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

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

1

101.27, 101.30, 101.34, 101.37, 101.72, 101.73,

2

102.02, 102.03, 102.031, 102.06, 103.143, 105.41,

3

107.10 111.16, 111.18, 111.23, 111.25, 118.08,

4

119.12, 120.06, 120.16, 120.26, 120.33, 121.04,

5

121.371, 121.40, 121.63, 122.011, 122.71, 122.76,

6

122.92, 124.24, 124.82, 125.22, 126.11, 126.21,

7

127.16, 131.01, 133.021, 133.06, 133.07, 133.80,

8

133.81, 138.82, 138.83, 138.84, 138.85, 138.86,

9

138.87, 140.01, 147.01, 147.02, 147.03, 147.05,

10

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

11

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

12

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

13

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

14

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

15

307.86, 313.091, 325.071, 329.042, 339.05, 340.02,

16

340.03, 340.08, 340.091, 349.01, 503.162, 504.03,

17

504.04, 505.24, 507.09, 737.03, 901.43, 901.63,

18

901.81, 901.82, 917.07, 917.99, 1309.40,

19

1309.401, 1309.402, 1309.42, 1329.01, 1329.04,

20

1329.06, 1329.07, 1329.42, 1329.421, 1329.45,

21

1329.56, 1329.58, 1329.60, 1329.601, 1345.21,

22

1501.01, 1501.04, 1501.23, 1501.40, 1503.011,

23

1507.01, 1509.06, 1509.071, 1509.08, 1509.11,

24

1509.23, 1513.05, 1513.13, 1513.14, 1514.11,

25

1517,05, 1517.06, 1517.07, 1521.04, 1531.35,

26

1533.13, 1547.67, 1561.05, 1561.07, 1561.11,

27

1561.12, 1561.13, 1561.14, 1561.15, 1561.16,

28

1561.17, 1561.18, 1561.19, 1561.20, 1561.21,

29

1561.22, 1561.23, 1561.26, 1561.35, 1561.351,

30

1561.46, 1561.51, 1561.52, 1563.13, 1565.04,

31

1565.06, 1565.07, 1565.08, 1565.25, 1701.05,

32

1701.07, 1701.81, 1702.05, 1702.06, 1702.43,

33

1702.59, 1703.04, 1703.041, 1703.15, 1703.17,

34

1703.27, 1703.31, 1705.05, 1705.06, 1705.38,

35

1705.55, 1746.04, 1746.06, 1746.15, 1747.03,

36

1747.04, 1747.10, 1775.63, 1775.64, 1782.04,

37

1782.08, 1782.09, 1782.433, 1785.06, 1901.26,

38

1907.24, 2303.20, 2303.201, 2317.02, 2317.022,

39

2329.66, 2715.041, 2715.045, 2716.13, 2919.271,

40

2921.13, 2953.21, 3109.14, 3109.17, 3119.022,

41

3301.075, 3301.70, 3301.80, 3301.85, 3307.05,

42

3311.057, 3313.37, 3313.41, 3313.603, 3313.64,

43

3314.07, 3314.08, 3314.09, 3316.20, 3317.012,

44

3317.013, 3317.014, 3317.02, 3317.021, 3317.022,

45

3317.023, 3317.024, 3317.029, 3317.0210,

46

3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05,

47

3317.051, 3317.06, 3317.064, 3317.10, 3317.11,

48

3317.13, 3317.16, 3317.161, 3317.162, 3317.19,

49

3317.20, 3318.01, 3318.04, 3318.08, 3318.084,

50

3318.10, 3318.31, 3318.36, 3319.19, 3321.01,

51

3323.09, 3323.091, 3327.10, 3333.02, 3333.03,

52

3333.043, 3333.12, 3333.13, 3333.21, 3333.22,

53

3345.05, 3345.19, 3353.07, 3383.01, 3383.02,

54

3383.04, 3383.07, 3505.063, 3517.092, 3701.04,

55

3701.142, 3701.77, 3701.771, 3701.772, 3702.68,

56

3704.034, 3721.07, 3721.10, 3721.12, 3721.13,

57

3721.15, 3721.16, 3721.17, 3721.51, 3721.56,

58

3722.01, 3722.15, 3722.16, 3734.57, 3734.82,

59

3734.901, 3734.904, 3735.27, 3745.014, 3745.04,

60

3745.11, 3745.22, 3748.07, 3748.13, 3750.02,

61

3750.13, 3769.08, 3769.085, 3769.087, 3769.20,

62

3770.06, 3773.56, 3793.04, 3902.23, 3923.28,

63

3923.29, 3923.30, 4105.17, 4115.10, 4121.44,

64

4123.27, 4301.12, 4301.17, 4301.24, 4301.422,

65

4301.43, 4303.33, 4303.331, 4503.10, 4503.102,

66

4503.12, 4503.182, 4505.061, 4506.08, 4507.23,

67

4507.24, 4507.50, 4507.52, 4511.81, 4519.03,

68

4519.10, 4519.56, 4519.69, 4701.10, 4701.16,

69

4707.01, 4707.011, 4707.02, 4707.03, 4707.04,

70

4707.05, 4707.06, 4707.07, 4707.071, 4707.072,

71

4707.08, 4707.09, 4707.10, 4707.11, 4707.111,

72

4707.12, 4707.13, 4707.15, 4707.152, 4707.16,

73

4707.19, 4707.20, 4707.21, 4707.23, 4707.99,

74

4713.10, 4715.03, 4715.13, 4715.14, 4715.16,

75

4715.21, 4715.24, 4715.27, 4717.02, 4717.07,

76

4717.08, 4717.09, 4723.08, 4723.32, 4723.79,

77

4725.44, 4725.48, 4725.49, 4729.65, 4731.14,

78

4731.53, 4734.20, 4736.12, 4736.14, 4743.05,

79

4755.01, 4761.05, 4775.01, 4775.02, 4775.08,

80

4775.99, 4779.01, 4779.02, 4779.16, 4779.19,

81

4779.20, 4779.26, 4911.17, 4921.18, 4923.11,

82

5101.071, 5101.14, 5101.141, 5101.145, 5101.184,

83

5101.19, 5101.36, 5101.50, 5101.521, 5101.54,

84

5101.80, 5101.83, 5101.85, 5101.853, 5101.854,

85

5103.031, 5103.033, 5103.036, 5103.0312,

86

5103.0313, 5103.0314, 5103.0316, 5103.07,

87

5104.341, 5107.02, 5107.10, 5107.14, 5107.18,

88

5108.01, 5108.06, 5108.07, 5108.08, 5108.09,

89

5108.10, 5111.01, 5111.022, 5111.041, 5111.17,

90

5111.231, 5111.25, 5111.251, 5111.262, 5111.28,

91

5111.29, 5111.87, 5119.01, 5119.06, 5119.22,

92

5119.61, 5120.10, 5122.31, 5123.01, 5123.041,

93

5123.082, 5123.60, 5123.71, 5123.76, 5126.01,

94

5126.041, 5126.042, 5126.05, 5126.051, 5126.053,

95

5126.06, 5126.071, 5126.08, 5126.11, 5126.12,

96

5126.15, 5126.16, 5126.18, 5126.19, 5126.20,

97

5126.22, 5126.25, 5126.31, 5126.311, 5126.32,

98

5126.357, 5126.431, 5139.01, 5139.11, 5139.29,

99

5139.31, 5153.165, 5153.60, 5153.69, 5153.78,

100

5703.17, 5703.49, 5705.091, 5705.19, 5705.41,

101

5705.44, 5709.17, 5711.33, 5721.30, 5725.31,

102

5727.25, 5727.26, 5727.81, 5727.811, 5727.82,

103

5727.84, 5727.85, 5729.86, 5727.87, 5728.08,

104

5729.07, 5731.21, 5733.02, 5733.021, 5733.053,

105

5733.056, 5733.06, 5733.12, 5733.122, 5733.18,

106

5733.351, 5733.401, 5733.42, 5735.06, 5735.061,

107

5739.01, 5739.02, 5739.024, 5739.032, 5739.07,

108

5739.102, 5739.12, 5739.121, 5739.13, 5739.18,

109

5741.10, 5741.12, 5743.62, 5743.63, 5745.03,

110

5745.04, 5747.122, 5747.221, 5747.39, 5749.06,

111

6101.25, 6109.13, 6109.21, 6111.035, and

112

6111.044; to amend, for the purpose of adopting

113

new section numbers as indicated in parentheses,

114

sections 3317.161 (3317.052), 3317.162 (3317.053),

115

5101.19 (329.19), 5101.071 (5101.251), 5101.853

116

(5101.851), 5101.854 (5101.853), 5108.06

117

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

118

and 5111.87 (5111.871); to enact new sections

119

3318.052, 5101.852, 5108.07, 5108.08, 5111.34,

120

5111.87, and 5126.054 and sections 101.302,

121

101.303, 103.33, 109.761, 122.60, 122.601,

122

122.602, 122.603, 122.604, 122.605, 340.16,

123

504.21, 1502.12, 1513.10, 1521.19, 3302.041,

124

3303.01, 3305.061, 3311.058, 3311.062, 3314.072,

125

3314.091, 3317.0217, 3318.042, 3318.086, 3318.363,

126

3318.50, 3318.51, 3318.52, 3353.11, 3383.09,

127

3701.92, 3721.161, 3721.162, 3745.10, 3745.15,

128

3748.08, 3750.081, 4117.102, 4715.031, 4723.062,

129

4731.573, 4771.22, 4905.071, 4905.87, 5101.5110,

130

5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,

131

5111.63, 5111.85, 5111.86, 5111.872, 5111.873,

132

5119.611, 5119.612, 5123.044, 5123.045, 5123.046,

133

5123.047, 5123.048, 5123.049, 5123.0410,

134

5123.0411, 5123.0412, 5123.0413, 5126.035,

135

5126.046, 5126.055, 5126.056, 5126.057, 5126.14,

136

5126.221, 5126.313, 5139.87, and 5153.06; to

137

contingently enact section 1309.525; and to repeal

138

sections 9.832, 103.31, 103.32, 105.45, 105.46,

139

121.51, 121.52, 121.53, 131.41, 166.032, 307.031,

140

1329.68, 1503.35, 1503.351, 1507.12, 1553.01,

141

1553.02, 1553.03, 1553.04, 1553.05, 1553.06,

142

1553.07, 1553.08, 1553.09, 1553.10, 1553.99,

143

1561.10, 1561.53, 1561.54, 1561.55, 2151.652,

144

3317.0215, 3318.052, 3701.88, 3702.17, 3729.01,

145

3729.02, 3729.03, 3729.05, 3729.10, 3729.11,

146

3729.12, 3729.14, 3729.15, 3729.16, 3729.17,

147

3729.18, 3729.21, 3729.22, 3729.23, 3729.24,

148

3729.26, 3729.29, 3729.36, 3729.40, 3729.41,

149

3729.43, 3729.45, 3729.46, 3729.55, 3729.61,

150

3729.99, 5101.143, 5101.52, 5101.541, 5101.542,

151

5101.543, 5101.851, 5101.852, 5111.34, 5111.341,

152

5111.88, 5126.054, 5139.28, and 5741.18 of the

153

Revised Code; to amend the versions of sections

154

5139.29, 5139.31, and 5705.19 and to repeal the

155

version of section 2151.652 of the Revised Code

156

that are scheduled to take effect January 1, 2002;

157

and to amend the versions of sections 5139.01 and

158

5139.11 of the Revised Code that are scheduled to

159

take effect January 1, 2002, and to amend Section

160

153 of Am. Sub. H.B. 117 of the 121st General

161

Assembly, as subsequently amended; to amend

162

Section 3 of Am. Sub. H.B. 440 of the 121st

163

General Assembly, as subsequently amended; to

164

amend Section 5 of Am. Sub. S.B. 50 of the 121st

165

General Assembly, as subsequently amended; to

166

amend Section 3 of Am. Sub. H.B. 215 of the 122nd

167

General Assembly, as subsequently amended; to

168

amend Section 3 of Am. Sub. H.B. 621 of the 122nd

169

General Assembly, as subsequently amended; to

170

amend Sections 6.02, 9, 21.01, and 23 of Am. Sub.

171

H.B. 640 of the 123rd General Assembly; to amend

172

Sections 6.01 and 18 of Am. Sub. H.B. 640 of the

173

123rd General Assembly, as subsequently amended;

174

to amend Section 9 of Am. Sub. S.B. 192 of the

175

123rd General Assembly; to amend Section 18 of Am.

176

Sub. S.B. 192 of the 123rd General Assembly, as

177

subsequently amended; to amend Section 4 of Am.

178

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

179

Sections 9a and 28.43 of Sub. S.B. 245 of the

180

123rd General Assembly; to amend Section 129 of

181

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

182

to amend Section 1 of Sub. H.B. 574 of the 123rd

183

General Assembly; to amend Sections 10 and 13 of

184

Am. Sub. S.B. 287 of the 123rd General Assembly;

185

to repeal Section 4 of Am. Sub. H.B. 478 of the

186

119th General Assembly, as subsequently amended;

187

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

188

122nd General Assembly, as subsequently amended;

189

to repeal Section 17 of Am. Sub. H.B. 282 of the

190

123rd General Assembly, as subsequently amended;

191

to repeal Section 180 of Am Sub. H.B. 283 of the

192

123rd General Assembly; to repeal Section 9 of

193

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

194

repeal Section 15 of Am. Sub. S.B. 287 of the

195

123rd General Assembly; and to repeal Section 197

196

of this act on January 16, 2002, to make operating

197

appropriations for the biennium beginning July 1,

198

2001, and ending June 30, 2003, to provide

199

authorization and conditions for the operation of

200

state programs, and to provide that the provisions

201

of this act relative to the practices of

202

orthotics, prosthetics, and pedorthics terminate

203

on December 31, 2004, when sections 4779.01,

204

4779.02, 4779.16, 4779.19, 4779.20, and 4779.26 of

205

the Revised Code are repealed on that date.

206

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

Section 1. That sections 9.03, 9.06, 9.821, 9.822, 101.15,	207
101.27, 101.30, 101.34, 101.37, 101.72, 101.73, 102.02, 102.03,	208
102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18, 111.23,	209
111.25, 118.08, 119.12, 120.06, 120.16, 120.26, 120.33, 121.04,	210
121.371, 121.40, 121.63, 122.011, 122.71, 122.76, 122.92, 124.24,	211
124.82, 125.22, 126.11, 126.21, 127.16, 131.01, 133.021, 133.06,	212
133.07, 135.80, 135.81, 135.82, 135.83, 135.84, 135.85, 135.86,	213
135.87, 140.01, 147.01, 147.02, 147.03, 147.05, 147.06, 147.13,	214
147.14, 147.37, 147.371, 151.04, 166.03, 169.01, 173.35, 173.40,	215
173.46, 173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03,	216
179.04, 181.51, 181.52, 181.54, 181.55, 181.56, 183.09, 183.10,	217
183.17, 183.28, 183.30, 301.27, 307.86, 313.091, 325.071,	218
329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01, 503.162,	219
504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63, 901.81,	220
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,	221
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,	222
1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01, 1501.04,	223
1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08,	224
1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1517.05,	225
1517.06, 1517.07, 1521.04, 1531.35, 1533.13, 1547.67, 1561.05,	226
1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15, 1561.16,	227
1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 1561.23,	228
1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52, 1563.13,	229
1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05, 1701.07,	230
1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041,	231
1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38,	232
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10,	233
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06,	234
1901.26, 1907.24, 2303.20, 2303.201, 2317.02, 2317.022, 2329.66,	235
2715.041, 2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 3109.14,	236
3109.17, 3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05,	237
3311.057, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08,	238
3314.09, 3316.20, 3317.012, 3317.013, 3317.014, 3317.02, 3317.021,	239
3317.022, 3317.023, 3317.024, 3317.029, 3317.0210, 3317.0212,	240
3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06,	241
3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161, 3317.162,	242
3317.19, 3317.20, 3318.01, 3318.04, 3318.08, 3318.084, 3318.10,	243
3318.31, 3318.36, 3319.19, 3321.01, 3323.09, 3323.091, 3327.10,	244
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21, 3333.22,	245
3345.05, 3345.19, 3353.07, 3383.01, 3383.02, 3383.04, 3383.07,	246
3505.063, 3517.092, 3701.04, 3701.142, 3701.77, 3701.771,	247
3701.772, 3702.68, 3704.034, 3721.07, 3721.10, 3721.12, 3721.13,	248
3721.15, 3721.16, 3721.17, 3721.51, 3721.56, 3722.01, 3722.15,	249
3722.16, 3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014,	250
3745.04, 3745.11, 3745.22, 3748.07, 3748.13, 3750.02, 3750.13,	251
3769.08, 3769.085, 3769.087, 3769.20, 3770.06, 3773.56, 3793.04,	252
3902.23, 3923.28, 3923.29, 3923.30, 4105.17, 4115.10, 4121.44,	253
4123.27, 4301.12, 4301.17, 4301.24, 4301.422, 4301.43, 4303.33,	254
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08,	255
4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03, 4519.10,	256
4519.56, 4519.69, 4701.10, 4701.16, 4707.01, 4707.011, 4707.02,	257
4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, 4707.072,	258
4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, 4707.13,	259
4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, 4707.23,	260
4707.99, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16, 4715.21,	261
4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09, 4723.08,	262
4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65, 4731.14,	263
4731.53, 4734.20, 4736.12, 4736.14, 4743.05, 4755.01, 4761.05,	264
4775.01, 4775.02, 4775.08, 4775.99, 4779.01, 4779.02, 4779.16,	265
4779.19, 4779.20, 4779.26, 4911.17, 4921.18, 4923.11, 5101.071,	266
5101.14, 5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.50,	267
5101.521, 5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854,	268
5103.031, 5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314,	269
5103.0316, 5103.07, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18,	270
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,	271
5111.022, 5111.041, 5111.17, 5111.231, 5111.25, 5111.251,	272
5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06, 5119.22,	273
5119.61, 5120.10, 5122.31, 5123.01, 5123.041, 5123.082, 5123.60,	274
5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 5126.05, 5126.051,	275
5126.053, 5126.06, 5126.071, 5126.08, 5126.11, 5126.12, 5126.15,	276
5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.25, 5126.31,	277
5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 5139.11, 5139.29,	278
5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5703.17, 5703.49,	279
5705.091, 5705.19, 5705.41, 5705.44, 5709.17, 5711.33, 5721.30,	280
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 5727.82, 5727.84,	281
5727.85, 5727.86, 5727.87, 5728.08, 5729.07, 5731.21, 5733.02,	282
5733.021, 5733.053, 5733.056, 5733.06, 5733.12, 5733.122, 5733.18,	283
5733.351, 5733.401, 5733.42, 5735.06, 5735.061, 5739.01, 5739.02,	284
5739.024, 5739.032, 5739.07, 5739.102, 5739.12, 5739.121, 5739.13,	285
5739.18, 5741.10, 5741.12, 5743.62, 5743.63, 5745.03, 5745.04,	286
5747.122, 5747.221, 5747.39, 5749.06, 6101.25, 6109.13, 6109.21,	287
6111.035, and 6111.044 be amended; sections 3317.161 (3317.052),	288
3317.162 (3317.053), 5101.19 (329.19), 5101.071 (5101.251),	289
5101.853 (5101.851), 5101.854 (5101.853), 5108.06 (5108.03),	290
5108.07 (5108.05), 5108.08 (5108.06), and 5111.87 (5111.871) be	291
amended for the purpose of adopting new section numbers as	292
indicated in parentheses; new sections 3318.052, 5101.852,	293
5108.07, 5108.08, 5111.34, 5111.87, and 5126.054 and sections	294
101.302, 101.303, 103.33, 109.761, 122.60, 122.601, 122.602,	295
122.603, 122.604, 122.605, 340.16, 504.21, 1502.12, 1513.10,	296
1521.19, 3302.041, 3303.01, 3305.061, 3311.058, 3311.062,	297
3314.072, 3314.091, 3317.0217, 3318.042, 3318.086, 3318.363,	298
3318.50, 3318.51, 3318.52, 3353.11, 3383.09, 3701.92, 3721.161,	299
3721.162, 3745.10, 3745.15, 3748.08, 3750.081, 4117.102, 4715.031,	300
4723.062, 4731.573, 4771.22, 4905.071, 4905.87, 5101.5110,	301
5101.821, 5111.0110, 5111.042, 5111.081, 5111.171, 5111.63,	302
5111.85, 5111.86, 5111.872, 5111.873, 5119.611, 5119.612,	303
5123.044, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049,	304
5123.0410, 5123.0411, 5123.0412, 5123.0413, 5126.035, 5126.046,	305
5126.055, 5126.056, 5126.057, 5126.14, 5126.221, 5126.313,	306
5153.06, and 5139.87 be enacted; and section 1309.525 of the	307
Revised Code contingently be enacted to read as follows:	308

Sec. 9.03.  (A) As used in this section, "political	309
subdivision" means any body corporate and politic, except a	310
municipal corporation that has adopted a charter under Section 7	311
of Article XVIII, Ohio Constitution, and except a county that has	312
adopted a charter under Sections 3 and 4 of Article X, Ohio	313
Constitution, to which both of the following apply:	314

(1) It is responsible for governmental activities only in a	315
geographic area smaller than the state.	316

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

317

(B) Except as otherwise provided in division (C) of this	318
section, the governing body of a political subdivision may use	319
public funds to publish and distribute newsletters, or to use any	320
other means, to communicate information about the plans, policies,	321
and operations of the political subdivision to members of the	322
public within the political subdivision and to other persons who	323
may be affected by the political subdivision.	324

