks or receives medicaid case management	31080
services or habilitation center services, other than habilitation	31081
center services for which a school district is required by	31082
division (E) of section 5111.041 of the Revised Code to pay the	31083
nonfederal share:	31084

(1) Perform assessments and evaluations of the individual	31085
for the purpose of recommending to the departments of mental	31086
retardation and developmental disabilities and job and family	31087
services the services that should be included in the individual's	31088
individualized service plan;	31089

(2) If the department of mental retardation and	31090
developmental disabilities or department of job and family	31091
services reduces, denies, or terminates a service included in the	31092
individual's individualized service plan under section 5111.041 or	31093
5111.042 of the Revised Code because of the county board's	31094
recommendation under division (B)(1) of this section, present,	31095
with the department that made the reduction, denial, or	31096
termination, the reasons for the recommendation and reduction,	31097
denial, or termination at a hearing under section 5101.35 of the	31098
Revised Code and inform the individual that the individual may	31099
file a complaint with the county board under section 5126.06 of	31100
the Revised Code at the same time the individual pursues an appeal	31101
under section 5101.35 of the Revised Code;	31102

(3) In accordance with rules the departments of mental	31103
retardation and developmental disabilities and job and family	31104
services shall adopt in accordance with Chapter 119. of the	31105
Revised Code governing the process for individuals to choose	31106
providers of medicaid case management services and habilitation	31107
center services, assist the individual in choosing the provider of	31108
the services. The rules shall provide for both of the following:	31109

(a) The county board providing the individual up-to-date	31110
information about qualified providers that the department of	31111
mental retardation and developmental disabilities shall make	31112
available to the county board;	31113

(b) If the individual chooses a provider who is qualified	31114
and willing to provide the services but is denied that provider,	31115
the individual receiving timely notice that the individual may	31116
request a hearing under section 5101.35 of the Revised Code and,	31117
at the hearing, the county board presenting evidence of the	31118
process for appropriate assistance in choosing providers.	31119

(4) Unless the county board provides the services under	31120
division (B)(5) of this section, contract with the person or	31121
government entity that the individual chooses in accordance with	31122
the rules adopted under division (B)(3) of this section to provide	31123
the services if the person or government entity is qualified and	31124
agrees to provide the services. The contract shall require the	31125
provider to agree to furnish, in accordance with the provider's	31126
medicaid provider agreement and for the authorized reimbursement	31127
rate, the services the individual requires.	31128

(5) If the county board is accredited under section	31129
5126.081 of the Revised Code to provide the services and agrees to	31130
provide the services to the individual and the individual chooses	31131
the county board to provide the services, furnish, in accordance	31132
with the county board's medicaid provider agreement and for the	31133
authorized reimbursement rate, the services the individual	31134
requires;	31135

(6) Monitor the services provided to the individual. The	31136
monitoring shall include quality assurance activities. If the	31137
county board provides the services, the department of mental	31138
retardation and developmental disabilities shall also monitor the	31139
services.	31140

(C) A county board shall perform its local administrative	31141
authority under this section in accordance with all of the	31142
following:	31143

(1) The county board's plan that the department of mental	31144
retardation and developmental disabilities approves under section	31145
5123.046 of the Revised Code;	31146

(2) All applicable federal and state laws;

31147

(3) All applicable policies of the departments of mental	31148
retardation and developmental disabilities and job and family	31149
services and the United States department of health and human	31150
services;	31151

(4) The department of job and family services' supervision	31152
under its authority under section 5111.01 of the Revised Code to	31153
act as the single state medicaid agency;	31154

(5) The department of mental retardation and developmental	31155
disabilities' oversight.	31156

(D) The departments of mental retardation and developmental	31157
disabilities and job and family services shall communicate with	31158
and provide training to county boards regarding local	31159
administrative authority granted by this section. The	31160
communication and training shall include issues regarding audit	31161
protocols and other standards established by the United States	31162
department of health and human services that the departments	31163
determine appropriate for communication and training. County	31164
boards shall participate in the training. The departments shall	31165
assess the county board's compliance against uniform standards	31166
that the departments shall establish.	31167

(E) A county board may not delegate its local	31168
administrative authority granted under this section but may	31169
contract with a person or government entity, including a council	31170
of governments, for assistance with its local administrative	31171
authority. A county board that enters into such a contract shall	31172
notify the director of mental retardation and developmental	31173
disabilities. The notice shall include the tasks and	31174
responsibilities that the contract gives to the person or	31175
government entity. The person or government entity shall comply	31176
in full with all requirements to which the county board is subject	31177
regarding the person or government entity's tasks and	31178
responsibilities under the contract. The county remains	31179
ultimately responsible for the tasks and responsibilities.	31180

(F) A county board that has local administrative authority	31181
under this section shall, through the departments of mental	31182
retardation and developmental disabilities and job and family	31183
services, reply to, and cooperate in arranging compliance with, a	31184
program or fiscal audit or program violation exception that a	31185
state or federal audit or review discovers. The department of job	31186
and family services shall timely notify the department of mental	31187
retardation and developmental disabilities and the county board of	31188
any adverse findings. After receiving the notice, the county	31189
board, in conjunction with the department of mental retardation	31190
and developmental disabilities, shall cooperate fully with the	31191
department of job and family services and timely prepare and send	31192
to the department a written plan of correction or response to the	31193
adverse findings. The county board is liable for any adverse	31194
findings that result from an action it takes or fails to take in	31195
its implementation of local administrative authority.	31196

(G)(1) If the department of mental retardation and	31197
developmental disabilities or department of job and family	31198
services determines that a county board's implementation of its	31199
local administrative authority under this section is deficient,	31200
the department that makes the determination shall require that	31201
county board do the following:	31202

(a) If the deficiency affects the health, safety, or	31203
welfare of an individual with mental retardation or other	31204
developmental disability, correct the deficiency within	31205
twenty-four hours;	31206

(b) If the deficiency does not affect the health, safety,	31207
or welfare of an individual with mental retardation or other	31208
developmental disability, submit a plan of correction to the	31209
department that is acceptable to the department within sixty days	31210
and correct the deficiency within the time required by the plan of	31211
correction.	31212

(2) If the county board fails to correct a deficiency	31213
within the time required by division (G)(1) of this section to the	31214
satisfaction of the department, or submit an acceptable plan of	31215
correction within the time required by division (G)(1)(b) of this	31216
section, the department shall do one of the following until the	31217
county board's local administrative authority is restored under	31218
division (G)(3) of this section:	31219

(a) Assign the county board's local administrative authority	31220
to one or more other county boards or a regional council	31221
established under section 5126.13 of the Revised Code;	31222

(b) Contract with a person or government entity that	31223
provides management services but not medicaid-funded services to	31224
perform the local administrative authority.	31225

(3) If the department takes action under division (G)(2) of	31226
this section, the department of mental retardation and	31227
developmental disabilities shall closely monitor all aspects of	31228
the county board's implementation of a plan of correction. The	31229
department shall restore the county board's local administrative	31230
authority when the department is satisfied that the county board	31231
has successfully implemented all parts of the plan of correction	31232
and is capable of adhering to medicaid standards.	31233

Sec. 5126.056. (A) A county board of mental retardation and	31234
developmental disabilities that has local administrative authority	31235
under division (A) of section 5126.055 of the Revised Code for	31236
home or community-based services shall pay the nonfederal share of	31237
medicaid expenditures for such services provided to an individual	31238
with mental retardation or other developmental disability who the	31239
county board determines under section 5126.041 of the Revised Code	31240
is eligible for county board services.	31241

A county board that has local administrative authority under	31242
division (B) of section 5126.055 of the Revised Code for medicaid	31243
case management services shall pay the nonfederal share of	31244
medicaid expenditures for such services provided to an individual	31245
with mental retardation or other developmental disability who the	31246
county board determines under section 5126.041 of the Revised Code	31247
is eligible for county board services unless division (B)(2) of	31248
section 5123.047 of the Revised Code requires the department of	31249
mental retardation and developmental disabilities to pay the	31250
nonfederal share.	31251

A county board shall pay the nonfederal share of medicaid	31252
expenditures for habilitation center services when required to do	31253
so by division (D) of section 5111.041 of the Revised Code.	31254

(B) A county board may use the following funds to pay the	31255
nonfederal share of the services that the county board is required	31256
by division (A) of this section to pay:	31257

(1) To the extent consistent with the levy that generated	31258
the taxes, the following taxes:	31259

(a) Taxes levied pursuant to division (L) of section 5705.19	31260
of the Revised Code and section 5705.222 of the Revised Code;	31261

(b) Taxes levied under section 5705.191 of the Revised Code	31262
that the board of county commissioners allocates to the county	31263
board to pay the nonfederal share of the services.	31264

(2) Funds that the department of mental retardation and	31265
developmental disabilities distributes to the county board under	31266
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	31267
Revised Code;	31268

(3) Funds that the department allocates to the county board	31269
for habilitation center services provided under section 5111.041	31270
of the Revised Code;	31271

(4) Earned federal revenue funds the county board receives	31272
for medicaid services the county board provides pursuant to the	31273
county board's valid medicaid provider agreement.	31274

(C) If by December 31, 2001, the United States secretary of	31275
health and human services allows for at least five hundred	31276
additional individuals to receive home or community-based	31277
services, each county board shall provide, by the last day of each	31278
calendar year, assurances to the department of mental retardation	31279
and developmental disabilities that the county board will have the	31280
following amount available to pay the nonfederal share of the	31281
services that the county board is required by division (A) of this	31282
section to pay:	31283

(1) For calendar year 2003, at least one-third of the value	31284
of one-half, effective mill levied in the county the preceding	31285
year;	31286

(2) For calendar year 2004, at least two-thirds of the	31287
value of one-half, effective mill levied in the county the	31288
preceding year;	31289

(3) For calendar year 2005 and each calendar year	31290
thereafter, at least the value of one-half, effective mill levied	31291
in the county the preceding year.	31292

(D) Each year, each county board shall adopt a resolution	31293
specifying the amount of funds it will use in the next year to pay	31294
the nonfederal share of the services that the county board is	31295
required by division (A) of this section to pay. The amount	31296
specified shall be adequate to assure that the services will be	31297
available in the county in a manner that conforms to all	31298
applicable state and federal laws. A county board shall state in	31299
its resolution that the payment of the nonfederal share represents	31300
an ongoing financial commitment of the county board. A county	31301
board shall adopt the resolution in time for the county auditor to	31302
make the determination required by division (E) of this section.	31303

(E) Each year, a county auditor shall determine whether the	31304
amount of funds a county board specifies in the resolution it	31305
adopts under division (D) of this section will be available in the	31306
following year for the county board to pay the nonfederal share of	31307
the services that the county board is required by division (A) of	31308
this section to pay. The county auditor shall make the	31309
determination not later than the last day of the year before the	31310
year in which the funds are to be used.	31311

Sec. 5126.12.  (A) As used in this section:

31312

(1) "Approved school age unit class" means a class or unit	31313
operated by a county board of mental retardation and developmental	31314
disabilities and approved funded by the state board department of	31315
education under division (D) of section 3317.05 3317.20 of the	31316
Revised Code.	31317

(2) "Approved preschool unit" means a class or unit operated	31318
by a county board of mental retardation and developmental	31319
disabilities and approved by the state board of education under	31320
division (B) of section 3317.05 of the Revised Code.	31321

(3) "Active treatment" means a continuous treatment program,	31322
which includes aggressive, consistent implementation of a program	31323
of specialized and generic training, treatment, health services,	31324
and related services, that is directed toward the acquisition of	31325
behaviors necessary for an individual with mental retardation or	31326
other developmental disability to function with as much	31327
self-determination and independence as possible and toward the	31328
prevention of deceleration, regression, or loss of current optimal	31329
functional status.	31330

(4) "Eligible for active treatment" means that an individual	31331
with mental retardation or other developmental disability resides	31332
in an intermediate care facility for the mentally retarded	31333
certified under Title XIX of the "Social Security Act," 49 Stat.	31334
620 (1935), 42 U.S.C. 301, as amended; resides in a state	31335
institution operated by the department of mental retardation and	31336
developmental disabilities; or is enrolled in a home and	31337
community-based services waiver program administered by the	31338
department of mental retardation and developmental disabilities as	31339
part of the medical assistance program established under section	31340
5111.01 of the Revised Code.	31341

(5) "Community alternative funding system" means the program	31342
under which habilitation center services are reimbursed under the	31343
medical assistance medicaid program pursuant to section 5111.041	31344
of the Revised Code and rules adopted under that section.	31345

(6) "Community employment program" means community employment	31346
services provided outside of a sheltered workshop setting under	31347
which the person earns competitive wages for the performance of	31348
work.	31349

(7) "Traditional adult services" means vocational and	31350
nonvocational activities conducted within a sheltered workshop or	31351
adult activity center or supportive home services.	31352

(B) Each county board of mental retardation and	31353
developmental disabilities shall certify to the director of mental	31354
retardation and developmental disabilities all of the following:	31355

(1) On or before the fifteenth day of October, the average	31356
daily membership for the first full week of programs and services	31357
during October receiving:	31358

(a) Early childhood services provided pursuant to section	31359
5126.05 of the Revised Code for children who are less than three	31360
years of age on the thirtieth day of September of the academic	31361
year;	31362

(b) Special education for handicapped children in approved	31363
school age units classes;	31364

(c) Adult services for persons sixteen years of age and	31365
older operated pursuant to section 5126.05 and division (B) of	31366
section 5126.051 of the Revised Code. Separate counts shall be	31367
made for the following:	31368

(i) Persons enrolled in traditional adult services who are	31369
eligible for but not enrolled in active treatment under the	31370
community alternative funding system;	31371

(ii) Persons enrolled in traditional adult services who are	31372
eligible for and enrolled in active treatment under the community	31373
alternative funding system;	31374

(iii) Persons enrolled in traditional adult services but who	31375
are not eligible for active treatment under the community	31376
alternative funding system;	31377

(iv) Persons participating in community employment services.	31378
To be counted as participating in community employment services, a	31379
person must have spent an average of no less than ten hours per	31380
week in that employment during the preceding six months.	31381

(d) Other programs in the county for individuals with mental	31382
retardation and developmental disabilities that have been approved	31383
for payment of subsidy by the department of mental retardation and	31384
developmental disabilities.	31385

The membership in each such program and service in the county	31386
shall be reported on forms prescribed by the department of mental	31387
retardation and developmental disabilities.	31388

The department of mental retardation and developmental	31389
disabilities shall adopt rules defining full-time equivalent	31390
enrollees and for determining the average daily membership	31391
therefrom, except that certification of average daily membership	31392
in approved school age units classes shall be in accordance with	31393
rules adopted by the state board of education. The average daily	31394
membership figure shall be determined by dividing the amount	31395
representing the sum of the number of enrollees in each program or	31396
service in the week for which the certification is made by the	31397
number of days the program or service was offered in that week. No	31398
enrollee may be counted in average daily membership for more than	31399
one program or service.	31400

(2) By the fifteenth day of December, the number of children	31401
enrolled in approved preschool units on the first day of December;	31402

(3) On or before the thirtieth day of March, an itemized	31403
report of all income and operating expenditures for the	31404
immediately preceding calendar year, in the format specified by	31405
the department of mental retardation and developmental	31406
disabilities;	31407

(4) By the fifteenth day of February, a report of the total	31408
annual cost per enrollee for operation of programs and services in	31409
the preceding calendar year. The report shall include a grand	31410
total of all programs operated, the cost of the individual	31411
programs, and the sources of funds applied to each program.	31412

(5) That each required certification and report is in	31413
accordance with rules established by the department of mental	31414
retardation and developmental disabilities and the state board of	31415
education for the operation and subsidization of the programs and	31416
services.	31417

(C) To compute payments under this section to the board for	31418
the fiscal year, the department of mental retardation and	31419
developmental disabilities shall use the certification of average	31420
daily membership required by division (B)(1) of this section	31421
exclusive of the average daily membership in any approved school	31422
age unit class and the number in any approved preschool unit.	31423

(D) The department shall pay each county board for each	31424
fiscal year an amount equal to nine hundred fifty dollars times	31425
the certified number of persons who on the first day of December	31426
of the academic year are under three years of age and are not in	31427
an approved preschool unit. For persons who are at least age	31428
sixteen and are not in an approved school age unit class, the	31429
department shall pay each county board for each fiscal year the	31430
following amounts:	31431

(1) One thousand dollars times the certified average daily	31432
membership of persons enrolled in traditional adult services who	31433
are eligible for but not enrolled in active treatment under the	31434
community alternative funding system;	31435

(2) One thousand two hundred dollars times the certified	31436
average daily membership of persons enrolled in traditional adult	31437
services who are eligible for and enrolled in active treatment	31438
under the community alternative funding system;	31439

(3) No less than one thousand five hundred dollars times the	31440
certified average daily membership of persons enrolled in	31441
traditional adult services but who are not eligible for active	31442
treatment under the community alternative funding system;	31443

(4) No less than one thousand five hundred dollars times the	31444
certified average daily membership of persons participating in	31445
community employment services.	31446

(E) The department shall distribute this subsidy to county	31447
boards in semiannual installments of equal amounts. The	31448
installments shall be made not later than the thirty-first day of	31449
August and the thirty-first day of January.	31450

(F) The director of mental retardation and developmental	31451
disabilities shall make efforts to obtain increases in the	31452
subsidies for early childhood services and adult services so that	31453
the amount of the subsidies is equal to at least fifty per cent of	31454
the statewide average cost of those services minus any applicable	31455
federal reimbursements for those services. The director shall	31456
advise the director of budget and management of the need for any	31457
such increases when submitting the biennial appropriations request	31458
for the department.	31459

(G) In determining the reimbursement of a county board for	31460
the provision of case management and family support services and	31461
other services required or approved by the director for which	31462
children three through twenty-one years of age are eligible, the	31463
department shall include the average daily membership in approved	31464
school age or preschool units. The department, in accordance with	31465
this section and upon receipt and approval of the certification	31466
required by this section and any other information it requires to	31467
enable it to determine a board's payments, shall pay the agency	31468
providing the specialized training the amounts payable under this	31469
section.	31470

Sec. 5126.18.  (A) The department of mental retardation and	31471
developmental disabilities may pay to each county board of mental	31472
retardation and developmental disabilities whose hypothetical	31473
local revenue per enrollee is less than the hypothetical statewide	31474
average revenue per enrollee the amount computed under division	31475
(B) of this section. The department may make the payment to a	31476
county board only if the plan the county board develops under	31477
section 5126.054 of the Revised Code is approved under section	31478
5123.046 of the Revised Code. If this section is implemented in	31479
any year, payments shall be made on or before the thirtieth day of	31480
September.	31481

(B) Except as provided in division (C) of this section, the	31482
amount to be paid to a county board shall be equal to the	31483
following:	31484

(1) If the county board's effective tax rate is equal to or	31485
greater than one mill, the product obtained by multiplying the	31486
following two quantities:	31487

(a) The amount by which the hypothetical statewide average	31488
revenue per enrollee exceeds the county board's hypothetical local	31489
revenue per enrollee;	31490

(b) The county board's infant and adult enrollment.

31491

(2) If the county board's effective tax rate is less than	31492
one mill, the product obtained by multiplying the following three	31493
quantities:	31494

(a) The amount by which the hypothetical statewide average	31495
revenue per enrollee exceeds the county board's hypothetical local	31496
revenue per enrollee;	31497

(b) The county board's infant and adult enrollment;

31498

(c) The quotient obtained by dividing the county board's	31499
effective tax rate by one mill.	31500

(C)(1) For each individual who is enrolled in active	31501
treatment under the community alternative funding system as	31502
defined in section 5126.12 of the Revised Code, the department may	31503
reduce the portion of the payment made under this section for that	31504
individual by fifty per cent or less.	31505

(2) If, in any year, an appropriation by the general	31506
assembly to the department for purposes of this section is less	31507
than the total amount required to make, in full, the payments as	31508
determined under and authorized by this section, the department	31509
shall pay each county board the same percentage of the board's	31510
payment as determined under this section without regard to this	31511
division that the amount of the appropriation available for	31512
purposes of this section is of the total amount of payments as	31513
determined under this section without regard to this division.	31514

(3) Payments made to a county board pursuant to this section	31515
shall not exceed thirty per cent of the payments made to that	31516
board pursuant to section 5126.12 of the Revised Code.	31517

(D) Payments made under this section are supplemental to all	31518
other state or federal funds for which county boards are eligible	31519
and shall be made from funds appropriated for purposes of this	31520
section. The A county board shall use the payments shall be used	31521
solely for the development and implementation of early	31522
intervention services for individuals included in the board's	31523
infant enrollment and adult services for individuals included in	31524
the board's adult enrollment to pay the nonfederal share of	31525
medicaid expenditures that division (A) of section 5126.056 of the	31526
Revised Code requires the county board to pay.	31527

(E) Each county board that receives a payment under this	31528
section shall, for each year it receives a payment, certify to the	31529
department that it will make a good faith effort to obtain	31530
revenues, including federal funds, for services to individuals	31531
included in its infant and adult enrollment.	31532

Sec. 5126.357.  (A) As used in this section:

31533

(1) "In-home care" means the supportive services provided	31534
within the home of an individual who receives funding for the	31535
services as a county board client, including any client who	31536
receives residential services funded through the medical	31537
assistance program's home and or community-based services waivers	31538
administered by the department of mental retardation and	31539
developmental disabilities, family support services provided under	31540
section 5126.11 of the Revised Code, or supported living provided	31541
in accordance with sections 5126.41 to 5126.47 of the Revised	31542
Code. "In-home care" includes care that is provided outside a	31543
client's home in places incidental to the home, and while	31544
traveling to places incidental to the home, except that "in-home	31545
care" does not include care provided in the facilities of a county	31546
board of mental retardation and developmental disabilities or care	31547
provided in schools.	31548

(2) "Parent" means either parent of a child, including an	31549
adoptive parent but not a foster parent.	31550

(3) "Unlicensed in-home care worker" means an individual who	31551
provides in-home care but is not a health care professional. A	31552
county board worker may be an unlicensed in-home care worker.	31553

(4) "Family member" means a parent, sibling, spouse, son,	31554
daughter, grandparent, aunt, uncle, cousin, or guardian of the	31555
individual with mental retardation or a developmental disability	31556
if the individual with mental retardation or developmental	31557
disabilities lives with the person and is dependent on the person	31558
to the extent that, if the supports were withdrawn, another living	31559
arrangement would have to be found.	31560

(B) Except as provided in division (D) of this section, a	31561
family member of an individual with mental retardation or a	31562
developmental disability may authorize an unlicensed in-home care	31563
worker to give or apply prescribed medication or perform other	31564
health care tasks as part of the in-home care provided to the	31565
individual, if the family member is the primary supervisor of the	31566
care and the unlicensed in-home care worker has been selected by	31567
the family member and is under the direct supervision of the	31568
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	31569
Revised Code do not apply to the in-home care authorized by a	31570
family member under this section. Instead, a family member shall	31571
obtain a prescription, if applicable, and written instructions	31572
from a health care professional for the care to be provided to the	31573
individual. The family member shall authorize the unlicensed	31574
in-home care worker to provide the care by preparing a written	31575
document granting the authority. The family member shall provide	31576
the unlicensed in-home care worker with appropriate training and	31577
written instructions in accordance with the instructions obtained	31578
from the health care professional.	31579

(C) A family member who authorizes an unlicensed in-home	31580
care worker to give or apply prescribed medication or perform	31581
other health care tasks retains full responsibility for the health	31582
and safety of the individual receiving the care and for ensuring	31583
that the worker provides the care appropriately and safely. No	31584
entity that funds or monitors the provision of in-home care may be	31585
held liable for the results of the care provided under this	31586
section by an unlicensed in-home care worker, including such	31587
entities as the county board of mental retardation and	31588
developmental disabilities, any other entity that employs an	31589
unlicensed in-home care worker, and the department of mental	31590
retardation and developmental disabilities.	31591

An unlicensed in-home care worker who is authorized under	31592
this section by a family member to provide care to an individual	31593
may not be held liable for any injury caused in providing the	31594
care, unless the worker provides the care in a manner that is not	31595
in accordance with the training and instructions received or the	31596
worker acts in a manner that constitutes wanton or reckless	31597
misconduct.	31598

(D) A county board of mental retardation and developmental	31599
disabilities may evaluate the authority granted by a family member	31600
under this section to an unlicensed in-home care worker at any	31601
time it considers necessary and shall evaluate the authority on	31602
receipt of a complaint. If the board determines that a family	31603
member has acted in a manner that is inappropriate for the health	31604
and safety of the individual receiving the services, the	31605
authorization granted by the family member to an unlicensed	31606
in-home care worker is void, and the family member may not	31607
authorize other unlicensed in-home care workers to provide the	31608
care. In making such a determination, the board shall use	31609
appropriately licensed health care professionals and shall provide	31610
the family member an opportunity to file a complaint under section	31611
5126.06 of the Revised Code.	31612

Sec. 5126.431.  (A) Pursuant to Chapter 119. of the Revised	31613
Code, the department of mental retardation and developmental	31614
disabilities shall adopt rules establishing standards and	31615
procedures for certification of persons and government entities	31616
that provide or propose to provide, under contract with the	31617
department until July 1, 1995, or with a county board of mental	31618
retardation and developmental disabilities, supported living for	31619
individuals with mental retardation or developmental disabilities.	31620
The rules shall allow a person or government entity to	31621
automatically satisfy a standard for certification under this	31622
section if the person holds a current, valid license under section	31623
5123.19 of the Revised Code to operate a residential facility and	31624
had to satisfy the standard to obtain the residential facility	31625
license.	31626

(B) Pursuant to Chapter 119. of the Revised Code, the	31627
department shall adopt rules establishing quality assurance	31628
standards for supported living provided to individuals by	31629
providers certified under this section.	31630

(C) The rules adopted under this section shall include the	31631
following:	31632

(1) Procedures for ensuring that providers comply with	31633
section 5126.281 of the Revised Code;	31634

(2) Methods of evaluating the services provided and	31635
protecting the due process rights of any individual or entity	31636
affected by an evaluation or decision made pursuant to this	31637
section;	31638

(3) Procedures for revoking certification.

31639

(D)(1) Providers shall be evaluated to ensure that services	31640
are provided in a quality manner advantageous to the individual	31641
receiving the services. When evaluations are conducted, the	31642
following shall be considered:	31643

(a) The provider's experience and financial responsibility;

31644

(b) The ability to comply with program standards for	31645
supported living;	31646

(c) The ability to meet the needs of the individuals served;

31647

(d) The ability to work cooperatively with the department,	31648
county boards, and other providers;	31649

(e) Any other factor considered relevant.

31650

(2) The records of evaluations conducted under this section	31651
are public records for purposes of section 149.43 of the Revised	31652
Code and shall be made available on request of any person,	31653
including individuals being served, individuals seeking supported	31654
living, and county boards.	31655

(E) The department shall certify providers in accordance	31656
with the rules adopted under this section. The department may	31657
revoke a provider's certification for good cause, including	31658
misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect,	31659
financial irresponsibility, or other conduct the department	31660
determines is injurious to individuals being served.	31661

Sec. 5139.01.  (A) As used in this chapter:

31662

(1) "Commitment" means the transfer of the physical custody	31663
of a child or youth from the court to the department of youth	31664
services.	31665

(2) "Permanent commitment" means a commitment that vests	31666
legal custody of a child in the department of youth services.	31667

(3) "Legal custody," insofar as it pertains to the status	31668
that is created when a child is permanently committed to the	31669
department of youth services, means a legal status in which the	31670
department has the following rights and responsibilities: the	31671
right to have physical possession of the child; the right and duty	31672
to train, protect, and control the child; the responsibility to	31673
provide the child with food, clothing, shelter, education, and	31674
medical care; and the right to determine where and with whom the	31675
child shall live, subject to the minimum periods of, or periods	31676
of, institutional care prescribed in section 2151.355 of the	31677
Revised Code; provided, that these rights and responsibilities are	31678
exercised subject to the powers, rights, duties, and	31679
responsibilities of the guardian of the person of the child, and	31680
subject to any residual parental rights and responsibilities.	31681

(4) Unless the context requires a different meaning,	31682
"institution" means a state facility that is created by the	31683
general assembly and that is under the management and control of	31684
the department of youth services or a private entity with which	31685
the department has contracted for the institutional care and	31686
custody of felony delinquents.	31687

(5) "Full-time care" means care for twenty-four hours a day	31688
for over a period of at least two consecutive weeks.	31689

(6) "Placement" means the conditional release of a child	31690
under the terms and conditions that are specified by the	31691
department of youth services. The department shall retain legal	31692
custody of a child released pursuant to division (C) of section	31693
2151.38 of the Revised Code or division (C) of section 5139.06 of	31694
the Revised Code until the time that it discharges the child or	31695
until the legal custody is terminated as otherwise provided by	31696
law.	31697

(7) "Home placement" means the placement of a child in the	31698
home of the child's parent or parents or in the home of the	31699
guardian of the child's person.	31700

(8) "Discharge" means that the department of youth services'	31701
legal custody of a child is terminated.	31702

(9) "Release" means the termination of a child's stay in an	31703
institution and the subsequent period during which the child	31704
returns to the community under the terms and conditions of	31705
supervised release.	31706

(10) "Delinquent child" has the same meaning as in section	31707
2151.02 of the Revised Code.	31708

(11) "Felony delinquent" means any child who is at least	31709
twelve years of age but less than eighteen years of age and who is	31710
adjudicated a delinquent child for having committed an act that if	31711
committed by an adult would be a felony. "Felony delinquent"	31712
includes any adult who is between the ages of eighteen and	31713
twenty-one and who is in the legal custody of the department of	31714
youth services for having committed an act that if committed by an	31715
adult would be a felony.	31716

(12) "Juvenile traffic offender" has the same meaning as in	31717
section 2151.021 of the Revised Code.	31718

(13) "Public safety beds" means all of the following:

31719

(a) Felony delinquents who have been committed to the	31720
department of youth services for the commission of an act, other	31721
than a violation of section 2911.01 or 2911.11 of the Revised	31722
Code, that is a category one offense or a category two offense and	31723
who are in the care and custody of an institution or have been	31724
diverted from care and custody in an institution and placed in a	31725
community corrections facility;	31726

(b) Felony delinquents who, while committed to the	31727
department of youth services and in the care and custody of an	31728
institution or a community corrections facility, are adjudicated	31729
delinquent children for having committed in that institution or	31730
community corrections facility an act that if committed by an	31731
adult would be a felony;	31732

(c) Children who satisfy all of the following:

31733

(i) They are at least twelve years of age but less than	31734
eighteen years of age.	31735

(ii) They are adjudicated delinquent children for having	31736
committed acts that if committed by an adult would be a felony.	31737

(iii) They are committed to the department of youth services	31738
by the juvenile court of a county that has had one-tenth of one	31739
per cent or less of the statewide adjudications for felony	31740
delinquents as averaged for the past four fiscal years.	31741

(iv) They are in the care and custody of an institution or a	31742
community corrections facility.	31743

(d) Felony delinquents who, while committed to the	31744
department of youth services and in the care and custody of an	31745
institution, commit in that institution an act that if committed	31746
by an adult would be a felony, who are serving disciplinary time	31747
for having committed that act, and who have been institutionalized	31748
or institutionalized in a secure facility for the minimum period	31749
of time specified in division (A)(4) or (5) of section 2151.355 of	31750
the Revised Code.	31751

(e) Felony delinquents who are subject to and serving a	31752
three-year period of commitment order imposed by a juvenile court	31753
pursuant to division (A)(7) of section 2151.355 of the Revised	31754
Code for an act, other than a violation of section 2911.11 of the	31755
Revised Code, that would be a category one offense or category two	31756
offense if committed by an adult.	31757

(f) Felony delinquents who are described in divisions	31758
(A)(13)(a) to (e) of this section, who have been granted a	31759
judicial release under division (B) of section 2151.38 of the	31760
Revised Code or an early release under division (C) of that	31761
section from the commitment to the department of youth services	31762
for the act described in divisions (A)(13)(a) to (e) of this	31763
section, who have violated the terms and conditions of that	31764
judicial release or early release, and who, pursuant to an order	31765
of the court of the county in which the particular felony	31766
delinquent was placed on release that is issued pursuant to	31767
division (D) of section 2151.38 of the Revised Code, have been	31768
returned to the department for institutionalization or	31769
institutionalization in a secure facility.	31770

(g) Felony delinquents who have been committed to the	31771
custody of the department of youth services, who have been granted	31772
supervised release from the commitment pursuant to section 5139.51	31773
of the Revised Code, who have violated the terms and conditions of	31774
that supervised release, and who, pursuant to an order of the	31775
court of the county in which the particular child was placed on	31776
supervised release issued pursuant to division (F) of section	31777
5139.52 of the Revised Code, have had the supervised release	31778
revoked and have been returned to the department for	31779
institutionalization. A felony delinquent described in this	31780
division shall be a public safety bed only for the time during	31781
which the felony delinquent is institutionalized as a result of	31782
the revocation subsequent to the initial thirty-day period of	31783
institutionalization required by division (F) of section 5139.52	31784
of the Revised Code.	31785

(14) "State target youth" means twenty-five per cent of the	31786
projected total number of felony delinquents for each year of a	31787
biennium, factoring in revocations and recommitments.	31788

(15) Unless the context requires a different meaning,	31789
"community corrections facility" means a county or multicounty	31790
rehabilitation center for felony delinquents who have been	31791
committed to the department of youth services and diverted from	31792
care and custody in an institution and placed in the	31793
rehabilitation center pursuant to division (E) of section 5139.36	31794
of the Revised Code.	31795

(16) "Secure facility" means any facility that is designed	31796
and operated to ensure that all of its entrances and exits are	31797
under the exclusive control of its staff and to ensure that,	31798
because of that exclusive control, no child who has been	31799
institutionalized in the facility may leave the facility without	31800
permission or supervision.	31801

(17) "Community residential program" means a program that	31802
satisfies both of the following:	31803

(a) It is housed in a building or other structure that has	31804
no associated major restraining construction, including, but not	31805
limited to, a security fence.	31806

(b) It provides twenty-four-hour care, supervision, and	31807
programs for felony delinquents who are in residence.	31808

(18) "Category one offense" and "category two offense" have	31809
the same meanings as in section 2151.26 of the Revised Code.	31810

(19) "Disciplinary time" means additional time that the	31811
department of youth services requires a felony delinquent to serve	31812
in an institution, that delays the felony delinquent's planned	31813
release, and that the department imposes upon the felony	31814
delinquent following the conduct of an internal due process	31815
hearing for having committed any of the following acts while	31816
committed to the department and in the care and custody of an	31817
institution:	31818

(a) An act that if committed by an adult would be a felony;

31819

(b) An act that if committed by an adult would be a	31820
misdemeanor;	31821

(c) An act that is not described in division (A)(19)(a) or	31822
(b) of this section and that violates an institutional rule of	31823
conduct of the department.	31824

(20) "Unruly child" has the same meaning as in section	31825
2151.022 of the Revised Code.	31826

(21) "Revocation" means the act of revoking a child's	31827
supervised release for a violation of a term or condition of the	31828
child's supervised release in accordance with section 5139.52 of	31829
the Revised Code.	31830

(22) "Release authority" means the release authority of the	31831
department of youth services that is established by section	31832
5139.50 of the Revised Code.	31833

(23) "Supervised release" means the event of the release of a	31834
child under this chapter from an institution and the period after	31835
that release during which the child is supervised and assisted by	31836
an employee of the department of youth services under specific	31837
terms and conditions for reintegration of the child into the	31838
community.	31839

(24) "Victim" means the person identified in a police report,	31840
complaint, or information as the victim of an act that would have	31841
been a criminal offense if committed by an adult and that provided	31842
the basis for adjudication proceedings resulting in a child's	31843
commitment to the legal custody of the department of youth	31844
services.	31845

(25) "Victim's representative" means a member of the victim's	31846
family or another person whom the victim or another authorized	31847
person designates in writing, pursuant to section 5139.56 of the	31848
Revised Code, to represent the victim with respect to proceedings	31849
of the release authority of the department of youth services and	31850
with respect to other matters specified in that section.	31851

(26) "Member of the victim's family" means a spouse, child,	31852
stepchild, sibling, parent, stepparent, grandparent, other	31853
relative, or legal guardian of a child but does not include a	31854
person charged with, convicted of, or adjudicated a delinquent	31855
child for committing a criminal or delinquent act against the	31856
victim or another criminal or delinquent act arising out of the	31857
same conduct, criminal or delinquent episode, or plan as the	31858
criminal or delinquent act committed against the victim.	31859

(27) "Judicial release" means a release of a child from	31860
institutional care or institutional care in a secure facility that	31861
is granted by a court pursuant to division (B) of section 2151.38	31862
of the Revised Code during the period specified in that division.	31863

(28) "Early release" means a release of a child from	31864
institutional care or institutional care in a secure facility that	31865
is granted by a court pursuant to division (C) of section 2151.38	31866
of the Revised Code during the period specified in that division.	31867

(29) "Comprehensive plan" means a document that coordinates,	31868
evaluates, and otherwise assists, on an annual or multi-year	31869
basis, all of the functions of the criminal and juvenile justice	31870
systems of the state or a specified area of the state, that	31871
conforms to the priorities of the state with respect to criminal	31872
and juvenile justice systems, and that conforms with the	31873
requirements of all federal criminal justice acts. These	31874
functions include, but are not limited to, all of the following:	31875

(a) Crime and delinquency prevention;

31876

(b) Identification, detection, apprehension, and detention	31877
of persons charged with criminal offenses or delinquent acts;	31878

(c) Assistance to crime victims or witnesses, except that	31879
the comprehensive plan does not include the functions of the	31880
attorney general pursuant to sections 109.91 and 109.92 of the	31881
Revised Code;	31882

(d) Adjudication or diversion of persons charged with	31883
criminal offenses or delinquent acts;	31884

(e) Custodial treatment of criminal offenders and delinquent	31885
children;	31886

(f) Institutional and noninstitutional rehabilitation of	31887
criminal offenders and delinquent children.	31888

(30) "Administrative planning district," "criminal justice	31889
coordinating council," "juvenile justice system," and	31890
"metropolitan county criminal justice services agency" have the	31891
same meanings as in section 181.51 of the Revised Code.	31892

(B) There is hereby created the department of youth	31893
services. The governor shall appoint the director of the	31894
department with the advice and consent of the senate. The	31895
director shall hold office during the term of the appointing	31896
governor but subject to removal at the pleasure of the governor.	31897
Except as otherwise authorized in section 108.05 of the Revised	31898
Code, the director shall devote the director's entire time to the	31899
duties of the director's office and shall hold no other office or	31900
position of trust or profit during the director's term of office.	31901

The director is the chief executive and administrative	31902
officer of the department and has all the powers of a department	31903
head set forth in Chapter 121. of the Revised Code. The director	31904
may adopt rules for the government of the department, the conduct	31905
of its officers and employees, the performance of its business,	31906
and the custody, use, and preservation of the department's	31907
records, papers, books, documents, and property. The director	31908
shall be an appointing authority within the meaning of Chapter	31909
124. of the Revised Code. Whenever this or any other chapter or	31910
section of the Revised Code imposes a duty on or requires an	31911
action of the department, the duty or action shall be performed by	31912
the director or, upon the director's order, in the name of the	31913
department.	31914

Sec. 5139.11.  The department of youth services shall do all	31915
of the following:	31916

(A) Through a program of education, promotion, and	31917
organization, form groups of local citizens and assist these	31918
groups in conducting activities aimed at the prevention and	31919
control of juvenile delinquency, making use of local people and	31920
resources for the following purposes:	31921

(1) Combatting local conditions known to contribute to	31922
juvenile delinquency;	31923

(2) Developing recreational and other programs for youth	31924
work;	31925

(3) Providing adult sponsors for delinquent children cases;

31926

(4) Dealing with other related problems of the locality;

31927

(B) Advise local, state, and federal officials, public and	31928
private agencies, and lay groups on the needs for and possible	31929
methods of the reduction and prevention of juvenile delinquency	31930
and the treatment of delinquent children;	31931

(C) Consult with the schools and courts of this state on the	31932
development of programs for the reduction and prevention of	31933
delinquency and the treatment of delinquents;	31934

(D) Cooperate with other agencies whose services deal with	31935
the care and treatment of delinquent children to the end that	31936
delinquent children who are state wards may be assisted whenever	31937
possible to a successful adjustment outside of institutional care;	31938

(E) Cooperate with other agencies in surveying, developing,	31939
and utilizing the recreational resources of a community as a means	31940
of combatting the problem of juvenile delinquency and effectuating	31941
rehabilitation;	31942

(F) Hold district and state conferences from time to time in	31943
order to acquaint the public with current problems of juvenile	31944
delinquency and develop a sense of civic responsibility toward the	31945
prevention of juvenile delinquency;	31946

(G) Assemble and distribute information relating to juvenile	31947
delinquency and report on studies relating to community conditions	31948
that affect the problem of juvenile delinquency;	31949

(H) Assist any community within the state by conducting a	31950
comprehensive survey of the community's available public and	31951
private resources, and recommend methods of establishing a	31952
community program for combatting juvenile delinquency and crime,	31953
but no survey of that type shall be conducted unless local	31954
individuals and groups request it through their local authorities,	31955
and no request of that type shall be interpreted as binding the	31956
community to following the recommendations made as a result of the	31957
request;	31958

(I) Evaluate the rehabilitation of children committed to the	31959
department and prepare and submit periodic reports to the	31960
committing court for the following purposes:	31961

(1) Evaluating the effectiveness of institutional treatment;

31962

(2) Making recommendations for early release where	31963
appropriate and recommending terms and conditions for release;	31964

(3) Reviewing the placement of children and recommending	31965
alternative placements where appropriate.	31966

(J) Coordinate dates for hearings to be conducted under	31967
section 2151.38 of the Revised Code and assist in the transfer and	31968
release of children from institutionalization to the custody of	31969
the committing court;	31970

(K)(1) Coordinate and assist juvenile justice systems by	31971
doing the following:	31972

(a) Performing juvenile justice system planning in the state,	31973
including any planning that is required by any federal law;	31974

(b) Collecting, analyzing, and correlating information and	31975
data concerning the juvenile justice system in the state;	31976

(c) Cooperating with and providing technical assistance to	31977
state departments, administrative planning districts, metropolitan	31978
county criminal justice services agencies, criminal justice	31979
coordinating councils, and agencies, offices, and departments of	31980
the juvenile justice system in the state, and other appropriate	31981
organizations and persons;	31982

(d) Encouraging and assisting agencies, offices, and	31983
departments of the juvenile justice system in the state and other	31984
appropriate organizations and persons to solve problems that	31985
relate to the duties of the department;	31986

(e) Administering within the state any juvenile justice acts	31987
that the governor requires the department to administer;	31988

(f) Implementing the state comprehensive plans;

31989

(g) Auditing grant activities of agencies, offices,	31990
organizations, and persons that are financed in whole or in part	31991
by funds granted through the department;	31992

(h) Monitoring or evaluating the performance of juvenile	31993
justice system projects and programs in the state that are	31994
financed in whole or in part by funds granted through the	31995
department;	31996

(i) Applying for, allocating, disbursing, and accounting for	31997
grants that are made available pursuant to federal juvenile	31998
justice acts, or made available from other federal, state, or	31999
private sources, to improve the criminal and juvenile justice	32000
systems in the state. All money from federal juvenile justice act	32001
grants shall, if the terms under which the money is received	32002
require that the money be deposited into an interest bearing fund	32003
or account, be deposited in the state treasury to the credit of	32004
the federal juvenile justice program purposes fund, which is	32005
hereby created. All investment earnings shall be credited to the	32006
fund.	32007

(j) Contracting with federal, state, and local agencies,	32008
foundations, corporations, businesses, and persons when necessary	32009
to carry out the duties of the department;	32010

(k) Overseeing the activities of metropolitan county	32011
criminal justice services agencies, administrative planning	32012
districts, and juvenile justice coordinating councils in the	32013
state;	32014

(l) Advising the general assembly and governor on	32015
legislation and other significant matters that pertain to the	32016
improvement and reform of the juvenile justice system in the	32017
state;	32018

(m) Preparing and recommending legislation to the general	32019
assembly and governor for the improvement of the juvenile justice	32020
system in the state;	32021

(n) Assisting, advising, and making any reports that are	32022
required by the governor, attorney general, or general assembly.	32023

(2) Division (K)(1) of this section does not limit the	32024
discretion or authority of the attorney general with respect to	32025
crime victim assistance and criminal and juvenile justice	32026
programs.	32027

(3) Nothing in division (K)(1) of this section is intended	32028
to diminish or alter the status of the office of the attorney	32029
general as a criminal justice services agency.	32030

Sec. 5139.31.  The department of youth services may inspect	32031
any school, forestry camp, district detention home, or other	32032
facility for which an application for financial assistance has	32033
been made to the department under section 2151.341, 2151.3416,	32034
2151.651, or 2151.652 of the Revised Code or for which financial	32035
assistance has been granted by the department under section	32036
5139.27, 5139.271, or 5139.28, or 5139.281 of the Revised Code.	32037
The inspection may include, but need not be limited to,	32038
examination and evaluation of the physical condition of the	32039
school, forestry camp, district detention home, or other facility,	32040
including any equipment used in connection with it; observation	32041
and evaluation of the training and treatment of children admitted	32042
to it; examination and analysis and copying of any papers,	32043
records, or other documents relating to the qualifications of	32044
personnel, the commitment of children to it, and its	32045
administration.	32046

Sec. 5153.165.  If a family is encountering an emergency	32047
that could lead, or has led, to removal of a child from the	32048
family's home pursuant to Chapter 2151. of the Revised Code, the	32049
public children services agency shall determine whether the child	32050
could remain safely with, or be safely returned to, the family if	32051
the emergency were alleviated by providing assistance benefits and	32052
services under the prevention, retention, and contingency program	32053
established under Chapter 5108. of the Revised Code. If it is	32054
determined that the child could remain safely with, or be safely	32055
returned to, the family, the agency, with the cooperation of the	32056
child's family, shall determine the amount of assistance benefits	32057
and services necessary to prevent the removal of the child from	32058
the home or to permit the child's return to the home and may	32059
provide the assistance benefits and services pursuant to a plan of	32060
cooperation entered into under section 307.983 of the Revised	32061
Code.	32062

Sec. 5153.60.  The department of job and family services	32063
shall establish a statewide program that provides the training	32064
section 5153.122 of the Revised Code requires public children	32065
services agency caseworkers and supervisors to complete. The	32066
program may also provide the preplacement and continuing training	32067
described in sections 5103.039, 5103.0310, and 5103.0311 of the	32068
Revised Code that foster caregivers are required by sections	32069
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	32070
The program shall be called the "Ohio child welfare training	32071
program."	32072

Sec. 5153.69.  The training program steering committee shall	32073
monitor and evaluate the Ohio child welfare training program to	32074
ensure that the following:	32075

(A) That the Ohio child welfare training program is a	32076
competency-based training system that satisfies the training	32077
requirements for public children services agency caseworkers and	32078
supervisors under section 5153.122 of the Revised Code;	32079

(B) That, if the Ohio child welfare training program	32080
provides preplacement or continuing training for foster	32081
caregivers, it meets the same requirements that preplacement	32082
training programs and continuing training programs must meet	32083
pursuant to section 5103.038 of the Revised Code to obtain	32084
approval by the department of job and family services, except that	32085
the Ohio child welfare training program is not required to obtain	32086
department approval.	32087

Sec. 5153.78.  (A) As used in this section:

32088

(1) "Title IV-B" means Title IV-B of the "Social Security Act	32089
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	32090

(2) "Title IV-E" means Title IV-E of the "Social Security	32091
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	32092

(3) "Title XX" has the same meaning as in section 5101.46 of	32093
the Revised Code.	32094

(B) For purposes of adequately funding the Ohio child	32095
welfare training program, the department of job and family	32096
services shall may use any of the following to adequately fund the	32097
Ohio child welfare training program:	32098

(1) The federal financial participation funds withheld	32099
pursuant to division (D) of section 5101.141 of the Revised Code	32100
in an amount determined by the department;	32101

(2) Funds available under Title XX, Title IV-B, and Title	32102
IV-E to pay for training costs;	32103

(3) Any other Other available state or federal funds.

32104

Sec. 5705.091.  The board of county commissioners of each	32105
county shall establish a county mental retardation and	32106
developmental disabilities general fund. Notwithstanding sections	32107
5705.09 and 5705.10 of the Revised Code, proceeds from levies	32108
under section 5705.222 and division (L) of section 5705.19 of the	32109
Revised Code shall be deposited to the credit of the county mental	32110
retardation and developmental disabilities general fund. Accounts	32111
shall be established within the county mental retardation and	32112
developmental disabilities general fund for each of the several	32113
particular purposes of the levies as specified in the resolutions	32114
under which the levies were approved, and proceeds from different	32115
levies that were approved for the same particular purpose shall be	32116
credited to accounts for that purpose. Other money received by	32117
the county for the purposes of Chapters 3323. and 5126. of the	32118
Revised Code and not required by state or federal law to be	32119
deposited to the credit of a different fund shall also be	32120
deposited to the credit of the county mental retardation and	32121
developmental disabilities general fund, in an account appropriate	32122
to the particular purpose for which the money was received. Unless	32123
otherwise provided by law, an unexpended balance at the end of a	32124
fiscal year in any account in the county mental retardation and	32125
developmental disabilities general fund shall be appropriated the	32126
next fiscal year to the same fund.	32127

A county board of mental retardation and developmental	32128
disabilities may request, by resolution, that the board of county	32129
commissioners establish a county mental retardation and	32130
developmental disabilities capital fund for money to be used for	32131
acquisition, construction, or improvement of capital facilities or	32132
acquisition of capital equipment used in providing services to	32133
mentally retarded and developmentally disabled persons. The	32134
county board of mental retardation and developmental disabilities	32135
shall transmit a certified copy of the resolution to the board of	32136
county commissioners. Upon receiving the resolution, the board of	32137
county commissioners shall establish a county mental retardation	32138
and developmental disabilities capital fund.	32139

A county board shall request, by resolution, that the board	32140
of county commissioners establish a county MR/DD medicaid reserve	32141
fund if such fund must be established for the county board to be	32142
in compliance with the component required by division (A)(3) of	32143
section 5126.054 of the Revised Code of a county board plan	32144
approved by the department of mental retardation and developmental	32145
disabilities under section 5123.046 of the Revised Code. On	32146
receipt of the resolution, the board of county commissioners shall	32147
establish a county MR/DD medicaid reserve fund. The portion of	32148
federal revenue funds that the county board earns for providing	32149
medicaid case management services and home or community-based	32150
services that is needed for the county board to pay for	32151
extraordinary costs, including extraordinary costs for services to	32152
individuals with mental retardation or other developmental	32153
disability, and ensure the availability of adequate funds in the	32154
event a county property tax levy for services for individuals with	32155
mental retardation or other developmental disability fails shall	32156
be deposited into the fund. The county board shall use money in	32157
the fund for those purposes.	32158

Sec. 5705.41.  No subdivision or taxing unit shall:

32159

(A) Make any appropriation of money except as provided in	32160
Chapter 5705. of the Revised Code; provided, that the	32161
authorization of a bond issue shall be deemed to be an	32162
appropriation of the proceeds of the bond issue for the purpose	32163
for which such bonds were issued, but no expenditure shall be made	32164
from any bond fund until first authorized by the taxing authority;	32165

(B) Make any expenditure of money unless it has been	32166
appropriated as provided in such chapter;	32167

(C) Make any expenditure of money except by a proper warrant	32168
drawn against an appropriate fund;	32169

(D)(1) Except as otherwise provided in division (D)(2) of	32170
this section and section 5705.44 of the Revised Code, make any	32171
contract or give any order involving the expenditure of money	32172
unless there is attached thereto a certificate of the fiscal	32173
officer of the subdivision that the amount required to meet the	32174
obligation or, in the case of a continuing contract to be	32175
performed in whole or in part in an ensuing fiscal year, the	32176
amount required to meet the obligation in the fiscal year in which	32177
the contract is made, has been lawfully appropriated for such	32178
purpose and is in the treasury or in process of collection to the	32179
credit of an appropriate fund free from any previous encumbrances.	32180
This certificate need be signed only by the subdivision's fiscal	32181
officer. Every such contract made without such a certificate	32182
shall be void, and no warrant shall be issued in payment of any	32183
amount due thereon. If no certificate is furnished as required,	32184
upon receipt by the taxing authority of the subdivision or taxing	32185
unit of a certificate of the fiscal officer stating that there was	32186
at the time of the making of such contract or order and at the	32187
time of the execution of such certificate a sufficient sum	32188
appropriated for the purpose of such contract and in the treasury	32189
or in process of collection to the credit of an appropriate fund	32190
free from any previous encumbrances, such taxing authority may	32191
authorize the drawing of a warrant in payment of amounts due upon	32192
such contract, but such resolution or ordinance shall be passed	32193
within thirty days from the receipt of such certificate; provided	32194
that, if the amount involved is less than one hundred dollars in	32195
the case of counties or one thousand dollars in the case of all	32196
other subdivisions or taxing units, the fiscal officer may	32197
authorize it to be paid without such affirmation of the taxing	32198
authority of the subdivision or taxing unit, if such expenditure	32199
is otherwise valid.	32200

(2) Annually, the board of county commissioners may adopt a	32201
resolution exempting for the current fiscal year county purchases	32202
of seven hundred fifty dollars or less from the requirement of	32203
division (D)(1) of this section that a certificate be attached to	32204
any contract or order involving the expenditure of money. The	32205
resolution shall state the dollar amount that is exempted from the	32206
certificate requirement and whether the exemption applies to all	32207
purchases, to one or more specific classes of purchases, or to the	32208
purchase of one or more specific items. Prior to the adoption of	32209
the resolution, the board shall give written notice to the county	32210
auditor that it intends to adopt the resolution. The notice shall	32211
state the dollar amount that is proposed to be exempted and	32212
whether the exemption would apply to all purchases, to one or more	32213
specific classes of purchases, or to the purchase of one or more	32214
specific items. The county auditor may review and comment on the	32215
proposal, and shall send any comments to the board within fifteen	32216
days after receiving the notice. The board shall wait at least	32217
fifteen days after giving the notice to the auditor before	32218
adopting the resolution. A person authorized to make a county	32219
purchase in a county that has adopted such a resolution shall	32220
prepare and file with the county auditor, within three business	32221
days after incurring an obligation not requiring a certificate, a	32222
written document specifying the purpose and amount of the	32223
expenditure, the date of the purchase, the name of the vendor, and	32224
such additional information as the auditor of state may prescribe.	32225

(3) Upon certification by the auditor or other chief fiscal	32226
officer that a certain sum of money, not in excess of five	32227
thousand dollars, has been lawfully appropriated, authorized, or	32228
directed for a certain purpose and is in the treasury or in the	32229
process of collection to the credit of a specific line-item	32230
appropriation account in a certain fund free from previous and	32231
then outstanding obligations or certifications, then for such	32232
purpose and from such line-item appropriation account in such	32233
fund, over a period not exceeding three months and not extending	32234
beyond the end of the fiscal year, expenditures may be made,	32235
orders for payment issued, and contracts or obligations calling	32236
for or requiring the payment of money made and assumed; provided,	32237
that the aggregate sum of money included in and called for by such	32238
expenditures, orders, contracts, and obligations shall not exceed	32239
the sum so certified. Such a certification need be signed only by	32240
the fiscal officer of the subdivision or the taxing district and	32241
may, but need not, be limited to a specific vendor. An itemized	32242
statement of obligations incurred and expenditures made under such	32243
certificate shall be rendered to the auditor or other chief fiscal	32244
officer before another such certificate may be issued, and not	32245
more than one such certificate shall be outstanding at a time.	32246

In addition to providing the certification for expenditures	32247
of five thousand dollars or less as provided in this division, a	32248
subdivision also may make expenditures, issue orders for payment,	32249
and make contracts or obligations calling for or requiring the	32250
payment of money made and assumed for specified permitted purposes	32251
from a specific line-item appropriation account in a specified	32252
fund for a sum of money exceeding five thousand dollars upon the	32253
certification by the fiscal officer of the subdivision that this	32254
sum of money has been lawfully appropriated, authorized, or	32255
directed for a permitted purpose and is in the treasury or in the	32256
process of collection to the credit of the specific line-item	32257
appropriation account in the specified fund free from previous and	32258
then-outstanding obligations or certifications; provided that the	32259
aggregate sum of money included in and called for by the	32260
expenditures, orders, and obligations shall not exceed the	32261
certified sum. The purposes for which a subdivision may lawfully	32262
appropriate, authorize, or issue such a certificate are the	32263
services of an accountant, architect, attorney at law, physician,	32264
professional engineer, construction project manager, consultant,	32265
surveyor, or appraiser by or on behalf of the subdivision or	32266
contracting authority; fuel oil, gasoline, food items, roadway	32267
materials, and utilities; and any purchases exempt from	32268
competitive bidding under section 125.04 of the Revised Code and	32269
any other specific expenditure that is a recurring and reasonably	32270
predictable operating expense. Such a certification shall not	32271
extend beyond the end of the fiscal year or, in the case of a	32272
board of county commissioners that has established a quarterly	32273
spending plan under section 5705.392 of the Revised Code, beyond	32274
the quarter to which the plan applies. Such a certificate shall	32275
be signed by the fiscal officer and may, but need not, be limited	32276
to a specific vendor. An itemized statement of obligations	32277
incurred and expenditures made under such a certificate shall be	32278
rendered to the fiscal officer for each certificate issued. More	32279
than one such certificate may be outstanding at any time.	32280

In any case in which a contract is entered into upon a per	32281
unit basis, the head of the department, board, or commission for	32282
the benefit of which the contract is made shall make an estimate	32283
of the total amount to become due upon such contract, which	32284
estimate shall be certified in writing to the fiscal officer of	32285
the subdivision. Such a contract may be entered into if the	32286
appropriation covers such estimate, or so much thereof as may be	32287
due during the current year. In such a case the certificate of	32288
the fiscal officer based upon the estimate shall be a sufficient	32289
compliance with the law requiring a certificate.	32290

Any certificate of the fiscal officer attached to a contract	32291
shall be binding upon the political subdivision as to the facts	32292
set forth therein. Upon request of any person receiving an order	32293
or entering into a contract with any political subdivision, the	32294
certificate of the fiscal officer shall be attached to such order	32295
or contract. "Contract" as used in this section excludes current	32296
payrolls of regular employees and officers.	32297

Taxes and other revenue in process of collection, or the	32298
proceeds to be derived from authorized bonds, notes, or	32299
certificates of indebtedness sold and in process of delivery,	32300
shall for the purpose of this section be deemed in the treasury or	32301
in process of collection and in the appropriate fund. This	32302
section applies neither to the investment of sinking funds by the	32303
trustees of such funds, nor to investments made under sections	32304
731.56 to 731.59 of the Revised Code.	32305

No district authority shall, in transacting its own affairs,	32306
do any of the things prohibited to a subdivision by this section,	32307
but the appropriation referred to shall become the appropriation	32308
by the district authority, and the fiscal officer referred to	32309
shall mean the fiscal officer of the district authority.	32310

Sec. 5705.44.  When contracts or leases run beyond the	32311
termination of the fiscal year in which they are made, the fiscal	32312
officer of the taxing authority shall make a certification for the	32313
amount required to meet the obligation of such contract or lease	32314
maturing in such fiscal year. The amount of the obligation under	32315
such contract or lease remaining unfulfilled at the end of a	32316
fiscal year, and which will become payable during the next fiscal	32317
year, shall be included in the annual appropriation measure for	32318
the next year as a fixed charge.	32319

The certificate required by section 5705.41 of the Revised	32320
Code as to money in the treasury shall not be required for	32321
contracts on which payments are to be made from the earnings of a	32322
publicly operated water works or public utility, but in the case	32323
of any such contract made without such certification, no payment	32324
shall be made on account thereof, and no claim or demand thereon	32325
shall be recoverable, except out of such earnings. That	32326
certificate also shall not be required if requiring the	32327
certificate makes it impossible for a county board of mental	32328
retardation and developmental disabilities to pay the nonfederal	32329
share of medicaid expenditures that the county board is required	32330
by division (A) of section 5126.056 of the Revised Code to pay.	32331

Sec. 5709.17.  (A) Real estate held or occupied by an	32332
association or corporation, organized or incorporated under the	32333
laws of this state relative to soldiers' memorial associations,	32334
monumental building associations, or cemetery associations or	32335
corporations, which in the opinion of the trustees, directors, or	32336
managers thereof is necessary and proper to carry out the object	32337
intended for such association or corporation, shall be exempt from	32338
taxation.	32339

(B) Real estate and tangible personal property held or	32340
occupied by a war veterans' organization, which is organized	32341
exclusively for charitable purposes and incorporated under the	32342
laws of this state or the United States, except real estate held	32343
by such organization for the production of rental income, shall be	32344
exempt from taxation.	32345

(C) Tangible personal property held by a corporation	32346
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	32347
section 501(c)(3) of the Internal Revenue Code, and exempt from	32348
taxation under section 501(a) of the Internal Revenue Code shall	32349
be exempt from taxation if it is surplus property obtained as	32350
described in 112 Stat. 1340, 36 U.S.C.A. 40730.	32351

Sec. 5721.30.  As used in sections 5721.30 to 5721.42 of the	32352
Revised Code:	32353

(A) "Tax certificate," "certificate," or "duplicate	32354
certificate" means a document which may be issued as a physical	32355
certificate, in book-entry form, or through an electronic medium,	32356
at the discretion of the county treasurer. Such document shall	32357
contain the information required by section 5721.31 of the Revised	32358
Code and shall be prepared, transferred, or redeemed in the manner	32359
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As	32360
used in those sections, "tax certificate," "certificate," and	32361
"duplicate certificate" do not refer to the delinquent land tax	32362
certificate or the delinquent vacant land tax certificate issued	32363
under section 5721.13 of the Revised Code.	32364

(B) "Certificate parcel" means the parcel of delinquent land	32365
that is the subject of and is described in a tax certificate.	32366

(C) "Certificate holder" means a person who purchases a tax	32367
certificate under section 5721.32 or 5721.33 of the Revised Code,	32368
or a person to whom a tax certificate has been transferred	32369
pursuant to section 5721.36 of the Revised Code.	32370

(D) "Certificate purchase price" means, with respect to the	32371
sale of tax certificates under sections 5721.32 and 5721.33 of the	32372
Revised Code, the amount equal to delinquent taxes, assessments,	32373
penalties, and interest computed under section 323.121 of the	32374
Revised Code charged against a certificate parcel at the time the	32375
tax certificate respecting that parcel is sold, not including any	32376
delinquent taxes, assessments, penalties, interest, and charges,	32377
the lien for which has been conveyed to a certificate holder	32378
through a prior sale of a tax certificate respecting that parcel;	32379
provided, however, that payment of the certificate purchase price	32380
in a sale under section 5721.33 of the Revised Code may be made	32381
wholly in cash or partially in cash and partially by noncash	32382
consideration acceptable to the county treasurer from the	32383
purchaser. In the event that any such noncash consideration is	32384
delivered to pay a portion of the certificate purchase price, such	32385
noncash consideration may be subordinate to the rights of the	32386
holders of other obligations whose proceeds paid the cash portion	32387
of the certificate purchase price.	32388

"Certificate purchase price" also includes the amount of the	32389
fee charged by the county treasurer to the purchaser of the	32390
certificate under division (H) of section 5721.32 of the Revised	32391
Code.	32392

(E) With respect to a sale of tax certificates under section	32393
5721.32 of the Revised Code and except as provided in division	32394
(E)(3) of this section, "certificate redemption price" means the	32395
amount determined under division (E)(1) or (2) of this section.	32396

(1) During the first year after the date on which a tax	32397
certificate is sold, the sum of the following:	32398

(a) The certificate purchase price;

32399

(b) The greater of the following:

32400

(i) Interest, at the certificate rate of interest, accruing	32401
during the certificate interest period on the certificate purchase	32402
price;	32403

(ii) Six per cent of the certificate purchase price.

32404

(c) The fee charged by the county treasurer to the purchaser	32405
of the certificate under division (H) of section 5721.32 of the	32406
Revised Code.	32407

(2) After the first year after the date on which a tax	32408
certificate is sold, the sum of the following:	32409

(a)(i) If division (E)(1)(b)(i) applied during the first	32410
year, the certificate purchase price;	32411

(ii) If division (E)(1)(b)(ii) applied during the first	32412
year, the sum of the certificate purchase price plus six per cent	32413
of the certificate purchase price.	32414

(b)(i) If division (E)(1)(b)(i) applied during the first	32415
year, interest at the certificate rate of interest accruing during	32416
the certificate interest period on the certificate purchase price;	32417

(ii) If division (E)(1)(b)(ii) applied during the first	32418
year, interest at the certificate rate of interest, accruing	32419
during the part of the certificate interest period that begins one	32420
year after the date of the sale of the certificate, on the sum of	32421
the certificate purchase price plus six per cent of the	32422
certificate purchase price.	32423

(c) The fee charged by the county treasurer to the purchaser	32424
of the certificate under division (H) of section 5721.32 of the	32425
Revised Code.	32426

(3) If the certificate rate of interest equals zero, the	32427
certificate redemption price equals the certificate purchase price	32428
plus the fee charged by the county treasurer to the purchaser of	32429
the certificate under division (H) of section 5721.32 of the	32430
Revised Code.	32431

(F) With respect to a sale of tax certificates under section	32432
5721.33 of the Revised Code, "certificate redemption price" means	32433
the amount equal to the sum of the following:	32434

(1) The certificate purchase price;

32435

(2) Interest accrued on the certificate purchase price at	32436
the certificate rate of interest from the date on which a tax	32437
certificate is delivered through and including the day immediately	32438
preceding the day on which the certificate redemption price is	32439
paid;	32440

(3) The fee, if any, charged by the county treasurer to the	32441
purchaser of the certificate under division (J) of section 5721.33	32442
of the Revised Code;	32443

(4) Any other fees charged by any county office in	32444
connection with the recording of tax certificates.	32445

(G) "Certificate rate of interest" means the rate of simple	32446
interest per year bid by the winning bidder in an auction of a tax	32447
certificate held under section 5721.32 of the Revised Code, or the	32448
rate of simple interest per year not to exceed eighteen per cent	32449
per year fixed by the county treasurer with respect to any tax	32450
certificate sold pursuant to a negotiated sale under section	32451
5721.33 of the Revised Code.	32452

(H) "Cash" means United States currency, certified checks,	32453
money orders, bank drafts, or electronic transfer of funds, and	32454
excludes any other form of payment.	32455

(I) "The date on which a tax certificate is sold," "the date	32456
the certificate was sold," "the date the certificate is	32457
purchased," and any other phrase of similar content mean, with	32458
respect to a sale pursuant to an auction under section 5721.32 of	32459
the Revised Code, the date designated by the county treasurer for	32460
the submission of bids and, with respect to a negotiated sale	32461
under section 5721.33 of the Revised Code, the date of delivery of	32462
the tax certificates to the purchasers thereof pursuant to a tax	32463
certificate sale/purchase agreement.	32464

(J) "Purchaser of a tax certificate pursuant to section	32465
5721.32 of the Revised Code" means the winning bidder in an	32466
auction of a tax certificate held under section 5721.32 of the	32467
Revised Code.	32468

(K) "Certificate interest period" means, with respect to a	32469
tax certificate sold under section 5721.32 of the Revised Code,	32470
the period beginning on the date the certificate is purchased and,	32471
with respect to a tax certificate sold under section 5721.33 of	32472
the Revised Code, the period beginning on the date of delivery of	32473
the tax certificate, and in either case ending on one of the	32474
following dates:	32475

(1) In the case of foreclosure proceedings instituted under	32476
section 5721.37 of the Revised Code, the date the certificate	32477
holder submits a payment to the treasurer under division (B) of	32478
that section;	32479

(2) In the case of a certificate parcel redeemed under	32480
division (A) or (C) of section 5721.38 of the Revised Code, the	32481
date the owner of record of the certificate parcel, or any other	32482
person entitled to redeem that parcel, pays to the county	32483
treasurer or to the certificate holder, as applicable, the full	32484
amount determined under that section.	32485

(L) "County treasurer" means, with respect to the sale of tax	32486
certificates under section 5721.32 of the Revised Code, the county	32487
treasurer of a county having a population of at least two hundred	32488
thousand according to the then most recent federal decennial	32489
census and, with respect to the sale of tax certificates under	32490
section 5721.33 of the Revised Code, the county treasurer of a	32491
county having a population of at least one million four three	32492
hundred thousand according to the then most recent federal	32493
decennial census.	32494

(M) "Qualified trustee" means a trust company within the	32495
state or a bank having the power of a trust company within the	32496
state with a combined capital stock, surplus, and undivided	32497
profits of at least one hundred million dollars.	32498

(N) "Tax certificate sale/purchase agreement" means the	32499
purchase and sale agreement described in division (C) of section	32500
5721.33 of the Revised Code setting forth the certificate purchase	32501
price, plus any applicable premium or less any applicable	32502
discount, including, without limitation, the amount thereof to be	32503
paid in cash and the amount and nature of any noncash	32504
consideration, the date of delivery of the tax certificates, and	32505
the other terms and conditions of the sale, including, without	32506
limitation, the rate of interest that the tax certificates shall	32507
bear.	32508

(O) "Noncash consideration" means any form of consideration	32509
other than cash, including, but not limited to, promissory notes	32510
whether subordinate or otherwise.	32511

(P) "Private attorney" means for purposes of section 5721.37	32512
of the Revised Code, any attorney licensed to practice law in this	32513
state, whether practicing with a firm of attorneys or otherwise,	32514
whose license has not been revoked or otherwise suspended and who	32515
brings foreclosure proceedings pursuant to section 5721.37 of the	32516
Revised Code on behalf of a certificate holder.	32517

(Q) "Related certificate parcel" means, with respect to a	32518
certificate holder, the certificate parcel with respect to which	32519
the certificate holder has purchased and holds a tax certificate	32520
pursuant to sections 5721.30 to 5721.41 of the Revised Code and,	32521
with respect to a tax certificate, the certificate parcel against	32522
which the tax certificate has been sold pursuant to those	32523
sections.	32524

Sec. 5725.31.  (A) As used in this section:

32525

(1) "Eligible employee" and "eligible training costs" have	32526
the same meanings as in section 5733.42 of the Revised Code.	32527

(2) "Tax assessed under this chapter" means, in the case of a	32528
dealer in intangibles, the tax assessed under sections 5725.13 to	32529
5725.17 of the Revised Code and, in the case of a domestic	32530
insurance company, the taxes assessed under sections 5725.18 to	32531
5725.26 of the Revised Code.	32532

(3) "Taxpayer" means a dealer in intangibles or a domestic	32533
insurance company subject to a tax assessed under this chapter.	32534

(4) "Credit period" means, in the case of a dealer in	32535
intangibles, the calendar year ending on the thirty-first day of	32536
December next preceding the day the report is required to be	32537
returned under section 5725.14 of the Revised Code and, in the	32538
case of a domestic insurance company, the calendar year ending on	32539
the thirty-first day of December next preceding the day the annual	32540
statement is required to be returned under section 5725.18 or	32541
5725.181 of the Revised Code.	32542

(B) There is hereby allowed a nonrefundable credit against	32543
the tax imposed under this chapter for a taxpayer for which a tax	32544
credit certificate is issued under section 5733.42 of the Revised	32545
Code. The credit may be claimed for credit periods beginning on	32546
or after January 1, 2001 2003, and ending on or before December	32547
31, 2003 2005. The amount of the credit shall equal one-half of	32548
the average of the eligible training costs paid or incurred by the	32549
taxpayer during the three calendar years immediately preceding the	32550
credit period for which the credit is claimed, not to exceed one	32551
thousand dollars for each eligible employee on account of whom	32552
eligible training costs were paid or incurred by the taxpayer. The	32553
credit claimed by a taxpayer each credit period shall not exceed	32554
one hundred thousand dollars.	32555

A taxpayer shall apply to the director of job and family	32556
services for a tax credit certificate in the manner prescribed by	32557
division (C) of section 5733.42 of the Revised Code. Divisions	32558
(C) to (H) of that section govern the tax credit allowed by this	32559
section, except that "credit period" shall be substituted for "tax	32560
year with respect to a calendar year" wherever that phrase appears	32561
in those divisions and that a taxpayer under this section shall be	32562
considered a taxpayer for the purposes of that section.	32563

A taxpayer may carry forward the credit allowed under this	32564
section to the extent that the credit exceeds the taxpayer's tax	32565
due for the credit period. The taxpayer may carry the excess	32566
credit forward for three credit periods following the credit	32567
period for which the credit is first claimed under this section.	32568
The credit allowed by this section is in addition to any credit	32569
allowed under section 5729.031 of the Revised Code.	32570

Sec. 5727.81.  (A) For the purpose of raising revenue for	32571
public education and state and local government operations, an	32572
excise tax is hereby levied and imposed on an electric	32573
distribution company for all electricity distributed by such	32574
company beginning with the measurement period that includes May	32575
1, 2001, at the following rates per kilowatt hour of electricity	32576
distributed in a thirty-day period by the company through a meter	32577
of an end user in this state:	32578

If no meter is used to measure the kilowatt hours of	32584
electricity distributed by the company, the rates shall apply to	32585
the estimated kilowatt hours of electricity distributed to an	32586
unmetered location in this state.	32587

The electric distribution company shall base the monthly tax	32588
on the kilowatt hours of electricity distributed to an end user	32589
through the meter of the end user that is not measured for a	32590
thirty-day period by dividing the days in the measurement period	32591
into the total kilowatt hours measured during the measurement	32592
period to obtain a daily average usage. The tax shall be	32593
determined by obtaining the sum of divisions (A)(1), (2), and (3)	32594
of this section and multiplying that amount by the number of days	32595
in the measurement period:	32596

(1) Multiplying $0.00465 per kilowatt hour for the first	32597
sixty-seven kilowatt hours distributed using a daily average;	32598

(2) Multiplying $0.00419 for the next sixty-eight to five	32599
hundred kilowatt hours distributed using a daily average;	32600

(3) Multiplying $0.00363 for the remaining kilowatt hours	32601
distributed using a daily average.	32602

Except as provided in division (C) of this section, the	32603
electric distribution company shall pay the tax to the treasurer	32604
of state in accordance with section 5727.82 of the Revised Code.	32605

Only the distribution of electricity through a meter of an	32606
end user in this state shall be used by the electric distribution	32607
company to compute the amount or estimated amount of tax due. In	32608
the event a meter is not actually read for a measurement period,	32609
the estimated kilowatt hours distributed by an electric	32610
distribution company to bill for its distribution charges shall	32611
be used.	32612

(B) Except as provided in division (C) of this section, each	32613
electric distribution company shall pay the tax imposed by this	32614
section in all of the following circumstances:	32615

(1) The electricity is distributed by the company through a	32616
meter of an end user in this state;	32617

(2) The company is distributing electricity through a meter	32618
located in another state, but the electricity is consumed in this	32619
state in the manner prescribed by the tax commissioner;	32620

(3) The company is distributing electricity in this state	32621
without the use of a meter, but the electricity is consumed in	32622
this state as estimated and in the manner prescribed by the tax	32623
commissioner.	32624

(C)(1) As used in division (C) of this section:

32625

(a) "Total price of electricity" means the aggregate value in	32626
money of anything paid or transferred, or promised to be paid or	32627
transferred, to obtain electricity or electric service, including	32628
but not limited to the value paid or promised to be paid for the	32629
transmission or distribution of electricity and for transition	32630
costs as described in Chapter 4928. of the Revised Code.	32631

(b) "Package" means the provision or the acquisition, at a	32632
combined price, of electricity with other services or products, or	32633
any combination thereof, such as natural gas or other fuels;	32634
energy management products, software, and services; machinery and	32635
equipment acquisition; and financing agreements.	32636

(c) "Single location" means a facility located on contiguous	32637
property separated only by a roadway, railway, or waterway.	32638

(2) Division (C) of this section applies to any commercial	32639
or industrial purchaser's receipt of electricity through a meter	32640
of an end user in this state or through more than one meter at a	32641
single location in this state in a quantity that exceeds	32642
forty-five million kilowatt hours of electricity over the course	32643
of the preceding calendar year, or any commercial or industrial	32644
purchaser that will consume more than forty-five million kilowatt	32645
hours of electricity over the course of the succeeding twelve	32646
months as estimated by the tax commissioner. The tax commissioner	32647
shall make such an estimate upon the written request by an	32648
applicant for registration as a self-assessing purchaser under	32649
this division. Such a purchaser may elect to self-assess the	32650
excise tax imposed by this section at the rate of $.00075 per	32651
kilowatt hour on not more than the first five hundred four million	32652
kilowatt hours distributed to that meter or location during the	32653
registration year, and four per cent of the total price of all	32654
electricity distributed to that meter or location. A qualified	32655
end user that receives electricity through a meter of an end user	32656
in this state or through more than one meter at a single location	32657
in this state and that consumes, over the course of the previous	32658
calendar year, more than forty-five million kilowatt hours in	32659
other than its qualifying manufacturing process, may elect to	32660
self-assess the tax as allowed by this division with respect to	32661
the electricity used in other than its qualifying manufacturing	32662
process. Payment of the tax shall be made directly to the	32663
treasurer of state in accordance with divisions (A)(4) and (5) of	32664
section 5727.82 of the Revised Code. If the electric distribution	32665
company serving the self-assessing purchaser is a municipal	32666
electric utility and the purchaser is within the municipal	32667
corporation's corporate limits, payment shall be made to such	32668
municipal corporation's general fund and reports shall be filed in	32669
accordance with divisions (A)(4) and (5) of section 5727.82 of	32670
the Revised Code, except that "municipal corporation" shall be	32671
substituted for "treasurer of state" and "tax commissioner." A	32672
self-assessing purchaser that pays the excise tax as provided in	32673
this division shall not be required to pay the tax to the	32674
electric distribution company from which its electricity is	32675
distributed. If a self-assessing purchaser's receipt of	32676
electricity is not subject to the tax as measured under this	32677
division, the tax on the receipt of such electricity shall be	32678
measured and paid as provided in division (A) of this section.	32679

(3) In the case of the acquisition of a package, unless the	32680
elements of the package are separately stated isolating the total	32681
price of electricity from the price of the remaining elements of	32682
the package, the tax imposed under this section applies to the	32683
entire price of the package. If the elements of the package are	32684
separately stated, the tax imposed under this section applies to	32685
the total price of the electricity.	32686

(4) Any electric supplier that sells electricity as part of	32687
a package shall separately state to the purchaser the total price	32688
of the electricity and, upon request by the tax commissioner, the	32689
total price of each of the other elements of the package.	32690

(5) The tax commissioner may adopt rules relating to the	32691
computation of the total price of electricity with respect to	32692
self-assessing purchasers, which may include rules to establish	32693
the total price of electricity purchased as part of a package.	32694

(6) Application An annual application for registration as a	32695
self-assessing purchaser shall be made for each qualifying meter	32696
or location, on a form prescribed by the tax commissioner. The	32697
registration year begins on the first day of may and ends on the	32698
following thirtieth day of April. Persons may apply after the	32699
first day of May for the remainder of the registration year. In	32700
the case of an applicant applying on the basis of an estimated	32701
consumption of forty-five million kilowatt hours over the course	32702
of the succeeding twelve months, the applicant shall provide such	32703
information as the tax commissioner considers to be necessary to	32704
estimate such consumption. At the time of making the application	32705
and by the first day of May of each year, excluding May 1, 2000, a	32706
self-assessing purchaser shall pay a fee of five hundred dollars	32707
to the treasurer of state for each qualifying meter or location.	32708
The treasurer of state shall deposit such fees into the kilowatt	32709
hour excise tax administration fund, which is hereby created in	32710
the state treasury. Money in the fund shall be used to defray the	32711
tax commissioner's cost in administering the tax owed under	32712
section 5727.81 of the Revised Code by self-assessing purchasers.	32713
After the application is approved by the tax commissioner, the	32714
registration shall remain in effect for the current registration	32715
year, or until canceled by the registrant upon written	32716
notification to the commissioner of the election to pay the tax in	32717
accordance with division (A) of this section, or until canceled by	32718
the tax commissioner for not paying the tax or fee under division	32719
(C) of this section, or for not meeting the qualifications in	32720
division (C)(2) of this section. The tax commissioner shall give	32721
written notice to the electric distribution company from which	32722
electricity is delivered to a self-assessing purchaser of the	32723
purchaser's self-assessing status, and the electric distribution	32724
company is relieved of the obligation to pay the tax imposed by	32725
division (A) of this section for electricity distributed to that	32726
self-assessing purchaser until it is notified by the tax	32727
commissioner that the self-assessing purchaser's registration is	32728
canceled. Within fifteen days of notification of the canceled	32729
registration, the electric distribution company shall be	32730
responsible for payment of the tax imposed by division (A) of this	32731
section on electricity distributed to a purchaser that is no	32732
longer registered as a self-assessing purchaser. A self-assessing	32733
purchaser with a canceled registration must file a report and	32734
remit the tax imposed by division (A) of this section on all	32735
electricity it receives for any measurement period prior to the	32736
tax being reported and paid by the electric distribution company.	32737
A self-assessing purchaser whose registration is canceled by the	32738
tax commissioner is not eligible to register as a self-assessing	32739
purchaser for two years after the registration is canceled.	32740

(7) If the tax commissioner cancels the self-assessing	32741
registration of a purchaser registered on the basis of its	32742
estimated consumption because the purchaser does not consume at	32743
least forty-five million kilowatt hours of electricity over the	32744
course of the twelve-month period for which the estimate was made,	32745
the tax commissioner shall assess and collect from the purchaser	32746
the difference between (a) the amount of tax that would have been	32747
payable under division (A) of this section on the electricity	32748
distributed to the purchaser during that period and (b) the amount	32749
of tax paid by the purchaser on such electricity pursuant to	32750
division (C)(2)(a) of this section. The assessment shall be paid	32751
within sixty days after the tax commissioner issues it, regardless	32752
of whether the purchaser files a petition for reassessment under	32753
section 5727.89 of the Revised Code covering that period. If the	32754
purchaser does not pay the assessment within the time prescribed,	32755
the amount assessed is subject to the additional charge and the	32756
interest prescribed by divisions (B) and (C) of section 5727.82 of	32757
the Revised Code, and is subject to assessment under section	32758
5727.89 of the Revised Code. If the purchaser is a qualified end	32759
user, division (C)(7) of this section applies only to electricity	32760
it consumes in other than its qualifying manufacturing process.	32761

(D) The tax imposed by this section does not apply to the	32762
distribution of any kilowatt hours of electricity to the federal	32763
government, to an end user located at a federal facility that uses	32764
electricity for the enrichment of uranium, to a qualified	32765
regeneration meter, or to an end user for any day the end user is	32766
a qualified end user. The exemption under this division for a	32767
qualified end user only applies to the manufacturing location	32768
where the qualified end user uses more than three million kilowatt	32769
hours per day in a qualifying manufacturing process.	32770

Sec. 5727.811.  (A) For the purpose of raising revenue for	32771
public education and state and local government operations, an	32772
excise tax is hereby levied on every natural gas distribution	32773
company for all natural gas volumes billed by, or on behalf of,	32774
the company on and after beginning with the measurement period	32775
that includes July 1, 2001. Except as provided in divisions (C)	32776
or (D) of this section, the tax shall be levied at the following	32777
rates per MCF of natural gas distributed by the company through a	32778
meter of an end user in this state:	32779

If no meter is used to measure the MCF of natural gas	32784
distributed by the company, the rates shall apply to the estimated	32785
MCF of natural gas distributed to an unmetered location in this	32786
state.	32787

(B) A natural gas distribution company shall base the tax on	32788
the MCF of natural gas distributed to an end user through the	32789
meter of the end user in this state that is estimated to be	32790
consumed by the end user as reflected on the end user's customer	32791
statement from the natural gas distribution company. The natural	32792
gas distribution company shall pay the tax levied by this section	32793
to the treasurer of state in accordance with section 5727.82 of	32794
the Revised Code.	32795

(C) A natural gas distribution company with fifty thousand	32796
customers or less may elect to apply the rates specified in	32797
division (A) of this section to the aggregate of the natural gas	32798
distributed by the company through the meter of all its customers	32799
in this state, and upon such election, this method shall be used	32800
to determine the amount of tax to be paid by such company.	32801

(D) A natural gas distribution company shall pay the tax	32802
imposed by this section at the rate of $.02 per MCF of natural gas	32803
distributed by the company through the meter of a flex customer.	32804
The natural gas distribution company correspondingly shall reduce	32805
the per MCF rate that it charges the flex customer for natural gas	32806
distribution services by $.02 per MCF of natural gas distributed	32807
to the flex customer.	32808

(E) Except as provided in division (F) of this section, each	32809
natural gas distribution company shall pay the tax imposed by this	32810
section in all of the following circumstances:	32811

(1) The natural gas is distributed by the company through a	32812
meter of an end user in this state;	32813

(2) The natural gas distribution company is distributing	32814
natural gas through a meter located in another state, but the	32815
natural gas is consumed in this state in the manner prescribed by	32816
the tax commissioner;	32817

(3) The natural gas distribution company is distributing	32818
natural gas in this state without the use of a meter, but the	32819
natural gas is consumed in this state as estimated and in the	32820
manner prescribed by the tax commissioner.	32821

(F) The tax levied by this section does not apply to the	32822
distribution of natural gas to the federal government, or natural	32823
gas produced by an end user in this state that is consumed by that	32824
end user or its affiliates and is not distributed through the	32825
facilities of a natural gas company.	32826

Sec. 5727.84.  (A) As used in this section and sections	32827
5727.85, 5727.86, and 5727.87 of the Revised Code:	32828

(1) "School district" means a city, local, or exempted	32829
village school district.	32830

(2) "Joint vocational school district" means a joint	32831
vocational school district created under section 3311.16 of the	32832
Revised Code, and includes a cooperative education school district	32833
created under section 3311.52 or 3311.521 of the Revised Code and	32834
a county school financing district created under section 3311.50	32835
of the Revised Code.	32836

(3) "Local taxing unit" means a subdivision or taxing unit,	32837
as defined in section 5705.01 of the Revised Code, a park district	32838
created under Chapter 1545. of the Revised Code, or a township	32839
park district established under section 511.23 of the Revised	32840
Code, but excludes school districts and joint vocational school	32841
districts.	32842

(4) "State education aid" means the sum of the state basic	32843
aid and state special education aid amounts computed for a school	32844
district or joint vocational school district under divisions (A)	32845
and (C) of section 3317.022 Chapter 3317. of the Revised Code.	32846

(5) "State education aid offset" means the amount certified	32847
for each school district under division (A)(1) of section 5727.85	32848
of the Revised Code.	32849

(6) "Adjusted total taxable value Recognized valuation" has	32850
the same meaning as in section 3317.02 of the Revised Code.	32851

(7) "Electric company tax value loss" means the amount	32852
determined under division (D) of this section.	32853

(8) "Natural gas company tax value loss" means the amount	32854
determined under division (E) of this section.	32855

(9) "Tax value loss" means the sum of the electric company	32856
tax value loss and the natural gas company tax value loss.	32857

(10) "Fixed-rate levy" means any tax levied on property other	32858
than a fixed-sum levy.	32859

(11) "Fixed-rate levy loss" means the amount determined under	32860
division (G) of this section.	32861

(12) "Fixed-sum levy" means a tax levied on property at	32862
whatever rate is required to produce a specified amount of tax	32863
money or to pay debt charges, and includes school district	32864
emergency levies imposed pursuant to section 5705.194 of the	32865
Revised Code.	32866

(13) "Fixed-sum levy loss" means the amount determined under	32867
division (H) of this section.	32868

(14) "Consumer price index" means the consumer price index	32869
(all items, all urban consumers) prepared by the bureau of labor	32870
statistics of the United States department of labor.	32871

(B) All money arising from the tax imposed by section	32872
5727.81 of the Revised Code shall be credited as follows:	32873

(1) Fifty-nine and nine hundred seventy-six one-thousandths	32874
per cent, plus an amount equal to seventy per cent of the total	32875
state education aid offset, shall be credited to the general	32876
revenue fund.	32877

(2) Two and six hundred forty-six one-thousandths per cent	32878
shall be credited to the local government fund, for distribution	32879
in accordance with section 5747.50 of the Revised Code.	32880

(3) Three hundred seventy-eight one-thousandths per cent	32881
shall be credited to the local government revenue assistance fund,	32882
for distribution in accordance with section 5747.61 of the Revised	32883
Code.	32884

(4) Twenty-five and nine-tenths per cent, less an amount	32885
equal to seventy per cent of the total state education aid offset,	32886
shall be credited to the school district property tax replacement	32887
fund, which is hereby created in the state treasury for the	32888
purpose of making the payments described in section 5727.85 of the	32889
Revised Code.	32890

(5) Eleven and one-tenth per cent shall be credited to the	32891
local government property tax replacement fund, which is hereby	32892
created in the state treasury for the purpose of making the	32893
payments described in section 5727.86 of the Revised Code.	32894

(6) Beginning in the fiscal year in which payments are	32895
required to be made under sections 5727.85 and 5727.86 of the	32896
Revised Code, if the revenue arising from the tax levied by	32897
section 5727.81 of the Revised Code is less than five hundred	32898
fifty-two million dollars, the amount credited to the general	32899
revenue fund under division (B)(1) of this section shall be	32900
reduced by the amount necessary to credit to each of the funds in	32901
divisions (B)(2), (3), (4), and (5) of this section the amount it	32902
would have received if the tax did raise five hundred fifty-two	32903
million dollars for that fiscal year. The tax commissioner shall	32904
certify to the director of budget and management the amounts that	32905
shall be credited under this division.	32906

(C) All money arising from the tax imposed by section	32907
5727.811 of the Revised Code shall be credited as follows:	32908

(1) Seventy per cent, less an amount equal to thirty per	32909
cent of the total state education aid offset, shall be credited to	32910
the school district property tax replacement fund for the purpose	32911
of making the payments described in section 5727.85 of the Revised	32912
Code.	32913

(2) Thirty per cent shall be credited to the local	32914
government property tax replacement fund for the purpose of making	32915
the payments described in section 5727.86 of the Revised Code.	32916

(3) An amount equal to thirty per cent of the total state	32917
education aid offset shall be credited to the general revenue	32918
fund.	32919

(4) Beginning in the fiscal year in which payments are	32920
required to be made under sections 5727.85 and 5727.86 of the	32921
Revised Code, if the revenue arising from the tax levied by	32922
section 5727.811 of the Revised Code is less than ninety million	32923
dollars, the amount credited to the general revenue fund under	32924
division (C)(3) of this section shall be reduced by the amount	32925
necessary to credit to each of the funds in divisions (C)(1) and	32926
(2) of this section the amount that it would have received if the	32927
tax did raise ninety million dollars for that fiscal year. The	32928
tax commissioner shall certify to the director of budget and	32929
management the amounts that shall be credited under this division.	32930

(D) Not later than January 1, 2002, the tax commissioner	32931
shall determine for each taxing district its electric company tax	32932
value loss, which is the sum of the amounts described in divisions	32933
(D)(1) and (2) of this section:	32934

(1) The difference obtained by subtracting the amount	32935
described in division (D)(1)(b) from the amount described in	32936
division (D)(1)(a) of this section.	32937

(a) The value of electric company and rural electric company	32938
tangible personal property as assessed by the tax commissioner for	32939
tax year 1998 on a preliminary assessment, or an amended	32940
preliminary assessment if issued prior to March 1, 1999, and as	32941
apportioned to the taxing district for tax year 1998;	32942

(b) The value of electric company and rural electric company	32943
tangible personal property as assessed by the tax commissioner for	32944
tax year 1998 had the property been apportioned to the taxing	32945
district for tax year 2001, and assessed at the rates in effect	32946
for tax year 2001.	32947

(2) The difference obtained by subtracting the amount	32948
described in division (D)(2)(b) from the amount described in	32949
division (D)(2)(a) of this section.	32950

(a) The three-year average for tax years 1996, 1997, and	32951
1998 of the assessed value from nuclear fuel materials and	32952
assemblies assessed against a person under Chapter 5711. of the	32953
Revised Code from the leasing of them to an electric company for	32954
those respective tax years, as reflected in the preliminary	32955
assessments;	32956

(b) The three-year average assessed value from nuclear fuel	32957
materials and assemblies assessed under division (D)(2)(a) of this	32958
section for tax years 1996, 1997, and 1998, as reflected in the	32959
preliminary assessments, using an assessment rate of twenty-five	32960
per cent.	32961

(E) Not later than January 1, 2002, the tax commissioner	32962
shall determine for each taxing district its natural gas company	32963
tax value loss, which is the sum of the amounts described in	32964
divisions (E)(1) and (2) of this section:	32965

(1) The difference obtained by subtracting the amount	32966
described in division (E)(1)(b) from the amount described in	32967
division (E)(1)(a) of this section.	32968

(a) The value of all natural gas company tangible personal	32969
property, other than property described in division (E)(2) of this	32970
section, as assessed by the tax commissioner for tax year 1999 on	32971
a preliminary assessment, or an amended preliminary assessment if	32972
issued prior to March 1, 2000, and apportioned to the taxing	32973
district for tax year 1999;	32974

(b) The value of all natural gas company tangible personal	32975
property, other than property described in division (E)(2) of this	32976
section, as assessed by the tax commissioner for tax year 1999 had	32977
the property been apportioned to the taxing district for tax year	32978
2001, and assessed at the rates in effect for tax year 2001.	32979

(2) The difference in the value of current gas obtained by	32980
subtracting the amount described in division (E)(2)(b) from the	32981
amount described in division (E)(2)(a) of this section.	32982

(a) The three-year average assessed value of current gas as	32983
assessed by the tax commissioner for tax years 1997, 1998, and	32984
1999 on a preliminary assessment, or an amended preliminary	32985
assessment if issued prior to March 1, 2001, and as apportioned in	32986
the taxing district for those respective years;	32987

(b) The three-year average assessed value from current gas	32988
under division (E)(2)(a) of this section for tax years 1997, 1998,	32989
and 1999, as reflected in the preliminary assessment, using an	32990
assessment rate of twenty-five per cent.	32991

(F) The tax commissioner may request that natural gas	32992
companies, electric companies, and rural electric companies file a	32993
report to help determine the tax value loss under divisions (D)	32994
and (E) of this section. The report shall be filed within thirty	32995
days of the commissioner's request. A company that fails to file	32996
the report or does not timely file the report is subject to the	32997
penalty in section 5727.60 of the Revised Code.	32998

(G) Not later than January 1, 2002, the tax commissioner	32999
shall determine for each school district, joint vocational school	33000
district, and local taxing unit its fixed-rate levy loss, which is	33001
the sum of its electric company tax value loss multiplied by the	33002
tax rate in effect in tax year 1998 for fixed-rate levies and its	33003
natural gas company tax value loss multiplied by the tax rate in	33004
effect in tax year 1999 for fixed-rate levies.	33005

(H) Not later than January 1, 2002, the tax commissioner	33006
shall determine for each school district, joint vocational school	33007
district, and local taxing unit its fixed-sum levy loss, which is	33008
the amount obtained by subtracting the amount described in	33009
division (H)(2) of this section from the amount described in	33010
division (H)(1) of this section:	33011

(1) The sum of the electric company tax value loss	33012
multiplied by the tax rate in effect in tax year 1998, and the	33013
natural gas company tax value loss multiplied by the tax rate in	33014
effect in tax year 1999, for fixed-sum levies for all taxing	33015
districts within each school district, joint vocational school	33016
district, and local taxing unit. For the years 2002 through 2006,	33017
this computation shall include school district emergency levies	33018
that existed in 1998 in the case of the electric company tax value	33019
loss, and 1999 in the case of the natural gas company tax value	33020
loss, and all other fixed-sum levies that existed in 1998 in the	33021
case of the electric company tax value loss and 1999 in the case	33022
of the natural gas company tax value loss and continue to be	33023
charged in the tax year preceding the distribution year. For the	33024
years 2007 through 2016 in the case of school district emergency	33025
levies, and for all years after 2006 in the case of all other	33026
fixed-sum levies, this computation shall exclude all fixed-sum	33027
levies that existed in 1998 in the case of the electric company	33028
tax value loss and 1999 in the case of the natural gas company tax	33029
value loss, but are no longer in effect in the tax year preceding	33030
the distribution year. For the purposes of this section, an	33031
emergency levy that existed in 1998 in the case of the electric	33032
company tax value loss, and 1999 in the case of the natural gas	33033
company tax value loss, continues to exist in a year beginning on	33034
or after January 1, 2007, but before January 1, 2017, if, in that	33035
year, the board of education levies a school district emergency	33036
levy for an annual sum at least equal to the annual sum levied by	33037
the board in tax year 1998 or 1999, respectively, less the amount	33038
of the payment certified under this division for 2002.	33039

(2) The total taxable value in tax year 1998 in the case of	33040
the electric company tax value loss and 1999 in the case of the	33041
natural gas company tax value loss in each school district, joint	33042
vocational school district, and local taxing unit multiplied by	33043
one-fourth of one mill.	33044

If the amount computed under division (H) of this section	33045
for any school district, joint vocational school district, or	33046
local taxing unit is greater than zero, that amount shall equal	33047
the fixed-sum levy loss reimbursed pursuant to division (E) of	33048
section 5727.85 of the Revised Code or division (A)(2) of section	33049
5727.86 of the Revised Code, and the one-fourth of one mill that	33050
is subtracted under division (H)(2) of this section shall be	33051
apportioned among all contributing fixed-sum levies in the	33052
proportion of each levy to the sum of all fixed-sum levies within	33053
each school district, joint vocational school district, or local	33054
taxing unit.	33055

(I) Notwithstanding divisions (D), (E), (G), and (H) of	33056
this section, in computing the tax value loss, fixed-rate levy	33057
loss, and fixed-sum levy loss, the tax commissioner shall use the	33058
greater of the 1998 tax rate or the 1999 tax rate in the case of	33059
levy losses associated with the electric company tax value loss,	33060
but the 1999 tax rate shall not include for this purpose any tax	33061
levy approved by the voters after June 30, 1999, and the tax	33062
commissioner shall use the greater of the 1999 or the 2000 tax	33063
rate in the case of levy losses associated with the natural gas	33064
company tax value loss, but the 2000 tax rate shall not include	33065
for this purpose any tax levy approved by the voters after	33066
November 7, 2000.	33067

(J) Not later than January 1, 2002, the tax commissioner	33068
shall certify to the department of education the tax value loss	33069
determined under divisions (D) and (E) of this section for each	33070
taxing district.	33071

Sec. 5727.85.  (A) By the thirty-first day of July of each	33072
year, beginning in 2002 and ending in 2016, the department of	33073
education shall determine the following for each school district	33074
eligible for payment under division (C) of this section:	33075

(1) The state education aid offset, which is the difference	33076
obtained by subtracting the amount described in division (A)(1)(b)	33077
of this section from the amount described in division (A)(1)(a) of	33078
this section:	33079

(a) The state education aid computed for the school district	33080
for the current fiscal year on the basis of the adjusted total	33081
taxable value recognized valuation;	33082

(b) The state education aid that would be computed for the	33083
school district for the current fiscal year if the district's	33084
adjusted total taxable value recognized valuation included the tax	33085
value loss for all taxing districts in the school district.	33086

(2) The difference obtained by subtracting the state	33087
education aid offset determined under division (A)(1) of this	33088
section from the fixed-rate levy loss determined under division	33089
(G) of section 5727.84 of the Revised Code for all taxing	33090
districts in each school district. The department of education	33091
shall certify the amount so determined to the director of budget	33092
and management.	33093

(B) Not later than the thirty-first day of October of the	33094
years 2006 through 2016, the department of education shall	33095
determine all of the following for each school district:	33096

(1) The amount obtained by subtracting the district's state	33097
education aid computed for fiscal year 2002 from the district's	33098
state education aid computed for the current fiscal year;	33099

(2) The inflation-adjusted property tax loss. The	33100
inflation-adjusted property tax loss equals the fixed-rate levy	33101
loss determined under division (G) of section 5727.84 of the	33102
Revised Code for all taxing districts in each school district plus	33103
the product obtained by multiplying that loss by the cumulative	33104
percentage increase in the consumer price index from January 1,	33105
2002, to the thirtieth day of June of the current year.	33106

(3) The difference obtained by subtracting the amount	33107
computed under division (B)(1) from the amount of the	33108
inflation-adjusted property tax loss. If this difference is zero	33109
or a negative number, no further payments shall be made under	33110
division (C) of this section to the school district from the	33111
school district property tax replacement fund. If the difference	33112
is greater than zero, the department of education shall certify	33113
the amount calculated in division (A)(2) of this section to the	33114
director of budget and management not later than the thirty-first	33115
day of December of each year, beginning in 2006 and ending in	33116
2016.	33117

(C) For all taxing districts in each school district, the	33118
director of budget and management shall pay from the school	33119
district property tax replacement fund to the county undivided	33120
income tax fund in the proper county treasury all of the	33121
following:	33122

(1) In February 2002, one-half of the fixed-rate levy loss	33123
certified under division (G) of section 5727.84 of the Revised	33124
Code on or before the day prescribed for the settlement under	33125
division (A) of section 321.24 of the Revised Code.	33126

(2) From August 2002 through August 2006, one-half of the	33127
amount certified for that fiscal year under division (A)(2) of	33128
this section on or before each of the days prescribed for the	33129
settlements under divisions (A) and (C) of section 321.24 of the	33130
Revised Code.	33131

(3) From February 2007 through August 2016, one-half of the	33132
amount certified for that calendar year under division (B)(3) of	33133
this section on or before each of the days prescribed for the	33134
settlements under divisions (A) and (C) of section 321.24 of the	33135
Revised Code.	33136

The county treasurer shall distribute amounts paid under	33137
divisions (C)(1), (2), and (3) of this section to the proper	33138
school district as if they had been levied and collected as taxes,	33139
and the school district shall apportion the amounts so received	33140
among its funds in the same proportions as if those amounts had	33141
been levied and collected as taxes.	33142

(D) Not later than January 1, 2002, for all taxing districts	33143
in each joint vocational school district, the tax commissioner	33144
shall certify to the director of budget and management the	33145
fixed-rate levy loss determined under division (G) of section	33146
5727.84 of the Revised Code. From February 2002 to August 2016,	33147
the director shall pay from the school district property tax	33148
replacement fund to the county undivided income tax fund in the	33149
proper county treasury, one-half of the fixed-rate levy loss so	33150
certified for each year on or before each of the days prescribed	33151
for the settlements under divisions (A) and (C) of section 321.24	33152
of the Revised Code. The county treasurer shall distribute such	33153
amounts to the proper joint vocational school district as if they	33154
had been levied and collected as taxes, and the joint vocational	33155
school district shall apportion the amounts so received among its	33156
funds in the same proportions as if those amounts had been levied	33157
and collected as taxes.	33158

(E)(1) Not later than January 1, 2002, for each fixed-sum	33159
levy levied by each school district or joint vocational school	33160
district and for each year for which a determination is made	33161
under division (H) of section 5727.84 of the Revised Code that a	33162
fixed-sum levy loss is to be reimbursed, the tax commissioner	33163
shall certify to the director of budget and management the	33164
fixed-sum levy loss determined under that division. The	33165
certification shall cover a time period sufficient to include all	33166
fixed-sum levies for which the tax commissioner made such a	33167
determination. The director shall pay from the school district	33168
property tax replacement fund to the county undivided income tax	33169
fund in the proper county treasury one-half of the fixed-sum levy	33170
loss so certified for each year on or before each of the days	33171
prescribed for the settlements under divisions (A) and (C) of	33172
section 321.24 of the Revised Code. The county treasurer shall	33173
distribute the amounts to the proper school district or joint	33174
vocational school district as if they had been levied and	33175
collected as taxes, and the district shall apportion the amounts	33176
so received among its funds in the same proportions as if those	33177
amounts had been levied and collected as taxes.	33178

(2) Beginning in 2003, by the thirty-first day of January of	33179
each year, the tax commissioner shall review the certification	33180
originally made under division (E)(1) of this section. If the	33181
commissioner determines that a fixed-sum levy that had been	33182
scheduled to be reimbursed in the current year has expired, a	33183
revised certification for that and all subsequent years shall be	33184
made to the director of budget and management.	33185

(F) By August 5, 2002, the tax commissioner shall estimate	33186
the amount of money in the school district property tax	33187
replacement fund in excess of the amount necessary to make	33188
payments in that month under divisions (C), (D), and (E) of this	33189
section. Notwithstanding division (C) of this section, the	33190
department of education, in consultation with the tax commissioner	33191
and from those excess funds, may pay any school district four and	33192
one-half times the amount certified under division (A)(2) of this	33193
section. Payments shall be made in order from the smallest annual	33194
loss to the largest annual loss. A payment made under this	33195
division shall be in lieu of the payment to be made in August 2002	33196
under division (C)(2) of this section. No payments shall be made	33197
in the manner established in this division to any school district	33198
with annual losses from permanent improvement fixed-rate levies in	33199
excess of twenty thousand dollars, or annual losses from any other	33200
fixed-rate levies in excess of twenty thousand dollars. A school	33201
district receiving a payment under this division is no longer	33202
entitled to any further payments under division (C) of this	33203
section.	33204

(G) On the thirty-first day of July of 2003, 2004, 2005, and	33205
2006, and on the thirty-first day of January and July of 2007 and	33206
each year thereafter, if the amount credited to the school	33207
district property tax replacement fund exceeds the amount needed	33208
to make payments from the fund under divisions (C), (D), and (E)	33209
of this section in the following month, the director of budget and	33210
management shall distribute the excess among school districts and	33211
joint vocational school districts. The amount distributed to each	33212
district shall bear the same proportion to the excess remaining in	33213
the fund as the ADM of the district bears to the ADM of all of the	33214
districts. For the purpose of this division, "ADM" means the	33215
formula ADM in the case of a school district, and the average	33216
daily membership reported under section 3317.03 of the Revised	33217
Code in the case of a joint vocational school district.	33218

If, in the opinion of the director of budget and management,	33219
the excess remaining in the school district property tax	33220
replacement fund in any year is not sufficient to warrant	33221
distribution under this division, the excess shall remain to the	33222
credit of the fund.	33223

Amounts received by a school district or joint vocational	33224
school district under this division shall be used exclusively for	33225
capital improvements.	33226

(H) If the total amount in the school district property tax	33227
replacement fund is insufficient to make all payments under	33228
divisions (C), (D), and (E) of this section, the payments required	33229
under division (E) of this section shall be made first in their	33230
entirety. After all payments are made under division (E) of this	33231
section, payments under divisions (C) and (D) of this section	33232
shall be made from the balance of money available in the	33233
proportion of each school district's or joint vocational school	33234
district's payment amount to the total amount of payments under	33235
divisions (C) and (D) of this section.	33236

(I) If all or a part of the territory of a school district	33237
or joint vocational school district is merged with or transferred	33238
to another district, the tax commissioner shall adjust the	33239
payments made under this section to each of the districts in	33240
proportion to the tax value loss apportioned to the merged or	33241
transferred territory.	33242

(J) There is hereby created the public utility property tax	33243
study committee, effective January 1, 2011. The committee shall	33244
consist of the following seven members: the tax commissioner,	33245
three members of the senate appointed by the president of the	33246
senate, and three members of the house of representatives	33247
appointed by the speaker of the house of representatives. The	33248
appointments shall be made not later than January 31, 2011. The	33249
tax commissioner shall be the chairperson of the committee.	33250

The committee shall study the extent to which each school	33251
district or joint vocational school district has been compensated,	33252
under sections 5727.84 and 5727.85 of the Revised Code as enacted	33253
by Substitute Senate Bill No. 3 of the 123rd general assembly and	33254
any subsequent acts, for the property tax loss caused by the	33255
reduction in the assessment rates for natural gas, electric, and	33256
rural electric company tangible personal property. Not later than	33257
June 30, 2011, the committee shall issue a report of its findings,	33258
including any recommendations for providing additional	33259
compensation for the property tax loss or regarding remedial	33260
legislation, to the president of the senate and the speaker of the	33261
house of representatives, at which time the committee shall cease	33262
to exist.	33263

The department of taxation and department of education shall	33264
provide such information and assistance as is required for the	33265
committee to carry out its duties.	33266

Sec. 5729.07.  As used in this section:

33267

(A) "Eligible employee" and "eligible training costs" have	33268
the same meanings as in section 5733.42 of the Revised Code.	33269

(B) "Credit period" means the calendar year ending on the	33270
thirty-first day of December next preceding the day the annual	33271
statement is required to be returned under section 5729.02 of the	33272
Revised Code.	33273

There is hereby allowed a nonrefundable credit against the	33274
tax imposed under this chapter for a foreign insurance company for	33275
which a tax credit certificate is issued under section 5733.42 of	33276
the Revised Code. The credit may be claimed for credit periods	33277
beginning on or after January 1, 2001 2003, and ending on or	33278
before December 31, 2003 2005. The amount of the credit shall	33279
equal one-half of the average of the eligible training costs paid	33280
or incurred by the company during the three calendar years	33281
immediately preceding the credit period for which the credit is	33282
claimed, not to exceed one thousand dollars for each eligible	33283
employee on account of whom eligible training costs were paid or	33284
incurred by the company. The credit claimed by a company for each	33285
credit period shall not exceed one hundred thousand dollars.	33286

A foreign insurance company shall apply to the director of	33287
job and family services for a tax credit certificate in the manner	33288
prescribed by division (C) of section 5733.42 of the Revised Code.	33289
Divisions (C) to (H) of that section govern the tax credit allowed	33290
by this section, except that "credit period" shall be substituted	33291
for "tax year with respect to a calendar year" wherever that	33292
phrase appears in those divisions and that the company shall be	33293
considered a taxpayer for the purposes of those divisions.	33294

A foreign insurance company may carry forward the credit	33295
allowed under this section to the extent that the credit exceeds	33296
the company's tax due for the credit period. The company may	33297
carry the excess credit forward for three credit periods following	33298
the credit period for which the credit is first claimed under this	33299
section. The credit allowed by this section is in addition to any	33300
credit allowed under section 5729.031 of the Revised Code.	33301

The reduction in the tax due under this chapter to the extent	33302
of the credit allowed by this section does not increase the amount	33303
of the tax otherwise due under section 5729.06 of the Revised	33304
Code.	33305

Sec. 5733.053.  (A) As used in this section:

33306

(1) "Transfer" means a transaction or series of related	33307
transactions in which a corporation directly or indirectly	33308
transfers or distributes substantially all of its assets or equity	33309
to another corporation, if the transfer or distribution qualifies	33310
for nonrecognition of gain or loss under the Internal Revenue	33311
Code.	33312

(2) "Transferor" means a corporation that has made a	33313
transfer.	33314

(3) "Transferee" means a corporation that received	33315
substantially all of the assets or equity of a transferor in a	33316
transfer.	33317

(B) For Except as provided in division (F) of this section,	33318
for purposes of valuing its issued and outstanding shares of stock	33319
under division (B) of section 5733.05 of the Revised Code, a	33320
transferee shall add to its net income allocated or apportioned to	33321
this state its transferor's net income allocated or apportioned to	33322
this state. The transferee shall add such income in computing its	33323
tax for the same tax year or years that such income would have	33324
been reported by the transferor if the transfer had not been made.	33325
The transferee shall add such income only to the extent the income	33326
is not required to be reported by the transferor for the purposes	33327
of the tax imposed by divisions (A) and (B) of section 5733.06 of	33328
the Revised Code.	33329

(C) The following shall be determined in the same manner as	33330
if the transfer had not been made:	33331

(1) The transferor's net income allocated or apportioned to	33332
this state for the tax year under divisions (B)(1) and (2) of	33333
section 5733.05 of the Revised Code;	33334

(2) The transferor's requirements for the combination of net	33335
income under section 5733.052 of the Revised Code;	33336

(3) Any other determination regarding the transferor that is	33337
necessary to avoid an absurd or unreasonable result in the	33338
application of this chapter.	33339

(D) A transferee shall be allowed the following credits and	33340
shall make the following adjustments in the same manner that they	33341
would have been available to the transferor:	33342

(1) The credits enumerated in section 5733.98 of the	33343
Revised Code;	33344

(2) The deduction under division (I)(1) of section 5733.04	33345
of the Revised Code for net operating losses incurred by its	33346
transferor, subject to the limitations set forth in sections 381	33347
and 382 of the Internal Revenue Code concerning net operating loss	33348
carryovers;	33349

(3) Any other deduction from or addition to net income under	33350
this chapter involving the transferor, the disallowance of which	33351
would be absurd or unreasonable. Such adjustments to net income	33352
and allowance of credits shall be subject to the limitations set	33353
forth in sections 381 and 382 of the Internal Revenue Code and	33354
regulations prescribed thereunder.	33355

(E) If a transferee subject to this section subsequently	33356
becomes a transferor, any net income that the transferee would	33357
have been required to add under division (B) of this section shall	33358
be included in its income as a transferor and any credits or	33359
adjustments to which the transferee would have been entitled	33360
under division (D) of this section shall be available to it as a	33361
transferor.	33362

(F) The amendments made to this section by Am. Sub. S.B.	33363
287 of the 123rd general assembly do not apply to any transfer for	33364
which negotiations began prior to January 1, 2001, and that was	33365
commenced in and completed during calendar year 2001, unless the	33366
transferee makes an election prior to December 31, 2001, to apply	33367
the section.	33368

Sec. 5733.056.  (A) As used in this section:

33369

(1) "Billing address" means the address where any notice,	33370
statement, or bill relating to a customer's account is mailed, as	33371
indicated in the books and records of the taxpayer on the first	33372
day of the taxable year or on such later date in the taxable year	33373
when the customer relationship began.	33374

(2) "Borrower or credit card holder located in this state"	33375
means:	33376

(a) A borrower, other than a credit card holder, that is	33377
engaged in a trade or business and maintains its commercial	33378
domicile in this state; or	33379

(b) A borrower that is not engaged in a trade or business,	33380
or a credit card holder, whose billing address is in this state.	33381

(3) "Branch" means a "domestic branch" as defined in section	33382
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	33383
1813(o), as amended.	33384

(4) "Compensation" means wages, salaries, commissions, and	33385
any other form of remuneration paid to employees for personal	33386
services that are included in such employee's gross income under	33387
the Internal Revenue Code. In the case of employees not subject	33388
to the Internal Revenue Code, such as those employed in foreign	33389
countries, the determination of whether such payments would	33390
constitute gross income to such employees under the Internal	33391
Revenue Code shall be made as though such employees were subject	33392
to the Internal Revenue Code.	33393

(5) "Credit card" means a credit, travel, or entertainment	33394
card.	33395

(6) "Credit card issuer's reimbursement fee" means the fee a	33396
taxpayer receives from a merchant's bank because one of the	33397
persons to whom the taxpayer has issued a credit card has charged	33398
merchandise or services to the credit card.	33399

(7) "Deposits" has the meaning given in section 3 of the	33400
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	33401
as amended.	33402

(8) "Employee" means, with respect to a particular taxpayer,	33403
any individual who under the usual common law rules applicable in	33404
determining the employer-employee relationship, has the status of	33405
an employee of that taxpayer.	33406

(9) "Gross rents" means the actual sum of money or other	33407
consideration payable for the use or possession of property.	33408
"Gross rents" includes:	33409

(a) Any amount payable for the use or possession of real	33410
property or tangible personal property whether designated as a	33411
fixed sum of money or as a percentage of receipts, profits, or	33412
otherwise;	33413

(b) Any amount payable as additional rent or in lieu of	33414
rent, such as interest, taxes, insurance, repairs, or any other	33415
amount required to be paid by the terms of a lease or other	33416
arrangement; and	33417

(c) A proportionate part of the cost of any improvement to	33418
real property made by or on behalf of the taxpayer which reverts	33419
to the owner or lessor upon termination of a lease or other	33420
arrangement. The amount to be included in gross rents is the	33421
amount of amortization or depreciation allowed in computing the	33422
taxable income base for the taxable year. However, where a	33423
building is erected on leased land, by or on behalf of the	33424
taxpayer, the value of the land is determined by multiplying the	33425
gross rent by eight, and the value of the building is determined	33426
in the same manner as if owned by the taxpayer.	33427

(d) The following are not included in the term "gross	33428
rents":	33429

(i) Reasonable amounts payable as separate charges for water	33430
and electric service furnished by the lessor;	33431

(ii) Reasonable amounts payable as service charges for	33432
janitorial services furnished by the lessor;	33433

(iii) Reasonable amounts payable for storage, provided such	33434
amounts are payable for space not designated and not under the	33435
control of the taxpayer; and	33436

(iv) That portion of any rental payment which is applicable	33437
to the space subleased from the taxpayer and not used by it.	33438

(10) "Loan" means any extension of credit resulting from	33439
direct negotiations between the taxpayer and its customer, or the	33440
purchase, in whole or in part, of such extension of credit from	33441
another. Loans include debt obligations of subsidiaries,	33442
participations, syndications, and leases treated as loans for	33443
federal income tax purposes. "Loan" does not include: properties	33444
treated as loans under section 595 of the Internal Revenue Code;	33445
futures or forward contracts; options; notional principal	33446
contracts such as swaps; credit card receivables, including	33447
purchased credit card relationships; non-interest bearing balances	33448
due from depositor institutions; cash items in the process of	33449
collection; federal funds sold; securities purchased under	33450
agreements to resell; assets held in a trading account;	33451
securities; interests in a real estate mortgage investment conduit	33452
or other mortgage-backed or asset-backed security; and other	33453
similar items.	33454

(11) "Loan secured by real property" means that fifty per	33455
cent or more of the aggregate value of the collateral used to	33456
secure a loan or other obligation, when valued at fair market	33457
value as of the time the original loan or obligation was incurred,	33458
was real property.	33459

(12) "Merchant discount" means the fee, or negotiated	33460
discount, charged to a merchant by the taxpayer for the privilege	33461
of participating in a program whereby a credit card is accepted in	33462
payment for merchandise or services sold to the card holder.	33463

(13) "Participation" means an extension of credit in which an	33464
undivided ownership interest is held on a pro rata basis in a	33465
single loan or pool of loans and related collateral. In a loan	33466
participation, the credit originator initially makes the loan and	33467
then subsequently resells all or a portion of it to other lenders.	33468
The participation may or may not be known to the borrower.	33469

(14) "Principal base of operations" with respect to	33470
transportation property means the place of more or less permanent	33471
nature from which the property is regularly directed or	33472
controlled. With respect to an employee, the "principal base of	33473
operations" means the place of more or less permanent nature from	33474
which the employee regularly (a) starts work and to which the	33475
employee customarily returns in order to receive instructions from	33476
the employer or (b) communicates with the employee's customers or	33477
other persons or (c) performs any other functions necessary to the	33478
exercise of the trade or profession at some other point or points.	33479

(15) "Qualified institution" means a financial institution	33480
that on or after June 1, 1997:	33481

(a)(i) Has consummated one or more approved transactions	33482
with insured banks with different home states that would qualify	33483
under section 102 of the "Riegle-Neal Interstate Banking and	33484
Branching Efficiency Act of 1994," Public Law 103-328, 108 stat.	33485
Stat. 2338;	33486

(ii) Is a federal savings association or federal savings	33487
bank that has consummated one or more interstate acquisitions that	33488
result in a financial institution that has branches in more than	33489
one state; or	33490

(iii) Has consummated one or more approved interstate	33491
acquisitions under authority of Title XI of the Revised Code that	33492
result in a financial institution that has branches in more than	33493
one state; and	33494

(b) Has at least ten per cent of its deposits in this state	33495
as of the last day of June prior to the beginning of the tax year.	33496

(16) "Real property owned" and "tangible personal property	33497
owned" mean real and tangible personal property, respectively, on	33498
which the taxpayer may claim depreciation for federal income tax	33499
purposes, or to which the taxpayer holds legal title and on which	33500
no other person may claim depreciation for federal income tax	33501
purposes, or could claim depreciation if subject to federal income	33502
tax. Real and tangible personal property do not include coin,	33503
currency, or property acquired in lieu of or pursuant to a	33504
foreclosure.	33505

(17) "Regular place of business" means an office at which the	33506
taxpayer carries on its business in a regular and systematic	33507
manner and which is continuously maintained, occupied, and used by	33508
employees of the taxpayer.	33509

(18) "State" means a state of the United States, the District	33510
of Columbia, the commonwealth of Puerto Rico, or any territory or	33511
possession of the United States.	33512

(19) "Syndication" means an extension of credit in which two	33513
or more persons fund and each person is at risk only up to a	33514
specified percentage of the total extension of credit or up to a	33515
specified dollar amount.	33516

(20) "Transportation property" means vehicles and vessels	33517
capable of moving under their own power, such as aircraft, trains,	33518
water vessels and motor vehicles, as well as any equipment or	33519
containers attached to such property, such as rolling stock,	33520
barges, trailers, or the like.	33521

(B) The annual financial institution report determines the	33522
value of the issued and outstanding shares of stock of the	33523
taxpayer, and is the base or measure of the franchise tax	33524
liability. Such determination shall be made as of the date shown	33525
by the report to have been the beginning of the financial	33526
institution's annual accounting period that includes the first day	33527
of January of the tax year. For purposes of this section,	33528
division (A) of section 5733.05, and division (D) of section	33529
5733.06 of the Revised Code, the value of the issued and	33530
outstanding shares of stock of the financial institution shall	33531
include the total value, as shown by the books of the financial	33532
institution, of its capital, surplus, whether earned or unearned,	33533
undivided profits, and reserves, but exclusive of:	33534

(1) Reserves for accounts receivable, depreciation,	33535
depletion, and any other valuation reserves with respect to	33536
specific assets;	33537

(2) Taxes due and payable during the year for which such	33538
report was made;	33539

(3) Voting stock and participation certificates in	33540
corporations chartered pursuant to the "Farm Credit Act of 1971,"	33541
85 Stat. 597, 12 U.S.C. 2091, as amended;	33542

(4) Good will, appreciation, and abandoned property as set	33543
up in the annual report of the financial institution, provided a	33544
certified balance sheet of the company is made available upon the	33545
request of the tax commissioner. Such balance sheet shall not be	33546
a part of the public records, but shall be a confidential report	33547
for use of the tax commissioner only.	33548

(5) A portion of the value of the issued and outstanding	33549
shares of stock of such financial institution equal to the amount	33550
obtained by multiplying such value by the quotient obtained by:	33551

(a) Dividing (1) the amount of the financial institution's	33552
assets, as shown on its books, represented by investments in the	33553
capital stock and indebtedness of public utilities of which at	33554
least eighty per cent of the utility's issued and outstanding	33555
common stock is owned by the financial institution by (2) the	33556
total assets of such financial institution as shown on its books;	33557

(b) Dividing (1) the amount of the financial institution's	33558
assets, as shown on its books, represented by investments in the	33559
capital stock and indebtedness of insurance companies of which at	33560
least eighty per cent of the insurance company's issued and	33561
outstanding common stock is owned by the financial institution by	33562
(2) the total assets of such financial institution as shown on its	33563
books;	33564

(c) Dividing (1) the amount of the financial institution's	33565
assets, as shown on its books, represented by investments in the	33566
capital stock and indebtedness of other financial institutions of	33567
which at least twenty-five per cent of the other financial	33568
institution's issued and outstanding common stock is owned by the	33569
financial institution by (2) the total assets of the financial	33570
institution as shown on its books. Division (B)(5)(c) of this	33571
section applies only with respect to such other financial	33572
institutions that for the tax year immediately following the	33573
taxpayer's taxable year will pay the tax imposed by division (D)	33574
of section 5733.06 of the Revised Code.	33575

(6) Land that has been determined pursuant to section	33576
5713.31 of the Revised Code by the county auditor of the county in	33577
which the land is located to be devoted exclusively to	33578
agricultural use as of the first Monday of June in the financial	33579
institution's taxable year.	33580

(7) Property within this state used exclusively during the	33581
taxable year for qualified research as defined in section 5733.05	33582
of the Revised Code.	33583

(C) The base upon which the tax levied under division (D) of	33584
section 5733.06 of the Revised Code shall be computed by	33585
multiplying the value of a financial institution's issued and	33586
outstanding shares of stock as determined in division (B) of this	33587
section by a fraction. The numerator of the fraction is the sum	33588
of the following: the property factor multiplied by fifteen, the	33589
payroll factor multiplied by fifteen, and the sales factor	33590
multiplied by seventy. The denominator of the fraction is one	33591
hundred, provided that the denominator shall be reduced by fifteen	33592
if the property factor has a denominator of zero, by fifteen if	33593
the payroll factor has a denominator of zero, and by seventy if	33594
the sales factor has a denominator of zero.	33595

(D) A financial institution shall calculate the property	33596
factor as follows:	33597

(1) The property factor is a fraction, the numerator of	33598
which is the average value of real property and tangible personal	33599
property rented to the taxpayer that is located or used within	33600
this state during the taxable year, the average value of real and	33601
tangible personal property owned by the taxpayer that is located	33602
or used within this state during the taxable year, and the average	33603
value of the taxpayer's loans and credit card receivables that are	33604
located within this state during the taxable year; and the	33605
denominator of which is the average value of all such property	33606
located or used within and without this state during the taxable	33607
year.	33608

(2)(a) The value of real property and tangible personal	33609
property owned by the taxpayer is the original cost or other basis	33610
of such property for federal income tax purposes without regard to	33611
depletion, depreciation, or amortization.	33612

(b) Loans are valued at their outstanding principal balance,	33613
without regard to any reserve for bad debts. If a loan is	33614
charged-off in whole or in part for federal income tax purposes,	33615
the portion of the loan charged-off is not outstanding. A	33616
specifically allocated reserve established pursuant to financial	33617
accounting guidelines which is treated as charged-off for federal	33618
income tax purposes shall be treated as charged-off for purposes	33619
of this section.	33620

(c) Credit card receivables are valued at their outstanding	33621
principal balance, without regard to any reserve for bad debts.	33622
If a credit card receivable is charged-off in whole or in part for	33623
federal income tax purposes, the portion of the receivable	33624
charged-off is not outstanding.	33625

(3) The average value of property owned by the taxpayer is	33626
computed on an annual basis by adding the value of the property on	33627
the first day of the taxable year and the value on the last day of	33628
the taxable year and dividing the sum by two. If averaging on	33629
this basis does not properly reflect average value, the tax	33630
commissioner may require averaging on a more frequent basis. The	33631
taxpayer may elect to average on a more frequent basis. When	33632
averaging on a more frequent basis is required by the tax	33633
commissioner or is elected by the taxpayer, the same method of	33634
valuation must be used consistently by the taxpayer with respect	33635
to property within and without this state and on all subsequent	33636
returns unless the taxpayer receives prior permission from the tax	33637
commissioner or the tax commissioner requires a different method	33638
of determining value.	33639

(4)(a) The average value of real property and tangible	33640
personal property that the taxpayer has rented from another and is	33641
not treated as property owned by the taxpayer for federal income	33642
tax purposes, shall be determined annually by multiplying the	33643
gross rents payable during the taxable year by eight.	33644

(b) Where the use of the general method described in	33645
division (D)(4)(a) of this section results in inaccurate	33646
valuations of rented property, any other method which properly	33647
reflects the value may be adopted by the tax commissioner or by	33648
the taxpayer when approved in writing by the tax commissioner.	33649
Once approved, such other method of valuation must be used on all	33650
subsequent returns unless the taxpayer receives prior approval	33651
from the tax commissioner or the tax commissioner requires a	33652
different method of valuation.	33653

(5)(a) Except as described in division (D)(5)(b) of this	33654
section, real property and tangible personal property owned by or	33655
rented to the taxpayer is considered to be located within this	33656
state if it is physically located, situated, or used within this	33657
state.	33658

(b) Transportation property is included in the numerator of	33659
the property factor to the extent that the property is used in	33660
this state. The extent an aircraft will be deemed to be used in	33661
this state and the amount of value that is to be included in the	33662
numerator of this state's property factor is determined by	33663
multiplying the average value of the aircraft by a fraction, the	33664
numerator of which is the number of landings of the aircraft in	33665
this state and the denominator of which is the total number of	33666
landings of the aircraft everywhere. If the extent of the use of	33667
any transportation property within this state cannot be	33668
determined, then the property will be deemed to be used wholly in	33669
the state in which the property has its principal base of	33670
operations. A motor vehicle will be deemed to be used wholly in	33671
the state in which it is registered.	33672

(6)(a)(i) A loan, other than a loan or advance described in	33673
division (D)(6)(d) of this section, is considered to be located	33674
within this state if it is properly assigned to a regular place of	33675
business of the taxpayer within this state.	33676

(ii) A loan is properly assigned to the regular place of	33677
business with which it has a preponderance of substantive	33678
contacts. A loan assigned by the taxpayer to a regular place of	33679
business without the state shall be presumed to have been properly	33680
assigned if:	33681

(I) The taxpayer has assigned, in the regular course of its	33682
business, such loan on its records to a regular place of business	33683
consistent with federal or state regulatory requirements;	33684

(II) Such assignment on its records is based upon	33685
substantive contacts of the load to such regular place of	33686
business; and	33687

(III) The taxpayer uses the records reflecting assignment of	33688
loans for the filing of all state and local tax returns for which	33689
an assignment of loans to a regular place of business is required.	33690

(iii) The presumption of proper assignment of a loan	33691
provided in division (D)(6)(a)(ii) of this section may be rebutted	33692
upon a showing by the tax commissioner, supported by a	33693
preponderance of the evidence, that the preponderance of	33694
substantive contacts regarding such loan did not occur at the	33695
regular place of business to which it was assigned on the	33696
taxpayer's records. When such presumption has been rebutted, the	33697
loan shall then be located within this state if (1) the taxpayer	33698
had a regular place of business within this state at the time the	33699
loan was made; and (2) the taxpayer fails to show, by a	33700
preponderance of the evidence, that the preponderance of	33701
substantive contacts regarding such load did not occur within this	33702
state.	33703

(b) In the case of a loan which is assigned by the taxpayer	33704
to a place without this state which is not a regular place of	33705
business, it shall be presumed, subject to rebuttal by the	33706
taxpayer on a showing supported by the preponderance of evidence,	33707
that the preponderance of substantive contacts regarding the loan	33708
occurred within this state if, at the time the loan was made the	33709
taxpayer's commercial domicile was within this state.	33710

(c) To determine the state in which the preponderance of	33711
substantive contacts relating to a loan have occurred, the facts	33712
and circumstances regarding the loan at issue shall be reviewed on	33713
a case-by-case basis and consideration shall be given to such	33714
activities as the solicitation, investigation, negotiation,	33715
approval, and administration of the loan. The terms	33716
"solicitation," "investigation," "negotiation," "approval," and	33717
"administration" are defined as follows:	33718

(i) "Solicitation" is either active or passive. Active	33719
solicitation occurs when an employee of the taxpayer initiates the	33720
contact with the customer. Such activity is located at the	33721
regular place of business which the taxpayer's employee is	33722
regularly connected with or working out of, regardless of where	33723
the services of such employee were actually performed. Passive	33724
solicitation occurs when the customer initiates the contact with	33725
the taxpayer. If the customer's initial contact was not at a	33726
regular place of business of the taxpayer, the regular place of	33727
business, if any, where the passive solicitation occurred is	33728
determined by the facts in each case.	33729

(ii) "Investigation" is the procedure whereby employees of	33730
the taxpayer determine the creditworthiness of the customer as	33731
well as the degree of risk involved in making a particular	33732
agreement. Such activity is located at the regular place of	33733
business which the taxpayer's employees are regularly connected	33734
with or working out of, regardless of where the services of such	33735
employees were actually performed.	33736

(iii) Negotiation is the procedure whereby employees of the	33737
taxpayer and its customer determine the terms of the agreement,	33738
such as the amount, duration, interest rate, frequency of	33739
repayment, currency denomination, and security required. Such	33740
activity is located at the regular place of business to which the	33741
taxpayer's employees are regularly connected or working from,	33742
regardless of where the services of such employees were actually	33743
performed.	33744

(iv) "Approval" is the procedure whereby employees or the	33745
board of directors of the taxpayer make the final determination	33746
whether to enter into the agreement. Such activity is located at	33747
the regular place of business to which the taxpayer's employees	33748
are regularly connected or working from, regardless of where the	33749
services of such employees were actually performed. If the board	33750
of directors makes the final determination, such activity is	33751
located at the commercial domicile of the taxpayer.	33752

(v) "Administration" is the process of managing the account.	33753
This process includes bookkeeping, collecting the payments,	33754
corresponding with the customer, reporting to management regarding	33755
the status of the agreement, and proceeding against the borrower	33756
or the security interest if the borrower is in default. Such	33757
activity is located at the regular place of business that oversees	33758
this activity.	33759

(d) A loan or advance to a subsidiary corporation at least	33760
fifty-one per cent of whose common stock is owned by the financial	33761
institution shall be allocated in and out of the state by the	33762
application of a ratio whose numerator is the sum of the net book	33763
value of the subsidiary's real property owned in this state and	33764
the subsidiary's tangible personal property owned in this state	33765
and whose denominator is the sum of the subsidiary's real property	33766
owned wherever located and the subsidiary's tangible personal	33767
property owned wherever located. For purposes of calculating this	33768
ratio, the taxpayer shall determine net book value in accordance	33769
with generally accepted accounting principles. If the subsidiary	33770
corporation owns at least fifty-one per cent of the common stock	33771
of another corporation, the ratio shall be calculated by including	33772
the other corporation's real property and tangible personal	33773
property. The calculation of the ratio applies with respect to	33774
all lower-tiered subsidiaries, provided that the immediate parent	33775
corporation of the subsidiary owns at least fifty-one per cent of	33776
the common stock of that subsidiary.	33777

(7) For purposes of determining the location of credit card	33778
receivables, credit card receivables shall be treated as loans and	33779
shall be subject to division (D)(6) of this section.	33780

(8) A loan that has been properly assigned to a state shall,	33781
absent any change of material fact, remain assigned to that state	33782
for the length of the original term of the loan. Thereafter, the	33783
loan may be properly assigned to another state if the loan has a	33784
preponderance of substantive contact to a regular place of	33785
business there.	33786

(E) A financial institution shall calculate the payroll	33787
factor as follows:	33788

(1) The payroll factor is a fraction, the numerator of which	33789
is the total amount paid in this state during the taxable year by	33790
the taxpayer for compensation, and the denominator of which is the	33791
total compensation paid both within and without this state during	33792
the taxable year.	33793

(2) Compensation is paid in this state if any one of the	33794
following tests, applied consecutively, is met:	33795

(a) The employee's services are performed entirely within	33796
this state.	33797

(b) The employee's services are performed both within and	33798
without this state, but the service performed without this state	33799
is incidental to the employee's service within this state. The	33800
term "incidental" means any service which is temporary or	33801
transitory in nature, or which is rendered in connection with an	33802
isolated transaction.	33803

(c) The employee's services are performed both within and	33804
without this state, and:	33805

(i) The employee's principal base of operations is within	33806
this state; or	33807

(ii) There is no principal base of operations in any state	33808
in which some part of the services are performed, but the place	33809
from which the services are directed or controlled is in this	33810
state; or	33811

(iii) The principal base of operations and the place from	33812
which the services are directed or controlled are not in any state	33813
in which some part of the service is performed but the employee's	33814
residence is in this state.	33815

(F) A financial institution shall calculate the sales factor	33816
as follows:	33817

(1) The sales factor is a fraction, the numerator of which	33818
is the receipts of the taxpayer in this state during the taxable	33819
year and the denominator of which is the receipts of the taxpayer	33820
within and without this state during the taxable year. The method	33821
of calculating receipts for purposes of the denominator is the	33822
same as the method used in determining receipts for purposes of	33823
the numerator.	33824

(2) The numerator of the sales factor includes receipts from	33825
the lease or rental of real property owned by the taxpayer if the	33826
property is located within this state, or receipts from the	33827
sublease of real property if the property is located within this	33828
state.	33829

(3)(a) Except as described in division (F)(3)(b) of this	33830
section the numerator of the sales factor includes receipts from	33831
the lease or rental of tangible personal property owned by the	33832
taxpayer if the property is located within this state when it is	33833
first placed in service by the lessee.	33834

(b) Receipts from the lease or rental of transportation	33835
property owned by the taxpayer are included in the numerator of	33836
the sales factor to the extent that the property is used in this	33837
state. The extent an aircraft will be deemed to be used in this	33838
state and the amount of receipts that is to be included in the	33839
numerator of this state's sales factor is determined by	33840
multiplying all the receipts from the lease or rental of the	33841
aircraft by a fraction, the numerator of which is the number of	33842
landings of the aircraft in this state and the denominator of	33843
which is the total number of landings of the aircraft. If the	33844
extent of the use of any transportation property within this state	33845
cannot be determined, then the property will be deemed to be used	33846
wholly in the state in which the property has its principal base	33847
of operations. A motor vehicle will be deemed to be used wholly	33848
in the state in which it is registered.	33849

(4)(a) The numerator of the sales factor includes interest	33850
and fees or penalties in the nature of interest from loans secured	33851
by real property if the property is located within this state. If	33852
the property is located both within this state and one or more	33853
other states, the receipts described in this paragraph are	33854
included in the numerator of the sales factor if more than fifty	33855
per cent of the fair market value of the real property is located	33856
within this state. If more than fifty per cent of the fair market	33857
value of the real property is not located within any one state,	33858
then the receipts described in this paragraph shall be included in	33859
the numerator of the sales factor if the borrower is located in	33860
this state.	33861

(b) The determination of whether the real property securing	33862
a loan is located within this state shall be made as of the time	33863
the original agreement was made and any and all subsequent	33864
substitutions of collateral shall be disregarded.	33865

(5) The numerator of the sales factor includes interest and	33866
fees or penalties in the nature of interest from loans not secured	33867
by real property if the borrower is located in this state.	33868

(6) The numerator of the sales factor includes net gains	33869
from the sale of loans. Net gains from the sale of loans includes	33870
income recorded under the coupon stripping rules of section 1286	33871
of the Internal Revenue Code.	33872

(a) The amount of net gains, but not less than zero, from	33873
the sale of loans secured by real property included in the	33874
numerator is determined by multiplying such net gains by a	33875
fraction the numerator of which is the amount included in the	33876
numerator of the sales factor pursuant to division (F)(4) of this	33877
section and the denominator of which is the total amount of	33878
interest and fees or penalties in the nature of interest from	33879
loans secured by real property.	33880

(b) The amount of net gains, but not less than zero, from	33881
the sale of loans not secured by real property included in the	33882
numerator is determined by multiplying such net gains by a	33883
fraction the numerator of which is the amount included in the	33884
numerator of the sales factor pursuant to division (F)(5) of this	33885
section and the denominator of which is the total amount of	33886
interest and fees or penalties in the nature of interest from	33887
loans not secured by real property.	33888

(7) The numerator of the sales factor includes interest and	33889
fees or penalties in the nature of interest from credit card	33890
receivables and receipts from fees charged to card holders, such	33891
as annual fees, if the billing address of the card holder is in	33892
this state.	33893

(8) The numerator of the sales factor includes net gains,	33894
but not less than zero, from the sale of credit card receivables	33895
multiplied by a fraction, the numerator of which is the amount	33896
included in the numerator of the sales factor pursuant to division	33897
(F)(7) of this section and the denominator of which is the	33898
taxpayer's total amount of interest and fees or penalties in the	33899
nature of interest from credit card receivables and fees charged	33900
to card holders.	33901

(9) The numerator of the sales factor includes all credit	33902
card issuer's reimbursement fees multiplied by a fraction, the	33903
numerator of which is the amount included in the numerator of the	33904
sales factor pursuant to division (F)(7) of this section and the	33905
denominator of which is the taxpayer's total amount of interest	33906
and fees or penalties in the nature of interest from credit card	33907
receivables and fees charged to card holders.	33908

(10) The numerator of the sales factor includes receipts	33909
from merchant discount if the commercial domicile of the merchant	33910
is in this state. Such receipts shall be computed net of any card	33911
holder charge backs, but shall not be reduced by any interchange	33912
transaction fees or by any issuer's reimbursement fees paid to	33913
another for charges made by its card holders.	33914

(11)(a)(i) The numerator of the sales factor includes loan	33915
servicing fees derived from loans secured by real property	33916
multiplied by a fraction the numerator of which is the amount	33917
included in the numerator of the sales factor pursuant to division	33918
(F)(4) of this section and the denominator of which is the total	33919
amount of interest and fees or penalties in the nature of interest	33920
from loans secured by real property.	33921

(ii) The numerator of the sales factor includes loan	33922
servicing fees derived from loans not secured by real property	33923
multiplied by a fraction the numerator of which is the amount	33924
included in the numerator of the sales factor pursuant to division	33925
(F)(5) of this section and the denominator of which is the total	33926
amount of interest and fees or penalties in the nature of interest	33927
from loans not secured by real property.	33928

(b) In circumstances in which the taxpayer receives loan	33929
servicing fees for servicing either the secured or the unsecured	33930
loans of another, the numerator of the sales factor shall include	33931
such fees if the borrower is located in this state.	33932

(12) The numerator of the sales factor includes receipts	33933
from services not otherwise apportioned under this section if the	33934
service is performed in this state. If the service is performed	33935
both within and without this state, the numerator of the sales	33936
factor includes receipts from services not otherwise apportioned	33937
under this section, if a greater proportion of the income	33938
producing activity is performed in this state based on cost of	33939
performance.	33940

(13)(a) Interest, dividends, net gains, but not less than	33941
zero, and other income from investment assets and activities and	33942
from trading assets and activities shall be included in the sales	33943
factor. Investment assets and activities and trading assets and	33944
activities include but are not limited to: investment securities;	33945
trading account assets; federal funds; securities purchased and	33946
sold under agreements to resell or repurchase; options; futures	33947
contracts; forward contracts; notional principal contracts such as	33948
swaps; equities; and foreign currency transactions. With respect	33949
to the investment and trading assets and activities described in	33950
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	33951
shall include the amounts described in such divisions.	33952

(i) The sales factor shall include the amount by which	33953
interest from federal funds sold and securities purchased under	33954
resale agreements exceeds interest expense on federal funds	33955
purchased and securities sold under repurchase agreements.	33956

(ii) The sales factor shall include the amount by which	33957
interest, dividends, gains, and other income from trading assets	33958
and activities, including, but not limited to, assets and	33959
activities in the matched book, in the arbitrage book, and foreign	33960
currency transactions, exceed amounts paid in lieu of interest,	33961
amounts paid in lieu of dividends, and losses from such assets and	33962
activities.	33963

(b) The numerator of the sales factor includes interest,	33964
dividends, net gains, but not less than zero, and other income	33965
from investment assets and activities and from trading assets and	33966
activities described in division (F)(13)(a) of this section that	33967
are attributable to this state.	33968

(i) The amount of interest, other than interest described in	33969
division (F)(13)(b)(iv) of this section, dividends, other than	33970
dividends described in that division, net gains, but not less than	33971
zero, and other income from investment assets and activities in	33972
the investment account to be attributed to this state and included	33973
in the numerator is determined by multiplying all such income from	33974
such assets and activities by a fraction, the numerator of which	33975
is the average value of such assets which are properly assigned to	33976
a regular place of business of the taxpayer within this state and	33977
the denominator of which is the average value of all such assets.	33978

(ii) The amount of interest from federal funds sold and	33979
purchased and from securities purchased under resale agreements	33980
and securities sold under repurchase agreements attributable to	33981
this state and included in the numerator is determined by	33982
multiplying the amount described in division (F)(13)(a)(i) of this	33983
section from such funds and such securities by a fraction, the	33984
numerator of which is the average value of federal funds sold and	33985
securities purchased under agreements to resell which are properly	33986
assigned to a regular place of business of the taxpayer within	33987
this state and the denominator of which is the average value of	33988
all such funds and such securities.	33989

(iii) The amount of interest, dividends, gains, and other	33990
income from trading assets and activities, including but not	33991
limited to assets and activities in the matched book, in the	33992
arbitrage book, and foreign currency transaction, but excluding	33993
amounts described in division (F)(13)(b)(i) or (ii) of this	33994
section, attributable to this state and included in the numerator	33995
is determined by multiplying the amount described in division	33996
(F)(13)(a)(ii) of this section by a fraction, the numerator of	33997
which is the average value of such trading assets which are	33998
properly assigned to a regular place of business of the taxpayer	33999
within this state and the denominator of which is the average	34000
value of all such assets.	34001

(iv) The amount of dividends received on the capital stock	34002
of, and the amount of interest received from loans and advances	34003
to, subsidiary corporations at least fifty-one per cent of whose	34004
common stock is owned by the reporting financial institution shall	34005
be allocated in and out of this state by the application of a	34006
ratio whose numerator is the sum of the net book value of the	34007
payor's real property owned in this state and the payor's tangible	34008
personal property owned in this state and whose denominator is the	34009
sum of the net book value of the payor's real property owned	34010
wherever located and the payor's tangible personal property owned	34011
wherever located. For purposes of calculating this ratio, the	34012
taxpayer shall determine net book value in accordance with	34013
generally accepted accounting principles.	34014

(v) For purposes of this division, average value shall be	34015
determined using the rules for determining the average value of	34016
tangible personal property set forth in division (D)(2) and (3) of	34017
this section.	34018

(c) In lieu of using the method set forth in division	34019
(F)(13)(b) of this section, the taxpayer may elect, or the tax	34020
commissioner may require in order to fairly represent the business	34021
activity of the taxpayer in this state, the use of the method set	34022
forth in division (F)(13)(c) of this section.	34023

(i) The amount of interest, other than interest described in	34024
division (F)(13)(b)(iv) of this section, dividends, other than	34025
dividends described in that division, net gains, but not less than	34026
zero, and other income from investment assets and activities in	34027
the investment account to be attributed to this state and included	34028
in the numerator is determined by multiplying all such income from	34029
such assets and activities by a fraction, the numerator of which	34030
is the gross income from such assets and activities which are	34031
properly assigned to a regular place of business of the taxpayer	34032
within this state, and the denominator of which is the gross	34033
income from all such assets and activities.	34034

(ii) The amount of interest from federal funds sold and	34035
purchased and from securities purchased under resale agreements	34036
and securities sold under repurchase agreements attributable to	34037
this state and included in the numerator is determined by	34038
multiplying the amount described in division (F)(13)(a)(i) of this	34039
section from such funds and such securities by a fraction, the	34040
numerator of which is the gross income from such funds and such	34041
securities which are properly assigned to a regular place of	34042
business of the taxpayer within this state and the denominator of	34043
which is the gross income from all such funds and such securities.	34044

(iii) The amount of interest, dividends, gains, and other	34045
income from trading assets and activities, including, but not	34046
limited to, assets and activities in the matched book, in the	34047
arbitrage book, and foreign currency transactions, but excluding	34048
amounts described in division (F)(13)(a)(i) or (ii) of this	34049
section, attributable to this state and included in the numerator,	34050
is determined by multiplying the amount described in division	34051
(F)(13)(a)(ii) of this section by a fraction, the numerator of	34052
which is the gross income from such trading assets and activities	34053
which are properly assigned to a regular place of business of the	34054
taxpayer within this state and the denominator of which is the	34055
gross income from all such assets and activities.	34056

(iv) The amount of dividends received on the capital stock	34057
of, and the amount of interest received from loans and advances	34058
to, subsidiary corporations at least fifty-one per cent of whose	34059
common stock is owned by the reporting financial institution shall	34060
be allocated in and out of this state by the application of a	34061
ratio whose numerator is the sum of the net book value of the	34062
payor's real property owned in this state and the payor's tangible	34063
personal property owned in this state and whose denominator is the	34064
sum of the payor's real property owned wherever located and the	34065
payor's tangible personal property owned wherever located. For	34066
purposes of calculating this ratio, the taxpayer shall determine	34067
net book value in accordance with generally accepted accounting	34068
principles.	34069

(d) If the taxpayer elects or is required by the tax	34070
commissioner to use the method set forth in division (F)(13)(c) of	34071
this section, it shall use this method on all subsequent returns	34072
unless the taxpayer receives prior permission from the tax	34073
commissioner to use or the tax commissioner requires a different	34074
method.	34075

(e) The taxpayer shall have the burden of proving that an	34076
investment asset or activity or trading asset or activity was	34077
properly assigned to a regular place of business outside of this	34078
state by demonstrating that the day-to-day decisions regarding the	34079
asset or activity occurred at a regular place of business outside	34080
this state. Where the day-to-day decisions regarding an	34081
investment asset or activity or trading asset or activity occur at	34082
more than one regular place of business and one such regular place	34083
of business is in this state and one such regular place of	34084
business is outside this state such asset or activity shall be	34085
considered to be located at the regular place of business of the	34086
taxpayer where the investment or trading policies or guidelines	34087
with respect to the asset or activity are established. Unless the	34088
taxpayer demonstrates to the contrary, such policies and	34089
guidelines shall be presumed to be established at the commercial	34090
domicile of the taxpayer.	34091

(14) The numerator of the sales factor includes all other	34092
receipts if either:	34093

(a) The income-producing activity is performed solely in	34094
this state; or	34095

(b) The income-producing activity is performed both within	34096
and without this state and a greater proportion of the	34097
income-producing activity is performed within this state than in	34098
any other state, based on costs of performance.	34099

(G) A qualified institution may calculate the base upon	34100
which the fee provided for in division (D) of section 5733.06 (D)	34101
of the revised code Revised Code is determined for each of the tax	34102
years 1998, 1999, 2000, and 2001, 2002, and 2003 by multiplying	34103
the value of its issued and outstanding shares of stock determined	34104
under division (B) of this section by a single deposits fraction	34105
whose numerator is the deposits assigned to branches in this state	34106
and whose denominator is the deposits assigned to branches	34107
everywhere. Deposits shall be assigned to branches in the same	34108
manner in which the assignment is made for regulatory purposes. If	34109
the base calculated under this division is less than the base	34110
calculated under division (C) of this section, then the qualifying	34111
institution may elect to substitute the base calculated under this	34112
division for the base calculated under division (C) of this	34113
section. Such election may be made annually for each of the tax	34114
years 1998, 1999, 2000, and 2001, 2002, and 2003 on the corporate	34115
report. The election need not accompany the report; rather, the	34116
election may accompany a subsequently filed but timely application	34117
for refund, a subsequently filed but timely amended report, or a	34118
subsequently filed but timely petition for reassessment. The	34119
election is not irrevocable and it applies only to the specified	34120
tax year. Nothing in this division shall be construed to extend	34121
any statute of limitations set forth in this chapter	34122

(H) If the apportionment provisions of this section do not	34123
fairly represent the extent of the taxpayer's business activity in	34124
this state, the taxpayer may petition for or the tax commissioner	34125
may require, in respect to all or any part of the taxpayer's	34126
business activity, if reasonable:	34127

(1) Separate accounting;

34128

(2) The exclusion of any one or more of the factors;

34129

(3) The inclusion of one or more additional factors which	34130
will fairly represent the taxpayer's business activity in this	34131
state; or	34132

(4) The employment of any other method to effectuate an	34133
equitable allocation and apportionment of the taxpayer's value.	34134

Sec. 5733.06.  The tax hereby charged each corporation	34135
subject to this chapter shall be the greater of the sum of	34136
divisions (A) and (B) of this section, after the reduction, if	34137
any, provided by division (J) of this section, or division (C) of	34138
this section, after the reduction, if any, provided by division	34139
(J) of this section, except that the tax hereby charged each	34140
financial institution subject to this chapter shall be the amount	34141
computed under division (D) of this section:	34142

(A) Except as set forth in division (F) of this section,	34143
five and one-tenth per cent upon the first fifty thousand dollars	34144
of the value of the taxpayer's issued and outstanding shares of	34145
stock as determined under division (B) of section 5733.05 of the	34146
Revised Code;	34147

(B) Except as set forth in division (F) of this section,	34148
eight and one-half per cent upon the value so determined in excess	34149
of fifty thousand dollars; or	34150

(C) Except as otherwise provided under division (G) of this	34151
section, four mills times that portion of the value of the issued	34152
and outstanding shares of stock as determined under division (C)	34153
of section 5733.05 of the Revised Code. For the purposes of	34154
division (C) of this section, division (C)(2) of section 5733.065,	34155
and division (C) of section 5733.066 of the Revised Code, the	34156
value of the issued and outstanding shares of stock of a qualified	34157
holding company is zero.	34158

(D) The tax charged each financial institution subject to	34159
this chapter shall be that portion of the value of the issued and	34160
outstanding shares of stock as determined under division (A) of	34161
section 5733.05 of the Revised Code, multiplied by the following	34162
amounts:	34163

(1) For tax years prior to the 1999 tax year, fifteen mills;

34164

(2) For the 1999 tax year, fourteen mills;

34165

(3) For tax year 2000 and thereafter, thirteen mills.

34166

(E) No tax shall be charged from any corporation that has	34167
been adjudicated bankrupt, or for which a receiver has been	34168
appointed, or that has made a general assignment for the benefit	34169
of creditors, except for the portion of the then current tax year	34170
during which the tax commissioner finds such corporation had the	34171
power to exercise its corporate franchise unimpaired by such	34172
proceedings or act. The minimum payment for all corporations	34173
shall be fifty dollars.	34174

The tax charged to corporations under this chapter for the	34175
privilege of engaging in business in this state, which is an	34176
excise tax levied on the value of the issued and outstanding	34177
shares of stock, shall in no manner be construed as prohibiting or	34178
otherwise limiting the powers of municipal corporations, joint	34179
economic development zones created under section 715.691 of the	34180
Revised Code, and joint economic development districts created	34181
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	34182
Revised Code in this state to impose an income tax on the income	34183
of such corporations.	34184

(F) If two or more taxpayers satisfy the ownership or	34185
control requirements of division (A) of section 5733.052 of the	34186
Revised Code, each such taxpayer shall substitute "the taxpayer's	34187
pro-rata amount" for "fifty thousand dollars" in divisions (A) and	34188
(B) of this section. For purposes of this division, "the	34189
taxpayer's pro-rata amount" is an amount that, when added to the	34190
other such taxpayers' pro-rata amounts, does not exceed fifty	34191
thousand dollars. For the purpose of making that computation, the	34192
taxpayer's pro-rata amount shall not be less than zero. Nothing	34193
in this division derogates from or eliminates the requirement to	34194
make the alternative computation of tax under division (C) of this	34195
section.	34196

(G) The tax liability of any corporation under division (C)	34197
of this section shall not exceed one hundred fifty thousand	34198
dollars.	34199

(H)(1) For the purposes of division (H) of this section,	34200
"exiting corporation" means a corporation that satisfies all of	34201
the following conditions:	34202

(a) The corporation had nexus with or in this state under	34203
the Constitution of the United States during any portion of a	34204
calendar year;	34205

(b) The corporation was not a corporation described in	34206
division (A) of section 5733.01 of the Revised Code on the first	34207
day of January immediately following that calendar year;	34208

(c) The corporation was not a financial institution on the	34209
first day of January immediately following that calendar year;	34210

(d) If the corporation was a transferor as defined in	34211
section 5733.053 of the Revised Code, the corporation's transferee	34212
was not required to add to the transferee's net income the income	34213
of the transferor pursuant to division (B) of that section;	34214

(e) During any portion of that calendar year, or any portion	34215
of the immediately preceding calendar year, the corporation had	34216
net income that was not included in a report filed by the	34217
corporation or its transferee pursuant to section 5733.02,	34218
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	34219

(f) The corporation would have been subject to the tax	34220
computed under divisions (A), (B), (C), (F), and (G) of this	34221
section if the corporation is assumed to be a corporation	34222
described in division (A) of section 5733.01 of the Revised Code	34223
on the first day of January immediately following the calendar	34224
year to which division (H)(1)(a) of this section refers.	34225

(2) For the purposes of division (H) of this section,	34226
"unreported net income" means net income that was not previously	34227
included in a report filed pursuant to section 5733.02, 5733.021,	34228
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	34229
realized or recognized during the calendar year to which	34230
division (H)(1) of this section refers or the immediately	34231
preceding calendar year.	34232

(3) Each exiting corporation shall pay a tax computed by	34233
first allocating and apportioning the unreported net income	34234
pursuant to division (B) of section 5733.05 and section 5733.051	34235
and, if applicable, section 5733.052 of the Revised Code. The	34236
exiting corporation then shall compute the tax due on its	34237
unreported net income allocated and apportioned to this state by	34238
applying divisions (A), (B), and (F) of this section to that	34239
income.	34240

(4) Divisions (C) and (G) of this section, division (D)(2)	34241
of section 5733.065, and division (C) of section 5733.066 of the	34242
Revised Code do not apply to an exiting corporation, but exiting	34243
corporations are subject to every other provision of this chapter.	34244

(5) Notwithstanding division (B) of section 5733.01 or	34245
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	34246
contrary, each exiting corporation shall report and pay the tax	34247
due under division (H) of this section on or before the	34248
thirty-first day of May immediately following the calendar year to	34249
which division (H)(1)(a) of this section refers. The exiting	34250
corporation shall file that report on the form most recently	34251
prescribed by the tax commissioner for the purposes of complying	34252
with sections 5733.02 and 5733.03 of the Revised Code. Upon	34253
request by the corporation, the tax commissioner may extend the	34254
date for filing the report.	34255

(6) If, on account of the application of section 5733.053 of	34256
the Revised Code, net income is subject to the tax imposed by	34257
divisions (A) and (B) of this section, such income shall not be	34258
subject to the tax imposed by division (H)(3) of this section.	34259

(7) The amendments made to division (H) of this section by	34260
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	34261
any transfer, as defined in section 5733.053 of the Revised Code,	34262
for which negotiations began prior to January 1, 2001, and that	34263
was commenced in and completed during calendar year 2001, unless	34264
the taxpayer makes an election prior to December 31, 2001, to	34265
apply the section.	34266

(8) The tax commissioner may adopt rules governing division	34267
(H) of this section.	34268

(I) Any reference in the Revised Code to "the tax imposed by	34269
section 5733.06 of the Revised Code" or "the tax due under section	34270
5733.06 of the Revised Code" includes the taxes imposed under	34271
sections 5733.065 and 5733.066 of the Revised Code.	34272

(J)(1) Division (J) of this section applies solely to a	34273
combined company. Section 5733.057 of the Revised Code shall	34274
apply when calculating the adjustments required by division (J) of	34275
this section.	34276

(2) Subject to division (J)(4) of this section, the total	34277
tax calculated in divisions (A) and (B) of this section shall be	34278
reduced by an amount calculated by multiplying such tax by a	34279
fraction, the numerator of which is the total taxable gross	34280
receipts attributed to providing public utility activity other	34281
than as an electric company under section 5727.03 of the Revised	34282
Code for the year upon which the taxable gross receipts are	34283
measured immediately preceding the tax year, and the denominator	34284
of which is the total gross receipts from all sources for the year	34285
upon which the taxable gross receipts are measured immediately	34286
preceding the tax year. Nothing herein shall be construed to	34287
exclude from the denominator any item of income described in	34288
section 5733.051 of the Revised Code.	34289

(3) Subject to division (J)(4) of this section, the total	34290
tax calculated in division (C) of this section shall be reduced by	34291
an amount calculated by multiplying such tax by the fraction	34292
described in division (J)(2) of this section.	34293

(4) In no event shall the reduction provided by division	34294
(J)(2) or (J)(3) of this section exceed the amount of the excise	34295
tax paid in accordance with section 5727.38 of the Revised Code,	34296
for the year upon which the taxable gross receipts are measured	34297
immediately preceding the tax year.	34298

Sec. 5733.122.  Between the first and fifteenth days of July	34299
each year, the tax commissioner shall certify to the director of	34300
budget and management the total reported liability of the taxes or	34301
surcharges levied in the second preceding year under sections	34302
5733.065 and 5733.066 of the Revised Code. Notwithstanding section	34303
5733.12 of the Revised Code, during the period July 1, 1980, to	34304
December 31, 1981, four million dollars received by the treasurer	34305
of state under this chapter the total amount certified in each	34306
year less an amount to be retained by the department of taxation	34307
for expenses resulting from the administration of the taxes or	34308
surcharges levied under sections 5733.065 and 5733.066 of the	34309
Revised Code shall be credited to the recycling and litter	34310
prevention fund created by section 1502.02 of the Revised Code.	34311
Thereafter, during each of the consecutive six-month periods	34312
beginning January 1, 1982, five million dollars from amounts	34313
received by the treasurer of state under this chapter shall be	34314
credited to that fund. No amount shall be credited to the local	34315
government fund from any receipts credited to the recycling and	34316
litter prevention fund under this section.	34317

The office of budget and mangement shall provide the	34318
treasurer of state with a monthly schedule in accordance with	34319
which the amounts shall be credited.	34320

Sec. 5733.401.  (A) As used in this section:

34321

(1) "Investment pass-through entity" means a pass-through	34322
entity having for its qualifying taxable year at least ninety per	34323
cent of its gross income from transaction fees in connection with	34324
the acquisition, ownership, or disposition of intangible property,	34325
loan fees, financing fees, consent fees, waiver fees, application	34326
fees, net management fees, dividend income, interest income, net	34327
capital gains from the sale or exchange of intangible property, or	34328
distributive shares of income from pass-through entities; and	34329
having for its qualifying taxable year at least ninety per cent of	34330
the net book value of its assets represented by intangible assets.	34331
Such percentages shall be the quarterly average of those	34332
percentages as calculated during the pass-through entity's taxable	34333
year.	34334

(2) "Net management fees" means management fees that a	34335
pass-through entity earns or receives from all sources, reduced by	34336
management fees that the pass-through entity incurs or pays to any	34337
person.	34338

(B) For the purposes of divisions (A) and (C) of this	34339
section only, an investment in a pass-through entity shall be	34340
deemed to be an investment in an intangible asset.	34341

(C) Except as otherwise provided in division (D) of this	34342
section, for the purposes of division (A) of section 5733.40 of	34343
the Revised Code, an investment pass-through entity shall exclude	34344
from the calculation of the adjusted qualifying amount all	34345
transaction fees in connection with the acquisition, ownership, or	34346
disposition of intangible property,; loan fees,; financing fees,;	34347
consent fees,; waiver fees,; application fees,; net management	34348
fees, but if such fees exceed five per cent of the entity's net	34349
income calculated in accordance with generally accepted accounting	34350
principles, all net management fees shall be included in the	34351
calculation of the adjusted qualifying amount; dividend income,;	34352
interest income,; net capital gains from the sale or exchange of	34353
intangible property,; and all types and classifications of income	34354
attributable to distributive shares of income from other	34355
pass-through entities. Nothing in this division shall be	34356
construed to provide for an exclusion of any item from adjusted	34357
qualifying amount more than once.	34358

(D) Sections 5733.057 and 5747.231 of the Revised Code do	34359
not apply for the purposes of making the determinations required	34360
by division (A) of this section or claiming the exclusion provided	34361
by division (C) of this section.	34362

Sec. 5733.42.  (A) As used in this section:

34363

(1) "Eligible training program" means a program to provide	34364
job skills to eligible employees who are unable effectively to	34365
function on the job due to skill deficiencies or who would	34366
otherwise be displaced because of their skill deficiencies or	34367
inability to use new technology, or to provide job skills to	34368
eligible employees that enable them to perform other job duties	34369
for the taxpayer. Eligible training programs do not include	34370
executive, management, or personal enrichment training programs,	34371
or training programs intended exclusively for personal career	34372
development.	34373

(2) "Eligible employee" means an individual who is employed	34374
in this state by a taxpayer and has been so employed by the same	34375
taxpayer for at least one hundred eighty consecutive days before	34376
the day an application for the credit is filed under this section.	34377
"Eligible employee" does not include any employee for which a	34378
credit is claimed pursuant to division (A)(5) of section 5709.65	34379
of the Revised Code for all or any part of the same year, an	34380
employee who is not a full-time employee, or executive or	34381
managerial personnel except for the immediate supervisors of	34382
nonexecutive, nonmanagerial personnel.	34383

(3) "Eligible training costs" means:

34384

(a) Direct instructional costs, such as instructor salaries,	34385
materials and supplies, textbooks and manuals, videotapes, and	34386
other instructional media and training equipment used exclusively	34387
for the purpose of training eligible employees;	34388

(b) Wages paid to eligible employees for time devoted	34389
exclusively to an eligible training program during normal paid	34390
working hours.	34391

(4) "Full-time employee" means an individual who is employed	34392
for consideration for at least thirty-five hours per week, or who	34393
renders any other standard of service generally accepted by custom	34394
or specified by contract as full-time employment.	34395

(5) "Partnership" includes a limited liability company formed	34396
under Chapter 1705. of the Revised Code or under the laws of	34397
another state, provided that the company is not classified for	34398
federal income tax purposes as an association taxable as a	34399
corporation.	34400

(B) There is hereby allowed a nonrefundable credit against	34401
the tax imposed by section 5733.06 of the Revised Code for	34402
taxpayers for which a tax credit certificate is issued under	34403
division (C) of this section. The credit may not be claimed for	34404
any tax year after tax year years 2004, except for amounts carried	34405
forward to subsequent tax years to the extent allowed under	34406
division (J) of this section 2005, and 2006, but may not be	34407
claimed for tax years 2002 and 2003. The amount of the credit for	34408
each tax year shall equal one-half of the average of the eligible	34409
training costs paid or incurred by the taxpayer during the three	34410
calendar years immediately preceding the tax year for which the	34411
credit is claimed, not to exceed one thousand dollars for each	34412
eligible employee on account of whom eligible training costs were	34413
paid or incurred by the taxpayer during those calendar years.	34414
The credit claimed by a taxpayer each tax year shall not exceed	34415
one hundred thousand dollars.	34416

(C) A taxpayer who proposes to conduct an eligible training	34417
program may apply to the director of job and family services for a	34418
tax credit certificate under this section. The taxpayer may apply	34419
for such a certificate for each tax year with respect to a	34420
calendar year in which the taxpayer paid or incurred eligible	34421
training costs, subject to division (L) of this section. The	34422
director shall prescribe the form of the application, which shall	34423
require a detailed description of the proposed training program.	34424
The director may require applicants to remit an application fee	34425
with each application filed with the director. The fee shall not	34426
exceed the reasonable and necessary expenses incurred by the	34427
director in receiving, reviewing, and approving such applications	34428
and issuing tax credit certificates. Proceeds from fees shall be	34429
used solely for the purpose of receiving, reviewing, and approving	34430
such applications and issuing such certificates.	34431

After receipt of an application, the director shall authorize	34432
a credit under this section by issuing a tax credit certificate,	34433
in the form prescribed by the director, if the director determines	34434
all of the following:	34435

(1) The proposed training program is an eligible training	34436
program under this section;	34437

(2) The proposed training program is economically sound and	34438
will benefit the people of this state by improving workforce	34439
skills and strengthening the economy of this state;	34440

(3) Receiving the tax credit is a major factor in the	34441
taxpayer's decision to go forward with the training program;	34442

(4) Authorization of the credit is consistent with division	34443
(H) of this section.	34444

The credit also is allowed for a taxpayer that is a partner	34445
in a partnership that pays or incurs eligible training costs. Such	34446
a taxpayer shall determine the taxpayer's credit amount in the	34447
manner prescribed by division (K) of this section.	34448

(D) If the director of job and family services denies an	34449
application for a tax credit certificate, the director shall send	34450
notice of the denial and the reason for denial to the applicant by	34451
certified mail, return receipt requested. If the director	34452
determines that an authorized training program, as actually	34453
conducted, fails to meet the requirements of this section or to	34454
comply with any condition set forth in the authorization, the	34455
director may reduce the amount of the tax credit previously	34456
granted. If the director reduces a tax credit, the director shall	34457
send notice of the reduction and the reason for the reduction to	34458
the taxpayer by certified mail, return receipt requested, and	34459
shall certify the reduction to the tax commissioner or, in the	34460
case of the reduction of a credit claimed by an insurance company,	34461
the superintendent of insurance. The tax commissioner or	34462
superintendent of insurance shall reduce the credit that may be	34463
claimed by the taxpayer accordingly. Within sixty days after	34464
receiving a notice of denial or notice of reduction of the tax	34465
credit, an applicant or taxpayer may request, in writing, a	34466
hearing before the director to review the denial or reduction.	34467
Within sixty days after receiving a request that is filed within	34468
the prescribed time, the director shall hold such a hearing at a	34469
location to be determined by the director. Within thirty days	34470
after the hearing is adjourned, the director shall issue a	34471
redetermination affirming, reversing, or modifying the denial or	34472
reduction of the tax credit and send notice of the redetermination	34473
to the applicant or taxpayer by certified mail, return receipt	34474
requested, and shall issue a notice of the redetermination to the	34475
tax commissioner or superintendent of insurance. If an applicant	34476
or taxpayer is aggrieved by the director's redetermination, the	34477
applicant or taxpayer may appeal the redetermination to the board	34478
of tax appeals in the manner prescribed by section 5717.02 of the	34479
Revised Code.	34480

(E) A taxpayer to which a tax credit certificate is issued	34481
shall retain records indicating the eligible training costs it	34482
pays or incurs for the eligible training program for which the	34483
certificate is issued for four years following the end of the tax	34484
year for which the credit is claimed. Such records shall be open	34485
to inspection by the director of job and family services upon the	34486
director's request during business hours.	34487

Financial statements and other information submitted by an	34488
applicant to the director of job and family services for a tax	34489
credit under this section, and any information taken for any	34490
purpose from such statements or information, are not public	34491
records subject to section 149.43 of the Revised Code. However,	34492
the director of job and family services, the tax commissioner, or	34493
superintendent of insurance may make use of the statements and	34494
other information for purposes of issuing public reports or in	34495
connection with court proceedings concerning tax credits allowed	34496
under this section and sections 5725.31, 5729.07, and 5747.39 of	34497
the Revised Code.	34498

(F) The director of job and family services, in accordance	34499
with Chapter 119. of the Revised Code, shall adopt rules necessary	34500
to implement this section and sections 5725.31, 5729.07, and	34501
5747.39 of the Revised Code. The rules shall be adopted after	34502
consultation with the tax commissioner and the superintendent of	34503
insurance. At the time the director gives public notice under	34504
division (A) of section 119.03 of the Revised Code of the adoption	34505
of the rules, the director shall submit copies of the proposed	34506
rules to the chairpersons and ranking minority members of the	34507
standing committees in the senate and the house of representatives	34508
to which legislation on economic development matters are	34509
customarily referred.	34510

(G) On or before the thirtieth day of September of 2001,	34511
2002, 2003, and 2004, 2005, and 2006, the director of job and	34512
family services shall submit a report to the governor, the	34513
president of the senate, and the speaker of the house of	34514
representatives on the tax credit program under this section and	34515
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	34516
report shall include information on the number of training	34517
programs that were authorized under those sections during the	34518
preceding calendar year, a description of each authorized training	34519
program, the dollar amounts of the credits granted, and an	34520
estimate of the impact of the credits on the economy of this	34521
state.	34522

(H) The aggregate amount of credits authorized under this	34523
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	34524
Code shall not exceed twenty million dollars per calendar year. No	34525
more than ten million dollars in credits per calendar year shall	34526
be authorized for persons engaged primarily in manufacturing. No	34527
less than five million dollars in credits per calendar year shall	34528
be set aside for persons engaged primarily in activities other	34529
than manufacturing and having fewer than five hundred employees.	34530
Subject to such limits, credits shall be authorized for applicants	34531
meeting the requirements of this section in the order in which	34532
they submit complete and accurate applications.	34533

(I) A nonrefundable credit allowed under this section shall	34534
be claimed in the order required under section 5733.98 of the	34535
Revised Code.	34536

(J) The taxpayer may carry forward any credit amount in	34537
excess of its tax due after allowing for any other credits that	34538
precede the credit under this section in the order required under	34539
section 5733.98 of the Revised Code. The excess credit may be	34540
carried forward for three years following the tax year for which	34541
it is first claimed under this section.	34542

(K) A taxpayer that is a partner in a partnership on the	34543
last day of the third calendar year of the three-year period	34544
during which the partnership pays or incurs eligible training	34545
costs may claim a credit under this section for the tax year	34546
immediately following that calendar year. The amount of a	34547
partner's credit equals the partner's interest in the partnership	34548
on the last day of such calendar year multiplied by the credit	34549
available to the partnership as computed by the partnership.	34550

(L) The director of job and family services shall not	34551
authorize any credits under this section and sections 5725.31,	34552
5729.07, and 5747.39 of the Revised Code for eligible training	34553
costs paid or incurred after December 31, 2003 2005.	34554

Sec. 5739.01.  As used in this chapter:

34555

(A) "Person" includes individuals, receivers, assignees,	34556
trustees in bankruptcy, estates, firms, partnerships,	34557
associations, joint-stock companies, joint ventures, clubs,	34558
societies, corporations, the state and its political subdivisions,	34559
and combinations of individuals of any form.	34560

(B) "Sale" and "selling" include all of the following	34561
transactions for a consideration in any manner, whether absolutely	34562
or conditionally, whether for a price or rental, in money or by	34563
exchange, and by any means whatsoever:	34564

(1) All transactions by which title or possession, or both,	34565
of tangible personal property, is or is to be transferred, or a	34566
license to use or consume tangible personal property is or is to	34567
be granted;	34568

(2) All transactions by which lodging by a hotel is or is to	34569
be furnished to transient guests;	34570

(3) All transactions by which:

34571

(a) An item of tangible personal property is or is to be	34572
repaired, except property, the purchase of which would be exempt	34573
from the tax imposed by section 5739.02 of the Revised Code;	34574

(b) An item of tangible personal property is or is to be	34575
installed, except property, the purchase of which would be exempt	34576
from the tax imposed by section 5739.02 of the Revised Code or	34577
property that is or is to be incorporated into and will become a	34578
part of a production, transmission, transportation, or	34579
distribution system for the delivery of a public utility service;	34580

(c) The service of washing, cleaning, waxing, polishing, or	34581
painting a motor vehicle is or is to be furnished;	34582

(d) Industrial laundry cleaning services are or are to be	34583
provided;	34584

(e) Automatic data processing, computer services, or	34585
electronic information services are or are to be provided for use	34586
in business when the true object of the transaction is the receipt	34587
by the consumer of automatic data processing, computer services,	34588
or electronic information services rather than the receipt of	34589
personal or professional services to which automatic data	34590
processing, computer services, or electronic information services	34591
are incidental or supplemental. Notwithstanding any other	34592
provision of this chapter, such transactions that occur between	34593
members of an affiliated group are not sales. An affiliated group	34594
means two or more persons related in such a way that one person	34595
owns or controls the business operation of another member of the	34596
group. In the case of corporations with stock, one corporation	34597
owns or controls another if it owns more than fifty per cent of	34598
the other corporation's common stock with voting rights.	34599

(f) Telecommunications service is provided that originates	34600
or terminates in this state and is charged in the records of the	34601
telecommunications service vendor to the consumer's telephone	34602
number or account in this state, or that both originates and	34603
terminates in this state; but does not include transactions by	34604
which telecommunications service is paid for by using a prepaid	34605
authorization number or prepaid telephone calling card, or by	34606
which local telecommunications service is obtained from a	34607
coin-operated telephone and paid for by using coin;	34608

(g) Landscaping and lawn care service is or is to be	34609
provided;	34610

(h) Private investigation and security service is or is to	34611
be provided;	34612

(i) Information services or tangible personal property is	34613
provided or ordered by means of a nine hundred telephone call;	34614

(j) Building maintenance and janitorial service is or is to	34615
be provided;	34616

(k) Employment service is or is to be provided;

34617

(l) Employment placement service is or is to be provided;

34618

(m) Exterminating service is or is to be provided;

34619

(n) Physical fitness facility service is or is to be	34620
provided;	34621

(o) Recreation and sports club service is or is to be	34622
provided.	34623

(4) All transactions by which printed, imprinted,	34624
overprinted, lithographic, multilithic, blueprinted, photostatic,	34625
or other productions or reproductions of written or graphic matter	34626
are or are to be furnished or transferred;	34627

(5) The production or fabrication of tangible personal	34628
property for a consideration for consumers who furnish either	34629
directly or indirectly the materials used in the production of	34630
fabrication work; and include the furnishing, preparing, or	34631
serving for a consideration of any tangible personal property	34632
consumed on the premises of the person furnishing, preparing, or	34633
serving such tangible personal property. Except as provided in	34634
section 5739.03 of the Revised Code, a construction contract	34635
pursuant to which tangible personal property is or is to be	34636
incorporated into a structure or improvement on and becoming a	34637
part of real property is not a sale of such tangible personal	34638
property. The construction contractor is the consumer of such	34639
tangible personal property, provided that the sale and	34640
installation of carpeting, the sale and installation of	34641
agricultural land tile, the sale and erection or installation of	34642
portable grain bins, or the provision of landscaping and lawn care	34643
service and the transfer of property as part of such service is	34644
never a construction contract. The transfer of copyrighted motion	34645
picture films for exhibition purposes is not a sale, except such	34646
films as are used solely for advertising purposes. Other than as	34647
provided in this section, "sale" and "selling" do not include	34648
professional, insurance, or personal service transactions which	34649
that involve the transfer of tangible personal property as an	34650
inconsequential element, for which no separate charges are made.	34651

As used in division (B)(5) of this section:

34652

(a) "Agricultural land tile" means fired clay or concrete	34653
tile, or flexible or rigid perforated plastic pipe or tubing,	34654
incorporated or to be incorporated into a subsurface drainage	34655
system appurtenant to land used or to be used directly in	34656
production by farming, agriculture, horticulture, or floriculture.	34657
The term does not include such materials when they are or are to	34658
be incorporated into a drainage system appurtenant to a building	34659
or structure even if the building or structure is used or to be	34660
used in such production.	34661

(b) "Portable grain bin" means a structure that is used or	34662
to be used by a person engaged in farming or agriculture to	34663
shelter the person's grain and that is designed to be disassembled	34664
without significant damage to its component parts.	34665

(6) All transactions in which all of the shares of stock of	34666
a closely held corporation are transferred, if the corporation is	34667
not engaging in business and its entire assets consist of boats,	34668
planes, motor vehicles, or other tangible personal property	34669
operated primarily for the use and enjoyment of the shareholders;	34670

(7) All transactions in which a warranty, maintenance or	34671
service contract, or similar agreement by which the vendor of the	34672
warranty, contract, or agreement agrees to repair or maintain the	34673
tangible personal property of the consumer is or is to be	34674
provided;	34675

(8) All transactions by which a prepaid authorization number	34676
or a prepaid telephone calling card is or is to be transferred.	34677

(C) "Vendor" means the person providing the service or by	34678
whom the transfer effected or license given by a sale is or is to	34679
be made or given and, for sales described in division (B)(3)(i) of	34680
this section, the telecommunications service vendor that provides	34681
the nine hundred telephone service; if two or more persons are	34682
engaged in business at the same place of business under a single	34683
trade name in which all collections on account of sales by each	34684
are made, such persons shall constitute a single vendor.	34685

Physicians, dentists, hospitals, and veterinarians who are	34686
engaged in selling tangible personal property as received from	34687
others, such as eyeglasses, mouthwashes, dentifrices, or similar	34688
articles, are vendors. Veterinarians who are engaged in	34689
transferring to others for a consideration drugs, the dispensing	34690
of which does not require an order of a licensed veterinarian or	34691
physician under federal law, are vendors.	34692

(D)(1) "Consumer" means the person for whom the service is	34693
provided, to whom the transfer effected or license given by a sale	34694
is or is to be made or given, to whom the service described in	34695
division (B)(3)(f) or (i) of this section is charged, or to whom	34696
the admission is granted.	34697

(2) Physicians, dentists, hospitals, and blood banks	34698
operated by nonprofit institutions and persons licensed to	34699
practice veterinary medicine, surgery, and dentistry are consumers	34700
of all tangible personal property and services purchased by them	34701
in connection with the practice of medicine, dentistry, the	34702
rendition of hospital or blood bank service, or the practice of	34703
veterinary medicine, surgery, and dentistry. In addition to being	34704
consumers of drugs administered by them or by their assistants	34705
according to their direction, veterinarians also are consumers of	34706
drugs that under federal law may be dispensed only by or upon the	34707
order of a licensed veterinarian or physician, when transferred by	34708
them to others for a consideration to provide treatment to animals	34709
as directed by the veterinarian.	34710

(3) A person who performs a facility management, or similar	34711
service contract for a contractee is a consumer of all tangible	34712
personal property and services purchased for use in connection	34713
with the performance of such contract, regardless of whether title	34714
to any such property vests in the contractee. The purchase of	34715
such property and services is not subject to the exception for	34716
resale under division (E)(1) of this section.	34717

(4)(a) In the case of a person who purchases printed matter	34718
for the purpose of distributing it or having it distributed to the	34719
public or to a designated segment of the public, free of charge,	34720
that person is the consumer of that printed matter, and the	34721
purchase of that printed matter for that purpose is a sale.	34722

(b) In the case of a person who produces, rather than	34723
purchases, printed matter for the purpose of distributing it or	34724
having it distributed to the public or to a designated segment of	34725
the public, free of charge, that person is the consumer of all	34726
tangible personal property and services purchased for use or	34727
consumption in the production of that printed matter. That person	34728
is not entitled to claim exception under division (E)(8) of this	34729
section for any material incorporated into the printed matter or	34730
any equipment, supplies, or services primarily used to produce the	34731
printed matter.	34732

(c) The distribution of printed matter to the public or to a	34733
designated segment of the public, free of charge, is not a sale to	34734
the members of the public to whom the printed matter is	34735
distributed or to any persons who purchase space in the printed	34736
matter for advertising or other purposes.	34737

(5) A person who makes sales of any of the services listed	34738
in division (B)(3) of this section is the consumer of any tangible	34739
personal property used in performing the service. The purchase of	34740
that property is not subject to the resale exception under	34741
division (E)(1) of this section.	34742

(E) "Retail sale" and "sales at retail" include all sales	34743
except those in which the purpose of the consumer is:	34744

(1) To resell the thing transferred or benefit of the	34745
service provided, by a person engaging in business, in the form in	34746
which the same is, or is to be, received by the person;	34747

(2) To incorporate the thing transferred as a material or a	34748
part, into tangible personal property to be produced for sale by	34749
manufacturing, assembling, processing, or refining, or to use or	34750
consume the thing transferred directly in producing a product for	34751
sale by mining, including without limitation the extraction from	34752
the earth of all substances which that are classed geologically as	34753
minerals, production of crude oil and natural gas, farming,	34754
agriculture, horticulture, or floriculture, and persons engaged in	34755
rendering farming, agricultural, horticultural, or floricultural	34756
services, and services in the exploration for, and production of,	34757
crude oil and natural gas, for others are deemed engaged directly	34758
in farming, agriculture, horticulture, and floriculture, or	34759
exploration for, and production of, crude oil and natural gas;	34760
directly in the rendition of a public utility service, except that	34761
the sales tax levied by section 5739.02 of the Revised Code shall	34762
be collected upon all meals, drinks, and food for human	34763
consumption sold upon Pullman and railroad coaches. This	34764
paragraph does not exempt or except from "retail sale" or "sales	34765
at retail" the sale of tangible personal property that is to be	34766
incorporated into a structure or improvement to real property.	34767

(3) To hold the thing transferred as security for the	34768
performance of an obligation of the vendor;	34769

(4) To use or consume the thing transferred in the process	34770
of reclamation as required by Chapters 1513. and 1514. of the	34771
Revised Code;	34772

(5) To resell, hold, use, or consume the thing transferred	34773
as evidence of a contract of insurance;	34774

(6) To use or consume the thing directly in commercial	34775
fishing;	34776

(7) To incorporate the thing transferred as a material or a	34777
part into, or to use or consume the thing transferred directly in	34778
the production of, magazines distributed as controlled circulation	34779
publications;	34780

(8) To use or consume the thing transferred in the	34781
production and preparation in suitable condition for market and	34782
sale of printed, imprinted, overprinted, lithographic,	34783
multilithic, blueprinted, photostatic, or other productions or	34784
reproductions of written or graphic matter;	34785

(9) To use the thing transferred, as described in section	34786
5739.011 of the Revised Code, primarily in a manufacturing	34787
operation to produce tangible personal property for sale;	34788

(10) To use the benefit of a warranty, maintenance or	34789
service contract, or similar agreement, as defined in division	34790
(B)(7) of this section, to repair or maintain tangible personal	34791
property, if all of the property that is the subject of the	34792
warranty, contract, or agreement would be exempt on its purchase	34793
from the tax imposed by section 5739.02 of the Revised Code;	34794

(11) To use the thing transferred as qualified research and	34795
development equipment;	34796

(12) To use or consume the thing transferred primarily in	34797
storing, transporting, mailing, or otherwise handling purchased	34798
sales inventory in a warehouse, distribution center, or similar	34799
facility when the inventory is primarily distributed outside this	34800
state to retail stores of the person who owns or controls the	34801
warehouse, distribution center, or similar facility, to retail	34802
stores of an affiliated group of which that person is a member, or	34803
by means of direct marketing. Division (E)(12) of this section	34804
does not apply to motor vehicles registered for operation on the	34805
public highways. As used in division (E)(12) of this section,	34806
"affiliated group" has the same meaning as in division (B)(3)(e)	34807
of this section and "direct marketing" has the same meaning as in	34808
division (B)(37) of section 5739.02 of the Revised Code.	34809

(13) To use or consume the thing transferred to fulfill a	34810
contractual obligation incurred by a warrantor pursuant to a	34811
warranty provided as a part of the price of the tangible personal	34812
property sold or by a vendor of a warranty, maintenance or service	34813
contract, or similar agreement the provision of which is defined	34814
as a sale under division (B)(7) of this section;	34815

(14) To use or consume the thing transferred in the	34816
production of a newspaper for distribution to the public;	34817

(15) To use tangible personal property to perform a service	34818
listed in division (B)(3) of this section, if the property is or	34819
is to be permanently transferred to the consumer of the service as	34820
an integral part of the performance of the service.	34821

As used in division (E) of this section, "thing" includes all	34822
transactions included in divisions (B)(3)(a), (b), and (e) of this	34823
section.	34824

Sales conducted through a coin-operated device that activates	34825
vacuum equipment or equipment that dispenses water, whether or not	34826
in combination with soap or other cleaning agents or wax, to the	34827
consumer for the consumer's use on the premises in washing,	34828
cleaning, or waxing a motor vehicle, provided no other personal	34829
property or personal service is provided as part of the	34830
transaction, are not retail sales or sales at retail.	34831

(F) "Business" includes any activity engaged in by any	34832
person with the object of gain, benefit, or advantage, either	34833
direct or indirect. "Business" does not include the activity of a	34834
person in managing and investing the person's own funds.	34835

(G) "Engaging in business" means commencing, conducting, or	34836
continuing in business, and liquidating a business when the	34837
liquidator thereof holds self itself out to the public as	34838
conducting such business. Making a casual sale is not engaging in	34839
business.	34840

(H)(1) "Price," except as provided in divisions (H)(2) and	34841
(3) of this section, means the aggregate value in money of	34842
anything paid or delivered, or promised to be paid or delivered,	34843
in the complete performance of a retail sale, without any	34844
deduction on account of the cost of the property sold, cost of	34845
materials used, labor or service cost, interest, discount paid or	34846
allowed after the sale is consummated, or any other expense. If	34847
the retail sale consists of the rental or lease of tangible	34848
personal property, "price" means the aggregate value in money of	34849
anything paid or delivered, or promised to be paid or delivered,	34850
in the complete performance of the rental or lease, without any	34851
deduction for tax, interest, labor or service charge, damage	34852
liability waiver, termination or damage charge, discount paid or	34853
allowed after the lease is consummated, or any other expense. The	34854
sales tax shall be calculated and collected by the lessor on each	34855
payment made by the lessee. Price does not include the	34856
consideration received as a deposit refundable to the consumer	34857
upon return of a beverage container, the consideration received as	34858
a deposit on a carton or case that is used for such returnable	34859
containers, or the consideration received as a refundable security	34860
deposit for the use of tangible personal property to the extent	34861
that it actually is refunded, if the consideration for such	34862
refundable deposit is separately stated from the consideration	34863
received or to be received for the tangible personal property	34864
transferred in the retail sale. Such separation must appear in	34865
the sales agreement or on the initial invoice or initial billing	34866
rendered by the vendor to the consumer. Price is the amount	34867
received inclusive of the tax, provided the vendor establishes to	34868
the satisfaction of the tax commissioner that the tax was added to	34869
the price. When the price includes both a charge for tangible	34870
personal property and a charge for providing a service and the	34871
sale of the property and the charge for the service are separately	34872
taxable, or have a separately determinable tax status, the price	34873
shall be separately stated for each such charge so the tax can be	34874
correctly computed and charged.	34875

The tax collected by the vendor from the consumer under this	34876
chapter is not part of the price, but is a tax collection for the	34877
benefit of the state and of counties levying an additional sales	34878
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	34879
and of transit authorities levying an additional sales tax	34880
pursuant to section 5739.023 of the Revised Code. Except for the	34881
discount authorized in section 5739.12 of the Revised Code, no	34882
person other than the state or such a county or transit authority	34883
shall derive any benefit from the collection or payment of such	34884
tax.	34885

(2) In the case of a sale of any new motor vehicle by a new	34886
motor vehicle dealer, as defined in section 4517.01 of the Revised	34887
Code, in which another motor vehicle is accepted by the dealer as	34888
part of the consideration received, "price" has the same meaning	34889
as in division (H)(1) of this section, reduced by the credit	34890
afforded the consumer by the dealer for the motor vehicle received	34891
in trade.	34892

(3) In the case of a sale of any watercraft or outboard	34893
motor by a watercraft dealer licensed in accordance with section	34894
1547.543 of the Revised Code, in which another watercraft,	34895
watercraft and trailer, or outboard motor is accepted by the	34896
dealer as part of the consideration received, "price" has the same	34897
meaning as in division (H)(1) of this section, reduced by the	34898
credit afforded the consumer by the dealer for the watercraft,	34899
watercraft and trailer, or outboard motor received in trade. As	34900
used in division (H)(3) of this section, "watercraft" includes an	34901
outdrive unit attached to the watercraft.	34902

(I) "Receipts" means the total amount of the prices of the	34903
sales of vendors, provided that cash discounts allowed and taken	34904
on sales at the time they are consummated are not included, minus	34905
any amount deducted as a bad debt pursuant to section 5739.121 of	34906
the Revised Code. "Receipts" does not include the sale price of	34907
property returned or services rejected by consumers when the full	34908
sale price and tax are refunded either in cash or by credit.	34909

(J) "Place of business" means any location at which a person	34910
engages in business.	34911

(K) "Premises" includes any real property or portion thereof	34912
upon which any person engages in selling tangible personal	34913
property at retail or making retail sales and also includes any	34914
real property or portion thereof designated for, or devoted to,	34915
use in conjunction with the business engaged in by such person.	34916

(L) "Casual sale" means a sale of an item of tangible	34917
personal property which that was obtained by the person making the	34918
sale, through purchase or otherwise, for the person's own use in	34919
this state and which was previously subject to any state's taxing	34920
jurisdiction on its sale or use, and includes such items acquired	34921
for the seller's use which that are sold by an auctioneer employed	34922
directly by the person for such purpose, provided the location of	34923
such sales is not the auctioneer's permanent place of business. As	34924
used in this division, "permanent place of business" includes any	34925
location where such auctioneer has conducted more than two	34926
auctions during the year.	34927

(M) "Hotel" means every establishment kept, used,	34928
maintained, advertised, or held out to the public to be a place	34929
where sleeping accommodations are offered to guests,. "Hotel"	34930
includes only those establishments in which five or more rooms are	34931
used for the accommodation of such guests, whether such the rooms	34932
are in one or several structures, except as specified by a board	34933
of county commissioners, a board of township trustees, or the	34934
legislative authority of a municipal corporation as provided in	34935
division (G) of section 5739.024 of the Revised Code.	34936

(N) "Transient guests" means persons occupying a room or	34937
rooms for sleeping accommodations for less than thirty consecutive	34938
days.	34939

(O) "Making retail sales" means the effecting of	34940
transactions wherein one party is obligated to pay the price and	34941
the other party is obligated to provide a service or to transfer	34942
title to or possession of the item sold. "Making retail sales"	34943
does not include the preliminary acts of promoting or soliciting	34944
the retail sales, other than the distribution of printed matter	34945
which displays or describes and prices the item offered for sale,	34946
nor does it include delivery of a predetermined quantity of	34947
tangible personal property or transportation of property or	34948
personnel to or from a place where a service is performed,	34949
regardless of whether the vendor is a delivery vendor.	34950

(P) "Used directly in the rendition of a public utility	34951
service" means that property which is to be incorporated into and	34952
will become a part of the consumer's production, transmission,	34953
transportation, or distribution system and which that retains its	34954
classification as tangible personal property after such	34955
incorporation; fuel or power used in the production, transmission,	34956
transportation, or distribution system; and tangible personal	34957
property used in the repair and maintenance of the production,	34958
transmission, transportation, or distribution system, including	34959
only such motor vehicles as are specially designed and equipped	34960
for such use. Tangible personal property and services used	34961
primarily in providing highway transportation for hire are not	34962
used in providing a public utility service as defined in this	34963
division.	34964

(Q) "Refining" means removing or separating a desirable	34965
product from raw or contaminated materials by distillation or	34966
physical, mechanical, or chemical processes.	34967

(R) "Assembly" and "assembling" mean attaching or fitting	34968
together parts to form a product, but do not include packaging a	34969
product.	34970

(S) "Manufacturing operation" means a process in which	34971
materials are changed, converted, or transformed into a different	34972
state or form from which they previously existed and includes	34973
refining materials, assembling parts, and preparing raw materials	34974
and parts by mixing, measuring, blending, or otherwise committing	34975
such materials or parts to the manufacturing process.	34976
"Manufacturing operation" does not include packaging.	34977

(T) "Fiscal officer" means, with respect to a regional	34978
transit authority, the secretary-treasurer thereof, and with	34979
respect to a county which that is a transit authority, the fiscal	34980
officer of the county transit board if one is appointed pursuant	34981
to section 306.03 of the Revised Code or the county auditor if the	34982
board of county commissioners operates the county transit system.	34983

(U) "Transit authority" means a regional transit authority	34984
created pursuant to section 306.31 of the Revised Code or a county	34985
in which a county transit system is created pursuant to section	34986
306.01 of the Revised Code. For the purposes of this chapter, a	34987
transit authority must extend to at least the entire area of a	34988
single county. A transit authority which that includes territory	34989
in more than one county must include all the area of the most	34990
populous county which that is a part of such transit authority.	34991
County population shall be measured by the most recent census	34992
taken by the United States census bureau.	34993

(V) "Legislative authority" means, with respect to a	34994
regional transit authority, the board of trustees thereof, and	34995
with respect to a county which that is a transit authority, the	34996
board of county commissioners.	34997

(W) "Territory of the transit authority" means all of the	34998
area included within the territorial boundaries of a transit	34999
authority as they from time to time exist. Such territorial	35000
boundaries must at all times include all the area of a single	35001
county or all the area of the most populous county which that is a	35002
part of such transit authority. County population shall be	35003
measured by the most recent census taken by the United States	35004
census bureau.	35005

(X) "Providing a service" means providing or furnishing	35006
anything described in division (B)(3) of this section for	35007
consideration.	35008

(Y)(1)(a) "Automatic data processing" means processing of	35009
others' data, including keypunching or similar data entry services	35010
together with verification thereof, or providing access to	35011
computer equipment for the purpose of processing data.	35012

(b) "Computer services" means providing services consisting	35013
of specifying computer hardware configurations and evaluating	35014
technical processing characteristics, computer programming, and	35015
training of computer programmers and operators, provided in	35016
conjunction with and to support the sale, lease, or operation of	35017
taxable computer equipment or systems.	35018

(c) "Electronic information services" means providing access	35019
to computer equipment by means of telecommunications equipment for	35020
the purpose of either of the following:	35021

(i) Examining or acquiring data stored in or accessible to	35022
the computer equipment;	35023

(ii) Placing data into the computer equipment to be	35024
retrieved by designated recipients with access to the computer	35025
equipment.	35026

(d) "Automatic data processing, computer services, or	35027
electronic information services" shall not include personal or	35028
professional services.	35029

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	35030
section, "personal and professional services" means all services	35031
other than automatic data processing, computer services, or	35032
electronic information services, including but not limited to:	35033

(a) Accounting and legal services such as advice on tax	35034
matters, asset management, budgetary matters, quality control,	35035
information security, and auditing and any other situation where	35036
the service provider receives data or information and studies,	35037
alters, analyzes, interprets, or adjusts such material;	35038

(b) Analyzing business policies and procedures;

35039

(c) Identifying management information needs;

35040

(d) Feasibility studies, including economic and technical	35041
analysis of existing or potential computer hardware or software	35042
needs and alternatives;	35043

(e) Designing policies, procedures, and custom software for	35044
collecting business information, and determining how data should	35045
be summarized, sequenced, formatted, processed, controlled, and	35046
reported so that it will be meaningful to management;	35047

(f) Developing policies and procedures that document how	35048
business events and transactions are to be authorized, executed,	35049
and controlled;	35050

(g) Testing of business procedures;

35051

(h) Training personnel in business procedure applications;

35052

(i) Providing credit information to users of such	35053
information by a consumer reporting agency, as defined in the	35054
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	35055
1681a(f), or as hereafter amended, including but not limited to	35056
gathering, organizing, analyzing, recording, and furnishing such	35057
information by any oral, written, graphic, or electronic medium;	35058

(j) Providing debt collection services by any oral, written,	35059
graphic, or electronic means.	35060

The services listed in divisions (Y)(2)(a) to (j) of this	35061
section are not automatic data processing or computer services.	35062

(Z) "Highway transportation for hire" means the	35063
transportation of personal property belonging to others for	35064
consideration by any of the following:	35065

(1) The holder of a permit or certificate issued by this	35066
state or the United States authorizing the holder to engage in	35067
transportation of personal property belonging to others for	35068
consideration over or on highways, roadways, streets, or any	35069
similar public thoroughfare;	35070

(2) A person who engages in the transportation of personal	35071
property belonging to others for consideration over or on	35072
highways, roadways, streets, or any similar public thoroughfare	35073
but who could not have engaged in such transportation on December	35074
11, 1985, unless the person was the holder of a permit or	35075
certificate of the types described in division (Z)(1) of this	35076
section;	35077

(3) A person who leases a motor vehicle to and operates it	35078
for a person described by division (Z)(1) or (2) of this section.	35079

(AA) "Telecommunications service" means the transmission of	35080
any interactive, two-way electromagnetic communications, including	35081
voice, image, data, and information, through the use of any medium	35082
such as wires, cables, microwaves, cellular radio, radio waves,	35083
light waves, or any combination of those or similar media.	35084
"Telecommunications service" includes message toll service even	35085
though the vendor provides the message toll service by means of	35086
wide area transmission type service or private communications	35087
service purchased from another telecommunications service	35088
provider, but does not include any of the following:	35089

(1) Sales of incoming or outgoing wide area transmission	35090
service or wide area transmission type service, including eight	35091
hundred or eight-hundred-type service, to the person contracting	35092
for the receipt of that service;	35093

(2) Sales of private communications service to the person	35094
contracting for the receipt of that service that entitles the	35095
purchaser to exclusive or priority use of a communications channel	35096
or group of channels between exchanges;	35097

(3) Sales of telecommunications service by companies subject	35098
to the excise tax imposed by Chapter 5727. of the Revised Code;	35099

(4) Sales of telecommunications service to a provider of	35100
telecommunications service, including access services, for use in	35101
providing telecommunications service;	35102

(5) Value-added nonvoice services in which computer	35103
processing applications are used to act on the form, content,	35104
code, or protocol of the information to be transmitted;	35105

(6) Transmission of interactive video programming by a cable	35106
television system as defined in section 505.90 of the Revised	35107
Code.	35108

(BB) "Industrial laundry cleaning services" means removing	35109
soil or dirt from or supplying towels, linens, or articles of	35110
clothing that belong to others and are used in a trade or	35111
business.	35112

(CC) "Magazines distributed as controlled circulation	35113
publications" means magazines containing at least twenty-four	35114
pages, at least twenty-five per cent editorial content, issued at	35115
regular intervals four or more times a year, and circulated	35116
without charge to the recipient, provided that such magazines are	35117
not owned or controlled by individuals or business concerns which	35118
conduct such publications as an auxiliary to, and essentially for	35119
the advancement of the main business or calling of, those who own	35120
or control them.	35121

(DD) "Landscaping and lawn care service" means the services	35122
of planting, seeding, sodding, removing, cutting, trimming,	35123
pruning, mulching, aerating, applying chemicals, watering,	35124
fertilizing, and providing similar services to establish, promote,	35125
or control the growth of trees, shrubs, flowers, grass, ground	35126
cover, and other flora, or otherwise maintaining a lawn or	35127
landscape grown or maintained by the owner for ornamentation or	35128
other nonagricultural purpose. However, "landscaping and lawn	35129
care service" does not include the providing of such services by a	35130
person who has less than five thousand dollars in sales of such	35131
services during the calendar year.	35132

(EE) "Private investigation and security service" means the	35133
performance of any activity for which the provider of such service	35134
is required to be licensed pursuant to Chapter 4749. of the	35135
Revised Code, or would be required to be so licensed in performing	35136
such services in this state, and also includes the services of	35137
conducting polygraph examinations and of monitoring or overseeing	35138
the activities on or in, or the condition of, the consumer's home,	35139
business, or other facility by means of electronic or similar	35140
monitoring devices. "Private investigation and security service"	35141
does not include special duty services provided by off-duty police	35142
officers, deputy sheriffs, and other peace officers regularly	35143
employed by the state or a political subdivision.	35144

(FF) "Information services" means providing conversation,	35145
giving consultation or advice, playing or making a voice or other	35146
recording, making or keeping a record of the number of callers,	35147
and any other service provided to a consumer by means of a nine	35148
hundred telephone call, except when the nine hundred telephone	35149
call is the means by which the consumer makes a contribution to a	35150
recognized charity.	35151

(GG) "Research and development" means designing, creating,	35152
or formulating new or enhanced products, equipment, or	35153
manufacturing processes, and conducting scientific or	35154
technological inquiry and experimentation in the physical sciences	35155
with the goal of increasing scientific knowledge which may reveal	35156
the bases for new or enhanced products, equipment, or	35157
manufacturing processes.	35158

(HH) "Qualified research and development equipment" means	35159
capitalized tangible personal property, and leased personal	35160
property that would be capitalized if purchased, used by a person	35161
primarily to perform research and development. Tangible personal	35162
property primarily used in testing, as defined in division (A)(4)	35163
of section 5739.011 of the Revised Code, or used for recording or	35164
storing test results, is not qualified research and development	35165
equipment unless such property is primarily used by the consumer	35166
in testing the product, equipment, or manufacturing process being	35167
created, designed, or formulated by the consumer in the research	35168
and development activity or in recording or storing such test	35169
results.	35170

(II) "Building maintenance and janitorial service" means	35171
cleaning the interior or exterior of a building and any tangible	35172
personal property located therein or thereon, including any	35173
services incidental to such cleaning for which no separate charge	35174
is made. However, "building maintenance and janitorial service"	35175
does not include the providing of such service by a person who has	35176
less than five thousand dollars in sales of such service during	35177
the calendar year.	35178

(JJ) "Employment service" means providing or supplying	35179
personnel, on a temporary or long-term basis, to perform work or	35180
labor under the supervision or control of another, when the	35181
personnel so supplied receive their wages, salary, or other	35182
compensation from the provider of the service. "Employment	35183
service" does not include:	35184

(1) Acting as a contractor or subcontractor, where the	35185
personnel performing the work are not under the direct control of	35186
the purchaser.	35187

(2) Medical and health care services.