(C) Except as otherwise provided in division (A)(5)(7) of	325
section 340.03 or division (A)(12) of section 340.033 of the	326
Revised Code, no governing body of a political subdivision shall	327
use public funds to do any of the following:	328

(1) Publish, distribute, or otherwise communicate	329
information that does any of the following:	330

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

331

(b) Promotes alcoholic beverages, cigarettes or other	332
tobacco products, or any illegal product, service, or activity;	333

(c) Promotes illegal discrimination on the basis of race,	334
color, religion, national origin, handicap, age, or ancestry;	335

(d) Supports or opposes any labor organization or any action	336
by, on behalf of, or against any labor organization;	337

(e) Supports or opposes the nomination or election of a	338
candidate for public office, the investigation, prosecution, or	339
recall of a public official, or the passage of a levy or bond	340
issue.	341

(2) Compensate any employee of the political subdivision for	342
time spent on any activity to influence the outcome of an election	343
for any of the purposes described in division (C)(1)(e) of this	344
section. Division (C)(2) of this section does not prohibit the	345
use of public funds to compensate an employee of a political	346
subdivision for attending a public meeting to present information	347
about the political subdivision's finances, activities, and	348
governmental actions in a manner that is not designed to influence	349
the outcome of an election or the passage of a levy or bond issue,	350
even though the election, levy, or bond issue is discussed or	351
debated at the meeting.	352

(D) Nothing in this section prohibits or restricts any	353
political subdivision from sponsoring, participating in, or doing	354
any of the following:	355

(1) Charitable or public service advertising that is not	356
commercial in nature;	357

(2) Advertising of exhibitions, performances, programs,	358
products, or services that are provided by employees of a	359
political subdivision or are provided at or through premises owned	360
or operated by a political subdivision;	361

(3) Licensing an interest in a name or mark that is owned or	362
controlled by the political subdivision.	363

(E) As used in this section, "cigarettes" and "tobacco	364
product" have the same meanings as in section 5743.01 of the	365
Revised Code.	366

Sec. 9.06.  (A)(1) The department of rehabilitation and	367
correction shall contract for the private operation and management	368
pursuant to this section of the initial intensive program prison	369
established pursuant to section 5120.033 of the Revised Code and	370
may contract for the private operation and management of any other	371
facility under this section. Counties and municipal corporations	372
to the extent authorized in sections 307.93, 341.35, 753.03, and	373
753.15 of the Revised Code, may contract for the private operation	374
and management of a facility under this section. A contract	375
entered into under this section shall be for an initial term of	376
not more than two years, with an option to renew for additional	377
periods of two years.	378

(2) Not later than December 31, 1998, the The department of	379
rehabilitation and correction, by rule, shall adopt minimum	380
criteria and specifications that a person or entity, other than a	381
person or entity that satisfies the criteria set forth in division	382
(A)(3)(a) of this section and subject to division (I) of this	383
section, must satisfy in order to apply to operate and manage as a	384
contractor pursuant to this section the initial intensive program	385
prison established pursuant to section 5120.033 of the Revised	386
Code.	387

(3) Subject to division (I) of this section, any person or	388
entity that applies to operate and manage a facility as a	389
contractor pursuant to this section shall satisfy one or more of	390
the following criteria:	391

(a) The person or entity is accredited by the American	392
correctional association and, at the time of the application,	393
operates and manages one or more facilities accredited by the	394
American correctional association.	395

(b) The person or entity satisfies all of the minimum	396
criteria and specifications adopted by the department of	397
rehabilitation and correction pursuant to division (A)(2) of this	398
section, provided that this alternative shall be available only in	399
relation to the initial intensive program prison established	400
pursuant to section 5120.033 of the Revised Code.	401

(4) Subject to division (I) of this section, before a public	402
entity may enter into a contract under this section, the	403
contractor shall convincingly demonstrate to the public entity	404
that it can operate the facility with the inmate capacity required	405
by the public entity and provide the services required in this	406
section and realize at least a five per cent savings over the	407
projected cost to the public entity of providing these same	408
services to operate the facility that is the subject of the	409
contract. No out-of-state prisoners may be housed in any facility	410
that is the subject of a contract entered into under this section.	411

(B) Subject to division (I) of this section, any contract	412
entered into under this section shall include all of the	413
following:	414

(1) A requirement that the contractor retain the	415
contractor's accreditation from the American correctional	416
association throughout the contract term or, if the contractor	417
applied pursuant to division (A)(3)(b) of this section, continue	418
complying with the applicable criteria and specifications adopted	419
by the department of rehabilitation and correction pursuant to	420
division (A)(2) of this section;	421

(2) A requirement that all of the following conditions be	422
met:	423

(a) The contractor begins the process of accrediting the	424
facility with the American correctional association no later than	425
sixty days after the facility receives its first inmate.	426

(b) The contractor receives accreditation of the facility	427
within twelve months after the date the contractor applies to the	428
American correctional association for accreditation.	429

(c) Once the accreditation is received, the contractor	430
maintains it for the duration of the contract term.	431

(d) If the contractor does not comply with divisions	432
(B)(2)(a) to (c) of this section, the contractor is in violation	433
of the contract, and the public entity may revoke the contract at	434
its discretion.	435

(3) A requirement that the contractor comply with all rules	436
promulgated by the department of rehabilitation and correction	437
that apply to the operation and management of correctional	438
facilities, including the minimum standards for jails in Ohio and	439
policies regarding the use of force and the use of deadly force,	440
although the public entity may require more stringent standards,	441
and comply with any applicable laws, rules, or regulations of the	442
federal, state, and local governments, including, but not limited	443
to, sanitation, food service, safety, and health regulations. The	444
contractor shall be required to send copies of reports of	445
inspections completed by the appropriate authorities regarding	446
compliance with rules and regulations to the director of	447
rehabilitation and correction or the director's designee and, if	448
contracting with a local public entity, to the governing authority	449
of that entity.	450

(4) A requirement that the contractor report for	451
investigation all crimes in connection with the facility to the	452
public entity, to all local law enforcement agencies with	453
jurisdiction over the place at which the facility is located, and,	454
for a crime committed at a state correctional institution, to the	455
state highway patrol;	456

(5) A requirement that the contractor immediately report all	457
escapes from the facility, and the apprehension of all escapees,	458
by telephone and in writing to all local law enforcement agencies	459
with jurisdiction over the place at which the facility is located,	460
to the prosecuting attorney of the county in which the facility is	461
located, to the state highway patrol, to a daily newspaper having	462
general circulation in the county in which the facility is	463
located, and, if the institution facility is a state correctional	464
institution, to the department of rehabilitation and correction.	465
The written notice may be by either facsimile transmission or	466
mail. A failure to comply with this requirement regarding an	467
escape is a violation of section 2921.22 of the Revised Code.	468

(6) A requirement that, if the facility is a state	469
correctional institution, the contractor provide a written report	470
within specified time limits to the director of rehabilitation and	471
correction or the director's designee of all unusual incidents at	472
the facility as defined in rules promulgated by the department of	473
rehabilitation and correction or, if the facility is a local	474
correctional institution, that the contractor provide a written	475
report of all unusual incidents at the facility to the governing	476
authority of the local public entity;	477

(7) A requirement that the contractor maintain proper	478
control of inmates' personal funds pursuant to rules promulgated	479
by the department of rehabilitation and correction, for state	480
correctional institutions, or pursuant to the minimum standards	481
for jails along with any additional standards established by the	482
local public entity, for local correctional institutions, and that	483
records pertaining to these funds be made available to	484
representatives of the public entity for review or audit;	485

(8) A requirement that the contractor prepare and distribute	486
to the director of rehabilitation and correction or, if	487
contracting with a local public entity, to the governing authority	488
of the local entity, annual budget income and expenditure	489
statements and funding source financial reports;	490

(9) A requirement that the public entity appoint and	491
supervise a full-time contract monitor, that the contractor	492
provide suitable office space for the contract monitor at the	493
facility, and that the contractor allow the contract monitor	494
unrestricted access to all parts of the facility and all records	495
of the facility except the contractor's financial records;	496

(10) A requirement that if the facility is a state	497
correctional institution, designated department of rehabilitation	498
and correction staff members be allowed access to the facility in	499
accordance with rules promulgated by the department;	500

(11) A requirement that the contractor provide internal and	501
perimeter security as agreed upon in the contract;	502

(12) If the facility is a state correctional institution, a	503
requirement that the contractor impose discipline on inmates	504
housed in a state correctional institution, only in accordance	505
with rules promulgated by the department of rehabilitation and	506
correction;	507

(13) A requirement that the facility be staffed at all times	508
with a staffing pattern approved by the public entity and adequate	509
both to ensure supervision of inmates and maintenance of security	510
within the facility, and to provide for programs, transportation,	511
security, and other operational needs. In determining security	512
needs, the contractor shall be required to consider, among other	513
things, the proximity of the facility to neighborhoods and	514
schools.	515

(14) If the contract is with a local public entity, a	516
requirement that the contractor provide services and programs,	517
consistent with the minimum standards for jails promulgated by the	518
department of rehabilitation and correction under section 5120.10	519
of the Revised Code;	520

(15) A clear statement that no immunity from liability	521
granted to the state, and no immunity from liability granted to	522
political subdivisions under Chapter 2744. of the Revised Code,	523
shall extend to the contractor or any of the contractor's	524
employees;	525

(16) A statement that all documents and records relevant to	526
the facility shall be maintained in the same manner required for,	527
and subject to the same laws, rules, and regulations as apply to,	528
the records of the public entity;	529

(17) Authorization for the public entity to impose a fine on	530
the contractor from a schedule of fines included in the contract	531
for the contractor's failure to perform its contractual duties, or	532
to cancel the contract, as the public entity considers	533
appropriate. If a fine is imposed, the public entity may reduce	534
the payment owed to the contractor pursuant to any invoice in the	535
amount of the imposed fine.	536

(18) A statement that all services provided or goods	537
produced at the facility shall be subject to the same regulations,	538
and the same distribution limitations, as apply to goods and	539
services produced at other correctional institutions;	540

(19) Authorization for the department to establish one or	541
more prison industries at a facility operated and managed by a	542
contractor for the department;	543

(20) A requirement that, if the facility is an intensive	544
program prison established pursuant to section 5120.033 of the	545
Revised Code, the facility shall comply with all criteria for	546
intensive program prisons of that type that are set forth in that	547
section;	548

(21) If the institution is a state correctional institution,	549
a requirement that the contractor provide clothing for all inmates	550
housed in the facility that is conspicuous in its color, style, or	551
color and style, that conspicuously identifies its wearer as an	552
inmate, and that is readily distinguishable from clothing of a	553
nature that normally is worn outside the facility by non-inmates,	554
that the contractor require all inmates housed in the facility to	555
wear the clothing so provided, and that the contractor not permit	556
any inmate, while inside or on the premises of the facility or	557
while being transported to or from the facility, to wear any	558
clothing of a nature that does not conspicuously identify its	559
wearer as an inmate and that normally is worn outside the facility	560
by non-inmates.	561

(C) No contract entered into under this section may require,	562
authorize, or imply a delegation of the authority or	563
responsibility of the public entity to a contractor for any of the	564
following:	565

(1) Developing or implementing procedures for calculating	566
inmate release and parole eligibility dates and recommending the	567
granting or denying of parole, although the contractor may submit	568
written reports that have been prepared in the ordinary course of	569
business;	570

(2) Developing or implementing procedures for calculating	571
and awarding earned credits, approving the type of work inmates	572
may perform and the wage or earned credits, if any, that may be	573
awarded to inmates engaging in such that work, and granting,	574
denying, or revoking earned credits;	575

(3) For inmates serving a term imposed for a felony offense	576
committed prior to July 1, 1996, or for a misdemeanor offense,	577
developing or implementing procedures for calculating and awarding	578
good time, approving the good time, if any, that may be awarded to	579
inmates engaging in work, and granting, denying, or revoking good	580
time;	581

(4) For inmates serving a term imposed for a felony offense	582
committed on or after July 1, 1996, extending an inmate's term	583
pursuant to the provisions of law governing bad time;	584

(5) Classifying an inmate or placing an inmate in a more or	585
a less restrictive custody than the custody ordered by the public	586
entity;	587

(6) Approving inmates for work release;

588

(7) Contracting for local or long distance telephone	589
services for inmates or receiving commissions from such those	590
services at a facility that is owned by or operated under a	591
contract with the department.	592

(D) A contractor that has been approved to operate a	593
facility under this section, and a person or entity that enters	594
into a contract for specialized services, as described in division	595
(I) of this section, relative to an intensive program prison	596
established pursuant to section 5120.033 of the Revised Code to be	597
operated by a contractor that has been approved to operate the	598
prison under this section, shall provide an adequate policy of	599
insurance specifically including, but not limited to, insurance	600
for civil rights claims as determined by a risk management or	601
actuarial firm with demonstrated experience in public liability	602
for state governments. The insurance policy shall provide that	603
the state, including all state agencies, and all political	604
subdivisions of the state with jurisdiction over the facility or	605
in which a facility is located are named as insured, and that the	606
state and its political subdivisions shall be sent any notice of	607
cancellation. The contractor may not self-insure.	608

A contractor that has been approved to operate a facility	609
under this section, and a person or entity that enters into a	610
contract for specialized services, as described in division (I) of	611
this section, relative to an intensive program prison established	612
pursuant to section 5120.033 of the Revised Code to be operated by	613
a contractor that has been approved to operate the prison under	614
this section, shall indemnify and hold harmless the state, its	615
officers, agents, and employees, and any local government entity	616
in the state having jurisdiction over the facility or ownership of	617
the facility, shall reimburse the state for its costs in defending	618
the state or any of its officers, agents, or employees, and shall	619
reimburse any local government entity of that nature for its costs	620
in defending the local government entity, from all of the	621
following:	622

(1) Any claims or losses for services rendered by the	623
contractor, person, or entity performing or supplying services in	624
connection with the performance of the contract;	625

(2) Any failure of the contractor, person, or entity or its	626
officers or employees to adhere to the laws, rules, regulations,	627
or terms agreed to in the contract;	628

(3) Any constitutional, federal, state, or civil rights	629
claim brought against the state related to the facility operated	630
and managed by the contractor;	631

(4) Any claims, losses, demands, or causes of action arising	632
out of the contractor's, person's, or entity's activities in this	633
state;	634

(5) Any attorney's fees or court costs arising from any	635
habeas corpus actions or other inmate suits that may arise from	636
any event that occurred at the facility or was a result of such an	637
event, or arise over the conditions, management, or operation of	638
the facility, which fees and costs shall include, but not be	639
limited to, attorney's fees for the state's representation and for	640
any court-appointed representation of any inmate, and the costs of	641
any special judge who may be appointed to hear such those actions	642
or suits.	643

(E) Private correctional officers of a contractor operating	644
and managing a facility pursuant to a contract entered into under	645
this section may carry and use firearms in the course of their	646
employment only after being certified as satisfactorily completing	647
an approved training program as described in division (A) of	648
section 109.78 of the Revised Code.	649

(F) Upon notification by the contractor of an escape from,	650
or of a disturbance at, the facility that is the subject of a	651
contract entered into under this section, the department of	652
rehabilitation and correction and state and local law enforcement	653
agencies shall use all reasonable means to recapture escapees or	654
quell any disturbance. Any cost incurred by the state or its	655
political subdivisions relating to the apprehension of an escapee	656
or the quelling of a disturbance at the facility shall be	657
chargeable to and borne by the contractor. The contractor shall	658
also reimburse the state or its political subdivisions for all	659
reasonable costs incurred relating to the temporary detention of	660
the escapee following recapture.	661

(G) Any offense that would be a crime if committed at a	662
state correctional institution or jail, workhouse, prison, or	663
other correctional facility shall be a crime if committed by or	664
with regard to inmates at facilities operated pursuant to a	665
contract entered into under this section.	666

(H) A contractor operating and managing a facility pursuant	667
to a contract entered into under this section shall pay any inmate	668
workers at the facility at the rate approved by the public entity.	669
Inmates working at the facility shall not be considered employees	670
of the contractor.	671

(I) In contracting for the private operation and management	672
pursuant to division (A) of this section of the initial intensive	673
program prison established pursuant to section 5120.033 of the	674
Revised Code or of any other intensive program prison established	675
pursuant to that section, the department of rehabilitation and	676
correction may enter into a contract with a contractor for the	677
general operation and management of the prison and may enter into	678
one or more separate contracts with other persons or entities for	679
the provision of specialized services for persons confined in the	680
prison, including, but not limited to, security or training	681
services or medical, counseling, educational, or similar treatment	682
programs. If, pursuant to this division, the department enters	683
into a contract with a contractor for the general operation and	684
management of the prison and also enters into one or more	685
specialized service contracts with other persons or entities, all	686
of the following apply:	687

(1) The contract for the general operation and management	688
shall comply with all requirements and criteria set forth in this	689
section, and all provisions of this section apply in relation to	690
the prison operated and managed pursuant to the contract.	691

(2) Divisions (A)(2), (B), and (C) of this section do not	692
apply in relation to any specialized services contract, except to	693
the extent that the provisions of those divisions clearly are	694
relevant to the specialized services to be provided under the	695
specialized services contract. Division (D) of this section	696
applies in relation to each specialized services contract.	697

(J) As used in this section:

698

(1) "Public entity" means the department of rehabilitation	699
and correction, or a county or municipal corporation or a	700
combination of counties and municipal corporations, that has	701
jurisdiction over a facility that is the subject of a contract	702
entered into under this section.	703

(2) "Local public entity" means a county or municipal	704
corporation, or a combination of counties and municipal	705
corporations, that has jurisdiction over a jail, workhouse, or	706
other correctional facility used only for misdemeanants that is	707
the subject of a contract entered into under this section.	708

(3) "Governing authority of a local public entity" means, for	709
a county, the board of county commissioners; for a municipal	710
corporation, the legislative authority; for a combination of	711
counties and municipal corporation, all the boards of county	712
commissioners and municipal legislative authorities that joined to	713
create the facility.	714

(4) "Contractor" means a person who or entity that enters	715
into a contract under this section to operate and manage a jail,	716
workhouse, or other correctional facility.	717

(5) "Facility" means the specific county, multicounty,	718
municipal, municipal-county, or multicounty-municipal jail,	719
workhouse, prison, or other type of correctional institution or	720
facility used only for misdemeanants, or a state correctional	721
institution, that is the subject of a contract entered into under	722
this section.	723

(6) "Person or entity" in the case of a contract for the	724
private operation and management of a state correctional	725
institution, includes an employee organization, as defined in	726
section 4117.01 of the Revised Code, that represents employees at	727
state correctional institutions.	728

Sec. 9.821.  (A) The department of administrative services	729
shall direct and manage for state agencies all risk management and	730
insurance programs authorized under section 9.822 of the Revised	731
Code.	732

(B) The office of risk management is hereby established	733
within the department of administrative services. The director of	734
administrative services, or a deputy director appointed by the	735
director, shall control and supervise the office.	736

(C) The office may take any of the following actions that it	737
determines to be in the best interests of the state:	738

(1) Provide all insurance coverages for the state,	739
including, but not limited to, automobile liability, casualty,	740
property, public liability, and, except as provided in division	741
(C)(6) of this section, fidelity bond insurance;. The cost of	742
insurance coverage shall be paid from appropriations made to the	743
state agencies that the office has designated to receive the	744
coverage.	745

(2) Provide coverage of legal expenses that are necessary	746
and related to the legal defense of claims against the state;	747

(3) Purchase insurance policies consistent with sections	748
125.01 to 125.111 of the Revised Code, develop and administer	749
self-insurance programs, or do both;	750

(4) Consolidate and combine state insurance coverages;

751

(5) Provide technical services in risk management and	752
insurance to state agencies;	753

(6)(a) Establish and administer a self-insured fidelity bond	754
program for a particular class or subclass of state officer,	755
employee, or agent, if, prior to the establishment and	756
administration of this program, the director does both of the	757
following:	758

(i) Holds a hearing in accordance with Chapter 119. of the	759
Revised Code to determine whether fidelity bond insurance for that	760
particular class or subclass of state officer, employee, or agent	761
is available in the voluntary market;	762

(ii) If, as a result of that hearing, the director	763
determines that fidelity bond insurance for a particular class or	764
subclass of state officer, employee, or agent is unavailable in	765
the voluntary market and that the absence of this insurance	766
threatens the operation of state government and will be	767
detrimental to the general welfare of the citizens of this state,	768
adopts rules in accordance with Chapter 119. of the Revised Code	769
to establish standards and procedures governing the establishment,	770
administration, and termination of the fidelity bond program for	771
that particular class or subclass of state officer, employee, or	772
agent.	773

(b) Division (C)(6)(a) of this section does not apply to any	774
self-insured blanket fidelity bond program that, on the effective	775
date of this section September 20, 1993, has been established	776
pursuant to section 9.831 or 9.832 of the Revised Code.	777

(7) Except as provided in division (C)(6) of this section,	778
adopt and publish, in accordance with section 111.15 of the	779
Revised Code, necessary rules and procedures governing the	780
administration of the state's insurance and risk management	781
activities.	782

(D) No state agency, except a state agency exempted under	783
section 125.02 or 125.04 of the Revised Code from the department's	784
purchasing authority, shall purchase any insurance described in	785
this section except as authorized by the department and in	786
accordance with terms, conditions, and procurement methods	787
established by the department.	788

(E) With respect to any civil action, demand, or claim	789
against the state that could be filed in the court of claims,	790
nothing in sections 9.82 to 9.823 of the Revised Code shall be	791
interpreted to permit the settlement or compromise of those civil	792
actions, demands, or claims, except in the manner provided in	793
Chapter 2743. of the Revised Code.	794

Sec. 9.822.  (A) The department of administrative services	795
through the office of risk management shall establish an insurance	796
plan or plans, which that may provide for self-insurance or the	797
purchase of insurance, or both, for any of the following purposes:	798