35188

(3) Supplying personnel to a purchaser pursuant to a	35189
contract of at least one year between the service provider and the	35190
purchaser that specifies that each employee covered under the	35191
contract is assigned to the purchaser on a permanent basis.	35192

(4) Transactions between members of an affiliated group, as	35193
defined in division (B)(3)(e) of this section.	35194

(KK) "Employment placement service" means locating or	35195
finding employment for a person or finding or locating an employee	35196
to fill an available position.	35197

(LL) "Exterminating service" means eradicating or attempting	35198
to eradicate vermin infestations from a building or structure, or	35199
the area surrounding a building or structure, and includes	35200
activities to inspect, detect, or prevent vermin infestation of a	35201
building or structure.	35202

(MM) "Physical fitness facility service" means all	35203
transactions by which a membership is granted, maintained, or	35204
renewed, including initiation fees, membership dues, renewal fees,	35205
monthly minimum fees, and other similar fees and dues, by a	35206
physical fitness facility such as an athletic club, health spa, or	35207
gymnasium, which entitles the member to use the facility for	35208
physical exercise.	35209

(NN) "Recreation and sports club service" means all	35210
transactions by which a membership is granted, maintained, or	35211
renewed, including initiation fees, membership dues, renewal fees,	35212
monthly minimum fees, and other similar fees and dues, by a	35213
recreation and sports club, which entitles the member to use the	35214
facilities of the organization. "Recreation and sports club"	35215
means an organization that has ownership of, or controls or leases	35216
on a continuing, long-term basis, the facilities used by its	35217
members and includes an aviation club, gun or shooting club, yacht	35218
club, card club, swimming club, tennis club, golf club, country	35219
club, riding club, amateur sports club, or similar organization.	35220

(OO) "Livestock" means farm animals commonly raised for food	35221
or food production, and includes but is not limited to cattle,	35222
sheep, goats, swine, and poultry. "Livestock" does not include	35223
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	35224
animals for use in laboratories or for exhibition, or other	35225
animals not commonly raised for food or food production.	35226

(PP) "Livestock structure" means a building or structure	35227
used exclusively for the housing, raising, feeding, or sheltering	35228
of livestock, and includes feed storage or handling structures and	35229
structures for livestock waste handling.	35230

(QQ) "Horticulture" means the growing, cultivation, and	35231
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	35232
and nursery stock. As used in this division, "nursery stock" has	35233
the same meaning as in section 927.51 of the Revised Code.	35234

(RR) "Horticulture structure" means a building or structure	35235
used exclusively for the commercial growing, raising, or	35236
overwintering of horticultural products, and includes the area	35237
used for stocking, storing, and packing horticultural products	35238
when done in conjunction with the production of those products.	35239

(SS) "Newspaper" means an unbound publication bearing a	35240
title or name that is regularly published, at least as frequently	35241
as biweekly, and distributed from a fixed place of business to the	35242
public in a specific geographic area, and that contains a	35243
substantial amount of news matter of international, national, or	35244
local events of interest to the general public.	35245

(TT) "Professional racing team" means a person that employs	35246
at least twenty full-time employees for the purpose of conducting	35247
a motor vehicle racing business for profit. The person must	35248
conduct the business with the purpose of racing one or more motor	35249
racing vehicles in at least ten competitive professional racing	35250
events each year that comprise all or part of a motor racing	35251
series sanctioned by one or more motor racing sanctioning	35252
organizations. A "motor racing vehicle" means a vehicle for which	35253
the chassis, engine, and parts are designed exclusively for motor	35254
racing, and does not include a stock or production model vehicle	35255
that may be modified for use in racing. For the purposes of this	35256
division:	35257

(1) A "competitive professional racing event" is a motor	35258
vehicle racing event sanctioned by one or more motor racing	35259
sanctioning organizations, at which aggregate cash prizes in	35260
excess of eight hundred thousand dollars are awarded to the	35261
competitors.	35262

(2) "Full-time employee" means an individual who is employed	35263
for consideration for thirty-five or more hours a week, or who	35264
renders any other standard of service generally accepted by custom	35265
or specified by contract as full-time employment.	35266

(UU)(1) "Prepaid authorization number" means a numeric or	35267
alphanumeric combination that represents a prepaid account that	35268
can be used by the account holder solely to obtain	35269
telecommunications service, and includes any renewals or increases	35270
in the prepaid account.	35271

(2) "Prepaid telephone calling card" means a tangible item	35272
that contains a prepaid authorization number that can be used	35273
solely to obtain telecommunications service, and includes any	35274
renewals or increases in the prepaid account.	35275

Sec. 5739.02.  For the purpose of providing revenue with	35276
which to meet the needs of the state, for the use of the general	35277
revenue fund of the state, for the purpose of securing a thorough	35278
and efficient system of common schools throughout the state, for	35279
the purpose of affording revenues, in addition to those from	35280
general property taxes, permitted under constitutional	35281
limitations, and from other sources, for the support of local	35282
governmental functions, and for the purpose of reimbursing the	35283
state for the expense of administering this chapter, an excise tax	35284
is hereby levied on each retail sale made in this state.	35285

(A) The tax shall be collected pursuant to the schedules in	35286
section 5739.025 of the Revised Code.	35287

The tax applies and is collectible when the sale is made,	35288
regardless of the time when the price is paid or delivered.	35289

In the case of a sale, the price of which consists in whole	35290
or in part of rentals for the use of the thing transferred, the	35291
tax, as regards such rentals, shall be measured by the	35292
installments thereof.	35293

In the case of a sale of a service defined under division	35294
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	35295
which consists in whole or in part of a membership for the receipt	35296
of the benefit of the service, the tax applicable to the sale	35297
shall be measured by the installments thereof.	35298

(B) The tax does not apply to the following:

35299

(1) Sales to the state or any of its political subdivisions,	35300
or to any other state or its political subdivisions if the laws of	35301
that state exempt from taxation sales made to this state and its	35302
political subdivisions;	35303

(2) Sales of food for human consumption off the premises	35304
where sold;	35305

(3) Sales of food sold to students only in a cafeteria,	35306
dormitory, fraternity, or sorority maintained in a private,	35307
public, or parochial school, college, or university;	35308

(4) Sales of newspapers, and of magazine subscriptions	35309
shipped by second class mail, and sales or transfers of magazines	35310
distributed as controlled circulation publications;	35311

(5) The furnishing, preparing, or serving of meals without	35312
charge by an employer to an employee provided the employer records	35313
the meals as part compensation for services performed or work	35314
done;	35315

(6) Sales of motor fuel upon receipt, use, distribution, or	35316
sale of which in this state a tax is imposed by the law of this	35317
state, but this exemption shall not apply to the sale of motor	35318
fuel on which a refund of the tax is allowable under section	35319
5735.14 of the Revised Code; and the tax commissioner may deduct	35320
the amount of tax levied by this section applicable to the price	35321
of motor fuel when granting a refund of motor fuel tax pursuant to	35322
section 5735.14 of the Revised Code and shall cause the amount	35323
deducted to be paid into the general revenue fund of this state;	35324

(7) Sales of natural gas by a natural gas company, of water	35325
by a water-works company, or of steam by a heating company, if in	35326
each case the thing sold is delivered to consumers through pipes	35327
or conduits, and all sales of communications services by a	35328
telephone or telegraph company, all terms as defined in section	35329
5727.01 of the Revised Code;	35330

(8) Casual sales by a person, or auctioneer employed	35331
directly by the person to conduct such sales, except as to such	35332
sales of motor vehicles, watercraft or outboard motors required to	35333
be titled under section 1548.06 of the Revised Code, watercraft	35334
documented with the United States coast guard, snowmobiles, and	35335
all-purpose vehicles as defined in section 4519.01 of the Revised	35336
Code;	35337

(9) Sales of services or tangible personal property, other	35338
than motor vehicles, mobile homes, and manufactured homes, by	35339
churches, organizations exempt from taxation under section	35340
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	35341
organizations operated exclusively for charitable purposes as	35342
defined in division (B)(12) of this section, provided that the	35343
number of days on which such tangible personal property or	35344
services, other than items never subject to the tax, are sold does	35345
not exceed six in any calendar year. If the number of days on	35346
which such sales are made exceeds six in any calendar year, the	35347
church or organization shall be considered to be engaged in	35348
business and all subsequent sales by it shall be subject to the	35349
tax. In counting the number of days, all sales by groups within a	35350
church or within an organization shall be considered to be sales	35351
of that church or organization, except that sales made by separate	35352
student clubs and other groups of students of a primary or	35353
secondary school, and sales made by a parent-teacher association,	35354
booster group, or similar organization that raises money to	35355
support or fund curricular or extracurricular activities of a	35356
primary or secondary school, shall not be considered to be sales	35357
of such school, and sales by each such club, group, association,	35358
or organization shall be counted separately for purposes of the	35359
six-day limitation. This division does not apply to sales by a	35360
noncommercial educational radio or television broadcasting	35361
station.	35362

(10) Sales not within the taxing power of this state under	35363
the Constitution of the United States;	35364

(11) The transportation of persons or property, unless the	35365
transportation is by a private investigation and security service;	35366

(12) Sales of tangible personal property or services to	35367
churches, to organizations exempt from taxation under section	35368
501(c)(3) of the Internal Revenue Code of 1986, and to any other	35369
nonprofit organizations operated exclusively for charitable	35370
purposes in this state, no part of the net income of which inures	35371
to the benefit of any private shareholder or individual, and no	35372
substantial part of the activities of which consists of carrying	35373
on propaganda or otherwise attempting to influence legislation;	35374
sales to offices administering one or more homes for the aged or	35375
one or more hospital facilities exempt under section 140.08 of the	35376
Revised Code; and sales to organizations described in division (D)	35377
of section 5709.12 of the Revised Code.	35378

"Charitable purposes" means the relief of poverty; the	35379
improvement of health through the alleviation of illness, disease,	35380
or injury; the operation of an organization exclusively for the	35381
provision of professional, laundry, printing, and purchasing	35382
services to hospitals or charitable institutions; the operation of	35383
a home for the aged, as defined in section 5701.13 of the Revised	35384
Code; the operation of a radio or television broadcasting station	35385
that is licensed by the federal communications commission as a	35386
noncommercial educational radio or television station; the	35387
operation of a nonprofit animal adoption service or a county	35388
humane society; the promotion of education by an institution of	35389
learning that maintains a faculty of qualified instructors,	35390
teaches regular continuous courses of study, and confers a	35391
recognized diploma upon completion of a specific curriculum; the	35392
operation of a parent-teacher association, booster group, or	35393
similar organization primarily engaged in the promotion and	35394
support of the curricular or extracurricular activities of a	35395
primary or secondary school; the operation of a community or area	35396
center in which presentations in music, dramatics, the arts, and	35397
related fields are made in order to foster public interest and	35398
education therein; the production of performances in music,	35399
dramatics, and the arts; or the promotion of education by an	35400
organization engaged in carrying on research in, or the	35401
dissemination of, scientific and technological knowledge and	35402
information primarily for the public.	35403

Nothing in this division shall be deemed to exempt sales to	35404
any organization for use in the operation or carrying on of a	35405
trade or business, or sales to a home for the aged for use in the	35406
operation of independent living facilities as defined in division	35407
(A) of section 5709.12 of the Revised Code.	35408

(13) Building and construction materials and services sold	35409
to construction contractors for incorporation into a structure or	35410
improvement to real property under a construction contract with	35411
this state or a political subdivision thereof, or with the United	35412
States government or any of its agencies; building and	35413
construction materials and services sold to construction	35414
contractors for incorporation into a structure or improvement to	35415
real property that are accepted for ownership by this state or any	35416
of its political subdivisions, or by the United States government	35417
or any of its agencies at the time of completion of such	35418
structures or improvements; building and construction materials	35419
sold to construction contractors for incorporation into a	35420
horticulture structure or livestock structure for a person engaged	35421
in the business of horticulture or producing livestock; building	35422
materials and services sold to a construction contractor for	35423
incorporation into a house of public worship or religious	35424
education, or a building used exclusively for charitable purposes	35425
under a construction contract with an organization whose purpose	35426
is as described in division (B)(12) of this section; building	35427
materials and services sold to a construction contractor for	35428
incorporation into a building under a construction contract with	35429
an organization exempt from taxation under section 501(c)(3) of	35430
the Internal Revenue Code of 1986 when the building is to be used	35431
exclusively for the organization's exempt purposes; building and	35432
construction materials sold for incorporation into the original	35433
construction of a sports facility under section 307.696 of the	35434
Revised Code; and building and construction materials and services	35435
sold to a construction contractor for incorporation into real	35436
property outside this state if such materials and services, when	35437
sold to a construction contractor in the state in which the real	35438
property is located for incorporation into real property in that	35439
state, would be exempt from a tax on sales levied by that state;	35440

(14) Sales of ships or vessels or rail rolling stock used or	35441
to be used principally in interstate or foreign commerce, and	35442
repairs, alterations, fuel, and lubricants for such ships or	35443
vessels or rail rolling stock;	35444

(15) Sales to persons engaged in any of the activities	35445
mentioned in division (E)(2) or (9) of section 5739.01 of the	35446
Revised Code, to persons engaged in making retail sales, or to	35447
persons who purchase for sale from a manufacturer tangible	35448
personal property that was produced by the manufacturer in	35449
accordance with specific designs provided by the purchaser, of	35450
packages, including material, labels, and parts for packages, and	35451
of machinery, equipment, and material for use primarily in	35452
packaging tangible personal property produced for sale, including	35453
any machinery, equipment, and supplies used to make labels or	35454
packages, to prepare packages or products for labeling, or to	35455
label packages or products, by or on the order of the person doing	35456
the packaging, or sold at retail. "Packages" includes bags,	35457
baskets, cartons, crates, boxes, cans, bottles, bindings,	35458
wrappings, and other similar devices and containers, and	35459
"packaging" means placing therein.	35460

(16) Sales of food to persons using food stamp coupons	35461
benefits to purchase the food. As used in division (B)(16) of	35462
this section, "food" has the same meaning as in the "Food Stamp	35463
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	35464
regulations adopted pursuant to that act.	35465

(17) Sales to persons engaged in farming, agriculture,	35466
horticulture, or floriculture, of tangible personal property for	35467
use or consumption directly in the production by farming,	35468
agriculture, horticulture, or floriculture of other tangible	35469
personal property for use or consumption directly in the	35470
production of tangible personal property for sale by farming,	35471
agriculture, horticulture, or floriculture; or material and parts	35472
for incorporation into any such tangible personal property for use	35473
or consumption in production; and of tangible personal property	35474
for such use or consumption in the conditioning or holding of	35475
products produced by and for such use, consumption, or sale by	35476
persons engaged in farming, agriculture, horticulture, or	35477
floriculture, except where such property is incorporated into real	35478
property;	35479

(18) Sales of drugs dispensed by a licensed pharmacist upon	35480
the order of a licensed health professional authorized to	35481
prescribe drugs to a human being, as the term "licensed health	35482
professional authorized to prescribe drugs" is defined in section	35483
4729.01 of the Revised Code; insulin as recognized in the official	35484
United States pharmacopoeia; urine and blood testing materials	35485
when used by diabetics or persons with hypoglycemia to test for	35486
glucose or acetone; hypodermic syringes and needles when used by	35487
diabetics for insulin injections; epoetin alfa when purchased for	35488
use in the treatment of persons with end-stage renal disease;	35489
hospital beds when purchased for use by persons with medical	35490
problems for medical purposes; and oxygen and oxygen-dispensing	35491
equipment when purchased for use by persons with medical problems	35492
for medical purposes;	35493

(19) Sales of artificial limbs or portion thereof, breast	35494
prostheses, and other prosthetic devices for humans; braces or	35495
other devices for supporting weakened or nonfunctioning parts of	35496
the human body; wheelchairs; devices used to lift wheelchairs into	35497
motor vehicles and parts and accessories to such devices; crutches	35498
or other devices to aid human perambulation; and items of tangible	35499
personal property used to supplement impaired functions of the	35500
human body such as respiration, hearing, or elimination. No	35501
exemption under this division shall be allowed for nonprescription	35502
drugs, medicines, or remedies; items or devices used to supplement	35503
vision; items or devices whose function is solely or primarily	35504
cosmetic; or physical fitness equipment. This division does not	35505
apply to sales to a physician or medical facility for use in the	35506
treatment of a patient.	35507

(20) Sales of emergency and fire protection vehicles and	35508
equipment to nonprofit organizations for use solely in providing	35509
fire protection and emergency services, including trauma care and	35510
emergency medical services, for political subdivisions of the	35511
state;	35512

(21) Sales of tangible personal property manufactured in	35513
this state, if sold by the manufacturer in this state to a	35514
retailer for use in the retail business of the retailer outside of	35515
this state and if possession is taken from the manufacturer by the	35516
purchaser within this state for the sole purpose of immediately	35517
removing the same from this state in a vehicle owned by the	35518
purchaser;	35519

(22) Sales of services provided by the state or any of its	35520
political subdivisions, agencies, instrumentalities, institutions,	35521
or authorities, or by governmental entities of the state or any of	35522
its political subdivisions, agencies, instrumentalities,	35523
institutions, or authorities;	35524

(23) Sales of motor vehicles to nonresidents of this state	35525
upon the presentation of an affidavit executed in this state by	35526
the nonresident purchaser affirming that the purchaser is a	35527
nonresident of this state, that possession of the motor vehicle is	35528
taken in this state for the sole purpose of immediately removing	35529
it from this state, that the motor vehicle will be permanently	35530
titled and registered in another state, and that the motor vehicle	35531
will not be used in this state;	35532

(24) Sales to persons engaged in the preparation of eggs for	35533
sale of tangible personal property used or consumed directly in	35534
such preparation, including such tangible personal property used	35535
for cleaning, sanitizing, preserving, grading, sorting, and	35536
classifying by size; packages, including material and parts for	35537
packages, and machinery, equipment, and material for use in	35538
packaging eggs for sale; and handling and transportation equipment	35539
and parts therefor, except motor vehicles licensed to operate on	35540
public highways, used in intraplant or interplant transfers or	35541
shipment of eggs in the process of preparation for sale, when the	35542
plant or plants within or between which such transfers or	35543
shipments occur are operated by the same person. "Packages"	35544
includes containers, cases, baskets, flats, fillers, filler flats,	35545
cartons, closure materials, labels, and labeling materials, and	35546
"packaging" means placing therein.	35547

(25)(a) Sales of water to a consumer for residential use,	35548
except the sale of bottled water, distilled water, mineral water,	35549
carbonated water, or ice;	35550

(b) Sales of water by a nonprofit corporation engaged	35551
exclusively in the treatment, distribution, and sale of water to	35552
consumers, if such water is delivered to consumers through pipes	35553
or tubing.	35554

(26) Fees charged for inspection or reinspection of motor	35555
vehicles under section 3704.14 of the Revised Code;	35556

(27) Sales to persons licensed to conduct a food service	35557
operation pursuant to section 3717.43 of the Revised Code, of	35558
tangible personal property primarily used directly for the	35559
following:	35560

(a) To prepare food for human consumption for sale;

35561

(b) To preserve food that has been or will be prepared for	35562
human consumption for sale by the food service operator, not	35563
including tangible personal property used to display food for	35564
selection by the consumer;	35565

(c) To clean tangible personal property used to prepare or	35566
serve food for human consumption for sale.	35567

(28) Sales of animals by nonprofit animal adoption services	35568
or county humane societies;	35569

(29) Sales of services to a corporation described in	35570
division (A) of section 5709.72 of the Revised Code, and sales of	35571
tangible personal property that qualifies for exemption from	35572
taxation under section 5709.72 of the Revised Code;	35573

(30) Sales and installation of agricultural land tile, as	35574
defined in division (B)(5)(a) of section 5739.01 of the Revised	35575
Code;	35576

(31) Sales and erection or installation of portable grain	35577
bins, as defined in division (B)(5)(b) of section 5739.01 of the	35578
Revised Code;	35579

(32) The sale, lease, repair, and maintenance of, parts for,	35580
or items attached to or incorporated in, motor vehicles that are	35581
primarily used for transporting tangible personal property by a	35582
person engaged in highway transportation for hire;	35583

(33) Sales to the state headquarters of any veterans'	35584
organization in Ohio that is either incorporated and issued a	35585
charter by the congress of the United States or is recognized by	35586
the United States veterans administration, for use by the	35587
headquarters;	35588

(34) Sales to a telecommunications service vendor of	35589
tangible personal property and services used directly and	35590
primarily in transmitting, receiving, switching, or recording any	35591
interactive, two-way electromagnetic communications, including	35592
voice, image, data, and information, through the use of any	35593
medium, including, but not limited to, poles, wires, cables,	35594
switching equipment, computers, and record storage devices and	35595
media, and component parts for the tangible personal property.	35596
The exemption provided in division (B)(34) of this section shall	35597
be in lieu of all other exceptions under division (E)(2) of	35598
section 5739.01 of the Revised Code to which a telecommunications	35599
service vendor may otherwise be entitled based upon the use of the	35600
thing purchased in providing the telecommunications service.	35601

(35) Sales of investment metal bullion and investment coins.	35602
"Investment metal bullion" means any elementary precious metal	35603
that has been put through a process of smelting or refining,	35604
including, but not limited to, gold, silver, platinum, and	35605
palladium, and which is in such state or condition that its value	35606
depends upon its content and not upon its form. "Investment metal	35607
bullion" does not include fabricated precious metal that has been	35608
processed or manufactured for one or more specific and customary	35609
industrial, professional, or artistic uses. "Investment coins"	35610
means numismatic coins or other forms of money and legal tender	35611
manufactured of gold, silver, platinum, palladium, or other metal	35612
under the laws of the United States or any foreign nation with a	35613
fair market value greater than any statutory or nominal value of	35614
such coins.	35615

(36)(a) Sales where the purpose of the consumer is to use or	35616
consume the things transferred in making retail sales and	35617
consisting of newspaper inserts, catalogues, coupons, flyers, gift	35618
certificates, or other advertising material that prices and	35619
describes tangible personal property offered for retail sale.	35620

(b) Sales to direct marketing vendors of preliminary	35621
materials such as photographs, artwork, and typesetting that will	35622
be used in printing advertising material; of printed matter that	35623
offers free merchandise or chances to win sweepstake prizes and	35624
that is mailed to potential customers with advertising material	35625
described in division (B)(36)(a) of this section; and of equipment	35626
such as telephones, computers, facsimile machines, and similar	35627
tangible personal property primarily used to accept orders for	35628
direct marketing retail sales.	35629

(c) Sales of automatic food vending machines that preserve	35630
food with a shelf life of forty-five days or less by refrigeration	35631
and dispense it to the consumer.	35632

For purposes of division (B)(36) of this section, "direct	35633
marketing" means the method of selling where consumers order	35634
tangible personal property by United States mail, delivery	35635
service, or telecommunication and the vendor delivers or ships the	35636
tangible personal property sold to the consumer from a warehouse,	35637
catalogue distribution center, or similar fulfillment facility by	35638
means of the United States mail, delivery service, or common	35639
carrier.	35640

(37) Sales to a person engaged in the business of	35641
horticulture or producing livestock of materials to be	35642
incorporated into a horticulture structure or livestock structure;	35643

(38) The sale of a motor vehicle that is used exclusively	35644
for a vanpool ridesharing arrangement to persons participating in	35645
the vanpool ridesharing arrangement when the vendor is selling the	35646
vehicle pursuant to a contract between the vendor and the	35647
department of transportation;	35648

(39) Sales of personal computers, computer monitors,	35649
computer keyboards, modems, and other peripheral computer	35650
equipment to an individual who is licensed or certified to teach	35651
in an elementary or a secondary school in this state for use by	35652
that individual in preparation for teaching elementary or	35653
secondary school students;	35654

(40) Sales to a professional racing team of any of the	35655
following:	35656

(a) Motor racing vehicles;

35657

(b) Repair services for motor racing vehicles;

35658

(c) Items of property that are attached to or incorporated	35659
in motor racing vehicles, including engines, chassis, and all	35660
other components of the vehicles, and all spare, replacement, and	35661
rebuilt parts or components of the vehicles; except not including	35662
tires, consumable fluids, paint, and accessories consisting of	35663
instrumentation sensors and related items added to the vehicle to	35664
collect and transmit data by means of telemetry and other forms of	35665
communication.	35666

(41) Sales of used manufactured homes and used mobile homes,	35667
as defined in section 5739.0210 of the Revised Code, made on or	35668
after January 1, 2000;	35669

(42) Sales of tangible personal property and services to a	35670
provider of electricity used or consumed directly and primarily in	35671
generating, transmitting, or distributing electricity for use by	35672
others, including property that is or is to be incorporated into	35673
and will become a part of the consumer's production, transmission,	35674
or distribution system and that retains its classification as	35675
tangible personal property after incorporation; fuel or power used	35676
in the production, transmission, or distribution of electricity;	35677
and tangible personal property and services used in the repair and	35678
maintenance of the production, transmission, or distribution	35679
system, including only those motor vehicles as are specially	35680
designed and equipped for such use. The exemption provided in	35681
this division shall be in lieu of all other exceptions in division	35682
(E)(2) of section 5739.01 of the Revised Code to which a provider	35683
of electricity may otherwise be entitled based on the use of the	35684
tangible personal property or service purchased in generating,	35685
transmitting, or distributing electricity.	35686

For the purpose of the proper administration of this chapter,	35687
and to prevent the evasion of the tax, it is presumed that all	35688
sales made in this state are subject to the tax until the contrary	35689
is established.	35690

As used in this section, except in division (B)(16) of this	35691
section, "food" includes cereals and cereal products, milk and	35692
milk products including ice cream, meat and meat products, fish	35693
and fish products, eggs and egg products, vegetables and vegetable	35694
products, fruits, fruit products, and pure fruit juices,	35695
condiments, sugar and sugar products, coffee and coffee	35696
substitutes, tea, and cocoa and cocoa products. It does not	35697
include: spirituous or malt liquors; soft drinks; sodas and	35698
beverages that are ordinarily dispensed at bars and soda fountains	35699
or in connection therewith, other than coffee, tea, and cocoa;	35700
root beer and root beer extracts; malt and malt extracts; mineral	35701
oils, cod liver oils, and halibut liver oil; medicines, including	35702
tonics, vitamin preparations, and other products sold primarily	35703
for their medicinal properties; and water, including mineral,	35704
bottled, and carbonated waters, and ice.	35705

(C) The levy of an excise tax on transactions by which	35706
lodging by a hotel is or is to be furnished to transient guests	35707
pursuant to this section and division (B) of section 5739.01 of	35708
the Revised Code does not prevent any of the following:	35709

(1) A municipal corporation or township from levying an	35710
excise tax for any lawful purpose not to exceed three per cent on	35711
transactions by which lodging by a hotel is or is to be furnished	35712
to transient guests in addition to the tax levied by this section.	35713
If a municipal corporation or township repeals a tax imposed under	35714
division (C)(1) of this section and a county in which the	35715
municipal corporation or township has territory has a tax imposed	35716
under division (C) of section 5739.024 of the Revised Code in	35717
effect, the municipal corporation or township may not reimpose its	35718
tax as long as that county tax remains in effect. A municipal	35719
corporation or township in which a tax is levied under division	35720
(B)(2) of section 351.021 of the Revised Code may not increase the	35721
rate of its tax levied under division (C)(1) of this section to	35722
any rate that would cause the total taxes levied under both of	35723
those divisions to exceed three per cent on any lodging	35724
transaction within the municipal corporation or township.	35725

(2) A municipal corporation or a township from levying an	35726
additional excise tax not to exceed three per cent on such	35727
transactions pursuant to division (B) of section 5739.024 of the	35728
Revised Code. Such tax is in addition to any tax imposed under	35729
division (C)(1) of this section.	35730

(3) A county from levying an excise tax pursuant to division	35731
(A) of section 5739.024 of the Revised Code.	35732

(4) A county from levying an excise tax not to exceed three	35733
per cent of such transactions pursuant to division (C) of section	35734
5739.024 of the Revised Code. Such a tax is in addition to any	35735
tax imposed under division (C)(3) of this section.	35736

(5) A convention facilities authority, as defined in	35737
division (A) of section 351.01 of the Revised Code, from levying	35738
the excise taxes provided for in division (B) of section 351.021	35739
of the Revised Code.	35740

(6) A county from levying an excise tax not to exceed one	35741
and one-half per cent of such transactions pursuant to division	35742
(D) of section 5739.024 of the Revised Code. Such tax is in	35743
addition to any tax imposed under division (C)(3) or (4) of this	35744
section.	35745

(7) A county from levying an excise tax not to exceed one	35746
and one-half per cent of such transactions pursuant to division	35747
(E) of section 5739.024 of the Revised Code. Such a tax is in	35748
addition to any tax imposed under division (C)(3), (4), or (6) of	35749
this section.	35750

(D) The levy of this tax on retail sales of recreation and	35751
sports club service shall not prevent a municipal corporation from	35752
levying any tax on recreation and sports club dues or on any	35753
income generated by recreation and sports club dues.	35754

Sec. 5739.024.  (A)(1) A board of county commissioners may,	35755
by resolution adopted by a majority of the members of the board,	35756
levy an excise tax not to exceed three per cent on transactions by	35757
which lodging by a hotel is or is to be furnished to transient	35758
guests. The board shall establish all regulations necessary to	35759
provide for the administration and allocation of the tax. The	35760
regulations may prescribe the time for payment of the tax, and may	35761
provide for the imposition of a penalty or interest, or both, for	35762
late payments, provided that the penalty does not exceed ten per	35763
cent of the amount of tax due, and the rate at which interest	35764
accrues does not exceed the rate per annum prescribed pursuant to	35765
section 5703.47 of the Revised Code. Except as otherwise provided	35766
in divisions (A)(2) and (3) of this section, the regulations shall	35767
provide, after deducting the real and actual costs of	35768
administering the tax, for the return to each municipal	35769
corporation or township that does not levy an excise tax on such	35770
transactions, a uniform percentage of the tax collected in the	35771
municipal corporation or in the unincorporated portion of the	35772
township from each such transaction, not to exceed thirty-three	35773
and one-third per cent. The remainder of the revenue arising from	35774
the tax shall be deposited in a separate fund and shall be spent	35775
solely to make contributions to the convention and visitors'	35776
bureau operating within the county, including a pledge and	35777
contribution of any portion of such remainder pursuant to an	35778
agreement authorized by section 307.695 of the Revised Code.	35779
Except as otherwise provided under in division (A)(2) or (3) of	35780
this section, on and after May 10, 1994, a board of county	35781
commissioners may not levy an excise tax pursuant to this division	35782
in any municipal corporation or township located wholly or partly	35783
within the county that has in effect an ordinance or resolution	35784
levying an excise tax pursuant to division (B) of this section.	35785
The board of a county that has levied a tax under division (C) of	35786
this section may, by resolution adopted within ninety days after	35787
July 15, 1985, by a majority of the members of the board, amend	35788
the resolution levying a tax under this division to provide for a	35789
portion of that tax to be pledged and contributed in accordance	35790
with an agreement entered into under section 307.695 of the	35791
Revised Code. A tax, any revenue from which is pledged pursuant	35792
to such an agreement, shall remain in effect at the rate at which	35793
it is imposed for the duration of the period for which the revenue	35794
therefrom has been so pledged.	35795

(2) A board of county commissioners that levies an excise	35796
tax under division (A)(1) of this section on June 30, 1997, at a	35797
rate of three per cent, and that has pledged revenue from the tax	35798
to an agreement entered into under section 307.695 of the Revised	35799
Code, may amend the resolution levying that tax to provide for an	35800
increase in the rate of the tax up to five per cent on each	35801
transaction; to provide that revenue from the increase in the rate	35802
shall be spent solely to make contributions to the convention and	35803
visitors' bureau operating within the county to be used	35804
specifically for promotion, advertising, and marketing of the	35805
region in which the county is located; to provide that the rate in	35806
excess of the three per cent levied under division (A)(1) of this	35807
section shall remain in effect at the rate at which it is imposed	35808
for the duration of the period during which any agreement is in	35809
effect that was entered into under section 307.695 of the Revised	35810
Code by the board of county commissioners levying a tax under	35811
division (A)(1) of this section; and to provide that no portion of	35812
that revenue need be returned to townships or municipal	35813
corporations as would otherwise be required under division (A)(1)	35814
of this section.	35815

(3) A board of county commissioners that levies a tax under	35816
division (A)(1) of this section on March 18, 1999, at a rate of	35817
three per cent may, by resolution adopted not later than	35818
forty-five days after March 18, 1999, amend the resolution	35819
levying the tax to provide for all of the following:	35820

(a) That the rate of the tax shall be increased by not more	35821
than an additional four per cent on each transaction;	35822

(b) That all of the revenue from the increase in rate shall	35823
be pledged and contributed to a convention facilities authority	35824
established by the board of county commissioners under Chapter	35825
351. of the Revised Code on or before November 15, 1998, and used	35826
to pay costs of constructing, maintaining, operating, and	35827
promoting a facility in the county, including paying bonds, or	35828
notes issued in anticipation of bonds, as provided by that	35829
chapter;	35830

(c) That no portion of the revenue arising from the increase	35831
in rate need be returned to municipal corporations or townships as	35832
otherwise required under division (A)(1) of this section;	35833

(d) That the increase in rate shall not be subject to	35834
diminution by initiative or referendum or by law while any bonds,	35835
or notes in anticipation of bonds, issued by the authority under	35836
Chapter 351. of the Revised Code to which the revenue is pledged	35837
remain outstanding in accordance with their terms, unless	35838
provision is made by law or by the board of county commissioners	35839
for an adequate substitute therefor that is satisfactory to the	35840
trustee if a trust agreement secures the bonds.	35841

Division (A)(3) of this section does not apply to the board	35842
of county commissioners of any county in which a convention center	35843
or facility exists or is being constructed on November 15, 1998,	35844
or of any county in which a convention facilities authority levies	35845
a tax pursuant to section 351.021 of the Revised Code on that	35846
date.	35847

As used in division (A)(3) of this section, "costs" and	35848
"facility" have the same meanings as in section 351.01 of the	35849
Revised Code, and "convention center" has the same meaning as in	35850
section 307.695 of the Revised Code.	35851

(B) The legislative authority of a municipal corporation or	35852
the board of trustees of a township that is not wholly or partly	35853
located in a county that has in effect a resolution levying an	35854
excise tax pursuant to division (A)(1) of this section may by	35855
ordinance or resolution levy an excise tax not to exceed three per	35856
cent on transactions by which lodging by a hotel is or is to be	35857
furnished to transient guests. The legislative authority of the	35858
municipal corporation or township shall deposit at least fifty per	35859
cent of the revenue from the tax levied pursuant to this division	35860
into a separate fund, which shall be spent solely to make	35861
contributions to convention and visitors' bureaus operating within	35862
the county in which the municipal corporation or township is	35863
wholly or partly located, and the balance of such revenue shall be	35864
deposited in the general fund. The municipal corporation or	35865
township shall establish all regulations necessary to provide for	35866
the administration and allocation of the tax. The regulations may	35867
prescribe the time for payment of the tax, and may provide for the	35868
imposition of a penalty or interest, or both, for late payments,	35869
provided that the penalty does not exceed ten per cent of the	35870
amount of tax due, and the rate at which interest accrues does not	35871
exceed the rate per annum prescribed pursuant to section 5703.47	35872
of the Revised Code. The levy of a tax under this division is in	35873
addition to any tax imposed on the same transaction by a municipal	35874
corporation or a township as authorized by division (C)(1) of	35875
section 5739.02 of the Revised Code.	35876

(C) For the purpose of making the payments authorized by	35877
section 307.695 of the Revised Code to construct and equip a	35878
convention center in the county and to cover the costs of	35879
administering the tax, a board of county commissioners of a county	35880
where a tax imposed under division (A)(1) of this section is in	35881
effect may, by resolution adopted within ninety days after July	35882
15, 1985, by a majority of the members of the board, levy an	35883
additional excise tax not to exceed three per cent on transactions	35884
by which lodging by a hotel is or is to be furnished to transient	35885
guests. The tax authorized by this division shall be in addition	35886
to any tax that is levied pursuant to division (A) of this	35887
section, but it shall not apply to transactions subject to a tax	35888
levied by a municipal corporation or township pursuant to the	35889
authorization granted by division (C)(1) of section 5739.02 of the	35890
Revised Code. The board shall establish all regulations necessary	35891
to provide for the administration and allocation of the tax. The	35892
regulations may prescribe the time for payment of the tax, and may	35893
provide for the imposition of a penalty or interest, or both, for	35894
late payments, provided that the penalty does not exceed ten per	35895
cent of the amount of tax due, and the rate at which interest	35896
accrues does not exceed the rate per annum prescribed pursuant to	35897
section 5703.47 of the Revised Code. All revenues arising from	35898
the tax shall be expended in accordance with section 307.695 of	35899
the Revised Code. A tax imposed under this section shall remain	35900
in effect at the rate at which it is imposed for the duration of	35901
the period for which the revenue therefrom has been pledged	35902
pursuant to such section.	35903

(D) For the purpose of providing contributions under	35904
division (B)(1) of section 307.671 of the Revised Code to enable	35905
the acquisition, construction, and equipping of a port authority	35906
educational and cultural facility in the county and, to the extent	35907
provided for in the cooperative agreement authorized by that	35908
section, for the purpose of paying debt service charges on bonds,	35909
or notes in anticipation thereof, described in division (B)(1)(b)	35910
of that section, a board of county commissioners, by resolution	35911
adopted within ninety days after December 22, 1992, by a majority	35912
of the members of the board, may levy an additional excise tax not	35913
to exceed one and one-half per cent on transactions by which	35914
lodging by a hotel is or is to be furnished to transient guests.	35915
The excise tax authorized by this division shall be in addition to	35916
any tax that is levied pursuant to divisions (A), (B), and (C) of	35917
this section, to any excise tax levied pursuant to division (C) of	35918
section 5739.02 of the Revised Code, and to any excise tax levied	35919
pursuant to section 351.021 of the Revised Code. The board of	35920
county commissioners shall establish all regulations necessary to	35921
provide for the administration and allocation of the tax that are	35922
not inconsistent with this section or section 307.671 of the	35923
Revised Code. The regulations may prescribe the time for payment	35924
of the tax, and may provide for the imposition of a penalty or	35925
interest, or both, for late payments, provided that the penalty	35926
does not exceed ten per cent of the amount of tax due, and the	35927
rate at which interest accrues does not exceed the rate per annum	35928
prescribed pursuant to section 5703.47 of the Revised Code. All	35929
revenues arising from the tax shall be expended in accordance with	35930
section 307.671 of the Revised Code and division (D) of this	35931
section. The levy of a tax imposed under this section may not	35932
commence prior to the first day of the month next following the	35933
execution of the cooperative agreement authorized by section	35934
307.671 of the Revised Code by all parties to that agreement. Such	35935
tax shall remain in effect at the rate at which it is imposed for	35936
the period of time described in division (C) of section 307.671 of	35937
the Revised Code for which the revenue from the tax has been	35938
pledged by the county to the corporation pursuant to such section,	35939
but, to any extent provided for in the cooperative agreement, for	35940
no lesser period than the period of time required for payment of	35941
the debt service charges on bonds, or notes in anticipation	35942
thereof, described in division (B)(1)(b) of that section.	35943

(E) For the purpose of paying the costs of acquiring,	35944
constructing, equipping, and improving a municipal educational and	35945
cultural facility, including debt service charges on bonds	35946
provided for in division (B) of section 307.672 of the Revised	35947
Code, and for such additional purposes as are determined by the	35948
county in the resolution levying the tax or amendments thereto,	35949
including subsequent amendments providing for paying costs of	35950
acquiring, constructing, renovating, rehabilitating, equipping,	35951
and improving a port authority educational and cultural performing	35952
arts facility, as defined in section 307.674 of the Revised Code,	35953
including debt service charges on bonds provided for in division	35954
(B) of section 307.674 of the Revised Code, the legislative	35955
authority of a county, by resolution adopted within ninety days	35956
after June 30, 1993, by a majority of the members of the	35957
legislative authority, may levy an additional excise tax not to	35958
exceed one and one-half per cent on transactions by which lodging	35959
by a hotel is or is to be furnished to transient guests. The	35960
excise tax authorized by this division shall be in addition to any	35961
tax that is levied pursuant to divisions (A), (B), (C), and (D) of	35962
this section, to any excise tax levied pursuant to division (C) of	35963
section 5739.02 of the Revised Code, and to any excise tax levied	35964
pursuant to section 351.021 of the Revised Code. The legislative	35965
authority of the county shall establish all regulations necessary	35966
to provide for the administration and allocation of the tax. The	35967
regulations may prescribe the time for payment of the tax, and may	35968
provide for the imposition of a penalty or interest, or both, for	35969
late payments, provided that the penalty does not exceed ten per	35970
cent of the amount of tax due, and the rate at which interest	35971
accrues does not exceed the rate per annum prescribed pursuant to	35972
section 5703.47 of the Revised Code. All revenues arising from the	35973
tax shall be expended in accordance with section 307.672 of the	35974
Revised Code and division (E) of this section. The levy of a tax	35975
imposed under this division shall not commence prior to the first	35976
day of the month next following the execution of the cooperative	35977
agreement authorized by section 307.672 of the Revised Code by all	35978
parties to that agreement. Such tax shall remain in effect at the	35979
rate at which it is imposed for the period of time determined by	35980
the legislative authority of the county, but not to exceed fifteen	35981
years.	35982

(F) The legislative authority of a county that has levied a	35983
tax under division (E) of this section may, by resolution adopted	35984
within one hundred eighty days after the effective date of this	35985
amendment January 4, 2001, by a majority of the members of the	35986
legislative authority, amend the resolution levying a tax under	35987
division (E) of this section to provide for the use of the	35988
proceeds of that tax, to the extent that it is no longer needed	35989
for its original purpose as determined by the parties to a	35990
cooperative agreement amendment pursuant to division (D) of	35991
section 307.672 of the Revised Code, to pay costs of acquiring,	35992
constructing, renovating, rehabilitating, equipping, and improving	35993
a port authority educational and cultural performing arts	35994
facility, including debt service charges on bonds provided for in	35995
division (B) of section 307.674 of the Revised Code, and to pay	35996
all obligations under any guaranty agreements, reimbursement	35997
agreements, or other credit enhancement agreements described in	35998
division (C) of section 307.674 of the Revised Code. The	35999
resolution may also provide for the extension of the tax at the	36000
same rate for the longer of the period of time determined by the	36001
legislative authority of the county, but not to exceed an	36002
additional twenty-five years, or the period of time required to	36003
pay all debt service charges on bonds provided for in division (B)	36004
of section 307.672 of the Revised Code and on port authority	36005
revenue bonds provided for in division (B) of section 307.674 of	36006
the Revised Code. All revenues arising from the amendment and	36007
extension of the tax shall be expended in accordance with section	36008
307.674 of the Revised Code and divisions (E) and (F) of this	36009
section.	36010

(G) A board of county commissioners, board of township	36011
trustees, or the legislative authority of a municipal corporation	36012
may adopt a resolution or ordinance at any time specifying that	36013
"hotel," as otherwise defined in section 5739.01 of the Revised	36014
Code, includes establishments in which fewer than five rooms are	36015
used for the accommodation of guests. The resolution or ordinance	36016
may apply to a tax imposed pursuant to this section prior to the	36017
adoption of the resolution or ordinance if the resolution or	36018
ordinance so states, but the tax shall not apply to transactions	36019
by which lodging by such an establishment is provided to transient	36020
guests prior to the adoption of the resolution or ordinance.	36021

Sec. 5747.122.  (A) The tax commissioner, in accordance with	36022
section 5101.184 of the Revised Code, shall cooperate with the	36023
director of job and family services to collect overpayments of	36024
assistance under Chapter 5107., 5111., or 5115., former Chapter	36025
5113., or sections section 5101.54 to 5101.543 of the Revised Code	36026
from refunds of state income taxes for taxable year 1992 and	36027
thereafter that are payable to the recipients of such	36028
overpayments.	36029

(B) At the request of the department of job and family	36030
services in connection with the collection of an overpayment of	36031
assistance from a refund of state income taxes pursuant to this	36032
section and section 5101.184 of the Revised Code, the tax	36033
commissioner shall release to the department the home address and	36034
social security number of any recipient of assistance whose	36035
overpayment may be collected from a refund of state income taxes	36036
under those sections.	36037

(C) In the case of a joint income tax return for two people	36038
who were not married to each other at the time one of them	36039
received an overpayment of assistance, only the portion of a	36040
refund that is due to the recipient of the overpayment shall be	36041
available for collection of the overpayment under this section and	36042
section 5101.184 of the Revised Code. The tax commissioner shall	36043
determine such portion. A recipient's spouse who objects to the	36044
portion as determined by the commissioner may file a complaint	36045
with the commissioner within twenty-one days after receiving	36046
notice of the collection, and the commissioner shall afford the	36047
spouse an opportunity to be heard on the complaint. The	36048
commissioner shall waive or extend the twenty-one-day period if	36049
the recipient's spouse establishes that such action is necessary	36050
to avoid unjust, unfair, or unreasonable results. After the	36051
hearing, the commissioner shall make a final determination of the	36052
portion of the refund available for collection of the overpayment.	36053

(D) The welfare overpayment intercept fund is hereby created	36054
in the state treasury. The tax commissioner shall deposit amounts	36055
collected from income tax refunds under this section to the credit	36056
of the welfare overpayment intercept fund. The director of job and	36057
family services shall distribute money in the fund in accordance	36058
with appropriate federal or state laws and procedures regarding	36059
collection of welfare overpayments.	36060

Sec. 5747.221.  For (A) As used in this section, "investment	36061
pass-through entity" has the same meaning as in section 5733.401	36062
of the Revised Code.	36063

(B) Except as provided in division (C) of this section, for	36064
the purposes of sections 5747.20, 5747.21, and 5747.22 of the	36065
Revised Code, no item of income or deduction shall be allocated or	36066
apportioned to this state to the extent that such item represents	36067
or relates to the portion of an adjusted qualifying amount for	36068
which the withholding tax is not imposed under section 5747.41 of	36069
the Revised Code by reason of division (C) of section 5733.401 of	36070
the Revised Code. This section shall be applied without regard to	36071
division (I) of section 5733.40 of the Revised Code.	36072

(C) If a taxpayer has a direct or indirect investment in an	36073
investment pass-through entity that has a direct or indirect	36074
investment in any other pass-through entity, division (B) of this	36075
section does not apply to any item of income, gain, deduction, or	36076
loss where, under section 5747.231 of the Revised Code, the item	36077
is directly or indirectly attributable to either of the following:	36078

(1) A distributive share of income or gain from a	36079
pass-through entity that does not qualify as an investment	36080
pass-through entity;	36081

(2) A pass-through entity's income or gain to which	36082
division (C) of section 5733.401 of the Revised Code does not	36083
apply.	36084

An indirect investment includes any interest that a person	36085
constructively owns on account of the attribution rules set forth	36086
in section 267, 318, or 1563 of the Internal Revenue Code.	36087

Sec. 5747.39.  As used in this section, "eligible employee"	36088
and "eligible training costs" have the same meanings as in section	36089
5733.42 of the Revised Code, and "pass-through entity" includes a	36090
sole proprietorship.	36091

For taxable years beginning after December 31, 2000 2002,	36092
there is hereby allowed a nonrefundable credit against the tax	36093
imposed by section 5747.02 of the Revised Code for a taxpayer that	36094
is an investor in a pass-through entity for which a tax credit	36095
certificate is issued under section 5733.42 of the Revised Code.	36096
The amount of eligible training costs for which a credit may be	36097
claimed by all taxpayers that are investors in an entity shall	36098
equal one-half of the average of the eligible training costs	36099
incurred by the entity during the three calendar years that end in	36100
the taxable year for which the credit is claimed, but shall not	36101
exceed one thousand dollars for each eligible employee on account	36102
of whom such costs were paid or incurred by the entity, and the	36103
total amount of credits that may be claimed by all such taxpayers	36104
shall not exceed one hundred thousand dollars each year. Each	36105
taxpayer's credit shall be claimed for the taxpayer's taxable year	36106
that includes the last day of the third calendar year of the	36107
three-year period during which eligible training costs are paid or	36108
incurred by the entity. The credit may be claimed for eligible	36109
training costs paid or incurred on or before December 31, 2003	36110
2005. The amount of a taxpayer's credit shall equal the taxpayer's	36111
interest in the entity on the last day of the third calendar year	36112
of the three-year period ending in or with the last day of the	36113
taxpayer's taxable year, multiplied by the credit available to the	36114
entity as computed by the entity.	36115

The credit shall be claimed in the order prescribed by	36116
section 5747.98 of the Revised Code. A taxpayer may carry forward	36117
the credit to the extent that the taxpayer's credit exceeds the	36118
taxpayer's tax due after allowing for any other credits that	36119
precede the credit allowed by this section in the order prescribed	36120
by section 5747.98 of the Revised Code. The taxpayer may carry	36121
the excess credit forward for three taxable years following the	36122
taxable year for which the taxpayer first claims the credit under	36123
this section.	36124

A pass-through entity shall apply to the director of job and	36125
family services for a tax credit certificate in the manner	36126
prescribed by division (C) of section 5733.42 of the Revised Code.	36127
Divisions (C) to (H) of that section govern the tax credit allowed	36128
by this section, except that "taxable year" shall be substituted	36129
for "tax year" wherever that phrase appears in those divisions,	36130
and that "pass-through entity" shall be substituted for "taxpayer"	36131
wherever "taxpayer" appears in those divisions.	36132

Sec. 6101.25.  The board of directors of a conservancy	36133
district may construct, improve, operate, maintain, and protect	36134
parks, parkways, forest preserves, bathing beaches, playgrounds,	36135
and other recreational facilities upon the lands owned or	36136
controlled by the district, or upon lands located within the	36137
district owned or controlled by the United States government or	36138
any department of it, by this state or any department or division	36139
of it, or by any political subdivision, if authorized by lease,	36140
contract, or other arrangements with the appropriate agency of	36141
government having ownership or control. The board may acquire by	36142
lease, purchase, or appropriation property additional to that	36143
required for the purposes for which the district was incorporated,	36144
in order to provide for the protection, more adequate development,	36145
and fuller public use and enjoyment of the improvements and	36146
facilities. The board may impose and collect charges for the use	36147
of the properties, improvements, and facilities maintained or	36148
operated by the district for recreational purposes. Moneys	36149
collected from these charges may be used to promote the district's	36150
recreational facilities.	36151

In case the revenues derived or to be derived from the	36152
properties, improvements, and facilities maintained, operated,	36153
used, or acquired by the district for recreational purposes are	36154
not sufficient for the purposes of this section, the board, with	36155
the approval of the court, may provide for the payment of	36156
obligations incurred under this section by the levy of special	36157
assessments upon all the taxable property of the district and upon	36158
public corporations having lands within the district.	36159

In no case shall the obligations incurred under this section	36160
be paid from the proceeds of special assessments levied under	36161
section 6101.48 or 6101.53 of the Revised Code, or of bonds or	36162
notes issued in anticipation of them. After special assessments	36163
against the taxable property and public corporations are approved	36164
by the court, the board of appraisers of the conservancy district	36165
shall appraise the benefits to be conferred on each parcel of	36166
taxable property and public corporation by reason of the	36167
acquisition and construction of the properties and improvements	36168
authorized by the board of directors under this section, and shall	36169
appraise the damages accruing to persons and public corporations	36170
from the improvements. The provisions of this chapter that refer	36171
to the determination of benefits and damages apply to the	36172
appraisals made under this section, but they shall be separate	36173
from other appraisals of benefits and damages made under this	36174
chapter, and separate records of them shall be prepared. After the	36175
appraisal of benefits has been approved by the court, and within	36176
the amount of benefits so determined, the board of directors may	36177
levy assessments on the taxable property and public corporations	36178
benefited to pay the cost of the properties and improvements	36179
acquired and constructed under this section, and may issue bonds	36180
and notes in anticipation of the collection of these assessments.	36181
In addition, the board of directors may annually levy a	36182
maintenance assessment for the purposes of this section on the	36183
taxable property and public corporations upon the basis of total	36184
appraised benefits. The provisions of this chapter that relate to	36185
assessments for district purposes and to bonds and notes issued in	36186
anticipation of the assessments apply to the assessments	36187
authorized under this section and the bonds and notes issued in	36188
anticipation of the assessments. Improvement, bond retirement,	36189
and maintenance funds shall be established for recreational	36190
purposes in conformity with section 6101.44 of the Revised Code,	36191
which shall be separate from one another and from other funds of	36192
the district, and no transfers shall be made to them from the	36193
other funds of the district. The proceeds of all bonds, notes,	36194
and assessments authorized by this section and all receipts	36195
derived from the recreational properties, improvements, and	36196
facilities owned, controlled, operated, or maintained by the	36197
district shall be paid into those funds, and all expenditures in	36198
accordance with this section shall be made from them.	36199

Sec. 6109.13.  No official, officer, or employee in charge of	36200
or being employed in the maintenance and operation of a public	36201
water system and no other person, or firm, or corporation shall	36202
establish or permit to be established any connection whereby water	36203
from a private, auxiliary, or emergency water system may enter the	36204
public water system, unless such the private, auxiliary, or	36205
emergency water system, and the method of connection and use of	36206
such the system, has have been approved by the environmental	36207
protection agency. However, a backflow prevention device shall not	36208
be required when a physical separation exists between the public	36209
water system and the private, auxiliary, or emergency water	36210
system.	36211

As used in this section:

36212

(A) "Backflow prevention device" means any device, method,	36213
or type of construction that is intended to prevent backflow into	36214
a potable water sytem.	36215

(B) "Physical separation" means that there is no direct or	36216
indirect connection between a public water system and a private,	36217
auxiliary, or emergency water system.	36218

Sec. 6109.21.  (A) Except as provided in divisions (D) and	36219
(E) of this section, on and after January 1, 1994, no person shall	36220
operate or maintain a public water system in this state without a	36221
license issued by the director of environmental protection. A	36222
person who operates or maintains a public water system on January	36223
1, 1994, shall obtain an initial license under this section in	36224
accordance with the following schedule:	36225

(1) If the public water system is a community water system,	36226
not later than January 31, 1994;	36227

(2) If the public water system is not a community water	36228
system and serves a nontransient population, not later than	36229
January 31, 1994;	36230

(3) If the public water system is not a community water	36231
system and serves a transient population, not later than January	36232
31, 1995.	36233

A person proposing to operate or maintain a new public water	36234
system after January 1, 1994, in addition to complying with	36235
section 6109.07 of the Revised Code and rules adopted under it,	36236
shall submit an application for an initial license under this	36237
section to the director prior to commencing operation of the	36238
system.	36239

A license or license renewal issued under this section shall	36240
be renewed annually. Such a license or license renewal shall	36241
expire on the thirtieth day of January in the year following its	36242
issuance. A license holder that proposes to continue operating	36243
the public water system for which the license or license renewal	36244
was issued shall apply for a license renewal at least thirty days	36245
prior to that expiration date.	36246

The director shall adopt, and may amend and rescind, rules in	36247
accordance with Chapter 119. of the Revised Code establishing	36248
procedures governing and information to be included on	36249
applications for licenses and license renewals under this section.	36250
Through June 30, 2002 2004, each application shall be accompanied	36251
by the appropriate fee established under division (M) of section	36252
3745.11 of the Revised Code, provided that an applicant for an	36253
initial license who is proposing to operate or maintain a new	36254
public water system after January 1, 1994, shall submit a fee that	36255
equals a prorated amount of the appropriate fee established under	36256
that division for the remainder of the licensing year.	36257

(B) Not later than thirty days after receiving a completed	36258
application and the appropriate license fee for an initial license	36259
under division (A) of this section, the director shall issue the	36260
license for the public water system. Not later than thirty days	36261
after receiving a completed application and the appropriate	36262
license fee for a license renewal under division (A) of this	36263
section, the director shall do one of the following:	36264

(1) Issue the license renewal for the public water system;

36265

(2) Issue the license renewal subject to terms and	36266
conditions that the director determines are necessary to ensure	36267
compliance with this chapter and rules adopted under it;	36268

(3) Deny the license renewal if the director finds that the	36269
public water system was not operated in substantial compliance	36270
with this chapter and rules adopted under it.	36271

(C) The director may suspend or revoke a license or license	36272
renewal issued under this section if the director finds that the	36273
public water system was not operated in substantial compliance	36274
with this chapter and rules adopted under it. The director shall	36275
adopt, and may amend and rescind, rules in accordance with Chapter	36276
119. of the Revised Code governing such suspensions and	36277
revocations.	36278

(D)(1) As used in division (D) of this section, "church"	36279
means a fellowship of believers, congregation, society,	36280
corporation, convention, or association that is formed primarily	36281
or exclusively for religious purposes and that is not formed or	36282
operated for the private profit of any person.	36283

(2) This section does not apply to a church that operates or	36284
maintains a public water system solely to provide water for that	36285
church or for a campground that is owned by the church and	36286
operated primarily or exclusively for members of the church and	36287
their families. A church that, on or before March 5, 1996, has	36288
obtained a license under this section for such a public water	36289
system need not obtain a license renewal under this section.	36290

(E) This section does not apply to any public or nonpublic	36291
school that meets minimum standards of the state board of	36292
education that operates or maintains a public water system solely	36293
to provide water for that school.	36294

Sec. 6111.035.  (A) The director of environmental	36295
protection, consistent with the Federal Water Pollution Control	36296
Act and the regulations adopted thereunder, without application	36297
therefor, may issue, modify, revoke, or terminate a general permit	36298
under this chapter for both of the following:	36299

(1) Discharge of stormwater; the discharge of liquids,	36300
sediments, solids, or water-borne mining related waste, such as,	36301
but not limited to, acids, metallic cations, or their salts, from	36302
coal mining and reclamation operations as defined in section	36303
1513.01 of the Revised Code; or treatment works whose discharge	36304
would have de minimis impact on the waters of the state receiving	36305
the discharge;	36306

(2) Installation or modification of disposal systems or any	36307
parts thereof, including disposal systems for stormwater or for	36308
coal mining and reclamation operations as defined in section	36309
1513.01 of the Revised Code.	36310

A general permit shall apply to a class or category of	36311
discharges or disposal systems or to persons conducting similar	36312
activities, within any area of the state, including the entire	36313
state.	36314

A general permit shall not be issued unless the director	36315
determines that the discharges authorized by the permit will have	36316
only minimal cumulative adverse effects on the environment when	36317
the discharges are considered collectively and individually and	36318
if, in the opinion of the director, the discharges, installations,	36319
or modifications authorized by the permit are more appropriately	36320
authorized by a general permit than by an individual permit.	36321

A general permit shall be issued subject to applicable	36322
mandatory provisions and may be issued subject to any applicable	36323
permissive provision of the Federal Water Pollution Control Act	36324
and the regulations adopted thereunder.	36325

The director, at the director's discretion, may require any	36326
person authorized to discharge or to install or modify a disposal	36327
system under a general permit to apply for and obtain an	36328
individual permit for the discharge, installation, or	36329
modification. When a particular discharge, installation, or	36330
modification is subject to an individual permit, a general permit	36331
shall not apply to that discharge, installation, or modification	36332
until the individual permit is revoked, terminated, or modified to	36333
exclude the discharge, installation, or modification.	36334

(B) Notwithstanding any requirement under Chapter 119. of	36335
the Revised Code concerning the manner in which notice of a permit	36336
action is provided, the director shall not be required to provide	36337
certified mail notice to persons subject to the issuance,	36338
modification, revocation, or termination of a general permit under	36339
division (A) of this section.	36340

Notwithstanding section 3745.07 of the Revised Code	36341
concerning the location of newspapers in which notices of permit	36342
actions are published, the director shall cause notice of the	36343
issuance, modification, revocation, or termination of a general	36344
permit to be published in the newspapers of general circulation	36345
determined by the director to provide reasonable notice to persons	36346
affected by the permit action in the geographic area covered by	36347
the general permit within the time periods prescribed by section	36348
3745.07 of the Revised Code. Any notice under this section or	36349
section 3745.07 of the Revised Code concerning the issuance,	36350
modification, revocation, or termination of a general permit shall	36351
include a summary of the permit action and instructions on how to	36352
obtain a copy of the full text of the permit action. The director	36353
may take other appropriate measures, such as press releases and	36354
notice to trade journals, associations, and other persons known to	36355
the director to desire notification, in order to provide notice of	36356
the director's actions concerning the issuance, modification,	36357
revocation, or termination of a general permit; however, the	36358
failure to provide such notice shall not invalidate any general	36359
permit.	36360

(C) Notwithstanding any other provision of the Revised Code,	36361
a person subject to the proposed issuance, modification,	36362
revocation, or termination of a general permit under division (A)	36363
of this section may request an adjudication hearing pursuant to	36364
section 119.07 of the Revised Code concerning the proposed action	36365
within thirty days after publication of the notice of the proposed	36366
action in newspapers of general circulation pursuant to division	36367
(B) of this section. This division shall not be interpreted to	36368
affect the authority of the director to take actions on general	36369
permits in forms other than proposed general permits.	36370

(D) The director may exercise all incidental powers required	36371
to carry out this section, including, without limitation, the	36372
adoption, amendment, and rescission of rules to implement a	36373
general permit program for classes or categories of dischargers or	36374
disposal systems.	36375

(E) On and after the date on which the United States	36376
environmental protection agency approves the NPDES program	36377
submitted by the director of agriculture under section 903.08 of	36378
the Revised Code, this section does not apply to storm water from	36379
an animal feeding facility, as defined in section 903.01 of the	36380
Revised Code, or to manure, as defined in that section.	36381

(F) As used in this section, "Federal Water Pollution	36382
Control Act" means the "Federal Water Pollution Control Act	36383
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by	36384
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251,	36385
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254,	36386
the "Municipal Wastewater Treatment Construction Grant Amendments	36387
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality	36388
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.	36389

Section 2. That existing sections 9.06, 9.821, 9.822,	36390
102.02, 103.143, 105.41, 111.16, 111.18, 111.23, 111.25, 118.08,	36391
120.06, 120.16, 120.26, 120.33, 121.40, 122.011, 122.71, 122.76,	36392
122.92, 125.22, 126.11, 126.21, 127.16, 131.01, 133.021, 133.06,	36393
133.07, 140.01, 166.03, 169.01, 173.40, 175.22, 179.02, 179.03,	36394
179.04, 181.51, 181.52, 181.54, 181.56, 183.09, 183.10, 183.17,	36395
301.27, 325.071, 329.042, 349.01, 503.162, 504.03, 504.04, 505.24,	36396
507.09, 901.43, 901.63, 901.81, 901.82, 917.07, 917.99, 1309.40,	36397
1309.401, 1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07,	36398
1329.42, 1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601,	36399
1501.01, 1501.40, 1503.011, 1507.01, 1509.071, 1514.11, 1521.04,	36400
1531.35, 1533.13, 1547.67, 1561.26, 1701.05, 1701.07, 1701.81,	36401
1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15,	36402
1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55,	36403
1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63,	36404
1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26,	36405
1907.24, 2151.34, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,	36406
2715.045, 2716.13, 2921.13, 2949.091, 2953.21, 3109.14, 3301.075,	36407
3301.70, 3301.80, 3311.057, 3313.37, 3313.41, 3313.603, 3313.608,	36408
3313.64, 3314.07, 3314.08, 3314.09, 3317.01, 3317.012, 3317.013,	36409
3317.014, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,	36410
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,	36411
3317.051, 3317.064, 3317.11, 3317.13, 3317.16, 3317.161,	36412
3317.162, 3317.19, 3317.20, 3318.04, 3318.05, 3318.052, 3318.06,	36413
3318.08, 3318.12, 3318.31, 3318.36, 3318.362, 3318.37, 3318.38,	36414
3319.19, 3321.01, 3323.09, 3323.091, 3333.02, 3333.03, 3333.043,	36415
3333.12, 3333.13, 3333.21, 3333.22, 3383.01, 3383.02, 3383.04,	36416
3383.07, 3701.142, 3702.68, 3721.07, 3721.12, 3721.16, 3721.17,	36417
3734.57, 3734.82, 3734.901, 3745.014, 3745.04, 3745.11, 3745.22,	36418
3750.02, 3769.08, 3769.20, 3770.06, 3793.04, 3902.23, 3923.28,	36419
3923.30, 4105.17, 4115.10, 4121.44, 4123.27, 4301.43, 4504.05,	36420
4511.81, 4701.10, 4701.16, 4713.10, 4715.03, 4715.13, 4715.14,	36421
4715.16, 4715.21, 4715.24, 4715.27, 4717.02, 4717.07, 4717.08,	36422
4717.09, 4723.08, 4723.79, 4731.14, 4731.53, 4736.12, 4736.14,	36423
4743.05, 4775.01, 4775.02, 4775.08, 4775.99, 5101.071, 5101.14,	36424
5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.521,	36425
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031,	36426
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0316, 5103.07,	36427
5107.02, 5107.10, 5107.14, 5107.18, 5108.01, 5108.06, 5108.07,	36428
5108.08, 5108.09, 5108.10, 5111.01, 5111.041, 5111.17, 5111.20,	36429
5111.22, 5111.23, 5111.231, 5111.25, 5111.251, 5111.255, 5111.28,	36430
5111.29, 5111.34, 5111.58, 5111.87, 5119.01, 5119.06, 5119.61,	36431
5123.01, 5123.041, 5123.60, 5123.71, 5123.76, 5126.01, 5126.042,	36432
5126.05, 5126.051, 5126.12, 5126.18, 5126.357, 5126.431, 5139.01,	36433
5139.11, 5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5705.091,	36434
5705.41, 5705.44, 5709.17, 5721.30, 5725.31, 5727.81, 5727.811,	36435
5727.84, 5727.85, 5729.07, 5733.053, 5733.056, 5733.06, 5733.122,	36436
5733.401, 5733.42, 5739.01, 5739.02, 5739.024, 5747.122,	36437
5747.221, 5747.39, 6101.25, 6109.13, 6109.21, and 6111.035 and	36438
sections 9.832, 105.45, 105.46, 121.51, 121.52, 121.53, 131.41,	36439
166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12, 2151.341,	36440
3317.0215, 3318.055, 3318.061, 3318.081, 3318.13, 3318.14,	36441
3318.17, 3318.361, 3702.17, 3729.01, 3729.02, 3729.03, 3729.05,	36442
3729.10, 3729.11, 3729.12, 3729.14, 3729.15, 3729.16, 3729.17,	36443
3729.18, 3729.21, 3729.22, 3729.23, 3729.24, 3729.26, 3729.29,	36444
3729.36, 3729.40, 3729.41, 3729.43, 3729.45, 3729.46, 3729.55,	36445
3729.61, 3729.99, 5101.143, 5101.52, 5101.541, 5101.542, 5101.543,	36446
5101.851, 5101.852, 5111.341, 5111.88, 5126.054, and 5139.281 of	36447
the Revised Code are hereby repealed.	36448

Section 3. That the versions of sections 2152.43 and 5139.31	36449
of the Revised Code that are scheduled to take effect January 1,	36450
2002, be amended to read as follows:	36451

Sec.  2152.43.  (A) A board of county commissioners that	36452
provides a detention facility and the board of trustees of a	36453
district detention facility may apply to the department of youth	36454
services under section 5139.281 of the Revised Code for assistance	36455
in defraying the cost of operating and maintaining the facility.	36456
The application shall be made on forms prescribed and furnished by	36457
the department.	36458

The board of county commissioners of each county that	36459
participates in a district detention facility may apply to the	36460
department of youth services for assistance in defraying the	36461
county's share of the cost of acquisition or construction of the	36462
facility, as provided in section 5139.271 of the Revised Code.	36463
Application shall be made in accordance with rules adopted by the	36464
department. No county shall be reimbursed for expenses incurred	36465
in the acquisition or construction of a district detention	36466
facility that serves a district having a population of less than	36467
one hundred thousand.	36468

(B)(1) The joint boards of county commissioners of district	36469
detention facilities shall defray all necessary expenses of the	36470
facility not paid from funds made available under section 5139.281	36471
of the Revised Code, through annual assessments of taxes, through	36472
gifts, or through other means.	36473

If any county withdraws from a district under division (D) of	36474
section 2152.41 of the Revised Code, it shall continue to have	36475
levied against its tax duplicate any tax levied by the district	36476
during the period in which the county was a member of the district	36477
for current operating expenses, permanent improvements, or the	36478
retirement of bonded indebtedness. The levy shall continue to be	36479
a levy against the tax duplicate of the county until the time that	36480
it expires or is renewed.	36481

(2) The current expenses of maintaining the facility not	36482
paid from funds made available under section 5139.281 of the	36483
Revised Code or division (C) of this section, and the cost of	36484
ordinary repairs to the facility, shall be paid by each county in	36485
accordance with one of the following methods as approved by the	36486
joint board of county commissioners:	36487

(a) In proportion to the number of children from that county	36488
who are maintained in the facility during the year;	36489

(b) By a levy submitted by the joint board of county	36490
commissioners under division (A) of section 5705.19 of the Revised	36491
Code and approved by the electors of the district;	36492

(c) In proportion to the taxable property of each county, as	36493
shown by its tax duplicate;	36494

(d) In any combination of the methods for payment described	36495
in division (B)(2)(a), (b), or (c) of this section.	36496

(C) When any person donates or bequeaths any real or	36497
personal property to a county or district detention facility, the	36498
juvenile court or the trustees of the facility may accept and use	36499
the gift, consistent with the best interest of the institution and	36500
the conditions of the gift.	36501

Sec. 5139.31.  The department of youth services may inspect	36502
any school, forestry camp, district detention facility, or other	36503
facility for which an application for financial assistance has	36504
been made to the department under section 2152.43, 2151.651, or	36505
2151.652 of the Revised Code or for which financial assistance has	36506
been granted by the department under section 5139.27, 5139.271, or	36507
5139.28, or 5139.281 of the Revised Code. The inspection may	36508
include, but need not be limited to, examination and evaluation of	36509
the physical condition of the school, forestry camp, district	36510
detention facility, or other facility, including any equipment	36511
used in connection with it; observation and evaluation of the	36512
training and treatment of children admitted to it; examination and	36513
analysis and copying of any papers, records, or other documents	36514
relating to the qualifications of personnel, the commitment of	36515
children to it, and its administration.	36516

Section 4. That the existing versions of sections 2152.43 and	36517
5139.31 of the Revised Code that are scheduled to take effect	36518
January 1, 2002, are hereby repealed.	36519

Section 5. Sections 3 and 4 of this act shall take effect on	36520
January 1, 2002.	36521

Section 6. That the versions of sections 5139.01 and 5139.11	36522
of the Revised Code that are scheduled to take effect January 1,	36523
2002, be amended to read as follows:	36524

Sec. 5139.01.  (A) As used in this chapter:

36525

(1) "Commitment" means the transfer of the physical custody	36526
of a child or youth from the court to the department of youth	36527
services.	36528

(2) "Permanent commitment" means a commitment that vests	36529
legal custody of a child in the department of youth services.	36530

(3) "Legal custody," insofar as it pertains to the status	36531
that is created when a child is permanently committed to the	36532
department of youth services, means a legal status in which the	36533
department has the following rights and responsibilities: the	36534
right to have physical possession of the child; the right and duty	36535
to train, protect, and control the child; the responsibility to	36536
provide the child with food, clothing, shelter, education, and	36537
medical care; and the right to determine where and with whom the	36538
child shall live, subject to the minimum periods of, or periods	36539
of, institutional care prescribed in sections 2152.13 to 2152.18	36540
of the Revised Code; provided, that these rights and	36541
responsibilities are exercised subject to the powers, rights,	36542
duties, and responsibilities of the guardian of the person of the	36543
child, and subject to any residual parental rights and	36544
responsibilities.	36545

(4) Unless the context requires a different meaning,	36546
"institution" means a state facility that is created by the	36547
general assembly and that is under the management and control of	36548
the department of youth services or a private entity with which	36549
the department has contracted for the institutional care and	36550
custody of felony delinquents.	36551

(5) "Full-time care" means care for twenty-four hours a day	36552
for over a period of at least two consecutive weeks.	36553

(6) "Placement" means the conditional release of a child	36554
under the terms and conditions that are specified by the	36555
department of youth services. The department shall retain legal	36556
custody of a child released pursuant to division (C) of section	36557
2152.22 of the Revised Code or division (C) of section 5139.06 of	36558
the Revised Code until the time that it discharges the child or	36559
until the legal custody is terminated as otherwise provided by	36560
law.	36561

(7) "Home placement" means the placement of a child in the	36562
home of the child's parent or parents or in the home of the	36563
guardian of the child's person.	36564

(8) "Discharge" means that the department of youth services'	36565
legal custody of a child is terminated.	36566

(9) "Release" means the termination of a child's stay in an	36567
institution and the subsequent period during which the child	36568
returns to the community under the terms and conditions of	36569
supervised release.	36570

(10) "Delinquent child" has the same meaning as in section	36571
2152.02 of the Revised Code.	36572

(11) "Felony delinquent" means any child who is at least	36573
twelve years of age but less than eighteen years of age and who is	36574
adjudicated a delinquent child for having committed an act that if	36575
committed by an adult would be a felony. "Felony delinquent"	36576
includes any adult who is between the ages of eighteen and	36577
twenty-one and who is in the legal custody of the department of	36578
youth services for having committed an act that if committed by an	36579
adult would be a felony.	36580

(12) "Juvenile traffic offender" has the same meaning as in	36581
section 2152.02 of the Revised Code.	36582

(13) "Public safety beds" means all of the following:

36583

(a) Felony delinquents who have been committed to the	36584
department of youth services for the commission of an act, other	36585
than a violation of section 2911.01 or 2911.11 of the Revised	36586
Code, that is a category one offense or a category two offense and	36587
who are in the care and custody of an institution or have been	36588
diverted from care and custody in an institution and placed in a	36589
community corrections facility;	36590

(b) Felony delinquents who, while committed to the	36591
department of youth services and in the care and custody of an	36592
institution or a community corrections facility, are adjudicated	36593
delinquent children for having committed in that institution or	36594
community corrections facility an act that if committed by an	36595
adult would be a felony;	36596

(c) Children who satisfy all of the following:

36597

(i) They are at least twelve years of age but less than	36598
eighteen years of age.	36599

(ii) They are adjudicated delinquent children for having	36600
committed acts that if committed by an adult would be a felony.	36601

(iii) They are committed to the department of youth services	36602
by the juvenile court of a county that has had one-tenth of one	36603
per cent or less of the statewide adjudications for felony	36604
delinquents as averaged for the past four fiscal years.	36605

(iv) They are in the care and custody of an institution or a	36606
community corrections facility.	36607

(d) Felony delinquents who, while committed to the	36608
department of youth services and in the care and custody of an	36609
institution, commit in that institution an act that if committed	36610
by an adult would be a felony, who are serving disciplinary time	36611
for having committed that act, and who have been institutionalized	36612
or institutionalized in a secure facility for the minimum period	36613
of time specified in divisions (A)(1)(b) to (e) of section	36614
2152.16 of the Revised Code.	36615

(e) Felony delinquents who are subject to and serving a	36616
three-year period of commitment order imposed by a juvenile court	36617
pursuant to divisions (A) and (B) of section 2152.17 of the	36618
Revised Code for an act, other than a violation of section 2911.11	36619
of the Revised Code, that would be a category one offense or	36620
category two offense if committed by an adult.	36621

(f) Felony delinquents who are described in divisions	36622
(A)(13)(a) to (e) of this section, who have been granted a	36623
judicial release to court supervision under division (B) of	36624
section 2152.22 of the Revised Code or a judicial release to the	36625
department of youth services supervision under division (C) of	36626
that section from the commitment to the department of youth	36627
services for the act described in divisions (A)(13)(a) to (e) of	36628
this section, who have violated the terms and conditions of that	36629
release, and who, pursuant to an order of the court of the county	36630
in which the particular felony delinquent was placed on release	36631
that is issued pursuant to division (D) of section 2152.22 of the	36632
Revised Code, have been returned to the department for	36633
institutionalization or institutionalization in a secure facility.	36634

(g) Felony delinquents who have been committed to the	36635
custody of the department of youth services, who have been granted	36636
supervised release from the commitment pursuant to section 5139.51	36637
of the Revised Code, who have violated the terms and conditions of	36638
that supervised release, and who, pursuant to an order of the	36639
court of the county in which the particular child was placed on	36640
supervised release issued pursuant to division (F) of section	36641
5139.52 of the Revised Code, have had the supervised release	36642
revoked and have been returned to the department for	36643
institutionalization. A felony delinquent described in this	36644
division shall be a public safety bed only for the time during	36645
which the felony delinquent is institutionalized as a result of	36646
the revocation subsequent to the initial thirty-day period of	36647
institutionalization required by division (F) of section 5139.52	36648
of the Revised Code.	36649

(14) "State target youth" means twenty-five per cent of the	36650
projected total number of felony delinquents for each year of a	36651
biennium, factoring in revocations and recommitments.	36652

(15) Unless the context requires a different meaning,	36653
"community corrections facility" means a county or multicounty	36654
rehabilitation center for felony delinquents who have been	36655
committed to the department of youth services and diverted from	36656
care and custody in an institution and placed in the	36657
rehabilitation center pursuant to division (E) of section 5139.36	36658
of the Revised Code.	36659

(16) "Secure facility" means any facility that is designed	36660
and operated to ensure that all of its entrances and exits are	36661
under the exclusive control of its staff and to ensure that,	36662
because of that exclusive control, no child who has been	36663
institutionalized in the facility may leave the facility without	36664
permission or supervision.	36665

(17) "Community residential program" means a program that	36666
satisfies both of the following:	36667

(a) It is housed in a building or other structure that has	36668
no associated major restraining construction, including, but not	36669
limited to, a security fence.	36670

(b) It provides twenty-four-hour care, supervision, and	36671
programs for felony delinquents who are in residence.	36672

(18) "Category one offense" and "category two offense" have	36673
the same meanings as in section 2151.26 of the Revised Code.	36674

(19) "Disciplinary time" means additional time that the	36675
department of youth services requires a felony delinquent to serve	36676
in an institution, that delays the person's or felony delinquent's	36677
planned release, and that the department imposes upon the person	36678
or felony delinquent following the conduct of an internal due	36679
process hearing for having committed any of the following acts	36680
while committed to the department and in the care and custody of	36681
an institution:	36682

(a) An act that if committed by an adult would be a felony;

36683

(b) An act that if committed by an adult would be a	36684
misdemeanor;	36685

(c) An act that is not described in division (A)(19)(a) or	36686
(b) of this section and that violates an institutional rule of	36687
conduct of the department.	36688

(20) "Unruly child" has the same meaning as in section	36689
2151.022 of the Revised Code.	36690

(21) "Revocation" means the act of revoking a child's	36691
supervised release for a violation of a term or condition of the	36692
child's supervised release in accordance with section 5139.52 of	36693
the Revised Code.	36694

(22) "Release authority" means the release authority of the	36695
department of youth services that is established by section	36696
5139.50 of the Revised Code.	36697

(23) "Supervised release" means the event of the release of a	36698
child under this chapter from an institution and the period after	36699
that release during which the child is supervised and assisted by	36700
an employee of the department of youth services under specific	36701
terms and conditions for reintegration of the child into the	36702
community.	36703

(24) "Victim" means the person identified in a police report,	36704
complaint, or information as the victim of an act that would have	36705
been a criminal offense if committed by an adult and that provided	36706
the basis for adjudication proceedings resulting in a child's	36707
commitment to the legal custody of the department of youth	36708
services.	36709

(25) "Victim's representative" means a member of the victim's	36710
family or another person whom the victim or another authorized	36711
person designates in writing, pursuant to section 5139.56 of the	36712
Revised Code, to represent the victim with respect to proceedings	36713
of the release authority of the department of youth services and	36714
with respect to other matters specified in that section.	36715

(26) "Member of the victim's family" means a spouse, child,	36716
stepchild, sibling, parent, stepparent, grandparent, other	36717
relative, or legal guardian of a child but does not include a	36718
person charged with, convicted of, or adjudicated a delinquent	36719
child for committing a criminal or delinquent act against the	36720
victim or another criminal or delinquent act arising out of the	36721
same conduct, criminal or delinquent episode, or plan as the	36722
criminal or delinquent act committed against the victim.	36723

(27) "Judicial release to court supervision" means a release	36724
of a child from institutional care or institutional care in a	36725
secure facility that is granted by a court pursuant to division	36726
(B) of section 2152.22 of the Revised Code during the period	36727
specified in that division.	36728

(28) "Judicial release to department of youth services	36729
supervision" means a release of a child from institutional care or	36730
institutional care in a secure facility that is granted by a court	36731
pursuant to division (C) of section 2152.22 of the Revised Code	36732
during the period specified in that division.	36733

(29) "Comprehensive plan" means a document that coordinates,	36734
evaluates, and otherwise assists, on an annual or multi-year	36735
basis, all of the functions of the criminal and juvenile justice	36736
systems of the state or a specified area of the state, that	36737
conforms to the priorities of the state with respect to criminal	36738
and juvenile justice systems, and that conforms with the	36739
requirements of all federal criminal justice acts. These	36740
functions include, but are not limited to, all of the following:	36741

(a) Crime and delinquency prevention;

36742

(b) Identification, detection, apprehension, and detention	36743
of persons charged with criminal offenses or delinquent acts;	36744

(c) Assistance to crime victims or witnesses, except that	36745
the comprehensive plan does not include the functions of the	36746
attorney general pursuant to sections 109.91 and 109.92 of the	36747
Revised Code;	36748

(d) Adjudication or diversion of persons charged with	36749
criminal offenses or delinquent acts;	36750

(e) Custodial treatment of criminal offenders and delinquent	36751
children;	36752

(f) Institutional and noninstitutional rehabilitation of	36753
criminal offenders and delinquent children.	36754

(30) "Administrative planning district," "criminal justice	36755
coordinating council," "juvenile justice system," and	36756
"metropolitan county criminal justice services agency" have the	36757
same meanings as in section 181.51 of the Revised Code.	36758

(B) There is hereby created the department of youth	36759
services. The governor shall appoint the director of the	36760
department with the advice and consent of the senate. The	36761
director shall hold office during the term of the appointing	36762
governor but subject to removal at the pleasure of the governor.	36763
Except as otherwise authorized in section 108.05 of the Revised	36764
Code, the director shall devote the director's entire time to the	36765
duties of the director's office and shall hold no other office or	36766
position of trust or profit during the director's term of office.	36767

The director is the chief executive and administrative	36768
officer of the department and has all the powers of a department	36769
head set forth in Chapter 121. of the Revised Code. The director	36770
may adopt rules for the government of the department, the conduct	36771
of its officers and employees, the performance of its business,	36772
and the custody, use, and preservation of the department's	36773
records, papers, books, documents, and property. The director	36774
shall be an appointing authority within the meaning of Chapter	36775
124. of the Revised Code. Whenever this or any other chapter or	36776
section of the Revised Code imposes a duty on or requires an	36777
action of the department, the duty or action shall be performed by	36778
the director or, upon the director's order, in the name of the	36779
department.	36780

Sec. 5139.11.  The department of youth services shall do all	36781
of the following:	36782

(A) Through a program of education, promotion, and	36783
organization, form groups of local citizens and assist these	36784
groups in conducting activities aimed at the prevention and	36785
control of juvenile delinquency, making use of local people and	36786
resources for the following purposes:	36787

(1) Combatting local conditions known to contribute to	36788
juvenile delinquency;	36789

(2) Developing recreational and other programs for youth	36790
work;	36791

(3) Providing adult sponsors for delinquent children cases;

36792

(4) Dealing with other related problems of the locality.