(1) Insuring state real and personal property against losses	799
occasioned by fire, windstorm, or other accidents and perils;	800

(2) Insuring the state and its officers and employees	801
against liability resulting from any civil action, demand, or	802
claim against the state or its officers and employees arising out	803
of any act or omission of an officer or employee in the	804
performance of his official duties, except acts and omissions for	805
which indemnification is prohibited under section 9.87 of the	806
Revised Code;	807

(3) Insuring the state through the fidelity bonding of state	808
officers, employees, and agents who are required by law to provide	809
a fidelity bond.	810

(B)(1) Prior to the establishment of any self-insured	811
fidelity bond program for a particular class or subclass of state	812
officer, employee, or agent authorized pursuant to division (A)(3)	813
of this section, the director of administrative services shall	814
follow the procedures for holding a hearing and adopting rules set	815
forth in division (C)(6)(a) of section 9.821 of the Revised Code.	816

(2) Division (B)(1) of this section does not apply to any	817
self-insured blanket fidelity bond program that, on the effective	818
date of this section September 20, 1993, has been established	819
pursuant to section 9.831 or 9.832 of the Revised Code.	820

(3) The director shall prepare annually a written report	821
detailing any self-insured fidelity bond program established	822
pursuant to division (A)(3) of this section. The report shall	823
include, but is not limited to, information relating to premiums	824
collected, income from recovery, loss experience, and	825
administrative costs of the program. A copy of the report,	826
together with a copy of those portions of the most recent reports	827
submitted under division (D) of section 9.823 of the Revised Code	828
and pertaining that pertain to any such self-insured fidelity bond	829
program, shall be submitted to the speaker of the house of	830
representatives and the president of the senate by the first last	831
day of September March of each year.	832

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

833

(1) "Caucus" means all of the members of either house of the	834
general assembly who are members of the same political party.	835

(2) "Committee" means any committee of either house of the	836
general assembly, a joint committee of both houses of the general	837
assembly, including a committee of conference, or a subcommittee	838
of any committee listed in division (A)(2) of this section.	839

(3) "Meeting" means any prearranged discussion of the public	840
business of a committee by a majority of its members.	841

(B) Except as otherwise provided in division (F) of this	842
section, all meetings of any committee are declared to be public	843
meetings open to the public at all times. The secretary assigned	844
to the chairperson of the committee shall prepare, file, and	845
maintain the minutes of every regular or special meeting of a	846
committee. The committee, at its next regular or special meeting,	847
shall approve the minutes prepared, filed, and maintained by the	848
secretary, or, if the minutes prepared, filed, and maintained by	849
the secretary require correction before their approval, the	850
committee shall correct and approve the minutes at the next	851
following regular or special meeting. The committee shall make	852
the minutes available for public inspection not later than seven	853
days after the meeting the minutes reflect or not later than the	854
committee's next regular or special meeting, whichever occurs	855
first.	856

(C) Each committee shall establish by rule a reasonable	857
method whereby any person may determine the time and place of all	858
regularly scheduled meetings and the time, place, and purpose of	859
all special meetings. No committee shall hold a regular or	860
special meeting unless it gives at least twenty-four hours'	861
advance notice to the news media that have requested notification.	862

The rule method established by each committee shall provide	863
that, upon request and payment of a reasonable fee, any person may	864
obtain reasonable advance notification of all meetings at which	865
any specific type of public business will be discussed. Provisions	866
for advance notification may include, but are not limited to,	867
mailing the agenda of meetings to all subscribers on a mailing	868
list or mailing notices in self-addressed stamped envelopes	869
provided by the person who desires advance notification.	870

(D) Any action of a committee relating to a bill or	871
resolution, or any other formal action of a committee, is invalid	872
unless taken in an open meeting of the committee. Any action of a	873
committee relating to a bill or resolution, or any other formal	874
action of a committee, taken in an open meeting is invalid if it	875
results from deliberations in a meeting not open to the public.	876

(E)(1) Any person may bring an action to enforce this	877
section. An action under this division shall be brought within	878
two years after the date of the alleged violation or threatened	879
violation. Upon proof of a violation or threatened violation of	880
this section in an action brought by any person, the court of	881
common pleas shall issue an injunction to compel the members of	882
the committee to comply with its provisions.	883

(2)(a) If the court of common pleas issues an injunction	884
under division (E)(1) of this section, the court shall order the	885
committee that it enjoins to pay a civil forfeiture of five	886
hundred dollars to the party that sought the injunction and shall	887
award to that party all court costs and, subject to reduction as	888
described in this division, reasonable attorney's fees. The	889
court, in its discretion, may reduce an award of attorney's fees	890
to the party that sought the injunction or not award attorney's	891
fees to that party if the court determines both of the following:	892

(i) That, based on the ordinary application of statutory law	893
and case law as it existed at the time of the violation or	894
threatened violation that was the basis of the injunction, a	895
well-informed committee reasonably would believe that the	896
committee was not violating or threatening to violate this	897
section;	898

(ii) That a well-informed committee reasonably would believe	899
that the conduct or threatened conduct that was the basis of the	900
injunction would serve the public policy that underlies the	901
authority that is asserted as permitting that conduct or	902
threatened conduct.	903

(b) If the court of common pleas does not issue an	904
injunction under division (E)(1) of this section and the court	905
determines at that time that the bringing of the action was	906
frivolous conduct as defined in division (A) of section 2323.51 of	907
the Revised Code, the court shall award to the committee all court	908
costs and reasonable attorney's fees, as determined by the court.	909

(3) Irreparable harm and prejudice to the party that sought	910
the injunction shall be conclusively and irrebuttably presumed	911
upon proof of a violation or threatened violation of this section.	912

(4) A member of a committee who knowingly violates an	913
injunction issued under division (E)(1) of this section may be	914
removed from office by an action brought in the court of common	915
pleas for that purpose by the prosecuting attorney of Franklin	916
county or by the attorney general.	917

(5) The remedies described in divisions (E)(1) to (4) of	918
this section shall be the exclusive remedies for a violation of	919
this section.	920

(F) This section does not apply to or affect either of the	921
following:	922

(1) All meetings of the joint legislative ethics committee	923
created under section 101.34 of the Revised Code other than a	924
meeting that is held for any of the following purposes:	925

(a) To consider the adoption, amendment, or recission of any	926
rule that the joint legislative ethics committee is authorized to	927
adopt pursuant to division (B)(11) of section 101.34, division (E)	928
of section 101.78, division (B) of section 102.02, or division (E)	929
of section 121.68 of the Revised Code;	930

(b) To discuss and consider changes to any administrative	931
operation of the joint legislative ethics committee other than any	932
matter described in division (G) of section 121.22 of the Revised	933
Code;	934

(c) To discuss pending or proposed legislation.

935

(2) Meetings of a caucus.

936

(G) For purposes of division (F)(1)(a) of this section, an	937
advisory opinion, written opinion, or decision relative to a	938
complaint is not a rule.	939

Sec. 101.27.  (A)(1) Every member of the senate, except the	940
members elected president, president pro tempore, assistant	941
president pro tempore, majority whip, minority leader, assistant	942
minority leader, minority whip, and assistant minority whip, shall	943
receive as compensation a salary of fifty-one thousand six	944
hundred seventy-four dollars a year during the senator's term of	945
office. Every member of the house of representatives, except the	946
members elected speaker, speaker pro tempore, majority floor	947
leader, assistant majority floor leader, majority whip, assistant	948
majority whip, minority leader, assistant minority leader,	949
minority whip, and assistant minority whip, shall receive as	950
compensation a salary of fifty-one thousand six hundred	951
seventy-four dollars a year during the representative's term of	952
office. Such salaries shall be paid in equal monthly installments	953
during such term. All monthly payments shall be made on or before	954
the fifth day of each month. Upon the death of any member of the	955
general assembly during the member's term of office, any unpaid	956
salary due such member for the remainder of the member's term	957
shall be paid to the member's dependent, surviving spouse,	958
children, mother, or father, in the order in which the	959
relationship is set forth in this section in monthly installments.	960

(2) Each member shall receive a travel allowance	961
reimbursement per mile each way, at the same mileage rate allowed	962
for the reimbursement of travel expenses of state agents as	963
provided by rule of the director of budget and management pursuant	964
to division (B) of section 126.31 of the Revised Code, for mileage	965
not more than once a week during the session for travel incurred	966
by a member from and to the member's place of residence, by the	967
most direct highway route of public travel to and from the seat of	968
government, to be paid quarterly on the last day of March, June,	969
September, and December of each year.	970

(3) The member of the senate elected president and the	971
member of the house of representatives elected speaker shall each	972
receive as compensation a salary of eighty thousand five hundred	973
forty-nine dollars a year during the president's or speaker's term	974
of office.	975

The member of the senate elected president pro tempore, the	976
member of the senate elected minority leader, the member of the	977
house of representatives elected speaker pro tempore, and the	978
member of the house of representatives elected minority leader	979
shall each receive as compensation a salary of seventy-three	980
thousand four hundred ninety-three dollars a year during the	981
member's term of office. The member of the house of	982
representatives elected majority floor leader and the member of	983
the senate elected assistant president pro tempore shall each	984
receive as compensation a salary of sixty-nine thousand two	985
hundred twenty-seven dollars a year during the member's term of	986
office. The member of the senate elected assistant minority	987
leader and the member of the house of representatives elected	988
assistant minority leader shall each receive as compensation a	989
salary of sixty-seven thousand ninety-nine dollars a year during	990
the member's term of office. The member of the senate elected	991
majority whip and the member of the house of representatives	992
elected assistant majority floor leader shall each receive a	993
salary of sixty-four thousand nine hundred sixty-seven dollars a	994
year during the member's term of office. The member of the senate	995
elected minority whip, the member of the house of representatives	996
elected majority whip, and the member of the house of	997
representatives elected minority whip shall each receive as	998
compensation a salary of sixty thousand seven hundred six	999
dollars a year during the member's term of office. The member of	1000
the house of representatives elected assistant majority whip shall	1001
receive as compensation a salary of fifty-six thousand four	1002
hundred forty-three dollars a year during the member's term of	1003
office. The member of the house of representatives elected	1004
assistant minority whip and the member of the senate elected	1005
assistant minority whip shall each receive a salary of fifty-four	1006
thousand sixty dollars a year during the member's term of office.	1007

(4) The chairperson of the finance committee of each house	1008
shall receive an additional sum of ten thousand dollars annually.	1009
The chairperson of each standing committee of each house other	1010
than the finance committee shall receive an additional sum of six	1011
thousand five hundred dollars annually. The chairperson of each	1012
standing subcommittee of a finance committee shall receive an	1013
additional sum of six thousand five hundred dollars annually.	1014
The vice-chairperson of the finance committee of each house shall	1015
receive an additional sum of five thousand five hundred dollars	1016
annually. The ranking minority member of the finance committee	1017
of each house shall receive an additional sum of six thousand	1018
five hundred dollars annually. The ranking minority member of	1019
each standing subcommittee of a finance committee shall receive an	1020
additional sum of five thousand dollars annually. The	1021
chairperson of each standing subcommittee of each house other than	1022
a standing subcommittee of the finance committee shall receive an	1023
additional sum of five thousand dollars annually. The	1024
vice-chairperson and ranking minority member of each standing	1025
committee of each house other than the finance committee shall	1026
each receive an additional sum of five thousand dollars	1027
annually. Except for the ranking minority member of each standing	1028
subcommittee of a finance committee, the ranking minority member	1029
of each standing subcommittee of each house shall receive an	1030
additional sum of two thousand five hundred dollars annually.	1031

No member may receive more than one additional sum for	1032
serving as chairperson, vice-chairperson, or ranking minority	1033
member of a standing committee or standing subcommittee,	1034
regardless of the number of standing committees or standing	1035
subcommittees on which the member serves as chairperson,	1036
vice-chairperson, or ranking minority member.	1037

(5) If a member is absent without leave, or is not excused	1038
on the member's return, there shall be deducted from the member's	1039
compensation twenty dollars for each day's absence.	1040

(B) Each calendar year from 2002 through 2008, the salary	1041
amounts under divisions (A)(1) and (3) of this section shall be	1042
increased by the lesser of the following:	1043

(1) Three per cent;

1044

(2) The percentage increase, if any, in the consumer price	1045
index over the twelve-month period that ends on the thirtieth day	1046
of September of the immediately preceding year, rounded to the	1047
nearest one-tenth of one per cent.	1048

(C) As used in this section:

1049

(1) "Consumer price index" means the consumer price index	1050
prepared by the United States bureau of labor statistics (U.S.	1051
city average for urban wage earners and clerical workers: all	1052
items, 1982-1984=100), or, if that index is no longer published, a	1053
generally available comparable index.	1054

(2) "Finance committee" means the finance committee of the	1055
senate and the finance-appropriations committee of the house of	1056
representatives.	1057

Sec. 101.30.  (A) As used in this section and in sections	1058
101.302 and 101.303 of the Revised Code:	1059

(1) "Legislative document" includes, but is not limited to,	1060
all of the following:	1061

(a) A working paper, work product, correspondence,	1062
preliminary draft, note, proposed bill or resolution, proposed	1063
amendment to a bill or resolution, analysis, opinion, memorandum,	1064
or other document in whatever form or format prepared by	1065
legislative staff for a member of the general assembly or for	1066
general assembly staff;	1067

(b) Any document or material in whatever form or format	1068
provided by a member of the general assembly or general assembly	1069
staff to legislative staff that requests, or that provides	1070
information or materials to assist in, the preparation of any of	1071
the items described in division (A)(1)(a) of this section;	1072

(c) Any summary of a bill or resolution or of an amendment	1073
to a bill or resolution in whatever form or format that is	1074
prepared by or in the possession of a member of the general	1075
assembly or general assembly staff, if the summary is prepared	1076
before the bill, resolution, or amendment is filed for	1077
introduction or presented at a committee hearing or floor session,	1078
as applicable.	1079

(2) "Legislative staff" means the staff of the legislative	1080
service commission, legislative budget office of the legislative	1081
service commission, or any other legislative agency included in	1082
the legislative service commission budget group.	1083

(3) "General assembly staff" means an officer or employee of	1084
either house of the general assembly who acts on behalf of a	1085
member of the general assembly or on behalf of a committee or	1086
either house of the general assembly.	1087

(B)(1) Legislative staff shall maintain a confidential	1088
relationship with each member of the general assembly, and with	1089
each member of the general assembly staff, with respect to	1090
communications between the member of the general assembly or	1091
general assembly staff and legislative staff. Except as otherwise	1092
provided in this division and division (C) of this section, a	1093
legislative document arising out of this confidential relationship	1094
is not a public record for purposes of section 149.43 of the	1095
Revised Code. When it is in the public interest and with the	1096
consent of the commission, the director of the commission may	1097
release to the public any legislative document in the possession	1098
of the commission staff arising out of a confidential relationship	1099
with a former member of the general assembly or former member of	1100
the general assembly staff who is not available to make the	1101
legislative document a public record as provided in division (C)	1102
of this section because of death or disability, whom the director	1103
is unable to contact for that purpose, or who fails to respond to	1104
the director after the director has made a reasonable number of	1105
attempts to make such contact.	1106

(2) Legislative documents that are not public records under	1107
divisions (B)(1) and (C) of this section are not subject to	1108
subpoena duces tecum. A member of the general assembly, member of	1109
the general assembly staff, or member of the legislative staff	1110
neither is subject to subpoena or subpoena duces tecum, nor may be	1111
compelled to testify, with regard to legislative documents that	1112
are not public records under divisions (B)(1) and (C) of this	1113
section.	1114

(C)(1) A legislative document is a public record for	1115
purposes of section 149.43 of the Revised Code if it is an	1116
analysis, synopsis, fiscal note, or local impact statement	1117
prepared by legislative staff that is required to be prepared by	1118
law, or by a rule of either house of the general assembly, for the	1119
benefit of the members of either or both of those houses or any	1120
legislative committee and if it has been presented to those	1121
members.	1122

(2) A legislative document is a public record for purposes	1123
of section 149.43 of the Revised Code if a member of the general	1124
assembly for whom legislative staff prepared the legislative	1125
document does any of the following:	1126

(a) Files it for introduction with the clerk of the senate	1127
or the clerk of the house of representatives, if it is a bill or	1128
resolution;	1129

(b) Presents it at a committee hearing or floor session, if	1130
it is an amendment to a bill or resolution or is a substitute bill	1131
or resolution;	1132

(c) Releases it, or authorizes general assembly staff or	1133
legislative staff to release it, to the public.	1134

Sec. 101.302.  A member of the general assembly, a member of	1135
the general assembly staff, and a member of the legislative staff,	1136
in their respective capacities as such, are not liable in a civil	1137
action for any legislative act or duty. In relation to any	1138
legislative act or duty, a member of the general assembly, a	1139
member of the general assembly staff, or a member of the	1140
legislative staff is not subject to subpoena or subpoena duces	1141
tecum in a civil action, may not be made party to a civil action,	1142
and may not be compelled to testify or to produce tangible	1143
evidence in a civil action.	1144

This section is cumulative to Ohio Constitution, Article II,	1145
Section 12.	1146

Sec. 101.303.  A member of the legislative staff shall not	1147
be compelled to testify or to produce tangible evidence concerning	1148
any communication with or any advice or assistance given to a	1149
member of the general assembly or a member of the general assembly	1150
staff in relation to any legislative act or duty.	1151

Sec. 101.34.  (A) There is hereby created a joint	1152
legislative ethics committee to serve the general assembly. The	1153
committee shall be composed of twelve members, six each from the	1154
two major political parties, and each member shall serve on the	1155
committee during the member's term as a member of that general	1156
assembly. Six members of the committee shall be members of the	1157
house of representatives appointed by the speaker of the house of	1158
representatives, not more than three from the same political	1159
party, and six members of the committee shall be members of the	1160
senate appointed by the president of the senate, not more than	1161
three from the same political party. A vacancy in the committee	1162
shall be filled for the unexpired term in the same manner as an	1163
original appointment. The members of the committee shall be	1164
appointed within fifteen days after the first day of the first	1165
regular session of each general assembly and the committee shall	1166
meet and proceed to recommend an ethics code not later than thirty	1167
days after the first day of the first regular session of each	1168
general assembly.	1169

In the first regular session of each general assembly, the	1170
speaker of the house of representatives shall appoint the	1171
chairperson of the committee from among the house members of the	1172
committee and the president of the senate shall appoint the	1173
vice-chairperson of the committee from among the senate members of	1174
the committee. In the second regular session of each general	1175
assembly, the president of the senate shall appoint the	1176
chairperson of the committee from among the senate members of the	1177
committee and the speaker of the house of representatives shall	1178
appoint the vice-chairperson of the committee from among the house	1179
members of the committee. The chairperson, vice-chairperson, and	1180
members of the committee shall serve until their respective	1181
successors are appointed or until they are no longer members of	1182
the general assembly.	1183

The committee shall meet at the call of the chairperson or	1184
upon the written request of seven members of the committee.	1185

(B) The joint legislative ethics committee:

1186

(1) Shall recommend a code of ethics which is consistent	1187
with law to govern all members and employees of each house of the	1188
general assembly and all candidates for the office of member of	1189
each house;	1190

(2) May receive and hear any complaint which alleges a	1191
breach of any privilege of either house, or misconduct of any	1192
member, employee, or candidate, or any violation of the	1193
appropriate code of ethics;	1194

(3) May obtain information with respect to any complaint	1195
filed pursuant to this section and to that end may enforce the	1196
attendance and testimony of witnesses, and the production of books	1197
and papers;	1198

(4) May recommend whatever sanction is appropriate with	1199
respect to a particular member, employee, or candidate as will	1200
best maintain in the minds of the public a good opinion of the	1201
conduct and character of members and employees of the general	1202
assembly;	1203

(5) May recommend legislation to the general assembly	1204
relating to the conduct and ethics of members and employees of and	1205
candidates for the general assembly;	1206

(6) Shall employ an executive director for the committee and	1207
may employ such other staff as the committee determines necessary	1208
to assist it in exercising its powers and duties. The executive	1209
director and staff of the committee shall be known as the office	1210
of legislative inspector general. At least one member of the	1211
staff of the committee shall be an attorney at law licensed to	1212
practice law in this state. The appointment and removal of the	1213
executive director shall require the approval of at least eight	1214
members of the committee.	1215

(7) May employ a special counsel to assist the committee in	1216
exercising its powers and duties. The appointment and removal of	1217
a special counsel shall require the approval of at least eight	1218
members of the committee.	1219

(8) Shall act as an advisory body to the general assembly	1220
and to individual members, candidates, and employees on questions	1221
relating to ethics, possible conflicts of interest, and financial	1222
disclosure;	1223

(9) Shall provide for the proper forms on which the	1224
statement required pursuant to section 102.02 of the Revised Code	1225
shall be filed and instructions as to the filing of the statement;	1226

(10) Exercise the powers and duties prescribed under	1227
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised	1228
Code;	1229

(11) Adopt in accordance with section 111.15 of the Revised	1230
Code any rules that are necessary to implement and clarify Chapter	1231
102. and sections 2921.42 and 2921.43 of the Revised Code.	1232

(C) There is hereby created in the state treasury the joint	1233
legislative ethics committee fund. All money collected from	1234
registration fees and late filing fees prescribed under sections	1235
101.72 and 121.62 of the Revised Code shall be deposited into the	1236
state treasury to the credit of the fund. Money credited to the	1237
fund and any interest and earnings from the fund shall be used	1238
solely for the operation of the joint legislative ethics committee	1239
and the office of legislative inspector general and for the	1240
purchase of data storage and computerization facilities for the	1241
statements filed with the joint committee under sections 101.73,	1242
101.74, 121.63, and 121.64 of the Revised Code.	1243

(D) The chairperson of the joint committee shall issue a	1244
written report, not later than the thirty-first day of January of	1245
each year, to the speaker and minority leader of the house of	1246
representatives and to the president and minority leader of the	1247
senate that lists the number of committee meetings and	1248
investigations the committee conducted during the immediately	1249
preceding calendar year and the number of advisory opinions it	1250
issued during the immediately preceding calendar year.	1251

(E) Any investigative report that contains facts and	1252
findings regarding a complaint filed with the committee and that	1253
is prepared by the staff of the committee or a special counsel to	1254
the committee shall become a public record upon its acceptance by	1255
a vote of the majority of the members of the committee, except for	1256
any names of specific individuals and entities contained in the	1257
report. If the committee recommends disciplinary action or	1258
reports its findings to the appropriate prosecuting authority for	1259
proceedings in prosecution of the violations alleged in the	1260
complaint, the investigatory report regarding the complaint shall	1261
become a public record in its entirety.	1262

(F)(1) Any file obtained by or in the possession of the	1263
former house ethics committee or former senate ethics committee	1264
shall become the property of the joint legislative ethics	1265
committee. Any such file is confidential if either of the	1266
following applies:	1267

(a) It is confidential under section 102.06 of the Revised	1268
Code or the legislative code of ethics.	1269

(b) If the file was obtained from the former house ethics	1270
committee or from the former senate ethics committee, it was	1271
confidential under any statute or any provision of a code of	1272
ethics that governed the file.	1273

(2) As used in this division, "file" includes, but is not	1274
limited to, evidence, documentation, or any other tangible thing.	1275

Sec. 101.37. (A) There is hereby created the joint council on	1276
mental retardation and developmental disabilities. The joint	1277
council shall consist of three members of the house of	1278
representatives appointed by the speaker of the house of	1279
representatives, not more than two of whom shall be members of the	1280
same political party, three members of the senate appointed by the	1281
president of the senate, not more than two of whom shall be	1282
members of the same political party, and the director of mental	1283
retardation and developmental disabilities. At least one member	1284
of the joint council appointed by the speaker of the house of	1285
representatives and at least one member appointed by the president	1286
of the senate shall be a member of the house or senate committee	1287
with primary responsibility for appropriation issues and at least	1288
one member appointed by the speaker and at least one member	1289
appointed by the president shall be a member of the house or	1290
senate committee with primary responsibility for human services	1291
issues. Members	1292

Members of the joint council shall be reimbursed for their	1293
actual and necessary expenses incurred in the performance of their	1294
official duties, provided that reimbursement for such expenses	1295
shall not exceed limits imposed upon the department of mental	1296
retardation and developmental disabilities by administrative rules	1297
regulating travel within this state. Members shall receive no	1298
other compensation. The	1299

The joint council shall organize itself within fifteen days	1300
after the commencement of each regular session of the general	1301
assembly by electing a chairperson and vice-chairperson. The	1302
joint council may meet upon the call of the chairperson, the	1303
director, or on the request of any three members. Members	1304

Members of the joint council who are appointed from the	1305
general assembly shall serve until the expiration of their terms	1306
in the general assembly. Any vacancies occurring among the	1307
general assembly members of the joint council shall be filled in	1308
the manner of the original appointment.	1309

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

1310

(A)(1) Appoint the original members of the citizen's	1311
advisory council at any institution under the control of the	1312
department of mental retardation and developmental disabilities	1313
that is created after November 15, 1981;	1314

(B)(2) Make final determinations in any dispute between the	1315
director of mental retardation and developmental disabilities and	1316
a citizen's advisory council concerning the appointment of members	1317
to the citizen's advisory council, as provided for in section	1318
5123.092 of the Revised Code;	1319

(C)(3) Receive reports from citizen's advisory councils on	1320
or before the thirty-first day of January of each year, as	1321
required by section 5123.093 of the Revised Code;	1322

(D)(4) Receive reports as appropriate concerning extenuating	1323
circumstances at institutions under the control of the department	1324
of mental retardation and developmental disabilities;	1325

(E)(5) Conduct reviews and make recommendations to the	1326
director of mental retardation and developmental disabilities with	1327
respect to any disputes between the department of mental	1328
retardation and developmental disabilities and entities that have	1329
entered into contracts with the department for the provision of	1330
protective services to individuals with mental retardation or	1331
developmental disabilities;	1332

(6) Provide the director of mental retardation and	1333
developmental disabilities with advice on legislative and fiscal	1334
issues affecting the department of mental retardation and	1335
developmental disabilities, county boards of mental retardation	1336
and developmental disabilities, persons with mental retardation or	1337
developmental disabilities, and providers of services to persons	1338
with mental retardation or developmental disabilities and on	1339
related issues the director requests the joint council to address;	1340

(F)(7) On behalf of the director of mental retardation and	1341
developmental disabilities, advocate to the general assembly	1342
legislative issues about which the joint council has provided	1343
advice to the director.	1344

(C) Reports and any correspondence received by the joint	1345
council shall be deposited with the legislative service	1346
commission, which shall retain them for not less than three years	1347
after the date of deposit.	1348

Sec. 101.72.  (A) Each legislative agent and employer,	1349
within ten days following an engagement of a legislative agent,	1350
shall file with the joint legislative ethics committee an initial	1351
registration statement showing all of the following:	1352

(1) The name, business address, and occupation of the	1353
legislative agent;	1354

(2) The name and business address of the employer and the	1355
real party in interest on whose behalf the legislative agent is	1356
actively advocating, if it is different from the employer. For	1357
the purposes of division (A) of this section, where a trade	1358
association or other charitable or fraternal organization that is	1359
exempt from federal income taxation under subsection 501(c) of the	1360
federal Internal Revenue Code is the employer, the statement need	1361
not list the names and addresses of each member of the association	1362
or organization, so long as the association or organization itself	1363
is listed.	1364

(3) A brief description of the type of legislation to which	1365
the engagement relates.	1366

(B) In addition to the initial registration statement	1367
required by division (A) of this section, each legislative agent	1368
and employer shall file with the joint committee, not later than	1369
the last day of January, May, and September of each year, an	1370
updated registration statement that confirms the continuing	1371
existence of each engagement described in an initial registration	1372
statement and that lists the specific bills or resolutions on	1373
which the agent actively advocated under that engagement during	1374
the period covered by the updated statement, and with it any	1375
statement of expenditures required to be filed by section 101.73	1376
of the Revised Code and any details of financial transactions	1377
required to be filed by section 101.74 of the Revised Code.	1378

(C) If a legislative agent is engaged by more than one	1379
employer, the agent shall file a separate initial and updated	1380
registration statement for each engagement. If an employer	1381
engages more than one legislative agent, the employer need file	1382
only one updated registration statement under division (B) of this	1383
section, which shall contain the information required by division	1384
(B) of this section regarding all of the legislative agents	1385
engaged by the employer.	1386

(D)(1) A change in any information required by division	1387
(A)(1), (2), or (B) of this section shall be reflected in the next	1388
updated registration statement filed under division (B) of this	1389
section.	1390

(2) Within thirty days after the termination of an	1391
engagement, the legislative agent who was employed under the	1392
engagement shall send written notification of the termination to	1393
the joint committee.	1394

(E) Except as otherwise provided in this division, a	1395
registration fee of ten dollars shall be charged for filing an	1396
initial registration statement. All money collected from this	1397
registration fee fees under this division and late filing fees	1398
under division (G) of this section shall be deposited to the	1399
credit of the joint legislative ethics committee fund created	1400
under section 101.34 of the Revised Code. An	1401

An officer or employee of a state agency who actively	1402
advocates in a fiduciary capacity as a representative of that	1403
state agency need not pay the registration fee prescribed by this	1404
division or file expenditure statements under section 101.73 of	1405
the Revised Code. As used in this division, "state agency" does	1406
not include a state institution of higher education as defined in	1407
section 3345.011 of the Revised Code.	1408

(F) Upon registration pursuant to division (A) of this	1409
section, the legislative agent shall be issued a card by the joint	1410
committee showing that the legislative agent is registered. The	1411
registration card and the legislative agent's registration shall	1412
be valid from the date of their issuance until the next	1413
thirty-first day of December of an even-numbered year.	1414

(G) The executive director of the joint committee shall be	1415
responsible for reviewing each registration statement filed with	1416
the joint committee under this section and for determining whether	1417
the statement contains all of the information required by this	1418
section. If the joint committee determines that the registration	1419
statement does not contain all of the required information or that	1420
a legislative agent or employer has failed to file a registration	1421
statement, the joint committee shall send written notification by	1422
certified mail to the person who filed the registration statement	1423
regarding the deficiency in the statement or to the person who	1424
failed to file the registration statement regarding the failure.	1425
Any person so notified by the joint committee shall, not later	1426
than fifteen days after receiving the notice, file a registration	1427
statement or an amended registration statement that does contain	1428
all of the information required by this section. If any person	1429
who receives a notice under this division fails to file a	1430
registration statement or such an amended registration statement	1431
within this fifteen-day period, the joint committee shall notify	1432
the attorney general, who may take appropriate action as	1433
authorized under section 101.79 of the Revised Code. If the joint	1434
committee notifies the attorney general under this division, the	1435
joint committee shall also notify in writing the governor and each	1436
member of the general assembly of the pending investigation assess	1437
a late filing fee equal to twelve dollars and fifty cents per day,	1438
up to a maximum of one hundred dollars, upon that person. The	1439
joint committee may waive the late filing fee for good cause	1440
shown.	1441

(H) On or before the fifteenth day of March of each year,	1442
the joint committee shall, in the manner and form that it	1443
determines, publish a report containing statistical information on	1444
the registration statements filed with it under this section	1445
during the preceding year.	1446

Sec. 101.73.  (A) Each legislative agent and each employer	1447
shall file in the office of the joint legislative ethics	1448
committee, with the updated registration statement required by	1449
division (B) of section 101.72 of the Revised Code, a statement of	1450
expenditures as specified in divisions (B) and (C) of this	1451
section. A legislative agent shall file a separate statement of	1452
expenditures under this section for each employer engaging him the	1453
legislative agent.	1454

(B)(1) In addition to the information required by divisions	1455
(B)(2) and (3) of this section, a statement filed by a legislative	1456
agent shall show the total amount of expenditures made by the	1457
legislative agent during the reporting period covered by the	1458
statement.	1459

(2) If, during a reporting period covered by a statement, an	1460
employer or any legislative agent he the employer engaged made,	1461
either separately or in combination with each other, either	1462
directly or indirectly, expenditures to, at the request of, for	1463
the benefit of, or on behalf of any particular member of the	1464
general assembly, any particular member of the controlling board,	1465
the governor, the director of a department created under section	1466
121.02 of the Revised Code, or any particular member of the staff	1467
of any of the public officers or employees listed in division	1468
(B)(2) of this section, then the employer or legislative agent	1469
shall also state all of the following:	1470

(a) The name of the public officer or employee to whom, at	1471
whose request, for whose benefit, or on whose behalf the	1472
expenditures were made;	1473

(b) The total amount of the expenditures made;

1474

(c) A brief description of the expenditures made;

1475

(d) The approximate date the expenditures were made;

1476

(e) The specific items of legislation, if any, for which the	1477
expenditures were made and the identity of the client on whose	1478
behalf each expenditure was made.	1479

As used in division (B)(2) of this section, "expenditures"	1480
does not include expenditures made by a legislative agent as	1481
payment for meals and other food and beverages.	1482

(3) If, during a reporting period covered by a statement, a	1483
legislative agent made expenditures as payment for meals and other	1484
food and beverages, other than for meals and other food and	1485
beverages provided to a member of the general assembly at a	1486
meeting at which the member participated in a panel, seminar, or	1487
speaking engagement or provided to a member of the general	1488
assembly at a meeting or convention of a national organization to	1489
which either house of the general assembly, any legislative	1490
agency, or any other state agency or any state institution of	1491
higher education as defined in section 3345.031 of the Revised	1492
Code pays membership dues, that, when added to the amount of	1493
previous payments made for meals and other food and beverages by	1494
that legislative agent during that same calendar year, exceeded a	1495
total of fifty dollars to, at the request of, for the benefit of,	1496
or on behalf of any particular member of the general assembly, any	1497
particular member of the controlling board, the governor, the	1498
director of a department created under section 121.02 of the	1499
Revised Code, or any particular member of the staff of any of the	1500
public officers or employees listed in division (B)(3) of this	1501
section, then the legislative agent shall also state all of the	1502
following regarding those expenditures:	1503

(a) The name of the public officer or employee to whom, at	1504
whose request, for whose benefit, or on whose behalf the	1505
expenditures were made;	1506

(b) The total amount of the expenditures made;

1507

(c) A brief description of the expenditures made;

1508

(d) The approximate date the expenditures were made;

1509

(e) The specific items of legislation, if any, for which the	1510
expenditures were made and the identity of the client on whose	1511
behalf each expenditure was made.	1512

(C) In addition to the information required by divisions	1513
(B)(2) and (3) of this section, a statement filed by an employer	1514
shall show the total amount of expenditures made by the employer	1515
filing the statement during the period covered by the statement.	1516
As used in this section, "expenditures" does not include the	1517
expenses of maintaining office facilities or the compensation paid	1518
to legislative agents engaged by an employer.	1519

No employer is required to show any expenditure on a	1520
statement filed under this division if the expenditure is reported	1521
on a statement filed under division (B) of this section by a	1522
legislative agent engaged by the employer.	1523

(D) Any statement required to be filed under this section	1524
shall be filed at the times specified in section 101.72 of the	1525
Revised Code. Each statement shall cover expenditures made during	1526
the four-calendar-month period that ended on the last day of the	1527
month immediately preceding the month in which the statement is	1528
required to be filed.	1529

No portion of the amount of an expenditure for a dinner,	1530
party, or other function sponsored by an employer or legislative	1531
agent need be attributed to, or counted toward the amount for, a	1532
reporting period specified in division (B)(2) or (3) of this	1533
section if the sponsor has invited to the function all the members	1534
of either of the following:	1535

(1) The general assembly;

1536

(2) Either house of the general assembly.

1537

However, the amount spent for such function and its date and	1538
purpose shall be reported separately on the statement required to	1539
be filed under this section and the amount spent for the function	1540
shall be added with other expenditures for the purpose of	1541
determining the total amount of expenditures reported in the	1542
statement under division (B)(1) or (C) of this section.	1543

If it is impractical or impossible for a legislative agent or	1544
employer to determine exact dollar amounts or values of	1545
expenditures, reporting of good faith estimates, based upon	1546
reasonable accounting procedures, constitutes compliance with this	1547
section.	1548

(E) All legislative agents and employers shall retain	1549
receipts or maintain records for all expenditures that are	1550
required to be reported pursuant to this section. These receipts	1551
or records shall be maintained for a period ending on the	1552
thirty-first day of December of the second calendar year after the	1553
year in which the expenditure was made.	1554

(F)(1) An employer or legislative agent who is required to	1555
file an expenditure statement under division (B) or (C) of this	1556
section shall deliver a copy of the statement, or of the portion	1557
showing the expenditure, to the public officer or employee who is	1558
listed in the statement as having received the expenditure or on	1559
whose behalf it was made, at least ten days before the date on	1560
which the statement is filed.	1561

(2) If, during a reporting period covered by an expenditure	1562
statement filed under division (B)(2) of this section, an employer	1563
or any legislative agent he the employer engaged made, either	1564
separately or in combination with each other, either directly or	1565
indirectly, expenditures for transportation, lodging, or food and	1566
beverages purchased for consumption on the premises in which the	1567
food and beverages were sold to, at the request of, for the	1568
benefit of, or on behalf of any of the public officers or	1569
employees described in division (B)(2) of this section, the	1570
employer or legislative agent shall deliver to the public officer	1571
or employee a statement that contains all of the nondisputed	1572
information prescribed in division (B)(2)(a) through (e) of this	1573
section with respect to the expenditures described in division	1574
(F)(2) of this section. The statement of expenditures made under	1575
division (F)(2) of this section shall be delivered to the public	1576
officer or employee to whom, at whose request, for whose benefit,	1577
or on whose behalf those expenditures were made on the same day in	1578
which a copy of the expenditure statement or of a portion showing	1579
the expenditure is delivered to the public officer or employee	1580
under division (F)(1) of this section. An employer is not	1581
required to show any expenditure on a statement delivered under	1582
division (F)(2) of this section if the expenditure is shown on a	1583
statement delivered under division (F)(2) of this section by a	1584
legislative agent engaged by the employer.	1585

Sec. 102.02.  (A) Except as otherwise provided in division	1586
(H) of this section, every person who is elected to or is a	1587
candidate for a state, county, or city office, or the office of	1588
member of the United States congress, and every person who is	1589
appointed to fill a vacancy for an unexpired term in such an	1590
elective office; all members of the state board of education; the	1591
director, assistant directors, deputy directors, division chiefs,	1592
or persons of equivalent rank of any administrative department of	1593
the state; the president or other chief administrative officer of	1594
every state institution of higher education as defined in section	1595
3345.011 of the Revised Code; the chief executive officer of each	1596
state retirement system; all members of the board of commissioners	1597
on grievances and discipline of the supreme court and the ethics	1598
commission created under section 102.05 of the Revised Code; every	1599
business manager, treasurer, or superintendent of a city, local,	1600
exempted village, joint vocational, or cooperative education	1601
school district or an educational service center; every person who	1602
is elected to or is a candidate for the office of member of a	1603
board of education of a city, local, exempted village, joint	1604
vocational, or cooperative education school district or of a	1605
governing board of an educational service center that has a total	1606
student count of twelve thousand or more as most recently	1607
determined by the department of education pursuant to section	1608
3317.03 of the Revised Code; every person who is appointed to the	1609
board of education of a municipal school district pursuant to	1610
division (B) or (F) of section 3311.71 of the Revised Code; all	1611
members of the board of directors of a sanitary district	1612
established under Chapter 6115. of the Revised Code and organized	1613
wholly for the purpose of providing a water supply for domestic,	1614
municipal, and public use that includes two municipal corporations	1615
in two counties; every public official or employee who is paid a	1616
salary or wage in accordance with schedule C of section 124.15 or	1617
schedule E-2 of section 124.152 of the Revised Code; members of	1618
the board of trustees and the executive director of the tobacco	1619
use prevention and control foundation; members of the board of	1620
trustees and the executive director of the southern Ohio	1621
agricultural and community development foundation; members and the	1622
executive director of the biomedical research and technology	1623
transfer commission; and every other public official or employee	1624
who is designated by the appropriate ethics commission pursuant to	1625
division (B) of this section shall file with the appropriate	1626
ethics commission on a form prescribed by the commission, a	1627
statement disclosing all of the following:	1628

(1) The name of the person filing the statement and each	1629
member of the person's immediate family and all names under which	1630
the person or members of the person's immediate family do	1631
business;	1632

(2)(a) Subject to divisions (A)(2)(b) and (c) of this	1633
section and except as otherwise provided in section 102.022 of the	1634
Revised Code, identification of every source of income, other than	1635
income from a legislative agent identified in division (A)(2)(b)	1636
of this section, received during the preceding calendar year, in	1637
the person's own name or by any other person for the person's use	1638
or benefit, by the person filing the statement, and a brief	1639
description of the nature of the services for which the income was	1640
received. If the person filing the statement is a member of the	1641
general assembly, the statement shall identify the amount of every	1642
source of income received in accordance with the following ranges	1643
of amounts: zero or more, but less than one thousand dollars; one	1644
thousand dollars or more, but less than ten thousand dollars; ten	1645
thousand dollars or more, but less than twenty-five thousand	1646
dollars; twenty-five thousand dollars or more, but less than fifty	1647
thousand dollars; fifty thousand dollars or more, but less than	1648
one hundred thousand dollars; and one hundred thousand dollars or	1649
more. Division (A)(2)(a) of this section shall not be construed	1650
to require a person filing the statement who derives income from a	1651
business or profession to disclose the individual items of income	1652
that constitute the gross income of that business or profession,	1653
except for those individual items of income that are attributable	1654
to the person's or, if the income is shared with the person, the	1655
partner's, solicitation of services or goods or performance,	1656
arrangement, or facilitation of services or provision of goods on	1657
behalf of the business or profession of clients, including	1658
corporate clients, who are legislative agents as defined in	1659
section 101.70 of the Revised Code. A person who files the	1660
statement under this section shall disclose the identity of and	1661
the amount of income received from a person who the public	1662
official or employee knows or has reason to know is doing or	1663
seeking to do business of any kind with the public official's or	1664
employee's agency.	1665

(b) If the person filing the statement is a member of the	1666
general assembly, the statement shall identify every source of	1667
income and the amount of that income that was received from a	1668
legislative agent, as defined in section 101.70 of the Revised	1669
Code, during the preceding calendar year, in the person's own name	1670
or by any other person for the person's use or benefit, by the	1671
person filing the statement, and a brief description of the nature	1672
of the services for which the income was received. Division	1673
(A)(2)(b) of this section requires the disclosure of clients of	1674
attorneys or persons licensed under section 4732.12 of the Revised	1675
Code, or patients of persons certified under section 4731.14 of	1676
the Revised Code, if those clients or patients are legislative	1677
agents. Division (A)(2)(b) of this section requires a person	1678
filing the statement who derives income from a business or	1679
profession to disclose those individual items of income that	1680
constitute the gross income of that business or profession that	1681
are received from legislative agents.	1682