36793

(B) Advise local, state, and federal officials, public and	36794
private agencies, and lay groups on the needs for and possible	36795
methods of the reduction and prevention of juvenile delinquency	36796
and the treatment of delinquent children;	36797

(C) Consult with the schools and courts of this state on the	36798
development of programs for the reduction and prevention of	36799
delinquency and the treatment of delinquents;	36800

(D) Cooperate with other agencies whose services deal with	36801
the care and treatment of delinquent children to the end that	36802
delinquent children who are state wards may be assisted whenever	36803
possible to a successful adjustment outside of institutional care;	36804

(E) Cooperate with other agencies in surveying, developing,	36805
and utilizing the recreational resources of a community as a means	36806
of combatting the problem of juvenile delinquency and effectuating	36807
rehabilitation;	36808

(F) Hold district and state conferences from time to time in	36809
order to acquaint the public with current problems of juvenile	36810
delinquency and develop a sense of civic responsibility toward the	36811
prevention of juvenile delinquency;	36812

(G) Assemble and distribute information relating to juvenile	36813
delinquency and report on studies relating to community conditions	36814
that affect the problem of juvenile delinquency;	36815

(H) Assist any community within the state by conducting a	36816
comprehensive survey of the community's available public and	36817
private resources, and recommend methods of establishing a	36818
community program for combatting juvenile delinquency and crime,	36819
but no survey of that type shall be conducted unless local	36820
individuals and groups request it through their local authorities,	36821
and no request of that type shall be interpreted as binding the	36822
community to following the recommendations made as a result of the	36823
request;	36824

(I) Evaluate the rehabilitation of children committed to the	36825
department and prepare and submit periodic reports to the	36826
committing court for the following purposes:	36827

(1) Evaluating the effectiveness of institutional treatment;

36828

(2) Making recommendations for judicial release under	36829
section 2152.22 of the Revised Code if appropriate and	36830
recommending conditions for judicial release;	36831

(3) Reviewing the placement of children and recommending	36832
alternative placements where appropriate.	36833

(J) Coordinate dates for hearings to be conducted under	36834
section 2152.22 of the Revised Code and assist in the transfer	36835
and release of children from institutionalization to the custody	36836
of the committing court;	36837

(K)(1) Coordinate and assist juvenile justice systems by	36838
doing the following:	36839

(a) Performing juvenile justice system planning in the state,	36840
including any planning that is required by any federal law;	36841

(b) Collecting, analyzing, and correlating information and	36842
data concerning the juvenile justice system in the state;	36843

(c) Cooperating with and providing technical assistance to	36844
state departments, administrative planning districts, metropolitan	36845
county criminal justice services agencies, criminal justice	36846
coordinating councils, and agencies, offices, and departments of	36847
the juvenile justice system in the state, and other appropriate	36848
organizations and persons;	36849

(d) Encouraging and assisting agencies, offices, and	36850
departments of the juvenile justice system in the state and other	36851
appropriate organizations and persons to solve problems that	36852
relate to the duties of the department;	36853

(e) Administering within the state any juvenile justice acts	36854
that the governor requires the department to administer;	36855

(f) Implementing the state comprehensive plans;

36856

(g) Auditing grant activities of agencies, offices,	36857
organizations, and persons that are financed in whole or in part	36858
by funds granted through the department;	36859

(h) Monitoring or evaluating the performance of juvenile	36860
justice system projects and programs in the state that are	36861
financed in whole or in part by funds granted through the	36862
department;	36863

(i) Applying for, allocating, disbursing, and accounting for	36864
grants that are made available pursuant to federal juvenile	36865
justice acts, or made available from other federal, state, or	36866
private sources, to improve the criminal and juvenile justice	36867
systems in the state. All money from federal juvenile justice act	36868
grants shall, if the terms under which the money is received	36869
require that the money be deposited into an interest bearing fund	36870
or account, be deposited in the state treasury to the credit of	36871
the federal juvenile justice program purposes fund, which is	36872
hereby created. All investment earnings shall be credited to the	36873
fund.	36874

(j) Contracting with federal, state, and local agencies,	36875
foundations, corporations, businesses, and persons when necessary	36876
to carry out the duties of the department;	36877

(k) Overseeing the activities of metropolitan county	36878
criminal justice services agencies, administrative planning	36879
districts, and juvenile justice coordinating councils in the	36880
state;	36881

(l) Advising the general assembly and governor on	36882
legislation and other significant matters that pertain to the	36883
improvement and reform of the juvenile justice system in the	36884
state;	36885

(m) Preparing and recommending legislation to the general	36886
assembly and governor for the improvement of the juvenile justice	36887
system in the state;	36888

(n) Assisting, advising, and making any reports that are	36889
required by the governor, attorney general, or general assembly.	36890

(2) Division (K)(1) of this section does not limit the	36891
discretion or authority of the attorney general with respect to	36892
crime victim assistance and criminal and juvenile justice	36893
programs.	36894

(3) Nothing in division (K)(1) of this section is intended	36895
to diminish or alter the status of the office of the attorney	36896
general as a criminal justice services agency.	36897

Section 7. That the existing versions of sections 5139.01 and	36898
5139.11 of the Revised Code that are scheduled to take effect	36899
January 1, 2002, are hereby repealed.	36900

Section 8. Sections 6 and 7 of this act shall take effect on	36901
January 1, 2002.	36902

Section 9.  Except as otherwise provided, all appropriation	36903
items (AI) in this act are appropriated out of any moneys in the	36904
state treasury to the credit of the designated fund that are not	36905
otherwise appropriated. For all appropriations made in this act,	36906
the amounts in the first column are for fiscal year 2002 and the	36907
amounts in the second column are for fiscal year 2003.	36908

Section 10.  ACC ACCOUNTANCY BOARD OF OHIO	36911

General Services Fund Group

36912

Section 11.  PAY ACCRUED LEAVE LIABILITY	36919

Accrued Leave Liability Fund Group

36920

Agency Fund Group

36925

ACCRUED LEAVE LIABILITY FUND

36932

The foregoing appropriation item 995-666, Accrued Leave Fund,	36933
shall be used to make payments from the Accrued Leave Liability	36934
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	36935
If it is determined by the Director of Budget and Management that	36936
additional amounts are necessary, the amounts are appropriated.	36937

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

36938

The foregoing appropriation item 995-667, Disability Fund,	36939
shall be used to make payments from the State Employee Disability	36940
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	36941
Revised Code. If it is determined by the Director of Budget and	36942
Management that additional amounts are necessary, the amounts are	36943
appropriated.	36944

STATE EMPLOYEE HEALTH BENEFIT FUND

36945

The foregoing appropriation item 995-668, State Employee	36946
Health Benefit Fund, shall be used to make payments from the State	36947
Employee Health Benefit Fund (Fund 808), pursuant to section	36948
124.87 of the Revised Code. If it is determined by the Director	36949
of Budget and Management that additional amounts are necessary,	36950
the amounts are appropriated.	36951

DEPENDENT CARE SPENDING ACCOUNT

36952

The foregoing appropriation item 995-669, Dependent Care	36953
Spending Account, shall be used to make payments from the	36954
Dependent Care Spending Account (Fund 809) to employees eligible	36955
for dependent care expenses. If it is determined by the Director	36956
of Budget and Management that additional amounts are necessary,	36957
the amounts are appropriated.	36958

LIFE INSURANCE INVESTMENT FUND

36959

The foregoing appropriation item 995-670, Life Insurance	36960
Investment Fund, shall be used to make payments from the Life	36961
Insurance Investment Fund (Fund 810) for the costs and expenses of	36962
the state's life insurance benefit program pursuant to section	36963
125.212 of the Revised Code. If it is determined by the Director	36964
of Budget and Management that additional amounts are necessary,	36965
the amounts are appropriated.	36966

PARENTAL LEAVE BENEFIT FUND

36967

The foregoing appropriation item 995-671, Parental Leave	36968
Benefit Fund, shall be used to make payments from the Parental	36969
Leave Benefit Fund (Fund 811) to employees eligible for parental	36970
leave benefits pursuant to section 124.137 of the Revised Code. If	36971
it is determined by the Director of Budget and Management that	36972
additional amounts are necessary, the amounts are appropriated.	36973

Section 12.  ADJ ADJUTANT GENERAL

36974

General Revenue Fund

36975

General Services Fund Group

36983

Federal Special Revenue Fund Group

36988

State Special Revenue Fund Group

36995

ARMORY DEFERRED MAINTENANCE

36999

Of the foregoing appropriation item 745-403, Armory Deferred	37000
Maintenance, all disbursements shall be made based on a spending	37001
plan approved by the Director of Budget and Management.	37002

ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD	37003
TRAINING SITE AGREEMENT	37004

On July 1, 2001, or as soon thereafter as possible, the	37005
Adjutant General shall certify to the Director of Budget and	37006
Management the cash balance in Fund 343, Army National Guard	37007
Training Site Agreement. The Director of Budget and Management	37008
shall transfer the certified amount from Fund 343 to Fund 342,	37009
Army National Guard Service Agreement. Any existing encumbrances	37010
in appropriation item 745-619, Army National Guard Training Site	37011
Agreement (Fund 343), shall be canceled and reestablished against	37012
appropriation item 745-616, Army National Guard Service Agreement	37013
(Fund 342). The amounts of the reestablished encumbrances are	37014
appropriated, and Fund 343 is abolished.	37015

Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

37016

General Revenue Fund

37017

General Services Fund Group

37039

Intragovernmental Service Fund Group

37061

Agency Fund Group

37066

Holding Account Redistribution Fund Group

37070

Section 13.01.  AGENCY AUDIT EXPENSES

37076

Of the foregoing appropriation item 100-405, Agency Audit	37077
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	37078
fiscal year 2003 shall be used to subsidize the operations of the	37079
Central Service Agency. The Department of Administrative Services	37080
shall transfer cash from appropriation item 100-405, Agency Audit	37081
Expenses, to the Central Service Agency Fund (Fund 115) using an	37082
intrastate transfer voucher.	37083

Of the foregoing appropriation item 100-405, Agency Audit	37084
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	37085
year 2003 shall be used for the Department of Administrative	37086
Services' GRF appropriation item-related auditing expenses. The	37087
remainder of the appropriation shall be used for auditing expenses	37088
designated in division (A)(1) of section 117.13 of the Revised	37089
Code for those state agencies audited on a biennial basis.	37090

Section 13.02. OHIO BUILDING AUTHORITY

37091

The foregoing appropriation item 100-447, OBA - Building Rent	37092
Payments, shall be used to meet all payments at the times they are	37093
required to be made during the period from July 1, 2001, to June	37094
30, 2003, by the Department of Administrative Services to the Ohio	37095
Building Authority pursuant to leases and agreements under Chapter	37096
152. of the Revised Code, but limited to the aggregate amount of	37097
$219,999,200. The foregoing appropriation item 100-448, OBA -	37098
Building Operating Payments, shall be used to meet all payments at	37099
the times that they are required to be made during the period from	37100
July 1, 2001, to June 30, 2003, by the Department of	37101
Administrative Services to the Ohio Building Authority pursuant to	37102
leases and agreements under Chapter 152. of the Revised Code, but	37103
limited to the aggregate amount of $52,196,000. These	37104
appropriations are the source of funds pledged for bond service	37105
charges on obligations issued pursuant to Chapter 152. of the	37106
Revised Code.	37107

The payments to the Ohio Building Authority are for the	37108
purpose of paying the expenses of agencies that occupy space in	37109
the various state facilities. The Department of Administrative	37110
Services may enter into leases and agreements with the Ohio	37111
Building Authority providing for the payment of these expenses.	37112
The Ohio Building Authority shall report to the Department of	37113
Administrative Services and the Office of Budget and Management	37114
not later than five months after the start of a fiscal year the	37115
actual expenses incurred by the Ohio Building Authority in	37116
operating the facilities and any balances remaining from payments	37117
and rentals received in the prior fiscal year. The Department of	37118
Administrative Services shall reduce subsequent payments by the	37119
amount of the balance reported to it by the Ohio Building	37120
Authority.	37121

Section 13.03.  DAS - BUILDING OPERATING PAYMENTS

37122

The foregoing appropriation item 100-449, DAS - Building	37123
Operating Payments, shall be used to pay the rent expenses of	37124
veterans organizations pursuant to section 123.024 of the Revised	37125
Code in fiscal years 2002 and 2003.	37126

The foregoing appropriation item, 100-449, DAS - Building	37127
Operating Payments, may be used to provide funding for the cost of	37128
property appraisals that the Department of Administrative Services	37129
may be required to obtain for property that is being sold by the	37130
state or property under consideration to be purchased by the	37131
state.	37132

Of the foregoing appropriation item 100-449, DAS - Building	37133
Operating Payment, $100,000 shall be used in fiscal year 2002 to	37134
fund the renovation of new office space for the State Library and	37135
the Ohioana Library Association.	37136

Notwithstanding section 125.28 of the Revised Code, the	37137
remaining portion of the appropriation may be used to pay the	37138
operating expenses of state facilities maintained by the	37139
Department of Administrative Services that are not billed to	37140
building tenants. These expenses may include, but are not limited	37141
to, the costs for vacant space and space undergoing renovation,	37142
and the rent expenses of tenants that are relocated due to	37143
building renovations. These payments shall be processed by the	37144
Department of Administrative Services through intrastate transfer	37145
vouchers and placed in the Facilities Management Fund (Fund 132).	37146

Section 13.04. MINORITY AFFAIRS

37147

The foregoing appropriation item 100-451, Minority Affairs,	37148
shall be used to establish minority affairs programs within the	37149
Equal Opportunity Division. The office shall provide an access	37150
point and official representation to multi-cultural communities;	37151
research and reports on multi-cultural issues; and educational,	37152
governmental, and other services that foster multi-cultural	37153
opportunities and understanding in the state of Ohio.	37154

Section 13.05.  CENTRAL SERVICE AGENCY FUND

37155

In order to complete the migration of the licensing	37156
applications of the professional licensing boards to a local area	37157
network, the Director of Budget and Management may, at the request	37158
of the Director of Administrative Services, cancel related	37159
encumbrances in the Central Service Agency Fund (Fund 115) and	37160
reestablish these encumbrances in fiscal year 2002 for the same	37161
purpose and to the same vendor. The Director of Budget and	37162
Management shall reduce the appropriation balance in fiscal year	37163
2001 by the amount of encumbrances canceled in Fund 115. As	37164
determined by the Director of Budget and Management, the amount	37165
necessary to reestablish such encumbrances or parts of	37166
encumbrances in fiscal year 2002 in the Central Service Agency	37167
Fund (Fund 115) is appropriated.	37168

The Director of Budget and Management may transfer up to	37169
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year	37170
2003 from the Occupational Licensing and Regulatory Fund (Fund	37171
4K9) to the Central Service Agency Fund (Fund 115). The Director	37172
of Budget and Management may transfer up to $34,000 in fiscal year	37173
2002 and up to $30,000 in fiscal year 2003 from the State Medical	37174
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	37175
(Fund 115). The appropriation item 100-632, Central Service	37176
Agency, shall be used to purchase the necessary equipment,	37177
products, and services to install and maintain a local area	37178
network for the professional licensing boards, and to support	37179
their licensing applications. The amount of the cash transfer is	37180
appropriated to appropriation item 100-632, Central Service	37181
Agency.	37182

Section 13.06.  TUITION REIMBURSEMENT

37183

Of the foregoing appropriation item 100-622, Human Resources	37184
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in	37185
fiscal year 2003 shall be set aside for the District 1199 Health	37186
Care Employees Tuition Reimbursement Program, per existing	37187
collective bargaining agreements. Of the foregoing appropriation	37188
item 100-622, Human Resources Division - Operating, $75,000 in	37189
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set	37190
aside for the Ohio Education Association Tuition Reimbursement	37191
Program, per existing collective bargaining agreements. The	37192
Department of Administrative Services, with the approval of the	37193
Director of Budget and Management, shall establish charges for	37194
recovering the costs of administering the District 1199 Health	37195
Care Employees Tuition Reimbursement Program and the Ohio	37196
Education Association Tuition Reimbursement Program. Receipts for	37197
these charges shall be deposited into the Human Resources Services	37198
Fund (Fund 125).	37199

Section 13.07.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

37200

With approval of the Director of Budget and Management, the	37201
Department of Administrative Services may seek reimbursement from	37202
state agencies for the actual costs and expenses the department	37203
incurs in the collective bargaining arbitration process. The	37204
reimbursements shall be processed through intrastate transfer	37205
vouchers and placed in the Collective Bargaining Fund (Fund 128).	37206

Section 13.08. EQUAL OPPORTUNITY PROGRAM

37207

The Department of Administrative Services, with the approval	37208
of the Director of Budget and Management, shall establish charges	37209
for recovering the costs of administering the activities supported	37210
by the Equal Opportunity Programs Fund (Fund 188). These charges	37211
shall be deposited to the credit of the Equal Opportunity Programs	37212
Fund (Fund 188) upon payment made by state agencies,	37213
state-supported or state-assisted institutions of higher	37214
education, and tax-supported agencies, municipal corporations, and	37215
other political subdivisions of the state, for services rendered.	37216

Section 13.09. MERCHANDISE FOR RESALE	37217

The foregoing appropriation item 100-653, General Services	37218
Resale Merchandise, shall be used to account for merchandise for	37219
resale, which is administered by the General Services Division.	37220
Deposits to the fund may comprise the cost of merchandise for	37221
resale and shipping fees.	37222

Section 13.10. GOVERNOR'S RESIDENCE GIFT	37223

The foregoing appropriation item 100-604, Governor's	37224
Residence Gift, shall be used to provide part or all of the	37225
funding related to construction, goods, or services for the	37226
Governor's residence. All receipts for this purpose shall be	37227
deposited into Fund 4H2.	37228

Section 13.11.  DEPARTMENTAL MIS

37229

The foregoing appropriation item 100-603, Departmental MIS	37230
Services, may be used to pay operating expenses of management	37231
information systems activities in the Department of Administrative	37232
Services. The Department of Administrative Services shall	37233
establish charges for recovering the costs of management	37234
information systems activities. These charges shall be deposited	37235
to the credit of the Departmental MIS Fund (Fund 4P3).	37236

Notwithstanding any other language to the contrary, the	37237
Director of Budget and Management may transfer up to $3,000,000 of	37238
fiscal year 2002 appropriations and up to $3,000,000 of fiscal	37239
year 2003 appropriations from appropriation item 100-603,	37240
Departmental MIS Services, to any Department of Administrative	37241
Services non-General Revenue Fund appropriation item. The	37242
appropriations transferred shall be used to make payments for	37243
management information systems services. Notwithstanding any	37244
other language to the contrary, the Director of Budget and	37245
Management may transfer up to $217,313 of fiscal year 2002	37246
appropriations and up to $193,031 of fiscal year 2003	37247
appropriations from appropriation item 100-409, Departmental	37248
Information Services, to any Department of Administrative Services	37249
appropriation item in the General Revenue Fund. The	37250
appropriations transferred shall be used to make payments for	37251
management information systems services.	37252

Section 13.12. INVESTMENT RECOVERY FUND

37253

Notwithstanding division (B) of section 125.14 of the Revised	37254
Code, cash balances in the Investment Recovery Fund may be used to	37255
support the operating expenses of the Federal Surplus Operating	37256
Program created in sections 125.84 to 125.90 of the Revised Code.	37257

Notwithstanding division (B) of section 125.14 of the Revised	37258
Code, cash balances in the Investment Recovery Fund may be used to	37259
support the operating expenses of the State Property Inventory and	37260
Fixed Assets Management System Program.	37261

Of the foregoing appropriation item 100-602, Investment	37262
Recovery, up to $2,045,302 in fiscal year 2002 and up to	37263
$1,959,192 in fiscal year 2003 shall be used to pay the operating	37264
expenses of the State Surplus Property Program, the Surplus	37265
Federal Property Program, and the State Property Inventory and	37266
Fixed Assets Management System Program pursuant to Chapter 125. of	37267
the Revised Code and this section. If additional appropriations	37268
are necessary for the operations of these programs, the Director	37269
of Administrative Services shall seek increased appropriations	37270
from the Controlling Board under section 131.35 of the Revised	37271
Code.	37272

Of the foregoing appropriation item 100-602, Investment	37273
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal	37274
year 2003 shall be used to transfer proceeds from the sale of	37275
surplus property from the Investment Recovery Fund to non-General	37276
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	37277
Revised Code. If it is determined by the Director of	37278
Administrative Services that additional appropriations are	37279
necessary for the transfer of such sale proceeds, the Director of	37280
Administrative Services may request the Director of Budget and	37281
Management to increase the amounts. Such amounts are	37282
appropriated.	37283

Notwithstanding division (B) of section 125.14 of the Revised	37284
Code, the Director of Budget and Management, at the request of the	37285
Director of Administrative Services, shall transfer up to	37286
$2,500,000 of the amounts held for transfer to the General Revenue	37287
Fund from the Investment Recovery Fund (Fund 427) to the General	37288
Services Fund (Fund 117) during the biennium beginning July 1,	37289
2001, and ending June 30, 2003. The cash transferred to the	37290
General Services Fund shall be used to pay the operating expenses	37291
of the Competitive Sealed Proposal Program.	37292

Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

37293

Effective with the implementation of the Multi-Agency Radio	37294
Communications System, the Director of Administrative Services	37295
shall collect user fees from participants in the system. The	37296
Director of Administrative Services, with the advice of the	37297
Multi-Agency Radio Communications System Steering Committee and	37298
the Director of Budget and Management, shall determine the amount	37299
of the fees and the manner by which the fees shall be collected.	37300
Such user charges shall comply with the applicable cost principles	37301
issued by the federal Office of Management and Budget. All moneys	37302
from user charges and fees shall be deposited in the state	37303
treasury to the credit of the Multi-Agency Radio Communications	37304
System Administration Fund (Fund 5C2).	37305

Section 13.14. WORKFORCE DEVELOPMENT FUND

37306

There is hereby established in the state treasury the	37307
Workforce Development Fund (Fund 5D7). The foregoing	37308
appropriation item 100-621, Workforce Development, shall be used	37309
to make payments from the fund. The fund shall be under the	37310
supervision of the Department of Administrative Services, which	37311
may adopt rules with regard to administration of the fund. The	37312
fund shall be used to pay the costs of the Workforce Development	37313
Program established by Article 37 of the contract between the	37314
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.	37315
The program shall be administered in accordance with the contract.	37316
Revenues shall accrue to the fund as specified in the contract.	37317
The fund may be used to pay direct and indirect costs of the	37318
program that are attributable to staff, consultants, and service	37319
providers. All income derived from the investment of the fund	37320
shall accrue to the fund.	37321

If it is determined by the Director of Administrative	37322
Services that additional appropriation amounts are necessary, the	37323
Director of Administrative Services may request that the Director	37324
of Budget and Management increase such amounts. Such amounts are	37325
appropriated.	37326

Section 13.15. PROFESSIONAL DEVELOPMENT FUND

37327

The foregoing appropriation item 100-610, Professional	37328
Development, shall be used to make payments from the Professional	37329
Development Fund (Fund 5L7) pursuant to section 124.182 of the	37330
Revised Code.	37331

Section 13.16.  COMPUTER EQUIPMENT PURCHASES

37332

The Director of Administrative Services shall compute the	37333
amount of revenue attributable to the amortization of all	37334
equipment purchases from appropriation item 100-607, Information	37335
Technology Fund; appropriation item 100-617, Major Computer	37336
Purchases; and appropriation item CAP-837, Major Equipment	37337
Purchases, which is recovered by the Department of Administrative	37338
Services as part of the rates charged by the Information	37339
Technology Fund (Fund 133) created in section 125.15 of the	37340
Revised Code. The Director of Budget and Management may transfer	37341
cash in an amount not to exceed the amount of amortization	37342
computed from the Information Technology Fund (Fund 133) to Major	37343
Computer Purchases (Fund 4N6).	37344

Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT

37345

The Director of Administrative Services, with the approval of	37346
the Director of Budget and Management, may establish an	37347
information technology assessment for the purpose of recovering	37348
the cost of selected infrastructure development and statewide	37349
programs. Such assessment shall comply with applicable cost	37350
principles issued by the federal Office of Management and Budget.	37351
During the fiscal year 2001-2003 biennium, the information	37352
technology assessment may be used to partially fund the cost of	37353
electronic-government infrastructure. The information technology	37354
assessment shall be charged to all organized bodies, offices, or	37355
agencies established by the laws of the state for the exercise of	37356
any function of state government except for the General Assembly,	37357
any legislative agency, the Supreme Court, the other courts of	37358
record in Ohio, or any judicial agency, the Adjutant General, the	37359
Bureau of Workers' Compensation, and institutions administered by	37360
a board of trustees. Any state-entity exempted by this section my	37361
utilize the infrastructure or statewide program by participating	37362
in the information technology assessment. All charges for the	37363
information technology assessment shall be deposited to the credit	37364
of the Information Technology Fund (Fund 133) created in section	37365
125.15 of the Revised Code.	37366

Section 13.18. E-GOVERNMENT DEVELOPMENT FUND

37367

The Director of Budget and Management shall transfer any cash	37368
balances remaining in the E-Government Development Fund (Fund 5M6)	37369
after November 30, 2001, from the E-Government Development Fund to	37370
the Information Technology Fund (Fund 133) created in section	37371
125.15 of the Revised Code.	37372

Section 13.19. UNEMPLOYMENT COMPENSATION FUND

37373

The foregoing appropriation item 100-628, Unemployment	37374
Compensation, shall be used to make payments from the Unemployment	37375
Compensation Fund (Fund 113), pursuant to section 4141.241 of the	37376
Revised Code. If it is determined that additional amounts are	37377
necessary, such amounts are appropriated.	37378

Section 13.20. PAYROLL WITHHOLDING FUND

37379

The foregoing appropriation item 100-629, Payroll Deductions,	37380
shall be used to make payments from the Payroll Withholding Fund	37381
(Fund 124). If it is determined by the Director of Budget and	37382
Management that additional appropriation amounts are necessary,	37383
such amounts are appropriated.	37384

Section 13.21. GENERAL SERVICES REFUNDS

37385

The foregoing appropriation item 100-646, General Services	37386
Refunds, shall be used to hold bid guarantee and building plans	37387
and specifications deposits until they are refunded. The Director	37388
of Administrative Services may request that the Director of Budget	37389
and Management transfer cash received for the costs of providing	37390
the building plans and specifications to contractors from the	37391
General Services Refund Fund to Fund 131, State Architect's	37392
Office. Prior to the transfer of cash, the Director of	37393
Administrative Services shall certify that such amounts are in	37394
excess of amounts required for refunding deposits and are directly	37395
related to costs of producing building plans and specifications.	37396
If it is determined that additional appropriations are necessary,	37397
such amounts are appropriated.	37398

Section 13.22.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	37399
SERVICE PAYMENTS	37400

The Director of Administrative Services, in consultation with	37401
the Multi-Agency Radio Communication System (MARCS) Steering	37402
Committee and the Director of Budget and Management, shall	37403
determine the share of debt service payments attributable to	37404
spending for MARCS components that are not specific to any one	37405
agency and that shall be charged to agencies supported by the	37406
motor fuel tax. Such share of debt service payments shall be	37407
calculated for MARCS capital disbursements made beginning July 1,	37408
1997. Within thirty days of any payment made from appropriation	37409
item 100-447, OBA - Building Rent Payments, the Director of	37410
Administrative Services shall certify to the Director of Budget	37411
and Management the amount of this share. The Director of Budget	37412
and Management shall transfer such amounts to the General Revenue	37413
Fund from the Highway Operating Fund (Fund 002) established in	37414
section 5735.281 of the Revised Code.	37415

Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

37416

Whenever the Director of Administrative Services declares a	37417
"Public Exigency," as provided in division (C) of section 123.15	37418
of the Revised Code, the Director shall also notify the members of	37419
the Controlling Board.	37420

Section 13.24. GENERAL SERVICE CHARGES

37421

The Department of Administrative Services, with the approval	37422
of the Director of Budget and Management, shall establish charges	37423
for recovering the costs of administering the programs in the	37424
General Services Fund (Fund 117) and the State Printing Fund (Fund	37425
210).	37426

Section 14.  AAM COMMISSION ON AFRICAN AMERICAN MALES	37427

General Revenue Fund

37428

State Special Revenue Fund Group

37435

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW	37439

No later than December 31, 2001, the Commission on African	37440
American Males shall submit to the chairperson and ranking	37441
minority member of the Human Services Subcommittee of the Finance	37442
and Appropriations Committee of the House of Representatives a	37443
report that demonstrates the progress that has been made toward	37444
meeting the Commission's mission statement.	37445

Section 15.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW	37446

General Revenue Fund

37447

OPERATING

37451

The Chief Administrative Officer of the House of	37452
Representatives and the Clerk of the Senate shall determine, by	37453
mutual agreement, which of them shall act as fiscal agent for the	37454
Joint Committee on Agency Rule Review.	37455

Section 16.  AGE DEPARTMENT OF AGING	37456

General Revenue Fund

37457

General Services Fund Group

37475

Federal Special Revenue Fund Group

37479

State Special Revenue Fund Group

37487

Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	37497
ADMISSION	37498

Pursuant to sections 5101.751 and 5101.754 of the Revised	37499
Code and an interagency agreement, the Department of Job and	37500
Family Services shall designate the Department of Aging to perform	37501
assessments under sections 5101.75 and 5111.204 of the Revised	37502
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	37503
Department of Aging may use not more than $2,390,300 in fiscal	37504
year 2002 and $2,450,058 in fiscal year 2003 to perform the	37505
assessments for persons not eligible for Medicaid in accordance	37506
with the department's interagency agreement with the Department of	37507
Job and Family Services and to assist individuals in planning for	37508
their long-term health care needs.	37509

Section 16.02.  PASSPORT

37510

Appropriation item 490-403, PASSPORT, and the amounts set	37511
aside for the PASSPORT Waiver Program in appropriation item	37512
490-610, PASSPORT/Residential State Supplement, may be used to	37513
assess clients regardless of Medicaid eligibility.	37514

The Director of Aging shall adopt rules under section 111.15	37515
of the Revised Code governing the nonwaiver funded PASSPORT	37516
program, including client eligibility.	37517

The Department of Aging shall administer the Medicaid Waiver	37518
funded PASSPORT Home Care program as delegated by the Department	37519
of Job and Family Services in an interagency agreement. The	37520
foregoing appropriation item 490-403, PASSPORT, and the amounts	37521
set aside for the PASSPORT Waiver Program in appropriation item	37522
490-610, PASSPORT/Residential State Supplement, shall be used to	37523
provide the required state match for federal Medicaid funds	37524
supporting the Medicaid Waiver funded PASSPORT Home Care program.	37525
Appropriation item 490-403, PASSPORT, and the amounts set aside	37526
for the PASSPORT Waiver Program in appropriation item 490-610,	37527
PASSPORT/Residential State Supplement, may also be used to support	37528
the Department of Aging's administrative costs associated with	37529
operating the PASSPORT program.	37530

The foregoing appropriation item 490-607, PASSPORT, shall be	37531
used to provide the federal matching share for all PASSPORT	37532
program costs determined by the Department of Job and Family	37533
Services to be eligible for Medicaid reimbursement.	37534

ELDERCARE PILOT

37535

The foregoing appropriation item 490-404, Eldercare, shall be	37536
used to fund the existing eldercare service programs and shall be	37537
limited to providing services to those persons who are enrolled in	37538
these programs on the effective date of this section.	37539

SENIOR COMMUNITY SERVICES

37540

The foregoing appropriation item 490-411, Senior Community	37541
Services, shall be used for services designated by the Department	37542
of Aging, including, but not limited to, home-delivered meals,	37543
transportation services, personal care services, respite services,	37544
home repair, and care coordination. Service priority shall be	37545
given to low income, frail, and cognitively impaired persons 60	37546
years of age and over. The department shall promote cost sharing	37547
by service recipients for those services funded with block grant	37548
funds, including, where possible, sliding-fee scale payment	37549
systems based on the income of service recipients.	37550

ALZHEIMERS RESPITE

37551

The foregoing appropriation item 490-414, Alzheimers Respite,	37552
shall be used only to fund Alzheimer's disease services under	37553
section 173.04 of the Revised Code.	37554

TRANSPORTATION FOR ELDERLY

37555

The foregoing appropriation item 490-416, Transportation for	37556
Elderly, shall be used for non-capital expenses related to	37557
transportation services for the elderly that provide access to	37558
such things as healthcare services, congregate meals,	37559
socialization programs, and grocery shopping. The appropriation	37560
shall be allocated to the following agencies:	37561

(A) $45,000 per fiscal year to the Cincinnati Jewish	37562
Vocational Services;	37563

(B) $45,000 per fiscal year to the Cleveland Jewish	37564
Community Center;	37565

(C) $45,000 per fiscal year to the Columbus Jewish	37566
Federation;	37567

(D) $20,000 per fiscal year to the Dayton Jewish Family	37568
Services;	37569

(E) $10,000 per fiscal year to the Akron Jewish Community	37570
Center;	37571

(F) $5,000 per fiscal year to the Youngstown Jewish	37572
Federation;	37573

(G) $3,000 per fiscal year to the Canton Jewish Federation;

37574

(H) $10,000 per fiscal year to the Toledo Jewish Federation.

37575

Agencies receiving funding from appropriation item 490-XXX,	37576
Transportation for Elderly, shall coordinate services with other	37577
local service agencies.	37578

RESIDENTIAL STATE SUPPLEMENT

37579

Under the Residential State Supplement Program, the amount	37580
used to determine whether a resident is eligible for payment and	37581
for determining the amount per month the eligible resident will	37582
receive shall be as follows:	37583

(A) $900 for a residential care facility, as defined in	37584
section 3721.01 of the Revised Code;	37585

(B) $900 for an adult group home, as defined in Chapter	37586
3722. of the Revised Code;	37587

(C) $800 for an adult foster home, as defined in Chapter	37588
173. of the Revised Code;	37589

(D) $800 for an adult family home, as defined in Chapter	37590
3722. of the Revised Code;	37591

(E) $800 for an adult community alternative home, as defined	37592
in Chapter 3724. of the Revised Code;	37593

(F) $800 for an adult residential facility, as defined in	37594
Chapter 5119. of the Revised Code;	37595

(G) $600 for adult community mental health housing services,	37596
as defined in division (B)(5) of section 173.35 of the Revised	37597
Code.	37598

The Departments of Aging and Job and Family Services shall	37599
reflect this amount in any applicable rules the departments adopt	37600
under section 173.35 of the Revised Code.	37601

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

37602

The Department of Aging may transfer cash by intrastate	37603
transfer vouchers from the foregoing appropriation items 490-412,	37604
Residential State Supplement, and 490-610, PASSPORT/Residential	37605
State Supplement, to the Department of Job and Family Services'	37606
Fund 4J5, Home and Community-Based Services for the Aged Fund.	37607
The funds shall be used to make benefit payments to Residential	37608
State Supplement recipients.	37609

LONG-TERM CARE OMBUDSMAN

37610

The foregoing appropriation item 490-410, Long-Term Care	37611
Ombudsman, shall be used for a program to fund ombudsman program	37612
activities in nursing homes, adult care facilities, boarding	37613
homes, and home and community care services.	37614

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

37615

The foregoing appropriation item 490-609, Regional Long-Term	37616
Care Ombudsman Programs, shall be used solely to pay the costs of	37617
operating the regional long-term care ombudsman programs.	37618

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

37619

Of the foregoing appropriation item 490-610,	37620
PASSPORT/Residential State Supplement, up to $2,835,000 each	37621
fiscal year shall be used to fund the Residential State Supplement	37622
Program. The remaining available funds shall be used to fund the	37623
PASSPORT program.	37624

Section 16.03. RESIDENTIAL STATE SUPPLEMENT	37625

If the Department of Aging, in consultation with the Director	37626
of Budget and Management, determines that available funding is	37627
insufficient to make payments to all eligible individuals, the	37628
department may establish priority policies to further limit	37629
eligibility criteria.	37630

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	37631
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	37632

Upon written request of the Director of Aging, the Director	37633
of Budget and Management may transfer appropriation authority	37634
among appropriation items 490-611, Federal Aging Nutrition,	37635
490-612, Federal Supportive Services, and 490-618, Older Americans	37636
Support Services, in amounts not to exceed 30 per cent of the	37637
appropriation from which the transfer is made. The Department of	37638
Aging shall report such transfers to the Controlling Board at the	37639
next regularly scheduled meeting of the board.	37640

OHIO COMMUNITY SERVICE COUNCIL

37641

The foregoing appropriation items 490-409, Ohio Community	37642
Service Council, and 490-617, Ohio Community Service Council	37643
Programs, shall be used in accordance with section 121.40 of the	37644
Revised Code.	37645

Section 17.  AGR DEPARTMENT OF AGRICULTURE	37646

General Revenue Fund

37647

Federal Special Revenue Fund Group

37669

State Special Revenue Fund Group

37677

ANIMAL DISEASE CONTROL

37699

The funds in appropriation item 700-401, Animal Disease	37700
Control, may be used for the detection, prevention, and emergency	37701
management of, and the education of the public regarding, Foot and	37702
Mouth disease, Mad Cow disease, and West Nile virus.	37703

THE DAIRY INDUSTRY FUND

37704

On July 1, 2001, or as soon thereafter as possible, the	37705
Director of Budget and Management shall transfer the cash balance	37706
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	37707
4R2). The director shall cancel any existing encumbrances against	37708
appropriation item 700-602, License Fees (Fund 4V0), and	37709
reestablish them against appropriation item 700-637, Dairy	37710
Inspection (Fund 4R2). The amounts of the reestablished	37711
encumbrances are appropriated.	37712

Section 18.  AIR AIR QUALITY DEVELOPMENT AUTHORITY	37713

Agency Fund Group

37714

Section 19.  ADA DEPARTMENT OF ALCOHOL AND

37721

DRUG ADDICTION SERVICES

37722

General Revenue Fund

37723

General Services Fund

37728

Federal Special Revenue Fund Group

37732

State Special Revenue Fund Group

37740

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

37746

Of the foregoing appropriation item 038-401, Alcohol and Drug	37747
Addiction Services, $4 million in each fiscal year shall be	37748
allocated for services to families, adults, and adolescents	37749
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd	37750
General Assembly.	37751

ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

37752

The foregoing appropriation item 038-629, TANF	37753
Transfer-Treatment, shall be used to provide substance abuse	37754
prevention and treatment services to children, or their families,	37755
whose income is at or below 200 per cent of the official income	37756
poverty guideline.	37757

The foregoing appropriation item 038-630, TANF	37758
Transfer-Mentoring, shall be used to fund adolescent youth	37759
mentoring programs for children, or their families, whose income	37760
is at or below 200 per cent of the official income poverty	37761
guideline. The Director of Alcohol and Drug Addiction Services	37762
and the Director of Job and Family Services shall develop	37763
operating and reporting guidelines for these programs.	37764

PARENT AWARENESS TASK FORCE

37765

The Parent Awareness Task Force shall study ways to engage	37766
more parents in activities, coalitions, and educational programs	37767
in Ohio relating to alcohol and other drug abuse prevention. Of	37768
the foregoing appropriation item 038-404, Prevention Services,	37769
$30,000 in each fiscal year may be used to support the functions	37770
of the Parent Awareness Task Force.	37771

PLAN TO EVALUATE PER CAPITA FORMULA	37772

Not later than June 30, 2002, the Department of Alcohol and	37773
Drug Addiction Services shall establish a plan to evaluate the	37774
current per capita formula used in determining how state and	37775
federal funds for alcohol and drug addiction services are	37776
allocated under section 3793.04 of the Revised Code. The plan	37777
shall evaluate all of the following:	37778

(A) Whether population statistics alone should be used to	37779
quantify the need for funding in a county;	37780

(B) Whether other social and economic demographic indicators	37781
should be utilized;	37782

(C) The appropriateness of the current per capita formula.

37783

Section 20.  AMB AMBULANCE LICENSING BOARD	37784

General Services Fund Group

37785

Section 21.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS	37791

General Services Fund Group

37792

Section 22.  ART OHIO ARTS COUNCIL	37798

General Revenue Fund

37799

General Services Fund Group

37805

Federal Special Revenue Fund Group

37809

PER CENT FOR ART ACQUISITIONS

37813

The unobligated balance remaining from prior projects of	37814
appropriation item 370-603, Per Cent for Art Acquisitions, shall	37815
be used by the Ohio Arts Council to pay for start-up costs in	37816
connection with the selection of artists of new Per Cent for Art	37817
projects.	37818

Section 23.  AFC OHIO ARTS AND SPORTS FACILITIES	37819

COMMISSION

37820

General Revenue Fund

37821

State Special Revenue Fund Group

37825

OHIO BUILDING AUTHORITY LEASE PAYMENTS

37830

Appropriations to the Arts and Sports Facilities Commission	37831
from the General Revenue Fund include $69,939,300 for the biennium	37832
for appropriation item 371-401, Lease Rental Payments. This	37833
appropriation shall be used for payments to the Ohio Building	37834
Authority for the period July 1, 2001, to June 30, 2003, pursuant	37835
to the primary leases and agreements for those buildings made	37836
under Chapter 152. of the Revised Code which are the source of	37837
funds pledged for bond service charges on related obligations	37838
issued pursuant to Chapter 152. of the Revised Code.	37839

OPERATING EXPENSES

37840

The foregoing appropriation item 371-603, Project	37841
Administrationn, shall be used by the Ohio Arts and Sports	37842
Facilities Commission to carry out its responsibilities pursuant	37843
to this section and Chapter 3383. of the Revised Code.	37844

Within ten days after the effective date of this section, or	37845
as soon as possible thereafter, the Executive Director of the Ohio	37846
Arts and Sports Facilities Commission shall certify to the	37847
Director of Budget and Management the amount of cash to be	37848
transferred from the Arts Facilities Building Fund (Fund 030) and	37849
the Sports Facilities Building Fund (Fund 024) to the Arts and	37850
Sports Facilities Commission Administration Fund (Fund 4T8).	37851

Section 24.  ATH ATHLETIC COMMISSION	37852

General Services Fund Group

37853

Section 25. AGO ATTORNEY GENERAL

37858

General Revenue Fund

37859

General Services Fund Group

37866

Federal Special Revenue Fund Group

37881

State Special Revenue Fund Group

37889

Holding Account Redistribution Fund Group

37897

LAW-RELATED EDUCATION

37906

The foregoing appropriation item 055-405, Law-Related	37907
Education, shall be distributed directly to the Ohio Center for	37908
Law-Related Education for the purposes of providing continuing	37909
citizenship education activities to primary and secondary students	37910
and accessing additional public and private money for new	37911
programs.	37912

WORKERS' COMPENSATION SECTION

37913

The Workers' Compensation Section Fund (Fund 195) shall	37914
receive payments from the Bureau of Workers' Compensation and the	37915
Ohio Industrial Commission at the beginning of each quarter of	37916
each fiscal year to fund legal services to be provided to the	37917
Bureau of Workers' Compensation and the Ohio Industrial Commission	37918
during the ensuing quarter. Such advance payment shall be subject	37919
to adjustment.	37920

In addition, the Bureau of Workers' Compensation shall	37921
transfer payments at the beginning of each quarter for the support	37922
of the Workers' Compensation Fraud Unit.	37923

All amounts shall be mutually agreed upon by the Attorney	37924
General, the Bureau of Workers' Compensation, and the Ohio	37925
Industrial Commission.	37926

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

37927

The foregoing appropriation item 055-636, Corrupt Activity	37928
Investigation and Prosecution, shall be used as provided by	37929
division (D)(2) of section 2923.35 of the Revised Code to dispose	37930
of the proceeds, fines, and penalties credited to the Corrupt	37931
Activity Investigation and Prosecution Fund, which is created in	37932
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	37933
is determined that additional amounts are necessary, the amounts	37934
are appropriated.	37935

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

37936

In fiscal years 2002 and 2003, the Attorney General's Office	37937
may request that the Director of Budget and Management transfer	37938
appropriation authority from appropriation Item 055-321, Operating	37939
Expenses, to appropriation item 055-406, Community Police Match	37940
and Law Enforcement Assistance. The Director of Budget and	37941
Management shall then transfer appropriation authority from	37942
appropriation item 055-321, Operating Expenses, to appropriation	37943
item 055-406, Community Police Match and Law Enforcement	37944
Assistance. Moneys transferred to appropriation item 055-406	37945
shall be used to pay operating expenses and to provide grants to	37946
local law enforcement agencies and communities for the purpose of	37947
supporting law enforcement-related activities.	37948

Section 26.  AUD AUDITOR OF STATE	37949

General Revenue Fund

37950

General Services Fund Group

37956

Holding Account Redistribution Fund Group

37963

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

37968

The foregoing appropriation item 070-403, Fiscal	37969
Watch/Emergency Technical Assistance, shall be used for all	37970
expenses incurred by the Office of the Auditor of State in its	37971
role relating to fiscal watch or fiscal emergency activities under	37972
Chapters 118. and 3316. of the Revised Code. Expenses shall	37973
include, but shall not be limited to, the following: duties	37974
related to the determination or termination of fiscal watch or	37975
fiscal emergency of municipal corporations, counties, or townships	37976
as outlined in Chapter 118. of the Revised Code and of school	37977
districts as outlined in Chapter 3316. of the Revised Code;	37978
development of preliminary accounting reports; performance of	37979
annual forecasts; provision of performance audits; and	37980
supervisory, accounting, or auditing services for the mentioned	37981
public entities and school districts. The unencumbered balance of	37982
appropriation item 070-403, Fiscal Watch/Fiscal Emergency	37983
Technical Assistance, at the end of fiscal year 2002 is	37984
transferred to fiscal year 2003 for use under the same	37985
appropriation item.	37986

ELECTRONIC DATA PROCESSING

37987

The unencumbered balance of appropriation item 070-405,	37988
Electronic Data Processing-Auditing and Administration, at the end	37989
of fiscal year 2002 is transferred to fiscal year 2003 for use	37990
under the same appropriation item.	37991

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

37992

The foregoing appropriation item 070-406, Uniform Accounting	37993
Network/Technology Improvements Fund, shall be used to pay the	37994
costs of developing and implementing the Uniform Accounting	37995
Network and technology improvements for the Office of the Auditor	37996
of State. The unencumbered balance of the appropriation at the	37997
end of fiscal year 2002 is transferred to fiscal year 2003 to pay	37998
the costs of the developing and implementing the Uniform	37999
Accounting Network and technology improvements for the Office of	38000
the Auditor of State.	38001

Section 27.  BRB BOARD OF BARBER EXAMINERS	38002

General Services Fund Group

38003

Section 28.  OBM OFFICE OF BUDGET AND MANAGEMENT

38009

General Revenue Fund

38010

General Services Fund Group

38016

State Special Revenue Fund Group

38020

OFFICE OF QUALITY SERVICES

38024

A portion of the foregoing appropriation item 042-401, Office	38025
of Quality Services, may be used to provide financial sponsorship	38026
support for conferences and showcases that promote quality	38027
improvement efforts. These expenditures are not subject to	38028
Chapter 125. of the Revised Code.	38029

OHIO'S QUALITY SHOWCASE

38030

The Office of Quality Services may cosponsor Ohio's Quality	38031
Showcase. The office may grant funds to other sponsoring entities	38032
for the purpose of conducting this event, provided that the grants	38033
are used exclusively for the direct expenses of the event.	38034

Any state agency, at the discretion and with the approval of	38035
the director or other executive authority of the agency, may	38036
provide financial or in-kind support for Ohio's Quality Showcase	38037
cosponsored by the Office of Quality Services. Any financial	38038
contribution made by an agency shall not exceed $5,000 annually.	38039

AUDIT COSTS

38040

Of the foregoing appropriation item 042-603, State	38041
Accounting, not more than $450,000 in fiscal year 2002 and	38042
$350,000 in fiscal year 2003 shall be used to pay for centralized	38043
audit costs associated with either Single Audit Schedules or	38044
financial statements prepared in conformance with generally	38045
accepted accounting principles for the state.	38046

Section 29.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	38047

General Revenue Fund

38048

General Services Fund Group

38051

Underground Parking Garage

38057

Section 30.  CHR STATE BOARD OF CHIROPRACTIC EXAMINERS	38063

General Services Fund Group

38064

Section 31.  CIV OHIO CIVIL RIGHTS COMMISSION	38070

General Revenue Fund

38071

Federal Special Revenue Fund Group

38076

State Special Revenue Fund Group

38080

Section 32.  COM DEPARTMENT OF COMMERCE

38085

General Revenue Fund

38086

General Services Fund Group

38090

Federal Special Revenue Fund Group

38095

State Special Revenue Fund Group

38101

Liquor Control Fund Group

38126

GRANTS-VOLUNTEER FIRE DEPARTMENTS

38134

The foregoing appropriation item 800-402, Grants-Volunteer	38135
Fire Departments, shall be used to make annual grants to volunteer	38136
fire departments of up to $10,000, or up to $25,000 if the	38137
volunteer fire department provides service for an area affected by	38138
a natural disaster. The grant program shall be administered by	38139
the Fire Marshal under the Department of Commerce. The Fire	38140
Marshal shall adopt rules necessary for the administration and	38141
operation of the grant program.	38142

Notwithstanding division (A) of section 121.084 of the	38143
Revised Code, upon the request of the Director of Commerce, the	38144
Director of Budget and Management shall transfer $200,000 cash in	38145
fiscal year 2002 and $100,000 cash in fiscal year 2003 from the	38146
Industrial Compliance Fund (Fund 556) to the General Revenue Fund.	38147

LABOR AND WORKER SAFETY

38148

The Department of Commerce may designate a portion of	38149
appropriation item 800-410, Labor and Worker Safety, to be used to	38150
match federal funding for the OSHA on-site consultation program.	38151

SMALL GOVERNMENT FIRE DEPARTMENTS

38152

Upon the request of the Director of Commerce, the Director of	38153
Budget and Management shall transfer $250,000 cash in each fiscal	38154
year from the Industrial Compliance Fund (Fund 556) within the	38155
State Special Revenue Fund Group to the Small Government Fire	38156
Departments Fund (Fund 5F1) within the General Services Fund	38157
Group.	38158

Notwithstanding section 3737.17 of the Revised Code, the	38159
foregoing appropriation item 800-635, Small Government Fire	38160
Departments, may be used to provide loans to private fire	38161
departments.	38162

PENALTY ENFORCEMENT

38163

The foregoing appropriation item 800-621, Penalty	38164
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	38165
of the Revised Code.	38166

On July 1, 2001, or as soon thereafter as possible, the	38167
Director of Budget and Management shall transfer the cash balance	38168
in the Penalty Enforcement Fund that was in the custody of the	38169
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	38170
created in the state treasury by section 4115.10 of the Revised	38171
Code. The fund shall be used for deposit of moneys received from	38172
penalties paid under section 4115.10 of the Revised Code.	38173

UNCLAIMED FUNDS PAYMENTS

38174

The foregoing appropriation item 800-625, Unclaimed	38175
Funds-Claims, shall be used to pay claims pursuant to section	38176
169.08 of the Revised Code. If it is determined that additional	38177
amounts are necessary, the amounts are appropriated.	38178

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

38179

The Director of Commerce may, upon concurrence by the	38180
Director of Budget and Management, submit to the Controlling Board	38181
for approval a request for increased appropriation authority for	38182
appropriation item 800-601, Merchandising.	38183

CASH BALANCE TRANSFER

38184

On July 1, 2001, or as soon thereafter as possible, the	38185
Director of Budget and Management shall transfer the cash balance	38186
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	38187
Fund (Fund 043) created in section 4301.12 of the Revised Code.	38188
Upon the completion of the transfer, the Salvage and Exchange	38189
Fund, which was created by the Controlling Board during the	38190
1973-1975 biennium, is abolished. The director shall cancel any	38191
existing encumbrances against appropriation item 800-634, Salvage	38192
and Exchange, and reestablish them against appropriation item	38193
800-627, Liquor Control Operating.	38194

DEVELOPMENT ASSISTANCE DEBT SERVICE	38195

The foregoing appropriation item 800-633, Development	38196
Assistance Debt Service, shall be used to meet all payments at the	38197
times they are required to be made during the period from July 1,	38198
2001, to June 30, 2003, for bond service charges on obligations	38199
issued under section 166.08 of the Revised Code, but limited to	38200
the aggregate amount of $32,275,900. If it is determined that	38201
additional appropriations are necessary for this purpose, such	38202
amounts are hereby appropriated, provided that the appropriation	38203
does not exceed $25,000,000 in any fiscal year, except as may be	38204
needed for payments on obligations issued to meet guarantees.	38205

REVITALIZATION DEBT SERVICE

38206

The foregoing appropriation item 800-636, Revitalization Debt	38207
Service, shall be used to pay debt service and related financing	38208
costs during the period from July 1, 2001, to June 30, 2003, on	38209
obligations to be issued for revitalization purposes under Section	38210
2o of Article VIII, Ohio Constitution, and implementing	38211
legislation. If it is determined that additional appropriations	38212
are necessary for this purpose, such amounts are hereby	38213
appropriated. The General Assembly acknowledges: (A) the priority	38214
of the pledge of a portion of receipts from that source to	38215
obligations issued and to be issued and guarantees made and to be	38216
made under Chapter 166. of the Revised Code; and (B) that this	38217
appropriation is subject to further consideration pursuant to	38218
implementing legislation.	38219

ADMINISTRATIVE ASSESSMENTS

38220

Notwithstanding any other provision of law to the contrary,	38221
Fund 163, Administration, shall receive assessments from all	38222
operating funds of the department in accordance with procedures	38223
prescribed by the Director of Commerce and approved by the	38224
Director of Budget and Management.	38225

Section 33. OCC OFFICE OF CONSUMERS' COUNSEL

38226

General Services Fund Group

38227

CONSUMERS' COUNSEL TRANSFER

38231

On July 1, 2001, or as soon as possible thereafter, the	38232
Director of Budget and Management shall transfer $349,758.12 in	38233
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the	38234
General Revenue Fund.	38235

Section 34.  CEB CONTROLLING BOARD

38236

General Revenue Fund

38237

State Special Revenue Fund Group

38242

FEDERAL SHARE

38247

In transferring appropriations to or from appropriation items	38248
that have federal shares identified in this act, the Controlling	38249
Board shall add or subtract corresponding amounts of federal	38250
matching funds at the percentages indicated by the state and	38251
federal division of the appropriations in this act. Such changes	38252
are appropriated.	38253

DISASTER SERVICES

38254

The foregoing appropriation item 911-601, Disaster Services,	38255
shall be used by the Controlling Board, pursuant to requests	38256
submitted by state agencies, to transfer cash and appropriation	38257
authority to any fund and appropriation item for the payment of	38258
state agency program expenses as follows:	38259

(A) The southern Ohio flooding, referred to as	38260
FEMA-DR-1164-OH;	38261

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

38262

(C) The Southern Ohio flooding, referred to as	38263
FEMA-DR-1321-OH;	38264

(D) The flooding referred to as FEMA-DR-1339-OH;

38265

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

38266

(F) Other disasters declared by the Governor, if the	38267
Director of Budget and Management determines that sufficient funds	38268
exist beyond the expected program costs of these disasters.	38269

MANDATE ASSISTANCE

38270

(A) The foregoing appropriation item 911-404, Mandate	38271
Assistance, shall be used to provide financial assistance to local	38272
units of government, school districts, and fire departments for	38273
the cost of the following three unfunded state mandates:	38274

(1) The cost to county prosecutors for prosecuting certain	38275
felonies that occur on the grounds of state institutions operated	38276
by the Department of Rehabilitation and Correction and the	38277
Department of Youth Services;	38278

(2) The cost, primarily to small villages and townships, of	38279
providing firefighter training and equipment or gear;	38280

(3) The cost to school districts of in-service training for	38281
child abuse detection.	38282

(B) The State and Local Government Commission may prepare	38283
and submit to the Controlling Board one or more requests to	38284
transfer appropriations from appropriation item 911-404, Mandate	38285
Assistance, to the state agencies charged with administering the	38286
state financial assistance to be provided under this section. The	38287
state agencies charged with this administrative responsibility are	38288
listed below, as well as the estimated annual amounts that the	38289
commission may propose be used for each program of state financial	38290
assistance.	38291

(C) Subject to the total amount appropriated in each fiscal	38298
year for appropriation item 911-404, Mandate Assistance, the	38299
commission may propose to the Controlling Board that amounts	38300
smaller or larger than these estimated annual amounts be	38301
transferred to each program.	38302

(D) In addition to making the initial transfers requested by	38303
the commission, the Controlling Board may, if requested by the	38304
commission, transfer appropriations received by a state agency	38305
under this section back to appropriation item 911-404, Mandate	38306
Assistance, or to one or more of the other programs of state	38307
financial assistance identified under this section.	38308

(E) It is expected that not all costs incurred by local	38309
units of government, school districts, and fire departments under	38310
each of the three programs of state financial assistance	38311
identified under this section will be fully reimbursed by the	38312
state. Reimbursement levels may vary by program and shall be	38313
based on: the relationship between the appropriation transfers	38314
requested by the commission and provided by the Controlling Board	38315
for each of the programs; the rules and procedures established for	38316
each program by the commission and the administering state agency;	38317
and the actual costs incurred by local units of government, school	38318
districts, and fire departments.	38319

(F) Each of these programs of state financial assistance	38320
shall be carried out as follows:	38321

(1) PROSECUTION COSTS

38322

(a) Appropriations may be transferred to the Office of	38323
Criminal Justice Services to cover local prosecution costs for	38324
aggravated murder, murder, felonies of the first degree, and	38325
felonies of the second degree that occur on the grounds of	38326
institutions operated by the Department of Rehabilitation and	38327
Correction and the Department of Youth Services.	38328

(b) Upon a delinquency filing in juvenile court or the	38329
return of an indictment for aggravated murder, murder, or any	38330
felony of the first or second degree that was committed at a	38331
Department of Youth Services or a Department of Rehabilitation and	38332
Correction institution, the affected county may, in accordance	38333
with rules that the Office of Criminal Justice Services shall	38334
adopt, apply to the Office of Criminal Justice Services for a	38335
grant to cover all documented costs that are incurred by the	38336
county prosecutor's office.	38337

(c) Twice each year, the Office of Criminal Justice Services	38338
shall designate counties to receive grants from those counties	38339
that have submitted one or more applications in compliance with	38340
the rules that have been adopted by the Office of Criminal Justice	38341
Services for the receipt of such grants. In each year's first	38342
round of grant awards, if sufficient appropriations have been	38343
made, up to a total of $100,000 may be awarded. In each year's	38344
second round of grant awards, the remaining appropriations	38345
available for this purpose may be awarded.	38346

(d) If for a given round of grants there are insufficient	38347
appropriations to make grant awards to all the eligible counties,	38348
the first priority shall be given to counties with cases involving	38349
aggravated murder and murder, second priority shall be given to	38350
cases involving a felony of the first degree, and third priority	38351
shall be given to cases involving a felony of the second degree.	38352
Within these priorities, the grant awards shall be based on the	38353
order in which the applications were received, except that	38354
applications for cases involving a felony of the first or second	38355
degree shall not be considered in more than two consecutive rounds	38356
of grant awards.	38357

(2) FIREFIGHTER TRAINING COSTS

38358

Appropriations may be transferred to the Department of	38359
Commerce for use as full or partial reimbursement to local units	38360
of government and fire departments for the cost of firefighter	38361
training and equipment or gear. In accordance with rules that the	38362
department shall adopt, a local unit of government or fire	38363
department may apply to the department for a grant to cover all	38364
documented costs that are incurred to provide firefighter training	38365
and equipment or gear. The department shall make grants within	38366
the limits of the funding provided, with priority given to fire	38367
departments that serve small villages and townships.	38368

(3) CHILD ABUSE DETECTION TRAINING COSTS

38369

Appropriations may be transferred to the Department of	38370
Education for disbursement to local school districts as full or	38371
partial reimbursement for the cost of providing in-service	38372
training for child abuse detection. In accordance with rules that	38373
the department shall adopt, a local school district may apply to	38374
the department for a grant to cover all documented costs that are	38375
incurred to provide in-service training for child abuse detection.	38376
The department shall make grants within the limits of the funding	38377
provided.	38378

(G) If, by the first day of June of each fiscal year, one of	38379
these three specified unfunded state mandates receives funding	38380
assistance directly from the General Revenue Fund, as opposed to	38381
receiving appropriations indirectly through the transfer mechanism	38382
described in this section, then this state mandate is no longer	38383
considered unfunded for the purposes of this section. In such a	38384
circumstance, the State and Local Government Commission may	38385
prepare and submit a request to the Controlling Board to replace	38386
this now funded state mandate with another unfunded state mandate.	38387
If approved by the Controlling Board, this replacement unfunded	38388
state mandate is eligible for the same amount of state financial	38389
assistance that the unfunded state mandate it is replacing was	38390
eligible for and under the same general conditions that govern the	38391
three unfunded state mandates specified in this section. The	38392
State and Local Government Commission's request to the Controlling	38393
Board for approval of this replacement unfunded state mandate	38394
shall include a description of how the program of state financial	38395
assistance for this replacement unfunded state mandate will be	38396
implemented.	38397

(H) Within thirty calendar days prior to the end of fiscal	38398
years 2002 and 2003, each administering agency shall file a report	38399
with the State and Local Government Commission and the Controlling	38400
Board providing detailed information on its expenditure of any	38401
mandate assistance funding that was transferred under this section	38402
over the course of the current biennium to the administering	38403
agency by the Controlling Board.	38404

(I) Any moneys allocated within appropriation item 911-404,	38405
Mandate Assistance, not fully utilized may, upon application of	38406
the State and Local Government Commission, and with the approval	38407
of the Controlling Board, be disbursed to boards of county	38408
commissioners to provide reimbursement for office space,	38409
equipment, and related mandated expenses for educational service	38410
centers.	38411

The amount to be disbursed to each county shall be allocated	38412
proportionately to the ADM of the educational service center for	38413
which a board of county commissioners is required to provide an	38414
office under section 3319.19 of the Revised Code.	38415

OHIO'S BICENTENNIAL CELEBRATION

38416

The foregoing appropriation item 911-408, Ohio's Bicentennial	38417
Celebration, shall be distributed according to a plan approved by	38418
the Ohio Bicentennial Commission. Pursuant to requests submitted	38419
by the Ohio Bicentennial Commission, the Controlling Board may	38420
approve transfers from the foregoing appropriation item 911-408,	38421
Ohio's Bicentennial Celebration, to appropriation item 360-503,	38422
Ohio Bicentennial Commission, or to other new or existing	38423
appropriation items of a state agency or other entity as specified	38424
by the commission.	38425

BALLOT ADVERTISING COSTS

38426

Pursuant to requests submitted by the Ohio Ballot Board, the	38427
Controlling Board shall approve transfers from the foregoing	38428
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	38429
Ballot Board appropriation item in order to reimburse county	38430
boards of elections for the cost of public notices associated with	38431
statewide ballot initiatives.	38432

Of the foregoing appropriation item 911-441, Ballot	38433
Advertising Costs, the Director of Budget and Management shall	38434
transfer any amounts that are not needed for the purpose of	38435
reimbursing county boards of elections for the cost of public	38436
notices associated with statewide ballot initiatives to	38437
appropriation item 911-404, Mandate Assistance.	38438

Section 35.  COS STATE BOARD OF COSMETOLOGY	38439

General Services Fund Group

38440

Section 36.  CSW COUNSELOR AND SOCIAL WORKERS BOARD	38446

General Services Fund Group

38447

Section 37. CLA COURT OF CLAIMS

38453

General Revenue Fund

38454

State Special Revenue Fund Group

38457

Section 38.  CJS OFFICE OF CRIMINAL JUSTICE SERVICES	38463

General Revenue Fund

38464

General Services Fund Group

38470

Federal Special Revenue Fund Group

38473

INDIGENT DEFENSE

38477

The Office of Criminal Justice Services shall make all	38478
efforts to maximize the amount of funding available for the	38479
defense of indigent persons.	38480

CRIMINAL JUSTICE INFORMATION SYSTEM

38481

The foregoing appropriation item 196-401, Criminal Justice	38482
Information System, shall be used by the Office of Criminal	38483
Justice Services to work on a plan to improve Ohio's criminal	38484
justice information systems. The Director of Criminal Justice	38485
Services shall evaluate the progress of this plan and issue a	38486
report to the Governor, the Speaker and the Minority Leader of the	38487
House of Representatives, the President and the Minority Leader of	38488
the Senate, the Criminal Justice Policy Board, and the Legislative	38489
Service Commission by the first day of January of each year of the	38490
two-year biennium beginning July 1, 2001, and ending June 30,	38491
2003.	38492

OPERATING EXPENSES

38493

Of the foregoing appropriation item 196-424, Operating	38494
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in	38495
fiscal year 2003 shall be used for the purpose of matching federal	38496
funds.	38497

Section 39.  DEN STATE DENTAL BOARD	38498

General Services Fund Group

38499

Section 40.  BDP BOARD OF DEPOSIT	38505

General Services Fund Group

38506

BOARD OF DEPOSIT EXPENSE FUND

38511

Upon receiving certification of expenses from the Treasurer	38512
of State, the Director of Budget and Management shall transfer	38513
cash from the Investment Earnings Redistribution Fund (Fund 608)	38514
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	38515
shall be used to pay for banking charges and fees required for the	38516
operation of the State of Ohio Regular Account.	38517

Section 41. DEV DEPARTMENT OF DEVELOPMENT

38518

General Revenue Fund

38519

General Services Fund Group

38558

Federal Special Revenue Fund Group

38564

State Special Revenue Fund Group

38579

Facilities Establishment Fund

38596

Coal Research/Development Fund

38604

Section 41.01.  WASHINGTON OFFICE

38610

Of the foregoing appropriation items 195-100, Personal	38611
Services, 195-200, Maintenance, and 195-300, Equipment, no more	38612
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003	38613
may be transferred to the General Reimbursement Fund (Fund 685) to	38614
support the Washington Office. The transfer shall be made using	38615
an intrastate transfer voucher.	38616

THOMAS EDISON PROGRAM

38617

The foregoing appropriation item 195-401, Thomas Edison	38618
Program, shall be used for the purposes of sections 122.28 to	38619
122.38 of the Revised Code in order to provide funds for	38620
cooperative public and private efforts in technological innovation	38621
to promote the development and transfer of technology by and to	38622
Ohio businesses that will lead to the creation of jobs, and to	38623
provide for the administration of this program by the Technology	38624
Division.	38625

Of the foregoing appropriation item 195-401, Thomas Edison	38626
Program, not more than $2,153,282 in fiscal year 2002 and	38627
$2,228,537 in fiscal year 2003 shall be used for the Technology	38628
Division's operating expenses in administering this program.	38629

Of the foregoing appropriation item 195-401, Thomas Edison	38630
Program, $187,500 in each fiscal year shall be used for the	38631
establishment of an e-logistics port at Rickenbacker Port	38632
Authority.	38633

Section 41.02.  SMALL BUSINESS DEVELOPMENT

38634

The foregoing appropriation item 195-404, Small Business	38635
Development, shall be used to ensure that the unique needs and	38636
concerns of small businesses are addressed.	38637

The foregoing appropriation shall be used to provide grants	38638
to local organizations to support the operation of Small Business	38639
Development Centers, and other local economic development activity	38640
promoting small business and for the cost of administering the	38641
program. The centers shall provide technical, financial, and	38642
management consultation for small business, and facilitate access	38643
to state and federal programs. These funds shall be used as	38644
matching funds for grants from the United States Small Business	38645
Administration and other federal agencies, pursuant to Public Law	38646
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	38647
regulations and policy guidelines for these programs.	38648

In addition, the Office of Small Business shall operate the	38649
One-Stop Business Permit Center, the Women's Business Resource	38650
Program, support government procurement assistance, and implement	38651
and coordinate the duties imposed on the Department of Development	38652
by Am. Sub. S.B. 239 of the 115th General Assembly.	38653

MINORITY BUSINESS DEVELOPMENT DIVISION

38654

Of the foregoing appropriation item 195-405, Minority	38655
Business Development Division, no less than $1,060,000 in each	38656
fiscal year shall be used to fund minority contractors and	38657
business assistance organizations. The Minority Business	38658
Development Division shall determine which cities need minority	38659
contractors and business assistance organizations by utilizing	38660
United States Census Bureau data and zip codes to locate the	38661
highest concentrations of minority businesses. The Minority	38662
Business Development Division also shall determine the numbers of	38663
minority contractors and business assistance organizations	38664
necessary and the amount of funding to be provided each. In	38665
addition, the Minority Business Development Division shall	38666
continue to plan and implement business conferences.	38667

Section 41.03.  TRANSITIONAL AND PERMANENT HOUSING PROGRAM

38668

Of the foregoing appropriation item 195-406, Transitional and	38669
Permanent Housing, the Office of Housing and Community	38670
Partnerships shall make grants to local governments and nonprofit	38671
organizations for the acquisition, rehabilitation, renovation,	38672
construction, conversion, operating, and supportive services costs	38673
for both new and existing transitional and permanent housing for	38674
the homeless.	38675

COAL RESEARCH DEVELOPMENT

38676

The foregoing appropriation item 195-408, Coal Research	38677
Development, shall be used for the administrative costs of the	38678
Coal Development Office within the Technology Division and for	38679
grants that encourage, promote, and assist the use of Ohio coal	38680
pursuant to section 1551.32 of the Revised Code.	38681

UTILITY PAYMENT ADMINISTRATION

38682

The foregoing appropriation item 195-409, Utility Payment	38683
Administration, shall be used for the administrative costs	38684
necessary to provide utility and fuel assistance benefits to	38685
eligible low-income Ohio households with elderly and disabled	38686
members.	38687

Section 41.04. BUSINESS DEVELOPMENT

38688

The foregoing appropriation item 195-412, Business	38689
Development Grants, shall be used as an incentive for attracting	38690
and retaining business opportunities for the state. Any such	38691
business opportunity, whether new, expanding, or relocating in	38692
Ohio, is eligible for funding. The project must create or retain	38693
a significant number of jobs for Ohioans. Grant awards may be	38694
considered only when (1) the project's viability hinges on an	38695
award of appropriation item 195-412, Business Development Grants,	38696
funds; (2) all other public or private sources of financing have	38697
been considered; or (3) the funds act as a catalyst for the	38698
infusion into the project of other financing sources.	38699

The department's primary goal shall be to award funds to	38700
political subdivisions of the state for off-site infrastructure	38701
improvements. In order to meet the particular needs of economic	38702
development in a region, the department may elect to award funds	38703
directly to a business for on-site infrastructure improvements.	38704
Infrastructure improvements mean improvements to water system	38705
facilities, sewer and sewage treatment facilities, electric or gas	38706
service facilities, fiber optic facilities, rail facilities, site	38707
preparation, and parking facilities. The Director of Development	38708
may recommend the funds be used in an alternative manner when	38709
deemed appropriate to meet an extraordinary economic development	38710
opportunity or need.	38711

The foregoing appropriation item 195-412, Business	38712
Development Grants, may be expended only after the submission of a	38713
request to the Controlling Board by the Department of Development	38714
outlining the planned use of the funds, and the subsequent	38715
approval of the request by the Controlling Board.	38716

The foregoing appropriation item 195-412, Business	38717
Development Grants, may be used for, but is not limited to,	38718
construction, rehabilitation, and acquisition projects for rail	38719
freight assistance as requested by the Department of	38720
Transportation. The Director of Transportation shall submit the	38721
proposed projects to the Director of Development for an evaluation	38722
of potential economic benefit.	38723

Section 41.05.  FIRST FRONTIER MATCH

38724

The foregoing appropriation item 195-414, First Frontier	38725
Match, shall be used as matching funds to targeted counties for	38726
the purpose of marketing state, regional, and local	38727
characteristics that may attract economic development. Targeted	38728
counties mean counties that have a population of less than 175,000	38729
residents. The appropriation may be used either for marketing	38730
programs by individual targeted counties or regional marketing	38731
campaigns, which are marketing programs in which at least one	38732
targeted county is participating with one or more other targeted	38733
counties or larger counties.	38734

REGIONAL OFFICES AND ECONOMIC DEVELOPMENT

38735

The foregoing appropriation item 195-415, Regional Offices	38736
and Economic Development, shall be used for the operating expenses	38737
of the Economic Development Division and the regional economic	38738
development offices and for grants for cooperative economic	38739
development ventures.	38740

Section 41.06.  GOVERNOR'S OFFICE OF APPALACHIAN OHIO

38741

The foregoing appropriation item 195-416, Governor's Office	38742
of Appalachia, shall be used for the administrative costs of	38743
planning and liaison activities for the Governor's Office of	38744
Appalachian Ohio. Funds not expended for liaison and training	38745
activities may be expended for special project grants within the	38746
Appalachian Region.	38747

Of the foregoing appropriation item 195-416, Governor's	38748
Office of Appalachia, up to $250,000 each fiscal year shall be	38749
used to match federal funds from the Appalachian Development	38750
Commission to provide job training to impact the Appalachian	38751
Region.	38752

Of the foregoing appropriation item 195-416, Governor's	38753
Office of Appalachia, $4,400,000 in each fiscal year shall be	38754
used in conjunction with other federal and state funds to provide	38755
financial assistance to projects in Ohio's Appalachian counties in	38756
order to further the goals of the Appalachian Regional Commission.	38757
Such projects and project sponsors shall meet Appalachian Regional	38758
Commission eligibility requirements. Grants shall be administered	38759
by the Department of Development.	38760

Of the foregoing appropriation item 195-416, Governor's	38761
Office of Appalachia, $500,000 in fiscal year 2002 shall be used	38762
by the Appalachian Energy Grant Authority to make grants to	38763
eligible applicants to enhance and maintain the economic welfare	38764
of the Appalachian Region through the support of manufacturing in	38765
the region.	38766

URBAN/RURAL INITIATIVE

38767

The foregoing appropriation item 195-417, Urban/Rural	38768
Initiative, shall be used to make grants in accordance with	38769
sections 122.19 to 122.22 of the Ohio Revised Code.	38770

TECHNOLOGY ACTION

38771

Prior to the release of funds from appropriation item	38772
195-422, Technology Action, each grant award shall first obtain	38773
approval from eight members of the Technology Action Board and	38774
from the Controlling Board.	38775

The Technology Action Board shall consist of fourteen members	38776
appointed by the Governor with the advice and consent of the	38777
Senate. Six members of the board shall be recognized technology	38778
and business leaders from the following sectors covering the	38779
state: Northeast, Southeast, Northwest, Central, Southwest, and	38780
the Miami Valley Area. One member shall come from the Wright	38781
Patterson Air Force Laboratory, one member from the NASA Glenn	38782
Research Center, one member from the Inter-University Council, and	38783
one member shall be the current Director of the Edison Centers	38784
Technology Council. The chair of the Technology Action Board	38785
shall be the Governor's Science and Technology Advisor, with staff	38786
and other support as needed from the Department of Development's	38787
Technology Division and from the Board of Regents' Academic and	38788
Access Division. In addition, the Directors of Development and	38789
Transportation (or their designees), and the Chancellor of the	38790
Board of Regents (or the Chancellor's designee) shall serve as	38791
ex-officio members of the board.	38792

The Technology Action Board, in accordance with Chapter 119.	38793
of the Revised Code, shall adopt program rules and develop	38794
guidelines for the release of funds.	38795

Of the foregoing appropriation item 195-422, Technology	38796
Action, not more than six per cent in each fiscal year shall be	38797
used for operating expenditures in administering this program.	38798

In addition to the six per cent for operating expenditures,	38799
an additional administrative amount, not to exceed $1,500,000	38800
within the biennium, shall be used for research, analyses, and	38801
marketing efforts deemed necessary to receive and disseminate	38802
information about science and technology related opportunities.	38803

Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS

38804

Of the foregoing appropriation item 195-431, Community	38805
Development Corporation Grants, a portion of funds in each fiscal	38806
year of the biennium shall be used to make grants to the Ohio	38807
Community Development Finance Fund, a nonprofit corporation, in	38808
order to leverage private-sector funds to assist nonprofit	38809
development organizations to create affordable housing and	38810
permanent jobs in distressed areas of the state. The remaining	38811
moneys shall be used to provide funds to assist local community	38812
development corporations to develop affordable housing programs	38813
and economic development programs in their neighborhoods, and for	38814
operating costs.	38815

Of the foregoing appropriation item 195-431, Community	38816
Development Corporation Grants, not less than $100,000 in each	38817
fiscal year shall be used to provide training, technical	38818
assistance, and capacity building assistance to nonprofit	38819
development organizations in underserved areas of the state. For	38820
grants awarded in each fiscal year of the biennium, priority shall	38821
be given to proposals submitted by nonprofit development	38822
organizations from underserved areas of the state.	38823

Section 41.08.  INTERNATIONAL TRADE

38824

The foregoing appropriation item 195-432, International	38825
Trade, shall be used to operate and to maintain Ohio's	38826
out-of-state trade offices.	38827

The Director of Development may enter into contracts with	38828
foreign nationals to staff foreign offices. Such contracts may be	38829
paid in local currency or United States currency and shall be	38830
exempt from the provisions of section 127.16 of the Revised Code.	38831
The director also may establish foreign currency accounts in	38832
accordance with section 122.05 of the Revised Code for the payment	38833
of expenses related to the operation and maintenance of the	38834
foreign trade offices.	38835

The foregoing appropriation item 195-432, International	38836
Trade, shall be used to fund the International Trade Division and	38837
to assist Ohio manufacturers and agricultural producers in	38838
exporting to foreign countries in conjunction with the Department	38839
of Agriculture.	38840

Of the foregoing appropriation item 195-432, International	38841
Trade, up to $35,000 may be used to purchase gifts for	38842
representatives of foreign governments or dignitaries of foreign	38843
countries.	38844

Section 41.09.  OHIO INVESTMENT IN TRAINING PROGRAM

38845

The foregoing appropriation item 195-434, Investment in	38846
Training Grants, shall be used to promote industrial training	38847
through training grants for the reimbursement of eligible training	38848
expenses.	38849

Section 41.10.  EMERGENCY SHELTER HOUSING GRANTS

38850

(A) As used in this section, "emergency shelter housing"	38851
means a structure suitable for the temporary housing of the	38852
homeless and the provision of, or referral to, supportive	38853
services. Shelters that restrict admission to victims of domestic	38854
violence, runaways, or alcohol or substance abusers shall not be	38855
considered emergency shelter housing.	38856

(B) The foregoing appropriation item 195-440, Emergency	38857
Shelter Housing Grants, shall be used by the Office of Housing and	38858
Community Partnerships in the Department of Development to make	38859
grants to private, nonprofit organizations to provide emergency	38860
shelter housing for the homeless. The department shall distribute	38861
the grants pursuant to rules adopted by the Director of	38862
Development. The director may amend or rescind the rules and may	38863
adopt other rules necessary to implement this section. In awarding	38864
grants, the department shall give preference to organizations	38865
applying to fund existing emergency shelter housing.	38866

The department shall notify each organization that applied	38867
for a grant under this section of the amount of its grant award,	38868
if any. To receive a grant, the organization shall provide	38869
matching funds equal to 50 per cent of the total grant it was	38870
awarded. The organization shall expend its grant for shelter	38871
operations and supportive services, which include employment	38872
assistance, case management, information and referral services,	38873
transportation, and clothing. In providing employment assistance,	38874
the organization shall, at a minimum, refer persons to the	38875
Department of Job and Family Services.	38876

LOW AND MODERATE INCOME HOUSING

38877

The Director of Budget and Management, after consulting with	38878
the Director of Development, shall transfer up to $19,000,000 from	38879
appropriation item 195-441, Low and Moderate Income Housing, to	38880
appropriation item 195-638, Low and Moderate Income Housing Trust	38881
Fund. This transfer shall be made via an intrastate transfer	38882
voucher.	38883

TANF TRANSFER TO CDBG OPERATING MATCH

38884

The Office of Housing and Community Partnerships of the	38885
Department of Development shall use $5,200,000 of appropriation	38886
authority transferred from appropriation item 600-689, TANF Block	38887
Grant, in the Department of Job and Family Services in fiscal year	38888
2002 to appropriation item 195-497, CDBG Operating Match, in the	38889
Department of Development, and $6,500,000 of appropriation	38890
authority transferred from appropriation item 600-689, TANF Block	38891
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG	38892
Operating Match, to provide grants supportive services for	38893
low-income families related to housing or homelessness, including	38894
housing counseling; to provide grants to nonprofit organizations	38895
to assist families with incomes at or below 200 per cent of the	38896
federal poverty guidelines with down payment assistance for	38897
homeownership, including the purchase of mobile homes; to provide	38898
emergency home repair funding for families with incomes at or	38899
below 200 per cent of the federal poverty guideline; to provide	38900
operating support for family emergency shelter programs; and to	38901
provide emergency rent and mortgage assistance for families with	38902
incomes at or below 200 per cent of the federal poverty guideline.	38903
TANF funds shall not be used to match federal funds.	38904

The Department of Development shall comply with all TANF	38905
requirements, including reporting requirements and timelines, as	38906
specified in state and federal laws, federal regulations, state	38907
rules, and the Title IV-A state plan, and is responsible for	38908
payment of any adverse audit finding, final disallowance of	38909
federal financial participation, or other sanction or penalty	38910
issued by the federal government or other entity concerning these	38911
funds.	38912

No more than five per cent of transferred funds may be used	38913
by the department for administrative expenses of these programs.	38914
Transfer of funds between these programs shall first obtain	38915
approval of the Controlling Board.	38916

As used in this section, "federal poverty guideline" means	38917
the poverty guideline as defined by the United States Office of	38918
Management and Budget and revised by the United States Secretary	38919
of Health and Human Services in accordance with section 673 of the	38920
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	38921
U.S.C.A. 9902, as amended.	38922

UTILITY BILL CREDIT

38923

The foregoing appropriation item 195-505, Utility Bill	38924
Credits, shall be used to provide utility and fuel assistance to	38925
eligible low-income Ohio households with elderly and disabled	38926
members.	38927

Section 41.11.  TRAVEL AND TOURISM GRANTS

38928

The foregoing appropriation item 195-507, Travel and Tourism	38929
Grants, shall be used to provide grants to local organizations to	38930
support various local travel and tourism events in Ohio.	38931

Of the foregoing appropriation item 195-507, Travel and	38932
Tourism Grants, up to $200,000 in each fiscal year of the biennium	38933
may be used to support the outdoor dramas Trumpet in the Land,	38934
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	38935
$50,000 in each fiscal year shall be used for the Greater	38936
Cleveland Film Commission; $50,000 in each fiscal year shall be	38937
used for the Cincinnati Film Commission; and $500,000 in each	38938
fiscal year shall be used for grants to the International Center	38939
for the Preservation of Wild Animals.	38940

ISSUE 1 IMPLEMENTATION

38941

The foregoing appropriation item 195-510, Issue 1	38942
Implementation, shall be used to begin the implementation of	38943
Article VIII, Section 2o of the Ohio Constitution.	38944

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

38945

The foregoing appropriation item 195-906, Coal Research and	38946
Development General Obligation Debt Service shall be used to pay	38947
all debt service and financing costs at the times they are	38948
required to be made under sections 151.01 and 151.07 of the	38949
Revised Code during the period from July 1, 2001, to June 30,	38950
2003. The Office of the Sinking Fund or the Director of Budget	38951
and Management shall effectuate the required payments by an	38952
intrastate transfer voucher.	38953

Section 41.12. SUPPORTIVE SERVICES	38954

The Director of Development may assess divisions of the	38955
department for the cost of central service operations. Such an	38956
assessment shall be based on a plan submitted to and approved by	38957
the Office of Budget and Management by the first day of August of	38958
each fiscal year, and contain the characteristics of	38959
administrative ease and uniform application.	38960

A division's payments shall be credited to the Supportive	38961
Services Fund (Fund 135) using an intrastate transfer voucher.	38962

GENERAL REIMBURSEMENT

38963

The foregoing appropriation item 195-636, General	38964
Reimbursements, shall be used for conference and subscription fees	38965
and other reimbursable costs. Revenues to the General	38966
Reimbursement Fund (Fund 685) shall consist of fees and other	38967
moneys charged for conferences, subscriptions, and other	38968
administrative costs that are not central service costs.	38969

HEAP WEATHERIZATION

38970

Fifteen per cent of the federal funds received by the state	38971
for the Home Energy Assistance Block Grant shall be deposited in	38972
the Department of Development's Federal Special Revenue Fund (Fund	38973
3K9) and shall be used to provide home weatherization services in	38974
the state.	38975

HOME PROGRAM

38976

On July 1, 2001, or as soon as possible thereafter, the	38977
Director of Development shall certify to the Director of Budget	38978
and Management the cash balance and open encumbrances relating to	38979
the HOME Program located within Fund 308, appropriation item	38980
195-603, Housing and Urban Development. The Director of Budget	38981
and Management shall transfer the certified amount to newly	38982
created Fund 3V1, HOME Program. Any existing encumbrances in	38983
appropriation item 195-603 for the HOME Program shall be canceled	38984
and re-established against appropriation item 195-601, HOME	38985
Program. These re-established amounts are appropriated.	38986

STATE SPECIAL PROJECTS

38987

The foregoing appropriation item 195-639, State Special	38988
Projects, shall be used as a general account for the deposit of	38989
private-sector funds from utility companies and other	38990
miscellaneous state funds. Private-sector moneys shall be used	38991
to (1) pay the expenses of verifying the income-eligibility of	38992
HEAP applicants, (2) market economic development opportunities in	38993
the state, and (3) leverage additional federal funds. State funds	38994
shall be used to match federal housing grants for the homeless.	38995

Section 41.13.  MINORITY BUSINESS ENTERPRISE LOAN

38996

All repayments from the Minority Development Financing	38997
Advisory Board loan program and the Ohio Mini-Loan Guarantee	38998
Program shall be deposited in the State Treasury, to the credit of	38999
the Minority Business Enterprise Loan Fund (Fund 4W1).	39000

All operating costs of administering the Minority Business	39001
Enterprise Loan Fund shall be paid from the Minority Business	39002
Enterprise Loan Fund (Fund 4WI).	39003

MINORITY BUSINESS BONDING FUND

39004

Notwithstanding Chapters 122., 169., and 175. of the Revised	39005
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	39006
General Assembly, the Director of Development may, upon the	39007
recommendation of the Minority Development Financing Advisory	39008
Board, pledge up to $10,000,000 in the 2001-2003 biennium of	39009
unclaimed funds administered by the Director of Commerce and	39010
allocated to the Minority Business Bonding Program pursuant to	39011
section 169.05 of the Revised Code. The transfer of any cash by	39012
the Director of Budget and Management from the Department of	39013
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	39014
Development's Minority Business Bonding Fund (Fund 449) shall	39015
occur, if requested by the Director of Development, only if such	39016
funds are needed for payment of losses arising from the Minority	39017
Business Bonding Program, and only after proceeds of the initial	39018
transfer of $2,700,000 by the Controlling Board to the Minority	39019
Business Bonding Program has been used for that purpose. Moneys	39020
transferred by the Director of Budget and Management from the	39021
Department of Commerce for this purpose may be moneys in custodial	39022
funds held by the Treasurer of State. If expenditures are	39023
required for payment of losses arising from the Minority Business	39024
Bonding Program, such expenditures shall be made from	39025
appropriation item 195-623, Minority Business Bonding Contingency	39026
in the Minority Business Bonding Fund, and such amounts are	39027
appropriated.	39028

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

39029

Investment earnings of the Minority Business Bonding Fund	39030
(Fund 449) shall be credited to the Minority Business Bonding	39031
Program Administration Fund (Fund 450).	39032

Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING	39033

The foregoing appropriation item 195-625, Economic	39034
Development Financing Operating, shall be used for the operating	39035
expenses of financial assistance programs authorized under Chapter	39036
166. of the Revised Code and under sections 122.43 and 122.45 of	39037
the Revised Code.	39038

UNIVERSAL SERVICE FUND

39039

The foregoing appropriation item 195-659, Universal Service,	39040
shall be used to provide electric utility assistance benefits to	39041
Percentage of Income Payment Plan (PIPP) electric accounts, to	39042
fund targeted energy efficiency and customer education services to	39043
PIPP customers, and to cover the department's administrative costs	39044
related to the Universal Service Fund Programs.	39045

ENERGY EFFICIENCY REVOLVING LOAN FUND

39046

The foregoing appropriation item 195-660, Energy Efficiency	39047
Revolving Loan, shall be used to provide financial assistance to	39048
customers for eligible energy efficiency projects for residential,	39049
commercial and industrial business, local government, educational	39050
institution, nonprofit, and agriculture customers, and to pay for	39051
the program's administrative costs as provided in the Revised Code	39052
and rules adopted by the Director of Development.	39053

VOLUME CAP ADMINISTRATION

39054

The foregoing appropriation item 195-654, Volume Cap	39055
Administration, shall be used for expenses related to the	39056
administration of the Volume Cap Program. Revenues received by	39057
the Volume Cap Administration Fund (Fund 617) shall consist of	39058
application fees, forfeited deposits, and interest earned from the	39059
custodial account held by the Treasurer of State.	39060

Section 41.15.  FACILITIES ESTABLISHMENT FUND

39061

The foregoing appropriation item 195-615, Facilities	39062
Establishment (Fund 037), shall be used for the purposes of the	39063
Facilities Establishment Fund under Chapter 166. of the Revised	39064
Code.	39065

Of the foregoing appropriation item 195-615, Facilities	39066
Establishment (Fund 037), up to $5,000,000 in each fiscal year	39067
shall be used for the implementation of H.B. 6 of the 124th	39068
General Assembly, if the bill is enacted.	39069

Notwithstanding Chapter 166. of the Revised Code, up to	39070
$1,600,000 may be transferred each fiscal year from the Facilities	39071
Establishment Fund (Fund 037) to the Economic Development	39072
Financing Operating Fund (Fund 451). The transfer is subject to	39073
Controlling Board approval pursuant to division (B) of section	39074
166.03 of the Revised Code.	39075

Notwithstanding Chapter 166. of the Revised Code, up to	39076
$3,800,000 may be transferred in each fiscal year of the biennium	39077
from the Facilities Establishment Fund (Fund 037) to the Minority	39078
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject	39079
to Controlling Board approval pursuant to division (B) of section	39080
166.03 of the Revised Code.	39081

Notwithstanding Chapter 166. of the Revised Code, up to	39082
$5,000,000 cash may be transferred during the biennium from the	39083
Facilities Establishment Fund (Fund 037) to the Port Authority	39084
Bond Reserves Fund (Fund 5D1) for use by any port authority in	39085
establishing or supplementing bond reserve funds for any bond	39086
issuance permitted under Chapter 4582. of the Revised Code. The	39087
Director of Development shall develop program guidelines for the	39088
transfer and release of funds, including, but not limited to, a	39089
provision that a port authority shall receive not more than	39090
$2,000,000 total from the fund. The transfer and release of funds	39091
are subject to Controlling Board approval.	39092

Notwithstanding Chapter 166. of the Revised Code, up to	39093
$20,475,000 cash may be transferred during the biennium from the	39094
Facilities Establishment Fund (Fund 037) to the Urban	39095
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	39096
barriers to urban core redevelopment. The Director of Development	39097
shall develop program guidelines for the transfer and release of	39098
funds, including, but not limited to, the completion of all	39099
appropriate environmental assessments before state assistance is	39100
committed to a project.	39101

Notwithstanding Chapter 166. of the Revised Code, up to	39102
$5,000,000 per fiscal year in cash may be transferred from the	39103
Facilities Establishment Fund (Fund 037) to the Rural Industrial	39104
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	39105
Board approval pursuant to section 166.03 of the Revised Code.	39106

FAMILY FARM LOAN PROGRAM

39107

Notwithstanding Chapter 166. of the Revised Code, up to	39108
$2,246,375 in each fiscal year shall be transferred from moneys in	39109
the Facilities Establishment Fund (Fund 037) to the Family Farm	39110
Loan Fund (Fund 5H1) in the Department of Development. These	39111
moneys shall be used for loan guarantees. The transfer is subject	39112
to Controlling Board approval.	39113

Financial assistance from the Family Farm Loan Fund (Fund	39114
5H1) shall be repaid to Fund 5H1. This fund is established in	39115
accordance with sections 166.031, 901.80, 901.81, 901.82, and	39116
901.83 of the Revised Code.	39117

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	39118
all outstanding balances, all loan repayments, and any other	39119
outstanding obligations shall revert to the Facilities	39120
Establishment Fund (Fund 037).	39121

Section 41.16. FUND 5F7 TRANSFER

39122

On July 1, 2001, or as soon as possible thereafter, the	39123
Director of Budget and Management shall transfer all cash in Fund	39124
5F7, Local Government Y2K Loan Program, to the General Revenue	39125
Fund. Upon completion of the transfer, Fund 5F7 is abolished.	39126

Section 42.  OBD OHIO BOARD OF DIETETICS	39127

General Services Fund Group

39128

Section 43.  CDR COMMISSION ON DISPUTE RESOLUTION AND	39134

CONFLICT MANAGEMENT

39135

General Revenue Fund

39136

General Services Fund Group

39139

Federal Special Revenue Fund Group

39143

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

39147

The foregoing appropriation item 145-401, Commission on	39148
Dispute Resolution/Management, shall be used in each fiscal year	39149
by the Commission on Dispute Resolution and Conflict Management	39150
for the purpose of providing dispute resolution and conflict	39151
management training, consultation, and materials for state and	39152
local government, communities, school districts, and courts and,	39153
in consultation with the Department of Education, for the purpose	39154
of offering competitive school conflict programs to school	39155
districts.	39156

The Commission shall assist the Department of Education in	39157
the development and dissemination of the school conflict	39158
management programs to school districts.	39159

Section 44.  EDU DEPARTMENT OF EDUCATION

39160

General Revenue Fund

39161

General Services Fund Group

39214

Federal Special Revenue Fund Group

39223

State Special Revenue Fund Group

39252

Lottery Profits Education Fund Group

39262

Section 44.01. MAINTENANCE AND EQUIPMENT

39269

Of the foregoing appropriation item 200-320, Maintenance and	39270
Equipment, up to $25,000 may be expended in each year of the	39271
biennium for State Board of Education out-of-state travel.	39272

Section 44.02.  HEAD START

39273

No later than July 15, 2001, the Director of Budget and	39274
Management shall transfer $76,156,175 from Fund 3W6, TANF	39275
Education, to the General Revenue Fund. No later than July 15,	39276
2002, the Director of Budget and Management shall transfer	39277
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	39278
Fund. The transferred funds are appropriated for the appropriation	39279
item 200-406, Head Start. The foregoing appropriation item	39280
200-406, Head Start, includes transferred funds of $76,156,175 in	39281
fiscal year 2002 and $98,843,825 in fiscal year 2003.	39282

The foregoing appropriation item 200-406, Head Start, shall	39283
be distributed by the Department of Education to Head Start	39284
agencies. A "Head Start agency" means an entity that has been	39285
approved to be an agency in accordance with Section 641 (42 U.S.C.	39286
9836) of the Head Start Act and amendments thereto, or an entity	39287
designated for state Head Start funding under this section.	39288
Participation in state-funded Head Start programs is voluntary.	39289

Moneys distributed under this heading shall not be used to	39290
reduce expenditures from funds received by a Head Start agency	39291
from any other sources. Section 3301.31 of the Revised Code does	39292
not apply to funds distributed under this heading. In lieu of	39293
section 3301.31 of the Revised Code, distribution of moneys under	39294
this heading shall be as follows:	39295

(A) In fiscal years 2002 and 2003, up to two per cent of the	39296
appropriation may be used by the department for administrative	39297
costs of complying with this section; developing program capacity;	39298
and assisting programs with facilities planning, construction,	39299
renovation, or lease agreements in combination with the Community	39300
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	39301
2002 and up to $1,560,600 in fiscal year 2003 may be used for	39302
training in early literacy for Head Start classroom teachers and	39303
administrators to support the OhioReads Initiative.	39304

(B) The department shall provide an annual report to the	39305
Governor, the Speaker of the House of Representatives, the	39306
President of the Senate, the State Board of Education, Head Start	39307
grantees, and other interested parties. The report shall include	39308
the following:	39309

(1) The number and per cent of eligible children by county	39310
and by grantee;	39311

(2) The amount of state funds requested for continuation per	39312
grantee;	39313

(3) The amount of state funds received for continuation per	39314
grantee;	39315

(4) A summary of program performance on the state critical	39316
performance indicators;	39317

(5) A summary of developmental progress of children	39318
participating in the state-funded Head Start program;	39319

(6) Any other data reflecting the performance of Head Start	39320
that the department considers pertinent.	39321

(C) For purposes of this section, "eligible child" means a	39322
child who is at least three years of age and not of compulsory	39323
school age whose family earns no more than 100 per cent of the	39324
federal poverty level, except as otherwise provided in this	39325
division.	39326

The Department of Education, in consultation with Head Start	39327
grantees or their designated representatives, shall establish	39328
criteria under which individual Head Start grantees may apply to	39329
the department for a waiver to include as "eligible children"	39330
those children from families earning up to 185 per cent of the	39331
federal poverty level when the children otherwise qualify as	39332
"eligible children" under this division.	39333

In order to serve children whose families receive child care	39334
subsidy and whose incomes do not exceed 185 per cent of the	39335
federal poverty guidelines, Head Start grantees may enroll	39336
children whose families receive child care subsidy from the Ohio	39337
Department of Job and Family Services. Head Start grantees	39338
providing full-day, full-year comprehensive services, or otherwise	39339
meeting the child care needs of working families, may partner with	39340
child care centers or family day care homes or may access child	39341
care subsidy directly. This provision is to meet the child care	39342
needs of low-income families who are working, in training or	39343
education programs, or participating in Ohio Works First appproved	39344
activities.	39345

The Department of Education, in consultation with the	39346
Department of Job and Family Services, interested parties, and	39347
Head Start agencies shall formulate a method for determining an	39348
estimate of the number of eligible children and the per cent	39349
served by grantee(s) in each county.	39350

(D) After setting aside amounts to make any payments due	39351
from the prior fiscal year, in fiscal years 2002 and 2003, funds	39352
shall first be distributed to recipients of Head Start funds	39353
during the preceding fiscal year. Awards under this division may	39354
be reduced by the amount received in that year for one-time	39355
start-up costs and may be adjusted for actual months of program	39356
operation or enrollment as reported during the first full week of	39357
December, and may be increased by a reasonable percentage for	39358
inflation to be determined by the Department of Education and in	39359
accordance with this section. The department may redistribute	39360
dollars to programs demonstrating an unmet need based on updated	39361
assessments of family needs and community resources, with special	39362
attention to the projected impact of welfare reform. In fiscal	39363
years 2002 and 2003, the department may authorize recipients to	39364
carry over funds to the subsequent fiscal year.	39365

The department may reallocate unobligated or unspent money to	39366
participating Head Start agencies for purposes of program	39367
expansion, improvement, or special projects to promote excellence	39368
and innovation.	39369

(E) Costs for developing and administering a Head Start	39370
program may not exceed fifteen per cent of the total approved	39371
costs of the program.	39372

All recipients of funds shall maintain such fiscal control	39373
and accounting procedures as may be necessary to ensure the	39374
disbursement of, and accounting for, these funds. The control of	39375
funds provided in this program, and title to property obtained	39376
therefrom, shall be under the authority of the approved recipient	39377
for purposes provided in the program. The approved recipient	39378
shall administer and use such property and funds for the purposes	39379
specified.	39380

Each recipient shall furnish the department an annual audit	39381
that includes the review of state funds received under this	39382
section.	39383

(F) The department shall prescribe target levels for	39384
critical performance indicators for the purpose of assessing Head	39385
Start programs. On-site reviews and follow-up visits shall be	39386
based on grantee progress in meeting the prescribed target levels.	39387

The department may audit a Head Start agency's financial and	39388
program records. Head Start agencies that have financial	39389
practices not in accordance with standard accounting principles,	39390
that fail to substantially meet the Head Start performance	39391
standards, or that exhibit below-average performance shall be	39392
subject to an on-site review.	39393