(c) Except as otherwise provided in division (A)(2)(c) of	1683
this section, division (A)(2)(a) of this section applies to	1684
attorneys, physicians, and other persons who engage in the	1685
practice of a profession and who, pursuant to a section of the	1686
Revised Code, the common law of this state, a code of ethics	1687
applicable to the profession, or otherwise, generally are required	1688
not to reveal, disclose, or use confidences of clients, patients,	1689
or other recipients of professional services except under	1690
specified circumstances or generally are required to maintain	1691
those types of confidences as privileged communications except	1692
under specified circumstances. Division (A)(2)(a) of this section	1693
does not require an attorney, physician, or other professional	1694
subject to a confidentiality requirement as described in division	1695
(A)(2)(c) of this section to disclose the name, other identity, or	1696
address of a client, patient, or other recipient of professional	1697
services if the disclosure would threaten the client, patient, or	1698
other recipient of professional services, would reveal details of	1699
the subject matter for which legal, medical, or professional	1700
advice or other services were sought, or would reveal an otherwise	1701
privileged communication involving the client, patient, or other	1702
recipient of professional services. Division (A)(2)(a) of this	1703
section does not require an attorney, physician, or other	1704
professional subject to a confidentiality requirement as described	1705
in division (A)(2)(c) of this section to disclose in the brief	1706
description of the nature of services required by division	1707
(A)(2)(a) of this section any information pertaining to specific	1708
professional services rendered for a client, patient, or other	1709
recipient of professional services that would reveal details of	1710
the subject matter for which legal, medical, or professional	1711
advice was sought or would reveal an otherwise privileged	1712
communication involving the client, patient, or other recipient of	1713
professional services.	1714

(3) The name of every corporation on file with the secretary	1715
of state that is incorporated in this state or holds a certificate	1716
of compliance authorizing it to do business in this state, trust,	1717
business trust, partnership, or association that transacts	1718
business in this state in which the person filing the statement or	1719
any other person for the person's use and benefit had during the	1720
preceding calendar year an investment of over one thousand dollars	1721
at fair market value as of the thirty-first day of December of the	1722
preceding calendar year, or the date of disposition, whichever is	1723
earlier, or in which the person holds any office or has a	1724
fiduciary relationship, and a description of the nature of the	1725
investment, office, or relationship. Division (A)(3) of this	1726
section does not require disclosure of the name of any bank,	1727
savings and loan association, credit union, or building and loan	1728
association with which the person filing the statement has a	1729
deposit or a withdrawable share account.	1730

(4) All fee simple and leasehold interests to which the	1731
person filing the statement holds legal title to or a beneficial	1732
interest in real property located within the state, excluding the	1733
person's residence and property used primarily for personal	1734
recreation;	1735

(5) The names of all persons residing or transacting	1736
business in the state to whom the person filing the statement	1737
owes, in the person's own name or in the name of any other person,	1738
more than one thousand dollars. Division (A)(5) of this section	1739
shall not be construed to require the disclosure of debts owed by	1740
the person resulting from the ordinary conduct of a business or	1741
profession or debts on the person's residence or real property	1742
used primarily for personal recreation, except that the	1743
superintendent of financial institutions shall disclose the names	1744
of all state-chartered savings and loan associations and of all	1745
service corporations subject to regulation under division (E)(2)	1746
of section 1151.34 of the Revised Code to whom the superintendent	1747
in the superintendent's own name or in the name of any other	1748
person owes any money, and that the superintendent and any deputy	1749
superintendent of banks shall disclose the names of all	1750
state-chartered banks and all bank subsidiary corporations subject	1751
to regulation under section 1109.44 of the Revised Code to whom	1752
the superintendent or deputy superintendent owes any money.	1753

(6) The names of all persons residing or transacting	1754
business in the state, other than a depository excluded under	1755
division (A)(3) of this section, who owe more than one thousand	1756
dollars to the person filing the statement, either in the person's	1757
own name or to any person for the person's use or benefit.	1758
Division (A)(6) of this section shall not be construed to require	1759
the disclosure of clients of attorneys or persons licensed under	1760
section 4732.12 or 4732.15 of the Revised Code, or patients of	1761
persons certified under section 4731.14 of the Revised Code, nor	1762
the disclosure of debts owed to the person resulting from the	1763
ordinary conduct of a business or profession.	1764

(7) Except as otherwise provided in section 102.022 of the	1765
Revised Code, the source of each gift of over seventy-five	1766
dollars, or of each gift of over twenty-five dollars received by a	1767
member of the general assembly from a legislative agent, received	1768
by the person in the person's own name or by any other person for	1769
the person's use or benefit during the preceding calendar year,	1770
except gifts received by will or by virtue of section 2105.06 of	1771
the Revised Code, or received from spouses, parents, grandparents,	1772
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1773
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1774
fathers-in-law, mothers-in-law, or any person to whom the person	1775
filing the statement stands in loco parentis, or received by way	1776
of distribution from any inter vivos or testamentary trust	1777
established by a spouse or by an ancestor;	1778

(8) Except as otherwise provided in section 102.022 of the	1779
Revised Code, identification of the source and amount of every	1780
payment of expenses incurred for travel to destinations inside or	1781
outside this state that is received by the person in the person's	1782
own name or by any other person for the person's use or benefit	1783
and that is incurred in connection with the person's official	1784
duties, except for expenses for travel to meetings or conventions	1785
of a national or state organization to which either house of the	1786
general assembly, any legislative agency, a any state agency or	1787
any state institution of higher education as defined in section	1788
3345.031 of the Revised Code, any other state agency pays	1789
membership dues, or any political subdivision or any office or	1790
agency of a political subdivision pays membership dues;	1791

(9) Except as otherwise provided in section 102.022 of the	1792
Revised Code, identification of the source of payment of expenses	1793
for meals and other food and beverages, other than for meals and	1794
other food and beverages provided at a meeting at which the person	1795
participated in a panel, seminar, or speaking engagement or at a	1796
meeting or convention of a national or state organization to which	1797
either house of the general assembly, any legislative agency, a	1798
any state agency or any state institution of higher education as	1799
defined in section 3345.031 of the Revised Code, any other state	1800
agency pays membership dues, or any political subdivision or any	1801
office or agency of a political subdivision pays membership dues,	1802
that are incurred in connection with the person's official duties	1803
and that exceed one hundred dollars aggregated per calendar year;	1804

(10) If the financial disclosure statement is filed by a	1805
public official or employee described in division (B)(2) of	1806
section 101.73 of the Revised Code or division (B)(2) of section	1807
121.63 of the Revised Code who receives a statement from a	1808
legislative agent, executive agency lobbyist, or employer that	1809
contains the information described in division (F)(2) of section	1810
101.73 of the Revised Code or division (G)(2) of section 121.63 of	1811
the Revised Code, all of the nondisputed information contained in	1812
the statement delivered to that public official or employee by the	1813
legislative agent, executive agency lobbyist, or employer under	1814
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1815
the Revised Code. As used in division (A)(10) of this section,	1816
"legislative agent," "executive agency lobbyist," and "employer"	1817
have the same meanings as in sections 101.70 and 121.60 of the	1818
Revised Code.	1819

A person may file a statement required by this section in	1820
person or by mail. A person who is a candidate for elective	1821
office shall file the statement no later than the thirtieth day	1822
before the primary, special, or general election at which the	1823
candidacy is to be voted on, whichever election occurs soonest,	1824
except that a person who is a write-in candidate shall file the	1825
statement no later than the twentieth day before the earliest	1826
election at which the person's candidacy is to be voted on. A	1827
person who holds elective office shall file the statement on or	1828
before the fifteenth day of April of each year unless the person	1829
is a candidate for office. A person who is appointed to fill a	1830
vacancy for an unexpired term in an elective office shall file the	1831
statement within fifteen days after the person qualifies for	1832
office. Other persons shall file an annual statement on or before	1833
the fifteenth day of April or, if appointed or employed after that	1834
date, within ninety days after appointment or employment. No	1835
person shall be required to file with the appropriate ethics	1836
commission more than one statement or pay more than one filing fee	1837
for any one calendar year.	1838

The appropriate ethics commission, for good cause, may extend	1839
for a reasonable time the deadline for filing a disclosure	1840
statement under this section.	1841

A statement filed under this section is subject to public	1842
inspection at locations designated by the appropriate ethics	1843
commission except as otherwise provided in this section.	1844

(B) The Ohio ethics commission, the joint legislative ethics	1845
committee, and the board of commissioners on grievances and	1846
discipline of the supreme court, using the rule-making procedures	1847
of Chapter 119. of the Revised Code, may require any class of	1848
public officials or employees under its jurisdiction and not	1849
specifically excluded by this section whose positions involve a	1850
substantial and material exercise of administrative discretion in	1851
the formulation of public policy, expenditure of public funds,	1852
enforcement of laws and rules of the state or a county or city, or	1853
the execution of other public trusts, to file an annual statement	1854
on or before the fifteenth day of April under division (A) of this	1855
section. The appropriate ethics commission shall send the public	1856
officials or employees written notice of the requirement by the	1857
fifteenth day of February of each year the filing is required	1858
unless the public official or employee is appointed after that	1859
date, in which case the notice shall be sent within thirty days	1860
after appointment, and the filing shall be made not later than	1861
ninety days after appointment.	1862

Except for disclosure statements filed by members of the	1863
board of trustees and the executive director of the tobacco use	1864
prevention and control foundation, members of the board of	1865
trustees and the executive director of the southern Ohio	1866
agricultural and community development foundation, and members and	1867
the executive director of the biomedical research and technology	1868
transfer commission, disclosure statements filed under this	1869
division with the Ohio ethics commission by members of boards,	1870
commissions, or bureaus of the state for which no compensation is	1871
received other than reasonable and necessary expenses shall be	1872
kept confidential. Disclosure statements filed with the Ohio	1873
ethics commission under division (A) of this section by business	1874
managers, treasurers, and superintendents of city, local, exempted	1875
village, joint vocational, or cooperative education school	1876
districts or educational service centers shall be kept	1877
confidential, except that any person conducting an audit of any	1878
such school district or educational service center pursuant to	1879
section 115.56 or Chapter 117. of the Revised Code may examine the	1880
disclosure statement of any business manager, treasurer, or	1881
superintendent of that school district or educational service	1882
center. The Ohio ethics commission shall examine each disclosure	1883
statement required to be kept confidential to determine whether a	1884
potential conflict of interest exists for the person who filed the	1885
disclosure statement. A potential conflict of interest exists if	1886
the private interests of the person, as indicated by the person's	1887
disclosure statement, might interfere with the public interests	1888
the person is required to serve in the exercise of the person's	1889
authority and duties in the person's office or position of	1890
employment. If the commission determines that a potential	1891
conflict of interest exists, it shall notify the person who filed	1892
the disclosure statement and shall make the portions of the	1893
disclosure statement that indicate a potential conflict of	1894
interest subject to public inspection in the same manner as is	1895
provided for other disclosure statements. Any portion of the	1896
disclosure statement that the commission determines does not	1897
indicate a potential conflict of interest shall be kept	1898
confidential by the commission and shall not be made subject to	1899
public inspection, except as is necessary for the enforcement of	1900
Chapters 102. and 2921. of the Revised Code and except as	1901
otherwise provided in this division.	1902

(C) No person shall knowingly fail to file, on or before the	1903
applicable filing deadline established under this section, a	1904
statement that is required by this section.	1905

(D) No person shall knowingly file a false statement that is	1906
required to be filed under this section.	1907

(E)(1) Except as provided in divisions (E)(2) and (3) of	1908
this section, on and after March 2, 1994, the statement required	1909
by division (A) or (B) of this section shall be accompanied by a	1910
filing fee of twenty-five dollars.	1911

(2) The statement required by division (A) of this section	1912
shall be accompanied by a filing fee to be paid by the person who	1913
is elected or appointed to, or is a candidate for, any of the	1914
following offices:	1915

(3) No judge of a court of record or candidate for judge of	1940
such a court of record, and no referee or magistrate serving a	1941
court of record, shall be required to pay the fee required under	1942
division (E)(1) or (2) or (F) of this section.	1943

(4) For any public official who is appointed to a	1944
nonelective office of the state and for any employee who holds a	1945
nonelective position in a public agency of the state, the state	1946
agency that is the primary employer of the state official or	1947
employee shall pay the fee required under division (E)(1) or (F)	1948
of this section.	1949

(F) If a statement required to be filed under this section	1950
is not filed by the date on which it is required to be filed, the	1951
appropriate ethics commission shall assess the person required to	1952
file the statement a late filing fee equal to one-half of the	1953
applicable filing fee for each day the statement is not filed,	1954
except that the total amount of the late filing fee shall not	1955
exceed one hundred dollars.	1956

(G)(1) The appropriate ethics commission other than the Ohio	1957
ethics commission shall deposit all fees it receives under	1958
divisions (E) and (F) of this section into the general revenue	1959
fund of the state.	1960

(2) The Ohio ethics commission shall deposit all receipts,	1961
including, but not limited to, fees it receives under divisions	1962
(E) and (F) of this section and all moneys it receives from	1963
settlements under division (G) of section 102.06 of the Revised	1964
Code, into the Ohio ethics commission fund, which is hereby	1965
created in the state treasury. All moneys credited to the fund	1966
shall be used solely for expenses related to the operation and	1967
statutory functions of the commission.	1968

(H) Division (A) of this section does not apply to a person	1969
elected or appointed to the office of precinct, ward, or district	1970
committee member under Chapter 3517. of the Revised Code; a	1971
presidential elector; a delegate to a national convention; village	1972
or township officials and employees; any physician or psychiatrist	1973
who is paid a salary or wage in accordance with schedule C of	1974
section 124.15 or schedule E-2 of section 124.152 of the Revised	1975
Code and whose primary duties do not require the exercise of	1976
administrative discretion; or any member of a board, commission,	1977
or bureau of any county or city who receives less than one	1978
thousand dollars per year for serving in that position.	1979

Sec. 102.03.  (A)(1) No present or former public official or	1980
employee shall, during public employment or service or for twelve	1981
months thereafter, represent a client or act in a representative	1982
capacity for any person on any matter in which the public official	1983
or employee personally participated as a public official or	1984
employee through decision, approval, disapproval, recommendation,	1985
the rendering of advice, investigation, or other substantial	1986
exercise of administrative discretion.	1987

(2) For twenty-four months after the conclusion of service,	1988
no former commissioner or attorney examiner of the public	1989
utilities commission shall represent a public utility, as defined	1990
in section 4905.02 of the Revised Code, or act in a representative	1991
capacity on behalf of such a utility before any state board,	1992
commission, or agency.	1993

(3) For twenty-four months after the conclusion of	1994
employment or service, no former public official or employee who	1995
personally participated as a public official or employee through	1996
decision, approval, disapproval, recommendation, the rendering of	1997
advice, the development or adoption of solid waste management	1998
plans, investigation, inspection, or other substantial exercise of	1999
administrative discretion under Chapter 343. or 3734. of the	2000
Revised Code shall represent a person who is the owner or operator	2001
of a facility, as defined in section 3734.01 of the Revised Code,	2002
or who is an applicant for a permit or license for a facility	2003
under that chapter, on any matter in which the public official or	2004
employee personally participated as a public official or employee.	2005

(4) For a period of one year after the conclusion of	2006
employment or service as a member or employee of the general	2007
assembly, no former member or employee of the general assembly	2008
shall represent, or act in a representative capacity for, any	2009
person on any matter before the general assembly, any committee of	2010
the general assembly, or the controlling board. Division (A)(4)	2011
of this section does not apply to or affect a person who separates	2012
from service with the general assembly on or before December 31,	2013
1995. As used in division (A)(4) of this section "person" does	2014
not include any state agency or political subdivision of the	2015
state.	2016

(5) As used in divisions (A)(1), (2), and (3) of this	2017
section, "matter" includes any case, proceeding, application,	2018
determination, issue, or question, but does not include the	2019
proposal, consideration, or enactment of statutes, rules,	2020
ordinances, resolutions, or charter or constitutional amendments.	2021
As used in division (A)(4) of this section, "matter" includes the	2022
proposal, consideration, or enactment of statutes, resolutions, or	2023
constitutional amendments. As used in division (A) of this	2024
section, "represent" includes any formal or informal appearance	2025
before, or any written or oral communication with, any public	2026
agency on behalf of any person.	2027

(6) Nothing contained in division (A) of this section shall	2028
prohibit, during such period, a former public official or employee	2029
from being retained or employed to represent, assist, or act in a	2030
representative capacity for the public agency by which the public	2031
official or employee was employed or on which the public official	2032
or employee served.	2033

(7) Division (A) of this section shall not be construed to	2034
prohibit the performance of ministerial functions, including, but	2035
not limited to, the filing or amendment of tax returns,	2036
applications for permits and licenses, incorporation papers, and	2037
other similar documents.	2038

(B) No present or former public official or employee shall	2039
disclose or use, without appropriate authorization, any	2040
information acquired by the public official or employee in the	2041
course of the public official's or employee's official duties that	2042
is confidential because of statutory provisions, or that has been	2043
clearly designated to the public official or employee as	2044
confidential when that confidential designation is warranted	2045
because of the status of the proceedings or the circumstances	2046
under which the information was received and preserving its	2047
confidentiality is necessary to the proper conduct of government	2048
business.	2049

(C) No public official or employee shall participate within	2050
the scope of duties as a public official or employee, except	2051
through ministerial functions as defined in division (A) of this	2052
section, in any license or rate-making proceeding that directly	2053
affects the license or rates of any person, partnership, trust,	2054
business trust, corporation, or association in which the public	2055
official or employee or immediate family owns or controls more	2056
than five per cent. No public official or employee shall	2057
participate within the scope of duties as a public official or	2058
employee, except through ministerial functions as defined in	2059
division (A) of this section, in any license or rate-making	2060
proceeding that directly affects the license or rates of any	2061
person to whom the public official or employee or immediate	2062
family, or a partnership, trust, business trust, corporation, or	2063
association of which the public official or employee or the public	2064
official's or employee's immediate family owns or controls more	2065
than five per cent, has sold goods or services totaling more than	2066
one thousand dollars during the preceding year, unless the public	2067
official or employee has filed a written statement acknowledging	2068
that sale with the clerk or secretary of the public agency and the	2069
statement is entered in any public record of the agency's	2070
proceedings. This division shall not be construed to require the	2071
disclosure of clients of attorneys or persons licensed under	2072
section 4732.12 or 4732.15 of the Revised Code, or patients of	2073
persons certified under section 4731.14 of the Revised Code.	2074

(D) No public official or employee shall use or authorize	2075
the use of the authority or influence of office or employment to	2076
secure anything of value or the promise or offer of anything of	2077
value that is of such a character as to manifest a substantial and	2078
improper influence upon the public official or employee with	2079
respect to that person's duties.	2080

(E) No public official or employee shall solicit or accept	2081
anything of value that is of such a character as to manifest a	2082
substantial and improper influence upon the public official or	2083
employee with respect to that person's duties.	2084

(F) No person shall promise or give to a public official or	2085
employee anything of value that is of such a character as to	2086
manifest a substantial and improper influence upon the public	2087
official or employee with respect to that person's duties.	2088

(G) In the absence of bribery or another offense under the	2089
Revised Code or a purpose to defraud, contributions made to a	2090
campaign committee, political party, legislative campaign fund,	2091
political action committee, or political contributing entity on	2092
behalf of an elected public officer or other public official or	2093
employee who seeks elective office shall be considered to accrue	2094
ordinarily to the public official or employee for the purposes of	2095
divisions (D), (E), and (F) of this section.	2096

As used in this division, "contributions," "campaign	2097
committee," "political party," "legislative campaign fund,"	2098
"political action committee," and "political contributing entity"	2099
have the same meanings as in section 3517.01 of the Revised Code.	2100

(H) No public official or employee, except for the president	2101
or other chief administrative officer of or a member of a board of	2102
trustees of a state institution of higher education as defined in	2103
section 3345.011 of the Revised Code, who is required to file a	2104
financial disclosure statement under section 102.02 of the Revised	2105
Code shall solicit or accept, and no person shall give to that	2106
public official or employee, an honorarium. This division and	2107
divisions (D), (E), and (F) of this section do not prohibit a	2108
public official or employee who is required to file a financial	2109
disclosure statement under section 102.02 of the Revised Code from	2110
accepting and do not prohibit a person from giving to that public	2111
official or employee the payment of actual travel expenses,	2112
including any expenses incurred in connection with the travel for	2113
lodging, and meals, food, and beverages provided to the public	2114
official or employee at a meeting at which the public official or	2115
employee participates in a panel, seminar, or speaking engagement	2116
or provided to the public official or employee at a meeting or	2117
convention of a national organization to which either house of the	2118
general assembly, any legislative agency, or any other state	2119
agency or any state institution of higher education as defined in	2120
section 3345.031 of the Revised Code pays membership dues. This	2121
division and divisions (D), (E), and (F) of this section do not	2122
prohibit a public official or employee who is not required to file	2123
a financial disclosure statement under section 102.02 of the	2124
Revised Code from accepting and do not prohibit a person from	2125
promising or giving to that public official or employee an	2126
honorarium or the payment of travel, meal, and lodging expenses if	2127
the honorarium, expenses, or both were paid in recognition of	2128
demonstrable business, professional, or esthetic interests of the	2129
public official or employee that exist apart from public office or	2130
employment, including, but not limited to, such a demonstrable	2131
interest in public speaking and were not paid by any person or	2132
other entity, or by any representative or association of those	2133
persons or entities, that is regulated by, doing business with, or	2134
seeking to do business with the department, division, institution,	2135
board, commission, authority, bureau, or other instrumentality of	2136
the governmental entity with which the public official or employee	2137
serves.	2138