The department shall require corrective plans of action for	39394
programs not achieving target levels or financial and program	39395
standards. Action plans shall include activities to be conducted	39396
by the grantee and timelines for activities to be completed and	39397
timelines for additional data submission to the department	39398
demonstrating targets have been met. The Policy Council	39399
chairperson and the appropriate grantee board official shall sign	39400
the corrective plans of action.	39401

Programs not meeting performance targets in accordance with	39402
the plan of action and prescribed timelines may have their	39403
continuation funding reduced, be disqualified for expansion	39404
consideration until targets are met, or have all state funds	39405
withdrawn and a new grantee established.	39406

The department shall require school districts to collect	39407
"preschool" information by program type. All data shall be	39408
reported via the Education Management Information System (EMIS).	39409

(G) The department shall require Head Start grantees to	39410
document child progress, using a common instrument prescribed by	39411
the department, and report results annually. The department shall	39412
determine the dates for documenting and reporting.	39413

The State Board of Education shall adopt rules addressing the	39414
use of screening and assessment data, including, but not limited	39415
to, all the following:	39416

(1) Protection of the identity of individual children	39417
through assignment of a unique but not personally identifiable	39418
code;	39419

(2) Parents' rights;

39420

(3) Use of the data by school personnel as it relates to	39421
kindergarten entrance.	39422

(H) New agencies may be designated for state Head Start	39423
funding if a Head Start agency voluntarily waives its right for	39424
funding or is de-funded based on performance.	39425

When such a condition exists, the department shall conduct a	39426
competitive bidding process to select a new agency to provide	39427
state funded continuation or expansion services. The bidding	39428
process shall include notices of competitive bidding mailed to	39429
delegate agencies in the affected area and to newspapers in the	39430
Head Start service area.	39431

Section 3313.646 of the Revised Code does not apply to funds	39432
distributed under this section.	39433

(I) It is the intent of the General Assembly that	39434
appropriations for appropriation items 200-406, Head Start, and	39435
200-408, Public Preschool, be available for transfer between Head	39436
Start and public preschool programs so that unallocated funds may	39437
be used between the two programs.	39438

(J) The Department of Education shall comply with all TANF	39439
requirements, including reporting requirements and timelines, as	39440
specified in state and federal laws, federal regulations, state	39441
rules, and the Title IV-A state plan, and is responsible for	39442
payment of any adverse audit finding, final disallowance of	39443
federal financial participation, or other sanction or penalty	39444
issued by the federal government or other entity concerning these	39445
funds.	39446

Section 44.03. PUBLIC PRESCHOOL	39447

The Department of Education shall distribute the foregoing	39448
appropriation item 200-408, Public Preschool, to pay the costs of	39449
comprehensive preschool programs. As used in this section,	39450
"school district" means a city, local, exempted village, or joint	39451
vocational school district, or an educational service center.	39452

(A) In fiscal years 2002 and 2003, up to two per cent of the	39453
total appropriation may be used by the department for	39454
administrative costs of complying with this section; developing	39455
program capacity; and assisting programs with facilities planning,	39456
construction, renovation, or lease agreements in conjunction with	39457
the Community Development Finance Fund (CDFF).	39458

(B) The department shall provide an annual report to the	39459
Governor, the Speaker of the House of Representatives, the	39460
President of the Senate, the State Board of Education, Head Start	39461
grantees, and other interested parties. The report shall include:	39462

(1) The number and per cent of eligible children by county	39463
and by school district;	39464

(2) The amount of state funds requested for continuation per	39465
school district;	39466

(3) The amount of state funds received for continuation per	39467
school district;	39468

(4) A summary of program performance on the state critical	39469
performance indicators in the public preschool program;	39470

(5) A summary of developmental progress of children	39471
participating in the state-funded public preschool program;	39472

(6) Any other data reflecting the performance of public	39473
preschool programs that the department considers pertinent.	39474

(C) For purposes of this section, "eligible child" means a	39475
child who is at least three years of age whose family earns no	39476
more than 185 per cent of the federal poverty level.	39477

The Department of Education, in consultation with the	39478
Department of Job and Family Services, interested parties, and	39479
Head Start agencies shall formulate a method for determining an	39480
estimate of the number of eligible children and the percentage	39481
served by grantees in each county.	39482

(D) After setting aside amounts to make any payments due	39483
from the prior fiscal year, in fiscal years 2002 and 2003, funds	39484
shall first be distributed to recipients of funds during the	39485
preceding fiscal year. Awards under this division may be reduced	39486
by the amount received in that fiscal year for one-time start-up	39487
costs and may be adjusted for actual months of program operation	39488
or enrollment as reported during the first full week of December,	39489
and may be increased by a reasonable percentage to be determined	39490
by the Department of Education. The department may redistribute	39491
dollars to programs demonstrating an unmet need based on updated	39492
assessments of family needs and community resources, with special	39493
attention to the projected impact of welfare reform. In fiscal	39494
years 2002 and 2003, the department may authorize recipients to	39495
carry over funds to the subsequent fiscal year.	39496

The department may reallocate unobligated or unspent money to	39497
participating school districts for purposes of program expansion,	39498
improvement, or special projects to promote excellence and	39499
innovation.	39500

(E) Costs for developing and administering a preschool	39501
program may not exceed fifteen per cent of the total approved	39502
costs of the program.	39503

All recipients of funds shall maintain such fiscal control	39504
and accounting procedures as may be necessary to ensure the	39505
disbursement of, and accounting for, these funds. The control of	39506
funds provided in this program, and title to property obtained	39507
therefrom, shall be under the authority of the approved recipient	39508
for purposes provided in the program. The approved recipient	39509
shall administer and use such property and funds for the purposes	39510
specified.	39511

(F) The department shall prescribe target levels for	39512
critical performance indicators for the purpose of assessing	39513
public preschool programs. On-site reviews and follow-up visits	39514
shall be based on progress in meeting the prescribed target	39515
levels.	39516

The department may audit a school district's preschool	39517
financial and program records. School districts that have	39518
financial practices not in accordance with standard accounting	39519
principles, that operate preschool programs that fail to	39520
substantially meet the Head Start performance standards, or that	39521
exhibit below-average performance shall be subject to an on-site	39522
review.	39523

The department shall require corrective plans of action for	39524
programs not achieving target levels or financial and program	39525
standards. Action plans shall include activities to be conducted	39526
by the grantee and timelines for activities to be completed and	39527
timelines for additional data submission to the department	39528
demonstrating that targets have been met. The appropriate school	39529
board official shall sign the corrective plans of action.	39530

Public preschool programs not meeting performance targets in	39531
accordance with the plan of action and prescribed timelines may	39532
have their continuation funding reduced, be disqualified for	39533
expansion consideration until targets are met, or have all state	39534
funds withdrawn and a new program established.	39535

(G) The department shall require public preschool programs	39536
to document child progress, using a common instrument prescribed	39537
by the department, and report results annually. The department	39538
shall determine the dates for documenting and reporting.	39539

The State Board of Education shall adopt rules addressing the	39540
use of screening and assessment data, including, but not limited	39541
to, all of the following:	39542

(1) Protection of the identity of individual children	39543
through assignment of a unique but not personally identifiable	39544
code;	39545

(2) Parents' rights;

39546

(3) Use of the data by school personnel as it relates to	39547
kindergarten entrance.	39548

(H) Each school district shall develop a sliding fee scale	39549
based on family incomes in the district and shall charge families	39550
who earn more than the federal poverty level for preschool.	39551

(I) It is the intent of the General Assembly that	39552
appropriations for appropriation items 200-406, Head Start, and	39553
200-408, Public Preschool, be available for transfer between Head	39554
Start and Public Preschool programs so that unallocated funds may	39555
be used between the two programs.	39556

Section 44.04. PROFESSIONAL DEVELOPMENT

39557

Of the foregoing appropriation item 200-410, Professional	39558
Development, $5,997,829 in each fiscal year shall be used by the	39559
Department of Education to develop a statewide comprehensive	39560
system of twelve professional development centers that support	39561
local educators' ability to foster academic achievement in the	39562
students they serve. The centers shall include training teachers	39563
on site-based management concepts to encourage teachers to become	39564
involved in the management of their schools.	39565

Of the foregoing appropriation item 200-410, Professional	39566
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in	39567
fiscal year 2003 shall be used by the Department of Education to	39568
pay the application fee for teachers from public and chartered	39569
nonpublic schools applying to the National Board for Professional	39570
Teaching Standards for professional teaching certificates or	39571
licenses that the board offers, and to provide grants in each	39572
fiscal year to recognize and reward teachers who become certified	39573
by the board pursuant to section 3319.55 of the Revised Code.	39574

These moneys shall be used to pay for the first 900	39575
applications in fiscal year 2002 and up to the first 550	39576
applications in fiscal year 2003 received by the department. Each	39577
prospective applicant for certification or licensure shall submit	39578
an application to the Department of Education. When the	39579
department has collected a group of applications, but not later	39580
than 30 days after receipt of the first application in a group, it	39581
shall send the applications to the National Board for Professional	39582
Teaching Standards along with a check to cover the cost of the	39583
application fee for all applicants in that group.	39584

Of the foregoing appropriation item 200-410, Professional	39585
Development, up to $8,296,000 in fiscal year 2002 and up to	39586
$19,387,750 in fiscal year 2003 shall be allocated for entry year	39587
programs. These funds shall be used to support mentoring services	39588
of beginning teachers, including chartered nonpublic beginning	39589
teachers. In fiscal year 2002, the Department of Education shall	39590
select eligible beginning teachers to participate in a year-long	39591
entry year program that provides mentoring by experienced school	39592
district and university faculty and Praxis III teacher performance	39593
assessment. In fiscal year 2003, the program shall also include	39594
the assessment of all beginning teachers with the Education	39595
Testing Service's Praxis III examination.	39596

Of the foregoing appropriation item 200-410, Professional	39597
Development, up to $650,000 in each fiscal year shall be used to	39598
continue Ohio leadership academies to develop and train	39599
superintendents in new leadership and management practices to	39600
support high performance schools. This training shall be	39601
coordinated with other locally administered leadership programs.	39602

Of the foregoing appropriation item 200-410, Professional	39603
Development, up to $850,000 in each fiscal year shall be used to	39604
support the Ohio Principal's Leadership Academy that will serve	39605
principals and their staff teams. An advisory panel comprised of	39606
national business and education experts shall advise the	39607
Department of Education on content and delivery of curriculum and	39608
instruction.	39609

Of the foregoing appropriation item 200-410, Professional	39610
Development, up to $975,000 in each fiscal year shall be used to	39611
establish an entry year program for principals, including for	39612
chartered nonpublic principals. Grants in fiscal year 2002 shall	39613
be issued to pilot sites that shall develop prototypes of the	39614
program in a variety of contexts. These sites also shall pilot	39615
the School Leaders Licensure Assessment, which was developed by	39616
the Educational Testing Service at a cost of $450 per assessment.	39617
Funds in fiscal year 2003 shall be used to implement an entry year	39618
program for principals.	39619

Of the foregoing appropriation item 200-410, Professional	39620
Development, up to $500,000 in each fiscal year shall be used by	39621
the Rural Appalachian Initiative to create professional	39622
development academies for teachers, principals, and	39623
superintendents in the Appalachian region. No funding shall be	39624
released prior to the Department of Education receiving a	39625
satisfactory report of the activities conducted by these	39626
professional development academies during the previous year.	39627

Of the foregoing appropriation item 200-410, Professional	39628
Development, up to $250,000 in fiscal year 2002 and up to $350,000	39629
in fiscal year 2003 shall be used to support a Teacher Recognition	39630
Program. Funds awarded shall be used to recognize exemplary	39631
performance and support the professional development of educators	39632
across the educator life-cycle continuum, and may also be used to	39633
support the implementation of an educator-in-residence program.	39634

Of the foregoing appropriation item 200-410, Professional	39635
Development, up to $25,000 in each fiscal year shall be used by	39636
the Ohio Teacher Education and Certification Commission to carry	39637
out the responsibilities of the 21-member Ohio Teacher Education	39638
and Certification Advisory Commission. The advisory commission is	39639
charged by the State Board of Education with considering all	39640
matters related to educator preparation and licensure, including	39641
standards for educator preparation and licensure, approval of	39642
institutions and programs, and recommending consideration of	39643
decisions to the State Board.	39644

Of the foregoing appropriation item 200-410, Professional	39645
Development, up to $75,000 in each fiscal year shall be used to	39646
support the Ohio University Leadership Program.	39647

Section 44.05.  FAMILY AND CHILDREN FIRST

39648

(A) Of the foregoing appropriation item 200-411, Family and	39649
Children First, the Department of Education shall transfer up to	39650
$3,677,188 in each fiscal year by intrastate transfer voucher to	39651
the Department of Mental Retardation and Developmental	39652
Disabilities. These funds shall be spent on direct grants to	39653
county family and children first councils created under section	39654
121.37 of the Revised Code. The funds shall be used as partial	39655
support payment and reimbursement for locally coordinated	39656
treatment plans for multineeds children that come to the attention	39657
of the Family and Children First Cabinet Council pursuant to	39658
section 121.37 of the Revised Code. The treatment plans shall	39659
include strategies to address each child's academic achievement.	39660
The Department of Mental Retardation and Developmental	39661
Disabilities shall administer the distribution of the direct	39662
grants to the county councils. The Department of Mental	39663
Retardation and Developmental Disabilities may use up to five per	39664
cent of this amount for administrative expenses associated with	39665
the distribution of funds to the county councils.	39666

(B) Of the foregoing appropriation item 200-411, Family and	39667
Children First, up to $1,775,000 in each fiscal year shall be used	39668
as administrative grants to county family and children first	39669
councils to provide a portion of the salary and fringe benefits	39670
necessary to fund county council coordinators, administrative	39671
support, training, or parental involvement. The total initial	39672
grant under this provision to any county family and children first	39673
council shall not exceed $20,000. In the event that not all	39674
counties in the state have established a county council, at the	39675
beginning of the fourth quarter of a fiscal year, any remaining	39676
funds to be used as administrative grants may be redirected by the	39677
Family and Children First Cabinet Council to other priorities and	39678
activities. Up to $15,000 of the $1,775,000 in each fiscal year	39679
shall be used by the Family and Children First Cabinet Council for	39680
administrative costs, including stipends to family representatives	39681
participating in approved activities of the initiative,	39682
educational and informational forums, and technical assistance to	39683
local family and children first councils.	39684

(C) Of the foregoing appropriation item 200-411, Family and	39685
Children First, up to $5,190,000 in each fiscal year shall be used	39686
to fund school-based or school-linked school readiness resource	39687
centers in school districts where there is a concentration of risk	39688
factors to school readiness and success, including indicators of	39689
poverty, health, and family stability. The purpose of these	39690
centers is to assist in providing services to families of	39691
school-age children who want and need support.	39692

School readiness resource centers shall be located in each of	39693
the state's 21 urban school districts as defined in division (O)	39694
of section 3317.02 of the Revised Code, as that section existed	39695
prior to July 1, 1998. The Ohio Family and Children First Cabinet	39696
Council, in consultation with the Department of Education and	39697
school districts, shall identify individual schools based on	39698
quantitative and qualitative factors that reflect both the need	39699
for school readiness resource centers and the local capacity for	39700
redesigning, as necessary, a delivery system of family support	39701
services. The council and the Department of Education shall	39702
organize and provide technical assistance to the school districts	39703
and communities in planning, developing, and implementing the	39704
centers. The council shall also negotiate a performance agreement	39705
that details required program characteristics, service options,	39706
and expected results.	39707

Each urban school district and community may receive up to	39708
$240,000 to maintain three school readiness resource centers that	39709
are located in or linked to elementary, middle, and high school	39710
sites that are connected by student assignment patterns within the	39711
school districts. Each school district shall work with a	39712
representative of the local family and children first council and	39713
a representative cross-section of families and community leaders	39714
in the district to operate the school readiness resource centers	39715
based upon conditions agreed to in the performance agreement	39716
negotiated with the cabinet council.	39717

Up to $50,000 in each fiscal year may be used by the Ohio	39718
Family and Children First Cabinet Council for an evaluation of the	39719
effectiveness of the school readiness resource centers. Up to	39720
$100,000 in each fiscal year may be used by the cabinet council to	39721
approve technical assistance and oversee the implementation of the	39722
centers. The administration and management of the school	39723
readiness resource centers may be contracted out through a	39724
competitive bidding process established by the cabinet council in	39725
consultation with the Department of Education.	39726

Section 44.06. VOCATIONAL EDUCATION MATCH

39727

The foregoing appropriation item 200-416, Vocational	39728
Education Match, shall be used by the Department of Education to	39729
provide vocational administration matching funds pursuant to 20	39730
U.S.C. 2311.	39731

TECHNICAL SYSTEMS DEVELOPMENT

39732

The foregoing appropriation item 200-420, Technical Systems	39733
Development, shall be used to support the development and	39734
implementation of information technology solutions designed to	39735
improve the performance and customer service of the Department of	39736
Education. Funds may be used for personnel, maintenance, and	39737
equipment costs related to the development and implementation of	39738
these technical system projects. Implementation of these systems	39739
shall allow the department to provide greater levels of assistance	39740
to school districts and to provide more timely information to the	39741
public, including school districts, administrators, and	39742
legislators.	39743

In each fiscal year, up to $2,000,000 shall be used for EMIS	39744
conversion, including district support and technical assistance;	39745
up to $350,000 in each year may be used for the department's	39746
annual maintenance contract for database management software; and	39747
up to $200,000 in each year shall be used to support the data	39748
warehouse project.	39749

ALTERNATIVE EDUCATION PROGRAMS

39750

There is hereby created the Alternative Education Advisory	39751
Council, which shall consist of one representative from each of	39752
the following agencies: the Ohio Department of Education; the	39753
Department of Youth Services; the Ohio Department of Alcohol and	39754
Drug Addiction Services; the Department of Mental Health; the	39755
Office of the Governor or, at the Governor's discretion, the	39756
Office of the Lieutenant Governor; and the Office of the Attorney	39757
General.	39758

Of the foregoing appropriation item 200-421, Alternative	39759
Education Programs, not less than $9,200,107 in each fiscal year	39760
shall be used for the renewal of successful implementation grants	39761
and for competitive matching grants to the 21 urban school	39762
districts as defined in division (O) of section 3317.02 of the	39763
Revised Code as it existed prior to July 1, 1998, and not less	39764
than $9,200,107 in each fiscal year shall be used for the renewal	39765
of successful implementation of grants and for competitive	39766
matching grants to rural and suburban school districts for	39767
alternative educational programs for existing and new at-risk and	39768
delinquent youth. Programs shall be focused on youth in one or	39769
more of the following categories: those who have been expelled or	39770
suspended, those who have dropped out of school or who are at risk	39771
of dropping out of school, those who are habitually truant or	39772
disruptive, or those on probation or on parole from a Department	39773
of Youth Services facility. Grants shall be awarded according to	39774
the criteria established by the Alternative Education Advisory	39775
Council in 1999. Grants shall be awarded only to programs where	39776
the grant would not serve as the program's primary source of	39777
funding. These grants shall be administered by the Department of	39778
Education.	39779

The Department of Education may waive compliance with any	39780
minimum education standard established under section 3301.07 of	39781
the Revised Code for any alternative school that receives a grant	39782
under this section on the grounds that the waiver will enable the	39783
program to more effectively educate students enrolled in the	39784
alternative school.	39785

Of the foregoing appropriation item 200-421, Alternative	39786
Education Programs, up to $480,552 in each fiscal year may be used	39787
for program administration, monitoring, technical assistance,	39788
support, research, and evaluation. Any unexpended balance may be	39789
used to provide additional matching grants to urban, suburban, or	39790
rural school districts as outlined above.	39791

Of the foregoing appropriation item 200-421, Alternative	39792
Education Programs, $313,386 in each fiscal year shall be used to	39793
contract with the Center for Learning Excellence at The Ohio State	39794
University to provide technical support for the project and the	39795
completion of formative and summative evaluation of the grants.	39796

Of the foregoing appropriation item 200-421, Alternative	39797
Education Programs, up to $805,849 in each fiscal year shall be	39798
used to support Amer-I-Can.	39799

SCHOOL MANAGEMENT ASSISTANCE

39800

The foregoing appropriation item 200-422, School Management	39801
Assistance, shall be used by the Department of Education to	39802
provide fiscal technical assistance and inservice education for	39803
school district management personnel and to administer, monitor,	39804
and implement the fiscal watch and fiscal emergency provisions	39805
under Chapter 3316. of the Revised Code.	39806

POLICY ANALYSIS

39807

The foregoing appropriation item 200-424, Policy Analysis,	39808
shall be used by the Department of Education to support a system	39809
of administrative, statistical, and legislative education	39810
information to be used for policy analysis. Staff supported by	39811
this appropriation shall administer the development of reports,	39812
analyses, and briefings to inform education policymakers of	39813
current trends in education practice, efficient and effective use	39814
of resources, and evaluation of programs to improve education	39815
results. The database shall be kept current at all times. These	39816
research efforts shall be used to supply information and analysis	39817
of data to the General Assembly and other state policymakers,	39818
including the Office of Budget and Management and the Legislative	39819
Service Commission.	39820

The Department of Education may use funding from this	39821
appropriation item to purchase or contract for the development of	39822
software systems or contract for policy studies that will assist	39823
in the provision and analysis of policy-related information.	39824
Funding from this appropriation item also may be used to monitor	39825
and enhance quality assurance for research-based policy analysis	39826
and program evaluation to enhance the effective use of education	39827
information to inform education policymakers.	39828

TECH PREP ADMINISTRATION

39829

The foregoing appropriation item 200-425, Tech Prep	39830
Administration, shall be used by the Department of Education to	39831
support state-level activities designed to support, promote, and	39832
expand tech prep programs. Use of these funds shall include, but	39833
not be limited to, administration of grants, program evaluation,	39834
professional development, curriculum development, assessment	39835
development, program promotion, communications, and statewide	39836
coordination of tech prep consortia.	39837

OHIO EDUCATIONAL COMPUTER NETWORK

39838

The foregoing appropriation item 200-426, Ohio Educational	39839
Computer Network, shall be used by the Department of Education to	39840
maintain a system of information technology throughout Ohio and to	39841
provide technical assistance for such a system in support of the	39842
State Education Technology Plan pursuant to section 3301.07 of the	39843
Revised Code.	39844

Of the foregoing appropriation item 200-426, Ohio Educational	39845
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	39846
$21,188,334 in fiscal year 2003 shall be used by the Department of	39847
Education to support connection of all public school buildings to	39848
the state's education network, to each other, and to the Internet.	39849
In each fiscal year the Department of Education shall use these	39850
funds to help reimburse data acquisition sites or school districts	39851
for the operational costs associated with this connectivity. The	39852
Department of Education shall develop a formula and guidelines for	39853
the distribution of these funds to the data acquisition sites or	39854
individual school districts. As used in this section, "public	39855
school building" means a school building of any city, local,	39856
exempted village, or joint vocational school district, or any	39857
community school established under Chapter 3314. of the Revised	39858
Code, or any educational service center building used for	39859
instructional purposes.	39860

Of the foregoing appropriation item 200-426, Ohio Educational	39861
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	39862
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	39863
and InfOhio Network.	39864

The Department of Education shall use up to $4,590,000 in	39865
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	39866
assist designated data acquisition sites with operational costs	39867
associated with the increased use of the state's education network	39868
by chartered nonpublic schools. The Department of Education shall	39869
develop a formula and guidelines for distribution of these funds	39870
to designated data acquisition sites.	39871

The remainder in each fiscal year of appropriation item	39872
200-426, Ohio Educational Computer Network, shall be used to	39873
support development, maintenance, and operation of a network of	39874
uniform and compatible computer-based information and	39875
instructional systems. The technical assistance shall include, but	39876
not be restricted to, development and maintenance of adequate	39877
computer software systems to support network activities. Program	39878
funds may be used, through a formula and guidelines devised by the	39879
department, to subsidize the activities of not more than 24	39880
designated data acquisition sites, as defined by State Board of	39881
Education rules, to provide school districts and chartered	39882
nonpublic schools with computer-based student and teacher	39883
instructional and administrative information services, including	39884
approved computerized financial accounting, and to ensure the	39885
effective operation of local automated administrative and	39886
instructional systems. To broaden the scope of the use of	39887
technology for education, the department may use up to $250,000 in	39888
each fiscal year to coordinate the activities of the computer	39889
network with other agencies funded by the department or the state.	39890
In order to improve the efficiency of network activities, the	39891
department and data acquisition sites may jointly purchase	39892
equipment, materials, and services from funds provided under this	39893
appropriation for use by the network and, when considered	39894
practical by the department, may utilize the services of	39895
appropriate state purchasing agencies.	39896

ACADEMIC STANDARDS

39897

The foregoing appropriation item 200-427, Academic Standards,	39898
shall be used by the Department of Education to develop and	39899
disseminate academic content standards. These funds shall be used	39900
to develop academic content standards and curriculum models and to	39901
fund communication of expectations to teachers, school districts,	39902
parents, and communities.	39903

Section 44.07.  SCHOOL IMPROVEMENT INITIATIVES

39904

Of the foregoing appropriation item 200-431, School	39905
Improvement Initiatives, up to $3,700,000 in fiscal year 2002	39906
shall be used to continue previously awarded venture capital	39907
grants of $25,000 to 148 schools and up to $975,000 in fiscal year	39908
2003 shall be used to continue previously awarded venture capital	39909
grants of $25,000 to 39 schools.	39910

Of the foregoing appropriation item 200-431, School	39911
Improvement Initiatives, $4,500,000 in fiscal year 2002 and	39912
$5,000,000 in fiscal year 2003 shall be used for the development	39913
and distribution of school report cards pursuant to section	39914
3302.03 of the Revised Code, for the development of core	39915
competencies for the proficiency tests, and to support the	39916
recommendations of the Governor's Commission for Student Success.	39917

Of the foregoing appropriation item 200-431, School	39918
Improvement Initiatives, $7,500,000 in fiscal year 2002 and	39919
$8,500,000 in fiscal year 2003 shall be used to provide technical	39920
assistance to school districts that are declared to be in a state	39921
of academic watch or academic emergency under section 3302.03 of	39922
the Revised Code to develop their continuous improvement plans as	39923
required in section 3302.04 of the Revised Code.	39924

Of the foregoing appropriation item 200-431, School	39925
Improvement Initiatives, up to $150,000 in each fiscal year shall	39926
be used to support a teacher-in-residence at the Governor's office	39927
and related support staff, travel expenses, and administrative	39928
overhead.	39929

SCHOOL CONFLICT MANAGEMENT

39930

Of the foregoing appropriation item 200-432, School Conflict	39931
Management, amounts shall be used by the Department of Education	39932
for the purpose of providing dispute resolution and conflict	39933
management training, consultation, and materials for school	39934
districts, and for the purpose of providing competitive school	39935
conflict management grants to school districts.	39936

The Department of Education shall assist the Commission on	39937
Dispute Resolution and Conflict Management in the development and	39938
dissemination of the school conflict management program. The	39939
assistance provided by the Department of Education shall include	39940
the assignment of a full-time employee of the department to the	39941
Commission on Dispute Resolution and Conflict Management to	39942
provide technical and administrative support to maximize the	39943
quality of dispute resolution and conflict management programs and	39944
services provided to school districts.	39945

Of the foregoing appropriation item 200-432, School Conflict	39946
Management, up to $5,000 in fiscal year 2002 shall be used to	39947
support the Character Council Initiative. The Initiative works to	39948
instill character and values at all levels in the community.	39949

READING/WRITING IMPROVEMENT

39950

Of the foregoing appropriation item 200-433, Reading/Writing	39951
Improvement, up to $12,396,970 in each fiscal year shall be used	39952
for professional development in literacy for classroom teachers,	39953
administrators, and literacy specialists.	39954

Of the foregoing appropriation item 200-433, Reading/Writing	39955
Improvement, up to $1,780,268 in fiscal year 2002 and up to	39956
$1,815,874 in fiscal year 2003 shall be used by the Department of	39957
Education to fund the Reading Recovery Training Network, to cover	39958
the cost of release time for the teacher trainers, and to provide	39959
grants to districts to implement other reading improvement	39960
programs on a pilot basis. Funds for this appropriation item may	39961
also be used to conduct evaluations of the impact and	39962
effectiveness of Reading Recovery and other reading improvement	39963
programs.	39964

The remainder of appropriation item 200-433, Reading/Writing	39965
Improvement, shall be used by the Department of Education to	39966
develop and support reading and writing improvement programs by	39967
providing a common assessment/profile instrument for elementary	39968
school buildings, literacy specialist support and training	39969
programs, and incentives for teachers to complete professional	39970
development programs.	39971

STUDENT ASSESSMENT

39972

The foregoing appropriation item 200-437, Student Assessment,	39973
shall be used to develop, field test, print, distribute, score,	39974
and report results from the tests required under sections	39975
3301.0710 and 3301.0711 of the Revised Code and for similar	39976
purposes as required by section 3301.27 of the Revised Code.	39977

SAFE SCHOOLS

39978

Of the foregoing appropriation item 200-438, Safe Schools,	39979
$230,000 in each fiscal year shall be used for the development and	39980
operation of a Safe Schools Center. The Department of Education	39981
shall oversee the creation of a center to serve as a coordinating	39982
entity to assist school district personnel, parents, juvenile	39983
justice representatives, and law enforcement in identifying	39984
effective strategies and services for improving school safety and	39985
reducing threats to the security of students and school personnel.	39986

Of the foregoing appropriation item 200-438, Safe Schools, up	39987
to $1,800,000 in each fiscal year shall be used for a safe-school	39988
help line program for students, parents, and the community to	39989
report threats to the safety of students or school personnel. The	39990
Department of Education shall establish criteria to distribute	39991
these funds to school districts whose superintendents indicate the	39992
program would be a meaningful aid to school security.	39993

Of the foregoing appropriation item 200-438, Safe Schools, up	39994
to $20,000 in each fiscal year may be used by schools for the	39995
Eddie Eagle Gun Safety Pilot Program. School districts wishing to	39996
participate in the pilot program shall apply to the Department of	39997
Education under guidelines established by the Superintendent of	39998
Public Instruction.	39999

AMERICAN SIGN LANGUAGE

40000

Of the foregoing appropriation item 200-441, American Sign	40001
Language, up to $153,000 in fiscal year 2002 and up to $156,060	40002
in fiscal year 2003 shall be used to implement pilot projects for	40003
the integration of American Sign Language deaf language into the	40004
kindergarten through twelfth-grade curriculum.	40005

The remainder of the appropriation shall be used by the	40006
Department of Education to provide supervision and consultation to	40007
school districts in dealing with parents of handicapped children	40008
who are deaf or hard of hearing, in integrating American Sign	40009
Language as a foreign language, and in obtaining interpreters and	40010
improving their skills.	40011

CHILD CARE LICENSING

40012

The foregoing appropriation item 200-442, Child Care	40013
Licensing, shall be used by the Department of Education to license	40014
and to inspect preschool and school-age child care programs in	40015
accordance with sections 3301.52 to 3301.59 of the Revised Code.	40016

PROFESSIONAL RECRUITMENT

40017

Of the foregoing appropriation item 200-444, Professional	40018
Recruitment, $1,300,000 in each fiscal year shall be used by the	40019
Department of Education to establish programs targeted at	40020
recruiting underrepresented populations into the teaching	40021
profession. In each year, the recruitment programs shall include,	40022
but not be limited to, alternative teacher licensure or	40023
certification programs emphasizing the recruitment of highly	40024
qualified minority candidates into teaching, including emphasizing	40025
the recruitment of highly qualified minority candidates into	40026
teaching positions in schools that have a high percentage of	40027
minority students. The recruitment programs also shall target	40028
recruiting qualified candidates available as a result of	40029
downsizing of the military and business sectors. Funding also	40030
shall be targeted to statewide, regional, and local programs that	40031
are competitively selected as promising programs demonstrating the	40032
potential of significantly increasing Ohio's minority teaching	40033
force.	40034

The remainder of appropriation item 200-444 shall be used by	40035
the Department of Education for recruitment programs targeting	40036
special needs areas: recruiting prospective mathematics and	40037
science teachers, recruiting special educators, recruiting	40038
principals, developing a web-based placement bureau, establishing	40039
a pre-collegiate program to target future teachers, and piloting	40040
paraeducators-to-teacher programs.	40041

OHIOREADS ADMIN/VOLUNTEER SUPPORT

40042

The foregoing appropriation item 200-445, OhioReads	40043
Admin/Volunteer Support, may be allocated by the OhioReads Council	40044
for volunteer coordinators in public school buildings, to	40045
educational service centers for costs associated with volunteer	40046
coordination, for background checks for volunteers, to evaluate	40047
the OhioReads Program, and for operating expenses associated with	40048
administering the program.	40049

Section 44.08.  EDUCATION MANAGEMENT INFORMATION SYSTEM

40050

The foregoing appropriation item 200-446, Education	40051
Management Information System, shall be used by the Department of	40052
Education to provide school districts with the means to implement	40053
local automated information systems and to implement, develop, and	40054
improve the Education Management Information System (EMIS) for the	40055
common student information management software developed by the	40056
Department of Education.	40057

Of the foregoing appropriation item 200-446, Education	40058
Management Information System, up to $1,100,000 in fiscal year	40059
2002 may be used by the Department of Education to assist	40060
designated data acquisition sites or school districts with	40061
deployment and implementation of the common student management	40062
record system software, and for hardware, personnel, equipment,	40063
staff development, software, and forms modification, as well as to	40064
support EMIS special report activities in the department.	40065

Of the foregoing appropriation item 200-446, Education	40066
Management Information System, up to $2,213,639 in fiscal year	40067
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed	40068
to designated data acquisition sites for costs relating to	40069
processing, storing, and transferring data for the effective	40070
operation of the EMIS. These costs may include, but are not	40071
limited to, personnel, hardware, software development,	40072
communications connectivity, professional development, and support	40073
services, and to provide services to participate in the State	40074
Education Technology Plan pursuant to section 3301.07 of the	40075
Revised Code.	40076

Of the foregoing appropriation item 200-446, Education	40077
Management Information System, up to $7,763,297 in fiscal year	40078
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed	40079
to school districts, community schools established under Chapter	40080
3314. of the Revised Code, education service centers, and joint	40081
vocational school districts on a per-pupil basis. From this	40082
funding, each school district or community school established	40083
under Chapter 3314. of the Revised Code with enrollment greater	40084
than 100 students and each vocational school district shall	40085
receive a minimum of $5,000 for each year of the biennium. Each	40086
school district or community school established under Chapter	40087
3314. of the Revised Code with enrollment between one and one	40088
hundred and each education service center and each county board of	40089
MR/DD that submits data through EMIS shall receive $3,000 for each	40090
year of the biennium. This money shall be used for costs	40091
associated with the development and operation of local automated	40092
record-based information systems that provide data as required by	40093
the education management information system, and facilitate local	40094
district, school, and classroom management activities.	40095

GED TESTING/ADULT HIGH SCHOOL

40096

The foregoing appropriation item 200-447, GED Testing/Adult	40097
High School, shall be used to provide General Educational	40098
Development (GED) testing at no cost to applicants, pursuant to	40099
rules adopted by the State Board of Education. The Department of	40100
Education shall reimburse school districts and community schools,	40101
created in accordance with Chapter 3314. of the Revised Code, for	40102
a portion of the costs incurred in providing summer instructional	40103
or intervention services to students who have not graduated due to	40104
their inability to pass one or more parts of the state's ninth	40105
grade proficiency test. School districts shall also provide such	40106
services to students who are residents of the district pursuant to	40107
section 3313.64 of the Revised Code, but who are enrolled in	40108
chartered, nonpublic schools. The services shall be provided in	40109
the public school, in nonpublic schools, in public centers, or in	40110
mobile units located on or off the nonpublic school premises. No	40111
school district shall provide summer instructional or intervention	40112
services to nonpublic school students as authorized by this	40113
section unless such services are available to students attending	40114
the public schools within the district. No school district shall	40115
provide services for use in religious courses, devotional	40116
exercises, religious training, or any other religious activity.	40117
Chartered, nonpublic schools shall pay for any unreimbursed costs	40118
incurred by school districts for providing summer costs incurred	40119
by school districts for providing summer instruction or	40120
intervention services to students enrolled in chartered, nonpublic	40121
schools. School districts may provide these services to students	40122
directly or contract with postsecondary or nonprofit	40123
community-based institutions in providing instruction. The	40124
appropriation also shall be used for state reimbursement to	40125
school districts for adult high school continuing education	40126
programs pursuant to section 3313.531 of the Revised Code or for	40127
costs associated with awarding adult high school diplomas under	40128
section 3313.611 of the Revised Code.	40129

COMMUNITY SCHOOLS

40130

Of the foregoing appropriation item 200-455, Community	40131
Schools, up to $100,000 in each fiscal year may be used by the	40132
Lucas County Educational Service Center to pay for additional	40133
services provided to community schools, subject to the reporting	40134
by the service center of actual expenses incurred to the	40135
Department of Education. Up to $1,628,935 in fiscal year 2002 and	40136
up to $1,724,517 in fiscal year 2003 may be used by the Office of	40137
School Options in the Department of Education for additional	40138
services and responsibilities under section 3314.11 of the Revised	40139
Code.	40140

The remaining appropriation may be used by the Department of	40141
Education and the Lucas County Educational Service Center to make	40142
grants of up to $50,000 to each proposing group with a preliminary	40143
agreement obtained under division (C)(2) of section 3314.02 of the	40144
Revised Code in order to defray planning and initial start-up	40145
costs. In the first year of operation of a community school, the	40146
Department of Education and the Lucas County Educational Service	40147
Center may make a grant of no more than $100,000 to the governing	40148
authority of the school to partially defray additional start-up	40149
costs. The amount of the grant shall be based on a thorough	40150
examination of the needs of the community school. The Department	40151
of Education and the Lucas County Educational Service Center shall	40152
not utilize moneys received under this section for any other	40153
purpose other than those specified under this section. The	40154
department shall allocate an amount to the Lucas County	40155
Educational Service Center for grants to schools in the Lucas	40156
County area under this paragraph.	40157

A community school awarded start-up grants from appropriation	40158
item 200-613, Public Charter Schools (Fund 3T4), shall not be	40159
eligible for grants under this section.	40160

Section 44.09.  SCHOOL FINANCE EQUITY

40161

The foregoing appropriation item 200-500, School Finance	40162
Equity, shall be distributed to school districts based on the	40163
formula specified in section 3317.0213 of the Revised Code.	40164

Section 44.10.  BASE COST FUNDING

40165

The foregoing appropriation item 200-501, Base Cost Funding,	40166
includes $86,794,676 in fiscal year 2003 for the state education	40167
aid offset due to the change in public utility valuation as a	40168
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	40169
General Assembly. This amount represents the total state	40170
education aid offset due to the valuation change for school	40171
districts and joint vocational school districts from all relevant	40172
line item sources. If it is determined that the state education	40173
aid offset is more than $86,794,676, the Controlling Board may	40174
increase the appropriation for item 200-501, Base Cost Funding, by	40175
the difference amount if presented with such a request from the	40176
Department of Education. The appropriation increase, if any, is	40177
hereby appropriated. If it is determined that the state education	40178
aid offset is less than $86,794,676, the Director of Budget and	40179
Management shall then reduce the appropriation for item 200-501,	40180
Base Cost Funding, by the difference amount and notify the	40181
Controlling Board of this action. The appropriation decrease	40182
determined by the Director of Budget and Management, if any, is	40183
hereby approved, and appropriations are hereby reduced by the	40184
amount determined.	40185

Of the foregoing appropriation item 200-501, Base Cost	40186
Funding, up to $425,000 shall be expended in each year of the	40187
biennium for court payments pursuant to section 2151.357 of the	40188
Revised Code; an amount shall be available each year of the	40189
biennium for the cost of the reappraisal guarantee pursuant to	40190
section 3317.04 of the Revised Code; an amount shall be available	40191
in each year of the biennium to fund up to 225 full-time	40192
equivalent approved GRADS teacher grants pursuant to division (R)	40193
of section 3317.024 of the Revised Code; an amount shall be	40194
available in each year of the biennium to make payments to school	40195
districts pursuant to division (A)(2) of section 3317.022 of the	40196
Revised Code; an amount shall be available in fiscal year 2003 to	40197
make payments to school districts pursuant to division (F) of	40198
section 3317.022 of the Revised Code; and up to $15,000,000 in	40199
each year of the biennium shall be reserved for payments pursuant	40200
to sections 3317.026, 3317.027, and 3317.028 of the Revised Code	40201
except that the Controlling Board may increase the $15,000,000	40202
amount if presented with such a request from the Department of	40203
Education. Of the foregoing appropriation item 200-501, Base Cost	40204
Funding, up to $14,000,000 shall be used in each fiscal year to	40205
provide additional state aid to school districts for special	40206
education students pursuant to division (C)(4) of section 3317.022	40207
of the Revised Code; up to $2,000,000 in each year of the biennium	40208
shall be reserved for Youth Services tuition payments pursuant to	40209
section 3317.024 of the Revised Code; and up to $52,000,000 in	40210
each fiscal year shall be reserved to fund the state reimbursement	40211
of educational service centers pursuant to section 3317.11 of the	40212
Revised Code.	40213

Of the foregoing appropriation item 200-501, Base Cost	40214
Funding, up to $1,000,000 in each fiscal year shall be used by the	40215
Department of Education for a pilot program to pay for educational	40216
services for youth who have been assigned by a juvenile court or	40217
other authorized agency to any of the facilities described in	40218
division (A) of the section titled "Private Treatment Facility	40219
Pilot Project."	40220

The remaining portion of appropriation item 200-501, Base	40221
Cost Funding, shall be expended for the public schools of city,	40222
local, exempted village, and joint vocational school districts,	40223
including base cost funding, special education weight funding,	40224
special education speech service enhancement funding,	40225
career-technical education weight funding, career-technical	40226
education associated service funding, guarantee funding, and	40227
teacher training and experience funding pursuant to sections	40228
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code.	40229

Appropriation items 200-500, School Finance Equity, 200-501,	40230
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	40231
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	40232
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	40233
than specific set-asides, are collectively used to pay state	40234
formula aid obligations for school districts and joint vocational	40235
school districts pursuant to Chapter 3317. of the Revised Code.	40236
The first priority of these appropriation items, with the	40237
exception of specific set-asides, is to fund state formula aid	40238
obligations under Chapter 3317. of the Revised Code. It may be	40239
necessary to reallocate funds among these appropriation items in	40240
order to meet state formula aid obligations. If it is determined	40241
that it is necessary to transfer funds among these appropriation	40242
items to meet state formula aid obligations, the Department of	40243
Education shall seek approval from the Controlling Board to	40244
transfer funds among these appropriation items.	40245

Section 44.11. SUPPLEMENTAL PAYMENT

40246

Upon the recommendation of the Superintendent of Public	40247
Instruction, and subject to the approval of the Controlling Board,	40248
the Department of Education shall pay a school district in fiscal	40249
year 2002 an amount not greater than the difference between the	40250
following:	40251

(A) The cost of increasing teachers' salaries above the	40252
district's salary schedule to comply with division (C) of section	40253
3317.13 of the Revised Code as amended by this act, multiplied by	40254
one hundred fourteen per cent;	40255

(B) The district's increases in state funds for fiscal year	40256
2002.	40257

The increases in state funds for fiscal year 2002 shall be	40258
calculated by determining additional state funds received for	40259
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,	40260
3317.0212, and 3317.053 and division (P) of section 3317.024 of	40261
the Revised Code and uncodified sections of this act, above the	40262
amount of state funds the district received for fiscal year 2001	40263
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and	40264
3317.162 and division (P) of section 3317.024 of the Revised Code	40265
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General	40266
Assembly.	40267

The Department shall determine application procedures and a	40268
schedule for applications and payments under this section, which	40269
shall be subject to the approval of the Controlling Board. The	40270
Department may pay one-half of an estimated amount of a district's	40271
payment under this section during the first half of fiscal year	40272
2002, and the remainder of the actual calculated amount during the	40273
second half of the fiscal year. Subject to the approval of the	40274
Controlling Board, the amount of any overpayments under this	40275
section shall be deducted from payments made to the school	40276
district under Chapter 3317. of the Revised Code for the remainder	40277
of the fiscal year.	40278

Section 44.12.  PUPIL TRANSPORTATION

40279

Of the foregoing appropriation item 200-502, Pupil	40280
Transportation, up to $800,000 in fiscal year 2002 and up to	40281
$822,400 in fiscal year 2003 may be used by the Department of	40282
Education for training prospective and experienced school bus	40283
drivers in accordance with training programs prescribed by the	40284
department; an amount shall be available in each year of the	40285
biennium to be used for special education transportation	40286
reimbursements. The reimbursement rate in each year shall be	40287
based on the rate defined in division (D) of section 3317.022 of	40288
the Revised Code. The remainder of appropriation item 200-502,	40289
Pupil Transportation, shall be used for the state reimbursement of	40290
public school districts' costs in transporting pupils to and from	40291
the school they attend in accordance with the district's policy,	40292
State Board of Education standards, and the Revised Code.	40293

BUS PURCHASE ALLOWANCE

40294

The foregoing appropriation item 200-503, Bus Purchase	40295
Allowance, shall be distributed to school districts and	40296
educational service centers pursuant to rules adopted under	40297
section 3317.07 of the Revised Code. Up to 25 per cent of the	40298
amount appropriated may be used to reimburse school districts and	40299
educational service centers for the purchase of buses to transport	40300
handicapped and nonpublic school students.	40301

SCHOOL LUNCH

40302

The foregoing appropriation item 200-505, School Lunch Match,	40303
shall be used to provide matching funds to obtain federal funds	40304
for the school lunch program.	40305

Section 44.13.  ADULT LITERACY EDUCATION

40306

The foregoing appropriation item 200-509, Adult Literacy	40307
Education, shall be used to support adult basic and literacy	40308
education instructional programs and the State Literacy Resource	40309
Center Program.	40310

Of the foregoing appropriation item 200-509, Adult Literacy	40311
Education, up to $543,150 in fiscal year 2002 and up to $554,013	40312
in fiscal year 2003 shall be used for the support and operation of	40313
the State Literacy Resource Center.	40314

The remainder shall be used to continue to satisfy the state	40315
match and maintenance of effort requirements for the support and	40316
operation of the Department of Education-administered	40317
instructional grant program for adult basic and literacy education	40318
in accordance with the department's state plan for adult basic and	40319
literacy education as approved by the State Board of Education and	40320
the Secretary of the United States Department of Education.	40321

AUXILIARY SERVICES

40322

The foregoing appropriation item 200-511, Auxiliary Services,	40323
shall be used by the State Board of Education for the purpose of	40324
implementing section 3317.06 of the Revised Code. Of the	40325
appropriation, up to $1,250,000 in fiscal year 2002 and up to	40326
$1,500,000 in fiscal year 2003 may be used for payment of the	40327
Post-Secondary Enrollment Options Program for nonpublic students	40328
pursuant to section 3365.10 of the Revised Code.	40329

STUDENT INTERVENTION SERVICES

40330

The foregoing appropriation item 200-513, Student	40331
Intervention Services, shall be used to assist districts providing	40332
the intervention services specified in section 3313.608 of the	40333
Revised Code. The Department of Education shall establish	40334
guidelines for the use and distribution of these moneys. School	40335
districts receiving funds from this appropriation shall report to	40336
the Department of Education on how funds were used.	40337

No later than July 15, 2002, the Director of Budget and	40338
Management shall transfer $35,000,000 from Fund 3W6, TANF	40339
Education, to the General Revenue Fund. The transferred funds are	40340
appropriated for the appropriation item 200-513, Student	40341
Intervention Services. The foregoing appropriation item 200-513,	40342
Student Intervention Services, includes transferred funds of	40343
$35,000,000 in fiscal year 2003.	40344

The Department of Education shall comply with all TANF	40345
requirements, including reporting requirements and timelines, as	40346
specified in state and federal laws, federal regulations, state	40347
rules, and the Title IV-A state plan, and is responsible for	40348
payment of any adverse audit finding, final disallowance of	40349
federal financial participation, or other sanction or penalty	40350
issued by the federal government or other entity concerning these	40351
funds.	40352

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

40353

The foregoing appropriation item 200-514,	40354
Post-Secondary/Adult Career-Technical Education, shall be used by	40355
the State Board of Education to provide post-secondary/adult	40356
career-technical education under sections 3313.52 and 3313.53 of	40357
the Revised Code.	40358

Of the foregoing appropriation item 200-514,	40359
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	40360
each fiscal year shall be allocated for the Ohio Career	40361
Information System (OCIS) and used for the dissemination of career	40362
information data to public schools, libraries, rehabilitation	40363
centers, two- and four-year colleges and universities, and other	40364
governmental units.	40365

Of the foregoing appropriation item 200-514,	40366
Post-Secondary/Adult Career-Technical Education, up to $30,000 in	40367
each fiscal year shall be used for the statewide coordination of	40368
the activities of the Ohio Young Farmers.	40369

DISADVANTAGED PUPIL IMPACT AID

40370

The foregoing appropriation item 200-520, Disadvantaged Pupil	40371
Impact Aid, shall be distributed to school districts according to	40372
section 3317.029 of the Revised Code. However, no money shall be	40373
distributed for all-day kindergarten to any school district whose	40374
three-year average formula ADM exceeds 17,500 but whose DPIA index	40375
is not at least equal to 1.00 in each fiscal year, unless the	40376
Department of Education certifies that sufficient funds exist in	40377
this appropriation to make all other payments required by section	40378
3317.029 of the Revised Code.	40379

The Department of Education shall pay all-day, everyday	40380
kindergarten funding to all school districts in fiscal year 2002	40381
and fiscal year 2003 that qualified for and provided the service	40382
in a preceding fiscal year pursuant to section 3317.029 of the	40383
Revised Code, regardless of changes to such districts' DPIA	40384
indexes in fiscal year 2002 and fiscal year 2003.	40385

The Department of Education shall pay to community schools an	40386
amount for all-day kindergarten if the school district in which	40387
the student is entitled to attend school is eligible but does not	40388
receive a payment for all-day kindergarten, pursuant to division	40389
(B) of section 3314.13 of the Revised Code, and the student is	40390
reported by the community school as enrolled in all-day	40391
kindergarten at the community school.	40392

Of the foregoing appropriation item 200-520, Disadvantaged	40393
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	40394
$3,300,000 in fiscal year 2003 shall be used for school breakfast	40395
programs. Of these amounts, up to $500,000 shall be used each	40396
year by the Department of Education to provide start-up grants to	40397
rural school districts and to school districts with less than	40398
1,500 ADM that start school breakfast programs. The remainder of	40399
the appropriation shall be used to: (1) partially reimburse	40400
school buildings within school districts that are required to have	40401
a school breakfast program pursuant to section 3313.813 of the	40402
Revised Code, at a rate decided by the department, for each	40403
breakfast served to any pupil enrolled in the district; (2)	40404
partially reimburse districts participating in the National School	40405
Lunch Program that have at least 20 per cent of students who are	40406
eligible for free and reduced meals according to federal	40407
standards, at a rate decided by the department; and (3) to	40408
partially reimburse districts participating in the National School	40409
Lunch Program for breakfast served to children eligible for free	40410
and reduced meals enrolled in the district, at a rate decided by	40411
the department.	40412

Of the portion of the funds distributed to the Cleveland City	40413
School District under section 3317.029 of the Revised Code	40414
calculated under division (F)(2) of that section, up to	40415
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	40416
year 2003 shall be used to operate the pilot school choice program	40417
in the Cleveland City School District pursuant to sections	40418
3313.974 to 3313.979 of the Revised Code.	40419

Of the foregoing appropriation item 200-520, Disadvantaged	40420
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	40421
support dropout recovery programs administered by the Department	40422
of Education, Jobs for Ohio's Graduates Program.	40423

Section 44.14.  GIFTED PUPIL PROGRAM

40424

The foregoing appropriation item 200-521, Gifted Pupil	40425
Program, shall be used for gifted education units not to exceed	40426
1,050 in fiscal year 2002 and 1,100 in fiscal year 2003 pursuant	40427
to division (P) of section 3317.024 and division (F) of section	40428
3317.05 of the Revised Code.	40429

Of the foregoing appropriation item 200-521, Gifted Pupil	40430
Program, up to $5,000,000 in each fiscal year of the biennium may	40431
be used as an additional supplement for identifying gifted	40432
students pursuant to Chapter 3324. of the Revised Code.	40433

Of the foregoing appropriation item 200-521, Gifted Pupil	40434
Program, the Department of Education may expend up to $1,000,000	40435
each year for the Summer Honors Institute for gifted freshman and	40436
sophomore high school students. Up to $600,000 in each fiscal	40437
year shall be used for research and demonstration projects. The	40438
Department of Education shall research and evaluate the	40439
effectiveness of gifted education programs in Ohio. Up to $70,000	40440
in each year shall be used for the Ohio Summer School for the	40441
Gifted (Martin Essex Program).	40442

Section 44.15. PARITY AID

40443

The foregoing appropriation item 200-525, Parity Aid, shall	40444
be distributed to school districts based on the formulas specified	40445
in section 3317.0217 of the Revised Code.	40446

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

40447

The foregoing appropriation item 200-532, Nonpublic	40448
Administrative Cost Reimbursement, shall be used by the State	40449
Board of Education for the purpose of implementing section	40450
3317.063 of the Revised Code.	40451

DESEGREGATION COSTS

40452

The foregoing appropriation item 200-534, Desegregation	40453
Costs, shall be used to pay the legal fees associated with	40454
desegregation cases brought against the state.	40455

As part of managing state desegregation costs, any board of	40456
education of a school district subject to a federal court	40457
desegregation order that requires the district board to bus	40458
students for the purpose of racial balance shall, within one year	40459
after the effective date of this section:	40460

(1) Update its plan required under Am. Sub. H.B. 298 of the	40461
119th General Assembly designed to satisfy the court so as to	40462
obtain release from the court's desegregation order; and	40463

(2) Submit an updated copy of the plan to the State Board of	40464
Education.	40465

Upon request of the district board, the State Board shall provide	40466
technical assistance to the school district board in developing a	40467
plan.	40468

Within ninety days after the date on which the plan is	40469
submitted to the State Board of Education, the district board, or	40470
the district board and the State Board of Education jointly if	40471
both are parties to the desegregation case, shall submit the plan	40472
to the court and apply for release from the court's desegregation	40473
order.	40474

Section 44.16. SPECIAL EDUCATION ENHANCEMENTS	40475

Of the foregoing appropriation item 200-540, Special	40476
Education Enhancements, up to $45,295,000 in fiscal year 2002 and	40477
up to $47,809,750 in fiscal year 2003 shall be used to fund	40478
special education and related services at county boards of mental	40479
retardation and developmental disabilities for eligible students	40480
under section 3317.20 of the Revised Code. Up to $2,500,000 shall	40481
be used in each fiscal year to fund up to 57 special education	40482
classroom and related services units at institutions.	40483

Of the foregoing appropriation item 200-540, Special	40484
Education Enhancements, up to $3,293,959 in fiscal year 2002 and	40485
up to $3,425,717 in fiscal year 2003 shall be used for home	40486
instruction for handicapped children; up to $1,500,000 in each	40487
fiscal year shall be used for parent mentoring programs; and up to	40488
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year	40489
2003 may be used for school psychology interns.	40490

Of the foregoing appropriation item 200-540, Special	40491
Education Enhancements, $3,852,160 in fiscal year 2002 and up to	40492
$4,006,246 in fiscal year 2003 shall be used by the Department of	40493
Education to assist school districts in funding aides pursuant to	40494
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative	40495
Code.	40496

Of the foregoing appropriation item 200-540, Special	40497
Education Enhancements, $78,623,506 in each fiscal year shall be	40498
distributed by the Department of Education to county boards of	40499
mental retardation and developmental disabilities, educational	40500
service centers, and school districts for preschool special	40501
education units and preschool supervisory units in accordance with	40502
section 3317.161 of the Revised Code. The department may	40503
reimburse county boards of mental retardation and developmental	40504
disabilities, educational service centers, and school districts	40505
for related services as defined in rule 3301-31-05 of the	40506
Administrative Code, for preschool occupational and physical	40507
therapy services provided by a physical therapy assistant and	40508
certified occupational therapy assistant, and for an instructional	40509
assistant. To the greatest extent possible, the Department of	40510
Education shall allocate these units to school districts and	40511
educational service centers. The Controlling Board may approve	40512
the transfer of unallocated funds from appropriation item 200-501,	40513
Base Cost Funding, to appropriation item 200-540, Special	40514
Education Enhancements, to fully fund existing units as necessary	40515
or to fully fund additional units. The Controlling Board may	40516
approve the transfer of unallocated funds from appropriation item	40517
200-540, Special Education Enhancements, to appropriation item	40518
200-501, Base Cost Funding, to fully fund the special education	40519
weight cost funding.	40520

The Department of Education shall require school districts,	40521
educational service centers, and county MR/DD boards serving	40522
preschool children with disabilities to document child progress	40523
using a common instrument prescribed by the department and report	40524
results annually. The reporting dates and methodology shall be	40525
determined by the department.	40526

The department shall adopt rules addressing the use of	40527
screening and assessment data including, but not limited to:	40528

(1) Protection of the identity of individual children	40529
through assignment of a unique, but not personally identifiable,	40530
code;	40531

(2) Parents' rights; and

40532

(3) Use of the child data by school personnel as it relates	40533
to kindergarten entrance.	40534

Of the foregoing appropriation item 200-540, Special	40535
Education Enhancements, up to $808,081 in fiscal year 2002 and up	40536
to $832,323 in fiscal year 2003 shall be allocated to provide	40537
grants to research-based reading mentoring programs for students	40538
with disabilities in kindergarten through fourth grade. Priority	40539
shall be given to mentoring programs that have been recognized by	40540
the Education Commission of the States as promising educational	40541
practices for accelerating student achievement, are easily	40542
replicated, have strong evaluative components, and have goals	40543
aligned to the Ohio Proficiency Test. Programs may be implemented	40544
at times deemed most appropriate. Certified staff shall	40545
administer these programs and testing of participants shall be	40546
required prior to, during, and after participation in these	40547
programs. The results of the tests shall be reported to the	40548
Governor, Superintendent of Public Instruction, and General	40549
Assembly.	40550

Of the foregoing appropriation item 200-540, Special	40551
Education Enhancements, up to $86,000 in each fiscal year shall be	40552
used to conduct a collaborative pilot program to provide	40553
educational services and develop best educational practices for	40554
autistic children. The pilot program shall include, but not be	40555
limited to, the involvement of the Wood County Board of Mental	40556
Retardation and Developmental Disabilities, Wood County	40557
Educational Services Center, Children's Resource Center of Wood	40558
County, and the Family and Children First Council of Wood County.	40559

Of the foregoing appropriation item 200-540, Special	40560
Education Enhancements, up to $303,030 in fiscal year 2002 and up	40561
to $312,121 in fiscal year 2003 shall be expended to conduct a	40562
demonstration project involving language and literacy intervention	40563
teams supporting student acquisition of language and literacy	40564
skills. The demonstration project shall demonstrate improvement	40565
of language and literacy skills of at-risk learners under the	40566
instruction of certified speech language pathologists and	40567
educators. Baseline data shall be collected and comparison data	40568
for fiscal year 2002 and fiscal year 2003 shall be collected and	40569
reported to the Governor, OhioReads Council, Department of	40570
Education, and the General Assembly.	40571

Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

40572

Of the foregoing appropriation item 200-545, Career-Technical	40573
Education Enhancements, up to $2,616,001 in each fiscal year shall	40574
be used to fund career-technical education units at institutions.	40575
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	40576
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	40577
(JOG) program.	40578

Of the foregoing appropriation item 200-545, Career-Technical	40579
Education Enhancements, up to $5,250,000 in fiscal year 2002 and	40580
up to $6,000,000 in fiscal year 2003 shall be used by the	40581
Department of Education to fund competitive grants to tech prep	40582
consortia that expand the number of students enrolled in tech prep	40583
programs. These grant funds shall be used to directly support	40584
expanded tech prep programs provided to students enrolled in	40585
school districts, including joint vocational school districts, and	40586
affiliated higher education institutions.	40587

If federal funds for career-technical education cannot be	40588
used for local school district leadership without being matched by	40589
state funds, then an amount as determined by the Superintendent of	40590
Public Instruction shall be made available from state funds	40591
appropriated for career-technical education. If any state funds	40592
are used for this purpose, federal funds in an equal amount shall	40593
be distributed for career-technical education in accordance with	40594
authorization of the state plan for vocational education for Ohio	40595
as approved by the Secretary of the United States Department of	40596
Education.	40597

Of the foregoing appropriation item 200-545, Career-Technical	40598
Education Enhancements, $5,707,573 in each fiscal year shall be	40599
used to provide an amount to each eligible school district for the	40600
replacement or updating of equipment essential for the instruction	40601
of students in job skills taught as part of a career-technical	40602
program or programs approved for such instruction by the State	40603
Board of Education. School districts replacing or updating	40604
career-technical education equipment may purchase or lease such	40605
equipment. The Department of Education shall review and approve	40606
all equipment requests and may allot appropriated funds to	40607
eligible school districts on the basis of the number of full-time	40608
equivalent workforce development teachers in all eligible	40609
districts making application for funds.	40610

The State Board of Education may adopt standards of need for	40611
equipment allocation. Pursuant to the adoption of any such	40612
standards of need by the State Board of Education, appropriated	40613
funds may be allotted to eligible districts according to such	40614
standards. Equipment funds allotted under either process shall be	40615
provided to a school district on a 30, 40, or 50 per cent of cost	40616
on the basis of a district career-technical priority index rating	40617
developed by the Department of Education for all districts each	40618
year. The career-technical priority index shall give preference	40619
to districts with a large percentage of disadvantaged students and	40620
shall include other socio-economic factors as determined by the	40621
State Board of Education.	40622

Of the foregoing appropriation item 200-545, Career-Technical	40623
Education Enhancements, up to $3,900,000 in each fiscal year shall	40624
be used to support existing High Schools That Work (HSTW) sites,	40625
develop new sites, fund technical assistance, and support regional	40626
centers and middle school programs. The purpose of HSTW is to	40627
combine challenging academic courses and modern vocational and	40628
technical studies to raise the academic achievement of students.	40629
It provides intensive technical assistance, focused staff	40630
development, targeted assessment services, and ongoing	40631
communications and networking opportunities.	40632

Section 44.18.  CHARGE-OFF SUPPLEMENT

40633

The foregoing appropriation item 200-546, Charge-Off	40634
Supplement, shall be used by the Department of Education to make	40635
payments pursuant to section 3317.0216 of the Revised Code.	40636

COUNTY MR/DD BOARDS - VEHICLE PURCHASES

40637

The foregoing appropriation item 200-552, County MR/DD Boards	40638
Vehicle Purchases, shall be used to provide financial assistance	40639
to MR/DD boards for the purchase of vehicles as permitted in	40640
section 3317.07 of the Revised Code.	40641

COUNTY MR/DD BOARDS - TRANSPORTATION

40642

The foregoing appropriation item 200-553, County MR/DD Boards	40643
Transportation Operating, shall be used to provide financial	40644
assistance for transportation operating costs as provided in	40645
division (M) of section 3317.024 of the Revised Code.	40646

EMERGENCY LOAN INTEREST SUBSIDY

40647

The foregoing appropriation item 200-558, Emergency Loan	40648
Interest Subsidy, shall be used to provide a subsidy to school	40649
districts receiving emergency school loans pursuant to section	40650
3313.484 of the Revised Code. The subsidy shall be used to pay	40651
these districts the difference between the amount of interest the	40652
district is paying on an emergency loan, and the interest that the	40653
district would have paid if the interest rate on the loan had been	40654
two per cent.	40655

Section 44.19.  OHIOREADS GRANTS

40656

Of the foregoing appropriation item 200-566, OhioReads	40657
Grants, $22,148,000 each year shall be disbursed by the OhioReads	40658
Office in the Department of Education at the direction of the	40659
OhioReads Council to provide classroom grants to public schools in	40660
city, local, and exempted village school districts; community	40661
schools; and educational service centers serving kindergarten	40662
through fourth grade students.	40663

Of the foregoing appropriation item 200-566, OhioReads	40664
Grants, $5,000,000 each year shall be disbursed by the OhioReads	40665
Office in the Department of Education at the direction of the	40666
OhioReads Council to provide community matching grants to	40667
community organizations and associations, libraries, and others	40668
for tutoring, tutor recruitment and training, and parental	40669
involvement.	40670

Grants awarded by the OhioReads Council are intended to	40671
improve reading outcomes, especially on the fourth grade reading	40672
proficiency test.	40673

SCHOOL IMPROVEMENT INCENTIVE GRANTS

40674

Of the foregoing appropriation item 200-570, School	40675
Improvement Incentive Grants, up to $750,000 shall be used to	40676
provide grants of up to $50,000 each to educational best practices	40677
award winners selected for superior performance by BEST, Building	40678
Excellent Schools for Today and the 21st Century.	40679

Any grants awarded from the foregoing appropriation item	40680
200-570, School Improvement Incentive Grants, shall be awarded to	40681
individual school buildings, educational service centers, or joint	40682
vocational school districts, as appropriate. Grant awards shall	40683
be expended for staff development, classroom equipment, materials,	40684
and books. The principal or administrator of each grantee shall	40685
decide how best to use the grant award, with input from staff	40686
members, consistent with the budget and grant award for the grant.	40687

Of the foregoing appropriation item 200-570, School	40688
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40689
used to support the Bellefaire Jewish Children's Bureau.	40690

Of the foregoing appropriation item 200-570, School	40691
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40692
used to support the Cleveland School of Art.	40693

Of the foregoing appropriation item 200-570, School	40694
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40695
used to support the Tuscarawas County Educational Service Center.	40696

Of the foregoing appropriation item 200-570, School	40697
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40698
used to support LEAF.	40699

Of the foregoing appropriation item 200-570, School	40700
Improvement Incentive Grants, $50,000 in each fiscal year shall be	40701
used to support the Toledo Institute.	40702

SUBSTANCE ABUSE PREVENTION

40703

Of the foregoing appropriation item 200-574, Substance Abuse	40704
Prevention, up to $1,660,200 in each fiscal year shall be used for	40705
the Safe and Drug Free Schools Coordinators Program. Of the	40706
foregoing appropriation item 200-574, Substance Abuse Prevention,	40707
up to $288,000 in each fiscal year of the biennium shall be used	40708
for the Substance Abuse Prevention Student Assistance Program. The	40709
Department of Education and the Department of Alcohol and Drug	40710
Addiction Services shall jointly develop and approve a plan for	40711
the expenditure of these funds including, but not limited to, the	40712
development of position descriptions and training specifications	40713
for safe and drug free schools coordinators. Safe and drug free	40714
schools coordinators shall possess or be in the process of	40715
obtaining credentials issued by the Ohio Credentialing Board for	40716
Chemical Dependency Professionals or other credentials recognized	40717
by that board.	40718

AUXILIARY SERVICES MOBILE REPAIR

40719

Notwithstanding section 3317.064 of the Revised Code, if the	40720
unobligated cash balance is sufficient, the Treasurer of State	40721
shall transfer $1,500,000 in fiscal year 2002 within thirty days	40722
after the effective date of this section and $1,500,000 in fiscal	40723
year 2003 by August 1, 2002, from the Auxiliary Services Personnel	40724
Unemployment Compensation Fund to the Department of Education's	40725
Auxiliary Services Mobile Repair Fund (Fund 598).	40726

Section 44.20.  LOTTERY PROFITS EDUCATION FUND

40727

Appropriation item 200-612, Base Cost Funding (Fund 017),	40728
shall be used in conjunction with appropriation item 200-501, Base	40729
Cost Funding (GRF), to provide payments to school districts	40730
pursuant to Chapter 3317. of the Revised Code.	40731

Of the foregoing appropriation item 200-612, Base Cost	40732
Funding (Fund 017), $25,000,000 in each fiscal year shall be used	40733
from the funds transferred from the Unclaimed Prizes Trust Fund	40734
pursuant to the section entitled "Transfers from the Unclaimed	40735
Prizes Fund" of this act.	40736

The Department of Education, with the approval of the	40737
Director of Budget and Management, shall determine the monthly	40738
distribution schedules of appropriation item 200-501, Base Cost	40739
Funding (GRF), and appropriation item 200-612, Base Cost Funding	40740
(Fund 017). If adjustments to the monthly distribution schedule	40741
are necessary, the Department of Education shall make such	40742
adjustments with the approval of the Director of Budget and	40743
Management.	40744

The Director of Budget and Management shall transfer via	40745
intrastate transfer voucher the amount appropriated under the	40746
Lottery Profits Education Fund for appropriation item 200-682,	40747
Lease Rental Payment Reimbursement, to the General Revenue Fund on	40748
a schedule determined by the director. These funds shall support	40749
the appropriation item 230-428, Lease Rental Payments (GRF), of	40750
the School Facilities Commission.	40751

LOTTERY PROFITS TRANSFERS*

40752

On the fifteenth day of May of each fiscal year, the Director	40753
of Budget and Management shall determine if lottery profits	40754
transfers will meet the appropriation amounts from the Lottery	40755
Profits Education Fund.	40756

On or after the date specified in each fiscal year, if the	40757
director determines that lottery profits will not meet	40758
appropriations and if other funds are not available to meet the	40759
shortfall, the Superintendent of Public Instruction shall take the	40760
actions specified under the "Reallocation of Funds" section of	40761
this act.	40762

TRANSFERS FROM THE UNCLAIMED PRIZES FUND

40763

By the fifteenth day of January of fiscal year 2002 and	40764
fiscal year 2003, the Director of Budget and Management shall	40765
transfer $25,000,000 from the State Lottery Commission's Unclaimed	40766
Prizes Fund to the Lottery Profits Education Fund, to be used	40767
solely for purposes specified in the Department of Education's	40768
budget. Transfers of unclaimed prizes under this provision shall	40769
not count as lottery profits in the determination made concerning	40770
excess profits titled "Lottery Profits" under the Department of	40771
Education in this act.	40772

TEACHER CERTIFICATION AND LICENSURE

40773

The foregoing appropriation item 200-681, Teacher	40774
Certification and Licensure, shall be used by the Department of	40775
Education in each year of the biennium to administer teacher	40776
certification and licensure functions pursuant to sections	40777
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	40778
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	40779
3319.51 of the Revised Code.	40780

Section 44.21.  LOTTERY PROFITS

40781

(A) There is hereby created the Lottery Profits Education	40782
Reserve Fund (Fund 018) in the State Treasury. At no time shall	40783
the amount to the credit of the fund exceed $75,000,000.	40784
Investment earnings of the Lottery Profits Education Reserve Fund	40785
shall be credited to the fund. Notwithstanding any provisions of	40786
law to the contrary, for fiscal years 2002 and 2003, there is	40787
appropriated to the Department of Education, from the Lottery	40788
Profits Education Reserve Fund, an amount necessary to make loans	40789
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	40790
Revised Code. All loan repayments from loans made in fiscal years	40791
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	40792
deposited into the credit of the Lottery Profits Education Reserve	40793
Fund.	40794

(B)(1) On or before July 15, 2001, the Director of Budget	40795
and Management shall determine the amount by which lottery profit	40796
transfers received by the Lottery Profits Education Fund for	40797
fiscal year 2001 exceed $665,200,000. The amount so certified	40798
shall be distributed in fiscal year 2002 pursuant to divisions (C)	40799
and (D) of this section.	40800

(2) On or before July 15, 2002, the Director of Budget and	40801
Management shall determine the amount by which lottery profit	40802
transfers received by the Lottery Profits Education Fund for	40803
fiscal year 2002 exceed $608,722,100. The amount so determined	40804
shall be distributed in fiscal year 2003 pursuant to divisions (E)	40805
and (F) of this section.	40806

The Director of Budget and Management shall annually certify	40807
the amounts determined pursuant to this section to the Speaker of	40808
the House of Representatives and the President of the Senate.	40809

(C) Not later than June 15, 2002, the Department of	40810
Education, in consultation with the Director of Budget and	40811
Management, shall determine, based upon estimates, if a	40812
reallocation of funds as described in the section of this act	40813
titled "Reallocation of Funds" is required.	40814

If a reallocation of funds is required, then the	40815
Superintendent of Public Instruction shall request Controlling	40816
Board approval for a release of any balances in the Lottery	40817
Profits Education Fund available for the purpose of this division	40818
and pursuant to divisions (C)(1) and (2) of the section of this	40819
act titled "Reallocation of Funds." Any moneys so released are	40820
appropriated.	40821

(D) In fiscal year 2002, if the Department of Education does	40822
not determine that a reallocation of funds is necessary by the	40823
fifteenth day of June, as provided in division (C) of this	40824
section, or if there is a balance in the Lottery Profits Education	40825
Fund after the release of any amount needed to preclude a	40826
reallocation of funds as provided in division (C) of this section,	40827
the moneys in the Lottery Profits Education Fund shall be	40828
allocated as provided in this division. Any amounts so allocated	40829
are appropriated.	40830

An amount equal to five per cent of the estimated lottery	40831
profits of $665,200,000 in fiscal year 2001 or the amount	40832
remaining in the fund, whichever is the lesser amount, shall be	40833
transferred to the Lottery Profits Education Reserve Fund within	40834
the limitations specified in division (A) of this section and be	40835
reserved and shall not be available for allocation or distribution	40836
during fiscal year 2002. Any amounts exceeding $75,000,000 shall	40837
be distributed pursuant to division (G) of this section.	40838

(E) Not later than June 15, 2003, the Department of	40839
Education, in consultation with the Director of Budget and	40840
Management, shall determine, based upon estimates, if a	40841
reallocation of funds as described in the section of this act	40842
titled "Reallocation of Funds" is required.	40843

If a reallocation of funds is required, then the	40844
Superintendent of Public Instruction shall request Controlling	40845
Board approval for a release of any balances in the Lottery	40846
Profits Education Fund available for the purpose of this division	40847
and pursuant to divisions (C)(1) and (2) of the section of this	40848
act titled "Reallocation of Funds." Any moneys so released are	40849
appropriated.	40850

(F) In fiscal year 2003, if the Department of Education does	40851
not determine that a reallocation of funds is necessary by the	40852
fifteenth day of June, as provided in division (E) of this	40853
section, or if there is a balance in the Lottery Profits Education	40854
Fund after the release of any amount needed to preclude a	40855
reallocation of funds as provided in division (E) of this section,	40856
the moneys in the Lottery Profits Education Fund shall be	40857
allocated as provided in this division. Any amounts so allocated	40858
are appropriated.	40859

An amount equal to five per cent of the estimated lottery	40860
profits transfers of $608,722,100 in fiscal year 2002 or the	40861
amount remaining in the fund, whichever is the lesser amount,	40862
shall be transferred to the Lottery Profits Education Reserve Fund	40863
within the limitations specified in division (A) of this section	40864
and be reserved and shall not be available for allocation or	40865
distribution during fiscal year 2003. Any amounts exceeding	40866
$75,000,000 shall be distributed pursuant to division (G) of this	40867
section.	40868

(G) In the appropriate fiscal year, any remaining amounts	40869
after the operations required by division (D) or (F) of this	40870
section, respectively, shall be transferred to the Public School	40871
Building Fund (Fund 021) and such amount is appropriated to	40872
appropriation item CAP-622, Public School Buildings, in the School	40873
Facilities Commission.	40874

Section 44.22. PROPERTY TAX ALLOCATION	40875

The Superintendent of Public Instruction shall not request,	40876
and the Controlling Board shall not approve, the transfer of funds	40877
from appropriation item 200-901, Property Tax	40878
Allocation-Education, to any other appropriation item.	40879

SCHOOL DISTRICT SOLVENCY ASSISTANCE

40880

Of the foregoing appropriation item 200-687, School District	40881
Solvency Assistance, $12,000,000 in each fiscal year shall be	40882
allocated to the School District Shared Resource Account and	40883
$12,000,000 in each fiscal year shall be allocated to the	40884
Catastrophic Expenditures Account. These funds shall be used to	40885
provide assistance and grants to school districts to enable them	40886
to remain solvent pursuant to section 3316.20 of the Revised Code.	40887
Assistance and grants shall be subject to approval by the	40888
Controlling Board. Any required reimbursements from school	40889
districts for solvency assistance shall be made to the appropriate	40890
account in the School District Solvency Assistance Fund.	40891

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

40892

The foregoing appropriation item 200-900, School District	40893
Property Tax Replacement, shall be used by the Department of	40894
Education, in consultation with the Department of Taxation, to	40895
make payments to school districts and joint vocational school	40896
districts pursuant to section 5727.85 of the Revised Code.	40897

Section 44.23.  PROPERTY TAX ALLOCATION - EDUCATION

40898

The appropriation item 200-901, Property Tax Allocation -	40899
Education, is appropriated to pay for the state's costs incurred	40900
due to the homestead exemption and the property tax rollback. In	40901
cooperation with the Department of Taxation, the Department of	40902
Education shall distribute these funds directly to the appropriate	40903
school districts of the state, notwithstanding sections 321.24 and	40904
323.156 of the Revised Code, which provide for payment of the	40905
homestead exemption and property tax rollback by the Tax	40906
Commissioner to the appropriate county treasurer and the	40907
subsequent redistribution of these funds to the appropriate local	40908
taxing districts by the county auditor.	40909

Appropriation item 200-906, Tangible Tax Exemption -	40910
Education is appropriated to pay for the state's costs incurred	40911
due to the tangible personal property tax exemption required by	40912
division (C)(3) of section 5709.01 of the Revised Code. In	40913
cooperation with the Department of Taxation, the Department of	40914
Education shall distribute to each county treasurer the total	40915
amount certified by the county treasurer pursuant to section	40916
319.311 of the Revised Code, for all school districts located in	40917
the county, notwithstanding the provision in section 319.311 of	40918
the Revised Code which provides for payment of the $10,000	40919
tangible personal property tax exemption by the Tax Commissioner	40920
to the appropriate county treasurer for all local taxing districts	40921
located in the county. Pursuant to division (G) of section 321.24	40922
of the Revised Code, the county auditor shall distribute the	40923
amount paid by the Department of Education among the appropriate	40924
school districts.	40925

Upon receipt of these amounts, each school district shall	40926
distribute the amount among the proper funds as if it had been	40927
paid as real or tangible personal property taxes. Payments for	40928
the costs of administration shall continue to be paid to the	40929
county treasurer and county auditor as provided for in sections	40930
319.54, 321.26, and 323.156 of the Revised Code.	40931

Any sums, in addition to the amounts specifically	40932
appropriated in appropriation items 200-901, Property Tax	40933
Allocation - Education, for the homestead exemption and the	40934
property tax rollback payments, and 200-906, Tangible Tax	40935
Exemption - Education, for the $10,000 tangible personal property	40936
tax exemption payments, which are determined to be necessary for	40937
these purposes, are appropriated.	40938

Section 44.24.  DISTRIBUTION FORMULAS*

40939

The Department of Education shall report the following to the	40940
Director of Budget and Management, the Legislative Office of	40941
Education Oversight, and the Legislative Service Commission:	40942

(A) Changes in formulas for distributing state	40943
appropriations, including administratively defined formula	40944
factors;	40945

(B) Discretionary changes in formulas for distributing	40946
federal appropriations;	40947

(C) Federally mandated changes in formulas for distributing	40948
federal appropriations.	40949

Any such changes shall be reported two weeks prior to the	40950
effective date of the change.	40951

Section 44.25.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	40952
PAYMENTS	40953

This section shall not take effect unless the Director of	40954
Budget and Management adopts an order putting it into effect and	40955
certifies a copy of the order to the Superintendent of Public	40956
Instruction and the Controlling Board.	40957

Notwithstanding any other provision of the Revised Code, the	40958
monthly distribution of payments made to school districts and	40959
educational service centers pursuant to section 3317.01 of the	40960
Revised Code for the first six months of each fiscal year shall	40961
equal, as nearly as possible, six and two-thirds per cent of the	40962
estimate of the amounts payable for each fiscal year. The monthly	40963
distribution of payments for the last six months of each fiscal	40964
year shall equal, as nearly as possible, ten per cent of the final	40965
calculation of the amounts payable to each school district for	40966
that fiscal year.	40967

The treasurer of each school district or educational service	40968
center may accrue, in addition to the payments defined in this	40969
section, to the accounts of the calendar years that end during	40970
each fiscal year, the difference between the sum of the first six	40971
months' payments in each fiscal year and the amounts the district	40972
would have received had the payments been made in, as nearly as	40973
possible in each fiscal year, twelve equal monthly payments.	40974

Notwithstanding the limitations on the amount of borrowing	40975
and time of payment provided for in section 133.10 of the Revised	40976
Code but subject to sections 133.26 and 133.30 of the Revised	40977
Code, a board of education of a school district may at any time	40978
between July 1, 2001, and December 31, 2001, or at any time	40979
between July 1, 2002, and December 31, 2002, borrow money to pay	40980
any necessary and actual expenses of the school district during	40981
the last six months of calendar years 2001 and 2002 and in	40982
anticipation of the receipt of any portion of the payments to be	40983
received by that district in the first six months of calendar	40984
years 2002 and 2003 representing the respective amounts accrued	40985
pursuant to the preceding paragraph, and issue notes to evidence	40986
that borrowing to mature no later than the thirtieth day of June	40987
of the calendar year following the calendar year in which such	40988
amount was borrowed. The principal amount borrowed in the last	40989
six months of calendar years 2001 or 2002 under this paragraph may	40990
not exceed the entire amount accrued or to be accrued by the	40991
district treasurer in those calendar years pursuant to the	40992
preceding paragraph. The proceeds of the notes shall be used only	40993
for the purposes for which the anticipated receipts are lawfully	40994
appropriated by the board of education. No board of education	40995
shall be required to use the authority granted by this paragraph.	40996
The receipts so anticipated, and additional amounts from	40997
distributions to the districts in the first six months of calendar	40998
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code	40999
needed to pay the interest on the notes, shall be deemed	41000
appropriated by the board of education to the extent necessary for	41001
the payment of the principal of and interest on the notes at	41002
maturity, and the amounts necessary to make those monthly	41003
distributions are appropriated from the General Revenue Fund. For	41004
the purpose of better ensuring the prompt payment of principal of	41005
and interest on the notes when due, the resolution of the board of	41006
education authorizing the notes may direct that the amount of the	41007
receipts anticipated, together with those additional amounts	41008
needed to pay the interest on the borrowed amounts, shall be	41009
deposited and segregated, in trust or otherwise, to the extent, at	41010
the time or times, and in the manner provided in that resolution.	41011
The borrowing authorized by this section does not constitute debt	41012
for purposes of section 133.04 of the Revised Code. School	41013
districts shall be reimbursed by the state for all necessary and	41014
actual costs to districts arising from this provision, including,	41015
without limitation, the interest paid on the notes while the notes	41016
are outstanding. The Department of Education shall adopt rules	41017
that are not inconsistent with this section for school district	41018
eligibility and application for reimbursement of such costs.	41019
Payments of these costs shall be made out of any anticipated	41020
balances in appropriation items distributed under Chapter 3317. of	41021
the Revised Code. The department shall submit all requests for	41022
reimbursement under these provisions to the Controlling Board for	41023
approval.	41024

During the last six months of each calendar year, instead of	41025
deducting the amount the Superintendent of Public Instruction	41026
would otherwise deduct from a school district's or educational	41027
service center's state aid payments in accordance with the	41028
certifications made for such year pursuant to sections 3307.56 and	41029
3309.51 of the Revised Code, the superintendent shall deduct an	41030
amount equal to forty per cent of the amount so certified. The	41031
secretaries of the retirement systems shall compute the	41032
certifications for the ensuing year under such sections as if the	41033
entire amounts certified as due in the calendar year ending the	41034
current fiscal year, but not deducted pursuant to this paragraph,	41035
had been deducted and paid in that calendar year. During the	41036
first six months of the ensuing calendar year, in addition to	41037
deducting the amounts the Superintendent of Public Instruction is	41038
required to deduct under such sections during such period, the	41039
superintendent shall deduct from a district's or educational	41040
service center's state aid payments an additional amount equal to	41041
the amount that was certified as due from the district for the	41042
calendar year that ends during the fiscal year, but that was not	41043
deducted because of this paragraph. The superintendent's	41044
certifications to the Director of Budget and Management during the	41045
first six months of the calendar year shall reflect such	41046
additional deduction.	41047

Section 44.26.  REALLOCATION OF FUNDS

41048

(A) As used in this section:

41049

(1) "Basic aid" means the amount calculated for the school	41050
district received for the fiscal year under divisions (A) and (C)	41051
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,	41052
3317.0212, and 3317.0213 of the Revised Code and the amount	41053
computed for a joint vocational school district under section	41054
3317.16 of the Revised Code.	41055

(2) "Nonbasic aid" means the amount computed for a school	41056
district for fiscal year 2002 or fiscal year 2003 under Chapter	41057
3317. of the Revised Code and this act, excluding the district's	41058
basic aid and the amount computed under such chapter and acts for	41059
educational service centers, MR/DD boards, and institutions.	41060

(B) If in either fiscal year of the biennium the Governor	41061
issues an order under section 126.05 of the Revised Code to reduce	41062
expenditures and incurred obligations and the order requires the	41063
superintendent to reduce such state education payments, or if	41064
lottery profits transfers are insufficient to meet the amounts	41065
appropriated from the Lottery Profits Education Fund for base cost	41066
funding, and if other funds are not sufficient to offset the	41067
shortfall, the superintendent shall reduce nonbasic aid payments	41068
so that the total amount expended in the fiscal year will not	41069
exceed the amount available for expenditure pursuant to the	41070
Governor's order. Subject to Controlling Board approval, the	41071
superintendent shall reallocate appropriations not yet expended	41072
from one program to another.	41073

(C)(1) If further reductions in nonbasic aid are necessary	41074
following the reallocations implemented pursuant to division (B)	41075
of this section, the superintendent shall request the Controlling	41076
Board to approve the use of the money appropriated by this	41077
division. The superintendent shall include with the	41078
superintendent's request a report listing the amount of reductions	41079
that each school district will receive if the request is not	41080
approved, and also the amount of the reduction, if any, that will	41081
still be required if the use of the money appropriated by this	41082
section is approved.	41083

(2) In accordance with division (C)(1) of this section,	41084
there is appropriated to the Department of Education from the	41085
unobligated balance remaining in the Lottery Profits Education	41086
Fund at the end of fiscal year 2001 the lesser of: the	41087
unobligated balance in the fund, or the amount needed to preclude	41088
a reallocation pursuant to this section. The money appropriated	41089
by this division may be spent or distributed by the department	41090
only with the approval of the Controlling Board.	41091

(D) If reductions in nonbasic aid are still necessary	41092
following the actions taken pursuant to divisions (B) and (C) of	41093
this section, the superintendent shall determine by what	41094
percentage expenditures for nonbasic aid must be reduced for the	41095
remainder of the fiscal year to make the total amount distributed	41096
for the year equal the amount appropriated or available for	41097
distribution. The superintendent shall reduce by that percentage	41098
the amount to be paid in nonbasic aid to each city, exempted	41099
village, local, and joint vocational school district, to each	41100
educational service center, to each county board of mental	41101
retardation and developmental disabilities, and to each	41102
institution providing special education programs under section	41103
3323.091 of the Revised Code for the remainder of the fiscal year.	41104

Section 44.27.  EDUCATIONAL SERVICE CENTERS FUNDING

41105

Notwithstanding division (B) of section 3317.11 of the	41106
Revised Code, no funds shall be provided to an educational service	41107
center in either fiscal year for any pupils of a city or exempted	41108
village school district unless an agreement to provide services	41109
under section 3313.843 of the Revised Code was entered into by	41110
January 1, 1997, except that funds shall be provided to an	41111
educational service center for any pupils of a city school	41112
district if the agreement to provide services was entered into	41113
within one year of the date upon which such district changed from	41114
a local school district to a city school district. If	41115
insufficient funds are appropriated in fiscal year 2002 or fiscal	41116
year 2003 for the purposes of division (B) of section 3317.11 of	41117
the Revised Code, the department shall first distribute to each	41118
educational service center $37 per pupil in its service center	41119
ADM, as defined in that section. The remaining funds in each	41120
fiscal year shall be distributed proportionally, on a per-student	41121
basis, to each educational service center for its client ADM, as	41122
defined in that section, that is attributable to each city and	41123
exempted village school district that had entered into an	41124
agreement with an educational service center for that fiscal year	41125
under section 3313.843 of the Revised Code by January 1, 1997.	41126

Section 44.28. * For the school year commencing July 1,	41127
2001, or the school year commencing July 1, 2002, or both, the	41128
Superintendent of Public Instruction may waive for the board of	41129
education of any school district the ratio of teachers to pupils	41130
in kindergarten through fourth grade required under paragraph	41131
(A)(3) of rule 3301-35-03 of the Administrative Code if the	41132
following conditions apply:	41133

(A) The board of education requests the waiver.

41134

(B) After the Department of Education conducts an on-site	41135
evaluation of the district related to meeting the required ratio,	41136
the board of education demonstrates to the satisfaction of the	41137
Superintendent of Public Instruction that providing the facilities	41138
necessary to meet the required ratio during the district's regular	41139
school hours with pupils in attendance would impose an extreme	41140
hardship on the district.	41141

(C) The board of education provides assurances that are	41142
satisfactory to the Superintendent of Public Instruction that the	41143
board will act in good faith to meet the required ratio as soon as	41144
possible.	41145

Section 44.29.  PRIVATE TREATMENT FACILITY PILOT PROJECT

41146

(A) As used in this section:

41147

(1) The following are "participating residential treatment	41148
centers":	41149

(a) Private residential treatment facilities that have	41150
entered into a contract with the Department of Youth Services to	41151
provide services to children placed at the facility by the	41152
department and which, in fiscal year 2002 or 2003 or both, the	41153
department pays through appropriation item 470-401, Care and	41154
Custody;	41155

(b) Abraxas, in Shelby;

41156

(c) Paint Creek, in Bainbridge;

41157

(d) Act One, in Akron;

41158

(e) Friars Club, in Cincinnati.

41159

(2) "Education program" means an elementary or secondary	41160
education program or a special education program and related	41161
services.	41162

(3) "Served child" means any child receiving an education	41163
program pursuant to division (B) of this section.	41164

(4) "School district responsible for tuition" means a city,	41165
exempted village, or local school district that, if tuition	41166
payment for a child by a school district is required under law	41167
that existed in fiscal year 1998, is the school district required	41168
to pay that tuition.	41169

(5) "Residential child" means a child who resides in a	41170
participating residential treatment center and who is receiving an	41171
educational program under division (B) of this section.	41172

(B) A youth who is a resident of the state and has been	41173
assigned by a juvenile court or other authorized agency to a	41174
residential treatment facility specified in division (A) of this	41175
section shall be enrolled in an approved educational program	41176
located in or near the facility. Approval of the educational	41177
program shall be contingent upon compliance with the criteria	41178
established for such programs by the Department of Education. The	41179
educational program shall be provided by a school district or	41180
educational service center, or by the residential facility itself.	41181
Maximum flexibility shall be given to the residential treatment	41182
facility to determine the provider. In the event that a voluntary	41183
agreement cannot be reached and the residential facility does not	41184
choose to provide the educational program, the educational service	41185
center in the county in which the facility is located shall	41186
provide the educational program at the treatment center to	41187
children under twenty-two years of age residing in the treatment	41188
center.	41189

(C) Any school district responsible for tuition for a	41190
residential child shall, notwithstanding any conflicting provision	41191
of the Revised Code regarding tuition payment, pay tuition for the	41192
child for fiscal years 2002 and 2003 to the education program	41193
provider and in the amount specified in this division. If there	41194
is no school district responsible for tuition for a residential	41195
child and if the participating residential treatment center to	41196
which the child is assigned is located in the city, exempted	41197
village, or local school district that, if the child were not a	41198
resident of that treatment center, would be the school district	41199
where the child is entitled to attend school under sections	41200
3313.64 and 3313.65 of the Revised Code, that school district	41201
shall, notwithstanding any conflicting provision of the Revised	41202
Code, pay tuition for the child for fiscal years 2002 and 2003	41203
under this division unless that school district is providing the	41204
educational program to the child under division (B) of this	41205
section.	41206

A tuition payment under this division shall be made to the	41207
school district, educational service center, or residential	41208
treatment facility providing the educational program to the child.	41209

The amount of tuition paid shall be:

41210

(1) The amount of tuition determined for the district under	41211
division (A) of section 3317.08 of the Revised Code;	41212

(2) In addition, for any student receiving special education	41213
pursuant to an individualized education program as defined in	41214
section 3323.01 of the Revised Code, a payment for excess costs.	41215
This payment shall equal the actual cost to the school district,	41216
educational service center, or residential treatment facility of	41217
providing special education and related services to the student	41218
pursuant to the student's individualized education program, minus	41219
the tuition paid for the child under division (C)(1) of this	41220
section.	41221

A school district paying tuition under this division shall	41222
not include the child for whom tuition is paid in the district's	41223
average daily membership certified under division (A) of section	41224
3317.03 of the Revised Code.	41225

(D) In each of fiscal years 2002 and 2003, the Department of	41226
Education shall reimburse, from appropriations made for the	41227
purpose, a school district, educational service center, or	41228
residential treatment facility, whichever is providing the	41229
service, that has demonstrated that it is in compliance with the	41230
funding criteria for each served child for whom a school district	41231
must pay tuition under division (C) of this section. The amount	41232
of the reimbursement in either fiscal year shall be the formula	41233
amount specified in section 3317.022 of the Revised Code, except	41234
that the department shall proportionately reduce this	41235
reimbursement if sufficient funds are not available to pay this	41236
amount to all qualified providers.	41237

(E) Funds provided to a school district, educational service	41238
center, or residential treatment facility under this section shall	41239
be used to supplement, not supplant, funds from other public	41240
sources for which the school district, service center, or	41241
residential treatment facility is entitled or eligible.	41242

(F) The Department of Education shall track the utilization	41243
of funds provided to school districts, educational service	41244
centers, and residential treatment facilities under this section	41245
and monitor the effect of the funding on the educational programs	41246
they provide in participating residential treatment facilities.	41247
The department shall monitor the programs for educational	41248
accountability.	41249

Section 44.30.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	41250
ASSESSMENT OF EDUCATION PROGRESS	41251

The General Assembly intends for the Superintendent of Public	41252
Instruction to provide for school district participation in the	41253
administration of the National Assessment of Education Progress in	41254
fiscal years 2002 and 2003 in accordance with section 3301.27 of	41255
the Revised Code.	41256

Section 44.31.  Notwithstanding Chapter 3318. of the Revised	41257
Code, for purposes of complying with the local share and repayment	41258
tax requirements of section 3318.05 of the Revised Code, any	41259
school district given conditional approval for classroom	41260
facilities assistance under section 3318.04 of the Revised Code as	41261
of January 1, 1993, that approved a replacement permanent	41262
improvement levy at the November 5, 1996, election shall be	41263
permitted to use the proceeds of such levy, and any notes issued	41264
or to be issued in anticipation thereof, as available funds,	41265
within the meaning specified under section 3318.03 of the Revised	41266
Code, to pay the local share of the cost of the approved classroom	41267
facilities project. Notwithstanding the local share as previously	41268
determined for purposes of the conditional approval of the	41269
project, the local share shall be equal to the amount of proceeds	41270
to be obtained by the district under such replacement permanent	41271
improvement levy. Such school districts shall not be required to	41272
obtain approval of either of the propositions described in	41273
division (A) or (B) of section 3318.051 of the Revised Code. The	41274
agreement required under section 3318.08 of the Revised Code for	41275
the construction and sale of the project shall include provisions	41276
for the transfer of the proceeds of the replacement permanent	41277
improvement levy, and any notes issued in anticipation thereof, to	41278
the school district's project construction account, and for the	41279
levy of the replacement permanent improvement levy.	41280

Section 44.32.  The Superintendent of Public Instruction	41281
shall contract with an independent research entity to evaluate the	41282
pilot project approved pursuant to section 3313.975 of the Revised	41283
Code. The evaluation shall study the impact of scholarships on	41284
student attendance, conduct, commitment to education, and	41285
standardized test scores; parental involvement; the school	41286
district's ability to provide services to district students; and	41287
the availability of alternative educational opportunities. The	41288
evaluation shall also study the economic impact of scholarships on	41289
the school district.	41290

Section 44.33.  Notwithstanding division (C)(1) of section	41291
3313.975 of the Revised Code, in addition to students in	41292
kindergarten through third grade, initial scholarships may be	41293
awarded to fourth, fifth, sixth, seventh, and eighth grade	41294
students in fiscal year 2002 and in fiscal year 2003.	41295

Section 44.34.  (A) As used in this section, "pilot project	41296
area" means the school districts included in the territory of the	41297
former community school pilot project established by former	41298
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.	41299

(B) Any teacher or nonteaching employee of a school district	41300
in the pilot project area who, on the effective date of this	41301
section, is taking a leave of absence from the district pursuant	41302
to a policy adopted under former Section 50.52.13 of that act to	41303
work at a community school established under the pilot project and	41304
located in another school district may continue the leave under	41305
the terms of that policy and former section. Upon termination of	41306
the leave, the district shall return the teacher or nonteaching	41307
employee to a position, salary, and level of seniority as required	41308
by that former section.	41309

Section 44.35. As required by Section 50.52.2 of Am. Sub.	41310
H.B. 215 of the 122nd General Assembly, as subsequently amended,	41311
the Legislative Office of Education Oversight shall complete, by	41312
June 1, 2003, its final report on community schools with	41313
recommendations as to the future of community schools in Ohio.	41314
Copies of the report shall be delivered to the President of the	41315
Senate and the Speaker of the House of Representatives.	41316

Section 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	41317

NETWORK COMMISSION

41318

General Revenue Fund

41319

General Services Fund Group

41326

STATEHOUSE NEWS BUREAU

41331

The foregoing appropriation item 374-401, Statehouse News	41332
Bureau, shall be used solely to support the operations of the Ohio	41333
Statehouse News Bureau.	41334

TELECOMMUNICATIONS OPERATING SUBSIDY

41335

The foregoing appropriation item 374-404, Telecommunications	41336
Operating Subsidy, shall be distributed by the Ohio Educational	41337
Telecommunications Network Commission to Ohio's qualified public	41338
educational television stations, radio reading services, and	41339
educational radio stations to support their operations. The funds	41340
shall be distributed pursuant to an allocation developed by the	41341
Ohio Educational Telecommunications Network Commission.	41342

Section 46.  ELC OHIO ELECTIONS COMMISSION	41343

General Revenue Fund

41344

State Special Revenue Fund Group

41347

Section 47.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	41354

DIRECTORS

41355

General Services Fund Group

41356

Section 48.  ERB STATE EMPLOYMENT RELATIONS BOARD	41362

General Revenue Fund

41363

General Services Fund Group

41366

Section 49.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS	41372

General Services Fund Group

41373

Section 50.  EPA ENVIRONMENTAL PROTECTION AGENCY	41378

General Revenue Fund

41379

General Services Fund Group

41390

Federal Special Revenue Fund Group

41396

State Special Revenue Fund Group

41416

Section 50.01. AREAWIDE PLANNING AGENCIES

41449

Of the foregoing appropriation item 717-321, Surface Water,	41450
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003	41451
shall be divided evenly between the following six areawide	41452
planning agencies for the purpose of regional water management	41453
planning: Eastgate Regional Council of Governments, Miami Valley	41454
Regional Planning Commission, Northeast Ohio Four County Regional	41455
Planning and Development Organization, Northeast Ohio Areawide	41456
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of	41457
Governments, and Toledo Metropolitan Area Council of Governments.	41458

BETHEL LOCAL SCHOOL DISTRICT

41459

Of the foregoing appropriation item 721-321, Drinking Water,	41460
$65,000 in fiscal year 2002 and $65,000 in fiscal year 2003 shall	41461
be used for the Bethel Local School District in Miami County. The	41462
moneys shall be used to purchase water for the school and four	41463
adjacent households, for expenses incurred by Bethel Local School	41464
District for well-monitoring activities and water-system	41465
conversions, and for expenses incurred by the Ohio Environmental	41466
Protection Agency as the Agency continues to monitor activities	41467
associated with the Bethel Local School District water supply.	41468

CENTRAL SUPPORT INDIRECT	41469

Notwithstanding any other provision of law to the contrary,	41470
the Director of Environmental Protection, with the approval of the	41471
Director of Budget and Management, shall utilize a methodology for	41472
determining each division's payments into the Central Support	41473
Indirect Fund (Fund 219). The methodology used shall contain the	41474
characteristics of administrative ease and uniform application.	41475
Payments to the Central Support Indirect Fund (Fund 219) shall be	41476
made using an intrastate transfer voucher.	41477

Not later than November 30, 2001, the Director of	41478
Environmental Protection shall certify to the Director of Budget	41479
and Management the cash balances in Fund 356, Indirect Costs, and	41480
Fund 4C3, Central Support Indirect, and may request the Director	41481
of Budget and Management to transfer up to the certified amounts	41482
into Fund 219, Central Support Indirect. The amount transferred	41483
is hereby appropriated.	41484

SOLID WASTE FUND TRANSFER

41485

Not later than March 1, 2002, the Director of Environmental	41486
Protection shall certify to the Director of Budget and Management	41487
the amount expended from Fund 4K3, Solid Waste, during fiscal	41488
years 2000 and 2001 for emergency expenses incurred as a result of	41489
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	41490
the Director of Environmental Protection shall request the	41491
Director of Budget and Management to transfer up to one-half of	41492
the certified amount during fiscal year 2002 and the balance of	41493
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	41494
Tire Management, to Fund 4K3, Solid Waste. The amounts	41495
transferred are hereby appropriated.	41496

Moneys transferred from Fund 4R5, Scrap Tire Management, to	41497
Fund 4K3, Solid Waste, shall not consist of any moneys generated	41498
under division (A)(2) of section 3734.901 of the Revised Code as	41499
amended by this act.	41500

KIRBY TIRE SITE

41501

Of the moneys collected under division (A)(2) of section	41502
3734.901 of the Revised Code as amended by this act and deposited	41503
into the Scrap Tire Management Fund, at least eighty per cent	41504
shall be expended for cleanup and removal activities at the Kirby	41505
Tire site in Wyandot County during fiscal years 2002 and 2003.	41506

Section 50.02. There is hereby created the E-Check New Car	41507
Exemption Working Group consisting of a representative of the	41508
Governor's office appointed by the Governor, the Director of	41509
Environmental Protection or the Director's designee, a member of	41510
the House of Representatives appointed by the Speaker of the House	41511
of Representatives, and a member of the Senate appointed by the	41512
President of the Senate. The member from the House of	41513
Representatives and the member from the Senate shall be from	41514
different political parties. Appointments shall be made not later	41515
than five days after the effective date of this section. The	41516
Working Group shall begin meeting not later then two weeks after	41517
the effective date of this section.	41518

The Working Group shall enter into communications with the	41519
contractor hired under section 3704.14 of the Revised Code to	41520
conduct emissions inspections under the motor vehicle inspection	41521
and maintenance program in order to determine all implementing	41522
costs and contract-related costs associated with expanding the	41523
current new car exemption under that program from two years to	41524
five years through a three-year phase-in process. The Working	41525
Group shall issue a report of its findings to the Speaker of the	41526
House of Representatives and the President of the Senate not later	41527
than four weeks after the effective date of this section. Upon	41528
submittal of its report, the Working Group shall cease to exist.	41529

Section 51.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION	41530

General Revenue Fund

41531

Section 52.  ETH OHIO ETHICS COMMISSION	41536

General Revenue Fund

41537

General Services Fund Group

41540

FEE REVENUE TRANSFER

41545

If the fee revenue that is raised and deposited into Fund 4M6	41546
146-601, Operating Expenses, exceeds the amount appropriated each	41547
fiscal year, the extra fee revenue shall be hereby appropriated	41548
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce	41549
the GRF appropriation item 146-321, Operating Expenses, in an	41550
amount equal to the amount of the extra fee revenue generated each	41551
fiscal year.	41552

Section 53.  EXP OHIO EXPOSITIONS COMMISSION	41553

General Revenue Fund

41554

State Special Revenue Fund Group

41557

STATE FAIR RESERVE

41564

The foregoing appropriation item 723-603, State Fair Reserve,	41565
shall serve as a budget reserve fund for the Ohio Expositions	41566
Commission in the event of a significant decline in attendance due	41567
to inclement weather or extraordinary circumstances during the	41568
Ohio State Fair and resulting in a loss of revenue. The State	41569
Fair Reserve may be used by the Ohio Expositions Commission to pay	41570
bills resulting from the Ohio State Fair only if all the following	41571
criteria are met:	41572

(A) Admission revenues for the 2001 Ohio State Fair are less	41573
than $2,920,000 or admission revenues for the 2002 Ohio State Fair	41574
are less than $3,010,000 due to inclement weather or extraordinary	41575
circumstances. These amounts are ninety per cent of the projected	41576
admission revenues for each year.	41577

(B) The Ohio Expositions Commission declares a state of	41578
fiscal exigency and requests release of funds by the Director of	41579
Budget and Management.	41580

(C) The Director of Budget and Management releases the	41581
funds. The Director of Budget and Management may approve or	41582
disapprove the request for release of funds, may increase or	41583
decrease the amount of release, and may place such conditions as	41584
the director deems necessary on the use of the released funds. The	41585
Director of Budget and Management may transfer appropriation	41586
authority from fiscal year 2002 to fiscal year 2003 as needed.	41587

In the event that the Ohio Expositions Commission faces a	41588
temporary cash shortage that will preclude them from meeting	41589
current obligations, the Commission may request the Director of	41590
Budget and Management to approve use of the State Fair Reserve to	41591
meet those obligations. The request shall include a plan	41592
describing how the Commission will eliminate the cash shortage. If	41593
the Director of Budget and Management approves the expenditures,	41594
the Commission shall reimburse Fund 640 by the thirtieth day of	41595
June of that same fiscal year through an intrastate transfer	41596
voucher. The amount reimbursed is appropriated.	41597

Section 54.  GOV OFFICE OF THE GOVERNOR	41598

General Revenue Fund

41599

General Services Fund Group

41604

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

41609

The Governor may expend a portion of the foregoing	41610
appropriation item 040-321, Operating Expenses, to hire or appoint	41611
legal counsel to be used in proceedings involving the Governor in	41612
the Governor's official capacity or the Governor's office only,	41613
without the approval of the Attorney General, notwithstanding	41614
sections 109.02 and 109.07 of the Revised Code.	41615

Section 55.  DOH DEPARTMENT OF HEALTH

41616

General Revenue Fund

41617

General Services Fund Group

41639

Federal Special Revenue Fund Group

41648

State Special Revenue Fund Group

41656

Holding Account Redistribution Fund Group

41676

Section 55.01. HEMOPHILIA SERVICES

41683

Of the foregoing appropriation item 440-406, Hemophilia	41684
Services, $205,000 in each fiscal year shall be used to implement	41685
the Hemophilia Insurance Pilot Project.	41686

Of the foregoing appropriation item 440-406, Hemophilia	41687
Services, up to $245,000 in each fiscal year shall be used by the	41688
Department of Health to provide grants to the nine hemophilia	41689
treatment centers to provide prevention services for persons with	41690
hemophilia and their family members affected by AIDS and other	41691
bloodborne pathogens.	41692

CANCER REGISTRY SYSTEM

41693

Of the foregoing appropriation item 440-412, Cancer Incidence	41694
Surveillance System, $50,000 in each fiscal year shall be provided	41695
to the Northern Ohio Cancer Resource Center.	41696

The remaining moneys in appropriation item 440-412, Cancer	41697
Incidence Surveillance System, shall be used to maintain and	41698
operate the Ohio Cancer Incidence Surveillance System pursuant to	41699
sections 3701.261 to 3701.263 of the Revised Code.	41700

No later than March 1, 2002, the Ohio Cancer Incidence	41701
Surveillance Advisory Board shall report to the General Assembly	41702
on the effectiveness of the cancer incidence surveillance system	41703
and the partnership between the Department of Health and the	41704
Arthur G. James Cancer Hospital and Richard J. Solove Research	41705
Institute of The Ohio State University.	41706

CHILD AND FAMILY HEALTH SERVICES

41707

Of the foregoing appropriation item 440-416, Child and Family	41708
Health Services, $1,700,000 in each fiscal year shall be used for	41709
family planning services. None of the funds received through	41710
these family planning grants shall be used to provide abortion	41711
services. None of the funds received through these family	41712
planning grants shall be used for counseling for or referrals for	41713
abortion, except in the case of a medical emergency. These funds	41714
shall be distributed on the basis of the relative need in the	41715
community served by the Director of Health to family planning	41716
programs, which shall include family planning programs funded	41717
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	41718
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	41719
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	41720
as well as to other family planning programs that the Department	41721
of Health also determines will provide services that are	41722
physically and financially separate from abortion-providing and	41723
abortion-promoting activities, and that do not include counseling	41724
for or referrals for abortion, other than in the case of medical	41725
emergency, with state moneys, but that otherwise substantially	41726
comply with the quality standards for such programs under Title V	41727
and Title X.	41728

The Director of Health, by rule, shall provide reasonable	41729
methods by which a grantee wishing to be eligible for federal	41730
funding may comply with these requirements for state funding	41731
without losing its eligibility for federal funding, while ensuring	41732
that a family planning program receiving a family planning grant	41733
must be organized so that it is physically and financially	41734
separate from the provision of abortion services and from	41735
activities promoting abortion as a method of family planning.	41736

Of the foregoing appropriation item 440-416, Child and Family	41737
Health Services, $150,000 in each fiscal year shall be used to	41738
provide malpractice insurance for physicians and other health	41739
professionals providing prenatal services in programs funded by	41740
the Department of Health.	41741

Of the foregoing appropriation item 440-416, Child and Family	41742
Health Services, $279,000 shall be used in each fiscal year for	41743
the OPTIONS dental care access program.	41744

Of the foregoing appropriation item 440-416, Child and Family	41745
Health Services, $600,000 in each fiscal year shall be used by	41746
local child and family health services clinics to provide services	41747
to uninsured low-income persons.	41748

Of the foregoing appropriation item 440-416, Child and Family	41749
Health Services, $900,000 in each fiscal year shall be used by	41750
federally qualified health centers and federally designated	41751
look-alikes to provide services to uninsured low-income persons.	41752

IMMUNIZATIONS

41753

Of the foregoing appropriation item 440-418, Immunizations,	41754
$125,000 per fiscal year shall be used to provide vaccinations for	41755
Hepatitis B to all qualified underinsured students in the seventh	41756
grade who have not been previously immunized.	41757

Of the foregoing appropriation item 440-418, Immunizations,	41758
$150,000 in each fiscal year shall be used to provide vaccinations	41759
for pneumococcal disease for children between the ages of two and	41760
five.	41761

HIV/AIDS PREVENTION/TREATMENT

41762

Of the foregoing appropriation item 440-444, AIDS Prevention	41763
and Treatment, $6.97 million in fiscal year 2002 and $7.4 million	41764
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	41765
in acquiring HIV-related medications.	41766

The HIV Drug Assistance Program is pursuant to section	41767
3701.241 of the Revised Code and Title XXVI of the "Public Health	41768
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	41769
The Department of Health may adopt rules pursuant to Chapter 119.	41770
of the Revised Code as necessary for the administration of the	41771
program.	41772

INFECTIOUS DISEASE PREVENTION

41773

Notwithstanding section 339.77 of the Revised Code, $60,000	41774
of the foregoing appropriation item 440-446, Infectious Disease	41775
Prevention, shall be used by the Director of Health to reimburse	41776
Boards of County Commissioners for the cost of detaining indigent	41777
persons with tuberculosis. Any portion of the $60,000 allocated	41778
for detainment not used for that purpose shall be used to make	41779
payments to counties pursuant to section 339.77 of the Revised	41780
Code.	41781

Of the foregoing appropriation item 440-446, Infectious	41782
Disease Prevention, $200,000 in each fiscal year shall be used for	41783
the purchase of drugs for sexually transmitted diseases.	41784

HELP ME GROW

41785

The foregoing appropriation item 440-459, Help Me Grow, shall	41786
be used by the Department of Health to distribute subsidies to	41787
counties to implement section 3701.61 of the Revised Code.	41788
Appropriation item 440-459 may be used in conjunction with	41789
Temporary Assistance for Needy Families from the Department of Job	41790
and Family Services, Even Start from the Department of Education,	41791
and in conjunction with other early childhood funds and services	41792
to promote the optimal development of young children. Local	41793
contacts shall be developed between local departments of job and	41794
family services and family and children first councils for the	41795
administration of TANF funding for the Help Me Grow Program. The	41796
Department of Health shall enter into an interagency agreement	41797
with the Department of Education to coordinate the planning,	41798
design, and grant selection process for any new Even Start grants	41799
and to ensure that all new and existing programs within Help Me	41800
grow are school linked.	41801

POISON CONTROL NETWORK

41802

The foregoing appropriation item 440-504, Poison Control	41803
Network, shall be used in each fiscal year by the Department of	41804
Health for grants to the consolidated Ohio Poison Control Center	41805
to provide poison control services to Ohio citizens.	41806

TANF FAMILY PLANNING

41807

The Director of Budget and Management shall transfer by	41808
intrastate transfer voucher, no later than the fifteenth day of	41809
July of each fiscal year, cash from the General Revenue Fund,	41810
appropriation item 600-410, TANF State, to General Services Fund	41811
5C1 in the Department of Health, in an amount of $250,000 in each	41812
fiscal year for the purpose of family planning services for	41813
children or their families whose income is at or below 200 per	41814
cent of the official poverty guideline.	41815

As used in this section, "poverty guideline" means the	41816
official poverty guideline as revised annually by the United	41817
States Secretary of Health and Human Services in accordance with	41818
section 673 of the "Community Services Block Grant Act," 95 Stat.	41819
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	41820
to the size of the family of the person whose income is being	41821
determined.	41822

MATERNAL CHILD HEALTH BLOCK GRANT

41823

Of the foregoing appropriation item 440-601, Maternal Child	41824
Health Block Grant (Fund 320), $2,091,299 shall be used in each	41825
fiscal year for the purposes of abstinence-only education. The	41826
Director of Health shall develop guidelines for the establishment	41827
of abstinence programs for teenagers with the purpose of	41828
decreasing unplanned pregnancies and abortion. Such guidelines	41829
shall be pursuant to Title V of the "Social Security Act," 42	41830
U.S.C.A. 510, and shall include, but are not limited to,	41831
advertising campaigns and direct training in schools and other	41832
locations.	41833

A portion of the foregoing appropriation item 440-601,	41834
Maternal Child Health Block Grant (Fund 320), may be used to	41835
ensure that current information on sudden infant death syndrome is	41836
available for distribution by local health districts.	41837

TITLE XX TRANSFER

41838

Of the foregoing appropriation item 440-611, Title XX	41839
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used	41840
for the purposes of abstinence-only education. The Director of	41841
Health shall develop guidelines for the establishment of	41842
abstinence programs for teenagers with the purpose of decreasing	41843
unplanned pregnancies and abortion. The guidelines shall be	41844
developed pursuant to Title V of the "Social Security Act," 42	41845
U.S.C. 510, and shall include, but are not to be limited to,	41846
advertising campaigns and direct training in schools and other	41847
locations.	41848

GENETICS SERVICES

41849

The foregoing appropriation item 440-608, Genetics Services	41850
(Fund 4D6), shall be used by the Department of Health to	41851
administer programs authorized by sections 3701.501 and 3701.502	41852
of the Revised Code.	41853

SICKLE CELL FUND

41854

The foregoing appropriation item 440-610, Sickle Cell Disease	41855
Control (Fund 4F9), shall be used by the Department of Health to	41856
administer programs authorized by section 3701.131 of the Revised	41857
Code. The source of the funds is as specified in section 3701.23	41858
of the Revised Code.	41859

SAFETY AND QUALITY OF CARE STANDARDS

41860

The Department of Health may use Fund 471, Certificate of	41861
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	41862
the Revised Code in each fiscal year.	41863

MEDICALLY HANDICAPPED CHILDREN AUDIT

41864

The Medically Handicapped Children Audit Fund (Fund 477)	41865
shall receive revenue from audits of hospitals and recoveries from	41866
third-party payors. Moneys may be expended for payment of audit	41867
settlements and for costs directly related to obtaining recoveries	41868
from third-party payors and for encouraging Medically Handicapped	41869
Children's Program recipients to apply for third-party benefits.	41870
Moneys also may be expended for payments for diagnostic and	41871
treatment services on behalf of medically handicapped children, as	41872
defined in division (A) of section 3701.022 of the Revised Code,	41873
and Ohio residents who are twenty-one or more years of age and who	41874
are suffering from cystic fibrosis. Moneys may also be expended	41875
for administrative expenses incurred in operating the Medically	41876
Handicapped Children's Program.	41877

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	41878
PERMIT FUND	41879

The Director of Budget and Management, pursuant to a plan	41880
submitted by the Department of Health, or as otherwise determined	41881
by the Director of Budget and Management, shall set a schedule to	41882
transfer cash from the Liquor Control Fund (Fund 043) to the	41883
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	41884
needs of the Alcohol Testing and Permit program.	41885

The Director of Budget and Management shall transfer to the	41886
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	41887
Fund (Fund 043) established in section 4301.12 of the Revised Code	41888
such amounts at such times as determined by the transfer schedule.	41889

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

41890

The foregoing appropriation item 440-607, Medically	41891
Handicapped Children - County Assessments (Fund 666), shall be	41892
used to make payments pursuant to division (E) of section 3701.023	41893
of the Revised Code.	41894

Section 55.02. (A) There is hereby created the Health Care	41895
Workforce Shortage Task Force to study the shortage of health care	41896
professionals and health care workers in the health care workforce	41897
and to propose a state plan to address the problem. For the	41898
purposes of the Task Force, "health care professional" and "health	41899
care worker" have the same meanings as in section 2305.234 of the	41900
Revised Code.	41901

(B) The Director of Health shall serve as chair of the	41902
Health Care Workforce Shortage Task Force. The Task Force shall	41903
consist of not more than seventeen members, who shall serve	41904
without compensation. One member of the Senate, appointed by the	41905
President of the Senate, and one member of the House of	41906
Representatives, appointed by the Speaker of the House of	41907
Representatives, shall serve on the Task Force. The member from	41908
the House of Representatives and the member from the Senate shall	41909
be from different political parties. The Director of Health shall	41910
appoint health care professionals and health care workers	41911
representing each of the following organizations:	41912

(1) Ohio Hospital Association;

41913

(2) Ohio Association of Children's Hospitals;

41914

(3) Ohio Council for Home Care;

41915

(4) Ohio Health Care Association;

41916

(5) Ohio Hospice and Palliative Care Organization;

41917

(6) Ohio Association of Philanthropic Homes;

41918

(7) Ohio Commission on Minority Health;

41919

(8) Ohio Nurses Association;

41920

(9) Ohio Pharmacists Association;

41921

(10) Ohio State Medical Association;

41922

(11) Families for Improved Care;

41923

(12) Ohio Association of Health Care Quality.

41924

(C) The Department of Health shall provide the Task Force	41925
with office space, staff, supplies, services, and other support as	41926
needed.	41927

(D) The Task Force shall do all of the following:

41928

(1) Review the licensing standards for all health care	41929
professionals;	41930

(2) Identify strategies to increase recruitment, retention,	41931
and development of qualified health care professionals and health	41932
care workers in health care settings;	41933

(3) Develop recommendations for improving scopes of practice	41934
to remove unnecessary barriers to high quality provision of health	41935
care;	41936

(4) Develop possible demonstration projects to present	41937
technology's potential to increase the efficiency of health care	41938
personnel;	41939

(5) Recommend education strategies to meet health care	41940
workforce needs.	41941

(E) The Task Force shall submit a report of its findings and	41942
recommendations to the Speaker and Minority Leader of the House of	41943
Representatives and to the President and Minority Leader of the	41944
Senate not later than July 1, 2002. On submission of the report,	41945
the Task Force shall cease to exist.	41946

Section 56.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION	41947

Agency Fund Group

41948

Section 57.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS	41953

General Revenue Fund

41954

General Services Fund Group

41959

COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW

41964

No later than December 31, 2001, the Commission on	41965
Hispanic/Latino Affairs shall submit to the chairperson and	41966
ranking minority member of the Human Services Subcommittee of the	41967
Finance and Appropriations Committee of the House of	41968
Representatives a report that demonstrates the progress that has	41969
been made toward meeting the Commission's mission statement.	41970

Section 58.  OHS OHIO HISTORICAL SOCIETY

41971

General Revenue Fund

41972

SUBSIDY APPROPRIATION

41982

Upon approval by the Director of Budget and Management, the	41983
foregoing appropriation items shall be released to the Ohio	41984
Historical Society in quarterly amounts that in total do not	41985
exceed the annual appropriations. The funds and fiscal records of	41986
the society for fiscal years 2002 and 2003 shall be examined by	41987
independent certified public accountants approved by the Auditor	41988
of State, and a copy of the audited financial statements shall be	41989
filed with the Office of Budget and Management. The society shall	41990
prepare and submit to the Office of Budget and Management the	41991
following:	41992

(A) An estimated operating budget for each fiscal year of	41993
the biennium. The operating budget shall be submitted at or near	41994
the beginning of each year.	41995

(B) Financial reports, indicating actual receipts and	41996
expenditures for the fiscal year to date. These reports shall be	41997
filed at least semiannually during the fiscal biennium.	41998

The foregoing appropriations shall be considered to be the	41999
contractual consideration provided by the state to support the	42000
state's offer to contract with the Ohio Historical Society under	42001
section 149.30 of the Revised Code.	42002

OPERATING SUBSIDY

42003

The Director of Budget and Management shall not release the	42004
second quarterly payment for FY 2002 of the foregoing	42005
appropriation item GRF 360-501, Operating Subsidy, to the Ohio	42006
Historical Society until the release of these moneys is approved	42007
by the Controlling Board. The Controlling Board shall not approve	42008
such release until the Ohio Historical Society submits a plan to	42009
the Controlling Board containing a detailed budget with current	42010
and projected costs of operating each state memorial by category,	42011
the sources and amounts of non-state income used at each site, and	42012
the Ohio Historical Society's management plan for each site during	42013
the biennium. The Controlling Board shall consult with the Ohio	42014
Historic Preservation Advisory Board and determine the Ohio	42015
Historical Society's submitted plan to adequately meet the state's	42016
goal of historic preservation prior to the approval of the release	42017
of moneys from GRF 360-501, Operating Subsidy, to the Ohio	42018
Historical Society.	42019

SITE OPERATIONS

42020

Of the foregoing appropriation item 360-502, Site Operations,	42021
no money shall be used for the operation of the Ohio Historical	42022
Center.	42023

Of the foregoing appropriation item 360-502, Site Operations,	42024
no more than 3 per cent shall be used for expenses not directly	42025
allocated to an individual state memorial.	42026

HAYES PRESIDENTIAL CENTER

42027

If a United States government agency, including, but not	42028
limited to, the National Park Service, chooses to take over the	42029
operations or maintenance of the Hayes Presidential Center, in	42030
whole or in part, the Ohio Historical Society shall make	42031
arrangements with the National Park Service or other United States	42032
government agency for the efficient transfer of operations or	42033
maintenance.	42034

HISTORICAL GRANTS	42035

Of the foregoing appropriation item 360-508, Historical	42036
Grants, $50,000 in each fiscal year shall be distributed to the	42037
Hebrew Union College in Cincinnati for the Holocaust Education	42038
Project.	42039

Section 59.  REP OHIO HOUSE OF REPRESENTATIVES	42040

General Revenue Fund

42041

General Services Fund Group

42044

Section 60.  IGO OFFICE OF THE INSPECTOR GENERAL	42051

General Revenue Fund

42052

State Special Revenue Fund Group

42055

Of the foregoing appropriation item 965-602, Special	42059
Investigations, up to $100,000 in each fiscal year may be used for	42060
investigative costs, pursuant to section 121.481 of the Revised	42061
Code.	42062

Section 61.  INS DEPARTMENT OF INSURANCE	42063

Federal Special Revenue Fund Group

42064

State Special Revenue Fund Group

42068

MARKET CONDUCT EXAMINATION

42075

When conducting a market conduct examination of any insurer	42076
doing business in this state, the Superintendent of Insurance may	42077
assess the costs of the examination against the insurer. The	42078
superintendent may enter into consent agreements to impose	42079
administrative assessments or fines for conduct discovered that	42080
may be violations of statutes or regulations administered by the	42081
superintendent. All costs, assessments, or fines collected shall	42082
be deposited to the credit of the Department of Insurance	42083
Operating Fund (Fund 554).	42084

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

42085

The Superintendent of Insurance may transfer funds from the	42086
Department of Insurance Operating Fund (Fund 554), established by	42087
section 3901.021 of the Revised Code, to the Superintendent's	42088
Examination Fund (Fund 555), established by section 3901.071 of	42089
the Revised Code, only for the expenses incurred in examining	42090
domestic fraternal benefit societies as required by section	42091
3921.28 of the Revised Code.	42092

Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

42093

General Revenue Fund

42094

General Services Fund Group

42144

Federal Special Revenue Fund Group

42152

State Special Revenue Fund Group

42179

Agency Fund Group

42203

Holding Account Redistribution Fund Group

42208

Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL	42215
ASSEMBLY	42216

In addition to other reporting requirements established in	42217
the Revised Code, the Department of Job and Family Services shall,	42218
not later than June 30, 2002, at the request of the Finance and	42219
Appropriations Committee of the House of Representatives, report	42220
to the General Assembly on the department's performance in	42221
carrying out its mission and include in the report at least the	42222
following: the long-term planning and vision for the various	42223
elements of the Department of Job and Family Services, and an	42224
analysis of the fund balances and cash flow in the department's	42225
budget.	42226

Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

42227

Each fiscal year, the Director of Budget and Management shall	42228
transfer $3,500,000 in appropriation authority from appropriation	42229
item 600-410, TANF State, to State Special Revenue Fund 5B7	42230
appropriation item 038-629, TANF Transfer-Treatment, and	42231
$1,500,000 in appropriation authority from appropriation item	42232
600-410, TANF State, to State Special Revenue Fund 5E8	42233
appropriation item 038-630, TANF Transfer-Mentoring, in the	42234
Department of Alcohol and Drug Addiction Services. The	42235
Department of Alcohol and Drug Addiction Services shall comply	42236
with all TANF reporting requirements and timelines specified by	42237
the Department of Job and Family Services.	42238

Section 62.03. DISABILITY ASSISTANCE

42239

The following schedule shall be used to determine monthly	42240
grant levels in the Disability Assistance Program effective July	42241
1, 2001.	42242

Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM

42260

Appropriations in appropriation item 600-512, Non-TANF	42261
Emergency Assistance, in each fiscal year shall be used for the	42262
Adult Emergency Assistance Program established under section	42263
5101.86 of the Revised Code.	42264

Section 62.05. HEALTH CARE/MEDICAID	42265

The foregoing appropriation item 600-525, Health	42266
Care/Medicaid, shall not be limited by the provisions of section	42267
131.33 of the Revised Code.	42268

BREAST AND CERVICAL CANCER TREATMENT PROGRAM

42269

Of the foregoing appropriation item 600-525, Health	42270
Care/Medicaid, $450,000 in state share and $1,119,038 in federal	42271
share in fiscal year 2002, and $450,000 in state share and	42272
$1,119,038 in federal share in fiscal year 2003, shall be used to	42273
fund medical assistance provided under the Medicaid Program	42274
pursuant to section 5111.0110 of the Revised Code.	42275

Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE

42276

The foregoing appropriation item 600-658, Child Support	42277
Collections, shall be used by the Department of Job and Family	42278
Services to meet the TANF maintenance of effort requirements of	42279
Pub. L. No. 104-193. After the state has met the maintenance of	42280
effort requirement, the Department of Job and Family Services may	42281
use funds from appropriation item 600-658 to support public	42282
assistance activities.	42283

Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE

42284

The foregoing appropriation item 600-671, Medicaid Program	42285
Support, shall be used by the Department of Job and Family	42286
Services to pay for Medicaid services and contracts.	42287

Section 62.08.  HOSPITAL CARE ASSURANCE MATCH FUND

42288

Appropriation item 600-650, Hospital Care Assurance Match,	42289
shall be used by the Department of Job and Family Services in	42290
accordance with division (B) of section 5112.18 of the Revised	42291
Code.	42292

Section 62.09. TANF

42293

TANF COUNTY INCENTIVES

42294

Of the foregoing appropriation item 600-689, TANF Block	42295
Grant, the Department of Job and Family Services may provide	42296
financial incentives to those county departments of job and family	42297
services that have exceeded performance standards adopted by the	42298
state department, and where the board of county commissioners has	42299
entered into a written agreement with the state department under	42300
section 5101.21 of the Revised Code governing the administration	42301
of the county department. Any financial incentive funds provided	42302
pursuant to this division shall be used by the county department	42303
for additional or enhanced services for families eligible for	42304
assistance under Chapter 5107. or benefits and services under	42305
Chapter 5108. of the Revised Code or, on request by the county and	42306
approval by the Department of Job and Family Services, be	42307
transferred to the Child Care and Development Fund or the Social	42308
Services Block Grant. The county departments of job and family	42309
services may retain and expend such funds without regard to the	42310
state or county fiscal year in which the financial incentives were	42311
earned or paid. Each county department of job and family services	42312
shall file an annual report with the Department of Job and Family	42313
Services providing detailed information on the expenditure of	42314
these financial incentives and an evaluation of the effectiveness	42315
of the county department's use of these funds in achieving	42316
self-sufficiency for families eligible for assistance under	42317
Chapter 5107. or benefits and services under Chapter 5108. of the	42318
Revised Code.	42319

TANF FATHERHOOD PROGRAMS

42320

From the foregoing appropriation item 600-689, TANF Block	42321
Grant, up to $5,000,000 in each fiscal year shall be used to	42322
support local fatherhood programs. Of the foregoing $5,000,000,	42323
$300,000 in each fiscal year shall be used to operate a Fatherhood	42324
Commission. Of the foregoing $5,000,000, $310,000 in each fiscal	42325
year shall be provided to the Cuyahoga County Department of Job	42326
and Family Services to contract with the Center for Families and	42327
Children for the purpose of providing allowable services to	42328
TANF-eligible individuals. The Cuyahoga County Department of Job	42329
and Family Services and the Center for Families and Children shall	42330
agree on reporting requirements to be incorporated into the	42331
contract. Of the foregoing $5,000,000, up to $500,000 in each	42332
fiscal year shall be used by the Department of Job and Family	42333
Services to support expenditures and grants of the Ohio Alliance	42334
of Boys and Girls Clubs to provide allowable services to	42335
TANF-eligible individuals. The Department of Job and Family	42336
Services and the Ohio Alliance of Boys and Girls Clubs shall agree	42337
on reporting requirements to be incorporated into the grant	42338
agreement.	42339

TANF EDUCATION

42340

Not later than July 15, 2002, the Director of Budget and	42341
Management shall transfer $35,000,000 in appropriation authority	42342
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to	42343
Fund 3W6, TANF Education, in the Department of Education, which is	42344
created in the State Treasury. The transferred funds shall be	42345
used for the purpose of providing allowable services to	42346
TANF-eligible individuals.	42347

Not later than July 15, 2001, the Director of Budget and	42348
Management shall transfer $76,156,175 from Fund 3V6, TANF Block	42349
Grant, to Fund 3W6, TANF Education, in the Department of	42350
Education. Not later than July 15, 2002, the Director of Budget	42351
and Management shall transfer $98,843,825 from Fund 3V6, TANF	42352
Block Grant, to Fund 3W6, TANF Education, in the Department of	42353
Education. The transferred funds shall be used for the purpose of	42354
providing allowable services to TANF-eligible individuals. The	42355
Department of Education shall comply with all TANF requirements,	42356
including reporting requirements and timelines, as specified in	42357
state and federal laws, federal regulations, state rules, and the	42358
Title IV-A state plan, and is responsible for payment of any	42359
adverse audit finding, final disallowance of federal financial	42360
participation, or other sanction or penalty issued by the federal	42361
government or other entity concerning these funds.	42362

TANF ADULT LITERACY AND CHILD READING PROGRAMS

42363

From the foregoing appropriation item 600-689, TANF Block	42364
Grant, up to $5,000,000 in each fiscal year shall be used to	42365
support local adult literacy and child reading programs.	42366

TALBERT HOUSE

42367

In each fiscal year, the Director of Job and Family Services	42368
shall provide $100,500 from appropriation item 600-689, TANF Block	42369
Grant, to the Hamiliton County Department of Job and Family	42370
Services to contract with the Talbert House for the purpose of	42371
providing allowable servcies to TANF-eligible individuals. The	42372
Hamilton County Department of Job and Family Services and the	42373
Talbert House shall agree on reporting requirements that meet all	42374
TANF reporting requirements and timelines specified by the	42375
Department of Job and Family Services to be incorporated into the	42376
contract.	42377

APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING

42378

From the foregoing appropriation item 600-689, TANF Block	42379
Grant, the Director of Job and Family Services shall provide up	42380
to $15,000,000 in each fiscal year to be awarded to the county	42381
departments of job and family services in the twenty-nine	42382
Appalachian counties, contingent upon passage of H.B. 6 of the	42383
124th General Assembly. These funds shall be used by the county	42384
department of job and family services, in coordination with the	42385
Governor's Office of Appalachia, the Governor's Regional Economic	42386
Office, and local development districts. These funds shall be	42387
used for the following activities: workforce development and	42388
supportive services; economic development; technology expansion,	42389
technical assistance, and training; youth job training;	42390
organizational development for workforce development partners; and	42391
improving existing technology centers, workforce development, job	42392
creation and retention, purchasing technology, and technology and	42393
technology infrastructure upgrades.	42394

As a condition on the use of these funds, each county	42395
department of job and family services shall submit a plan for the	42396
intended use of these funds to the Department of Job and Family	42397
Services. The plan shall also be reviewed by the Governor's	42398
Office of Appalachia, the Governor's Regional Economic Office, and	42399
local development districts. Also as a condition on the use of	42400
these funds, each county and contract agency shall acknowledge	42401
that these funds are a one-time allocation, not intended to fund	42402
services beyond September 30, 2002.	42403

In fiscal year 2002, the TANF Allocation to each of the	42404
Appalachian counties shall not be less than the TANF allocation	42405
amount for fiscal year 2001, as allocated according to the	42406
methodology set forth in paragraph (I) of rule 5101-6-03 of the	42407
Administrative Code.	42408

In fiscal year 2003, the Department of Job and Family	42409
Services shall provided from appropriation item 600-689, TANF	42410
Block Grant, up to $1,000,000 additional funding for special	42411
projects on the recommendation of the Governor's Office of	42412
Appalachia.	42413

The use of these funds shall comply with all TANF	42414
requirements, including reporting requirements and timelines, as	42415
specified in state and federal laws, federal regulations, state	42416
rules, and the Title IV-A state plan.	42417

DYS COMPREHENSIVE STRATEGIES

42419

No later than July 15, 2001, the Director of Budget and	42420
Management shall transfer $5,000,000 in appropriation authority	42421
from appropriation item 600-689, TANF Block Grant, to Federal	42422
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer	42423
- Comprehensive Strategies, in the Department of Youth Services.	42424
These funds shall be used by the Department of Youth Services to	42425
make grants to local communities to establish models of	42426
inter-system collaboration to prevent children from entering the	42427
juvenile justice system. In making the grants, the Department of	42428
Youth Services shall require that grantees use the funds only to	42429
plan, develop, or enhance collaborative models. Funds provided to	42430
grantees may not be used for any type of direct or purchased	42431
services. The Department of Youth Services shall comply with all	42432
TANF requirements, including reporting requirements and timelines,	42433
as specified in state and federal laws, federal regulations, state	42434
rules, and the Title IV-A state plan, and is responsible for	42435
payment of any adverse audit finding, final disallowance of	42436
federal financial participation, or other sanction or penalty	42437
issued by the federal government or other entity concerning these	42438
funds.	42439

TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER	42440
PROGRAM	42441

No later than July 15, 2001, the Director of Budget and	42442
Management shall transfer $5,200,000 in appropriation authority	42443
from appropriation item 600-689, TANF Block Grant, to	42444
appropriation item 195-497, CDBG Operating Match, in the	42445
Department of Development. No later than July 15, 2002, the	42446
Director of Budget and Management shall transfer $6,500,000 in	42447
appropriation authority from appropriation item 600-689, TANF	42448
Block Grant, to appropriation item 195-497, CDBG Operating Match,	42449
in the Department of Development. These funds shall be used to	42450
provide supportive services for low-income families related to	42451
housing or homelessness, including housing counseling; to provide	42452
grants to nonprofit organizations to assist families with incomes	42453
at or below 200 per cent of the federal poverty guidelines with	42454
down-payment assistance for homeownership, including the purchase	42455
of mobile homes; to provide emergency home repair funding for	42456
families with incomes at or below 200 per cent of the federal	42457
poverty guidelines; to provide operating support for family	42458
emergency shelter programs; and to provide emergency rent and	42459
mortgage assistance for families with incomes at or below 200 per	42460
cent of the federal poverty guidelines. The funds shall not be	42461
used to match federal funds. The Department of Development shall	42462
comply with all TANF requirements, including reporting	42463
requirements and timelines, as specified in state and federal	42464
laws, federal regulations, state rules, and the Title IV-A state	42465
plan, and is responsible for payment of any adverse audit finding,	42466
final disallowance of federal financial participation, or other	42467
sanction or penalty issued by the federal government or other	42468
entity concerning these funds.	42469

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

42470

From the foregoing appropriation items 600-410, TANF State;	42471
600-658, Child Support Collections; or 600-689, TANF Block Grant,	42472
or a combination of these appropriation items, no less than	42473
$369,040,735 in each fiscal year shall be allocated to county	42474
departments of job and family services as follows:	42475

Upon the request of the Department of Job and Family	42485
Services, the Director of Budget and Management may seek	42486
Controlling Board approval to increase appropriations in	42487
appropriation item 600-689, TANF Block Grant, provided sufficient	42488
Federal TANF Block Grant funds exist to do so, without any	42489
corresponding decrease in other appropriation items. The	42490
Department of Job and Family Services shall provide the Office of	42491
Budget and Management and the Controlling Board with documentation	42492
to support the need for the increased appropriation.	42493

All transfers of moneys from or charges against TANF Federal	42494
Block Grant awards for use in the Social Services Block Grant or	42495
the Child Care and Development Block Grant from either unobligated	42496
prior year appropriation authority in appropriation item 400-411,	42497
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	42498
from fiscal year 2002 and fiscal year 2003 appropriation authority	42499
in item 600-689, TANF Block Grant, shall be done ten days after	42500
the Department of Job and Family Services gives written notice to	42501
the Office of Budget and Management. The Department of Job and	42502
Family Services shall first provide the Office of Budget and	42503
Management with documentation to support the need for such	42504
transfers or charges for use in the Social Services Block Grant or	42505
in the Child Care Development Block Grant.	42506

The Department of Job and Family Services shall in each	42507
fiscal year of the biennium transfer the maximum amount of funds	42508
from the federal TANF Block Grant to the federal Social Services	42509
Block Grant as permitted under federal law. Not later than July	42510
15, 2001, the Director of Budget and Management shall transfer	42511
$60,000,000 in receipts from TANF Block Grant funds that have been	42512
credited to the Social Services Block Grant to State Special	42513
Revenue Fund XXX, in the Office of Budget and Management. Not	42514
later than June 1, 2002, the Director of Budget and Management	42515
shall determine the amount of funds in State Special Revenue Fund	42516
XXX that is needed for the purpose of balancing the General	42517
Revenue Fund, and may transfer that amount to the General Revenue	42518
Fund. Any moneys remaining in State Special Revenue Fund XXX on	42519
June 15, 2002, shall be transferred not later than June 20, 2002	42520
to Fund 3V6, TANF Block Grant, in the Department of Job and Family	42521
Services. Not later than July 15, 2002, the Director of Budget	42522
and Management shall transfer to State Special Revenue Fund XXX,	42523
from Fund 3V6 in the Department of Job and Family Services, the	42524
amount of funds that remained in Special Revenue Fund XXX on June	42525
15, 2002, and that were transferred to Fund 3V6. Not later than	42526
June 1, 2003, the Director of Budget and Management shall	42527
determine the amount of funds in State Special Revenue Fund XXX	42528
that is needed for the purpose of balancing the General Revenue	42529
Fund, and may transfer that amount to the General Revenue Fund.	42530
Any moneys remaining in State Special Revenue Fund XXX on June 15,	42531
2003, shall be transferred not later than June 20, 2003, to Fund	42532
3V6, TANF Block Grant, in the Department of Job and Family	42533
Services.	42534

Before the thirtieth day of September of each fiscal year,	42535
the Department of Job and Family Services shall file claims with	42536
the United States Department of Health and Human Services for	42537
reimbursement for all allowable expenditures for services provided	42538
by the Department of Job and Family Services, or other agencies	42539
that may qualify for Social Services Block Grant funding pursuant	42540
to Title XX of the Social Security Act. The Department of Job and	42541
Family Services shall deposit, during each fiscal year, into Fund	42542
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF	42543
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services,	42544
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund	42545
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002,	42546
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, into	42547
Fund 162 in the Department of Natural Resources, $7,885,349, and	42548
into Fund 3W3, Adult Special Needs, $2,920,227 and deposit in	42549
fiscal year 2003, into Fund 3W2, Title XX Vocational	42550
Rehabilitation, $897,052, into Fund 162 in the Department of	42551
Natural Resources, $8,058,715, and into Fund 3W3, Adult Special	42552
Needs, $6,520,227 in receipts from TANF Block Grant funds credited	42553
to the Social Services Block Grant. On verification of the	42554
receipt of the above revenue, the funds provided by these	42555
transfers shall be used as follows:	42556

Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

42582

The Department of Job and Family Services may use up to	42583
$3,500,000 of appropriation item 600-634, State Options Food	42584
Stamps (Fund 5E6), in each fiscal year of the biennium to support	42585
expenditures to the Ohio Association of Second Harvest Food Banks	42586
pursuant to the following criteria.	42587

As used in this section, "federal poverty guidelines" has the	42588
same meaning as in section 5101.46 of the Revised Code.	42589

The Department of Job and Family Services shall provide an	42590
annual grant of $3,500,000 in each of the fiscal years 2002 and	42591
2003 to the Ohio Association of Second Harvest Food Banks. In	42592
each fiscal year, the Ohio Association of Second Harvest Food	42593
Banks shall use $2,500,000 for the purchase of food products for	42594
the Ohio Food Program, of which up to $105,000 may be used for	42595
food storage and transport, and shall use $1,000,000 for the	42596
Agricultural Surplus Production Alliance Project. Funds provided	42597
for the Ohio Food Program shall be used to purchase food products	42598
and distribute those food products to agencies participating in	42599
the emergency food distribution program. No funds provided	42600
through this grant may be used for administrative expenses other	42601
than funds provided for food storage and transport. As soon as	42602
possible after entering into a grant agreement at the beginning of	42603
the fiscal year, the Department of Job and Family Services shall	42604
distribute the grant funds in one single payment. The Ohio	42605
Association of Second Harvest Food Banks shall develop a plan for	42606
the distribution of the food products to local food distribution	42607
agencies. Agencies receiving these food products shall ensure	42608
that individuals and families who receive any of the food products	42609
purchased with these funds have an income at or below 150 per cent	42610
of the federal poverty guidelines. The Department of Job and	42611
Family Services and the Ohio Association of Second Harvest Food	42612
Banks shall agree on reporting requirements to be incorporated	42613
into the grant agreement.	42614

The Ohio Association of Second Harvest Food Banks shall	42615
return any fiscal year 2002 funds from this grant remaining	42616
unspent on June 30, 2002, to the Department of Job and Family	42617
Services no later than November 1, 2002. The Ohio Association of	42618
Second Harvest Food Banks shall return any fiscal year 2003 funds	42619
from this grant remaining unspent on June 30, 2003, to the	42620
Department no later than November 1, 2003.	42621

Section 62.11. CHILD NUTRITION SERVICES

42622

The Department of Job and Family Services may use up to	42623
$2,500,000 in each fiscal year of appropriation item 600-634,	42624
State Option Food Stamps(Fund 5E6), to support Child Nutrition	42625
Services in the Department of Education. As soon as possible	42626
after the effective date of this section, the Department of Job	42627
and Family Services shall enter into an interagency agreement with	42628
the Department of Education to reimburse the 19 pilot programs	42629
that provide nutritional evening meals to adolescents 13 through	42630
18 years of age participating in educational or enrichment	42631
activities at youth development centers. Such funds shall not be	42632
used as matching funds. Eligibility and reporting guidelines	42633
shall be detailed in the interagency agreement.	42634

Section 62.12. PRESCRIPTION DRUG REBATE FUND

42635

The foregoing appropriation item 600-692, Health Care	42636
Services, shall be used by the Department of Job and Family	42637
Services in accordance with section 5111.081 of the Revised Code.	42638

Section 62.13. ODJFS FUNDS

42639

AGENCY FUND GROUP

42640

The Agency Fund Group shall be used to hold revenues until	42641
the appropriate fund is determined or until they are directed to	42642
the appropriate governmental agency other than the Department of	42643
Job and Family Services. If it is determined that additional	42644
appropriation authority is necessary, such amounts are	42645
appropriated.	42646

HOLDING ACCOUNT REDISTRIBUTION GROUP

42647

The foregoing appropriation items 600-643, Refunds and Audit	42648
Settlements, and 600-644, Forgery Collections, Holding Account	42649
Redistribution Fund Group, shall be used to hold revenues until	42650
they are directed to the appropriate accounts or until they are	42651
refunded. If it is determined that additional appropriation	42652
authority is necessary, such amounts are appropriated.	42653

Section 62.14. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF	42654
JOB AND FAMILY SERVICES	42655

Using the foregoing appropriation items 600-504, Non-TANF	42656
County Administration; 600-610, Food Stamps and State	42657
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	42658
600-620, Social Services Block Grant; 600-552, County Social	42659
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	42660
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	42661
Refugees Services, the Department of Job and Family Services may	42662
establish a single allocation for county departments of job and	42663
family services that are subject to a partnership agreement	42664
between a board of county commissioners and the department under	42665
section 5101.21 of the Revised Code. The county department is not	42666
required to use all the money from one or more of the	42667
appropriation items listed in this paragraph for the purpose for	42668
which the specific appropriation item is made so long as the	42669
county department uses the money for a purpose for which at least	42670
one of the other of those appropriation items is made. The county	42671
department may not use the money in the allocation for a purpose	42672
other than a purpose any of those appropriation items are made. If	42673
the spending estimates used in establishing the single allocation	42674
are not realized and the county department uses money in one or	42675
more of those appropriation items in a manner for which federal	42676
financial participation is not available, the department shall use	42677
state funds available in one or more of those appropriation items	42678
to ensure that the county department receives the full amount of	42679
its allocation. The single allocation is the maximum amount the	42680
county department shall receive from those appropriation items.	42681

ADULT PROTECTIVE SERVICES

42682

The foregoing appropriation item 600-695, Adult Protective	42683
Services, shall be used to provide adult protective services in	42684
accordance with section 5101.62 of the Revised Code.	42685

NON-TANF ADULT ASSISTANCE

42686

The foregoing appropriation item 600-696, Non-TANF Adult	42687
Assistance, shall be used to provide funding for the Adult	42688
Emergency Assistance Program in accordance with section 5101.86 of	42689
the Revised Code.	42690

HIPPY PROGRAM

42691

The Department of Job and Family Services may use up to	42692
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	42693
in each fiscal year to support expenditures to the Hippy Program	42694
in Hamilton County. The Department of Job and Family Services and	42695
the Hippy Program shall agree on reporting requirements to be	42696
incorporated into the grant agreement.	42697

ADOPTION CONNECTION

42698

The Department of Job and Family Services may use up to	42699
$62,500 of appropriation item 600-640, Adoption Connection (Fund	42700
3W9), in each fiscal year to support expenditures to the Adoption	42701
Connection Program in Hamilton County. The Department of Job and	42702
Family Services and the Adoption Connection Program shall agree on	42703
reporting requirements to be incorporated into the grant	42704
agreement.	42705

Section 62.15. TRANSFER OF FUNDS	42706

The Department of Job and Family Services shall transfer	42707
through intrastate transfer vouchers, cash from State Special	42708
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	42709
Community-Based Services, in the Ohio Department of Mental	42710
Retardation and Developmental Disabilities. The sum of the	42711
transfers shall equal $12,783,463 in fiscal year 2002 and	42712
$13,039,133 in fiscal year 2003. The transfer may occur on a	42713
quarterly basis or on a schedule developed and agreed to by both	42714
departments.	42715

The Department of Job and Family Services shall transfer,	42716
through intrastate transfer vouchers, cash from the State Special	42717
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	42718
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	42719
transfers shall be equal to the amounts appropriated in fiscal	42720
year 2002 and fiscal year 2003 in appropriation item 490-610,	42721
PASSPORT/Residential State Supplement. The transfer may occur on	42722
a quarterly basis or on a schedule developed and agreed to by both	42723
departments.	42724

TRANSFERS OF IMD/DSH CASH

42725

The Department of Job and Family Services shall transfer,	42726
through intrastate transfer voucher, cash from fund 5C9, Medicaid	42727
Program Support, to the Department of Mental Health's Fund 4X5,	42728
OhioCare, in accordance with an interagency agreement which	42729
delegates authority from the Department of Job and Family Services	42730
to the Department of Mental Health to administer specified	42731
Medicaid services.	42732

Section 62.16. CONSOLIDATION OF STATE GRANTS

42733

With the consent of a county, the Department of Job and	42734
Family Services may combine into a single and consolidated grant	42735
of state aid, funds that would otherwise be provided to that	42736
county pursuant to the operation of section 5101.14 of the Revised	42737
Code and other funds that would otherwise be provided to that	42738
county for the purpose of providing kinship care. In fiscal year	42739
2003, the grant shall also include unspent funds remaining from	42740
any grant provided to the county under this section in fiscal year	42741
2002.	42742

Funds contained in any such consolidation grant shall not be	42743
subject to either statutory or administrative rules that would	42744
otherwise govern allowable uses from such funds, except that such	42745
funds shall continue to be used by the county to meet the expenses	42746
of its children services program under Chapter 5153. of the	42747
Revised Code. Funds contained in a consolidation grant shall be	42748
paid to each county within thirty days after the beginning of each	42749
calendar quarter. Funds provided to a county under this section	42750
shall be deposited in the children services fund, established in	42751
section 5101.144 of the Revised Code, and shall be used for no	42752
other purpose than to meet the expenses of the children services	42753
program. Within ninety days after the end of fiscal year 2003,	42754
each county shall return to the Department of Job and Family	42755
Services any unspent balance in the consolidated grant, unless	42756
this section is renewed for a subsequent period of time.	42757

Section 62.17.  EMPLOYER SURCHARGE

42758

The surcharge and the interest on the surcharge amounts due	42759
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	42760
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	42761
118th General Assembly, and section 4141.251 of the Revised Code	42762
as it existed prior to Sub. H.B. 478 of the 122nd General	42763
Assembly, again shall be assessed and collected by, accounted for,	42764
and made available to the Department of Job and Family Services in	42765
the same manner as set forth in section 4141.251 of the Revised	42766
Code as it existed prior to Sub. H.B. 478 of the 122nd General	42767
Assembly, notwithstanding the repeal of the surcharge for calendar	42768
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	42769
Assembly, except that amounts received by the Director on or after	42770
July 1, 2001, shall be deposited into the special administrative	42771
fund established pursuant to section 4141.11 of the Revised Code.	42772

Effective July 1, 2001, the balance of the unemployment	42773
compensation surcharge trust funds created in custody of the	42774
Treasurer of State pursuant to section 4141.251 of the Revised	42775
Code shall be transferred into the special administrative fund	42776
established pursuant to section 4141.11 of the Revised Code.	42777

Section 62.18. OHIO ACCESS PROJECT

42778

(A) As used in this section, "nursing facility" has the same	42779
meaning as in section 5111.20 of the Revised Code.	42780

(B) To the extent funds are available as provided in this	42781
act, the Director of Job and Family Services may establish the	42782
Ohio Access Project to help Medicaid recipients make the	42783
transition from residing in a nursing facility to residing in a	42784
community setting. If the Director establishes the Project, the	42785
Director shall provide one-time benefits to not more than	42786
seventy-five Medicaid recipients in fiscal year 2002 and not more	42787
than one hundred twenty-five Medicaid recipients in fiscal year	42788
2003. To be eligible for benefits under the Project, a Medicaid	42789
recipient must satisfy all of the following requirements:	42790

(1) At the time of applying for the benefits, be a recipient	42791
of Medicaid-funded nursing facility care;	42792

(2) Have resided continuously in a nursing facility since at	42793
least January 1, 2000;	42794

(3) Need the level of care provided by nursing facilities;

42795

(4) Need benefits whose projected cost does not exceed	42796
eighty per cent of the average monthly Medicaid cost of individual	42797
Medicaid recipients' nursing facility care.	42798

(C) If the Director of Job and Family Services establishes	42799
the Ohio Access Project, the benefits provided under the Project	42800
may include payment of all of the following:	42801

(1) The first month's rent in a community setting;

42802

(2) Rental deposits;

42803

(3) Utility deposits;	42804

(4) Moving expenses;	42805

(5) Other expenses not covered by the Medicaid program that	42806
facilitate a Medicaid recipient's move from a nursing facility to	42807
a community setting.	42808

(D) No person may receive more than two thousand dollars	42809
worth of benefits under the Ohio Access Project.	42810

Section 62.19. FUNDING FOR OHIO ACCESS SUCCESS PILOT

42811

Notwithstanding any limitations contained in sections 5112.31	42812
and 5112.37 of the Revised Code, in each fiscal year, cash from	42813
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	42814
of the amounts needed for transfers to Fund 4K8 may be used by the	42815
Department of Job and Family Services to cover costs of care	42816
provided to participants in the Ohio Home Care Waiver. Expenses	42817
to be paid from this fund by the Department of Job and Family	42818
Services shall be limited to costs for habilitative services that	42819
either exceed the regular service levels of the Ohio Home Care	42820
Waiver or are for habilitative services for individuals who are	42821
not determined to be eligible for county board of MR/DD services,	42822
and are provided to participants of Ohio Home Care Waiver who	42823
require a level of care that is routinely provided through	42824
intermediate care facilities for the mentally retarded or through	42825
ICF/MR waivers administered by the Department of Mental	42826
Retardation and Developmental Disabilities.	42827

Section 62.20. FUNDING FOR INSTITUTIONAL FACILITY AUDITS

42828

Notwithstanding any limitations in sections 3721.51 and	42829
3721.56 of the Revised Code, in each fiscal year, cash from the	42830
State Special Revenue Fund 4J5, Home and Community-Based Services	42831
for the Aged, in excess of the amounts needed for the transfers	42832
may be used by the Department of Job and Family Services for the	42833
following purposes: (A) up to $1.0 million in each fiscal year to	42834
fund the state share of audits of Medicaid cost reports filed with	42835
the Department of Job and Family Services by nursing facilities	42836
and intermediate care facilities for the mentally retarded; and	42837
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in	42838
fiscal year 2003 to provide one-time transitional benefits under	42839
the Ohio Access Project that the Director of Job and Family	42840
Services may establish under the section of this act titled "Ohio	42841
Access Project."	42842

Section 62.21. WAIVER REDESIGN

42843

(A) The Director of Job and Family Services may submit a	42844
request to the United States Secretary of Health and Human	42845
Services pursuant to section 1915 of the "Social Security Act," 79	42846
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	42847
Medicaid home and community-based services waiver program, or	42848
modify a current Medicaid home and community-based services waiver	42849
program, to serve individuals with mental retardation or a	42850
developmental disability who meet all of the following	42851
requirements:	42852

(1) Need the level of care provided by intermediate care	42853
facilities for the mentally retarded;	42854

(2) Need habilitation services;	42855

(3) Are transferred from the Ohio Home Care Waiver Program	42856
to the new or modified home and community-based services waiver	42857
program.	42858

(B) If the United States Secretary of Health and Human	42859
Services grants a waiver request submitted under division (A) of	42860
this section, the Director of Job and Family Services may create a	42861
new, or modify an existing, home and community-based services	42862
waiver program in accordance with the waiver. The new or modified	42863
waiver program shall specify the maximum amount that the program	42864
may spend per individual enrolled in the program. The Department	42865
of Job and Family Services may administer the waiver program or	42866
enter into an interagency agreement with the Department of Mental	42867
Retardation and Developmental Disabilities for the Department of	42868
Mental Retardation and Developmental Disabilities to administer	42869
the waiver program under the Department of Job and Family	42870
Services' supervision.	42871

(C) The Director of Job and Family Services may reduce the	42872
maximum number of individuals the Ohio Home Care Waiver Program	42873
may serve by the number of individuals transferred from that	42874
program to the new or modified home and community-based services	42875
waiver program provided for by this section.	42876

(D) An interagency agreement between the Departments of Job	42877
and Family Services and Mental Retardation and Developmental	42878
Disabilities under this section, if any, shall specify the maximum	42879
number of individuals who may be transferred from the Ohio Home	42880
Care Waiver Program to the new, or modified, waiver program and	42881
the estimated cost of services under the new, or modified, waiver	42882
program to the transferred individuals. The departments may not	42883
enter into the interagency agreement without approval of the	42884
Director of Budget and Management. If the departments enter into	42885
the interagency agreement, the Director of Budget and Management	42886
may reduce the amount of the appropriation in line item 600-525,	42887
Health Care/Medicaid, by the estimated cost specified in the	42888
interagency agreement. If the Director makes the reduction, the	42889
state share of the estimated costs are appropriated to the	42890
Department of Mental Retardation and Developmental Disabilities in	42891
a new appropriation item that shall be established for this	42892
purpose. The Director of Budget and Management may increase the	42893
appropriation in appropriation item 322-639, Medicaid Waiver, by	42894
the corresponding non-GRF federal share of the estimated costs.	42895

Section 62.22. MEDICAID WAIVER

42896

(A) With the assistance of the Department of Mental Health	42897
and after consulting with community mental health facilities that	42898
provide mental health services included in the state Medicaid plan	42899
pursuant to section 5111.022 of the Revised Code, the Department	42900
of Job and Family Services shall develop and submit to the Health	42901
Care Financing Administration of the United States Department of	42902
Health and Human Services an application for a waiver under which	42903
any of the federal Medicaid statutes and regulations that are	42904
subject to being waived may be waived as necessary for purposes of	42905
better ensuring both of the following:	42906

(1) That Medicaid coverage and payment methods for mental	42907
health services provided under section 5111.022 of the Revised	42908
Code are consistent with the service priorities established	42909
pursuant to Chapters 340. and 5119. of the Revised Code;	42910

(2) That the services provided under section 5111.022 of the	42911
Revised Code can be provided in a manner that maximizes the	42912
effectiveness of resources available to the Department of Mental	42913
Health and boards of alcohol, drug addiction, and mental health	42914
services.	42915

(B) The actions taken by the Department of Mental Health and	42916
Department of Job and Family Services to develop and submit the	42917
application for the waiver specified in division (A) of this	42918
section shall be taken in a manner that allows the provisions of	42919
the waiver to be implemented not later than July 1, 2002.	42920

Section 62.23. REFUND OF SETS PENALTY

42921

Any and all refunds received for penalties that were paid	42922
directly or indirectly by the state for the Support Enforcement	42923
Tracking System (SETS) shall be deposited in their entirety to the	42924
General Revenue Fund.	42925

Section 62.24. As used in this section, "Medicaid waiver	42926
component" has the same meaning as in section 5111.85 of the	42927
Revised Code.	42928

A rule adopted by the Director of Job and Family Services	42929
governing a Medicaid waiver component that is in effect on the	42930
effective date of this section shall remain in effect until	42931
amended or rescinded as part of the adoption of rules under	42932
section 5111.85 of the Revised Code.	42933

Section 62.25. The Health Care Compliance Fund created by	42934
section 5111.171 of the Revised Code is the same fund as the	42935
Health Care Compliance Fund created by the Controlling Board in	42936
October 1998.	42937

Section 62.26. Not later than October 31, 2001, the Director	42938
of Job and Family Services shall submit to the United States	42939
Secretary of Health and Human Services an amendment to the state	42940
Medicaid Plan to provide for the Department of Job and Family	42941
Services to continue the Program of All-Inclusive Care for the	42942
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The	42943
Director may submit to the United States Secretary a request to	42944
transfer the day-to-day administration of PACE to the Department	42945
of Aging. If the United States Secretary approves the amendment,	42946
the Directors of Job and Family Services and Aging may enter into	42947
an interagency agreement under section 5111.86 of the Revised Code	42948
to transfer responsibility for the day-to-day administration of	42949
PACE from the Department of Job and Family Services to the	42950
Department of Aging. The interagency agreement is subject to the	42951
approval of the Director of Budget and Management and shall	42952
include an estimated cost of services to be provided under PACE.	42953

If the Directors of Job and Family Services and Aging enter	42954
into the interagency agreement, the Director of Budget and	42955
Management shall reduce the amount in appropriation item 600-525,	42956
Health Care/Medicaid, by the estimated costs of PACE services	42957
included in the interagency agreement. If the Director of Budget	42958
and Management makes the reduction, the state and federal share of	42959
the estimated costs of PACE services is hereby appropriated to the	42960
Department of Aging. The Director of Budget and Management shall	42961
establish a new appropriation item for the appropriation.	42962

Section 62.27. (A) The authority of the Director of Job and	42963
Family Services under section 5111.02 of the Revised Code to adopt	42964
a rule excluding drugs for the treatment of obesity from coverage	42965
under the Medicaid program is revoked. Therefore, the Director	42966
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the	42967
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the	42968
Administrative Code is suspended pending the rescission. This	42969
division does not require the Medicaid program to cover drugs for	42970
the treatment of obesity.	42971

The rule of this act that items in uncodified sections do not	42972
have effect after June 30, 2003, does not apply to this division.	42973

(B) Not later than six months after the effective date of	42974
this section, the Director of Job and Family Services shall	42975
complete an evaluation and issue a report on whether the Medicaid	42976
program should cover anti-obesity agents that have been approved	42977
by the United States Food and Drug Administration for the	42978
treatment of obesity and obesity's related co-morbidities. At a	42979
minimum, the evaluation shall consider the safety, efficacy, and	42980
cost-effectiveness of having the Medicaid program cover such	42981
anti-obesity agents. The Director shall submit the report to the	42982
chairperson and ranking minority member of the House of	42983
Representatives Finance and Appropriations Committee and the	42984
chairperson and ranking minority member of the Senate Finance and	42985
Financial Institutions Committee.	42986

Section 62.28. CHILD PROTECTIVE SERVICES

42987

Of the foregoing appropriation item 600-527, Child Protective	42988
Services, $15,000 in each fiscal year shall be provided to the	42989
Children?s Advocacy Center in Portage County.	42990

Section 62.29. The Director of Job and Family Services may	42991
apply to the United States Secretary of Health and Human Services	42992
to increase the number of individuals that the Individual Options	42993
Medicaid home or community-based services waiver program may serve	42994
as follows:	42995

(A) For fiscal year 2002, that the waiver program serve at	42996
least five hundred more individuals than the waiver program served	42997
in fiscal year 2001;	42998

(B) For fiscal year 2003, that the waiver program serve at	42999
least five hundred more individuals than the waiver program served	43000
in fiscal year 2002.	43001

Section 62.30. PREFERRED OPTION EVALUATION

43002

The Director of Job and Family Services shall evaluate the	43003
Medicaid managed care enrollment alternative known as Preferred	43004
Option. As part of the evaluation, the Director shall examine	43005
whether Preferred Option should be expanded to additional	43006
counties. Not later than June 30, 2003, the Director shall submit	43007
a report on the evaluation to the Governor, Speaker of the House	43008
of Representatives, and President of the Senate. The Director	43009
shall include in the report any findings made pursuant to the	43010
evaluation, including the Director's conclusions as to whether	43011
Preferred Option should be expanded to additional counties. The	43012
Director may not expand Preferred Option to any additional county	43013
before the Director submits the report.	43014

Section 62.31. (A) The Director of Job and Family Services	43015
shall continue operations through each of the local public	43016
employment offices described in section 4141.04 of the Revised	43017
Code that exist on the effective date of this section until	43018
January 1, 2002.	43019

(B) The Director shall present a detailed report to the	43020
members of the Finance and Appropriations Committee of the House	43021
of Representatives and of the Finance and Financial Institutions	43022
Committee of the Senate on or before October 1, 2001, that	43023
describes the Director's plan to cease the Department of Job and	43024
Family Services operations at the offices described in division	43025
(A) of this section and instead commence operations at telephone	43026
registration centers, mail claims centers, and one-stop employment	43027
centers. The report shall include all of the following	43028
information:	43029

(1) A description of plans to employ personnel for telephone	43030
registration centers and mail claims centers, including plans to	43031
possibly reassign personnel employed at the offices described in	43032
division (A) of this section to the telephone registration	43033
centers, mail claims centers, or one-stop employment centers, and	43034
a description of model plans and actual plans detailing the manner	43035
in which personnel would be employed in each telephone	43036
registration center, mail claims center, or one-stop employment	43037
center;	43038

(2) A fiscal analysis of the impact of the transition,	43039
including all of the following information that is presented in a	43040
manner so that the costs described in division (B)(2)(a) of this	43041
section can be readily compared to the costs described in division	43042
(B)(2)(b) of this section:	43043

(a) The cost of operating the existing offices described in	43044
division (A) of this section, including the costs for	43045
administration, facilities, and employing personnel;	43046

(b) The number of proposed telephone registration centers	43047
and mail claims centers and the projected operational costs of	43048
those centers, including, but not limited to, the cost of	43049
employing personnel for those centers, the administrative overhead	43050
costs of those centers, the initial costs to establish those	43051
centers, the long-term costs of maintaining those centers, and the	43052
cost of renting facilities for those centers, if rental is	43053
necessary.	43054

(3) The estimated cost projections of the initial start-up	43055
costs of transitioning from the existing offices described in	43056
division (A) of this section to the telephone registration	43057
centers, mail claims centers, and one-stop employment centers and	43058
the long-term operational costs of both operating those centers	43059
and assisting in providing personnel to staff the one-stop	43060
employment centers;	43061

(4) Funding projections that clearly indicate the amount of	43062
funding expected from federal, state, and local sources for the	43063
transition, and for maintaining the telephone registration centers	43064
and mail claims centers, and for assisting in providing personnel	43065
to staff the one-stop employment centers, with the amounts from	43066
each source stated separately;	43067

(5) Steps that the Director plans to take to assist local	43068
communities in improving services at one-stop employment centers	43069
so that service to unemployed individuals, other job seekers, and	43070
employers is not interrupted.	43071

(C) It is the intention of the General Assembly that during	43072
the period beginning on the effective date of this section and	43073
ending on January 1, 2002, the Director be strongly encouraged to	43074
negotiate with boards of county commissioners, local workforce	43075
policy boards, and other interested local officials in developing	43076
a plan to transfer operations from the offices described in	43077
division (A) of this section to telephone registration centers,	43078
mail claims centers, and one-stop employment centers. It is also	43079
the intention of the General Assembly that those negotiations	43080
include a process for agreeing to the division of resources and	43081
the allocation of costs between the Department of Job and Family	43082
Services, boards of county commissioners, and local workforce	43083
policy boards.	43084

Section 63.  JCO JUDICIAL CONFERENCE OF OHIO	43085

General Revenue Fund

43086

General Services Fund Group

43089

STATE COUNCIL OF UNIFORM STATE LAWS

43093

Notwithstanding section 105.26 of the Revised Code, of the	43094
foregoing appropriation item 018-321, Operating Expenses, up to	43095
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003	43096
may be used to pay the expenses of the State Council of Uniform	43097
State Laws, including membership dues to the National Conference	43098
of Commissioners on Uniform State Laws.	43099

OHIO JURY INSTRUCTIONS FUND

43100

The Ohio Jury Instructions Fund (Fund 403) shall consist of	43101
grants, royalties, dues, conference fees, bequests, devises, and	43102
other gifts received for the purpose of supporting costs incurred	43103
by the Judicial Conference of Ohio in dispensing education and	43104
informational data to the state's judicial system. Fund 403 shall	43105
be used by the Judicial Conference of Ohio to pay expenses	43106
incurred in dispensing educational and informational data to the	43107
state's judicial system. All moneys accruing to Fund 403 in	43108
excess of $200,000 in fiscal year 2002 and in excess of $200,000	43109
in fiscal year 2003 are hereby appropriated for the purposes	43110
authorized.	43111

No money in the Ohio Jury Instructions Fund shall be	43112
transferred to any other fund by the Director of Budget and	43113
Management or the Controlling Board.	43114

Section 64.  JSC THE JUDICIARY/SUPREME COURT

43115

General Revenue Fund

43116

General Services Fund Group

43122

State Special Revenue Fund Group

43125

Federal Special Revenue Fund Group

43130

LAW-RELATED EDUCATION

43134

The foregoing appropriation item 005-406, Law-Related	43135
Education, shall be distributed directly to the Ohio Center for	43136
Law-Related Education for the purposes of providing continuing	43137
citizenship education activities to primary and secondary	43138
students, expanding delinquency prevention programs, increasing	43139
activities for at-risk youth, and accessing additional public and	43140
private money for new programs.	43141

OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

43142

The foregoing appropriation item 005-502, Commission for	43143
Legal Education Opportunity, shall be used to fund the activities	43144
of the Commission for Legal Education Opportunity created by the	43145
Chief Justice of the Supreme Court of Ohio for the purpose of	43146
assisting minority, low-income, and educationally disadvantaged	43147
college graduates in the transition to legal education. Moneys	43148
appropriated to the Commission for Legal Education Opportunity may	43149
be used to establish and provide an intensive course of study	43150
designed to prepare eligible college graduates for law school	43151
education, provide annual stipends for students who successfully	43152
complete the course of study and are admitted to and maintain	43153
satisfactory academic standing in an Ohio law school, and pay the	43154
administrative costs associated with the program.	43155

CONTINUING JUDICIAL EDUCATION

43156

The Continuing Judicial Education Fund (Fund 672) shall	43157
consist of fees paid by judges and court personnel for attending	43158
continuing education courses and other gifts and grants received	43159
for the purpose of continuing judicial education. The foregoing	43160
appropriation item 005-601, Continuing Judicial Education, shall	43161
be used to pay expenses for continuing education courses for	43162
judges and court personnel. If it is determined by the	43163
Administrative Director of the Supreme Court that additional	43164
appropriations are necessary, the amounts are appropriated.	43165

No money in the Continuing Judicial Education Fund shall be	43166
transferred to any other fund by the Director of Budget and	43167
Management or the Controlling Board. Interest earned on moneys in	43168
the Continuing Judicial Education Fund shall be credited to the	43169
fund.	43170

ATTORNEY REGISTRATION

43171

In addition to funding other activities considered	43172
appropriate by the Supreme Court, the foregoing appropriation item	43173
005-605, Attorney Registration, may be used to compensate	43174
employees and fund the appropriate activities of the following	43175
offices established by the Supreme Court pursuant to the Rules for	43176
the Government of the Bar of Ohio: the Office of Disciplinary	43177
Counsel, the Board of Commissioners on Grievances and Discipline,	43178
the Clients' Security Fund, the Board of Commissioners on the	43179
Unauthorized Practice of Law, and the Office of Attorney	43180
Registration. If it is determined by the Administrative Director	43181
of the Supreme Court that additional appropriations are necessary,	43182
the amounts are hereby appropriated.	43183

No moneys in the Attorney Registration Fund shall be	43184
transferred to any other fund by the Director of Budget and	43185
Management or the Controlling Board. Interest earned on moneys in	43186
the Attorney Registration Fund shall be credited to the fund.	43187

SUPREME COURT ADMISSIONS

43188

The foregoing appropriation item 005-606, Supreme Court	43189
Admissions, shall be used to compensate Supreme Court employees	43190
who are primarily responsible for administering the attorney	43191
admissions program, pursuant to the Rules for the Government of	43192
the Bar of Ohio, and to fund any other activities considered	43193
appropriate by the court. Moneys shall be deposited into the	43194
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	43195
Court Rules for the Government of the Bar of Ohio. If it is	43196
determined by the Administrative Director of the Supreme Court	43197
that additional appropriations are necessary, the amounts are	43198
appropriated.	43199

No moneys in the Supreme Court Admissions Fund shall be	43200
transferred to any other fund by the Director of Budget and	43201
Management or the Controlling Board. Interest earned on moneys in	43202
the Supreme Court Admissions Fund shall be credited to the fund.	43203

CONTINUING LEGAL EDUCATION

43204

The foregoing appropriation item 005-607, Commission on	43205
Continuing Legal Education, shall be used to compensate employees	43206
of the Commission on Continuing Legal Education, established	43207
pursuant to the Supreme Court Rules for the Government of the Bar	43208
of Ohio, and to fund other activities of the commission considered	43209
appropriate by the court. If it is determined by the	43210
Administrative Director of the Supreme Court that additional	43211
appropriations are necessary, the amounts are appropriated.	43212

No moneys in the Continuing Legal Education Fund shall be	43213
transferred to any other fund by the Director of Budget and	43214
Management or the Controlling Board. Interest earned on moneys in	43215
the Continuing Legal Education Fund shall be credited to the fund.	43216

FEDERAL MISCELLANEOUS

43217

The Federal Miscellaneous Fund (3J0) shall consist of grants	43218
and other moneys awarded to the Supreme Court of Ohio (The	43219
Judiciary) by the United States Government, the State Justice	43220
Institute, or other entities that receive the moneys directly from	43221
the United States Government or the State Justice Institute and	43222
distribute those moneys to the Supreme Court of Ohio (The	43223
Judiciary). The foregoing appropriation item 005-603, Federal	43224
Grants, shall be used in a manner consistent with the purpose of	43225
the grant or award. If it is determined by the Administrative	43226
Director of the Supreme Court that additional appropriations are	43227
necessary, the amounts are appropriated.	43228

No money in the Federal Miscellaneous Fund shall be	43229
transferred to any other fund by the Director of Budget and	43230
Management or the Controlling Board. However, interest earned on	43231
moneys in the Federal Miscellaneous Fund shall be credited or	43232
transferred to the General Revenue Fund.	43233

Section 65.  LEC LAKE ERIE COMMISSION	43234

State Special Revenue Fund Group

43235

CASH TRANSFER

43241

Not later than the thirtieth day of November of each fiscal	43242
year, the Executive Director of the Ohio Lake Erie Office, with	43243
the approval of the Lake Erie Commission, shall certify to the	43244
Director of Budget and Management the cash balance in the Lake	43245
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	43246
operating expenses of the Lake Erie Office. The Ohio Lake Erie	43247
Office may request the Director of Budget and Management to	43248
transfer up to the certified amount from the Lake Erie Resources	43249
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	43250
Director of Budget and Management may transfer the requested	43251
amount, or the Director may transfer a different amount up to the	43252
certified amount. Cash transferred shall be used for the purposes	43253
described in division (A) of section 1506.23 of the Revised Code.	43254
The amount transferred by the director is appropriated to the	43255
foregoing appropriation item 780-601, Lake Erie Protection Fund,	43256
which shall be increased by the amount transferred.	43257

Section 66.  LRS LEGAL RIGHTS SERVICE	43258

General Revenue Fund

43259

General Services Fund Group

43265

Federal Special Revenue Fund Group

43271

Section 67.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE	43282

General Revenue Fund

43283

State Special Revenue Fund Group

43286

Section 68. LSC LEGISLATIVE SERVICE COMMISSION

43291

General Revenue Fund

43292

General Services Fund Group

43302

OPERATING EXPENSES

43308

On or before August 1, 2001, the Director of Budget and	43309
Management shall determine and certify to the Director of the	43310
Legislative Service Commission the total amount of unexpended,	43311
unobligated appropriations made to the Commission for fiscal year	43312
2001 in appropriation items 035-321 and 035-403. Additional	43313
appropriation authority equal to the amount certified by the	43314
Director of Budget and Management to the Director of the	43315
Legislative Service Commission, not to exceed $500,000, is hereby	43316
appropriated to appropriation item 035-321 Operating Expenses, for	43317
fiscal year 2002.	43318

ATMS REPLACEMENT PROJECT

43319

Of the foregoing appropriation item 035-406, ATMS Replacement	43320
Project, any amounts not used for the ATMS project may be used to	43321
pay the operating expenses of the Legislative Service Commission.	43322

LEGISLATIVE TASK FORCE ON REDISTRICTING

43323

On or before August 1, 2001, the Director of Budget and	43324
Management shall determine and certify to the Director of the	43325
Legislative Service Commission the total amount of unexpended,	43326
unobligated appropriations made to the Commission for fiscal year	43327
2001 in appropriation item 035-407, Legislative Task Force on	43328
Redistricting. Additional appropriation authority equal to the	43329
amount certified by the Director of Budget and Management to the	43330
Director of the Legislative Service Commission is hereby	43331
appropriated to appropriation item 035-407, Legislative Task Force	43332
on Redistricting, for fiscal year 2002.	43333

NATIONAL ASSOCIATIONS

43334

Of the foregoing appropriation item 035-409, National	43335
Associations, $10,000 in each fiscal year shall be used for the	43336
State and Local Legal Center.	43337

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

43338

The foregoing appropriation item 035-404, Legislative Office	43339
of Education Oversight, shall be used to support the legislative	43340
oversight activities of the Legislative Committee on Education	43341
Oversight established in section 3301.68 of the Revised Code.	43342

Section 69.  LIB STATE LIBRARY BOARD

43343

General Revenue Fund

43344

General Services Fund Group

43351

Federal Special Revenue Fund Group

43357

OHIOANA RENTAL PAYMENTS

43362

The foregoing appropriation item 350-401, Ohioana Rental	43363
Payments, shall be used to pay the rental expenses of the Martha	43364
Kinney Cooper Ohioana Library Association pursuant to section	43365
3375.61 of the Revised Code.	43366

REGIONAL LIBRARY SYSTEMS

43367

The foregoing appropriation item 350-502, Regional Library	43368
Systems, shall be used to support regional library systems	43369
eligible for funding under section 3375.90 of the Revised Code.	43370

OHIO PUBLIC LIBRARY INFORMATION NETWORK

43371

The foregoing appropriation item 350-604, OPLIN Technology,	43372
shall be used for an information telecommunications network	43373
linking public libraries in the state and such others as may be	43374
certified as participants by the Ohio Public Library Information	43375
Network Board.	43376

The Ohio Public Library Information Network Board shall	43377
consist of eleven members appointed by the State Library Board	43378
from among the staff of public libraries and past and present	43379
members of boards of trustees of public libraries, based on the	43380
recommendations of the Ohio library community. The Ohio Public	43381
Library Information Network Board in consultation with the State	43382
Library shall develop a plan of operations for the network. The	43383
Board shall have the authority to make decisions regarding the use	43384
of the foregoing appropriation item 350-604, OPLIN Technology, and	43385
to receive and expend grants to carry out the operations of the	43386
network in accordance with state law and the authority to appoint	43387
and fix the compensation of a director and necessary staff. The	43388
State Library will be the fiscal agent for the network and shall	43389
have fiscal accountability for the expenditure of funds. The Ohio	43390
Public Library Information Network Board members shall be	43391
reimbursed for actual travel and necessary expenses incurred in	43392
the carrying out of their responsibilities.	43393

In order to limit access to obscene and illegal materials	43394
through internet use at Ohio Public Library Information Network	43395
(OPLIN) terminals, local libraries with OPLIN computer terminals	43396
shall adopt policies that control access to obscene and illegal	43397
materials. These policies may include use of technological	43398
systems to select or block certain internet access. The OPLIN	43399
shall condition provision of its funds, goods, and services on	43400
compliance with these policies. The OPLIN board shall also adopt	43401
and communicate specific recommendations to local libraries on	43402
methods to control such improper usage. These methods may include	43403
each library implementing a written policy controlling such	43404
improper use of library terminals and requirements for parental	43405
involvement or written authorization for juvenile internet usage.	43406

The OPLIN board shall research and assist or advise local	43407
libraries with emerging technologies and methods that may be	43408
effective means to control access to obscene and illegal	43409
materials. The OPLIN Executive Director shall biannually provide	43410
written reports to the Governor, the Speaker and Minority Leader	43411
of the House of Representatives, and the President and Minority	43412
Leader of the Senate on any steps being taken by OPLIN and public	43413
libraries in this state to limit and control such improper usage	43414
as well as information on technological, legal, and law	43415
enforcement trends nationally and internationally affecting this	43416
area of public access and service.	43417

The Ohio Public Library Information Network, InfOhio, and	43418
OhioLink shall, to the extent feasible, coordinate and cooperate	43419
in their purchase or other acquisition of the use of electronic	43420
databases for their respective users and shall contribute funds in	43421
an equitable manner to such effort.	43422

TRANSFER TO OPLIN TECHNOLOGY FUND

43423

Notwithstanding sections 5747.03 and 5747.47 of the Revised	43424
Code and any other provision of law to the contrary, in accordance	43425
with a schedule established by the Director of Budget and	43426
Management, (A) in fiscal year 2002, the Director of Budget and	43427
Management shall transfer $6,361,095 from the Library and Local	43428
Government Support Fund (Fund 065) to the OPLIN Technology Fund	43429
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget	43430
and Management shall transfer $6,477,962 from the Library and	43431
Local Government Support Fund (Fund 065) to the OPLIN Technology	43432
Fund (Fund 4S4).	43433

Section 70.  LCO LIQUOR CONTROL COMMISSION	43434

Liquor Control Fund Group

43435

Section 71.  LOT STATE LOTTERY COMMISSION	43440

State Lottery Fund Group

43441

OPERATING EXPENSES

43452

The foregoing appropriation items include all amounts	43453
necessary for the purchase and printing of tickets, consultant	43454
services, and advertising. The Controlling Board may, at the	43455
request of the State Lottery Commission, authorize additional	43456
appropriations for operating expenses of the State Lottery	43457
Commission from the State Lottery Fund up to a maximum of 15 per	43458
cent of anticipated total revenue accruing from the sale of	43459
lottery tickets.	43460

PRIZES, BONUSES, AND COMMISSIONS

43461

Any amounts, in addition to the amounts appropriated in	43462
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	43463
are determined by the Director of the State Lottery Commission to	43464
be necessary to fund prizes, bonuses, and commissions are	43465
appropriated.	43466

ANNUITY PRIZES

43467

With the approval of the Office of Budget and Management, the	43468
State Lottery Commission shall transfer cash from the State	43469
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	43470
(Fund 871) in an amount sufficient to fund deferred prizes. The	43471
Treasurer of State, from time to time, shall credit the Deferred	43472
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	43473
by the Treasurer of State on invested balances.	43474

Any amounts, in addition to the amounts appropriated in	43475
appropriation item 950-602, Annuity Prizes, that are determined by	43476
the Director of the State Lottery Commission to be necessary to	43477
fund deferred prizes and interest earnings are appropriated.	43478

Section 72.  MED STATE MEDICAL BOARD	43479

General Services Fund Group

43480

Section 73.  DMH DEPARTMENT OF MENTAL HEALTH

43485

Division of General Administration Intragovernmental Service Fund	43486
Group	43487

Division of Mental Health--

43491

Psychiatric Services to Correctional Facilities

43492

General Revenue Fund

43493

FORENSIC SERVICES

43497

The foregoing appropriation item 322-401, Forensic Services,	43498
shall be used to provide psychiatric services to courts of common	43499
pleas. The appropriation shall be allocated through community	43500
mental health boards to certified community agencies and shall be	43501
distributed according to the criteria delineated in rule	43502
5122:4-1-01 of the Administrative Code. These community forensic	43503
funds may also be used to provide forensic training to community	43504
mental health boards and to forensic psychiatry residency programs	43505
in hospitals operated by the Department of Mental Health and to	43506
provide evaluations of patients of forensic status in facilities	43507
operated by the Department of Mental Health prior to conditional	43508
release to the community.	43509

In addition, appropriation item 332-401, Forensic Services,	43510
may be used to support projects involving mental health, substance	43511
abuse, courts, and law enforcement to identify and develop	43512
appropriate alternative services to institutionalization for	43513
nonviolent mentally ill offenders, and to provide linkage to	43514
community services for severely mentally disabled offenders	43515
released from institutions operated by the Department of	43516
Rehabilitation and Correction. Funds may also be utilized to	43517
provide forensic monitoring and tracking in addition to community	43518
programs serving persons of forensic status on conditional release	43519
or probation.	43520

Division of Mental Health--

43521

Administration and Statewide Programs

43522

General Revenue Fund

43523

General Services Fund Group

43532

Federal Special Revenue Fund Group

43535

State Special Revenue Fund Group

43543

RESIDENCY TRAINEESHIP PROGRAMS

43550

The foregoing appropriation item 333-402, Resident Trainees,	43551
shall be used to fund training agreements entered into by the	43552
Department of Mental Health for the development of curricula and	43553
the provision of training programs to support public mental health	43554
services.	43555

PRE-ADMISSION SCREENING EXPENSES

43556

The foregoing appropriation item 333-403, Pre-Admission	43557
Screening Expenses, shall be used to pay for costs to ensure that	43558
uniform statewide methods for pre-admission screening are in place	43559
to perform assessments for persons in need of mental health	43560
services or for whom institutional placement in a hospital or in	43561
another inpatient facility is sought. Pre-admission screening	43562
includes the following activities: pre-admission assessment,	43563
consideration of continued stay requests, discharge planning and	43564
referral, and adjudication of appeals and grievance procedures.	43565

RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION

43566

The foregoing appropriation item 333-415, Lease-Rental	43567
Payments, shall be used to meet all payments at the times they are	43568
required to be made during the period from July 1, 2001, to June	43569
30, 2003, by the Department of Mental Health pursuant to leases	43570
and agreements made under section 154.20 of the Revised Code, but	43571
limited to the aggregate amount of $51,030,200. Nothing in this	43572
act shall be deemed to contravene the obligation of the state to	43573
pay, without necessity for further appropriation, from the sources	43574
pledged thereto, the bond service charges on obligations issued	43575
pursuant to section 154.20 of the Revised Code.	43576

Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS	43577

General Revenue Fund

43578

General Services Fund Group

43582

Federal Special Revenue Fund Group

43587

State Special Revenue Fund Group

43594

COMMUNITY MENTAL HEALTH BOARD RISK FUND

43600

The foregoing appropriation item 334-636, Community Mental	43601
Health Board Risk Fund, shall be used to make payments pursuant to	43602
section 5119.62 of the Revised Code.	43603

Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	43604
SERVICES	43605

General Revenue Fund

43606

General Services Fund Group

43611

Federal Special Revenue Fund Group

43615

State Special Revenue Fund Group

43620

Section 73.03.  COMMUNITY MEDICATION SUBSIDY

43639

The foregoing appropriation item 335-419, Community	43640
Medication Subsidy, shall be used to provide subsidized support	43641
for psychotropic medication needs of indigent citizens in the	43642
community to reduce unnecessary hospitalization because of lack of	43643
medication and to provide subsidized support for methadone costs.	43644

GENERAL COMMUNITY MENTAL HEALTH PROGRAMS

43645

The foregoing appropriation item 335-502, Community Mental	43646
Health Programs, shall be distributed by the Department of Mental	43647
Health on a per capita basis to community mental health boards.	43648

The purpose of the appropriation is to provide subsidized	43649
support for general mental health services to Ohioans. The range	43650
of mental health services eligible for funding shall be defined in	43651
a Department of Mental Health rule. Community mental health	43652
boards shall allocate funds in support of these services in	43653
accordance with the mental health needs of the community.	43654

MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS

43655

The foregoing appropriation item 335-508, Services for	43656
Severely Mentally Disabled, shall be used to fund mental health	43657
services for adults and children who meet or have formerly met	43658
criteria established by the Department of Mental Health under its	43659
definition of severely mentally disabled. Those adults and	43660
children who constitute severely mentally disabled include those	43661
with a history of recent or chronic psychiatric hospitalizations,	43662
a history of psychosis, a prognosis of continued severe social and	43663
adaptive functioning impairment, or those certified impaired by	43664
the Social Security Administration for reasons of mental illness.	43665
In addition to the above, children and adolescents who are	43666
currently determined to be severely mentally disabled, or who are	43667
at risk of becoming severely mental disabled, and who are already	43668
in or about to enter the juvenile justice system, or child welfare	43669
system, or receiving special education services within the	43670
education system may also receive services funded by appropriation	43671
item 335-508, Services for Severely Mentally Disabled.	43672

Of the foregoing appropriation item 335-508, Services for	43673
Severely Mentally Disabled, $100,000 in each fiscal year shall be	43674
used to fund family and consumer education and support.	43675

Of the foregoing appropriation item 335-508, Services for	43676
Severely Mentally Disabled, $2.7 million in each fiscal year shall	43677
be used to transfer cash from the General Revenue Fund to Fund	43678
4N8, Family Stability Incentive. This transfer shall be made	43679
using an intrastate transfer voucher.	43680

MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS

43681

Any cash transferred for juvenile offenders projects from the	43682
Department of Youth Services, the Department of Job and Family	43683
Services, the Office of Criminal Justice Services, or other state	43684
agencies to the Department of Mental Health (Fund 149) shall be	43685
used by the Department of Mental Health to fund local mental	43686
health services to juvenile offenders projects that are designed	43687
to address the mental health needs of juvenile offenders with	43688
serious mental illness.	43689

BEHAVIORAL HEALTH MEDICAID SERVICES

43690

The Department of Mental Health shall administer specified	43691
Medicaid Services as delegated by the Department of Job and Family	43692
Services in an interagency agreement. The foregoing appropriation	43693
item 333-607, Behavioral Health Medicaid Services, may be used to	43694
make payments for free-standing psychiatric hospital inpatient	43695
services as defined in an interagency agreement with the	43696
Department of Job and Family Services.	43697

Section 74.  DMR DEPARTMENT OF MENTAL RETARDATION	43698

AND DEVELOPMENTAL DISABILITIES

43699

Section 74.01.  GENERAL ADMINISTRATION AND STATEWIDE

43700

SERVICES

43701

General Revenue Fund

43702

General Services Fund Group

43708

Federal Special Revenue Fund Group

43712

LEASE-RENTAL PAYMENTS

43721

The foregoing appropriation item 320-415, Lease-Rental	43722
Payments, shall be used to meet all payments at the times they are	43723
required to be made during the period from July 1, 2001, to June	43724
30, 2003, by the Department of Mental Retardation and	43725
Developmental Disabilities pursuant to leases and agreements made	43726
under section 154.20 of the Revised Code, but limited to the	43727
aggregate amount of $51,030,200. Nothing in this act shall be	43728
deemed to contravene the obligation of the state to pay, without	43729
necessity for further appropriation, from the sources pledged	43730
thereto, the bond service charges on obligations issued pursuant	43731
to section 154.20 of the Revised Code.	43732

Section 74.02. COMMUNITY SERVICES

43733

General Revenue Fund

43734

General Services Fund Group

43742

Federal Special Revenue Fund Group

43751

State Special Revenue Fund Group

43766

RESIDENTIAL AND SUPPORT SERVICES

43773

The foregoing appropriation item 322-413, Residential and	43774
Support Services, shall be used for any of the following:	43775

(A) Home and community-based waiver services pursuant to	43776
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	43777
U.S.C. 301, as amended;	43778

(B) Services contracted by county boards of mental	43779
retardation and developmental disabilities;	43780

(C) Supported living services contracted by county boards of	43781
mental retardation and developmental disabilities in accordance	43782
with sections 5126.40 to 5126.47 of the Revised Code;	43783

(D) Sermak Class Services used to implement the requirements	43784
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	43785
United States District Court for the Southern District of Ohio,	43786
Eastern Division;	43787

(E) Other Medicaid-reimbursed programs, in an amount not to	43788
exceed $1,000,000 in each fiscal year, that enable persons with	43789
mental retardation and developmental disabilities to live in the	43790
community.	43791

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	43792
the Department of Mental Retardation and Developmental	43793
Disabilities may develop residential and support service programs	43794
that enable persons with mental retardation and developmental	43795
disabilities to live in the community. Notwithstanding Chapter	43796
5121. and section 5123.122 of the Revised Code, the department may	43797
waive the support collection requirements of those statutes for	43798
persons in community programs developed by the department under	43799
this section. The department shall adopt rules under Chapter 119.	43800
of the Revised Code or may use existing rules for the	43801
implementation of these programs.	43802

The Department of Mental Retardation and Developmental	43803
Disabilities may designate a portion of appropriation item	43804
332-413, Residential and Support Services, to county boards of	43805
mental retardation and developmental disabilities that have	43806
greater need for various residential and support services due to a	43807
low percentage of residential and support services development in	43808
comparison to the number of individuals with mental retardation or	43809
developmental disabilities in the county.	43810

Of the foregoing appropriation item 322-413, Residential and	43811
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	43812
fiscal year 2003 shall be distributed by the Department to county	43813
boards of mental retardation and developmental disabilities to	43814
support Medicaid activities provided for in the component of a	43815
county board's plan developed under division (A)(2) of section	43816
5126.054 of the Revised Code and approved under section 5123.046	43817
of the Revised Code. Up to $3,000,000 of these funds in each	43818
fiscal year may be used to implement day-to-day program management	43819
services under division (A)(2) of section 5126.054 of the Revised	43820
Code. Up to $4,200,000 in each fiscal year may be used to	43821
implement the program and health and welfare requirements of	43822
division (A)(2) of section 5126.054 of the Revised Code.	43823