(I) A public official or employee may accept travel, meals,	2139
and lodging or expenses or reimbursement of expenses for travel,	2140
meals, and lodging in connection with conferences, seminars, and	2141
similar events related to official duties if the travel, meals,	2142
and lodging, expenses, or reimbursement is not of such a character	2143
as to manifest a substantial and improper influence upon the	2144
public official or employee with respect to that person's duties.	2145
The house of representatives and senate, in their code of ethics,	2146
and the Ohio ethics commission, under section 111.15 of the	2147
Revised Code, may adopt rules setting standards and conditions for	2148
the furnishing and acceptance of such travel, meals, and lodging,	2149
expenses, or reimbursement.	2150

A person who acts in compliance with this division and any	2151
applicable rules adopted under it, or any applicable, similar	2152
rules adopted by the supreme court governing judicial officers and	2153
employees, does not violate division (D), (E), or (F) of this	2154
section. This division does not preclude any person from seeking	2155
an advisory opinion from the appropriate ethics commission under	2156
section 102.08 of the Revised Code.	2157

(J) For purposes of divisions (D), (E), and (F) of this	2158
section, the membership of a public official or employee in an	2159
organization shall not be considered, in and of itself, to be of	2160
such a character as to manifest a substantial and improper	2161
influence on the public official or employee with respect to that	2162
person's duties. As used in this division, "organization" means a	2163
church or a religious, benevolent, fraternal, or professional	2164
organization that is tax exempt under subsection 501(a) and	2165
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	2166
"Internal Revenue Code of 1986." This division does not apply to	2167
a public official or employee who is an employee of an	2168
organization, serves as a trustee, director, or officer of an	2169
organization, or otherwise holds a fiduciary relationship with an	2170
organization. This division does not allow a public official or	2171
employee who is a member of an organization to participate,	2172
formally or informally, in deliberations, discussions, or voting	2173
on a matter or to use his official position with regard to the	2174
interests of the organization on the matter if the public official	2175
or employee has assumed a particular responsibility in the	2176
organization with respect to the matter or if the matter would	2177
affect that person's personal, pecuniary interests.	2178

(K) It is not a violation of this section for a prosecuting	2179
attorney to appoint assistants and employees in accordance with	2180
division (B) of section 309.06 and section 2921.421 of the Revised	2181
Code, for a chief legal officer of a municipal corporation or an	2182
official designated as prosecutor in a municipal corporation to	2183
appoint assistants and employees in accordance with sections	2184
733.621 and 2921.421 of the Revised Code, for a township law	2185
director appointed under section 504.15 of the Revised Code to	2186
appoint assistants and employees in accordance with sections	2187
504.151 and 2921.421 of the Revised Code, or for a coroner to	2188
appoint assistants and employees in accordance with division (B)	2189
of section 313.05 of the Revised Code.	2190

As used in this division, "chief legal officer" has the same	2191
meaning as in section 733.621 of the Revised Code.	2192

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

2193

(1) "Actively advocating," "employer," "financial	2194
transaction," "legislation," and "legislative agent" have the same	2195
meanings as in section 101.70 of the Revised Code.	2196

(2) "Business associate" means a person with whom a member	2197
of the general assembly is conducting or undertaking a financial	2198
transaction.	2199

(3) "Contribution" has the same meaning as in section	2200
3517.01 of the Revised Code.	2201

(4) "Employee" does not include a member of the general	2202
assembly whose nonlegislative position of employment does not	2203
involve the performance of or the authority to perform	2204
administrative or supervisory functions; or whose nonlegislative	2205
position of employment, if he the member is a public employee,	2206
does not involve a substantial and material exercise of	2207
administrative discretion in the formulation of public policy,	2208
expenditure of public funds, enforcement of laws and rules of the	2209
state or a county or city, or execution of other public trusts.	2210

(B) No member of the general assembly shall vote on any	2211
legislation that he the member knows is then being actively	2212
advocated if he the member is one of the following with respect to	2213
a legislative agent or employer that is then actively advocating	2214
on that legislation:	2215

(1) An employee;

2216

(2) A business associate;

2217

(3) A person, other than an employee, who is hired under	2218
contract to perform certain services and such position involves a	2219
substantial and material exercise of administrative discretion in	2220
the formulation of public policy.	2221

(C) No member of the general assembly shall knowingly accept	2222
any of the following from a legislative agent:	2223

(1) The payment of any expenses for travel or lodging except	2224
as otherwise authorized by division (H) of section 102.03 of the	2225
Revised Code;	2226

(2) More than seventy-five dollars aggregated per calendar	2227
year as payment for meals and other food and beverages, other than	2228
for those meals and other food and beverages provided to the	2229
member at a meeting at which the member participates in a panel,	2230
seminar, or speaking engagement, at a meeting or convention of a	2231
national organization to which either house of the general	2232
assembly, any legislative agency, or any other state agency or any	2233
state institution of higher education as defined in section	2234
3345.031 of the Revised Code pays membership dues, or at a dinner,	2235
party, or function to which all members of the general assembly or	2236
all members of either house of the general assembly are invited;	2237

(3) A gift of any amount in the form of cash or the	2238
equivalent of cash, or a gift of any other thing of value whose	2239
value exceeds seventy-five dollars. As used in division (C)(3) of	2240
this section, "gift" does not include any contribution or any	2241
gifts of meals and other food and beverages or the payment of	2242
expenses incurred for travel to destinations either inside or	2243
outside this state that is received by the member of the general	2244
assembly and that is incurred in connection with the member's	2245
official duties.	2246

(D) It is not a violation of division (C)(2) of this section	2247
if, within sixty days after receiving notice from a legislative	2248
agent that the legislative agent has provided a member of the	2249
general assembly with more than seventy-five dollars aggregated in	2250
a calendar year as payment for meals and other food and beverages,	2251
the member of the general assembly returns to that legislative	2252
agent the amount received that exceeds seventy-five dollars.	2253

(E) The joint legislative ethics committee may impose a fine	2254
of not more than one thousand dollars upon a member of the general	2255
assembly who violates division (B) of this section.	2256

Sec. 102.06.  (A) The appropriate ethics commission shall	2257
receive and may initiate complaints against persons subject to	2258
Chapter 102. of the Revised Code concerning conduct alleged to be	2259
in violation of this chapter or section 2921.42 or 2921.43 of the	2260
Revised Code. All complaints except those by the commission shall	2261
be by affidavit made on personal knowledge, subject to the	2262
penalties of perjury. Complaints by the commission shall be by	2263
affidavit, based upon reasonable cause to believe that a violation	2264
has occurred.	2265

(B) The commission shall investigate complaints, may	2266
investigate charges presented to it, and may request further	2267
information, including the specific amount of income from a	2268
source, from any person filing with the commission a statement	2269
required by section 102.02 of the Revised Code, if the information	2270
sought is directly relevant to a complaint or charges received by	2271
the commission pursuant to this section. This information is	2272
confidential, except that the commission, at its discretion, may	2273
share information gathered in the course of any investigation	2274
with, or disclose the information to, any appropriate prosecuting	2275
authority, any law enforcement agency, or any other appropriate	2276
ethics commission. The person so requested shall furnish the	2277
information to the commission, unless within fifteen days from the	2278
date of the request the person files an action for declaratory	2279
judgment challenging the legitimacy of the request in the court of	2280
common pleas of the county of his the person's residence, his the	2281
person's place of employment, or Franklin county. The requested	2282
information need not be furnished to the commission during the	2283
pendency of the judicial proceedings. Proceedings of the	2284
commission in connection with the declaratory judgment action	2285
shall be kept confidential except as otherwise provided by this	2286
section. Before the commission proceeds to take any formal action	2287
against a person who is the subject of an investigation based on	2288
charges presented to the commission, a complaint shall be filed	2289
against the person. If the commission finds that a complaint is	2290
not frivolous, and there is reasonable cause to believe that the	2291
facts alleged in a complaint constitute a violation of section	2292
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised	2293
Code, it shall hold a hearing. If the commission does not so	2294
find, it shall dismiss the complaint and notify the accused person	2295
in writing of the dismissal of the complaint. The commission	2296
shall not make a report of its finding unless the accused person	2297
requests a report. Upon the request of the accused person, the	2298
commission shall make a public report of its finding. The person	2299
against whom the complaint is directed shall be given reasonable	2300
notice by certified mail of the date, time, and place of the	2301
hearing and a statement of the charges and the law directly	2302
involved and shall be given the opportunity to be represented by	2303
counsel, to have counsel appointed for him the person if he the	2304
person is unable to afford counsel without undue hardship, to	2305
examine the evidence against him the person, to produce evidence	2306
and to call and subpoena witnesses in his the person's defense, to	2307
confront his the person's accusers, and to cross-examine	2308
witnesses. The commission shall have a stenographic record made	2309
of the hearing. The hearing shall be closed to the public.	2310

(C)(1)(a) If upon the basis of the hearing, the commission	2311
finds by a preponderance of the evidence that the facts alleged in	2312
the complaint are true and constitute a violation of section	2313
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised	2314
Code, it shall report its findings to the appropriate prosecuting	2315
authority for proceedings in prosecution of the violation and to	2316
the appointing or employing authority of the accused.	2317

(b) If the Ohio ethics commission reports its findings to	2318
the appropriate prosecuting authority under division (C)(1)(a) of	2319
this section and the prosecuting authority has not initiated any	2320
official action on those findings within ninety days after	2321
receiving the commission's report of them, then the commission may	2322
publicly comment that no official action has been taken on its	2323
findings, except that the commission shall make no comment in	2324
violation of the Rules of Criminal Procedure or about any	2325
indictment that has been sealed pursuant to any law or those	2326
rules. The commission shall make no comment regarding the merits	2327
of its findings. As used in division (C)(1)(b) of this section,	2328
"official action" means prosecution, closure after investigation,	2329
or grand jury action resulting in a true bill of indictment or no	2330
true bill of indictment.	2331

(2) If the appropriate ethics commission does not find by a	2332
preponderance of the evidence that the facts alleged in the	2333
complaint are true and constitute a violation of section 102.02,	2334
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code or	2335
if the commission has not scheduled a hearing within ninety days	2336
after the complaint is filed or has not finally disposed of the	2337
complaint within six months after it has been heard, it shall	2338
dismiss the complaint and notify the accused person in writing of	2339
the dismissal of the complaint. The commission shall not make a	2340
report of its finding unless the accused person requests a report.	2341
Upon the request of the accused person, the commission shall make	2342
a public report of the finding, but in this case all evidence and	2343
the record of the hearing shall remain confidential unless the	2344
accused person also requests that the evidence and record be made	2345
public. Upon request by the accused person, the commission shall	2346
make the evidence and the record available for public inspection.	2347

(D) The commission, or a member of the commission, may	2348
administer oaths, and the commission may issue subpoenas to any	2349
person in the state compelling the attendance of witnesses and the	2350
production of relevant papers, books, accounts, and records. The	2351
commission shall issue subpoenas to compel the attendance of	2352
witnesses and the production of documents upon the request of an	2353
accused person. Section 101.42 of the Revised Code shall govern	2354
the issuance of these subpoenas insofar as applicable. Upon the	2355
refusal of any person to obey a subpoena or to be sworn or to	2356
answer as a witness, the commission may apply to the court of	2357
common pleas of Franklin county under section 2705.03 of the	2358
Revised Code. The court shall hold proceedings in accordance with	2359
Chapter 2705. of the Revised Code. The commission or the accused	2360
person may take the depositions of witnesses residing within or	2361
without the state in the same manner as prescribed by law for the	2362
taking of depositions in civil actions in the court of common	2363
pleas.	2364

(E) At least once each year, the Ohio ethics commission	2365
shall report on its activities of the immediately preceding year	2366
to the majority and minority leaders of the senate and house of	2367
representatives of the general assembly. The report shall	2368
indicate the total number of complaints received, initiated, and	2369
investigated by the commission, the total number of complaints for	2370
which formal hearings were held, and the total number of	2371
complaints for which formal prosecution was recommended or	2372
requested by the commission. The report also shall indicate the	2373
nature of the inappropriate conduct alleged in each complaint and	2374
the governmental entity with which any employee or official that	2375
is the subject of a complaint was employed at the time of the	2376
alleged inappropriate conduct.	2377

(F) All papers, records, affidavits, and documents upon any	2378
complaint, inquiry, or investigation relating to the proceedings	2379
of the appropriate commission shall be sealed and are private and	2380
confidential, except as otherwise provided in this section and	2381
section 102.07 of the Revised Code.	2382

(G)(1) When a complaint or charge is before it, the Ohio	2383
ethics commission or the appropriate prosecuting authority, in	2384
consultation with the person filing the complaint or charge, the	2385
accused, and any other person the commission or prosecuting	2386
authority considers necessary, may compromise or settle the	2387
complaint or charge with the agreement of the accused. The	2388
compromise or settlement may include mediation, restitution,	2389
rescission of affected contracts, forfeiture of any benefits	2390
resulting from a violation or potential violation of law,	2391
resignation of a public official or employee, or any other relief	2392
that is agreed upon between the commission or prosecuting	2393
authority and the accused.	2394

(2) Any settlement agreement entered into under division	2395
(G)(1) of this section shall be in writing and be accompanied by a	2396
statement of the findings of the commission or prosecuting	2397
authority and the reasons for entering into the agreement. The	2398
commission or prosecuting authority shall retain the agreement and	2399
statement in its the commission's or his prosecuting attorney's	2400
office and, in its the commission's or his prosecuting authority's	2401
discretion, may make the agreement, the statement, and any	2402
supporting information public, unless the agreement provides	2403
otherwise.	2404

(3) If a settlement agreement is breached by the accused,	2405
the commission or prosecuting authority, in its the commission's	2406
or his prosecuting authority's discretion, may rescind the	2407
agreement and reinstitute any investigation, hearing, or	2408
prosecution of the accused. No information obtained from the	2409
accused in reaching the settlement that is not otherwise	2410
discoverable from the accused shall be used in any proceeding	2411
before the commission or by the appropriate prosecuting authority	2412
in prosecuting the violation. Notwithstanding any other section of	2413
the Revised Code, if a settlement agreement is breached, any	2414
statute of limitations for a violation of this chapter or section	2415
2921.42 or 2921.43 of the Revised Code is tolled from the date the	2416
complaint or charge is filed until the date the settlement	2417
agreement is breached.	2418

Sec. 103.143.  In addition to its duties under section 103.14	2419
of the Revised Code, the legislative budget office of the	2420
legislative service commission shall, in accordance with this	2421
section, review all bills assigned to a committee of the general	2422
assembly, complete the appropriate local impact statements	2423
required by this section, and compile and distribute these	2424
statements as required by division (D) of this section.	2425

(A) Subject to division (F) of this section, whenever any	2426
bill is introduced into either house of the general assembly and	2427
receives second consideration pursuant to the rules of that house,	2428
the bill shall be reviewed immediately by the legislative budget	2429
officer. Upon completing this review, the legislative budget	2430
officer shall determine whether the bill could result in a net	2431
additional cost to school districts, counties, townships, or	2432
municipal corporations from any new or expanded program or service	2433
that school districts, counties, townships, or municipal	2434
corporations would be required to perform or administer under the	2435
bill. If the legislative budget officer determines that it could	2436
result in such a cost, the legislative budget office service	2437
commission shall prepare a local impact statement in the manner	2438
specified in this section. Immediately upon determining the	2439
potential for a net additional cost, the legislative budget	2440
officer shall notify the sponsor of the bill, the chairperson of	2441
the committee to which the bill has been assigned, and the	2442
presiding officer and minority leader of the house in which the	2443
bill originates of the legislative budget officer's determination	2444
by signing and dating a statement to be delivered to them.	2445

If a local impact statement is required, the legislative	2446
budget office service commission shall, as soon as possible but no	2447
later than thirty days after the date the bill is scheduled for a	2448
first hearing in a committee in the house in which the bill was	2449
introduced or no later than thirty days after being requested to	2450
do so by the chairperson of such a committee, prepare a statement	2451
containing the most accurate estimate possible, in dollars, of the	2452
net additional costs, if any, that will be required of school	2453
districts, counties, townships, or municipal corporations to	2454
perform or administer a new or expanded program or service	2455
required under the bill. Copies of this statement shall be sent	2456
to the governor, the speaker of the house of representatives, the	2457
president of the senate, the sponsor of the bill, the minority	2458
leader in both houses, and the chairperson of the committee to	2459
which the bill has been assigned.	2460

No bill for which a local impact statement is required by	2461
this section shall be voted out of committee until after the	2462
committee members have received and considered the statement or,	2463
if the bill was amended in committee, the revised statement,	2464
unless the bill is voted out of committee by a two-thirds vote of	2465
the membership of the committee.	2466

(B) In preparing a local impact statement, the legislative	2467
budget office service commission may request any department,	2468
division, institution, board, commission, authority, bureau, or	2469
other instrumentality or officer of the state, a school district,	2470
a county, a municipal corporation, or a township to provide any of	2471
the following information:	2472

(1) An estimate, in dollars, of the amount by which the bill	2473
would increase or decrease the revenues received or expenditures	2474
made by the instrumentality, officer, or entity;	2475

(2) Any other information the legislative budget office	2476
service commission considers necessary for it to understand or	2477
explain the fiscal effect of the bill.	2478

An instrumentality, officer, or entity shall comply with a	2479
request as soon as reasonably possible, but not later than fifteen	2480
days, after receiving it. The legislative budget office service	2481
commission shall specify the manner of compliance in its request,	2482
and if necessary may specify a period of time longer than fifteen	2483
days for compliance. The legislative budget office service	2484
commission may consider any information provided under division	2485
(B)(1) or (2) of this section in preparing a local impact	2486
statement.	2487

(C) Any time a bill is amended, the legislative budget	2488
office service commission shall, as soon as reasonably possible,	2489
revise the local impact statement to reflect changes made by	2490
amendment.	2491

(D) The legislative budget office service commission shall	2492
annually compile the final local impact statements completed for	2493
all laws passed by both houses of the general assembly in the	2494
preceding year. It shall send a copy of this compilation as a	2495
draft report to the state and local government commission and to	2496
associations or nonprofit organizations formed for the improvement	2497
of school districts or municipal, township, or county government	2498
or for their elected officials by the last day of July of each	2499
year. Upon receiving the draft report, the state and local	2500
government commission shall solicit comments from these	2501
associations and organizations may comment about the actual fiscal	2502
impact of bills passed during the year covered by the report. The	2503
commission shall review and comment on the draft report before	2504
returning it to the legislative budget office, along with the and	2505
forward those comments of the associations and organizations, to	2506
the legislative service commission by the last day of August. The	2507
legislative budget office service commission shall then prepare a	2508
final report consisting of the compiled local impact statements	2509
and all forwarded comments returned by the state and local	2510
government commission. The final report shall be completed by the	2511
last day of September and copies of the report shall be sent to	2512
the governor, the speaker of the house of representatives, and the	2513
president of the senate.	2514

(E) As used in this section, "net additional cost" means any	2515
cost incurred or anticipated to be incurred by a school district,	2516
county, township, or municipal corporation in performing or	2517
administering a new or expanded program or service required by a	2518
state law other than any of the following:	2519

(1) A cost arising from the exercise of authority granted by	2520
a state law rather than from the performance of a duty or	2521
obligation imposed by a state law;	2522

(2) New duties or obligations that create only a minimal	2523
cost for affected school districts, counties, townships, or	2524
municipal corporations. The legislative budget office service	2525
commission shall determine what constitutes such a minimal cost.	2526
Before making this determination, the legislative budget office	2527
service commission shall notify the state organizations that	2528
represent school districts, counties, townships, and municipal	2529
corporations regarding the proposed determination and provide a	2530
thirty-day period for these organizations and individual school	2531
districts, counties, townships, and municipal corporations to	2532
comment on it.	2533

(3) A cost arising from a law passed as a result of a	2534
federal mandate.	2535

The amounts described in division (E)(2) of this section	2536
include only the amounts remaining after subtracting from such	2537
costs any revenues received or receivable by the school district,	2538
county, township, or municipal corporation on account of the	2539
program or service, including the following:	2540

(a) Fees charged to the recipients of the program or	2541
service;	2542

(b) State or federal aid paid specifically or categorically	2543
in connection with the program or service;	2544

(c) Any offsetting savings resulting from the diminution or	2545
elimination of any other program or service directly attributable	2546
to the performance or administration of the required program or	2547
service.	2548

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

2549

(1) The main biennial operating appropriations bill;

2550

(2) The biennial operating appropriations bill for state	2551
agencies supported by motor fuel tax revenue;	2552

(3) The biennial operating appropriations bill or bills for	2553
the bureau of workers' compensation and the industrial commission;	2554

(4) Any other bill that makes the principal biennial	2555
operating appropriations for one or more state agencies;	2556

(5) The bill that primarily contains corrections and	2557
supplemental appropriations to the biennial operating	2558
appropriations bills;	2559

(6) The main biennial capital appropriations bill;

2560

(7) The bill that primarily contains reappropriations from	2561
previous capital appropriations bills.	2562

Sec. 103.33. This section shall be known as "The Community	2563
Organizations Access Procedure Act."	2564

Any state agency that is eligible to receive federal funds	2565
under a federal grant program and that cannot or has decided that	2566
it will not participate fully in the program shall promptly report	2567
both of the following to the joint legislative committee on	2568
federal funds:	2569

(A) That the agency cannot or has decided that it will not	2570
participate fully in the program, along with the reason;	2571

(B) Whether there is some means allowable under federal law	2572
by which counties or not-for-profit organizations can receive the	2573
federal funds to participate in the program, as by being agents or	2574
grantees of the agency.	2575