In fiscal years 2002 and 2003, not less than $2,500,000 and	43824
$2,650,000, respectively, of these funds shall be used to recruit	43825
and retain, under division (A)(2) of section 5126.054 of the	43826
Revised Code, the direct care staff necessary to implement the	43827
services included in an individualized service plan in a manner	43828
that ensures the health and welfare of the individuals being	43829
served.	43830

FAMILY SUPPORT SERVICES

43831

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	43832
5126.11 of the Revised Code, the Department of Mental Retardation	43833
and Developmental Disabilities may implement programs funded by	43834
appropriation item 322-451, Family Support Services, to provide	43835
assistance to persons with mental retardation or developmental	43836
disabilities and their families who are living in the community.	43837
The department shall adopt rules to implement these programs.	43838

CASE MANAGEMENT

43839

The foregoing appropriation item 322-452, Case Management,	43840
shall be allocated to county boards of mental retardation and	43841
developmental disabilities for the purpose of providing case	43842
management services and to assist in bringing state funding for	43843
all department-approved case managers within county boards of	43844
mental retardation and developmental disabilities to the level	43845
authorized in division (D) of section 5126.15 of the Revised Code.	43846
The department may request approval from the Controlling Board to	43847
transfer any unobligated appropriation authority from other state	43848
General Revenue Fund appropriation items within the department's	43849
budget to appropriation item 322-452, Case Management, to be used	43850
to meet the statutory funding level in division (D) of section	43851
5126.15 of the Revised Code.	43852

Notwithstanding division (D) of section 5126.15 of the	43853
Revised Code and subject to funding in appropriation item 322-452,	43854
Case Management, no county may receive less than its allocation in	43855
fiscal year 1995.	43856

STATE SUBSIDIES TO MR/DD BOARDS

43857

Of the foregoing appropriation item 322-501, County Boards	43858
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	43859
fiscal year 2003 shall be used to fund the tax equalization	43860
program created under sections 5126.16 to 5126.18 of the Revised	43861
Code for county boards of mental retardation and developmental	43862
disabilities. The tax equalization program shall utilize the	43863
average daily membership of adults 22 years of age and older in	43864
habilitation and community employment services only for the yield	43865
on 1/2 mills.	43866

After funding the tax equalization program, the Department of	43867
Mental Retardation and Developmental Disabilities shall distribute	43868
the remaining appropriation authority in appropriation item	43869
322-501, County Boards Subsidies, to county boards of mental	43870
retardation and developmental disabilities for subsidies	43871
distributed pursuant to section 5126.12 of the Revised Code to the	43872
limit of the lesser of the amount required by that section or the	43873
remaining balance of the appropriation authority in appropriation	43874
item 322-501 prorated to all county boards of mental retardation	43875
and developmental disabilities.	43876

INTERSYSTEM SERVICES FOR CHILDREN

43877

The foregoing appropriation item 322-645, Intersystem	43878
Services for Children, shall be used to support direct grants to	43879
county family and children first councils created under section	43880
121.37 of the Revised Code. The funds shall be used as partial	43881
support payment and reimbursement for locally coordinated	43882
treatment plans for multi-needs children that come to the	43883
attention of the Family and Children First Cabinet Council	43884
pursuant to section 121.37 of the Revised Code. Any child	43885
referred for funding under this program must have an	43886
individualized educational plan (IEP) in place. The Department of	43887
Mental Retardation and Developmental Disabilities may use up to	43888
five per cent of this amount for administrative expenses	43889
associated with the distribution of funds to the county councils.	43890

WAIVER - MATCH

43891

The foregoing appropriation item 322-604, Waiver-Match (Fund	43892
4K8), shall be used as state matching funds for the home and	43893
community-based waivers.	43894

The Department of Job and Family Services may enter into an	43895
interagency agreement with the Department of Mental Retardation	43896
and Developmental Disabilities providing for the Department of	43897
Mental Retardation and Developmental Disabilities to operate the	43898
program.	43899

DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR	43900
SERVICES RENDERED	43901

Developmental centers of the Department of Mental Retardation	43902
and Developmental Disabilities may provide services to persons	43903
with mental retardation or developmental disabilities living in	43904
the community or to providers of services to these persons. The	43905
department may develop a methodology for recovery of all costs	43906
associated with the provisions of these services.	43907

Section 74.03.  RESIDENTIAL FACILITIES

43908

General Revenue Fund

43909

General Services Fund Group

43913

Federal Special Revenue Fund Group

43918

State Special Revenue Fund Group

43927

Section 75.  MIH COMMISSION ON MINORITY HEALTH	43945

General Revenue Fund

43946

Federal Special Revenue Fund Group

43951

State Special Revenue Fund Group

43955

LUPUS PROGRAM

43960

The foregoing appropriation item 149-502, Lupus Program,	43961
shall be used to provide grants for programs in patient, public,	43962
and professional education on the subject of systemic lupus	43963
erythemtosus; to encourage and develop local centers on lupus	43964
information gathering and screening; and to provide outreach to	43965
minority women.	43966

Section 76.  CRB MOTOR VEHICLE COLLISION REPAIR	43967

REGISTRATION BOARD

43968

General Service Fund Group

43969

Section 77.  DNR DEPARTMENT OF NATURAL RESOURCES

43975

General Revenue Fund

43976

General Services Fund Group

44000

Federal Special Revenue Fund Group

44020

State Special Revenue Fund Group

44036

Wildlife Fund Group

44060

Waterways Safety Fund Group

44068

Holding Account Redistribution Fund Group

44079

Accrued Leave Liability Fund Group

44084

Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT	44090
SERVICE	44091

The foregoing appropriation item 725-903, Natural Resources	44092
General Obligation Debt Service, shall be used to pay all debt	44093
service and financing costs at the times they are required to be	44094
made pursuant to sections 151.01 and 151.05 of the Revised Code	44095
during the period from July 1, 2001, to June 30, 2003. The Office	44096
of the Sinking Fund or the Director of Budget and Management shall	44097
effectuate the required payments by an intrastate transfer	44098
voucher.	44099

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

44100

The foregoing appropriation item 725-904, Conservation	44101
General Obligation Debt Service, shall be used to pay all debt	44102
service and financing costs at the times they are required to be	44103
made pursuant to section 151.01 of the Revised Code and other	44104
implementing legislation during the period from July 1, 2001, to	44105
June 30, 2003. The Office of the Sinking Fund or the Director of	44106
Budget and Management shall effectuate the required payments by an	44107
intrastate transfer voucher.	44108

LEASE RENTAL PAYMENTS

44109

The foregoing appropriation item 725-413, OPFC Lease Rental	44110
Payments, shall be used to meet all payments at the times they are	44111
required to be made during the period from July 1, 2001, to June	44112
30, 2003, by the Department of Natural Resources pursuant to	44113
leases and agreements made under section 154.22 of the Revised	44114
Code, but limited to the aggregate amount of $30,490,500. Nothing	44115
in this act shall be deemed to contravene the obligation of the	44116
state to pay, without necessity for further appropriation, from	44117
the sources pledged thereto, the bond service charges on	44118
obligations issued pursuant to section 154.22 of the Revised Code.	44119

FOUNTAIN SQUARE

44120

The foregoing appropriation item 725-404, Fountain Square	44121
Rental Payments - OBA, shall be used by the Department of Natural	44122
Resources to meet all payments required to be made to the Ohio	44123
Building Authority during the period from July 1, 2001, to June	44124
30, 2003, pursuant to leases and agreements with the Ohio Building	44125
Authority under section 152.241 of the Revised Code, but limited	44126
to the aggregate amount of $2,181,500.	44127

The Director of Natural Resources, using intrastate transfer	44128
vouchers, shall make payments to the General Revenue Fund from	44129
funds other than the General Revenue Fund to reimburse the General	44130
Revenue Fund for the other funds' shares of the lease rental	44131
payments to the Ohio Building Authority. The transfers from the	44132
non-General Revenue funds shall be made within 10 days of the	44133
payment to the Ohio Building Authority for the actual amounts	44134
necessary to fulfill the leases and agreements pursuant to section	44135
152.241 of the Revised Code.	44136

The foregoing appropriation item 725-664, Fountain Square	44137
Facilities Management (Fund 635), shall be used for payment of	44138
repairs, renovation, utilities, property management, and building	44139
maintenance expenses for the Fountain Square Complex. Cash	44140
transferred by intrastate transfer vouchers from various	44141
department funds and rental income received by the Department of	44142
Natural Resources shall be deposited to the Fountain Square	44143
Facilities Management Fund (Fund 635).	44144

Section 77.02. CENTRAL SUPPORT INDIRECT

44145

With the exception of the Division of Wildlife, whose	44146
indirect central support charges shall be paid out of the General	44147
Revenue Fund from the foregoing appropriation item 725-401,	44148
Wildlife - GRF Central Support, the Department of Natural	44149
Resources, with the approval of the Director of Budget and	44150
Management, shall utilize a methodology for determining each	44151
division's payments into the Central Support Indirect Fund (Fund	44152
157). The methodology used shall contain the characteristics of	44153
administrative ease and uniform application. Payments to the	44154
Central Support Indirect Fund shall be made using an intrastate	44155
transfer voucher.	44156

WILDLIFE LICENSE REIMBURSEMENT

44157

Notwithstanding the limits of the transfer from the General	44158
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	44159
of the Revised Code, up to the amount available in appropriation	44160
item 725-425, Wildlife License Reimbursement, may be transferred	44161
from the General Revenue Fund to the Wildlife Fund (Fund 015).	44162
Pursuant to the certification of the Director of Budget and	44163
Management of the amount of foregone revenue in accordance with	44164
section 1533.15 of the Revised Code, the foregoing appropriation	44165
item in the General Revenue Fund, appropriation item 725-425,	44166
Wildlife License Reimbursement, shall be used to reimburse the	44167
Wildlife Fund (Fund 015) for the cost of hunting and fishing	44168
licenses and permits issued after June 30, 1990, to individuals	44169
who are exempted under the Revised Code from license, permit, and	44170
stamp fees.	44171

SOIL AND WATER DISTRICTS

44172

In addition to state payments to soil and water conservation	44173
districts authorized by section 1515.10 of the Revised Code, the	44174
Department of Natural Resources may pay to any soil and water	44175
conservation district, from authority in appropriation item	44176
725-502, Soil and Water Districts, an annual amount not to exceed	44177
$30,000, upon receipt of a request and justification from the	44178
district and approval by the Ohio Soil and Water Conservation	44179
Commission. The county auditor shall credit the payments to the	44180
special fund established under section 1515.10 of the Revised Code	44181
for the local soil and water conservation district. Moneys	44182
received by each district shall be expended for the purposes of	44183
the district.	44184

Of the foregoing appropriation item 725-502, Soil and Water	44185
Districts, $150,000 in each fiscal year shall be distributed to	44186
the Muskingum Watershed Conservancy District and $50,000 in each	44187
fiscal year shall be distributed to the Livestock Assurance	44188
Program.	44189

Of the foregoing appropriation 725-502, Soil and Water	44190
Districts, $136,000 shall be earmarked in fiscal year 2002 for	44191
Indian Lake, $56,000 per fiscal year for the Conservation Action	44192
Program, $48,000 in fiscal year 2002 for Millcreek Valley	44193
Conservation District, $40,000 per fiscal year for Wills Creek	44194
Reservoir, $120,000 in fiscal year 2002 for the relocation of	44195
Route 30, and $100,000 per fiscal year for Rush Creek Conservancy	44196
District.	44197

DIVISION OF SOIL AND WATER

44198

Of the foregoing appropriation item 737-321, Division of Soil	44199
and Water, $220,000 in each fiscal year shall be distributed to	44200
the Water Quality Laboratory located at Heidelberg College.	44201

CANAL LANDS

44202

The foregoing appropriation item 725-456, Canal Lands, shall	44203
be used to transfer funds to the Canal Lands Fund (Fund 430) to	44204
provide operating expenses for the State Canal Lands Program. The	44205
transfer shall be made using an intrastate transfer voucher and	44206
shall be subject to the approval of the Director of Budget and	44207
Management.	44208

WATERCRAFT MARINE PATROL

44209

Of the foregoing appropriation item 739-401, Division of	44210
Watercraft, not more than $200,000 in each fiscal year shall be	44211
expended for the purchase of equipment for marine patrols	44212
qualifying for funding from the Department of Natural Resources	44213
pursuant to section 1547.67 of the Revised Code. Proposals for	44214
equipment shall accompany the submission of documentation for	44215
receipt of a marine patrol subsidy pursuant to section 1547.67 of	44216
the Revised Code and shall be loaned to eligible marine patrols	44217
pursuant to a cooperative agreement between the Department of	44218
Natural Resources and the eligible marine patrol.	44219

FUND CONSOLIDATION

44220

On July 15, 2001, or as soon thereafter as possible, the	44221
Director of Budget and Management shall transfer the cash balances	44222
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	44223
any amounts that accrue to that fund after that date, to the	44224
Wildlife Education Fund (Fund 015). The Director shall cancel any	44225
remaining outstanding encumbrances against appropriation item	44226
725-612, Wildlife Education, and reestablish them against	44227
appropriation item 740-401, Division of Wildlife Conservation. The	44228
amounts of any encumbrances canceled and reestablished are	44229
appropriated.	44230

On July 15, 2001, or as soon thereafter as possible, the	44231
Director of Budget and Management shall transfer the cash balances	44232
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	44233
30, 2001, and any amounts that accrue to that fund after that	44234
date, to the Waterways Safety Fund (Fund 086). The director shall	44235
cancel any remaining outstanding encumbrances against	44236
appropriation item 725-614, Cooperative Boat Harbor Projects, and	44237
reestablish them against appropriation item 739-401, Division of	44238
Watercraft. The amounts of any encumbrances canceled and	44239
reestablished are hereby appropriated.	44240

On July 15, 2001, or as soon thereafter as possible, the	44241
Director of Budget and Management shall transfer the cash balances	44242
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	44243
and any amounts that accrue to that fund after that date, to the	44244
State Forest Fund (Fund 509). The director shall cancel any	44245
remaining outstanding encumbrances against appropriation item	44246
725-617, Forestry Development Fund, and reestablish them against	44247
appropriation item 725-602, State Forest. The amounts of any	44248
encumbrances canceled and reestablished are appropriated. No	44249
interest shall be credited to Fund 4B8 after June 30, 2001.	44250

On July 15, 2001, or as soon thereafter as possible, the	44251
Director of Budget and Management shall transfer the cash balance	44252
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	44253
the repeal of section 1507.12 of the Revised Code in this act, to	44254
the Burr Oak Regional Water District.	44255

OIL AND GAS WELL PLUGGING

44256

The foregoing appropriation item 725-677, Oil and Gas Well	44257
Plugging, shall be used exclusively for the purposes of plugging	44258
wells and to properly restore the land surface of idle and orphan	44259
oil and gas wells pursuant to section 1509.071 of the Revised	44260
Code. No funds from the appropriation item shall be used for	44261
salaries, maintenance, equipment, or other administrative	44262
purposes, except for those costs directly attributed to the	44263
plugging of an idle or orphan well. Appropriation authority from	44264
this line item shall not be transferred to any other fund or line	44265
item.	44266

Section 78.  NUR STATE BOARD OF NURSING	44267

General Services Fund Group

44268

NURSING SPECIAL ISSUES	44274

The foregoing appropriation item 884-601, Nursing Special	44275
Issues (Fund 5P8), shall be used to pay the costs the Board of	44276
Nursing incurs in implementing section 4723.062 of the Revised	44277
Code.	44278

Section 79.  PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	44279

AND ATHLETIC TRAINERS BOARD

44280

General Services Fund Group

44281

Section 80.  OLA OHIOANA LIBRARY ASSOCIATION

44287

General Revenue Fund

44288

Section 81.  ODB OHIO OPTICAL DISPENSERS BOARD	44293

General Services Fund Group

44294

Section 82.  OPT STATE BOARD OF OPTOMETRY	44300

General Services Fund Group

44301

Section 83.  PBR STATE PERSONNEL BOARD OF REVIEW	44307

General Revenue Fund

44308

General Services Fund Group

44311

TRANSCRIPT AND OTHER

44316

The foregoing appropriation item 124-601, Transcript and	44317
Other, may be used to produce and distribute transcripts and other	44318
documents. Revenues generated by charges for transcripts and	44319
other documents shall be deposited in the Transcripts and Other	44320
Fund (Fund 636).	44321

Section 84.  PRX STATE BOARD OF PHARMACY	44322

General Services Fund Group

44323

Section 85.  SCR STATE BOARD OF PROPRIETARY SCHOOL	44330

REGISTRATION

44331

General Revenue Fund

44332

Section 86.  PSY STATE BOARD OF PSYCHOLOGY	44339

General Services Fund Group

44340

Section 87.  PUB OHIO PUBLIC DEFENDER COMMISSION	44346

General Revenue Fund

44347

General Services Fund Group

44356

Federal Special Revenue Fund Group

44364

State Special Revenue Fund Group

44370

INDIGENT DEFENSE OFFICE

44378

The foregoing appropriation items 019-404, Trumbull County -	44379
State Share, and 019-610, Trumbull County - County Share, shall be	44380
used to support an indigent defense office for Trumbull County.	44381

MULTI-COUNTY OFFICE

44382

The foregoing appropriation items 019-403, Multi-County:	44383
State Share, and 019-601, Multi-County: County Share, shall be	44384
used to support the Office of the Ohio Public Defender's	44385
Multi-County Branch Office program.	44386

TRAINING ACCOUNT

44387

The foregoing appropriation item 019-405, Training Account,	44388
shall be used by the Ohio Public Defender to provide legal	44389
training programs at no cost for private appointed counsel who	44390
represent at least one indigent defendant at no cost, and for	44391
state and county public defenders and attorneys who contract with	44392
the Ohio Public Defender to provide indigent defense services.	44393

FEDERAL REPRESENTATION

44394

The foregoing appropriation item 019-608, Federal	44395
Representation, shall be used to receive reimbursements from the	44396
federal courts when the Ohio Public Defender provides	44397
representation on federal court cases.	44398

Section 88.  DHS DEPARTMENT OF PUBLIC SAFETY

44399

General Revenue Fund

44400

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

44407

Of the foregoing appropriation item 763-403, Operating	44408
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	44409
the Ohio Task Force One - Urban Search and Rescue Unit and other	44410
urban search and rescue programs around the state to create a	44411
stronger search and rescue capability statewide.	44412

IFG STATE MATCH

44413

The foregoing appropriation item 763-507, Individual and	44414
Family Grants, shall be used to fund the state share of costs to	44415
provide grants to individuals and families in cases of disaster.	44416

Section 89.  PUC PUBLIC UTILITIES COMMISSION OF OHIO	44417

General Services Fund Group

44418

Federal Special Revenue Fund Group

44425

State Special Revenue Fund Group

44431

Agency Fund Group

44444

BIOMASS ENERGY PROGRAM FUND

44448

The Biomass Energy Program Fund created by section 4905.87 of	44449
the Revised Code is the same fund, with a new name, as the	44450
Biofuels/Municipal Waste Technology Fund created by the	44451
Controlling Board in January 1988.	44452

Section 90. PWC PUBLIC WORKS COMMISSION

44453

General Revenue Fund

44454

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

44460

The foregoing appropriation item 150-907, State Capital	44461
Improvements General Obligation Debt Service, shall be used to pay	44462
all debt service and financing costs at the times they are	44463
required to be made pursuant to sections 151.01, 151.08, and	44464
164.10 of the Revised Code during the period from July 1, 2001, to	44465
June 30, 2003. The Office of the Sinking Fund or the Director of	44466
Budget and Management shall effectuate the required payments by an	44467
intrastate transfer voucher.	44468

Section 91.  RAC STATE RACING COMMISSION	44469

State Special Revenue Fund Group

44470

Holding Account Redistribution Fund Group

44478

Section 92.  BOR BOARD OF REGENTS

44484

General Revenue Fund

44485

General Services Fund Group

44553

Federal Special Revenue Fund Group

44558

State Special Revenue Fund Group

44568

Section 92.01.  STATE SHARE OF INSTRUCTION

44577

As soon as practicable during each fiscal year of the	44578
2001-2003 biennium in accordance with instructions of the Board of	44579
Regents, each state-assisted institution of higher education shall	44580
report its actual enrollment to the Board of Regents.	44581

The Board of Regents shall establish procedures required by	44582
the system of formulas set out below and for the assignment of	44583
individual institutions to categories described in the formulas.	44584
The system of formulas establishes the manner in which aggregate	44585
expenditure requirements shall be determined for each of the three	44586
components of institutional operations. In addition to other	44587
adjustments and calculations described below, the subsidy	44588
entitlement of an institution shall be determined by subtracting	44589
from the institution's aggregate expenditure requirements income	44590
to be derived from the local contributions assumed in calculating	44591
the subsidy entitlements. The local contributions for purposes of	44592
determining subsidy support shall not limit the authority of the	44593
individual boards of trustees to establish fee levels.	44594

The General Studies and Technical models shall be adjusted by	44595
the Board of Regents so that the share of state subsidy earned by	44596
those models is not altered by changes in the overall local share.	44597
A lower-division fee differential shall be used to maintain the	44598
relationship that would have occurred between these models and the	44599
baccalaureate models had an assumed share of thirty-seven per cent	44600
been funded.	44601

In defining the number of full-time equivalent (FTE) students	44602
for state subsidy purposes, the Board of Regents shall exclude	44603
all undergraduate students who are not residents of Ohio, except	44604
those charged in-state fees in accordance with reciprocity	44605
agreements made pursuant to section 3333.17 or employer contracts	44606
entered into pursuant to section 3333.32 of the Revised Code.	44607

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

44608

(1) INSTRUCTION AND SUPPORT SERVICES

44609

(2) STUDENT SERVICES

44625

For this purpose, FTE counts shall be weighted to reflect	44626
differences among institutions in the numbers of students enrolled	44627
on a part-time basis.	44628

(B) PLANT OPERATION AND MAINTENANCE (POM)

44644

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

44645

Space undergoing renovation shall be funded at the rate	44646
allowed for storage space.	44647

In the calculation of square footage for each campus, square	44648
footage shall be weighted to reflect differences in space	44649
utilization.	44650

The space inventories for each campus shall be those	44651
determined in the fiscal year 1999 instructional subsidy, adjusted	44652
for changes attributable to the construction or renovation of	44653
facilities for which state appropriations were made or local	44654
commitments were made prior to January 1, 1995.	44655

Only 50 per cent of the space permanently taken out of	44656
operation in fiscal year 2002 or fiscal year 2003 that is not	44657
otherwise replaced by a campus shall be deleted from the fiscal	44658
year 1997 inventory.	44659

The square-foot-based plant operation and maintenance subsidy	44660
for each campus shall be determined as follows:	44661

(a) For each standard room type category shown below, the	44662
subsidy-eligible net assignable square feet (NASF) for each campus	44663
shall be multiplied by the following rates, and the amounts summed	44664
for each campus to determine the total gross square-foot-based POM	44665
expenditure requirement:	44666

(b) The total gross square-foot POM expenditure requirement	44675
shall be allocated to models in proportion to FTE enrollments as	44676
reported in enrollment data for all models except Doctoral I and	44677
Doctoral II.	44678

(c) The amounts allocated to models in division (B)(1)(b) of	44679
this section shall be multiplied by the ratio of subsidy-eligible	44680
FTE students to total FTE students reported in each model, and the	44681
amounts summed for all models. To this total amount shall be	44682
added an amount to support roads and grounds expenditures to	44683
produce the total square-foot-based POM subsidy.	44684

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

44685

(a) The number of subsidy-eligible FTE students in each	44686
model shall be multiplied by the following rates for each campus	44687
for each fiscal year.	44688

(b) The sum of the products for each campus determined in	44704
division (B)(2)(a) of this section for all models except Doctoral	44705
I and Doctoral II for each fiscal year shall be weighted by a	44706
factor to reflect sponsored research activity and job	44707
training-related public services expenditures to determine the	44708
total activity-based POM subsidy.	44709

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

44710

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

44711

The calculation of the core subsidy entitlement shall consist	44712
of the following components:	44713

(a) For each campus and for each fiscal year, the core	44714
subsidy entitlement shall be determined by multiplying the amounts	44715
listed above in divisions (A)(1) and (2) and (B)(2) of this	44716
section less assumed local contributions, by (i) average	44717
subsidy-eligible FTEs for the two-year period ending in the prior	44718
year for all models except Doctoral I and Doctoral II; and (ii)	44719
average subsidy-eligible FTEs for the five-year period ending in	44720
the prior year for all models except Doctoral I and Doctoral II.	44721

(b) In calculating the core subsidy entitlements for Medical	44722
II models only, the Board of Regents shall use the following count	44723
of FTE students in place of the two-year average and five-year	44724
average of subsidy-eligible students:	44725

(i) For those medical schools whose current year enrollment	44726
is below the base enrollment, the Medical II FTE enrollment shall	44727
equal: 65 per cent of the base enrollment plus 35 per cent of the	44728
current year enrollment, where the base enrollment is:	44729

(ii) For those medical schools whose current year enrollment	44736
is equal to or greater than the base enrollment, the Medical II	44737
FTE enrollment shall equal the current enrollment.	44738

(c) For all FTE-based subsidy calculations involving	44739
annualized FTE data, FTE-based allowances shall be converted from	44740
annualized to all-terms rates to ensure equity and consistency of	44741
subsidy determination.	44742

(d) The Board of Regents shall compute the sum of the two	44743
calculations listed in division (C)(1)(a) of this section and use	44744
the greater sum as the core subsidy entitlement.	44745

The POM subsidy for each campus shall equal the greater of	44746
the square-foot-based subsidy or the activity-based POM subsidy	44747
component of the core subsidy entitlement.	44748

(e) The state share of instruction provided for doctoral	44749
students shall be based on a fixed percentage of the total	44750
appropriation. In fiscal year 2002, not more than 10.34 per cent	44751
of the total state share of instruction shall be reserved to	44752
implement the recommendations of the Graduate Funding Commission.	44753
In fiscal year 2003, not more than 10.25 per cent of the total	44754
state share of instruction shall be reserved for the same purpose.	44755
It is the intent of the General Assembly that the doctoral reserve	44756
be reduced 0.25 percentage points each year thereafter until no	44757
more than 10.0 per cent of the total state share of instruction	44758
is reserved to implement the recommendations of the Graduate	44759
Funding Commission. The Board of Regents shall reallocate 0 per	44760
cent in fiscal year 2002 and 2 per cent in fiscal year 2003 of the	44761
reserve among the state-assisted universities on the basis of a	44762
quality review as specified in the recommendations of the Graduate	44763
Funding Commission.	44764

The amount so reserved shall be allocated to universities in	44765
proportion to their share of the total number of Doctoral I	44766
equivalent FTEs as calculated on an institutional basis using the	44767
greater of the two-year or five-year FTEs for the period fiscal	44768
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	44769
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	44770
adjusted to reflect the effects of doctoral review. For the	44771
purposes of this calculation, Doctoral I equivalent FTEs shall	44772
equal the sum of Doctoral I FTEs plus 1.5 times the sum of	44773
Doctoral II FTEs.	44774

(2) ANNUAL HOLD HARMLESS PROVISION

44775

In addition to and after the other adjustment noted above, in	44776
fiscal year 2002 each campus shall have its state share of	44777
instruction adjusted to the extent necessary to provide an amount	44778
that is not less than 100 per cent of the state share of	44779
instruction received by the campus in fiscal year 2001. In fiscal	44780
year 2003, each campus shall have its state share of instruction	44781
adjusted to the extent necessary to provide an amount that is not	44782
less than 100 per cent of the state share of instruction received	44783
by the campus in fiscal year 2002.	44784

(3) CAPITAL COMPONENT DEDUCTION

44785

After all other adjustments have been made, instructional	44786
subsidy earnings shall be reduced for each campus by the amount,	44787
if any, by which debt service charged in Am. H.B. No. 748 of the	44788
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General	44789
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for	44790
that campus exceeds that campus's capital component earnings.	44791

(D) REDUCTIONS IN EARNINGS

44792

If the total state share of instruction earnings in any	44793
fiscal year exceed the total appropriations available for such	44794
purposes, the Board of Regents shall proportionately reduce the	44795
state share of instruction earnings for all campuses by a uniform	44796
percentage so that the systemwide sum equals available	44797
appropriations.	44798

(E) EXCEPTIONAL CIRCUMSTANCES

44799

Adjustments may be made to the state share of instruction	44800
payments and other subsidies distributed by the Board of Regents	44801
to state-assisted colleges and universities for exceptional	44802
circumstances. No adjustments for exceptional circumstances may	44803
be made without the recommendation of the Chancellor and the	44804
approval of the Controlling Board.	44805

DISTRIBUTION OF STATE SHARE OF INSTRUCTION

44806

The state share of instruction payments to the institutions	44807
shall be in substantially equal monthly amounts during the fiscal	44808
year, unless otherwise determined by the Director of Budget and	44809
Management pursuant to section 126.09 of the Revised Code.	44810
Payments during the first six months of the fiscal year shall be	44811
based upon the state share of instruction appropriation estimates	44812
made for the various institutions of higher education according to	44813
Board of Regents enrollment estimates. Payments during the last	44814
six months of the fiscal year shall be distributed after approval	44815
of the Controlling Board upon the request of the Board of	44816
Regents.	44817

LAW SCHOOL SUBSIDY

44818

The state share of instruction to state-supported	44819
universities for students enrolled in law schools in fiscal year	44820
2002 and fiscal year 2003 shall be calculated by using the number	44821
of subsidy-eligible FTE law school students funded by state	44822
subsidy in fiscal year 1995 or the actual number of	44823
subsidy-eligible FTE law school students at the institution in the	44824
fiscal year, whichever is less.	44825

Section 92.02. MISSION-BASED CORE FUNDING FOR HIGHER	44826
EDUCATION	44827

JOBS CHALLENGE

44828

Funds appropriated to appropriation item 235-415, Jobs	44829
Challenge, shall be distributed to state-assisted community and	44830
technical colleges, regional campuses of state-assisted	44831
universities, and other organizationally distinct and identifiable	44832
member campuses of the EnterpriseOhio Network in support of	44833
noncredit job-related training. In fiscal years 2002 and 2003,	44834
$2,114,673 and $1,981,841, respectively, shall be distributed as	44835
performance grants to EnterpriseOhio Network campuses based upon	44836
each campus's documented performance according to criteria	44837
established by the Board of Regents for increasing training and	44838
related services to businesses, industries, and public sector	44839
organizations.	44840

Of the foregoing appropriation item 235-415, Jobs Challenge,	44841
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003	44842
shall be allocated to the Targeted Industries Training Grant	44843
Program to attract, develop, and retain business and industry	44844
strategically important to the state's economy.	44845

Also, in fiscal years 2002 and 2003, $2,991,513 and	44846
$3,629,797, respectively, shall be allocated to the Non-credit	44847
Incentives Grant Program to reward two-year campuses for	44848
increasing the amount of non-credit skill upgrading services	44849
provided to Ohio employers and employees. The funds shall be	44850
distributed to campuses in proportion to each campus's share of	44851
noncredit job-related training revenues received by all campuses	44852
for the previous fiscal year. It is the intent of the General	44853
Assembly that this workforce development incentive component of	44854
the Jobs Challenge Program reward campus noncredit job-related	44855
training efforts in the same manner that the Research Challenge	44856
Program rewards campuses for their ability to obtain sponsored	44857
research revenues.	44858

Of the foregoing appropriation item 235-415, Jobs Challenge,	44859
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003	44860
shall be allocated as an incentive to support local EnterpriseOhio	44861
Network Campus/Adult Workforce Education Center Partnerships. The	44862
purpose of the partnerships is to promote and deliver coordinated,	44863
comprehensive training to local employers. Each partnership shall	44864
include a formal agreement between one or more EnterpriseOhio	44865
Network campus and one or more adult workforce education center	44866
for the delivery of training services. The Department of	44867
Education and Board of Regents shall jointly award funds to	44868
certified EnterpriseOhio campus/adult workforce education center	44869
partnerships to offer training grants to eligible companies. A	44870
certified EnterpriseOhio Network/adult workforce education center	44871
partnership is one that has been documented and approved by the	44872
Board of Regents and the Department of Education according to	44873
partnership criteria established jointly by those agencies. An	44874
eligible company is one that meets the funding criteria of the	44875
Targeted Industries Training Grant Program. The amount set aside	44876
for the partnerships is designed to match an equal appropriation	44877
in the Department of Education's appropriation item 200-514,	44878
Post-Secondary/Adult Career-Technical Education. The Department	44879
of Education's appropriation also serves as a partnership-building	44880
incentive by allocating funds to local EnterpriseOhio Network	44881
campus/adult workforce education center partnerships.	44882

ACCESS CHALLENGE

44883

In each fiscal year, the foregoing appropriation item	44884
235-418, Access Challenge, shall be distributed to Ohio's	44885
state-assisted access colleges and universities. For the	44886
purposes of this allocation, "access campuses" includes	44887
state-assisted community colleges, state community colleges,	44888
technical colleges, Shawnee State University, Central State	44889
University, Cleveland State University, the regional campuses of	44890
state-assisted universities, and, where they are organizationally	44891
distinct and identifiable, the community-technical colleges	44892
located at the University of Cincinnati, Youngstown State	44893
University, and the University of Akron.	44894

In each year of the biennium, Access Challenge appropriations	44895
shall be allocated to eligible campuses according to the following	44896
methodology:	44897

(A) Each campus shall receive an amount equal to four per	44898
cent of the product of its subsidy-eligible lower-division FTE	44899
student enrollments for the prior fiscal year multiplied by the	44900
unweighted average of in-state undergraduate instructional and	44901
general fees for community colleges, state community colleges,	44902
technical colleges, and regional campuses in fiscal year 2001.	44903

(B) All remaining appropriations shall be allocated to each	44904
campus proportionate to its share of the sum of FTEs used in the	44905
distribution of access funds in the prior fiscal year updated with	44906
the most recent FTE data available.	44907

For the purposes of this calculation, Cleveland State	44908
University's and Youngstown State University's enrollments shall	44909
be adjusted by the ratio of the sum of subsidy-eligible	44910
lower-division FTE student enrollments eligible for access funding	44911
to the sum of subsidy-eligible General Studies FTE student	44912
enrollments at Central State University and Shawnee State	44913
University, and for the following universities and their regional	44914
campuses: Ohio State University, Ohio University, Kent State	44915
University, Bowling Green State University, Miami University, the	44916
University of Cincinnati, the University of Akron, and Wright	44917
State University.	44918

Boards of trustees of access colleges and universities shall	44919
limit resident lower-division undergraduate instructional and	44920
general fee increases for an academic year over the amounts	44921
charged in the prior academic year to no more than three per cent.	44922
These fee increase limitations apply even if an institutional	44923
board of trustees has, prior to the effective date of this	44924
section, voted to assess a higher fee for the 2001-2002 academic	44925
year.	44926

SUCCESS CHALLENGE

44927

The foregoing appropriation item 235-420, Success Challenge,	44928
shall be used by the Board of Regents to promote degree	44929
completion by students enrolled at a main campus of a	44930
state-assisted university.	44931

In each fiscal year, two-thirds of the appropriations shall	44932
be distributed to state-assisted university main campuses in	44933
proportion to each campus's share of the total statewide	44934
bachelor's degrees granted by university main campuses to	44935
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk"	44936
student means any undergraduate student who has received an Ohio	44937
Instructional Grant during the past ten years. An eligible	44938
institution shall not receive its share of this distribution until	44939
it has submitted a plan that addresses how the subsidy will be	44940
used to better serve at-risk students and increase their	44941
likelihood of successful completion of a bachelor's degree	44942
program. The Board of Regents shall disseminate to all	44943
state-supported institutions of higher education all such plans	44944
submitted by institutions that received Success Challenge funds.	44945

In each fiscal year, one-third of the appropriations shall be	44946
distributed to university main campuses in proportion to each	44947
campus's share of the total bachelor's degrees granted by	44948
university main campuses to undergraduate students who completed	44949
their bachelor's degrees in a "timely manner" in the previous	44950
fiscal year. For the purposes of this section, "timely manner"	44951
means the normal time it would take for a full-time degree-seeking	44952
undergraduate student to complete the student's degree. Generally,	44953
for such students pursuing a bachelor's degree, "timely manner"	44954
means four years. Exceptions to this general rule shall be	44955
permitted for students enrolled in programs specifically designed	44956
to be completed in a longer time period. The Board of Regents	44957
shall collect base-line data beginning with the 1998-99 academic	44958
year to assess the timely completion statistics by university main	44959
campuses.	44960

RESEARCH CHALLENGE

44961

The foregoing appropriation item 235-454, Research Challenge,	44962
shall be used to enhance the basic research capabilities of public	44963
colleges and universities and accredited Ohio institutions of	44964
higher education holding certificates of authorization issued	44965
pursuant to section 1713.02 of the Revised Code, in order to	44966
strengthen academic research for pursuing Ohio's economic	44967
redevelopment goals. The Board of Regents, in consultation with	44968
the colleges and universities, shall administer the Research	44969
Challenge Program and utilize a means of matching, on a fractional	44970
basis, external funds attracted in the previous year by	44971
institutions for basic research. The program may include	44972
incentives for increasing the amount of external research funds	44973
coming to eligible institutions and for focusing research efforts	44974
upon critical state needs. Colleges and universities shall submit	44975
for review and approval to the Board of Regents plans for the	44976
institutional allocation of state dollars received through the	44977
program. The institutional plans shall provide the rationale for	44978
the allocation in terms of the strategic targeting of funds for	44979
academic and state purposes, for strengthening research programs,	44980
and for increasing the amount of external research funds, and	44981
shall include an evaluation process to provide results of the	44982
increased support.	44983

The Board of Regents shall submit a biennial report of	44984
progress to the General Assembly.	44985

COMPUTER SCIENCE GRADUATE EDUCATION

44986

The foregoing appropriation item 235-554, Computer Science	44987
Graduate Education, shall be used by the Board of Regents to	44988
support improvements in graduate programs in computer science at	44989
state-assisted universities. In each fiscal year, up to $200,000	44990
may be used to support collaborative efforts in graduate education	44991
in this program area.	44992

Section 92.03.  HIGHER EDUCATION - BOARD OF TRUSTEES

44993

Funds appropriated for instructional subsidies at colleges	44994
and universities may be used to provide such branch or other	44995
off-campus undergraduate courses of study and such master's degree	44996
courses of study as may be approved by the Board of Regents.	44997

In providing instructional and other services to students,	44998
boards of trustees of state-assisted institutions of higher	44999
education shall supplement state subsidies by income from charges	45000
to students. Each board shall establish the fees to be charged to	45001
all students, including an instructional fee for educational and	45002
associated operational support of the institution and a general	45003
fee for noninstructional services, including locally financed	45004
student services facilities used for the benefit of enrolled	45005
students. The instructional fee and the general fee shall	45006
encompass all charges for services assessed uniformly to all	45007
enrolled students. Each board may also establish special purpose	45008
fees, service charges, and fines as required; such special purpose	45009
fees and service charges shall be for services or benefits	45010
furnished individual students or specific categories of students	45011
and shall not be applied uniformly to all enrolled students. A	45012
tuition surcharge shall be paid by all students who are not	45013
residents of Ohio.	45014

Boards of trustees of individual state-assisted universities	45015
shall limit combined university main campus in-state undergraduate	45016
instructional and general fee increases for the academic year	45017
2001-2002 over the amounts charged in the prior academic year to	45018
no more than six per cent. The boards of trustees of individual	45019
state-assisted universities shall not authorize combined	45020
university main campus in-state undergraduate instructional and	45021
general fee increases for the academic year 2001-2002 of more than	45022
four per cent in a single vote. These fee increase limitations	45023
apply even if an institutional board of trustees has, prior to the	45024
effective date of this section, voted to assess a higher fee for	45025
the 2001-2002 academic year. These limitations shall not apply to	45026
increases required to comply with institutional covenants related	45027
to their obligations or to meet unfunded legal mandates or legally	45028
binding obligations incurred or commitments made prior to the	45029
effective date of this section with respect to which the	45030
institution had identified such fee increases as the source of	45031
funds. Any increase required by such covenants and any such	45032
mandates, obligations, or commitments shall be reported by the	45033
Board of Regents to the Controlling Board. These limitations may	45034
also be modified by the Board of Regents, with the approval of	45035
the Controlling Board, to respond to exceptional circumstances as	45036
identified by the Board of Regents.	45037

The board of trustees of a state-assisted institution of	45038
higher education shall not authorize a waiver or nonpayment of	45039
instructional fees or general fees for any particular student or	45040
any class of students other than waivers specifically authorized	45041
by law or approved by the Chancellor. This prohibition is not	45042
intended to limit the authority of boards of trustees to provide	45043
for payments to students for services rendered the institution,	45044
nor to prohibit the budgeting of income for staff benefits or for	45045
student assistance in the form of payment of such instructional	45046
and general fees.	45047

Each state-assisted institution of higher education in its	45048
statement of charges to students shall separately identify the	45049
instructional fee, the general fee, the tuition charge, and the	45050
tuition surcharge. Fee charges to students for instruction shall	45051
not be considered to be a price of service but shall be considered	45052
to be an integral part of the state government financing program	45053
in support of higher educational opportunity for students.	45054

In providing the appropriations in support of instructional	45055
services at state-assisted institutions of higher education and	45056
the appropriations for other instruction it is the intent of the	45057
General Assembly that faculty members shall devote a proper and	45058
judicious part of their work week to the actual instruction of	45059
students. Total class credit hours of production per quarter per	45060
full-time faculty member is expected to meet the standards set	45061
forth in the budget data submitted by the Board of Regents.	45062

The authority of government vested by law in the boards of	45063
trustees of state-assisted institutions of higher education shall	45064
in fact be exercised by those boards. Boards of trustees may	45065
consult extensively with appropriate student and faculty groups.	45066
Administrative decisions about the utilization of available	45067
resources, about organizational structure, about disciplinary	45068
procedure, about the operation and staffing of all auxiliary	45069
facilities, and about administrative personnel shall be the	45070
exclusive prerogative of boards of trustees. Any delegation of	45071
authority by a board of trustees in other areas of responsibility	45072
shall be accompanied by appropriate standards of guidance	45073
concerning expected objectives in the exercise of such delegated	45074
authority and shall be accompanied by periodic review of the	45075
exercise of this delegated authority to the end that the public	45076
interest, in contrast to any institutional or special interest,	45077
shall be served.	45078

OSU LIMITED TUITION CAP EXEMPTION

45079

In addition to the six per cent main campus in-state	45080
undergraduate instructional and general fee increase limit	45081
established in this section, the board of trustees of The Ohio	45082
State University may authorize an additional university main	45083
campus in-state undergraduate instructional and general fee	45084
increase for academic year 2002 over the amounts charged in the	45085
prior academic years of no more than a $4 per credit hour per	45086
quarter increase, or $144 for a full-time student for an academic	45087
year.	45088

The amount of this increase above the six per cent main	45089
campus in-state undergraduate instructional and graduate fee	45090
increase limit established in this section shall be used	45091
exclusively to enhance undergraduate education. Areas of	45092
enhancement shall include increased financial aid for	45093
undergraduate students and improvements in academic programming	45094
and support services for undergraduate students pursuant to a	45095
plan approved by the board of trustees of The Ohio State	45096
University. The Ohio State University shall ensure that the	45097
additional increases above the six per cent main campus in-state	45098
undergraduate instructional and general fee increase limit do not	45099
limit access to academically qualified financial aid-eligible	45100
students.	45101

By December 30, 2002, The Ohio State University shall provide	45102
a report to the Board of Regents that indicates how the additional	45103
funds have been utilized to enhance undergraduate education during	45104
that period.	45105

Section 92.04.  MEDICAL SCHOOL SUBSIDIES

45106

The foregoing appropriation item 235-515, Case Western	45107
Reserve University School of Medicine, shall be disbursed to Case	45108
Western Reserve University through the Board of Regents in	45109
accordance with agreements entered into as provided for by section	45110
3333.10 of the Revised Code, provided that the state support per	45111
full-time medical student shall not exceed that provided to	45112
full-time medical students at state universities.	45113

The foregoing appropriation items 235-536, Ohio State	45114
University Clinical Teaching; 235-537, University of Cincinnati	45115
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	45116
Clinical Teaching; 235-539, Wright State University Clinical	45117
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	45118
Northeastern Ohio Universities College of Medicine Clinical	45119
Teaching, shall be distributed through the Board of Regents.	45120

The foregoing appropriation item 235-572, Ohio State	45121
University Clinic Support, shall be distributed through the Board	45122
of Regents to The Ohio State University for support of dental and	45123
veterinary medicine clinics.	45124

The Board of Regents shall develop plans consistent with	45125
existing criteria and guidelines as may be required for the	45126
distribution of appropriation items 235-519, Family Practice,	45127
235-525, Geriatric Medicine, and 235-526, Primary Care	45128
Residencies.	45129

Of the foregoing appropriation item 235-539, Wright State	45130
University Clinical Teaching, $160,000 in each fiscal year shall	45131
be for the use of Wright State University's Ellis Institute for	45132
Clinical Teaching Studies to operate the clinical facility to	45133
serve the Greater Dayton area.	45134

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

45135

The Board of Regents, in consultation with the	45136
state-assisted medical colleges, shall develop performance	45137
standards for medical education. Special emphasis in the	45138
standards shall be placed on attempting to ensure that at least 50	45139
per cent of the aggregate number of students enrolled in	45140
state-assisted medical colleges continue to enter residency as	45141
primary care physicians. Primary care physicians are general	45142
family practice physicians, general internal medicine	45143
practitioners, and general pediatric care physicians. The Board	45144
of Regents shall monitor medical school performance in relation	45145
to their plans for reaching the 50 per cent systemwide standard	45146
for primary care physicians.	45147

The foregoing appropriation item 235-526, Primary Care	45148
Residencies, shall be distributed in each fiscal year of the	45149
biennium, based on whether the institution has submitted and	45150
gained approval for a plan. If the institution does not have an	45151
approved plan, it shall receive five per cent less funding per	45152
student than it would have received from its annual allocation.	45153
The remaining funding shall be distributed among those	45154
institutions that meet or exceed their targets.	45155

AREA HEALTH EDUCATION CENTERS

45156

The foregoing appropriation item 235-474, Area Health	45157
Education Centers Program Support, shall be used by the Board of	45158
Regents to support the medical school regional area health	45159
education centers' educational programs for the continued support	45160
of medical and other health professions education and for support	45161
of the Area Health Education Center Program.	45162

Of the foregoing appropriation item 235-474, Area Health	45163
Education Centers Program Support, $200,000 in each fiscal year	45164
shall be disbursed to the Ohio University College of Osteopathic	45165
Medicine for the establishment of a mobile health care unit to	45166
serve the southeastern area of the state. Of the foregoing	45167
appropriation item 235-474, Area Health Education Centers Program	45168
Support, $150,000 in each fiscal year shall be used to support the	45169
Ohio Valley Community Health Information Network (OVCHIN) project.	45170

Section 92.05. MIDWEST HIGHER EDUCATION COMPACT	45171

The foregoing appropriation item 235-408, Midwest Higher	45172
Education Compact, shall be distributed by the Board of Regents	45173
pursuant to section 3333.40 of the Revised Code.	45174

COLLEGE READINESS INITIATIVES

45175

Appropriation item 235-404, College Readiness Initiatives,	45176
shall be used by the Board of Regents to support programs	45177
designed to improve the ability of high school students to enroll	45178
and succeed in higher education.	45179

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

45180

Appropriation item 235-403, Math/Science Teaching	45181
Improvement, shall be used by the Board of Regents to support	45182
programs designed to raise the quality of mathematics and science	45183
teaching in primary and secondary education.	45184

OHIO LEARNING NETWORK

45185

Appropriation item 235-417, Ohio Learning Network, shall be	45186
used by the Board of Regents to support the continued	45187
implementation of the Ohio Learning Network, a statewide	45188
electronic collaborative effort designed to promote degree	45189
completion of students, workforce training of employees, and	45190
professional development through the use of advanced	45191
telecommunications and distance education initiatives.	45192

DISPLACED HOMEMAKERS

45193

Out of the foregoing appropriation item 235-509, Displaced	45194
Homemakers, the Board of Regents shall continue funding pilot	45195
projects authorized in Am. Sub. H.B. No. 291 of the 115th General	45196
Assembly for the following centers: Cuyahoga Community College,	45197
University of Toledo, Southern State Community College, and Stark	45198
Technical College. The amount of $30,000 in each fiscal year	45199
shall be used for the Baldwin-Wallace Single Parents Reaching Out	45200
for Unassisted Tomorrows program.	45201

OHIO AEROSPACE INSTITUTE

45202

The foregoing appropriation item 235-527, Ohio Aerospace	45203
Institute, shall be distributed by the Board of Regents under	45204
section 3333.042 of the Revised Code.	45205

PRODUCTIVITY IMPROVEMENT CHALLENGE

45206

The foregoing appropriation item 235-455, Productivity	45207
Improvement Challenge, shall be allocated by the Board of Regents	45208
to continue increasing the capabilities of the EnterpriseOhio	45209
Network to meet the ongoing training needs of Ohio employers.	45210
Funds shall support multicampus collaboration, best practice	45211
dissemination, and capacity building projects. The Regents	45212
Advisory Committee for Workforce Development, in its advisory	45213
role, shall advise in the development of plans and activities.	45214

Of the foregoing appropriation item 235-455, Productivity	45215
Improvement Challenge, $208,000 in each fiscal year shall be used	45216
by the Dayton Business/Sinclair College Jobs Profiling Program.	45217

ACCESS IMPROVEMENT PROJECTS

45218

The foregoing appropriation item 235-477, Access Improvement	45219
Projects, shall be used by the Board of Regents to develop	45220
innovative statewide strategies to increase student access and	45221
retention for specialized populations, and to provide for pilot	45222
projects that will contribute to improving access to higher	45223
education by specialized populations. The funds may be used for	45224
projects that improve access for nonpublic secondary students.	45225

Of the foregoing appropriation item 235-477, Access	45226
Improvement Projects, $740,000 in each fiscal year shall be	45227
distributed to the Appalachian Center for Higher Education at	45228
Shawnee State University. The board of directors of the center	45229
shall consist of the presidents of Shawnee State University, Ohio	45230
University, Belmont Technical College, Hocking Technical College,	45231
Jefferson Community College, Muskingum Area Technical College, Rio	45232
Grande Community College, Southern State Community College, and	45233
Washington State Community College; the dean of either the Salem	45234
or East Liverpool regional campus of Kent State University, as	45235
designated by the president of Kent State University; a	45236
representative of the Board of Regents designated by the	45237
Chancellor; and other members as may be determined by the Board of	45238
Regents.	45239

Of the foregoing appropriation item 235-477, Access	45240
Improvement Projects, $50,000 in fiscal year 2002 shall be	45241
distributed to the University of Rio Grande Site Improvement	45242
Planning project.	45243

Of the foregoing appropriation item 235-477, Access	45244
Improvement Projects, $135,000 in fiscal year 2002 shall be used	45245
to support the Access Appalachia Project.	45246

OHIO SUPERCOMPUTER CENTER

45247

The foregoing appropriation item 235-510, Ohio Supercomputer	45248
Center, shall be used by the Board of Regents to support the	45249
operation of the center, located at The Ohio State University, as	45250
a statewide resource available to Ohio research universities both	45251
public and private. It is also intended that the center be made	45252
accessible to private industry as appropriate. Policies of the	45253
center shall be established by a governance committee,	45254
representative of Ohio's research universities and private	45255
industry, to be appointed by the Chancellor of the Board of	45256
Regents and established for this purpose.	45257

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

45258

The foregoing appropriation item 235-556, Ohio Academic	45259
Resources Network, shall be used to support the operations of the	45260
Ohio Academic Resources Network, which shall include support for	45261
Ohio's state-assisted colleges and universities in maintaining and	45262
enhancing network connections.	45263

Section 92.06. PLEDGE OF FEES*

45264

Any new pledge of fees, or new agreement for adjustment of	45265
fees, made in the 2001-2003 biennium to secure bonds or notes of a	45266
state-assisted institution of higher education for a project for	45267
which bonds or notes were not outstanding on the effective date of	45268
this section shall be effective only after approval by the Board	45269
of Regents, unless approved in a previous biennium.	45270

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

45271

The foregoing appropriation item 235-909, Higher Education	45272
General Obligation Debt Service, shall be used to pay all debt	45273
service and financing costs at the times they are required to be	45274
made pursuant to sections 151.01 and 151.04 of the Revised Code	45275
during the period from July 1, 2001, to June 30, 2003. The Office	45276
of the Sinking Fund or the Director of Budget and Management shall	45277
effectuate the required payments by an interstate transfer	45278
voucher.	45279

LEASE RENTAL PAYMENTS

45280

The foregoing appropriation item 235-401, Lease Rental	45281
Payments, shall be used to meet all payments at the times they are	45282
required to be made during the period from July 1, 2001, to June	45283
30, 2003, by the Board of Regents pursuant to leases and	45284
agreements made under section 154.21 of the Revised Code, but	45285
limited to the aggregate amount of $563,969,000. Nothing in this	45286
act shall be deemed to contravene the obligation of the state to	45287
pay, without necessity for further appropriation, from the sources	45288
pledged thereto, the bond service charges on obligations issued	45289
pursuant to section 154.21 of the Revised Code.	45290

Section 92.07. OHIO INSTRUCTIONAL GRANTS

45291

Notwithstanding section 3333.12 of the Revised Code, in lieu	45292
of the tables in that section, instructional grants for all	45293
full-time students shall be made for fiscal year 2002 using the	45294
tables under this heading.	45295

The tables under this heading prescribe the maximum grant	45296
amounts covering two semesters, three quarters, or a comparable	45297
portion of one academic year. The grant amount for a full-time	45298
student enrolled in an eligible institution for a semester or	45299
quarter in addition to the portion of the academic year covered by	45300
a grant determined under these tables shall be a percentage of the	45301
maximum prescribed in the applicable table. The maximum grant for	45302
a fourth quarter shall be one-third of the maximum amount	45303
prescribed under the table. The maximum grant for a third semester	45304
shall be one-half of the maximum amount prescribed under the	45305
table.	45306

For a full-time student who is a dependent and enrolled in a	45307
nonprofit educational institution that is not a state-assisted	45308
institution and that has a certificate of authorization issued	45309
pursuant to Chapter 1713. of the Revised Code, the amount of the	45310
instructional grant for two semesters, three quarters, or a	45311
comparable portion of the academic year shall be determined in	45312
accordance with the following table:	45313

Private Institution

45314

Table of Grants

45315

For a full-time student who is financially independent and	45336
enrolled in a nonprofit educational institution that is not a	45337
state-assisted institution and that has a certificate of	45338
authorization issued pursuant to Chapter 1713. of the Revised	45339
Code, the amount of the instructional grant for two semesters,	45340
three quarters, or a comparable portion of the academic year shall	45341
be determined in accordance with the following table:	45342

Private Institution

45343

Table of Grants

45344

For a full-time student who is a dependent and enrolled in an	45366
educational institution that holds a certificate of registration	45367
from the state board of proprietary school registration, the	45368
amount of the instructional grant for two semesters, three	45369
quarters, or a comparable portion of the academic year shall be	45370
determined in accordance with the following table:	45371

Proprietary Institution

45372

Table of Grants

45373

For a full-time student who is financially independent and	45394
enrolled in an educational institution that holds a certificate of	45395
registration from the state board of proprietary school	45396
registration, the amount of the instructional grant for two	45397
semesters, three quarters, or a comparable portion of the academic	45398
year shall be determined in accordance with the following table:	45399

Proprietary Institution

45400

Table of Grants

45401

For a full-time student who is a dependent and enrolled in a	45423
state-assisted educational institution, the amount of the	45424
instructional grant for two semesters, three quarters, or a	45425
comparable portion of the academic year shall be determined in	45426
accordance with the following table:	45427

Public Institution

45428

Table of Grants

45429

For a full-time student who is financially independent and	45450
enrolled in a state-assisted educational institution, the amount	45451
of the instructional grant for two semesters, three quarters, or a	45452
comparable portion of the academic year shall be determined in	45453
accordance with the following table:	45454

Public Institution

45455

Table of Grants

45456

The foregoing appropriation item 235-503, Ohio Instructional	45478
Grants, shall be used to make the payments authorized by division	45479
(C) of section 3333.26 of the Revised Code to the institutions	45480
described in that division. In addition, this appropriation shall	45481
be used to reimburse the institutions described in division (B) of	45482
section 3333.26 of the Revised Code for the cost of the waivers	45483
required by that division.	45484

WAR ORPHANS SCHOLARSHIPS

45485

The foregoing appropriation item 235-504, War Orphans	45486
Scholarships, shall be used to reimburse state-assisted	45487
institutions of higher education for waivers of instructional fees	45488
and general fees provided by them, to provide grants to	45489
institutions that have received a certificate of authorization	45490
from the Ohio Board of Regents under Chapter 1713. of the Revised	45491
Code, in accordance with the provisions of section 5910.04 of the	45492
Revised Code, and to fund additional scholarship benefits provided	45493
by section 5910.032 of the Revised Code.	45494

PART-TIME STUDENT INSTRUCTIONAL GRANTS

45495

The foregoing appropriation item 235-549, Part-time Student	45496
Instructional Grants, shall be used to support a grant program for	45497
part-time undergraduate students who are Ohio residents and who	45498
are enrolled in degree granting programs.	45499

Eligibility for participation in the program shall include	45500
degree granting educational institutions that hold a certificate	45501
of registration from the State Board of Proprietary School	45502
Registration, and nonprofit institutions that have a certificate	45503
of authorization issued pursuant to Chapter 1713. of the Revised	45504
Code, as well as state-assisted colleges and universities. Grants	45505
shall be given to students on the basis of need, as determined by	45506
the college, which, in making these determinations, shall give	45507
special consideration to single-parent heads-of-household and	45508
displaced homemakers who enroll in an educational degree program	45509
that prepares the individual for a career. In determining need,	45510
the college also shall consider the availability of educational	45511
assistance from a student's employer. It is the intent of the	45512
General Assembly that these grants not supplant such assistance.	45513

Section 92.08. STUDENT CHOICE GRANTS

45514

The foregoing appropriation item 235-531, Student Choice	45515
Grants, shall be used to support the Student Choice Grant Program	45516
created by section 3333.27 of the Revised Code.	45517

ACADEMIC SCHOLARSHIPS

45518

The foregoing appropriation item 235-530, Academic	45519
Scholarships, shall be used to provide academic scholarships to	45520
students under section 3333.22 of the Revised Code. The annual	45521
scholarship amount awarded to any student who receives a	45522
scholarship for the 2001-2002 academic year shall be $2,100, and	45523
the annual scholarship amount awarded to any student who receives	45524
a scholarship for the 2002-2003 academic year shall be $2,205.	45525

PHYSICIAN LOAN REPAYMENT

45526

The foregoing appropriation item 235-604, Physician Loan	45527
Repayment, shall be used in accordance with sections 3702.71 to	45528
3702.81 of the Revised Code.	45529

NURSING LOAN PROGRAM

45530

The foregoing appropriation item 235-606, Nursing Loan	45531
Program, shall be used to administer the nurse education	45532
assistance program. Up to $159,600 in fiscal year 2002 and	45533
$167,580 in fiscal year 2003 may be used for operating expenses	45534
associated with the program. Any additional funds needed for the	45535
administration of the program are subject to Controlling Board	45536
approval.	45537

Section 92.09. COOPERATIVE EXTENSION SERVICE	45538

Of the foregoing appropriation item 235-511, Cooperative	45539
Extension Service, $210,000 in each fiscal year shall be used for	45540
additional staffing for county agents for expanded 4-H activities.	45541
Of the foregoing appropriation item 235-511, Cooperative Extension	45542
Service, $210,000 in each fiscal year shall be used by the	45543
Cooperative Extension Service, through the Enterprise Center for	45544
Economic Development in cooperation with other agencies, for a	45545
public-private effort to create and operate a small business	45546
economic development program to enhance the development of	45547
alternatives to the growing of tobacco, and implement, through	45548
applied research and demonstration, the production and marketing	45549
of other high-value crops and value-added products. Of the	45550
foregoing appropriation item 235-511, Cooperative Extension	45551
Service, $65,000 in each fiscal year shall be used for farm labor	45552
mediation and education programs. Of the foregoing appropriation	45553
item 235-511, Cooperative Extension Service, $215,000 in each	45554
fiscal year shall be used to support the Ohio State University	45555
Marion Enterprise Center.	45556

Of the foregoing appropriation item 235-511, Cooperative	45557
Extension Service, $910,500 in each fiscal year shall be used to	45558
support the Ohio Watersheds Initiative.	45559

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

45560

Of the foregoing appropriation item 235-535, Ohio	45561
Agricultural Research and Development Center, $950,000 in each	45562
fiscal year shall be distributed to the Piketon Agricultural	45563
Research and Extension Center.	45564

Of the foregoing appropriation item 235-535, Ohio	45565
Agricultural Research and Development Center, $250,000 in each	45566
fiscal year shall be distributed to the	45567
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	45568
State University Medical College in cooperation with the Ohio	45569
State University College of Agriculture.	45570

Of the foregoing appropriation item 235-535, Ohio	45571
Agricultural Research and Development Center, $50,000 in each	45572
fiscal year shall be used to support the Ohio Berry Administrator.	45573

Of the foregoing appropriation item 235-535, Ohio	45574
Agricultural Research and Development Center, $100,000 in each	45575
fiscal year shall be used for the development of agricultural	45576
crops and products not currently in widespread production in Ohio,	45577
in order to increase the income and viability of family farmers.	45578

COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH	45579
AND DEVELOPMENT CENTER	45580

The foregoing appropriation items 235-511, Cooperative	45581
Extension Service, and 235-535, Ohio Agricultural Research and	45582
Development Center, shall be disbursed through the Board of	45583
Regents to The Ohio State University in monthly payments, unless	45584
otherwise determined by the Director of Budget and Management	45585
pursuant to section 126.09 of the Revised Code. Of the foregoing	45586
appropriation item 235-535, Ohio Agricultural Research and	45587
Development Center, $540,000 in each fiscal year shall be used to	45588
purchase equipment.	45589

The Ohio Agricultural Research and Development Center shall	45590
not be required to remit payment to The Ohio State University	45591
during the 2001-2003 biennium for cost reallocation assessments.	45592
The cost reallocation assessments include, but are not limited to,	45593
any assessment on state appropriations to the center.	45594

Section 92.10.  SEA GRANTS

45595

The foregoing appropriation item 235-402, Sea Grants, shall	45596
be disbursed to The Ohio State University and shall be used to	45597
conduct research on fish in Lake Erie.	45598

INFORMATION SYSTEM

45599

The foregoing appropriation item 235-409, Information System,	45600
shall be used by the Board of Regents to operate the higher	45601
education information data system known as the Higher Education	45602
Information System.	45603

STUDENT SUPPORT SERVICES

45604

The foregoing appropriation item 235-502, Student Support	45605
Services, shall be distributed by the Board of Regents to Ohio's	45606
state-assisted colleges and universities that incur	45607
disproportionate costs in the provision of support services to	45608
disabled students.	45609

CENTRAL STATE SUPPLEMENT

45610

The foregoing appropriation item 235-514, Central State	45611
Supplement, shall be used by Central State University to keep	45612
undergraduate fees below the statewide average, consistent with	45613
its mission of service to many first-generation college students	45614
from groups historically underrepresented in higher education and	45615
from families with limited incomes.	45616

SHAWNEE STATE SUPPLEMENT

45617

The foregoing appropriation item 235-520, Shawnee State	45618
Supplement, shall be used by Shawnee State University as detailed	45619
by both of the following:	45620

(A) To allow Shawnee State University to keep its	45621
undergraduate fees below the statewide average, consistent with	45622
its mission of service to an economically depressed Appalachian	45623
region;	45624

(B) To allow Shawnee State University to employ new faculty	45625
to develop and teach in new degree programs that meet the needs of	45626
Appalachians.	45627

POLICE AND FIRE PROTECTION

45628

The foregoing appropriation item 235-524, Police and Fire	45629
Protection, shall be used for police and fire services in the	45630
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	45631
Portsmouth, Xenia Township (Greene County), and Rootstown	45632
Township, which may be used to assist these local governments in	45633
providing police and fire protection for the central campus of the	45634
state-affiliated university located therein. Each participating	45635
municipality and township shall receive at least five thousand	45636
dollars per year. Funds shall be distributed by the Board of	45637
Regents.	45638

SCHOOL OF INTERNATIONAL BUSINESS

45639

Of the foregoing appropriation item 235-547, School of	45640
International Business, $1,218,764 in each fiscal year shall be	45641
used for the continued development and support of the School of	45642
International Business of the state universities of northeast	45643
Ohio. The money shall go to the University of Akron. These funds	45644
shall be used by the university to establish a School of	45645
International Business located at the University of Akron. It may	45646
confer with Kent State University, Youngstown State University,	45647
and Cleveland State University as to the curriculum and other	45648
matters regarding the school.	45649

Of the foregoing appropriation item 235-547, School of	45650
International Business, $245,000 in each fiscal year shall be used	45651
by the University of Toledo College of Business for expansion of	45652
its international business programs.	45653

Of the foregoing appropriation item 235-547, School of	45654
International Business, $245,000 in each fiscal year shall be used	45655
by to support the Ohio State University MUCIA program.	45656

CAPITAL COMPONENT

45657

The foregoing appropriation item 235-552, Capital Component,	45658
shall be used by the Board of Regents to implement the capital	45659
funding policy for state-assisted colleges and universities	45660
established in Am. H.B. No. 748 of the 121st General Assembly.	45661
Appropriations from this item shall be distributed to all campuses	45662
for which the estimated campus debt service attributable to new	45663
qualifying capital projects is less than the campus's	45664
formula-determined capital component allocation. Campus	45665
allocations shall be determined by subtracting the estimated	45666
campus debt service attributable to new qualifying capital	45667
projects from the campus formula-determined capital component	45668
allocation. Moneys distributed from this appropriation item shall	45669
be restricted to capital-related purposes.	45670

DAYTON AREA GRADUATE STUDIES INSTITUTE

45671

The foregoing appropriation item 235-553, Dayton Area	45672
Graduate Studies Institute, shall be used by the Board of Regents	45673
to support the Dayton Area Graduate Studies Institute, an	45674
engineering graduate consortium of three universities in the	45675
Dayton area: Wright State University, the University of Dayton,	45676
and the Air Force Institute of Technology, with the participation	45677
of the University of Cincinnati and The Ohio State University.	45678

LONG-TERM CARE RESEARCH

45679

The foregoing appropriation item 235-558, Long-term Care	45680
Research, shall be disbursed to Miami University for long-term	45681
care research.	45682

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

45683

The foregoing appropriation item 235-561, Bowling Green State	45684
University Canadian Studies Center, shall be used by the Canadian	45685
Studies Center at Bowling Green State University to study	45686
opportunities for Ohio and Ohio businesses to benefit from the	45687
Free Trade Agreement between the United States and Canada.	45688

URBAN UNIVERSITY PROGRAMS

45689

Of the foregoing appropriation item 235-583, Urban University	45690
Programs, universities receiving funds that are used to support an	45691
ongoing university unit shall certify periodically in a manner	45692
approved by the Board of Regents that program funds are being	45693
matched on a one-to-one basis with equivalent resources. Overhead	45694
support may not be used to meet this requirement. Where Urban	45695
University Program funds are being used to support an ongoing	45696
university unit, matching funds must come from continuing rather	45697
than one-time sources. At each participating state-assisted	45698
institution of higher education, matching funds must be within the	45699
substantial control of the individual designated by the	45700
institution's president as the Urban University Program	45701
representative.	45702

Of the foregoing appropriation item 235-583, Urban University	45703
Programs, $372,400 in each fiscal year shall be used to support a	45704
public communication outreach program (WCPN). The primary purpose	45705
of the program shall be to develop a relationship between	45706
Cleveland State University and nonprofit communications entities.	45707

Of the foregoing appropriation item 235-583, Urban University	45708
Programs, $176,400 in each fiscal year shall be used to support	45709
the Center for the Interdisciplinary Study of Education and the	45710
Urban Child at Cleveland State University. These funds shall be	45711
distributed according to rules adopted by the Board of Regents and	45712
shall be used by the center for interdisciplinary activities	45713
targeted toward increasing the chance of lifetime success of the	45714
urban child, including interventions beginning with the prenatal	45715
period. The primary purpose of the center is to study issues in	45716
urban education and to systematically map directions for new	45717
approaches and new solutions by bringing together a cadre of	45718
researchers, scholars, and professionals representing the social,	45719
behavioral, education, and health disciplines.	45720

Of the foregoing appropriation item 235-583, Urban University	45721
Programs, $254,800 in each fiscal year shall be used to support	45722
the Kent State University Learning and Technology Project. This	45723
project is a kindergarten through university collaboration between	45724
schools surrounding Kent's eight campuses in northeast Ohio, and	45725
corporate partners who will assist in development and delivery.	45726

The Kent State University Project shall provide a faculty	45727
member who has a full-time role in the development of	45728
collaborative activities and teacher instructional programming	45729
between Kent and the K-12th grade schools that surround its eight	45730
campuses; appropriate student support staff to facilitate these	45731
programs and joint activities; and hardware and software to	45732
schools that will make possible the delivery of instruction to	45733
pre-service and in-service teachers, and their students, in their	45734
own classrooms or school buildings. This shall involve the	45735
delivery of low-bandwidth streaming video and web-based	45736
technologies in a distributed instructional model.	45737

Of the foregoing appropriation item 235-583, Urban University	45738
Programs, $98,000 in each fiscal year shall be used to support the	45739
Ameritech Classroom/Center for Research at Kent State University.	45740

Of the foregoing appropriation item 235-583, Urban University	45741
Programs, $980,000 in each fiscal year shall be used to support	45742
the Polymer Distance Learning Project at the University of Akron.	45743

Of the foregoing appropriation item 235-583, Urban University	45744
Programs, $49,000 in each fiscal year shall be distributed to the	45745
Kent State University/Cleveland Design Center program.	45746

Of the foregoing appropriation item 235-583, Urban University	45747
Programs, $245,000 in each fiscal year shall be used to support	45748
the Bliss Institute of Applied Politics at the University of	45749
Akron.	45750

Of the foregoing appropriation item 235-583, Urban University	45751
Programs, $14,700 in each fiscal year shall be used for the	45752
Advancing-Up Program at the University of Akron.	45753

Of the foregoing appropriation item 235-583, Urban University	45754
Programs, in each fiscal year $2,156,629 shall be distributed by	45755
the Board of Regents to Cleveland State University in support of	45756
the Maxine Goodman Levin College of Urban Affairs.	45757

Of the foregoing appropriation item 235-583, Urban University	45758
Programs, in each fiscal year $2,156,630 shall be distributed to	45759
the Northeast Ohio Research Consortium, the Urban Linkages	45760
Program, and the Urban Research Technical Assistance Grant	45761
Program. The distribution among the three programs shall be	45762
determined by the chair of the Urban University Program.	45763

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

45764

The foregoing appropriation item 235-595, International	45765
Center for Water Resources Development, shall be used to support	45766
the International Center for Water Resources Development at	45767
Central State University. The center shall develop methods to	45768
improve the management of water resources for Ohio and for	45769
emerging nations.	45770

RURAL UNIVERSITY PROJECTS

45771

Of the foregoing appropriation item 235-587, Rural University	45772
Projects, Bowling Green State University shall receive $212,072 in	45773
each fiscal year, Miami University shall receive $324,503 in each	45774
fiscal year, and Ohio University shall receive $740,977 in each	45775
fiscal year. These funds shall be used to support the Institute	45776
for Local Government Administration and Rural Development at Ohio	45777
University, the Center for Public Management and Regional Affairs	45778
at Miami University, and the Center for Policy Analysis and Public	45779
Service at Bowling Green State University.	45780

Of the foregoing appropriation item 235-587, Rural University	45781
Projects, $24,500 in each fiscal year shall be used to support the	45782
Washington State Community College day care center.	45783

Of the foregoing appropriation item 235-587, Rural University	45784
Projects, $73,500 in each fiscal year shall be used to support	45785
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	45786

A small portion of the funds provided to Ohio University	45787
shall also be used for the Institute for Local Government	45788
Administration and Rural Development State and Rural Policy	45789
Partnership with the Governor's Office of Appalachia and the	45790
Appalachian delegation of the General Assembly.	45791

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

45792

The foregoing appropriation item 235-588, Ohio Resource	45793
Center for Mathematics, Science, and Reading, shall be used to	45794
support a resource center for mathematics, science, and reading to	45795
be located at a state-assisted university for the purpose of	45796
identifying best educational practices in primary and secondary	45797
schools and establishing methods for communicating them to	45798
colleges of education and school districts.	45799

HAZARDOUS MATERIALS PROGRAM

45800

The foregoing appropriation item 235-596, Hazardous Materials	45801
Program, shall be disbursed to Cleveland State University for the	45802
operation of a program to certify firefighters for the handling of	45803
hazardous materials. Training shall be available to all Ohio	45804
firefighters.	45805

NATIONAL GUARD SCHOLARSHIP PROGRAM

45806

The Board of Regents shall disburse funds from appropriation	45807
item 235-599, National Guard Scholarship Program, at the direction	45808
of the Adjutant General.	45809

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

45810

The foregoing appropriation item 235-602, HEFC	45811
Administration, shall be used by the Board of Regents for	45812
operating expenses related to the Board of Regents' support of the	45813
activities of the Ohio Higher Educational Facility Commission.	45814
Upon the request of the chancellor, the Director of Budget and	45815
Management shall transfer up to $12,000 cash from Fund 461 to Fund	45816
4E8 in each fiscal year of the biennium.	45817

Section 92.11. BREAKTHROUGH INVESTMENTS	45818

OHIO PLAN STUDY COMMITTEE

45819

There is established the Ohio Plan Study Committee, which	45820
shall determine appropriate ways to fund the Ohio Plan for	45821
Technology and Development. The Study Committee shall consist of	45822
the Director of Budget and Management, the Chancellor of the Board	45823
of Regents, three members of the House of Representatives	45824
appointed by the Speaker, of whom no more than two shall be of the	45825
same political party, and three members of the Senate appointed by	45826
the President, of whom no more than two shall be of the same	45827
political party. Administrative support for the Study Committee	45828
shall be provided by the Board of Regents. The Study Committee	45829
shall report its recommendations to the Governor and the General	45830
Assembly no later than December 31, 2001. After it submits its	45831
report, the Study Committee shall cease to exist. The Ohio Plan	45832
for Technology and Development is intended to promote	45833
collaborative efforts among state government, higher education,	45834
and business and industry that will lead to the development of New	45835
Economy applications of science and technology and, ultimately,	45836
new business start-ups in the state and increased economic	45837
prosperity for the citizens of Ohio.	45838

APPALACHIAN NEW ECONOMY PARTNERSHIP

45839

The foregoing appropriation item 235-428, Appalachian New	45840
Economy Partnership, shall be used by the Board of Regents to	45841
begin a multicampus and multiagency coordinated effort to link	45842
Appalachia to the new economy. Funds shall be distributed to Ohio	45843
University to provide leadership in the development and	45844
implementation of initiatives in the areas of entrepreneurship,	45845
technology, education, and management.	45846

Section 92.12.  REPAYMENT OF RESEARCH FACILITY INVESTMENT	45847
FUND MONEYS	45848

Notwithstanding any provision of law to the contrary, all	45849
repayments of Research Facility Investment Fund loans shall be	45850
made to the Bond Service Trust Fund. All Research Facility	45851
Investment Fund loan repayments made prior to the effective date	45852
of this section shall be transferred by the Director of Budget and	45853
Management to the Bond Service Trust Fund within sixty days of the	45854
effective date of this section.	45855

Campuses shall make timely repayments of Research Facility	45856
Investment Fund loans, according to the schedule established by	45857
the Board of Regents. In the case of late payments, the Board of	45858
Regents may deduct from an institution's periodic subsidy	45859
distribution an amount equal to the amount of the overdue payment	45860
for that institution, transfer such amount to the Bond Service	45861
Trust Fund, and credit the appropriate institution for the	45862
repayment.	45863

VETERANS' PREFERENCES

45864

The Board of Regents shall work with the Governor's Office of	45865
Veterans' Affairs to develop specific veterans' preference	45866
guidelines for higher education institutions. These guidelines	45867
shall ensure that the institutions' hiring practices are in	45868
accordance with the intent of Ohio's veterans' preference laws.	45869

Section 92.13.  CENTRAL STATE UNIVERSITY

45870

(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and	45871
3345.76 of the Revised Code and rule 126:3-1-01 of the	45872
Administrative Code, Central State University shall adhere to the	45873
following fiscal standards:	45874

(1) Maintenance of a balanced budget and filing of quarterly	45875
reports on an annualized budget with the Board of Regents,	45876
comparing the budget to actual spending and revenues with	45877
projected expenditures and revenues for the remainder of the year.	45878
Such reports shall include narrative explanations as appropriate	45879
and be filed within 30 days of the end of the quarter.	45880

(2) Timely and accurate assessment of the current and	45881
projected cash flow of university funds, by fund type;	45882

(3) Timely reconciliation of all university cash and general	45883
ledger accounts, by fund;	45884

(4) Submission to the Auditor of State of financial	45885
statements consistent with audit requirements prescribed by the	45886
Auditor of State within four months after the end of the fiscal	45887
year;	45888

(5) Completion of an audit within six months after the end	45889
of the fiscal year.	45890

The Director of Budget and Management shall provide	45891
clarification to the university on these fiscal standards as	45892
deemed necessary. The director also may take such actions as are	45893
necessary to ensure that the university adheres to these standards	45894
and other fiscal standards consistent with generally accepted	45895
accounting principles and the requirements of external entities	45896
providing funding to the university. Such actions may include the	45897
appointment of a financial consultant to assist Central State	45898
University in the continuous process of design and implementation	45899
of responsible systems of financial management and accounting.	45900

(B) The director's fiscal oversight shall continue until	45901
such time as the university meets the same criteria as those	45902
created in paragraph (F) of rule 126:3-1-01 of the Administrative	45903
Code for the termination of a fiscal watch. At that time Central	45904
State University shall be relieved of the requirements of this	45905
section and subject to the requirements of sections 3345.72,	45906
3345.74, 3345.75, and 3345.76 of the Revised Code.	45907

Any encumbered funds remaining from appropriation item	45908
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6	45909
of the 122nd General Assembly shall be released during the	45910
2001-2003 biennium for nonrecurring expenses contingent upon the	45911
approval of the Director of Budget and Management.	45912

Section 93.  DRC DEPARTMENT OF REHABILITATION AND	45913

CORRECTION

45914

General Services Fund Group

45932

Federal Special Revenue Fund Group

45943

Intragovernmental Service Fund Group

45948

INSTITUTIONAL OPERATIONS

45954

The Department of Rehabilitation and Correction originally	45955
submitted a biennial budget request to the Office of Budget and	45956
Management that included GRF funding totaling $835,248,064 in	45957
fiscal year 2002 and $881,385,043 in fiscal year 2003 for its	45958
appropriation item 501-321, Institutional Operations, for the	45959
purpose of funding the cost of its fiscal year 2001 level of	45960
institutional programs and services in fiscal years 2002 and 2003.	45961
The executive budget then recommended appropriations in	45962
appropriation item 501-321 of $812,303,733 in fiscal year 2002 and	45963
$854,722,041 in fiscal year 2003, which were less than what the	45964
department requested for the purpose of funding the cost of its	45965
fiscal year 2001 level of institutional programs and services in	45966
fiscal years 2002 and 2003 by $22,944,331 and $26,663,002,	45967
respectively. Subsequent to the appropriation amounts recommended	45968
in the executive budget, the appropriations in appropriation item	45969
501-321 were reduced to $808,242,214 in fiscal year 2002 and	45970
$850,448,431 in fiscal year 2003. These appropriation amounts in	45971
appropriation item 501-321 were subsequently reduced a second time	45972
to $803,742,214 in fiscal year 2002 and $845,948,431 in fiscal	45973
year 2003. This second reduction in the appropriations in	45974
appropriation item 501-321 shall not be used by the department as	45975
a justification to reduce the department's institutional operating	45976
expenses by closing any of the department's thirty-four existing	45977
correctional institutions or by reducing the number of correction	45978
officers currently working in those correctional institutions.	45979

OHIO BUILDING AUTHORITY LEASE PAYMENTS

45980

The foregoing appropriation item 501-406, Lease Rental	45981
Payments, shall be used for payments to the Ohio Building	45982
Authority for the period July 1, 2001, to June 30, 2003, pursuant	45983
to the primary leases and agreements for those buildings made	45984
under Chapter 152. of the Revised Code in the amount of	45985
$298,882,600, which are the source of funds pledged for bond	45986
service charges on related obligations issued pursuant to Chapter	45987
152. of the Revised Code.	45988

PRISONER COMPENSATION

45989

Money from the foregoing appropriation item 501-403, Prisoner	45990
Compensation, shall be transferred on a quarterly basis by	45991
intrastate transfer voucher to Fund 148 for the purposes of paying	45992
prisoner compensation.	45993

CBCF Title XX FUNDS

45994

Not later than July 15, 2001, the Director of Budget and	45995
Management shall transfer $1,800,000 from Fund 3W3, Adult Special	45996
Needs, to the General Revenue Fund. Not later than July 15, 2002,	45997
the Director of Budget and Management shall transfer $5,400,000	45998
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.	45999

INMATE DEVELOPMENT PROGRAM

46000

Of the foregoing appropriation item 503-321, Parole and	46001
Community Operations, at least $30,000 in each fiscal year shall	46002
be used for an inmate development program.	46003

INSTITUTION RECOVERY SERVICES

46004

Of the foregoing appropriation item 507-321, Institution	46005
Recovery Services, $50,000 in each fiscal year shall be used to	46006
fund a demonstration project using innovative alcohol and	46007
substance abuse treatment methods.	46008

Section 94.  RSC REHABILITATION SERVICES COMMISSION	46009

General Revenue Fund

46010

General Services Fund Group

46023

Federal Special Revenue Fund Group

46028

State Special Revenue Fund Group

46041

STAND CONCESSIONS FUND - CREDITING OF INCOME

46047

In crediting interest and other income earned on moneys	46048
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	46049
of State and Director of Budget and Management shall ensure that	46050
the requirements of section 3304.35 of the Revised Code are met.	46051

PERSONAL CARE ASSISTANCE

46052

The foregoing appropriation item 415-401, Personal Care	46053
Assistance, shall be used in addition to Social Security	46054
reimbursement funds to provide personal care assistance services.	46055
These funds shall not be used in lieu of Social Security	46056
reimbursement funds.	46057

MR/DD SERVICES

46058

The foregoing appropriation item 415-404, MR/DD Services,	46059
shall be used as state matching funds to provide vocational	46060
rehabilitation services to mutually eligible clients between the	46061
Rehabilitation Services Commission and the Department of Mental	46062
Retardation and Developmental Disabilities. The Rehabilitation	46063
Services Commission shall report to the Department of Mental	46064
Retardation and Developmental Disabilities, as outlined in an	46065
interagency agreement, on the number and status of mutually	46066
eligible clients and the status of the funds and expenditures for	46067
these clients.	46068

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

46069

The foregoing appropriation item 415-405, Vocational	46070
Rehabilitation/Job and Family Services, shall be used as state	46071
matching funds to provide vocational rehabilitation services to	46072
mutually eligible clients between the Rehabilitation Services	46073
Commission and the Department of Job and Family Services. The	46074
Rehabilitation Services Commission shall report to the Department	46075
of Job and Family Services, as outlined in an interagency	46076
agreement, on the number and status of mutually eligible clients	46077
and the status of the funds and expenditures for these clients.	46078

OFFICE FOR PEOPLE WITH BRAIN INJURY

46079

Of the foregoing appropriation item 415-431, Office for	46080
People with Brain Injury, $100,000 in each fiscal year shall be	46081
used for the state match for a federal grant awarded through the	46082
Traumatic Brain Injury Act, Pub. L. No. 104-166. The remaining	46083
appropriation in this item shall be used to plan and coordinate	46084
head-injury-related services provided by state agencies and other	46085
government or private entities, to assess the needs for such	46086
services, and to set priorities in this area.	46087

SERVICES FOR PEOPLE WITH DISABILITIES

46088

On verification of the receipt of revenue in Fund 3W2, Title	46089
XX Vocational Rehabilitation, the Director of Budget and	46090
Management shall transfer those funds to the General Revenue Fund.	46091
The transferred funds are appropriated to appropriation item	46092
415-506, Services for People with Disabilities. The foregoing	46093
appropriation item 415-506, Services for People with Disabilities,	46094
includes transferred funds of $600,000 in fiscal year 2002 and	46095
$897,052 in fiscal year 2003.	46096

SERVICES FOR THE DEAF

46097

The foregoing appropriation item 415-508, Services for the	46098
Deaf, shall be used to supplement Social Security reimbursement	46099
funds used to provide grants to community centers for the deaf.	46100
These funds shall not be used in lieu of Social Security	46101
reimbursement funds.	46102

SERVICES FOR THE ELDERLY

46103

The foregoing appropriation item 415-509, Services for the	46104
Elderly, shall be used as matching funds for vocational	46105
rehabilitation services for eligible elderly citizens with a	46106
disability.	46107

SOCIAL SECURITY REIMBURSEMENT FUNDS

46108

Reimbursement funds received from the Social Security	46109
Administration, United States Department of Health and Human	46110
Services, for the costs of providing services and training to	46111
return disability recipients to gainful employment, shall be used	46112
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	46113

(A) Appropriation item 415-601, Social Security Personal	46114
Care Assistance, to provide personal care services in accordance	46115
with section 3304.41 of the Revised Code;	46116

(B) Appropriation item 415-605, Social Security Community	46117
Centers for the Deaf, to provide grants to community centers for	46118
the deaf in Ohio for services to individuals with hearing	46119
impairments;	46120

(C) Appropriation item 415-607, Social Security	46121
Administration Cost, to provide administrative services needed to	46122
administer the Social Security reimbursement program;	46123

(D) Appropriation item 415-608, Social Security Special	46124
Programs/Assistance, to provide vocational rehabilitation services	46125
to individuals with severe disabilities, who are Social Security	46126
beneficiaries, to achieve competitive employment. This item also	46127
includes funds to assist the Personal Care Assistance, Community	46128
Centers for the Deaf, and Independent Living Programs to pay their	46129
share of indirect costs as mandated by federal OMB Circular A-87.	46130

(E) Appropriation item 415-610, Social Security Vocational	46131
Rehabilitation, to provide vocational rehabilitation services to	46132
individuals with severe disabilities to achieve a noncompetitive	46133
employment goal such as homemaker.	46134

ADMINISTRATIVE EXPENSES

46135

The foregoing appropriation item 415-606, Administrative	46136
Expenses, shall be used to support the administrative functions of	46137
the commission related to the provision of vocational	46138
rehabilitation, disability determination services, and ancillary	46139
programs.	46140

INDEPENDENT LIVING COUNCIL

46141

The foregoing appropriation items 415-402, Independent Living	46142
Council, shall be used to fund the operations of the State	46143
Independent Living Council.	46144

MENTAL HEALTH SERVICES

46145

The foregoing appropriation item 415-403, Mental Health	46146
Services, shall be used for the provision of vocational	46147
rehabilitation services to mutually eligible consumers of the	46148
Rehabilitation Services Commission and the Department of Mental	46149
Health.	46150

The Department of Mental Health shall receive a quarterly	46151
report from the Rehabilitation Services Commission stating the	46152
numbers served, numbers placed in employment, average hourly wage,	46153
and average hours worked.	46154

INDEPENDENT LIVING SERVICES

46155

The foregoing appropriation items 415-520, Independent Living	46156
Services, and 415-612, Federal-Independent Living Centers or	46157
Services, shall be used to support state independent living	46158
centers or independent living services pursuant to Title VII of	46159
the Independent Living Services and Centers for Independent Living	46160
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	46161
U.S.C. 796d.	46162

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

46163

The foregoing appropriation item 415-617, Independent	46164
Living/Vocational Rehabilitation Programs, shall be used to	46165
support vocational rehabilitation programs, including, but not	46166
limited to, Projects with Industry and Training Grants.	46167

Section 95.  RCB RESPIRATORY CARE BOARD	46168

General Services Fund Group

46169

Section 96.  REVENUE DISTRIBUTION FUNDS	46175

Volunteer Firefighters' Dependents Fund

46176

Holding Account Redistribution

46187

ADDITIONAL APPROPRIATIONS

46206

Appropriation items in this section are to be used for the	46207
purpose of administering and distributing the designated revenue	46208
distributions fund according to the Revised Code. If it is	46209
determined that additional appropriations are necessary, such	46210
amounts are appropriated.	46211

Section 97.  SAN BOARD OF SANITARIAN REGISTRATION	46212

General Services Fund Group

46213

Section 98.  OSB OHIO STATE SCHOOL FOR THE BLIND

46219

General Revenue Fund

46220

General Services Fund Group

46225

State Special Revenue Fund Group

46229

Federal Special Revenue Fund Group

46233

Section 99.  OSD OHIO STATE SCHOOL FOR THE DEAF	46240

General Revenue Fund

46241

General Services Fund Group

46246

State Special Revenue Fund Group

46250

Federal Special Revenue Fund Group

46256

Section 100.  SFC SCHOOL FACILITIES COMMISSION

46265

General Revenue Fund

46266

State Special Revenue Fund Group

46270

Section 100.01. LEASE RENTAL PAYMENTS

46276

The foregoing appropriation item 230-428, Lease Rental	46277
Payments, shall be used to meet all payments at the times they are	46278
required to be made during the period from July 1, 2001, to June	46279
30, 2003, by the School Facilities Commission pursuant to leases	46280
and agreements made under section 3318.26 of the Revised Code, but	46281
limited to the aggregate amount of $79,299,600. Nothing in this	46282
act shall be deemed to contravene the obligation of the state to	46283
pay, without necessity for further appropriation, from the sources	46284
pledged thereto, the bond service charges on obligations issued	46285
pursuant to Chapter 3318. of the Revised Code.	46286

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

46287

The foregoing appropriation item 230-908, Common Schools	46288
General Obligation Debt Service, shall be used to pay all debt	46289
service and financing costs at the times they are required to be	46290
made pursuant to sections 151.01 and 151.03 of the Revised Code	46291
during the period from July 1, 2001, to June 30, 2003. The Office	46292
of the Sinking Fund or the Director of Budget and Management shall	46293
effectuate the required payments by an intrastate transfer	46294
voucher.	46295

OPERATING EXPENSES

46296

The foregoing appropriation item 230-644, Operating Expenses,	46297
shall be used by the Ohio School Facilities Commission to carry	46298
out its responsibilities pursuant to this section and Chapter	46299
3318. of the Revised Code.	46300

Within ten days after the effective date of this section, or	46301
as soon as possible thereafter, the Executive Director of the Ohio	46302
School Facilities Commission shall certify to the Director of	46303
Budget and Management the amount of cash to be transferred from	46304
the School Building Assistance Fund (Fund 032) or the Public	46305
School Building Fund (Fund 021) to the Ohio School Facilities	46306
Commission Fund (Fund 5E3).	46307

By July 10, 2002, the Executive Director of the Ohio School	46308
Facilities Commission shall certify to the Director of Budget and	46309
Management the amount of cash to be transferred from the School	46310
Building Assistance Fund (Fund 032) or the Public School Building	46311
Fund (Fund 021) to the Ohio School Facilities Commission Fund	46312
(Fund 5E3).	46313

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

46314

At the request of the Executive Director of the Ohio School	46315
Facilities Commission, the Director of Budget and Management may	46316
cancel encumbrances for school district projects from a previous	46317
biennium if the district has not raised its local share of project	46318
costs within one year of receiving Controlling Board approval in	46319
accordance with section 3318.05 of the Revised Code. The	46320
Executive Director of the Ohio School Facilities Commission shall	46321
certify the amounts of these canceled encumbrances to the Director	46322
of Budget and Management on a quarterly basis. The amounts of the	46323
canceled encumbrances are appropriated.	46324

DISABILITY ACCESS PROJECTS

46325

The unencumbered and unallotted balances as of June 30, 2001,	46326
in appropriation item 230-649, Disability Access Project, are	46327
hereby reappropriated. The unencumbered and unallotted balances	46328
of the appropriation at the end of fiscal year 2002 are hereby	46329
reappropriated in fiscal year 2003 to fund capital projects	46330
pursuant to this section.	46331

(A) As used in this section:

46332

(1) "Percentile" means the percentile in which a school	46333
district is ranked according to the fiscal year 1998 ranking of	46334
school districts with regard to income and property wealth under	46335
division (B) of section 3318.011 of the Revised Code.	46336

(2) "School district" means a city, local, or exempted	46337
village school district, but excluding a school district that is	46338
one of the state's 21 urban school districts as defined in	46339
division (O) of section 3317.02 of the Revised Code, as that	46340
section existed prior to July 1, 1998.	46341

(3) "Valuation per pupil" means a district's total taxable	46342
value as defined in section 3317.02 of the Revised Code divided by	46343
the district's ADM as defined in division (A) of section 3317.02	46344
of the Revised Code as that section existed prior to July 1, 1998.	46345

(B) The School Facilities Commission shall adopt rules for	46346
awarding grants to school districts with a valuation per pupil of	46347
less than $200,000, to be used for construction, reconstruction,	46348
or renovation projects in classroom facilities, the purpose of	46349
which is to improve access to such facilities by physically	46350
handicapped persons. The rules shall include application	46351
procedures. No school district shall be awarded a grant under	46352
this section in excess of $100,000. In addition, any school	46353
district shall be required to pay a percentage of the cost of the	46354
project or which the grant is being awarded equal to the	46355
percentile in which the district is ranked.	46356

(C) The School Facilities Commission is hereby authorized to	46357
transfer a portion of appropriation item CAP-622, Public School	46358
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General	46359
Assembly, to CAP-777, Disability Access Projects, to provide funds	46360
to make payments resulting from the approval of applications for	46361
disability access grants received prior to January 1, 1999. The	46362
amounts transferred are appropriated.	46363

Section 100.02. In fiscal year 2002, the Director of Budget	46364
and Management shall deposit into the Community School Classroom	46365
Facilities Loan Guarantee Fund, established under section 3318.52	46366
of the Revised Code, not less than ten million dollars from the	46367
moneys that have been appropriated to the Ohio School Facilities	46368
Commission for capital projects. The moneys so deposited shall be	46369
used by the Commission to guarantee loans to community schools	46370
under section 3318.50 of the Revised Code.	46371

Section 101.  NET OHIO SCHOOLNET COMMISSION

46372

General Revenue Fund

46373

General Services Fund Group

46378

State Special Revenue Fund Group

46383

Federal Special Revenue Fund Group

46389

Section 101.01. INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM

46395

The unencumbered and unalloted balances as of June 30, 2001,	46396
in appropriation item 228-650, Interactive Distance Learning, are	46397
reappropriated to fund projects pursuant to this section. The	46398
unencumbered and unallotted balances as of June 30, 2002, in	46399
appropriation item 228-650, Interactive Distance learning, are	46400
reappropriated for fiscal year 2003 to continue projects started	46401
in fiscal year 2002. The foregoing appropriation item 228-650,	46402
Interactive Distance Learning shall be used to extend the	46403
Interactive Video Distance Learning Program in accordance with the	46404
statewide educational technology strategic plan. Not later than	46405
the fifteenth day of July 2001, the Director of Budget and	46406
Management shall transfer $4,086,000 from the General Revenue Fund	46407
to Fund 5G0, Interactive Distance Learning. The commission shall	46408
adopt procedures for the administration and implementation of the	46409
Interactive Video Distance Learning Program, which shall include	46410
application procedures, specifications for distance learning	46411
technology, and terms and conditions for participation in the	46412
program. The commission shall not approve any application for	46413
participation unless it determines that the applicant can	46414
effectively and efficiently integrate the proposed distance	46415
learning technology into schools or the selected schools or	46416
classrooms for the phase of the program. The commission shall	46417
consider the Interactive Video Distance Learning Pilot established	46418
in Am. Sub. H.B. 215 of the 122nd General Assembly, and the Ohio	46419
SchoolNet Telecommunity program in Am. Sub. H. B. 627 of the 121st	46420
General Assembly, in developing application procedures and	46421
criteria for the Interactive Video Distance Learning Program. The	46422
commission shall give preference to lower wealth districts or	46423
consortia of such districts that do not have existing video	46424
teleconferencing technology.	46425

SCHOOLNET PLUS PROGRAM

46426

All appropriations that are unencumbered and unallotted in	46427
appropriation item 228-698, SchoolNet Plus, as of June 30, 2001,	46428
are hereby reappropriated for the same purpose in fiscal year 2002	46429
upon the request of the Executive Director of the Ohio SchoolNet	46430
Commission and the approval of the Director of Budget and	46431
Management.	46432