If there is a means whereby counties or not-for-profit	2576
organizations can so participate in the program, the agency shall	2577
post on a generally accessible internet website detailed	2578
information about the program and the means by which the counties	2579
or not-for-profit organizations can participate in the program.	2580
The information shall be posted within ample time for the counties	2581
or not-for-profit organizations to participate fully in the	2582
program. Any county interested in participating in the program	2583
shall apply to the agency on its own behalf. Any county that is	2584
willing to be the fiscal agent for a not-for-profit organization	2585
interested in participating and qualified to participate in the	2586
program, or that arranges with a responsible organization to be	2587
the fiscal agent for the program in the county, shall advertise or	2588
otherwise inform such organizations about the program and shall	2589
apply to the agency in conjunction with or on behalf of the	2590
not-for-profit organization. The agency shall accept applications	2591
from the counties on a first-come, first-served basis, shall apply	2592
to the federal government for the funds, and shall pay the federal	2593
funds to the counties when available.	2594

As used in this section, "not-for-profit organizations" means	2595
organizations, including faith-based organizations, exempt from	2596
federal income taxation under section 501(c)(3) of the "Internal	2597
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	2598
amended.	2599

Sec. 105.41.  (A) There is hereby created the capitol square	2600
review and advisory board, consisting of nine members as follows:	2601

(1) Two members of the senate, appointed by the president of	2602
the senate, both of whom shall not be members of the same	2603
political party;	2604

(2) Two members of the house of representatives, appointed	2605
by the speaker of the house of representatives, both of whom shall	2606
not be members of the same political party;	2607

(3) Five members appointed by the governor, with the advice	2608
and consent of the senate, not more than three of whom shall be	2609
members of the same political party, one of whom shall represent	2610
the office of the state architect and engineer, one of whom shall	2611
represent the Ohio arts council, one of whom shall represent the	2612
Ohio historical society, one of whom shall represent the Ohio	2613
building authority, and one of whom shall represent the public at	2614
large.	2615

(B) Terms of office of each appointed member of the board	2616
shall be for three years, except that members of the general	2617
assembly appointed to the board shall be members of the board only	2618
so long as they are members of the general assembly. Each member	2619
shall hold office from the date of the member's appointment until	2620
the end of the term for which the member was appointed. In case	2621
of a vacancy occurring on the board, the president of the senate,	2622
the speaker of the house of representatives, or the governor, as	2623
the case may be, shall in the same manner prescribed for the	2624
regular appointment to the commission, fill the vacancy by	2625
appointing a member. Any member appointed to fill a vacancy	2626
occurring prior to the expiration of the term for which the	2627
member's predecessor was appointed shall hold office for the	2628
remainder of the term. Any member shall continue in office	2629
subsequent to the expiration date of the member's term until the	2630
member's successor takes office, or until a period of sixty days	2631
has elapsed, whichever occurs first.	2632

(C) The board shall hold meetings in a manner and at times	2633
prescribed by the rules adopted by the board. A majority of the	2634
board constitutes a quorum, and no action shall be taken by the	2635
board unless approved by at least five voting members. At its	2636
first meeting, the board shall adopt rules for the conduct of its	2637
business and the election of its officers, and shall organize by	2638
selecting a chairperson and other officers as it considers	2639
necessary. Board members shall serve without compensation but	2640
shall be reimbursed for actual and necessary expenses incurred in	2641
the performance of their duties.	2642

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

2643

(1) Employ or hire on a consulting basis professional,	2644
technical, and clerical employees as are necessary for the	2645
performance of its duties;	2646

(2) Hold public hearings at times and places as determined	2647
by the board;	2648

(3) Adopt, amend, or rescind rules necessary to accomplish	2649
the duties of the board as set forth in this section;	2650

(4) Sponsor, conduct, and support such social events as the	2651
board may authorize and consider appropriate for the employees of	2652
the board, employees and members of the general assembly,	2653
employees of persons under contract with the board or otherwise	2654
engaged to perform services on the premises of capitol square, or	2655
other persons as the board may consider appropriate. Subject to	2656
the requirements of Chapter 4303. of the Revised Code, the board	2657
may provide beer, wine, and intoxicating liquor, with or without	2658
charge, for such those events and may use funds only from the sale	2659
of goods and services fund to purchase the beer, wine, and	2660
intoxicating liquor the board provides.	2661

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

2662

(1) Have sole authority to coordinate and approve any	2663
improvements, additions, and renovations that are made to the	2664
capitol square. The improvements shall include, but not be	2665
limited to, the placement of monuments and sculpture on the	2666
capitol grounds.	2667

(2) Operate Subject to section 3353.07 of the Revised Code,	2668
operate the capitol square, and have sole authority to regulate	2669
all uses of the capitol square. The uses shall include, but not	2670
be limited to, the casual and recreational use of the capitol	2671
square.	2672

(3) Employ, fix the compensation of, and prescribe the	2673
duties of the executive director of the board and such other	2674
employees as the board considers necessary for the performance of	2675
its powers and duties;	2676

(4) Establish and maintain the capitol collection trust. The	2677
capitol collection trust shall consist of furniture, antiques, and	2678
other items of personal property that the board shall store in	2679
suitable facilities until they are ready to be placed in the	2680
capitol square.	2681

(5) Perform such repair, construction, contracting,	2682
purchasing, maintenance, supervisory, and operating activities as	2683
the board determines are necessary for the operation and	2684
maintenance of the capitol square;	2685

(6) Maintain and preserve the capitol square, in accordance	2686
with guidelines issued by the United States secretary of the	2687
interior for application of the secretary's standards for	2688
rehabilitation adopted in 36 C.F.R. part 67.	2689

(F)(1) The capitol square review and advisory board shall	2690
lease capital facilities improved or financed by the Ohio building	2691
authority pursuant to Chapter 152. of the Revised Code for the use	2692
of the board, and may enter into any other agreements with the	2693
authority ancillary to improvement, financing, or leasing of such	2694
those capital facilities, including, but not limited to, any	2695
agreement required by the applicable bond proceedings authorized	2696
by Chapter 152. of the Revised Code. Any lease of capital	2697
facilities authorized by this section shall be governed by	2698
division (D) of section 152.24 of the Revised Code.	2699

(2) Fees, receipts, and revenues received by the capitol	2700
square review and advisory board from the state underground	2701
parking garage constitute available receipts as defined in section	2702
152.09 of the Revised Code, and may be pledged to the payment of	2703
bond service charges on obligations issued by the Ohio building	2704
authority pursuant to Chapter 152. of the Revised Code to improve	2705
or finance capital facilities useful to the board. The authority	2706
may, with the consent of the board, provide in the bond	2707
proceedings for a pledge of all or such a portion of such those	2708
fees, receipts, and revenues as the authority determines. The	2709
authority may provide in the bond proceedings or by separate	2710
agreement with the board for the transfer of such those fees,	2711
receipts, and revenues to the appropriate bond service fund or	2712
bond service reserve fund as required to pay the bond service	2713
charges when due, and any such provision for the transfer of such	2714
those fees, receipts, and revenues shall be controlling	2715
notwithstanding any other provision of law pertaining to such	2716
those fees, receipts, and revenues.	2717

(3) All moneys received by the treasurer of state on account	2718
of the board and required by the applicable bond proceedings or by	2719
separate agreement with the board to be deposited, transferred, or	2720
credited to the bond service fund or bond service reserve fund	2721
established by such the bond proceedings shall be transferred by	2722
the treasurer of state to such fund, whether or not such fund it	2723
is in the custody of the treasurer of state, without necessity for	2724
further appropriation, upon receipt of notice from the Ohio	2725
building authority as prescribed in the bond proceedings.	2726

(G) All fees, receipts, and revenues received by the capitol	2727
square review and advisory board from the state underground	2728
parking garage shall be deposited into the state treasury to the	2729
credit of the underground parking garage operating fund, which is	2730
hereby created, to be used for the purposes specified in division	2731
(F) of this section and for the operation and maintenance of the	2732
garage. All investment earnings of the fund shall be credited to	2733
the fund.	2734

(H) All donations received by the capitol square review and	2735
advisory board shall be deposited into the state treasury to the	2736
credit of the capitol square renovation gift fund, which is hereby	2737
created. The fund shall be used by the capitol square review and	2738
advisory board as follows:	2739

(1) To provide part or all of the funding related to	2740
construction, goods, or services for the renovation of the capitol	2741
square;	2742

(2) To purchase art, antiques, and artifacts for display at	2743
the capitol square;	2744

(3) To award contracts or make grants to organizations for	2745
educating the public regarding the historical background and	2746
governmental functions of the capitol square. Chapters 125.,	2747
127., and 153. and section 3517.13 of the Revised Code do not	2748
apply to purchases made exclusively from the fund, notwithstanding	2749
anything to the contrary in those chapters or that section. All	2750
investment earnings of the fund shall be credited to the fund.	2751

(I) Except as provided in divisions (G), (H), and (J) of	2752
this section, all fees, receipts, and revenues received by the	2753
capitol square review and advisory board shall be deposited into	2754
the state treasury to the credit of the sale of goods and services	2755
fund, which is hereby created. Money credited to the fund shall	2756
be used solely to pay costs of the board other than those	2757
specified in divisions (F) and (G) of this section. All	2758
investment earnings of the fund shall be credited to the fund.	2759

(J) There is hereby created in the state treasury the	2760
capitol square improvement fund, to be used by the capitol square	2761
review and advisory board to pay construction, renovation, and	2762
other costs related to the capitol square for which money is not	2763
otherwise available to the board. Whenever the board determines	2764
that there is a need to incur such those costs and that the	2765
unencumbered, unobligated balance to the credit of the underground	2766
parking garage operating fund exceeds the amount needed for the	2767
purposes specified in division (F) of this section and for the	2768
operation and maintenance of the garage, the board may request the	2769
director of budget and management to transfer from the underground	2770
parking garage operating fund to the capitol square improvement	2771
fund the amount needed to pay such construction, renovation, or	2772
other costs. The director then shall thereupon transfer the	2773
amount needed from the excess balance of the underground parking	2774
garage operating fund.	2775

(K) As the operation and maintenance of the capitol square	2776
constitute essential government functions of a public purpose, the	2777
board shall not be required to pay taxes or assessments upon the	2778
square, or upon any property acquired or used by the board under	2779
this section, or upon any income generated by the operation of the	2780
square.	2781

(L) As used in this section, "capitol square" means the	2782
capitol building, senate building, capitol atrium, capitol	2783
grounds, and the state underground parking garage.	2784

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

2785

Sec. 107.10.  The following records shall be kept in the	2786
Governor's governor's office:	2787

(A) A register of every bill passed by the general assembly	2788
which that has been presented to the governor, in which is entered	2789
the number of the bill, the date such the bill was presented to	2790
the governor, and the action taken thereon on it by the governor	2791
and the date thereof of the action;	2792

(B) An appointment record in which is entered the name of	2793
each person appointed to an office by the governor, except	2794
notaries public and commissioners, the office to which appointed,	2795
the date of the appointment, the date of the commission, the date	2796
of the beginning and expiration of the term, and, the result and	2797
date of action by the senate, if required;	2798

(C) A record of notaries public in which is entered the name,	2799
post-office address, county, date of commission, and the beginning	2800
and expiration of term of each notary public appointed;	2801

(D) A record of commissioners in which is entered the name,	2802
post-office address, the state, territory, or county where the	2803
appointee resides, the date of commission, and the beginning and	2804
expiration of term of each commissioner appointed;	2805

(E)(D) A record of requisitions in which is entered both of	2806
the following: (1) an	2807

(1) An abstract of each application for a requisition,	2808
showing date, by whom made, the name of the alleged fugitive, the	2809
offense charged, upon the executive authority of what state,	2810
territory, or country the requisition is made, and whether granted	2811
or refused; (2) an	2812

(2) An abstract of requisition received, showing date of	2813
receipt, from what state or territory issued, the name of the	2814
alleged fugitive, the offense charged, whether a warrant was	2815
issued or refused, and if issued, to the sheriff of what county,	2816
or the reason for refusing to issue a warrant;.	2817

(F)(E) A pardon record in which is entered the date of each	2818
application for pardon, reprieve, or commutation, the name of the	2819
convict, of what crime, in what county, and at what term of court	2820
he the convict was convicted, the sentence of the court, the	2821
action of the governor, the reason therefor for that action, and	2822
the date thereof of that action.	2823

Sec. 109.761.  (A)(1) Each agency or entity that appoints	2824
or employs one or more peace officers shall report to the Ohio	2825
peace officer training commission on or after January 1, 2002, all	2826
of the following that occur on or after that date:	2827

(a) The appointment or employment of any person to serve	2828
the agency or entity as a peace officer in any full-time,	2829
part-time, reserve, auxiliary, or other capacity;	2830

(b) The termination, resignation, felony conviction, or	2831
death of any person who has been appointed to or employed by the	2832
agency or entity as a peace officer in any full-time, part-time,	2833
reserve, auxiliary, or other capacity and who is serving the	2834
agency or entity in any of those peace officer capacities.	2835

(2) An agency or entity shall make each report required by	2836
division (A)(1) of this section within ten days of the occurrence	2837
of the event that is being reported. The agency or entity shall	2838
make the report in the manner and format prescribed by the	2839
executive director of the Ohio peace officer training commission.	2840

(B) Each agency or entity that appoints or employs one or	2841
more peace officers annually shall provide to the Ohio peace	2842
officer training commission a roster of all persons who have been	2843
appointed to or employed by the agency or entity as a peace	2844
officer in any full-time, part-time, reserve, auxiliary, or other	2845
capacity, and who are serving or during the year covered by the	2846
report have served the agency or entity in any of those peace	2847
officer capacities. The agency or entity shall provide the roster	2848
in the manner and format, and by the date, prescribed by the	2849
executive director of the Ohio peace officer training commission.	2850

(C) If an agency or entity that appoints or employs one or	2851
more peace officers fails to comply with division (A) or (B) of	2852
this section, the agency or entity is ineligible to have any of	2853
its peace officers participate in any basic training certified by	2854
the Ohio peace officer training commission or any advanced	2855
training conducted by the Ohio peace officer training academy. The	2856
agency or entity shall remain ineligible as described in this	2857
division until the agency or entity attains compliance with	2858
divisions (A) and (B) of this section. Upon the agency's or	2859
entity's compliance with divisions (A) and (B) of this section,	2860
the ineligibility imposed by this division terminates.	2861

(D) The Ohio peace officer training commission shall	2862
prescribe the manner and format of making reports under division	2863
(A) of this section and providing annual rosters under division	2864
(B) of this section and shall prescribe the date by which annual	2865
rosters must be provided.	2866

Sec. 111.16.  The secretary of state shall charge and	2867
collect, for the benefit of the state, the following fees:	2868

(A) For filing and recording articles of incorporation of a	2869
domestic corporation, including designation of agent:	2870

(1) Wherein the corporation shall not be authorized to issue	2871
any shares of capital stock, one hundred twenty-five dollars.;	2872

(2) Wherein the corporation shall be authorized to issue	2873
shares of capital stock, with or without par value:	2874

(a) Ten cents for each share authorized up to and including	2875
one thousand shares;	2876

(b) Five cents for each share authorized in excess of one	2877
thousand shares up to and including ten thousand shares;	2878

(c) Two cents for each share authorized in excess of ten	2879
thousand shares up to and including fifty thousand shares;	2880

(d) One cent for each share authorized in excess of fifty	2881
thousand shares up to and including one hundred thousand shares;	2882

(e) One-half cent for each share authorized in excess of one	2883
hundred thousand shares up to and including five hundred thousand	2884
shares;	2885

(f) One-quarter cent for each share authorized in excess of	2886
five hundred thousand shares; provided no fee shall be less than	2887
eighty-five one hundred twenty-five dollars or greater than one	2888
hundred thousand dollars.	2889

(B) For filing and recording a certificate of amendment to	2890
or amended articles of incorporation of a domestic corporation, or	2891
for filing and recording a certificate of reorganization, a	2892
certificate of dissolution, or an amendment to a foreign license	2893
application:	2894

(1) If the domestic corporation is not authorized to issue	2895
any shares of capital stock, twenty-five fifty dollars;	2896

(2) If the domestic corporation is authorized to issue	2897
shares of capital stock, thirty-five fifty dollars, and in case of	2898
any increase in the number of shares authorized to be issued, a	2899
further sum computed in accordance with the schedule set forth in	2900
division (A)(2) of this section less a credit computed in the same	2901
manner for the number of shares previously authorized to be issued	2902
by the corporation; provided no fee under division (B)(2) of this	2903
section shall be greater than one hundred thousand dollars;	2904

(3) If the foreign corporation is not authorized to issue	2905
any shares of capital stock, fifty dollars;	2906

(4) If the foreign corporation is authorized to issue shares	2907
of capital stock, fifty dollars.	2908

(C) For filing and recording articles of incorporation of a	2909
savings and loan association, one hundred twenty-five dollars; and	2910
for filing and recording a certificate of amendment to or amended	2911
articles of incorporation that do not involve an increase in the	2912
authorized capital stock of such corporation of a savings and loan	2913
association, twenty-five fifty dollars; and for filing and	2914
recording a certificate of amendment to or amended articles of	2915
incorporation that do involve an increase in the authorized	2916
capital stock of such corporation, thirty-five dollars;	2917

(D) For filing and recording a certificate of merger or	2918
consolidation, fifty one hundred twenty-five dollars and, in the	2919
case of any new corporation resulting from a consolidation or any	2920
surviving corporation that has an increased number of shares	2921
authorized to be issued resulting from a merger, an additional sum	2922
computed in accordance with the schedule set forth in division	2923
(A)(2) of this section less a credit computed in the same manner	2924
for the number of shares previously authorized to be issued or	2925
represented in this state by each of the corporations for which a	2926
consolidation or merger is effected by the certificate;	2927

(E) For filing and recording articles of incorporation of a	2928
credit union or the American credit union guaranty association,	2929
thirty-five one hundred twenty-five dollars, and for filing and	2930
recording a certificate of increase in capital stock or any other	2931
amendment of the articles of incorporation of a credit union or	2932
the association, twenty-five fifty dollars;	2933

(F) For filing and recording articles of organization of a	2934
limited liability company or, for filing and recording an	2935
application to become a registered foreign limited liability	2936
company, for filing and recording a registration application to	2937
become a domestic limited liability partnership, or for filing and	2938
recording an application to become a registered foreign limited	2939
liability partnership, eighty-five one hundred twenty-five	2940
dollars;	2941

(G) For filing and recording a certificate of limited	2942
partnership or an application for registration as a foreign	2943
limited partnership the following apply:	2944

(1) If the certificate or application is for a limited	2945
partnership or foreign limited partnership described in division	2946
(A)(1) of section 1782.63 of the Revised Code, and the partnership	2947
has complied with divisions (A)(1)(a) to (e) of that section, no	2948
fee;	2949

(2) If the certificate or application is for a limited	2950
partnership or foreign limited partnership other than a	2951
partnership described in division (G)(1) of this section,	2952
eighty-five, one hundred twenty-five dollars.	2953

(H) For filing a copy of papers evidencing the incorporation	2954
of a municipal corporation or of annexation of territory by a	2955
municipal corporation, five dollars, to be paid by the municipal	2956
corporation, the petitioners therefor, or their agent;	2957

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

2958

(1) A license to transact business in this state by a	2959
foreign corporation for profit pursuant to section 1703.04 of the	2960
Revised Code or a foreign nonprofit corporation pursuant to	2961
section 1703.27 of the Revised Code, one hundred twenty-five	2962
dollars;	2963

(2) An annual report or annual statement pursuant to section	2964
1775.63 or 1785.06 of the Revised Code, ten twenty-five dollars;	2965

(3) Any Except as otherwise provided in this section or any	2966
other section of the Revised Code, any other certificate or paper	2967
that is required to be filed and recorded or is permitted by any	2968
provision of the Revised Code to be filed and recorded by any	2969
provision of the Revised Code with the secretary of state, ten	2970
twenty-five dollars.	2971

(J) For filing any certificate or paper not required to be	2972
recorded, five dollars;	2973

(K)(1) For making copies of any certificate or other paper	2974
filed in the office of the secretary of state, the cost shall a	2975
fee not to exceed one dollar per page, except as otherwise	2976
provided in the Revised Code, and for creating and affixing the	2977
seal of the office of the secretary of state to any good standing	2978
or other certificate, five dollars, except that for. For copies	2979
of certificates or papers required by state officers for official	2980
purpose, no charge shall be made;.	2981

(2) For creating and affixing the seal of the office of the	2982
secretary of state to the certificates described in division (E)	2983
of section 1701.81, division (E) of section 1705.38, or division	2984
(D) of section 1702.43 of the Revised Code, twenty-five dollars.	2985

(L) For a minister's license to solemnize marriages, ten	2986
dollars;	2987

(M) For examining documents to be filed at a later date for	2988
the purpose of advising as to the acceptability of the proposed	2989
filing, ten fifty dollars;	2990

(N) For expedited filing service for filings referred to in	2991
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,	2992
ten dollars in addition to the fee for filing and recording	2993
provided in those divisions Fifty dollars for filing and recording	2994
any of the following:	2995

(1) A certificate of dissolution and accompanying documents,	2996
or a certificate of cancellation, under section 1701.86, 1702.47,	2997
1705.43, or 1782.10 of the Revised Code;	2998

(2) A notice of dissolution of a foreign licensed	2999
corporation or a certificate of surrender of license by a foreign	3000
licensed corporation under section 1703.17 of the Revised Code;	3001

(3) The withdrawal of registration of a foreign or domestic	3002
limited liability partnership under section 1775.61 or 1775.64 of	3003
the Revised Code, or the certificate of cancellation of	3004
registration of a foreign limited liability company under section	3005
1705.57 of the Revised Code;	3006

(4) The filing of a cancellation of disclaimer of general	3007
partner status under Chapter 1782. of the Revised Code.	3008

(O) Fees For filing a statement of continued existence by a	3009
nonprofit corporation, twenty-five dollars;	3010