Not later than the fifteenth day of July 2001, the Director	46433
of Budget and Management shall transfer $2,707,605 cash from the	46434
Human Resources Services Fund (Fund 125) within the General	46435
Services Fund Group to Fund 4Y4, SchoolNet Plus. Not later than	46436
the fifteenth day of July 2002, the Director of Budget and	46437
Management shall transfer $2,826,540 cash from the Human Resources	46438
Services Fund (Fund 125) within the General Services Fund Group to	46439
Fund 4Y4, SchoolNet Plus.	46440

Of the foregoing appropriation item 228-698, SchoolNet Plus,	46441
up to $1,841,655 in fiscal year 2002 and up to $1,917,293 in	46442
fiscal year 2003 shall be used to fund the ONEnet Ohio project to	46443
link all public K-12 classrooms to each other and the Internet,	46444
and to provide access to voice, video, and data educational	46445
resources for students and teachers.	46446

Of the foregoing appropriation item 228-698, SchoolNet Plus,	46447
up to $865,950 in fiscal year 2002 and up to $909,247 in fiscal	46448
year 2003 shall be provided by the Ohio SchoolNet Commission to	46449
the INFOhio Network of library resources to support the provision	46450
of electronic resources to all public schools with preference	46451
given to elementary schools. Consideration should be given to	46452
coordinating the allocation of these moneys with the efforts of	46453
OhioLINK and the Ohio Public Information Network.	46454

TECHNICAL AND INSTRUCTIONAL PROFESSIONAL DEVELOPMENT

46455

The foregoing appropriation item 228-406, Technical and	46456
Instructional Professional Development, shall be used by the Ohio	46457
SchoolNet Commission to make grants to qualifying schools,	46458
including the State School for the Blind and the Ohio School for	46459
the Deaf, for the provision of hardware, software,	46460
telecommunications services, and staff development to support	46461
educational uses of technology in the classroom.	46462

The Ohio SchoolNet Commission shall consider the professional	46463
development needs associated with the OhioReads Program when	46464
making funding allocations and program decisions.	46465

The Ohio Educational Telecommunications Network Commission,	46466
with the advice of the Ohio SchoolNet Commission, shall make	46467
grants totaling up to $1,400,000 in each year of the biennium for	46468
research development and production of interactive instructional	46469
programming series and teleconferences to support SchoolNet. Up	46470
to $55,000 of this amount shall be used in each year of the	46471
biennium to provide for the administration of these activities by	46472
the Ohio Educational Telecommunications Network Commission. The	46473
programming shall be targeted to the needs of the poorest 200	46474
school districts as determined by the district's adjusted	46475
valuation per pupil as defined in section 3317.0213 of the Revised	46476
Code.	46477

Of the foregoing appropriation item 228-406, Technical and	46478
Instructional Professional Development, $2,900,000 in each fiscal	46479
year shall be distributed by the Ohio SchoolNet Commission to	46480
low-wealth districts or consortia including low-wealth school	46481
districts, as determined by the district's adjusted valuation per	46482
pupil as defined in section 3317.0213 of the Revised Code, or the	46483
State School for the Blind or the Ohio School for the Deaf.	46484

The remaining appropriation allocated in appropriation item	46485
228-406, Technical and Instructional Professional Development,	46486
shall be used by the Ohio SchoolNet Commission for professional	46487
development for teachers and administrators for the use of	46488
educational technology. The commission shall make grants to	46489
provide technical assistance and professional development on the	46490
use of educational technology to school districts.	46491

Eligible recipients of grants include regional training	46492
centers, county offices of education, data collection sites,	46493
instructional technology centers, institutions of higher	46494
education, public television stations, special education resource	46495
centers, area media centers, or other nonprofit educational	46496
organizations. Services provided through these grants may include	46497
use of private entities subcontracting through the grant	46498
recipient.	46499

Grants shall be made to entities on a contractual basis with	46500
the Ohio SchoolNet Commission. Contracts shall include provisions	46501
that demonstrate how services will benefit technology use in the	46502
schools, and in particular will support SchoolNet efforts to	46503
support technology in the schools. Contracts shall specify the	46504
scope of assistance being offered and the potential number of	46505
professionals who will be served. Contracting entities may be	46506
awarded more than one grant at a time.	46507

Grants shall be awarded in a manner consistent with the goals	46508
of SchoolNet. Special emphasis in the award of grants shall be	46509
placed on collaborative efforts among service providers.	46510

Application for grants from this appropriation in	46511
appropriation item 228-406, Technical and Instructional	46512
Professional Development, shall be consistent with a school	46513
district's technology plan that shall meet the minimum	46514
specifications for school district technology plans as prescribed	46515
by the Ohio SchoolNet Commission. Funds allocated through these	46516
grants may be combined with funds received through other state or	46517
federal grants for technology so long as the school district's	46518
technology plan specifies the use of these funds. The commission	46519
may combine the application for these grants with the SchoolNet	46520
application process authorized in Am. Sub. H.B. 790 of the 120th	46521
General Assembly.	46522

EDUCATION TECHNOLOGY

46523

The foregoing appropriation item 228-539, Education	46524
Technology, shall be used to provide funding to suppliers of	46525
information services to school districts for the provision of	46526
hardware, software, and staff development in support of	46527
educational uses of technology in the classroom as prescribed by	46528
the State Plan for Technology pursuant to section 3301.07 of the	46529
Revised Code, and to support assistive technology for children and	46530
youth with disabilities.	46531

Up to $5,200,000 in each fiscal year shall be used by the	46532
Ohio SchoolNet Commission to contract with instructional	46533
television, and $850,000 in fiscal year 2002, and $840,000 in	46534
fiscal year 2003 shall be used by the commission to contract with	46535
education media centers to provide Ohio schools with instructional	46536
resources and services.	46537

Resources may include, but not be limited to, the following:	46538
pre-recorded video materials (including videotape, laser discs,	46539
and CD-ROM discs); computer software for student use or student	46540
access to electronic communication, databases, spreadsheet, and	46541
word processing capability; live student courses or courses	46542
delivered electronically; automated media systems; and	46543
instructional and professional development materials for teachers.	46544
The commission shall cooperate with education technology agencies	46545
in the acquisition, development, and delivery of such educational	46546
resources to ensure high-quality and educational soundness at the	46547
lowest possible cost. Delivery of such resources may utilize a	46548
variety of technologies, with preference given to a high-speed	46549
integrated information network that can transport video, voice,	46550
data, and graphics simultaneously.	46551

Services shall include presentations and technical assistance	46552
that will help students and teachers integrate educational	46553
materials that support curriculum objectives, match specific	46554
learning styles, and are appropriate for individual interests and	46555
ability levels.	46556

Such instructional resources and services shall be made	46557
available for purchase by chartered nonpublic schools or by public	46558
school districts for the benefit of pupils attending chartered	46559
nonpublic schools.	46560

DISTANCE LEARNING

46561

Appropriation item 228-634, Distance Learning, shall be	46562
distributed by the Ohio SchoolNet Commission on a grant basis to	46563
eligible school districts to establish "distance learning" in the	46564
school district. Per the agreement with Ameritech, school	46565
districts are eligible for funds if they are within an Ameritech	46566
service area. Funds to administer the program shall be expended	46567
by the commission up to the amount specified in the agreement with	46568
Ameritech.	46569

Within 30 days after the effective date of this section, the	46570
Director of Budget and Management shall transfer to fund 4X1 in	46571
the State Special Revenue Fund Group any investment earnings from	46572
moneys paid to the office or to the SchoolNet Commission by any	46573
telephone company as part of a settlement agreement between the	46574
company and the Public Utilities Commission in fiscal year 1995.	46575

ELECTRICAL INFRASTRUCTURE

46576

The unencumbered and unallotted balances of June 30, 2001, in	46577
appropriation item 228-690, SchoolNet Electrical Infrastructure,	46578
are reappropriated to fund projects pursuant to this section. The	46579
foregoing appropriation item may be distributed by the Ohio	46580
SchoolNet Commission for use by school districts to renovate	46581
existing buildings with sufficient electrical service to safely	46582
operate educational technology consistent with their SchoolNet and	46583
SchoolNet Plus technology plans. The Executive Director of the	46584
Ohio SchoolNet Commission shall review grant proposals from school	46585
districts for the use of these funds. In evaluating grant	46586
proposals, the executive director shall consider the ability and	46587
commitment of school districts to contribute local public and	46588
private resources to upgrade their electrical service and shall	46589
give consideration to consortia of school districts that have	46590
formed to optimize resources to upgrade electrical service. In no	46591
case shall grant awards exceed $1,000,000 for a single school	46592
district. Funding recommendations for this appropriation made by	46593
the executive director are subject to the review of the Ohio	46594
SchoolNet Commission.	46595

Section 101.02. There is hereby created the Ohio Schools	46596
Technology Implementation Task Force. The Task Force shall	46597
develop recommendations based upon the findings from the	46598
Independent Review and Strategic Plan authorized to be completed	46599
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of	46600
the 123rd General Assembly, for a comprehensive framework for	46601
coordinating the planning and implementation of technology in Ohio	46602
schools. The Task Force shall examine and make long-term	46603
recommendations for technology funding for Ohio's primary and	46604
secondary schools as well as for the operational costs of the Ohio	46605
SchoolNet Commission.	46606

The Task Force shall be composed of six voting members, three	46607
of whom shall be members of the Senate appointed by the President	46608
of the Senate and three of whom shall be members of the House of	46609
Representatives appointed by the Speaker of the House of	46610
Representatives. Not more than two members from each house shall	46611
be members of the same political party. From among these six	46612
voting members, the President of the Senate and the Speaker of the	46613
House of Representatives jointly shall appoint a chairperson of	46614
the Task Force. The Task Force shall include as ex officio	46615
nonvoting members the Superintendent of Public Instruction or the	46616
Superintendent?s designee, the Director of Budget and Management	46617
or the Director's designee, the Director of Administrative	46618
Services or the Director's designee, the Executive Director of the	46619
Ohio SchoolNet Commission or the Executive Director?s designee, a	46620
representative designated by the head of the Ohio Education	46621
Computer Network, a representative designated by the Chairperson	46622
of the Public Utilities Commission of Ohio, a representative	46623
appointed by the Chairperson of the Ohio Educational	46624
Telecommunications Network Commission, a representative of Ohio?s	46625
business community appointed by the President of the Senate, and a	46626
representative from an educational service center appointed by the	46627
Speaker of the House of Representatives. The voting members may,	46628
by majority vote, elect to include any number of additional	46629
nonvoting members.	46630

The Legislative Service Commission shall provide any staffing	46631
assistance requested by the Task Force. The Task Force shall	46632
issue a report not later than December 1, 2002. Upon issuing its	46633
report, the Task Force shall cease to exist.	46634

Section 102.  SOS SECRETARY OF STATE

46635

General Revenue Fund

46636

General Services Fund Group

46642

State Special Revenue Fund Group

46647

Holding Account Redistribution Fund Group

46652

BOARD OF VOTING MACHINE EXAMINERS

46658

The foregoing appropriation item 050-610, Board of Voting	46659
Machine Examiners, shall be used to pay for the services and	46660
expenses of the members of the Board of Voting Machine Examiners,	46661
and for other expenses that are authorized to be paid from the	46662
Board of Voting Machine Examiners Fund, which is created in	46663
section 3506.05 of the Revised Code. Moneys not used shall be	46664
returned to the person or entity submitting the equipment for	46665
examination. If it is determined that additional appropriations	46666
are necessary, such amounts are appropriated.	46667

HOLDING ACCOUNT REDISTRIBUTION GROUP

46668

The foregoing appropriation items 050-605 and 050-606,	46669
Holding Account Redistribution Fund Group, shall be used to hold	46670
revenues until they are directed to the appropriate accounts or	46671
until they are refunded. If it is determined that additional	46672
appropriations are necessary, such amounts are appropriated.	46673

Section 103.  SEN THE OHIO SENATE	46674

General Revenue Fund

46675

General Services Fund Group

46678

Section 104.  CSF COMMISSIONERS OF THE SINKING FUND

46685

Debt Service Fund Group

46686

ADDITIONAL APPROPRIATIONS

46696

Appropriation items in this section are for the purpose of	46697
paying on bonds or other instruments of indebtedness of this	46698
state issued pursuant to the Ohio Constitution and acts of the	46699
General Assembly. If it is determined that additional	46700
appropriations are necessary, such amounts are appropriated.	46701

Section 105.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY	46702

& AUDIOLOGY

46703

General Services Fund Group

46704

Section 106.  BTA BOARD OF TAX APPEALS	46710

General Revenue Fund

46711

General Services Fund Group

46714

Section 107. TAX DEPARTMENT OF TAXATION

46720

General Revenue Fund

46721

Agency Fund Group

46727

General Services Fund Group

46730

State Special Revenue Fund Group

46734

Federal Special Revenue Fund Group

46748

Holding Account Redistribution Fund Group

46752

LITTER CONTROL TAX ADMINISTRATION FUND

46758

Notwithstanding section 5733.12 of the Revised Code, during	46759
the period from July 1, 2001, to June 30, 2002, the amount of	46760
$594,726, and during the period from July 1, 2002, to June 30,	46761
2003, the amount of $625,232, received by the Treasurer of State	46762
under Chapter 5733. of the Revised Code, shall be credited to the	46763
Litter Control Tax Administration Fund (Fund 437).	46764

INTERNATIONAL REGISTRATION PLAN AUDIT

46765

The foregoing appropriation item 110-616, International	46766
Registration Plan, shall be used pursuant to section 5703.12 of	46767
the Revised Code for audits of persons with vehicles registered	46768
under the International Registration Plan.	46769

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	46770
EXEMPTION	46771

The foregoing appropriation item 110-901, Property Tax	46772
Allocation - Taxation, is appropriated to pay for the state's	46773
costs incurred due to the Homestead Exemption, the Manufactured	46774
Home Property Tax Rollback, and the Property Tax Rollback. The	46775
Tax Commissioner shall distribute these funds directly to the	46776
appropriate local taxing districts of the state, except for school	46777
districts, notwithstanding the provisions in sections 321.24 and	46778
323.156 of the Revised Code, which provide for payment of the	46779
Homestead Exemption, the Manufactured Home Property Tax Rollback,	46780
and Property Tax Rollback by the Tax Commissioner to the	46781
appropriate county treasurer and the subsequent redistribution of	46782
these funds to the appropriate local taxing districts by the	46783
county auditor.	46784

The foregoing appropriation item 110-906, Tangible Tax	46785
Exemption - Taxation, is appropriated to pay for the state's costs	46786
incurred due to the tangible personal property tax exemption	46787
required by division (C)(3) of section 5709.01 of the Revised	46788
Code. The Tax Commissioner shall distribute to each county	46789
treasurer the total amount certified by the county treasurer	46790
pursuant to section 319.311 of the Revised Code for all local	46791
taxing districts located in the county except for school	46792
districts, notwithstanding the provision in section 319.311 of the	46793
Revised Code which provides for payment of the $10,000 tangible	46794
personal property tax exemption by the Tax Commissioner to the	46795
appropriate county treasurer for all local taxing districts	46796
located in the county including school districts. Pursuant to	46797
division (G) of section 321.24 of the Revised Code, the county	46798
auditor shall distribute the amount paid by the Tax Commissioner	46799
among the appropriate local taxing districts except for school	46800
districts.	46801

Upon receipt of these amounts, each local taxing district	46802
shall distribute the amount among the proper funds as if it had	46803
been paid as real or tangible personal property taxes. Payments	46804
for the costs of administration shall continue to be paid to the	46805
county treasurer and county auditor as provided for in sections	46806
319.54, 321.26, and 323.156 of the Revised Code.	46807

Any sums, in addition to the amounts specifically	46808
appropriated in appropriation items 110-901, Property Tax	46809
Allocation - Taxation, for the Homestead Exemption, the	46810
Manufactured Home Property Tax Rollback, and the Property Tax	46811
Rollback payments, and 110-906, Tangible Tax Exemption, for the	46812
$10,000 tangible personal property tax exemption payments, which	46813
are determined to be necessary for these purposes, are	46814
appropriated.	46815

TAX REFUNDS

46816

The foregoing appropriation item 110-635, Tax Refunds, shall	46817
be used to pay refunds as provided in section 5703.052 of the	46818
Revised Code. If it is determined that additional appropriations	46819
are necessary, such amounts are appropriated.	46820

Section 108.  DOT DEPARTMENT OF TRANSPORTATION

46821

Transportation Modes

46822

General Revenue Fund

46823

Federal Special Revenue Fund Group

46832

State Special Revenue Fund Group

46836

AVIATION LEASE PAYMENTS

46842

The foregoing appropriation item 777-473, Rickenbacker Lease	46843
Payments - State, shall be used to meet scheduled payments for the	46844
Rickenbacker Port Authority. The Director of Transportation shall	46845
certify to the Director of Budget and Management any	46846
appropriations in appropriation item 777-473, Rickenbacker Lease	46847
Payments - State, that are not needed to make lease payments for	46848
the Rickenbacker Port Authority. Notwithstanding section 127.14	46849
of the Revised Code, the amount certified may be transferred by	46850
the Director of Budget and Management to appropriation item	46851
777-471, Airport Improvements - State.	46852

TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION

46853

The Director of Budget and Management may approve requests	46854
from the Department of Transportation for the transfer of	46855
appropriations between appropriation item 775-451, Public	46856
Transportation - State, and appropriation item 775-458, Elderly	46857
and Disabled Fare Assistance. Transfers between appropriation	46858
items shall be made upon the written request of the Director of	46859
Transportation and with the approval of the Director of Budget and	46860
Management. Such transfers shall be reported to the Controlling	46861
Board.	46862

RAILROAD CROSSING AND GRADE SEPARATION

46863

The foregoing appropriation item 776-466, Railroad Crossing	46864
and Grade Separation, shall be used to fund the Rail Crossing	46865
Safety Initiative, which will provide improvements to communities	46866
most affected by rail traffic and related issues.	46867

Section 109.  TOS TREASURER OF STATE

46868

General Revenue Fund

46869

Agency Fund Group

46885

General Services Fund Group

46888

State Special Revenue Fund Group

46899

Section 109.01.  OFFICE OF THE SINKING FUND

46905

The foregoing appropriation item 090-401, Office of the	46906
Sinking Fund, shall be used for all costs incurred by order of, or	46907
on behalf of, the Commissioners of the Sinking Fund, the Ohio	46908
Public Facilities Commission, or the Treasurer of State, with	46909
respect to the issuance, sale, and payment of State of Ohio	46910
general obligation bonds or notes, including, but not limited to,	46911
printing, advertising, delivery, rating fees and the procurement	46912
of ratings, and other services set forth in division (D) of	46913
section 151.01 of the Revised Code. The General Revenue Fund	46914
shall be reimbursed for such costs by intrastate transfer voucher	46915
pursuant to a certification by the Office of the Sinking Fund of	46916
the actual amounts used. The amounts necessary to make such	46917
reimbursements are appropriated from the general obligation bond	46918
retirement funds created by the Constitution and laws to the	46919
extent such costs are incurred.	46920

Section 109.02. POLICE AND FIRE DEATH BENEFIT FUND	46921

The foregoing appropriation item 090-575, Police and Fire	46922
Death Benefits, shall be disbursed annually by the Treasurer of	46923
State at the beginning of each fiscal year to the Board of	46924
Trustees of the Ohio Police and Fire Pension Fund. By the	46925
twentieth day of June of each year, the Board of Trustees of the	46926
Ohio Police and Fire Pension Fund shall certify to the Treasurer	46927
of State the amount disbursed in the current fiscal year to make	46928
the payments required by section 742.63 of the Revised Code and	46929
shall return to the Treasurer of State moneys received from this	46930
item but not disbursed.	46931

Section 110.  UST PETROLEUM UNDERGROUND STORAGE TANK	46932

RELEASE COMPENSATION BOARD

46933

State Special Revenue Fund Group

46934

Section 111.  TTA OHIO TUITION TRUST AUTHORITY	46940

State Special Revenue Fund Group

46941

Section 112.  OVH OHIO VETERANS' HOME	46947

General Revenue Fund

46948

Federal Special Revenue Fund Group

46952

State Special Revenue Fund Group

46956

Section 113.  VET VETERANS' ORGANIZATIONS

46964

General Revenue Fund

46965

VAP AMERICAN EX-PRISONERS OF WAR

46966

VAN ARMY AND NAVY UNION, USA, INC.

46968

VKW KOREAN WAR VETERANS

46970

VJW JEWISH WAR VETERANS

46972

VCW CATHOLIC WAR VETERANS

46974

VPH MILITARY ORDER OF THE PURPLE HEART

46976

VVV VIETNAM VETERANS OF AMERICA

46978

VAL AMERICAN LEGION OF OHIO

46980

VII VETERANS OF WORLD WAR II-KOREA-VIETNAM

46982

VAV DISABLED AMERICAN VETERANS

46984

VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO

46986

VMC MARINE CORPS LEAGUE

46988

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

46990

VFW VETERANS OF FOREIGN WARS

46992

VWI VETERANS OF WORLD WAR I

46994

RELEASE OF FUNDS

46998

The foregoing appropriation items 743-501, 746-501, 747-501,	46999
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	47000
755-501, 756-501, 757-501, 758-501, and 759-501, State Support,	47001
shall be released upon approval by the Director of Budget and	47002
Management.	47003

AMERICAN EX-PRISONERS OF WAR

47004

The American Ex-Prisoners of War shall be permitted to share	47005
an office with the Veterans of World War I.	47006

CENTRAL OHIO UNITED SERVICES ORGANIZATION

47007

Of the foregoing appropriation item 751-501, State Support,	47008
Vietnam Veterans of America, $50,000 in each fiscal year shall be	47009
used to support the activities of the Central Ohio USO.	47010

VETERANS SERVICE COMMISSION EDUCATION

47011

Of the foregoing appropriation item 753-501, State Support,	47012
Veterans of World War II-Korea-Vietnam, up to $20,000 in each	47013
fiscal year may be used to provide moneys to the Association of	47014
County Veterans Service Commissioners to reimburse its member	47015
county veterans service commissions for costs incurred in carrying	47016
out educational and outreach duties required under divisions (E)	47017
and (F) of section 5901.03 of the Revised Code. Upon the	47018
presentation of an itemized statement to the Office of Veterans	47019
Affairs, the office shall direct the Auditor of State to issue a	47020
warrant upon the state treasury to the association to reimburse	47021
member commissions for reasonable and appropriate expenses	47022
incurred performing these duties. The association shall establish	47023
uniform procedures for reimbursing member commissions.	47024

Section 114.  DVM STATE VETERINARY MEDICAL BOARD	47025

General Services Fund Group

47026

Section 115.  DYS DEPARTMENT OF YOUTH SERVICES	47032

General Revenue Fund

47033

General Services Fund Group

47043

Federal Special Revenue Fund Group

47051

State Special Revenue Fund Group

47062

OHIO BUILDING AUTHORITY LEASE PAYMENTS

47069

The foregoing appropriation item 470-412, Lease Rental	47070
Payments, in the Department of Youth Services, shall be used for	47071
payments, limited to the aggregate amount of $36,116,600, to the	47072
Ohio Building Authority for the period from July 1, 2001, to June	47073
30, 2003, pursuant to the primary leases and agreements for	47074
facilities made under Chapter 152. of the Revised Code, which are	47075
the source of funds pledged for bond service charges on related	47076
obligations issued pursuant to Chapter 152. of the Revised Code.	47077

RECLAIM OHIO

47078

In determining the amount of moneys necessary to fund the	47079
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal	47080
years 2002 and 2003, the Department of Youth Services shall	47081
compute the number of state target youth for each fiscal year. As	47082
defined in section 5139.01 of the Revised Code, "state target	47083
youth" means twenty-five per cent of the projected total number of	47084
felony-level delinquency adjudications in the juvenile courts for	47085
each year of a biennium, factoring in revocations and	47086
recommitments. The foregoing appropriation item 470-401, RECLAIM	47087
Ohio, shall provide for an amount not less than $98 per day for	47088
each state target youth or not less than $20,000 per year for each	47089
state target youth for each year of the biennium.	47090

EMPLOYEE FOOD SERVICE AND EQUIPMENT

47091

Notwithstanding section 125.14 of the Revised Code, the	47092
foregoing appropriation item 470-609, Employee Food Service, may	47093
be used to purchase any food operational items with funds received	47094
into the fund from reimbursement for state surplus property.	47095

EDUCATION REIMBURSEMENT

47096

The foregoing appropriation item 470-613, Education	47097
Reimbursement, shall be used to fund the operating expenses of	47098
providing educational services to youth supervised by the	47099
Department of Youth Services. Operating expenses include, but are	47100
not limited to, teachers' salaries, maintenance costs, and	47101
educational equipment. This appropriation item shall not be used	47102
for capital expenses.	47103

FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES

47104

Pursuant to section 5139.281 of the Revised Code, funding	47105
provided to a county for the operation and maintenance of each	47106
home shall be in an amount of fifty per cent of the approved	47107
annual operating cost, but shall not be in excess of $156,928 in	47108
each fiscal year.	47109

FEDERAL PROGRAM TRANSFER OF JUVENILE JUSTICE FROM THE OFFICE	47110
OF CRIMINAL JUSTICE SERVICES	47111

On July 1, 2001, responsibility for a federal juvenile	47112
justice program is transferred from the Office of Criminal	47113
Justice Services to the Department of Youth Services. The	47114
Department of Youth Services thereupon and thereafter is successor	47115
to, assumes the obligations of, and otherwise provides for the	47116
continuation of a federal juvenile justice program.	47117

Any business relating to a federal juvenile justice program	47118
commenced but not completed by the Office of Criminal Justice	47119
Services or its director prior to July 1, 2001, shall be	47120
completed by the Department of Youth Services or its director in	47121
the same manner, and with the same effect, as if completed by the	47122
Office of Criminal Justice Services or its director. No	47123
validation, cure, right, privilege, remedy, obligation, or	47124
liability is lost or impaired by reason of the transfer. All of	47125
the Office of Criminal Justice Services' rules, orders, and	47126
determinations continue in effect as rules, orders, and	47127
determinations of the Department of Youth Services, until modified	47128
or rescinded by the Department of Youth Services. If necessary to	47129
ensure the integrity of the numbering of the Administrative Code,	47130
the Director of the Legislative Service Commission shall renumber	47131
the Office of Criminal Justice Services' rules for a federal	47132
juvenile justice program to reflect the transfer of the program to	47133
the Department of Youth Services.	47134

The employees of the Office of Criminal Justice Services	47135
assigned to work with a federal juvenile justice program are	47136
transferred to the Department of Youth Services and shall retain	47137
their positions and all the benefits accruing thereto.	47138

No action or proceeding pending on July 1, 2001, is affected	47139
by the transfer, and any action or proceeding pending on July 1,	47140
2001, shall be prosecuted or defended in the name of the	47141
Department of Youth Services or its director. In all such actions	47142
and proceedings, the Department of Youth Services or its director	47143
upon application to the court shall be substituted as a party.	47144

Section 116. EXPENDITURES AND APPROPRIATION INCREASES	47145
APPROVED BY THE CONTROLLING BOARD	47146

Any money that the Controlling Board approves for expenditure	47147
or any increase in appropriation authority that the Controlling	47148
Board approves pursuant to the provisions of sections 127.14,	47149
131.35, and 131.39 of the Revised Code or any other provision of	47150
law is appropriated for the period ending June 30, 2003.	47151

Section 117. PERSONAL SERVICE EXPENSES	47152

Unless otherwise prohibited by law, any appropriation from	47153
which personal service expenses are paid shall bear the employer's	47154
share of public employees' retirement, workers' compensation,	47155
disabled workers' relief, and all group insurance programs; the	47156
costs of centralized accounting, centralized payroll processing,	47157
and related personnel reports and services; the cost of the Office	47158
of Collective Bargaining; the cost of the Personnel Board of	47159
Review; the cost of the Employee Assistance Program; the cost of	47160
the Equal Opportunity Center; the costs of interagency information	47161
management infrastructure; and the cost of administering the state	47162
employee merit system as required by section 124.07 of the Revised	47163
Code. These costs shall be determined in conformity with	47164
appropriate sections of law and paid in accordance with procedures	47165
specified by the Office of Budget and Management. Expenditures	47166
from appropriation item 070-601, Public Audit Expense - Local	47167
Government, in Fund 422 may be exempted from the requirements of	47168
this section.	47169

Section 118. REISSUANCE OF VOIDED WARRANTS	47170

In order to provide funds for the reissuance of voided	47171
warrants pursuant to section 117.47 of the Revised Code, there is	47172
appropriated, out of moneys in the state treasury from the fund	47173
credited as provided in section 117.47 of the Revised Code, that	47174
amount sufficient to pay such warrants when approved by the Office	47175
of Budget and Management.	47176

Section 119. * CAPITAL PROJECT SETTLEMENTS

47177

This section specifies an additional and supplemental	47178
procedure to provide for payments of judgments and settlements if	47179
the Director of Budget and Management determines, pursuant to	47180
division (C)(4) of section 2743.19 of the Revised Code, that	47181
sufficient unencumbered moneys do not exist in the particular	47182
appropriation to pay the amount of a final judgment rendered	47183
against the state or a state agency, including the settlement of a	47184
claim approved by a court, in an action upon and arising out of a	47185
contractual obligation for the construction or improvement of a	47186
capital facility if the costs under the contract were payable in	47187
whole or in part from a state capital projects appropriation. In	47188
such a case, the director may either proceed pursuant to division	47189
(C)(4) of section 2743.19 of the Revised Code, or apply to the	47190
Controlling Board to increase an appropriation or create an	47191
appropriation out of any unencumbered moneys in the state treasury	47192
to the credit of the capital projects fund from which the initial	47193
state appropriation was made. The Controlling Board may approve	47194
or disapprove the application as submitted or modified. The	47195
amount of an increase in appropriation or new appropriation	47196
specified in an application approved by the Controlling Board is	47197
hereby appropriated from the applicable capital projects fund and	47198
made available for the payment of the judgment or settlement.	47199

If the director does not make the application authorized by	47200
this section or the Controlling Board disapproves the application,	47201
and the director does not make application pursuant to division	47202
(C)(4) of section 2743.19 of the Revised Code, the director shall	47203
for the purpose of making that payment request to the General	47204
Assembly as provided for in division (C)(5) of that section.	47205

Section 120. INCOME TAX DISTRIBUTION TO COUNTIES	47206

There are hereby appropriated out of any moneys in the state	47207
treasury to the credit of the General Revenue Fund, which are not	47208
otherwise appropriated, funds sufficient to make any payment	47209
required by division (B)(2) of section 5747.03 of the Revised	47210
Code.	47211

Section 121. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	47212
AGAINST THE STATE	47213

Any appropriation may be used for the purpose of satisfying	47214
judgments or settlements in connection with civil actions against	47215
the state in federal court not barred by sovereign immunity or the	47216
Eleventh Amendment to the Constitution of the United States, or	47217
for the purpose of satisfying judgments, settlements, or	47218
administrative awards ordered or approved by the Court of Claims	47219
in connection with civil actions against the state, pursuant to	47220
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	47221
authorization does not apply to appropriations to be applied to or	47222
used for payment of guarantees by or on behalf of the state, for	47223
or relating to lease payments or debt service on bonds, notes, or	47224
similar obligations and those from the Sports Facilities Building	47225
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	47226
Administrative Building Fund (Fund 026), the Adult Correctional	47227
Building Fund (Fund 027), the Juvenile Correctional Building Fund	47228
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	47229
Facilities Building Fund (Fund 030), the Natural Resources	47230
Projects Fund (Fund 031), the School Building Program Assistance	47231
Fund (Fund 032), the Mental Health Facilities Improvement Fund	47232
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	47233
Parks and Recreation Improvement Fund (Fund 035), the State	47234
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	47235
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	47236
other fund into which proceeds of obligations are deposited.	47237
Nothing contained in this section is intended to subject the state	47238
to suit in any forum in which it is not otherwise subject to suit,	47239
nor is it intended to waive or compromise any defense or right	47240
available to the state in any suit against it.	47241

Section 122. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

47242

The maximum amounts that may be assessed against nuclear	47243
electric utilities in accordance with division (B)(2) of section	47244
4937.05 of the Revised Code are as follows:	47245

Section 123. UNCLAIMED FUNDS TRANSER

47255

Notwithstanding division (A) of section 169.05 of the Revised	47256
Code, prior to June 30, 2003, upon the request of the Director of	47257
Budget and Management, the Director of Commerce shall transfer to	47258
the General Revenue Fund up to $30,000,000 of the unclaimed funds	47259
that have been reported by the holder of unclaimed funds as	47260
provided by section 169.05 of the Revised Code, irrespective of	47261
the allocation of the unclaimed funds under that section.	47262

Section 124. GRF TRANSER TO FUND 5N4, ERP PROJECT	47263
IMPLEMENTATION	47264

On July 1, 2001, or as soon thereafter as possible, the	47265
Director of Budget and Management shall transfer $2,432,110 in	47266
cash from the General Revenue Fund to Fund 5N4, ERP Project	47267
Implementation. On July 1, 2002, or as soon thereafter as	47268
possible, the Director of Budget and Management shall transfer	47269
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP	47270
Project Implementation.	47271

Section 125. UCC FILING FUND TRANSFER TO GRF

47272

No later than the first day of August in each year of the	47273
biennium, the Director of Budget and Management shall transfer	47274
$1,000,000 from the Uniform Commercial Code Filing Fund to the	47275
General Revenue Fund.	47276

Section 126. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

47277

Certain appropriations are in this act for the purpose of	47278
paying debt service and financing costs on general obligation	47279
bonds or notes of the state issued pursuant to the Ohio	47280
Constitution and acts of the General Assembly. If it is	47281
determined that additional appropriations are necessary for this	47282
purpose, such amounts are appropriated.	47283

Section 127.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	47284
STATE	47285

Certain appropriations are in this act for the purpose of	47286
making lease payments pursuant to leases and agreements relating	47287
to bonds or notes issued by the Ohio Building Authority of the	47288
Treasurer of State or, previously, by the Ohio Public Facilities	47289
Commission, pursuant to the Ohio Constitution and acts of the	47290
General Assembly. If it is determined that additional	47291
appropriations are necessary for this purpose, such amounts are	47292
appropriated.	47293

Section 128. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	47294
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	47295

The Office of Budget and Management shall initiate and	47296
process disbursements from lease rental payment appropriation	47297
items during the period from July 1, 2001, to June 30, 2003,	47298
pursuant to leases and agreements for bonds or notes issued under	47299
Section 2i of Article VIII, Ohio Constitution, and Chapters 154.	47300
and 3318. of the Revised Code. Disbursements shall be made upon	47301
certification by the Treasurer of State of the dates and amounts	47302
due on those dates to the various bond service fund trust funds	47303
created under sections 154.20, 154.21, 154.22, and 3318.26 of the	47304
Revised Code.	47305

Section 129.  STATE AND LOCAL REBATE AUTHORIZATION

47306

There is hereby appropriated, from those funds designated by	47307
or pursuant to the applicable proceedings authorizing the issuance	47308
of state obligations, amounts computed at the time to represent	47309
the portion of investment income to be rebated or amounts in lieu	47310
of or in addition to any rebate amount to be paid to the federal	47311
government in order to maintain the exclusion from gross income	47312
for federal income tax purposes of interest on those state	47313
obligations pursuant to section 148(f) of the Internal Revenue	47314
Code.	47315

Rebate payments shall be approved and vouchered by the Office	47316
of Budget and Management.	47317

Section 130. TRANSFERS FROM SPECIFIED FUNDS

47318

Notwithstanding any other provision of law to the contrary,	47319
the Commissioners of the Sinking Fund shall transfer the balance	47320
remaining after provision for payment of all outstanding bonds or	47321
notes, coupons, and charges, from the Improvement Bond Retirement	47322
Fund, the Public Improvement Bond Retirement Fund, and the	47323
Development Bond Retirement Fund, to the General Revenue Fund as	47324
expeditiously as possible upon this act taking effect.	47325

Notwithstanding any other provision of law to the contrary,	47326
the Commissioners of the Sinking Fund shall transfer the balance	47327
remaining after provision for payment of all outstanding bonds or	47328
notes, coupons, and charges, from the Highway Improvement Bond	47329
Retirement Fund, to the Highway Operating Fund as expeditiously as	47330
possible upon taking effect of this act.	47331

Section 131.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	47332
REESTABLISHMENT OF ENCUMBRANCES	47333

Any cash transferred by the Director of Budget and Management	47334
as provided by section 126.15 of the Revised Code is appropriated.	47335
Any amounts necessary to reestablish appropriations or	47336
encumbrances as provided in section 126.15 of the Revised Code are	47337
appropriated.	47338

Section 132.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

47339

Pursuant to the plan for compliance with the Federal Cash	47340
Management Improvement Act required by section 131.36 of the	47341
Revised Code, the Director of Budget and Management is authorized	47342
to cancel and reestablish all or parts of encumbrances in like	47343
amounts within the funds identified by the plan. The amounts	47344
necessary to reestablish all or parts of encumbrances are	47345
appropriated.	47346

Section 133. STATEWIDE INDIRECT COST RECOVERY	47347

Whenever the Director of Budget and Management determines	47348
that an appropriation made to a state agency from a fund of the	47349
state is insufficient to provide for the recovery of statewide	47350
indirect costs pursuant to section 126.12 of the Revised Code, the	47351
amount required for such purpose is appropriated from the	47352
available receipts of such fund.	47353

Section 134.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	47354
INDIRECT COST ALLOCATION PLAN	47355

The total transfers made from the General Revenue Fund by the	47356
Director of Budget and Management pursuant to this section shall	47357
not exceed the amounts transferred into the General Revenue Fund	47358
pursuant to division (B) of section 126.12 of the Revised Code.	47359

A director of an agency may certify to the Director of Budget	47360
and Management the amount of expenses not allowed to be included	47361
in the Statewide Indirect Cost Allocation plan pursuant to federal	47362
regulations, from any fund included in the Statewide Indirect Cost	47363
Allocation plan, prepared as required by section 126.12 of the	47364
Revised Code.	47365

Upon determining that no alternative source of funding is	47366
available to pay for such expenses, the Director of Budget and	47367
Management may transfer from the General Revenue Fund into the	47368
fund for which the certification is made, up to the amount of the	47369
certification. The director of the agency receiving such funds	47370
shall include, as part of the next budget submission prepared	47371
pursuant to section 126.02 of the Revised Code, a request for	47372
funding for such activities from an alternative source such that	47373
further federal disallowances would not be required.	47374

Section 135.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	47375
BALANCES OF OPERATING APPROPRIATIONS	47376

An unexpended balance of an operating appropriation or	47377
reappropriation that a state agency lawfully encumbered prior to	47378
the close of a fiscal year is reappropriated on the first day of	47379
July of the following fiscal year from the fund from which it was	47380
originally appropriated or reappropriated for the following period	47381
and shall remain available only for the purpose of discharging the	47382
encumbrance:	47383

(A) For an encumbrance for personal services, maintenance,	47384
equipment, or items for resale, other than an encumbrance for an	47385
item of special order manufacture not available on term contract	47386
or in the open market or for reclamation of land or oil and gas	47387
wells for a period of not more than five months from the end of	47388
the fiscal year;	47389

(B) For an encumbrance for an item of special order	47390
manufacture not available on term contract or in the open market,	47391
for a period of not more than five months from the end of the	47392
fiscal year or, with the written approval of the Director of	47393
Budget and Management, for a period of not more than twelve months	47394
from the end of the fiscal year;	47395

(C) For an encumbrance for reclamation of land or oil and	47396
gas wells, for a period ending when the encumbered appropriation	47397
is expended or for a period of two years, whichever is less;	47398

(D) For an encumbrance for any other expense, for such	47399
period as the director approves, provided such period does not	47400
exceed two years.	47401

Any operating appropriations for which unexpended balances	47402
are reappropriated beyond a five-month period from the end of the	47403
fiscal year, pursuant to division (B) of this section, shall be	47404
reported to the Controlling Board by the Director of Budget and	47405
Management by the thirty-first day of December of each year. The	47406
report on each such item shall include the item, the cost of the	47407
item, and the name of the vendor. This report to the board shall	47408
be updated on a quarterly basis for encumbrances remaining open.	47409

Upon the expiration of the reappropriation period set out in	47410
divisions (A), (B), (C), or (D) of this section, a reappropriation	47411
made pursuant to this section lapses, and the Director of Budget	47412
and Management shall cancel the encumbrance of the unexpended	47413
reappropriation no later than the end of the weekend following the	47414
expiration of the reappropriation period.	47415

Notwithstanding the preceding paragraph, with the approval of	47416
the Director of Budget and Management, an unexpended balance of an	47417
encumbrance that was reappropriated on the first day of July	47418
pursuant to this section for a period specified in division (C) or	47419
(D) of this section and that remains encumbered at the close of	47420
the fiscal biennium is hereby reappropriated pursuant to this	47421
section on the first day of July of the following fiscal biennium	47422
from the fund from which it was originally appropriated or	47423
reappropriated for the applicable period specified in division (C)	47424
or (D) of this section and shall remain available only for the	47425
purpose of discharging the encumbrance.	47426

If the Controlling Board approved a purchase, that approval	47427
remains in effect as long as the appropriation used to make that	47428
purchase remains encumbered.	47429

Section 136.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

47430

Notwithstanding any provision of law to the contrary, on or	47431
before the first day of September of each fiscal year, the	47432
Director of Budget and Management, in order to reduce the payment	47433
of adjustments to the federal government, as determined by the	47434
plan prepared pursuant to division (A) of section 126.12 of the	47435
Revised Code, may designate such funds as the director considers	47436
necessary to retain their own interest earnings.	47437

Section 137. FAMILY SERVICES STABILIZATION FUND

47438

The Director of Budget and Management shall transfer the $100	47439
million balance in the Family Services Stabilization Fund at the	47440
end of fiscal year 2001 to the General Revenue Fund.	47441

Section 138. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT	47442
DISTRIBUTIONS	47443

(A) On or before the third day of each month of the period	47444
July 2001 through May 2002, the Tax Commissioner shall determine	47445
the amounts credited under sections 5727.45, 5733.12, 5739.21,	47446
5741.03, and 5747.03 of the Revised Code, respectively, to the	47447
Local Government Fund, to the Library and Local Government Support	47448
Fund, and to the Local Government Revenue Assistance Fund in the	47449
twelfth preceding month. On or before June 3, 2002, the Tax	47450
Commissioner shall determine the amounts credited under sections	47451
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised	47452
Code, respectively, to the Local Government Fund, to the Library	47453
and Local Government Support Fund, and to the Local Government	47454
Revenue Assistance Fund in June 2000. For purposes of this	47455
section, any amount transferred during the period January 1, 2001,	47456
through June 30, 2001 to the Local Government Fund, to the Local	47457
Government Revenue Assistance Fund, or to the Library and Local	47458
Government Support Fund under section 131.44 of the Revised Code	47459
shall be considered to be an amount credited to that respective	47460
fund under section 5747.03 of the Revised Code.	47461

Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,	47462
and 5747.03 of the Revised Code to the contrary, for each month in	47463
the period July 1, 2001, through June 30, 2003, from the public	47464
utility excise, corporate franchise, sales, use, and personal	47465
income taxes collected:	47466

(1) An amount shall first be credited to the Local Government	47467
Fund that equals the amount credited to that fund from that tax	47468
according to the schedule in division (B) of this section.	47469

(2) An amount shall next be credited to the Local Government	47470
Revenue Assistance Fund that equals the amount credited to that	47471
fund from that tax according to the schedule in division (B) of	47472
this section.	47473

(3) An amount shall next be credited to the Library and Local	47474
Government Support Fund that equals the amount credited to that	47475
fund from that tax according to the schedule in division (B) of	47476
this section.	47477

(B) The amounts shall be credited from each tax to each	47478
respective fund as follows:	47479

(1) In July 2001 and July 2002, the amounts credited in July	47480
2000;	47481

(2) In August 2001 and August 2002, the amounts credited in	47482
August 2000;	47483

(3) In September 2001 and September 2002, the amounts	47484
credited in September 2000;	47485

(4) In October 2001 and October 2002, the amounts credited in	47486
October 2000;	47487

(5) In November 2001 and November 2002, the amounts credited	47488
in November 2000;	47489

(6) In December 2001 and December 2002, the amounts credited	47490
in December 2000;	47491

(7) In January 2002 and January 2003, the amounts credited	47492
in January 2001;	47493

(8) In February 2002 and February 2003, the amounts credited	47494
in February 2001;	47495

(9) In March 2002 and March 2003, the amounts credited in	47496
March 2001;	47497

(10) In April 2002 and April 2003, the amounts credited in	47498
April 2001;	47499

(11) In May 2002 and May 2003, the amounts credited in May	47500
2001;	47501

(12) In June 2002 and June 2003, the amounts credited in June	47502
2000.	47503

(C) Notwithstanding section 5727.84 of the Revised Code to	47504
the contrary, for the period July 1, 2001, through June 30, 2003,	47505
no amounts shall be credited to the Local Government Fund or to	47506
the Local Government Revenue Assistance Fund from the kilowatt	47507
hour tax, and such amounts that would have otherwise been required	47508
to be credited to such funds shall instead be credited to the	47509
General Revenue Fund. Notwithstanding section 131.44 of the	47510
Revised Code to the contrary, for the period July 1, 2001, through	47511
June 30, 2003, no amounts shall be transferred to the Local	47512
Government Fund, the Local Government Revenue Assistance Fund, or	47513
the Library and Local Government Support Fund from the Income Tax	47514
Reduction Fund, and such amounts that would have otherwise been	47515
transferred to such funds from the Income Tax Reduction Fund shall	47516
instead be transferred to the General Revenue Fund.	47517

Notwithstanding any other provision of law to the contrary,	47518
the Tax Commissioner shall compute separate adjustments to the	47519
amounts credited from the public utility excise, corporate	47520
franchise, sales, use, and personal income taxes to the Local	47521
Government Fund, the Local Government Revenue Assistance Fund, and	47522
the Library and Local Government Support Fund during July 2001.	47523
The adjustments shall equal the amount credited to each respective	47524
fund from each respective tax during June 2000 minus the amount	47525
credited to that fund from that tax during June 2001. If an	47526
adjustment is a positive amount, during July 2001, such amount	47527
shall be credited to the Local Government Fund, the Local	47528
Government Revenue Assistance Fund, or the Library and Local	47529
Government Support Fund, as appropriate, and shall be deducted	47530
from the General Revenue Fund. If an adjustment is a negative	47531
amount, during July 2001, such amount shall be deducted from the	47532
Local Government Fund, the Local Government Revenue Assistance	47533
Fund, or the Library and Local Government Support Fund, as	47534
appropriate, and shall be credited to the General Revenue Fund.	47535
Any amount remaining in the Local Government Fund, the Local	47536
Government Revenue Assistance Fund, or the Library and Local	47537
Government Support Fund after the distributions from such funds	47538
are made to local governments in August 2001, shall be certified	47539
by the Tax Commissioner to the Director of Budget and Management	47540
by August 15, 2001, and the Director of Budget and Management	47541
shall transfer such amount from each respective fund to the	47542
General Revenue Fund by August 31, 2001.	47543

For purposes of this section, "pro rata share" means the	47544
percentage calculated for each county and used in each month of	47545
the period July 2000 through June 2001 to distribute the amounts	47546
credited to the Library and Local Government Support Fund in	47547
accordance with section 5747.47 of the Revised Code.	47548

Notwithstanding any other provision of law to the contrary,	47549
in July 2001, each county undivided library and local government	47550
support fund shall receive from the Library and Local Government	47551
Support Fund an amount equal to the amount it would have received	47552
pursuant to section 5747.47 of the Revised Code for that month,	47553
minus its pro rata share of any amount that has been or shall be	47554
transferred from the Library and Local Government Support Fund to	47555
the OPLIN Technology Fund in that month. In August 2001, each	47556
county undivided library and local government support fund shall	47557
receive from the Library and Local Government Support Fund an	47558
amount equal to the amount it received from that fund in July 2000	47559
and August 2000 minus the amount it received from that fund in	47560
July 2001 and minus its pro rata share of any amount transferred	47561
from that fund to the OPLIN Technology Fund in July 2001 or August	47562
2001. In August 2001, each county undivided local government fund	47563
shall receive from the Local Government Fund, each municipality	47564
that receives a distribution directly from the Local Government	47565
Fund shall receive from that fund, and each county undivided local	47566
government revenue assistance fund shall receive from the Local	47567
Government Revenue Assistance Fund an amount equal to the amount	47568
it received from that respective fund in July 2000 and August 2000	47569
minus the amount it received from that respective fund in July	47570
2001. In each month of the periods September 1, 2001, through June	47571
30, 2002, and September 1, 2002, through June 30, 2003, each	47572
county undivided local government fund shall receive from the	47573
Local Government Fund, each municipality that receives a	47574
distribution directly from the Local Government Fund shall receive	47575
from that fund, each county undivided local government revenue	47576
assistance fund shall receive from the Local Government Revenue	47577
Assistance Fund, and each county undivided library and local	47578
government support fund shall receive from the Library and Local	47579
Government Support Fund, the same amount it received from that	47580
respective fund in the corresponding month of the period September	47581
1, 2000, through June 2001. In each month of the period July 1,	47582
2002, through August 31, 2002, and in the month of July 2003, each	47583
county undivided local government fund shall receive from the	47584
Local Government Fund, each municipality that receives a	47585
distribution directly from the Local Government Fund shall receive	47586
from that fund, each county undivided local government revenue	47587
assistance fund shall receive from the Local Government Revenue	47588
Assistance Fund, and each county undivided library and local	47589
government support fund shall receive from the Library and Local	47590
Government Support Fund, the same amount it received from that	47591
respective fund in the corresponding month of the period July 1,	47592
2000, through August 31, 2000. If during any month of the period	47593
September 1, 2001, through July 31, 2003, a transfer is made from	47594
the Library and Local Government Support Fund to the OPLIN	47595
Technology Fund, the amount distributed to each county undivided	47596
library and local government support fund shall be reduced by its	47597
pro rata share of the amount transferred.	47598

During the period July 1, 2001, through July 31, 2003, the	47599
Director of Budget and Management shall issue those directives to	47600
state agencies that are necessary to ensure that the appropriate	47601
amounts are distributed to the Local Government Fund, to the Local	47602
Government Revenue Assistance Fund, and to the Library and Local	47603
Government Support Fund to accomplish the purposes of this	47604
section.	47605

Section 139. BUDGET STABILIZATION FUND TRANSFERS FOR THE	47606
DEPARTMENT OF JOB AND FAMILY SERVICES	47607

Notwithstanding section 131.43 and division (D) of section	47608
127.14 of the Revised Code, if the Director of Budget and	47609
Management, in consultation with the Director of the Department of	47610
Job and Family Services, determines that Medicaid caseload	47611
expenditures for the biennium are likely to exceed the amounts	47612
appropriated in the Department of Job and Family Services line	47613
600-525, Health Care/Medicaid, the Director of Budget and	47614
Management may, with Controlling Board approval, tranfer up to	47615
$100 million from the Budget Stabilization Fund to the General	47616
Revenue Fund and increase the appropriation to line 600-525,	47617
Health Care/Medicaid, accordingly. Before any transfers are	47618
authorized, the Director of Budget and Management shall exhaust	47619
the possibilities for transfers of moneys within the Department of	47620
Job and Family Services to meet the identified shortfall.	47621

Notwithstanding section 131.43 and division (D) of section	47622
127.14 of the Revised Code, the Director of Budget and Management,	47623
in consultation with the Director of the Department of Job and	47624
Family Services, may, with Controlling Board approval, transfer up	47625
to $50 million during the biennium from the Budget Stabilization	47626
Fund to the General Revenue Fund to be used for computer projects	47627
in the Department of Job and Family Services. Upon approval of	47628
any such transfer, the Director of Budget and Management shall	47629
increase the appropriation to Department of Job and Family	47630
Services line 600-416, Computer Projects, by the amount of the	47631
transfer.	47632

Section 140. TRANSFERS TO THE GENERAL REVENUE FUND

47633

Notwithstanding any other provision of law to the contrary,	47634
if the Director of Budget and Management determines that revenues	47635
to the General Revenue Fund in fiscal years 2002 and 2003 are	47636
insufficient to cover agency appropriations for fiscal years 2002	47637
and 2003, the Director of Budget and Management is hereby	47638
authorized to selectively transfer to the General Revenue Fund up	47639
to $30 million from non-federal, non-General Revenue Fund funds	47640
that are not constitutionally restricted and that have sufficient	47641
balances to support the transfer.	47642

Section 141.  That Section 5 of Am. Sub. S.B. 50 of the 121st	47643
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	47644
the 123rd General Assembly, be amended to read as follows:	47645

"       Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	47646
General Assembly shall take effect July 1, 2001 October 16, 2003."	47647

Section 142.  That existing Section 5 of Am. Sub. S.B. 50 of	47648
the 121st General Assembly, as most recently amended by Am. Sub.	47649
H.B. 283 of the 123rd General Assembly, is hereby repealed.	47650

Section 143.  That Section 153 of Am. Sub. H.B. 117 of the	47651
121st General Assembly, as most recently amended by Am. Sub. H.B.	47652
283 of the 123rd General Assembly, be amended to read as follows:	47653

"       Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04,	47654
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	47655
5112.17, 5112.18, 5112.19, 5112.21, and 5112.99 of the Revised	47656
Code are hereby repealed, effective July 1 October 16, 2001 2003.	47657

(B) Any money remaining in the Legislative Budget Services	47658
Fund on July 1 October 16, 2001 2003, the date that section	47659
5112.19 of the Revised Code is repealed by division (A) of this	47660
section, shall be used solely for the purposes stated in then	47661
former section 5112.19 of the Revised Code. When all money in the	47662
Legislative Budget Services Fund has been spent after then former	47663
section 5112.19 of the Revised Code is repealed under division (A)	47664
of this section, the fund shall cease to exist."	47665

Section 144.  That existing Section 153 of Am. Sub. H.B. 117	47666
of the 121st General Assembly, as most recently amended by Am.	47667
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed.	47668

Section 145. That Section 3 of Am. Sub. H.B. 440 of the 121st	47669
General Assembly, as most recently amended by Sub. S.B. 245 of the	47670
123rd General Assembly, be amended to read as follows:	47671

"       Sec. 3.  Sections 122.23, 122.24, 122.25, 122.26, and 122.27	47672
of the Revised Code are hereby repealed, effective July 1, 2001	47673
2003."	47674

Section 146. That existing Section 3 of Am. Sub. H.B. 440 of	47675
the 121st General Assembly, as most recently amended by Sub. S.B.	47676
245 of the 123rd General Assembly, is hereby repealed.	47677

Section 147.  That Section 3 of Am. Sub. H.B. 215 of the	47678
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	47679
123rd General Assembly, be amended to read as follows:	47680

"       Sec. 3.  Section 1751.68 of the Revised Code is hereby	47681
repealed, effective July 1, 2001 October 16, 2003."	47682

Section 148.  That existing Section 3 of Am. Sub. H.B. 215 of	47683
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	47684
123rd General Assembly, is hereby repealed.	47685

Section 149. That Section 3 of Am. Sub. H.B. 621 of the 122nd	47686
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	47687
the 123rd General Assembly, be amended to read as follows:	47688

"       Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	47689
901.83 of the Revised Code are hereby repealed, effective July 1,	47690
2001 2003."	47691

Section 150. That existing Section 3 of Am. Sub. H.B. 621 of	47692
the 122nd General Assembly, as most recently amended by Am. Sub.	47693
H.B. 283 of the 123rd General Assembly, is hereby repealed.	47694

Section 151. That Section 9 of Am. Sub. S.B. 192 of the 123rd	47695
General Assembly be amended to read as follows:	47696

"       Sec. 9.  All items set forth in this section are hereby	47697
appropriated out of any moneys in the state treasury to the credit	47698
of the Law Enforcement Improvements Trust Fund (Fund J87) that are	47699
not otherwise appropriated.	47700

Appropriations

AGO ATTORNEY GENERAL

47701

Section 152. That existing Section 9 of Am. Sub. S.B. 192 of	47709
the 123rd General Assembly is hereby repealed.	47710

Section 153. That Section 4 of Am. S.B. 210 of the 123rd	47711
General Assembly be amended to read as follows:	47712

"       Sec. 4.  (A) There is hereby created the Civil Service	47713
Review Commission. The Commission shall consist of the following	47714
members:	47715

(1) Three members of the Senate appointed by the President	47716
of the Senate, with at least one member from the minority party;	47717

(2) Three members of the House of Representatives appointed	47718
by the Speaker of the House of Representatives, with at least one	47719
member from the minority party;	47720

(3) Nine members appointed by the Governor, of whom one	47721
shall be the Director of Administrative Services or the Director's	47722
designee, one shall be from a union representing the largest	47723
number of state employees, one shall be from a union representing	47724
the largest number of local government employees, two shall be	47725
recommended by a statewide organization representing counties, two	47726
shall be recommended by a statewide organization representing	47727
municipal corporations, and two shall represent the public.	47728

All appointments shall be made not later than one month after	47729
the effective date of this section September 22, 2000. The	47730
Commission shall be co-chaired by a member of the House of	47731
Representatives designated by the Speaker of the House of	47732
Representatives and a member of the Senate designated by the	47733
President of the Senate. The co-chairs shall alternate chairing	47734
meetings of the Commission by agreement of the co-chairs.	47735

(B) The Commission shall review civil service laws and	47736
practice under those laws in Ohio. In conducting the review, the	47737
Commission shall conduct a comprehensive analysis of Ohio's civil	47738
service laws as set forth in the Revised Code and associated	47739
rules, including an analysis of how the laws and any associated	47740
rules are applied in practice by public entities across Ohio.	47741
Additionally, the Commission may review decisions of the Personnel	47742
Board of Review created in section 124.05 of the Revised Code or	47743
other administrative and judicial bodies to determine how	47744
decisions of the Board or those other bodies influence the	47745
interpretation or application of civil service laws. The	47746
Commission also may review practices and innovations of public	47747
entities in other states. The Commission may call witnesses and	47748
review any other information that it determines to be appropriate	47749
and may consider recommendations of the Governor's Management	47750
Improvement Commission.	47751

(C) Upon completion of its review under division (B) of this	47752
section, but not later than nine months after all of the	47753
appointments have been made under division (A) of this section	47754
December 31, 2001, the Commission shall issue a report to the	47755
President of the Senate and the Speaker of the House of	47756
Representatives. The report shall identify current statutes,	47757
rules, practices, and procedures and shall make recommendations	47758
for changes to those statutes, rules, practices, and procedures	47759
that the Commission determines necessary to improve them. Upon	47760
issuance of the report under this division, the Commission ceases	47761
to exist."	47762

Section 154. That existing Section 4 of Am. S.B. 210 of the	47763
123rd General Assembly is hereby repealed.	47764

Section 155. That Sections 10 and 13 of Am. Sub. S.B. 287 of	47765
the 123rd General Assembly be amended to read as follows:	47766

"       Sec. 10. The excise tax imposed by section 5727.811 of the	47767
Revised Code shall first apply to every natural gas distributed	47768
distribution company for all natural gas volumes billed by, or on	47769
behalf of, the company on and after July 1, 2001. Before that	47770
date, a natural gas distribution company shall register with the	47771
Tax Commissioner in accordance with section 5727.93 of the Revised	47772
Code, as amended by this act Am. Sub. S.B. 287 of the 123rd	47773
General Assembly.	47774

Sec. 13. (A) The amendment or enactment by this act Am. Sub.	47775
S.B. 287 of the 123rd General Assembly of sections 5733.053,	47776
5733.06, 5733.40, 5747.221, and 5747.24 of the Revised Code first	47777
applies to tax year 2002.	47778

(B) The amendment by Am. Sub. S.B. 287 of the 123rd General	47779
Assembly of section 5733.40 of the Revised Code applies to taxable	47780
years beginning in 2001 or thereafter."	47781

Section 156. That existing Sections 10 and 13 of Am. Sub.	47782
S.B. 287 of the 123rd General Assembly are hereby repealed.	47783

Section 157. That Sections 129 and 180 of Am. Sub. H.B. 283	47784
of the 123rd General Assembly be amended to read as follows:	47785

"       Sec. 129.  MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY	47786
BEDS	47787

(A) During Notwithstanding sections 5123.042 and 5123.19 of	47788
the Revised Code, during the period beginning July 1, 1999 2001,	47789
and ending June 30, 2001 October 15, 2003, the Department Director	47790
of Mental Retardation and Developmental Disabilities shall not	47791
issue refuse to approve a proposal for the development approval	47792
for, nor of residential facility beds or to issue a license under	47793
section 5123.19 of the Revised Code, new residential facility if	47794
the approval or issuance will result in an increase in the number	47795
of residential facility beds for persons with mental retardation	47796
or developmental disabilities, except that the department may	47797
approve the development or licensure, or both, of such new beds in	47798
an emergency. The department shall adopt rules in accordance with	47799
Chapter 119. of the Revised Code specifying what constitutes an	47800
emergency for the purposes of this section including those	47801
certified as intermediate care facility for the mentally retarded	47802
beds under Title XIX of the "Social Security Act," 79 Stat. 286	47803
(1965), 42 U.S.C.A. 1396, as amended. A modification,	47804
replacement, or relocation of existing beds in a residential	47805
facility licensed under section 5123.19 of the Revised Code shall	47806
not be considered an increase described in this division. The	47807
director shall adopt rules in accordance with Chapter 119. of the	47808
Revised Code specifying what constitutes a modification or	47809
replacement of existing beds.	47810

(B) For the purposes of Notwithstanding division (A) of this	47811
section, the following shall not be considered new beds:	47812

(1) Beds relocated from one facility to another, if the	47813
facility from which the beds are relocated reduces the number of	47814
its beds by the same number of beds that are relocated to the	47815
other facility;	47816

(2) Beds to replace others that the Director of Health	47817
determines no longer comply with the standards of the Medical	47818
Assistance Program established under Chapter 5111. of the Revised	47819
Code and Title XIX of the "Social Security Act," 49 Stat. 620	47820
(1935), 42 U.S.C.A. 301, as amended during the period beginning on	47821
July 1, 2001, and ending on October 15, 2003, the director may	47822
issue a license under section 5123.19 of the Revised Code to a	47823
nursing home described in section 5123.192 of the Revised Code if	47824
the sole purpose of the issuance is the relocation of existing	47825
beds within the same county. The director shall authorize under	47826
this division no additional beds beyond those being relocated.	47827

Sec. 180.  (A) Divisions (A)(12) and (13) of section 5733.98	47828
of the Revised Code, as amended by this act Am. Sub. H.B. 283 of	47829
the 123rd General Assembly, and section 5733.42 of the Revised	47830
Code, as enacted by this act Am. Sub. H.B. 283 of the 123rd	47831
General Assembly, shall first apply to eligible training costs	47832
paid or incurred on or after January 1, 2000. Section 5733.351 of	47833
the Revised Code, as enacted by this act Am. Sub. H.B. 283 of the	47834
123rd General Assembly, shall first apply to qualified research	47835
expenses paid or incurred on or after January 1, 2001 2003.	47836

(B) Notwithstanding division (C) of section 5733.42 of the	47837
Revised Code, as enacted by this act Am. Sub. H.B. 283 of the	47838
123rd General Assembly, applications for a tax credit certificate	47839
filed pursuant to that section prior to the date the Department of	47840
Job and Family Services comes into existence shall be filed with	47841
the Director of Development, and the Director of Development shall	47842
perform the duties otherwise assigned to the Director of Job and	47843
Family Services under that section until that date. Rules adopted	47844
pursuant to division (F) of that section by the Director of	47845
Development shall continue in effect on and after that date,	47846
unless rescinded or amended by the Director of Job and Family	47847
Services thereafter."	47848

Section 158. That existing Sections 129 and 180 of Am. Sub.	47849
H.B. 283 of the 123rd General Assembly are hereby repealed.	47850

Section 159. That Section 18 of Am. Sub. H.B. 650 of the	47851
122nd General Assembly, as most recently amended by Sub. S.B. 245	47852
of the 123rd General Assembly, is hereby repealed.	47853

Section 160. That Section 17 of Am. Sub. H.B. 282 of the	47854
123rd General Assembly, as most recently amended by Sub. S.B. 245	47855
of the 123rd General Assembly, is hereby repealed.	47856

Section 161. That Section 15 of Am. Sub. S.B. 287 of the	47857
123rd General Assembly is hereby repealed.	47858

Section 162. The Office of Criminal Justice Services and the	47859
Department of Job and Family Services shall enter into an	47860
interagency agreement for the transfer to the Office of the	47861
Department's duties, records, assets, and liabilities related to	47862
the administration of funds received under the "Family Violence	47863
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	47864
10401, as amended. Subject to the layoff provisions of sections	47865
124.321 to 124.328 of the Revised Code and of any applicable	47866
collective bargaining agreement, employees of the Department of	47867
Job and Family Services whose primary duties relate to the	47868
administration of those funds are hereby transferred to the Office	47869
of Criminal Justice Services and shall retain their positions and	47870
all of the benefits accruing to them.	47871

Section 163. WOMEN'S POLICY AND RESEARCH COMMISSION FUND	47872
TRANSFERS	47873

Notwithstanding any other provision of law to the contrary,	47874
the Director of Budget and Management shall transfer any remaining	47875
amounts of cash from the specified obsolete fund to the General	47876
Revenue Fund (Fund GRF) within thirty days after the effective	47877
date of this section: Women's Policy and Research Commission, Fund	47878
4V9, Women's Policy and Research Commission Fund.	47879

Section 164.  OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.

47880

The Ohio Family and Children First Cabinet Council shall	47881
conduct an assessment of the need for and resources available for	47882
services and programs that serve children under six years of age.	47883
The assessment shall include identifying supports available to	47884
those services and programs and gaps in services across Ohio, as	47885
well as a review of existing state laws and administrative	47886
procedures related to those services and programs. Based on its	47887
assessment, the Cabinet Council shall develop, in consultation	47888
with early childhood, business, and community organizations, a	47889
strategic plan that does both of the following:	47890

(1) Identifies goals for developing an integrated system of	47891
early care and education for families with children under six	47892
years of age.	47893

(2) Recommends specific steps that must be taken to	47894
accomplish those goals, including establishing linkages between	47895
schools and early childhood programs to ensure successful	47896
transitions for children and their families. The recommendations	47897
included in the strategic plan shall maximize opportunities for	47898
existing programs and services to blend funding sources and work	47899
together.	47900

The Cabinet Council shall provide copies of the strategic	47901
plan to the Governor, Speaker and Minority Leader of the House of	47902
Representatives, and the President and Minority Leader of the	47903
Senate not later than June 30, 2002.	47904

Section 165. The Director of Agriculture shall create a task	47905
force to study and make recommendations on methods to avert	47906
bio-terrorism, including actions by foreign countries against the	47907
state. The task force shall submit its findings and	47908
recommendations to the Speaker of the House of Representatives,	47909
the President of the Senate, and the chairpersons of the standing	47910
committees in the House of Representatives and the Senate that are	47911
primarily responsible for considering agricultural matters.	47912

Section 166.  EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	47913
FACILITIES	47914

Notwithstanding any other provisions of law to the contrary,	47915
the School Facilities Commission may provide assistance under the	47916
Exceptional Needs Pilot Program to any school district and not	47917
exclusively a school district in the lowest 50 per cent of	47918
adjusted valuation per pupil on the fiscal year 1999 ranking of	47919
school districts established pursuant to section 3317.02 of the	47920
Revised Code, for the purpose of the relocation or replacement of	47921
school facilities required as a result of extreme environmental	47922
contamination. If in the assessment of the school district's	47923
classroom facilities needs conducted under the Exceptional Needs	47924
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the	47925
122nd General Assembly, the commission determines that all the	47926
school district's classroom facilities ultimately will require	47927
replacement under sections 3318.01 to 3318.20 of the Revised Code,	47928
then the commission may undertake a district-wide project under	47929
sections 3318.01 to 3318.20 of the Revised Code.	47930

The School Facilities Commission shall contract with an	47931
independent environmental consultant to conduct a study and to	47932
report to the commission as to the seriousness of the	47933
environmental contamination, whether the contamination violates	47934
applicable state and federal standards, and whether the facilities	47935
are no longer suitable for use as school facilities. The	47936
commission then shall make a determination regarding funding for	47937
the relocation or replacement of the school facilities. If the	47938
federal government or other public or private entity provides	47939
funds for restitution of costs incurred by the state or school	47940
district in the relocation or replacement of the school	47941
facilities, the school district shall use such funds in excess of	47942
the school district's share to refund the state for the state's	47943
contribution to the environmental contamination portion of the	47944
project. The school district may apply an amount of such	47945
restitution funds up to an amount equal to the school district's	47946
portion of the project, as defined by the commission, toward	47947
paying its portion of that project to reduce the amount of bonds	47948
the school district otherwise must issue to receive state	47949
assistance under sections 3318.01 to 3318.20 of the Revised Code.	47950

Section 167.  (A) The Ohio School Facilities Commission may	47951
commit up to thirty-five million dollars to the Canton City School	47952
District for construction of a facility described in this section,	47953
in lieu of a high school that would otherwise be authorized under	47954
Chapter 3318. of the Revised Code. The commission shall not	47955
commit funds under this section unless all of the following	47956
conditions are met:	47957

(1) The district has entered into a cooperative agreement	47958
with a state-assisted technical college.	47959

(2) The district has received an irrevocable commitment of	47960
additional funding from nonpublic sources.	47961

(3) The facility is intended to serve both secondary and	47962
postsecondary instructional purposes.	47963

(B) The commission shall enter into an agreement with the	47964
district for the construction of the facility authorized under	47965
this section that is separate from and in addition to the	47966
agreement required for the district's participation in the	47967
Classroom Facilities Assistance Program under section 3318.08 of	47968
the Revised Code. Notwithstanding that section and sections	47969
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	47970
agreement shall provide, but not be limited to, the following:	47971

(1) The commission shall not have any oversight	47972
responsibilities over the construction of the facility.	47973

(2) The facility need not comply with the specifications for	47974
plans and materials for high schools adopted by the commission.	47975

(3) The commission may decrease the basic project cost that	47976
would otherwise be calculated for a high school under Chapter	47977
3318. of the Revised Code.	47978

(4) The state shall not share in any increases in the basic	47979
project cost for the facility above the amount authorized under	47980
this section.	47981

All other provisions of Chapter 3318. of the Revised Code	47982
apply to the approval and construction of a facility authorized	47983
under this section.	47984

The state funds committed to the facility authorized by this	47985
section shall be part of the total amount the state commits to the	47986
Canton City School District under Chapter 3318. of the Revised	47987
Code. All additional state funds committed to the Canton City	47988
School District for classroom facilities assistance shall be	47989
subject to all provisions of Chapter 3318. of the Revised Code.	47990

Section 168. Not later than July 1, 2001, the Tax	47991
Commissioner shall certify to the Department of Education for each	47992
city, local, and exempted village school district the total	47993
federal adjusted gross income of the residents of the school	47994
district, based on tax returns filed by the residents of the	47995
district, for each of the three most recent years for which this	47996
information is available. The Department shall use the information	47997
certified under this section to compute each district's state	47998
parity aid funding under section 3317.0217 of the Revised Code in	47999
fiscal year 2002.	48000

Section 169. The Legislative Office of Education Oversight	48001
shall review and evaluate the plans adopted by school districts	48002
for the identification of gifted students under section 3324.04 of	48003
the Revised Code. Not later than November 30, 2002, the Office	48004
shall issue a report that summarizes the results of the	48005
evaluations and recommends reasonable methods of funding	48006
educational services for gifted students. The Office shall submit	48007
its report to the President of the Senate, the Speaker of the	48008
House of Representatives, the Minority Leader of the Senate, the	48009
Minority Leader of the House of Representatives, and the Governor.	48010

Section 170. The Department of Education shall consider the	48011
feasiability and desirability of relocating the department staff	48012
responsible for gifted education from the Center for Students,	48013
Families, and Communities to the Center for Curriculum and	48014
Assessment.	48015

Section 171. The Department of Education shall conduct the	48016
following analyses and, not later than June 30, 2002, shall report	48017
to the General Assembly its research findings and	48018
recommendations:	48019

(A) A cost-based analysis of state and federal laws that	48020
mandate special education services in addition to the mandates of	48021
Chapter 3301-51 of the Ohio Administrative Code, commonly known as	48022
the "Blue Book";	48023

(B) An analysis of the manner in which federal special	48024
education funds may be spent, including an examination of whether	48025
and how federal funds may be used to fund the increased costs of	48026
state and federal special education mandates;	48027

(C) An analysis of the costs to school districts of	48028
complying with the mandate to provide handicapped children the	48029
least restrictive environment through mainstreaming.	48030

Section 172. The Arts Facilities Building Fund and Sports	48031
Facilities Building Fund created by section 3383.09 of the Revised	48032
Code are the same as the Arts Facilities Building Fund and the	48033
Sports Facilities Building Fund from which appropriations are made	48034
in Am. Sub. H.B. 640 of the 123rd General Assembly.	48035

Section 173. (A) Notwithstanding section 4717.07 of the	48036
Revised Code as amended by this act, the Board of Embalmers and	48037
Funeral Directors shall charge and collect the following fees for	48038
the renewal of licenses that expire on December 31, 2001:	48039

(1) Sixty dollars for renewal of an embalmer's or funeral	48040
director's license;	48041

(2) One hundred twenty-five dollars for renewal of a license	48042
to operate a funeral home;	48043

(3) One hundred dollars for renewal of a license to operate	48044
an embalming facility;	48045

(4) One hundred dollars for renewal of a license to operate	48046
a crematory facility.	48047

(B) Notwithstanding section 4717.08 of the Revised Code as	48048
amended by this act, every license issued under Chapter 4717. of	48049
the Revised Code expires on December 31, 2001, and shall be	48050
renewed on or before that date according to the standard license	48051
renewal procedure set forth in Chapter 4745. of the Revised Code.	48052

Section 174. Unless five licensed embalmers and practicing	48053
funeral directors are serving on the Board of Embalmers and	48054
Funeral Directors on the effective date of this section, the first	48055
person appointed to fill a vacancy occurring on the Board on or	48056
after that date under section 4717.02 of the Revised Code, as	48057
amended by this act, shall be a licensed embalmer and practicing	48058
funeral director with at least ten consecutive years of experience	48059
in this state immediately preceding the date of the person's	48060
appointment.	48061

Section 175. Notwithstanding section 4775.08 of the Revised	48062
Code, as amended by this act, during calendar year 2001, the	48063
initial and annual renewal fee for a motor vehicle collision	48064
repair registration certificate and for a temporary motor vehicle	48065
collision repair registration certificate is one hundred dollars	48066
for each business location at which the motor vehicle collision	48067
repair operator conducts business as an operator. However, the	48068
Board of Motor Vehicle Collision Repair Registration may adjust	48069
the fee in the same manner as provided in division (A) of section	48070
4775.08 of the Revised Code, as amended by this act.	48071

Section 176. (A) As used in this section:

48072

(1) "Amnesty" means forgiving a taxpayer's liability for	48073
penalties and one-half of the interest that accrue on account of	48074
the late payment, nonpayment, underreporting, or unreporting of	48075
delinquent taxes.	48076

(2) "Delinquent taxes" means taxes imposed under section	48077
5727.24 or 5727.30 (public utility excise tax), 5733.06 or 5733.41	48078
(corporation franchise tax), 5739.02 or 5741.02 (state sales and	48079
use taxes), or 5747.02 or 5747.41 (personal income tax) of the	48080
Revised Code, that were due and payable from a taxpayer, that were	48081
unreported or underreported, and that remain unpaid. "Delinquent	48082
taxes" does not include taxes for which, on October 15, 2001, a	48083
notice of assessment or audit has been issued, a bill has been	48084
issued, or an audit is currently being conducted.	48085

(3) "Taxpayer" means any individual or other person, as	48086
defined in section 5701.01 of the Revised Code, that is subject to	48087
taxes imposed under section 5727.24, 5727.30, 5733.06, 5733.41,	48088
5739.02, 5741.02, 5747.02, or 5747.41 of the Revised Code,	48089
including any vendor subject to sections 5739.03 and 5739.12 of	48090
the Revised Code, any seller subject to section 5741.04 or 5741.12	48091
of the Revised Code, any employer subject to section 5747.07 of	48092
the Revised Code, and any qualifying entity as defined in section	48093
5733.40 of the Revised Code.	48094

(B)(1) Beginning on October 15, 2001, and ending on January	48095
15, 2002, if a taxpayer that owes delinquent taxes pays the full	48096
amount of delinquent taxes and one-half of any interest to the	48097
Treasurer of State, in the form and manner prescribed by the Tax	48098
Commissioner, the Tax Commissioner shall grant amnesty for any	48099
penalties and one-half of the interest that otherwise are imposed	48100
as a result of delinquency in the payment of those taxes.	48101

(2) The Tax Commissioner shall prescribe forms on which	48102
taxpayers may apply for amnesty. The Tax Commissioner may require	48103
taxpayers applying for amnesty to file returns or reports,	48104
including amended returns and reports, that otherwise would be	48105
required.	48106

(C) If a taxpayer pays delinquent taxes as prescribed in	48107
division (B) of this section, no criminal prosecution or civil	48108
action shall be brought thereafter against the taxpayer and no	48109
assessment shall be issued thereafter against the taxpayer on	48110
account of the delinquent taxes paid.	48111

(D) Delinquent taxes and interest collected under this	48112
section shall be credited to the General Revenue Fund.	48113

(E) This section is hereby repealed, effective January 16,	48114
2002.	48115

Section 177.  MOTOR FUEL TAX TASK FORCE	48116

(A) There is hereby created the Motor Fuel Tax Task Force.	48117
The Task Force shall study the adequacy and distribution of the	48118
motor fuel tax and the method of funding the State Highway Patrol.	48119
The Task Force shall issue a report of its findings to the General	48120
Assembly and the Governor on December 2, 2002. The Task Force	48121
shall include in the report a recommendation for a direct funding	48122
source for the State Highway Patrol. Upon issuing its report, the	48123
Task Force shall cease to exist.	48124

(B) The Task Force shall consist of the following members:	48125

(1) Three members of the House of Representatives appointed	48126
by the Speaker of the House of Representatives, not more than two	48127
of whom shall be from the same political party as the Speaker;	48128

(2) Three members of the Senate appointed by the President	48129
of the Senate, not more than two of whom shall be from the same	48130
political party as the President;	48131

(3) The Director of Public Safety or the Director's	48132
designee;	48133

(4) The Director of Transportation or the Director's	48134
designee;	48135

(5) The Tax Commissioner or the Commissioner's designee;	48136

(6) The Director of Budget and Management or the Director's	48137
designee;	48138

(7) One person appointed by the Speaker of the House of	48139
Representatives to represent the general public;	48140

(8) One person appointed by the President of the Senate to	48141
represent the general public;	48142

(9) Eight members appointed jointly by the Speaker of the	48143
House of Representatives and the President of the Senate, one from	48144
each of eight lists of three individuals recommended by the County	48145
Commissioners Association of Ohio, the Ohio Municipal League, the	48146
Ohio Township Association, the County Engineers Association of	48147
Ohio, the Ohio Public Expenditure Council, the State Highway	48148
Patrol troopers' collective bargaining unit, the Ohio Contractors	48149
Association, and the Ohio Petroleum Council, respectively.	48150

A vacancy on the Task Force shall be filled in the manner	48151
provided for the original appointment.	48152

(C) The Speaker of the House of Representatives and the	48153
President of the Senate each shall appoint a co-chairperson of the	48154
Task Force from among the appointees who are members of their	48155
respective chambers. The co-chairpersons shall call the first	48156
meeting of the Task Force within thirty days after the last member	48157
is appointed.	48158

(D) The Legislative Service Commission shall provide staff	48159
services for the Task Force.	48160

Section 178. Except as otherwise specifically provided in	48161
this act, the codified sections of law amended or enacted in this	48162
act, and the items of law of which the codified sections of law	48163
amended or enacted in this act are composed, are subject to the	48164
referendum. Therefore, under Ohio Constitution, Article II,	48165
Section 1c and section 1.471 of the Revised Code, the codified	48166
sections of law amended or enacted by this act, and the items of	48167
law of which the codified sections of law as amended or enacted by	48168
this act are composed, take effect on the ninety-first day after	48169
this act is filed with the Secretary of State. If, however, a	48170
referendum petition is filed against any such codified section of	48171
law as amended or enacted by this act, or against any item of law	48172
of which any such codified section of law as amended or enacted by	48173
this act is composed, the codified section of law as amended or	48174
enacted, or item of law, unless rejected at the referendum, takes	48175
effect at the earliest time permitted by law.	48176

Section 179. Except as otherwise specifically provided in	48177
this act, the repeal by this act of a codified section of law is	48178
subject to the referendum. Therefore, under Ohio Constitution,	48179
Article II, Section 1c and section 1.471 of the Revised Code, the	48180
repeal by this act of a codified section of law takes effect on	48181
the ninety-first day after this act is filed with the Secretary of	48182
State. If, however, a referendum petition is filed against any	48183
such repeal, the repeal, unless rejected at the referendum, takes	48184
effect at the earliest time permitted by law.	48185

Section 180. The repeals of sections 166.032, 1329.68,	48186
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and	48187
5126.054 of the Revised Code constitute items of law that are not	48188
subject to the referendum. Therefore, under Ohio Constitution,	48189
Article II, Section 1d and section 1.471 of the Revised Code, the	48190
repeals go into immediate effect when this act becomes law.	48191

Section 181. Sections 105.41, 111.16, 111.18, 111.23, 111.25,	48192
121.40, 122.011, 133.06, 166.03, 181.52, 901.43, 901.63, 901.81,	48193
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,	48194
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,	48195
1329.56, 1329.58, 1329.60, 1329.601, 1501.40, 1502.12, 1701.05,	48196
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04,	48197
1703.041, 1703.15, 1703.17, 1703.27, 1705.05, 1705.06, 1705.38,	48198
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10,	48199
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06,	48200
3301.70, 3302.041, 3313.603, 3314.08, 3314.09, 3314.091, 3317.012,	48201
3317.013, 3317.014, 3317.02, 3317.021, 3317.022, 3317.024,	48202
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.03,	48203
3317.05, 3317.051, 3317.064, 3317.161 (3317.052), 3317.162	48204
(3317.053), 3317.11, 3317.13, 3317.16, 3317.19, 3317.20, 3318.042,	48205
3318.52, 3323.09, 3323.091, 3333.043, 3333.21, 3333.22, 3702.68,	48206
3721.07, 3734.57, 3745.014, 3745.11, 3745.22, 3769.08, 3769.20,	48207
3923.28, 3923.30, 4115.10, 4301.43, 4511.81, 4905.87, 5101.071	48208
(5101.251), 5101.521, 5101.821, 5101.85, 5101.853 (5101.851),	48209
5101.852, 5101.854 (5101.853), 5103.07, 5111.041, 5111.042,	48210
5111.081, 5111.171, 5111.20, 5111.23, 5111.231, 5111.25, 5111.251,	48211
5111.255, 5111.28, 5111.29, 5111.34 (5111.206), 5111.341,	48212
5111.342, 5111.343, 5111.344, 5111.345, 5111.346, 5111.347,	48213
5111.348, 5111.349, 5111.3410, 5111.3411, 5111.3412, 5111.3413,	48214
5111.3414, 5111.3415, 5111.58, 5111.87 (5111.871), 5111.872,	48215
5111.873, 5123.01, 5123.041, 5123.044, 5123.045, 5123.046,	48216
5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411, 5123.0412,	48217
5123.0413, 5123.195, 5123.71, 5123.76, 5126.01, 5126.042,	48218
5126.046, 5126.047, 5126.05, 5126.051, 5126.054, 5126.055,	48219
5126.056, 5126.12, 5126.18, 5126.357, 5126.431, 5139.11, 5705.091,	48220
5705.41, 5705.44, 5725.31, 5727.84, 5727.85, 5729.07, 5733.122,	48221
5733.42, 5747.39, and 6109.21 of the Revised Code as amended or	48222
enacted by this act, and the items of law of which such sections	48223
as amended or enacted by this act are composed, are not subject to	48224
the referendum. Therefore, under Ohio Constitution, Article II,	48225
Section 1d and section 1.471 of the Revised Code, such sections as	48226
amended or enacted by this act, and the items of law of which such	48227
sections as amended or enacted by this act are composed, go into	48228
immediate effect when this act becomes law.	48229

Section 182. (A) The amendment by this act removing language	48230
from division (B)(1)(e) of section 125.22 of the Revised Code	48231
constitutes an item of law that is subject to the referendum.	48232
Therefore, under Ohio Constitution, Article II, Section 1c and	48233
section 1.471 of the Revised Code, the item takes effect on the	48234
ninety-first day after this act is filed with the Secretary of	48235
State. If, however, a referendum petition is filed against the	48236
item, the item, unless rejected at the referendum, takes effect at	48237
the earliest time permitted by law.	48238

(B) The amendment by this act inserting division (A)(20)	48239
into section 125.22 of the Revised Code constitutes an item of law	48240
that is not subject to the referendum. Therefore, under Ohio	48241
Constitution, Article II, Section 1d and section 1.471 of the	48242
Revised Code, the item goes into immediate effect when this act	48243
becomes law.	48244

Section 183. (A) The amendment by this act removing language	48245
from division (B)(2) of section 3318.04 of the Revised Code	48246
constitutes an item of law that is subject to the referendum.	48247
Therefore, under Ohio Constitution, Article II, Section 1c and	48248
section 1.471 of the Revised Code, the item takes effect on the	48249
ninety-first day after this act is filed with the Secretary of	48250
State. If, however, a referendum petition is filed against the	48251
item, the item, unless rejected at the referendum, takes effect at	48252
the earliest time permitted by law.	48253

(B) The amendment by this act inserting division (B)(3) into	48254
section 3318.04 of the Revised Code constitutes an item of law	48255
that is not subject to the referendum. Therefore, under Ohio	48256
Constitution, Article II, Section 1d and section 1.471 of the	48257
Revised Code, the item goes into immediate effect when this act	48258
becomes law.	48259

Section 184. (A) The amendment by this act removing language	48260
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting	48261
language into what are now divisions (G)(3) and (H), of section	48262
3734.82 of the Revised Code constitutes an item of law that is	48263
subject to the referendum. Therefore, under Ohio Constitution,	48264
Article II, Section 1c and section 1.471 of the Revised Code, the	48265
item takes effect on the ninety-first day after this act is filed	48266
with the Secretary of State. If, however, a referendum petition	48267
is filed against the item, the item, unless rejected at the	48268
referendum, takes effect at the earliest time permitted by law.	48269

(B) The amendment by this act to former division (G)(3) (now	48270
division (G)(2)) of section 3734.82 of the Revised Code	48271
constitutes an item of law that is not subject to the referendum.	48272
Therefore, under Ohio Constitution, Article II, Section 1d and	48273
section 1.471 of the Revised Code, the item goes into immediate	48274
effect when this act becomes law.	48275

Section 185. (A) The amendment by this act inserting	48276
language into division (G) of section 5119.01 of the Revised Code	48277
constitutes an item of law that is subject to the referendum.	48278
Therefore, under Ohio Constitution, Article II, Section 1c and	48279
section 1.471 of the Revised Code, the item takes effect on the	48280
ninety-first day after this act is filed with the Secretary of	48281
State. If, however, a referendum petition is filed against the	48282
item, the item, unless rejected at the referendum, takes effect at	48283
the earliest time permitted by law.	48284

(B) The amendment by this act removing language from	48285
division (I) of section 5119.01 of the Revised Code constitutes an	48286
item of law that is not subject to the referendum. Therefore,	48287
under Ohio Constitution, Article II, Section 1d and section 1.471	48288
of the Revised Code, the item goes into immediate effect when this	48289
act becomes law.	48290

Section 186. The repeal by this act of section 3317.0215 of	48291
the Revised Code is not subject to the referendum. Therefore,	48292
under Ohio Constitution, Article II, Section 1d and section 1.471	48293
of the Revised Code, the repeal goes into immediate effect when	48294
this act becomes law.	48295

Section 187. The amendment by this act of sections 126.21,	48296
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal	48297
years beginning with fiscal year 2003.	48298

Section 188. Except as otherwise specifically provided in	48299
this act, the uncodified sections of law amended or enacted in	48300
this act, and the items of law of which the uncodified sections of	48301
law amended or enacted in this act are composed, are not subject	48302
to the referendum. Therefore, under Ohio Constitution, Article	48303
II, Section 1d and section 1.471 of the Revised Code, the	48304
uncodified sections of law amended or enacted in this act, and the	48305
items of law of which the uncodified sections of law amended or	48306
enacted in this act are composed, go into immediate effect when	48307
this act becomes law.	48308

Section 189. Uncodified sections of law amended or enacted in	48309
this act, and items of law contained within the uncodified	48310
sections of law amended or enacted in this act, that are marked	48311
with an asterisk are subject to the referendum. Therefore, under	48312
Ohio Constitution, Article II, Section 1c and section 1.471 of the	48313
Revised Code, the uncodified sections and items of law marked with	48314
an asterisk take effect on the ninety-first day after this act is	48315
filed with the Secretary of State. If, however, a referendum	48316
petition is filed against an uncodified section or item of law	48317
marked with an asterisk, the uncodified section or item of law	48318
marked with an asterisk, unless rejected at the referendum, takes	48319
effect at the earliest time permitted by law.	48320

If the amending and existing repeal clauses commanding the	48321
amendment of an uncodified section of law are both marked with	48322
asterisks, the uncodified section as amended is deemed also to	48323
have been marked with an asterisk.	48324

An asterisk marking an uncodified section or item of law has	48325
the form *.	48326

This section defines the meaning and form of, but is not	48327
itself to be considered marked with, an asterisk.	48328

Section 190. The amendment to Section 10 of Am. Sub. S.B. 287	48329
of the 123rd General Assembly constitutes an item of law that is	48330
subject to the referendum. Therefore, under Ohio Constitution,	48331
Article II, Section 1c and section 1.471 of the Revised Code, the	48332
item takes effect on the ninety-first day after this act is filed	48333
with the Secretary of State. If, however, a referendum petition	48334
is filed against the item, the item, unless rejected at the	48335
referendum, takes effect at the earliest time permitted by law.	48336

Section 191. The amendments by this act to Section 5 of Am.	48337
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.	48338
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.	48339
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.	48340
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.	48341
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.	48342
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am.	48343
Sub. H.B. 283 of the 123rd General Assembly constitute items of	48344
law that are not subject to the referendum. Therefore, under Ohio	48345
Constitution, Article II, Section 1d and section 1.471 of the	48346
Revised Code, the items go into immediate effect when this act	48347
becomes law.	48348

Section 192. The repeals by this act of Section 18 of Am.	48349
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of	48350
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to	48351
the referendum. Therefore, under Ohio Constitution, Article II,	48352
Section 1d and section 1.471 of the Revised Code, the repeals go	48353
into immediate effect when this act becomes law.	48354

Section 193. If the amendment or enactment in this act of a	48355
codified or uncodified section of law is subject to the	48356
referendum, the corresponding indications in the amending,	48357
enacting, or existing repeal clauses commanding the amendment or	48358
enactment also are subject to the referendum, along with the	48359
amendment or enactment. If the amendment or enactment by this act	48360
of a codified or uncodified section of law is not subject to the	48361
referendum, the corresponding indications in the amending,	48362
enacting, or existing repeal clauses commanding the amendment or	48363
enactment also are not subject to the referendum, the same as the	48364
amendment or enactment.	48365

Section 194. An item, other than an amending, enacting, or	48366
repealing clause, that composes the whole or part of an uncodified	48367
section contained in this act has no effect after June 30, 2003,	48368
unless its context clearly indicates otherwise.	48369

Section 195. Section 901.63 of the Revised Code is presented	48370
in this act as a composite of the section as amended by both Sub.	48371
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	48372
General Assembly, applying the principle stated in division (B) of	48373
section 1.52 of the Revised Code that amendments are to be	48374
harmonized if reasonably capable of simultaneous operation, finds	48375
that the composite is the resulting version of the section in	48376
effect prior to the effective date of the section as presented in	48377
this act.	48378

Section 196. * Section 2317.02 of the Revised Code is	48379
presented in this act as a composite of the section as amended by	48380
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General	48381
Assembly. The General Assembly, applying the principle stated in	48382
division (B) of section 1.52 of the Revised Code that amendments	48383
are to be harmonized if reasonably capable of simultaneous	48384
operation, finds that the composite is the resulting version of	48385
the section in effect prior to the effective date of the section	48386
as presented in this act.	48387

Section 197. * Section 2953.21 of the Revised Code is	48388
presented in this act as a composite of the section as amended by	48389
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General	48390
Assembly. The General Assembly, applying the principle stated in	48391
division (B) of section 1.52 of the Revised Code that amendments	48392
are to be harmonized if reasonably capable of simultaneous	48393
operation, finds that the composite is the resulting version of	48394
the section in effect prior to the effective date of the section	48395
as presented in this act.	48396

Section 198.  Section 3317.03 of the Revised Code is	48397
presented in this act as a composite of the section as amended by	48398
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General	48399
Assembly. The General Assembly, applying the principle stated in	48400
division (B) of section 1.52 of the Revised Code that amendments	48401
are to be harmonized if reasonably capable of simultaneous	48402
operation, finds that the composite is the resulting version of	48403
the section in effect prior to the effective date of the section	48404
as presented in this act.	48405

Section 199. * Section 5101.141 of the Revised Code is	48406
presented in this act as a composite of the section as amended by	48407
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General	48408
Assembly. The General Assembly, applying the principle stated in	48409
division (B) of section 1.52 of the Revised Code that amendments	48410
are to be harmonized if reasonably capable of simultaneous	48411
operation, finds that the composite is the resulting version of	48412
the section in effect prior to the effective date of the section	48413
as presented in this act.	48414

Section 200. * Section 5101.80 of the Revised Code is	48415
presented in this act as a composite of the section as amended by	48416
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General	48417
Assembly. The General Assembly, applying the principle stated in	48418
division (B) of section 1.52 of the Revised Code that amendments	48419
are to be harmonized if reasonably capable of simultaneous	48420
operation, finds that the composite is the resulting version of	48421
the section in effect prior to the effective date of the section	48422
as presented in this act.	48423

Section 201. Section 5111.20 of the Revised Code is presented	48424
in this act as a composite of the section as amended by both Sub.	48425
H.B. 403 and Sub. H.B. 448 of the 123rd General Assembly. The	48426
General Assembly, applying the principle stated in division (B) of	48427
section 1.52 of the Revised Code that amendments are to be	48428
harmonized if reasonably capable of simultaneous operation, finds	48429
that the composite is the resulting version of the section in	48430
effect prior to the effective date of the section as presented in	48431
this act.	48432

Section 202. * Section 5119.61 of the Revised Code is	48433
presented in this act as a composite of the section as amended by	48434
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General	48435
Assembly. The General Assembly, applying the principle stated in	48436
division (B) of section 1.52 of the Revised Code that amendments	48437
are to be harmonized if reasonably capable of simultaneous	48438
operation, finds that the composite is the resulting version of	48439
the section in effect prior to the effective date of the section	48440
as presented in this act.	48441

Section 203.  Section 5123.71 of the Revised Code is	48442
presented in this act as a composite of the section as amended by	48443
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	48444
Assembly. The General Assembly, applying the principle stated in	48445
division (B) of section 1.52 of the Revised Code that amendments	48446
are to be harmonized if reasonably capable of simultaneous	48447
operation, finds that the composite is the resulting version of	48448
the section in effect prior to the effective date of the section	48449
as presented in this act.	48450

Section 204.  Section 5123.76 of the Revised Code is	48451
presented in this act as a composite of the section as amended by	48452
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	48453
Assembly. The General Assembly, applying the principle stated in	48454
division (B) of section 1.52 of the Revised Code that amendments	48455
are to be harmonized if reasonably capable of simultaneous	48456
operation, finds that the composite is the resulting version of	48457
the section in effect prior to the effective date of the section	48458
as presented in this act.	48459

Section 205. * Section 5739.02 of the Revised Code is	48460
presented in this act as a composite of the section as amended by	48461
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd	48462
General Assembly. The General Assembly, applying the principle	48463
stated in division (B) of section 1.52 of the Revised Code that	48464
amendments are to be harmonized if reasonably capable of	48465
simultaneous operation, finds that the composite is the resulting	48466
version of the section in effect prior to the effective date of	48467
the section as presented in this act.	48468

Section 206. If any item of law that constitutes the whole or	48469
part of a codified or uncodified section of law contained in this	48470
act, or if any application of any item of law that constitutes the	48471
whole or part of a codified or uncodified section of law contained	48472
in this act, is held invalid, the invalidity does not affect other	48473
items of law or applications of items of law that can be given	48474
effect without the invalid item of law or application. To this	48475
end, the items of law of which the codified and uncodified	48476
sections contained in this act are composed, and their	48477
applications, are independent and severable.	48478