(P) For filing a restatement under section 1705.08 or	3011
1782.09 of the Revised Code, an amendment to a certificate of	3012
cancellation under section 1782.10 of the Revised Code, an	3013
amendment under section 1705.08 or 1782.09 of the Revised Code, or	3014
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52	3015
of the Revised Code, fifty dollars;	3016

(Q) For filing for reinstatement of an entity cancelled by	3017
operation of law, by the secretary of state, by order of the	3018
department of taxation, or by order of a court, twenty-five	3019
dollars;	3020

(R) For filing a change of agent, resignation of agent, or	3021
change of agent's address under section 1701.07, 1702.06,	3022
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04	3023
of the Revised Code, twenty-five dollars;	3024

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

3025

(1) An application for the exclusive right to use a name or	3026
an application to reserve a name for future use under section	3027
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	3028
Code, fifty dollars;	3029

(2) A trade name or fictitious name registration or report,	3030
fifty dollars;	3031

(3) An application to renew any item covered by division	3032
(S)(1) or (2) of this section that is permitted to be renewed,	3033
twenty-five dollars;	3034

(4) An assignment of rights for use of a name covered by	3035
division (S)(1), (2), or (3) of this section, the cancellation of	3036
a name registration or name reservation that is so covered, or	3037
notice of a change of address of the registrant of a name that is	3038
so covered, twenty-five dollars.	3039

(T) For filing and recording a report to operate a business	3040
trust or a real estate investment trust, either foreign or	3041
domestic, one hundred twenty-five dollars; and for filing and	3042
recording an amendment to a report or associated trust instrument,	3043
or a surrender of authority, to operate a business trust or real	3044
estate investment trust, fifty dollars;	3045

(U)(1) For filing and recording the registration of a	3046
trademark, service mark, or mark of ownership, one hundred	3047
twenty-five dollars;	3048

(2) For filing and recording the change of address of a	3049
registrant, the assignment of rights to a registration, a renewal	3050
of a registration, or the cancellation of a registration	3051
associated with a trademark, service mark, or mark of ownership,	3052
twenty-five dollars.	3053

Fees specified in this section may be paid by cash, check, or	3054
money order, by credit cardin accordance with section 113.40 of	3055
the Revised Code, or by an alternative payment program in	3056
accordance with division (B) of section 111.18 of the Revised	3057
Code. Any credit card number or the expiration date of any credit	3058
card is not subject to disclosure under Chapter 149. of the	3059
Revised Code.	3060

Sec. 111.18.  (A) The secretary of state shall keep a record	3061
of all fees collected by the secretary of state and, except as	3062
otherwise provided in this subject to division (B) of section and	3063
in sections 1309.401 and 1329.68 and division (C)(2) of section	3064
3506.05 of the Revised Code and except as otherwise provided in	3065
the Revised Code, shall pay, through June 30, 2001, fifty per cent	3066
of them into the state treasury to the credit of the general	3067
revenue fund and fifty per cent of them into the state treasury to	3068
the credit of the corporate and uniform commercial code filing	3069
fund created under by section 1309.401 of the Revised Code and	3070
shall pay, on and after July 1, 2001, all of them into the state	3071
treasury to the credit of the general revenue fund. Through June	3072
30, 2001, all of the fees collected under divisions (I)(2) and (N)	3073
of section 111.16 of the Revised Code shall be paid into the state	3074
treasury to the credit of that corporate and uniform commercial	3075
code filing fund. On and after July 1, 2001, the following fees	3076
shall be paid into the state treasury to the credit of that	3077
corporate and uniform commercial code filing fund:	3078

(1) Twenty-five dollars of each fee collected under	3079
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the	3080
Revised Code;	3081

(2) Twenty-five dollars of each fee collected under division	3082
(C) of section 1703.031 of the Revised Code;	3083

(3) All fees collected under divisions (I)(2) and (N) of	3084
section 111.16 of the Revised Code;	3085

(4) All fees collected under section 1703.08 of the Revised	3086
Code;	3087

(5) Each fifty-dollar fee for amendments filed by foreign	3088
nonprofit corporations under section 1703.27 of the Revised Code.	3089

(B) The secretary of state may implement a credit card	3090
payment program permitting payment of any fee charged by the	3091
secretary of state by means of a credit card. The secretary of	3092
state may open an account outside the state treasury in a	3093
financial institution for the purpose of depositing credit card	3094
receipts. Within forty-eight hours following the deposit of the	3095
receipts, the financial institution shall make available to the	3096
secretary of state funds in the amount of the receipts. The	3097
secretary of state shall then pay these funds into the state	3098
treasury to the credit of the general revenue fund, except as	3099
otherwise provided by the Revised Code.	3100

The secretary of state may pay the cost of any service charge	3101
required by a financial institution or credit card company in	3102
connection with a credit card payment program.	3103

The secretary of state shall adopt rules as necessary to	3104
carry out the purposes of this division. The rules shall include	3105
standards for determining eligible financial institutions and the	3106
manner in which funds shall be made available and shall be	3107
consistent with the standards contained in sections 135.03,	3108
135.18, and 135.181 of the Revised Code.	3109

The secretary of state may implement alternative payment	3110
programs that permit payment of any fee charged by the secretary	3111
of state by means other than cash, check, money order, or credit	3112
card; an alternative payment program may include, but is not	3113
limited to, one that permits a fee to be paid by electronic means	3114
of transmission. Fees paid under an alternative payment program	3115
shall be deposited to the credit of the secretary of state	3116
alternative payment program fund, which is hereby created. The	3117
secretary of state alternative payment program fund shall be in	3118
the custody of the treasurer of state but shall not be part of the	3119
state treasury. Any investment income of the secretary of state	3120
alternative payment program fund shall be credited to that fund	3121
and used to operate the alternative payment program. Within two	3122
working days following the deposit of funds to the credit of the	3123
secretary of state alternative payment program fund, the secretary	3124
of state shall pay those funds into the state treasury to the	3125
credit of the corporate and uniform commercial code filing fund,	3126
subject to division (B) of section 1309.401 of the Revised Code	3127
and except as otherwise provided in the Revised Code.	3128

The secretary of state shall adopt rules necessary to carry	3129
out the purposes of this division.	3130

Sec. 111.23.  (A) The secretary of state, by rule, shall	3131
establish, and prescribe guidelines and fees for the use of, an	3132
"expedited filing service" that provides, at the option of the	3133
person making such a filing, expeditious processing of any filing	3134
with the secretary of state under Chapters Chapter 1309. and or	3135
1329. and of any filing referred to in divisions (A), (B), (C),	3136
(D), (E), (F), and (G) of section 111.16 or Title XVII of the	3137
Revised Code.	3138

(B) The secretary of state may adopt rules establishing, and	3139
prescribing guidelines and fees for the use of, a bulk filing	3140
service that provides, at the option of the person making a	3141
filing, a method for providing large amounts of information. The	3142
secretary of state may charge and collect fees for filings made	3143
through a bulk filing service at reduced amounts from those	3144
otherwise specified in or authorized by the Revised Code.	3145

(C) The secretary of state may adopt rules establishing, and	3146
prescribing guidelines and fees for the use of, alternative filing	3147
procedures in making filings with the secretary of state. Under	3148
these rules, the secretary of state may accept any filing and	3149
payment of associated fees through any electronic, digital,	3150
facsimile, or other means of transmission. The filings shall be	3151
made on a form prescribed by the secretary of state and shall	3152
comply fully with any other requirements of the Revised Code	3153
applicable to the type of filing being made.	3154

Sec. 111.25.  (A) The secretary of state shall prescribe the	3155
following forms for persons to use in complying with the	3156
requirements of Chapter 1309. of the Revised Code for the filing	3157
of financing statements and related documents:	3158

(A)(1) The financing statement described in division (A) of	3159
section 1309.39 of the Revised Code;	3160

(B)(2) A form for the amendment of a financing statement	3161
described in division (C) of section 1309.39 of the Revised Code;	3162

(C)(3) A continuation statement described in division (C) of	3163
section 1309.40 of the Revised Code;	3164

(D)(4) A termination statement described in division (A) of	3165
section 1309.41 of the Revised Code;	3166

(E)(5) A form for an assignment of rights under a financing	3167
statement described in section 1309.42 of the Revised Code;	3168

(F)(6) A statement of release described in section 1309.43	3169
of the Revised Code.	3170

(B) The secretary of state shall prescribe the forms for	3171
persons to use in complying with the requirements of Title XVII of	3172
the Revised Code to the extent that those requirements relate to	3173
filings with the secretary of state's office.	3174

Sec. 118.08.  (A) The members of the financial planning and	3175
supervision commission shall serve without compensation, but shall	3176
be paid by the commission their necessary and actual expenses	3177
incurred while engaged in the business of the commission.	3178

(B) All expenses incurred for services rendered by the	3179
financial supervisor for a period of twenty-four months shall be	3180
paid by the commission pursuant to an appropriation made by the	3181
general assembly for this purpose. Expenses incurred for services	3182
rendered by the financial supervisor beyond this period shall be	3183
borne by the municipal corporation, county, or township unless the	3184
director of budget and management waives the costs and allows	3185
payment in accordance with the following:	3186

(1) If the continued performance of the financial supervisor	3187
is required for a period of twenty-five to thirty months, the	3188
municipal corporation, county, or township is responsible for	3189
twenty per cent of the compensation due.	3190

(2) If the continued performance of the financial supervisor	3191
is required for a period of thirty-one to thirty-six months, the	3192
municipal corporation, county, or township is responsible for	3193
fifty per cent of the compensation due.	3194

(3) If the continued performance of the financial supervisor	3195
is required for a period of thirty-seven months or more, the	3196
municipal corporation, county, or township is responsible for one	3197
hundred per cent of the compensation due except as otherwise	3198
provided in division (B)(4) of this section.	3199

(4) Beginning in fiscal year 2000, if If the continued	3200
performance of the financial supervisor has been required longer	3201
than eight fiscal years for any municipal corporation, county, or	3202
township declared to be in a fiscal emergency prior to fiscal year	3203
1996, that municipal corporation, county, or township is	3204
responsible for fifty per cent of the compensation due in its	3205
ninth fiscal year 2000 while in fiscal emergency and one hundred	3206
per cent of the compensation due in its tenth fiscal year 2001 and	3207
every fiscal year thereafter while in fiscal emergency.	3208

(C) If the municipal corporation, county, or township fails	3209
to make any payment to the financial supervisor as required by	3210
this chapter, the financial supervisor may certify to the county	3211
auditor the amount due, and that amount shall be withheld from the	3212
municipal corporation, county, or township from any fund or funds	3213
in the custody of the county auditor for distribution to the	3214
municipal corporation, county, or township, except for those	3215
reserved for payment of local government fund notes. Upon	3216
receiving such the certification from the auditor of state	3217
financial supervisor, the county auditor shall draw a voucher for	3218
the amount against such those fund or funds in favor of the	3219
financial supervisor.	3220

Sec. 119.12.  Any party adversely affected by any order of an	3221
agency issued pursuant to an adjudication denying an applicant	3222
admission to an examination, or denying the issuance or renewal of	3223
a license or registration of a licensee, or revoking or suspending	3224
a license, or allowing the payment of a forfeiture under section	3225
4301.252 of the Revised Code, may appeal from the order of the	3226
agency to the court of common pleas of the county in which the	3227
place of business of the licensee is located or the county in	3228
which the licensee is a resident, except that appeals from	3229
decisions of the liquor control commission, the state medical	3230
board, state chiropractic board, state dental board, and board of	3231
nursing shall be to the court of common pleas of Franklin county.	3232
If any such party is not a resident of and has no place of	3233
business in this state, the party may appeal to the court of	3234
common pleas of Franklin county.	3235

Any party adversely affected by any order of an agency issued	3236
pursuant to any other adjudication may appeal to the court of	3237
common pleas of Franklin county, except that appeals from orders	3238
of the fire marshal issued under Chapter 3737. of the Revised Code	3239
may be to the court of common pleas of the county in which the	3240
building of the aggrieved person is located.	3241

This section does not apply to appeals from the department of	3242
taxation.	3243

Any party desiring to appeal shall file a notice of appeal	3244
with the agency setting forth the order appealed from and the	3245
grounds of the party's appeal. A copy of such notice of appeal	3246
shall also be filed by the appellant with the court. Unless	3247
otherwise provided by law relating to a particular agency, such	3248
notices of appeal shall be filed within fifteen days after the	3249
mailing of the notice of the agency's order as provided in this	3250
section. For purposes of this paragraph, an order includes a	3251
determination appealed pursuant to division (C) of section 119.092	3252
of the Revised Code.	3253

The filing of a notice of appeal shall not automatically	3254
operate as a suspension of the order of an agency. If it appears	3255
to the court that an unusual hardship to the appellant will result	3256
from the execution of the agency's order pending determination of	3257
the appeal, the court may grant a suspension and fix its terms. If	3258
an appeal is taken from the judgment of the court and the court	3259
has previously granted a suspension of the agency's order as	3260
provided in this section, such suspension of the agency's order	3261
shall not be vacated and shall be given full force and effect	3262
until the matter is finally adjudicated. No renewal of a license	3263
or permit shall be denied by reason of such suspended order during	3264
the period of the appeal from the decision of the court of common	3265
pleas. In the case of an appeal from the state medical board or	3266
state chiropractic board, the court may grant a suspension and	3267
fix its terms if it appears to the court that an unusual hardship	3268
to the appellant will result from the execution of the agency's	3269
order pending determination of the appeal and the health, safety,	3270
and welfare of the public will not be threatened by suspension of	3271
the order. This provision shall not be construed to limit the	3272
factors the court may consider in determining whether to suspend	3273
an order of any other agency pending determination of an appeal.	3274

The final order of adjudication may apply to any renewal of a	3275
license or permit which has been granted during the period of the	3276
appeal.	3277

Notwithstanding any other provision of this section, any	3278
order issued by a court of common pleas or a court of appeals	3279
suspending the effect of an order of the liquor control commission	3280
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	3281
suspends, revokes, or cancels a permit issued under Chapter 4303.	3282
of the Revised Code, or that allows the payment of a forfeiture	3283
under section 4301.252 of the Revised Code, shall terminate not	3284
more than six months after the date of the filing of the record of	3285
the liquor control commission with the clerk of the court of	3286
common pleas and shall not be extended. The court of common	3287
pleas, or the court of appeals on appeal, shall render a judgment	3288
in that matter within six months after the date of the filing of	3289
the record of the liquor control commission with the clerk of the	3290
court of common pleas. A court of appeals shall not issue an	3291
order suspending the effect of an order of the liquor control	3292
commission that extends beyond six months after the date on which	3293
the record of the liquor control commission is filed with a court	3294
of common pleas.	3295

Notwithstanding any other provision of this section, any	3296
order issued by a court of common pleas suspending the effect of	3297
an order of the state medical board or state chiropractic board	3298
that limits, revokes, suspends, places on probation, or refuses to	3299
register or reinstate a certificate issued by the board or	3300
reprimands the holder of such a certificate shall terminate not	3301
more than fifteen months after the date of the filing of a notice	3302
of appeal in the court of common pleas, or upon the rendering of a	3303
final decision or order in the appeal by the court of common	3304
pleas, whichever occurs first.	3305

Within thirty days after receipt of a notice of appeal from	3306
an order in any case in which a hearing is required by sections	3307
119.01 to 119.13 of the Revised Code, the agency shall prepare and	3308
certify to the court a complete record of the proceedings in the	3309
case. Failure of the agency to comply within the time allowed,	3310
upon motion, shall cause the court to enter a finding in favor of	3311
the party adversely affected. Additional time, however, may be	3312
granted by the court, not to exceed thirty days, when it is shown	3313
that the agency has made substantial effort to comply. Such	3314
record shall be prepared and transcribed and the expense of it	3315
shall be taxed as a part of the costs on the appeal. The	3316
appellant shall provide security for costs satisfactory to the	3317
court of common pleas. Upon demand by any interested party, the	3318
agency shall furnish at the cost of the party requesting it a copy	3319
of the stenographic report of testimony offered and evidence	3320
submitted at any hearing and a copy of the complete record.	3321

Notwithstanding any other provision of this section, any	3322
party desiring to appeal an order or decision of the state	3323
personnel board of review shall, at the time of filing a notice of	3324
appeal with the board, provide a security deposit in an amount and	3325
manner prescribed in rules that the board shall adopt in	3326
accordance with this chapter. In addition, the board is not	3327
required to prepare or transcribe the record of any of its	3328
proceedings unless the appellant has provided the deposit	3329
described above. The failure of the board to prepare or	3330
transcribe a record for an appellant who has not provided a	3331
security deposit shall not cause a court to enter a finding	3332
adverse to the board.	3333

Unless otherwise provided by law, in the hearing of the	3334
appeal, the court is confined to the record as certified to it by	3335
the agency. Unless otherwise provided by law, the court may grant	3336
a request for the admission of additional evidence when satisfied	3337
that such additional evidence is newly discovered and could not	3338
with reasonable diligence have been ascertained prior to the	3339
hearing before the agency.	3340

The court shall conduct a hearing on such appeal and shall	3341
give preference to all proceedings under sections 119.01 to 119.13	3342
of the Revised Code, over all other civil cases, irrespective of	3343
the position of the proceedings on the calendar of the court. An	3344
appeal from an order of the state medical board issued pursuant to	3345
division (G) of either section 4730.25 or 4731.22 of the Revised	3346
Code, or the state chiropractic board issued pursuant to section	3347
4734.37 of the Revised Code, or the liquor control commission	3348
issued pursuant to Chapter 4301. or 4303. of the Revised Code	3349
shall be set down for hearing at the earliest possible time and	3350
takes precedence over all other actions. The hearing in the court	3351
of common pleas shall proceed as in the trial of a civil action,	3352
and the court shall determine the rights of the parties in	3353
accordance with the laws applicable to such action. At such	3354
hearing, counsel may be heard on oral argument, briefs may be	3355
submitted, and evidence introduced if the court has granted a	3356
request for the presentation of additional evidence.	3357

The court may affirm the order of the agency complained of in	3358
the appeal if it finds, upon consideration of the entire record	3359
and such additional evidence as the court has admitted, that the	3360
order is supported by reliable, probative, and substantial	3361
evidence and is in accordance with law. In the absence of such a	3362
finding, it may reverse, vacate, or modify the order or make such	3363
other ruling as is supported by reliable, probative, and	3364
substantial evidence and is in accordance with law. The court	3365
shall award compensation for fees in accordance with section	3366
2335.39 of the Revised Code to a prevailing party, other than an	3367
agency, in an appeal filed pursuant to this section.	3368

The judgment of the court shall be final and conclusive	3369
unless reversed, vacated, or modified on appeal. Such appeals may	3370
be taken either by the party or the agency, shall proceed as in	3371
the case of appeals in civil actions, and shall be pursuant to the	3372
Rules of Appellate Procedure and, to the extent not in conflict	3373
with those rules, Chapter 2505. of the Revised Code. Such appeal	3374
by the agency shall be taken on questions of law relating to the	3375
constitutionality, construction, or interpretation of statutes and	3376
rules of the agency, and in such appeal the court may also review	3377
and determine the correctness of the judgment of the court of	3378
common pleas that the order of the agency is not supported by any	3379
reliable, probative, and substantial evidence in the entire	3380
record.	3381

The court shall certify its judgment to such agency or take	3382
such other action necessary to give its judgment effect.	3383

Sec. 120.06.  (A)(1) The state public defender, when	3384
designated by the court or requested by a county public defender	3385
or joint county public defender, may provide legal representation	3386
in all courts throughout the state to indigent adults and	3387
juveniles who are charged with the commission of an offense or act	3388
for which the penalty or any possible adjudication includes the	3389
potential loss of liberty.	3390

(2) The state public defender may provide legal	3391
representation to any indigent person who, while incarcerated in	3392
any state correctional institution, is charged with a felony	3393
offense, for which the penalty or any possible adjudication that	3394
may be imposed by a court upon conviction includes the potential	3395
loss of liberty.	3396

(3) The state public defender may provide legal	3397
representation to any person incarcerated in any correctional	3398
institution of the state, in any matter in which the person	3399
asserts the person is unlawfully imprisoned or detained.	3400

(4) The state public defender, in any case in which the	3401
state public defender has provided legal representation or is	3402
requested to do so by a county public defender or joint county	3403
public defender, may provide legal representation on appeal.	3404

(5) The state public defender, when designated by the court	3405
or requested by a county public defender, joint county public	3406
defender, or the director of rehabilitation and correction, shall	3407
provide legal representation in parole and probation revocation	3408
matters, unless the state public defender finds that the alleged	3409
parole or probation violator has the financial capacity to retain	3410
the alleged violator's own counsel.	3411

(6) If the state public defender contracts with a county	3412
public defender commission, a joint county public defender	3413
commission, or a board of county commissioners for the provision	3414
of services, under authority of division (C)(7) of section 120.04	3415
of the Revised Code, the state public defender shall provide legal	3416
representation in accordance with the contract.	3417

(B) The state public defender shall not be required to	3418
prosecute any appeal, postconviction remedy, or other proceeding	3419
pursuant to division (A)(3), (4), or (5) of this section, unless	3420
the state public defender first is satisfied that there is	3421
arguable merit to the proceeding.	3422

(C) A court may appoint counsel or allow an indigent person	3423
to select the indigent's own personal counsel to assist the state	3424
public defender as co-counsel when the interests of justice so	3425
require. When co-counsel is appointed to assist the state public	3426
defender, the co-counsel shall receive any compensation that the	3427
court may approve, not to exceed the amounts provided for in	3428
section 2941.51 of the Revised Code.	3429

(D) When the state public defender is designated by the	3430
court or requested by a county public defender or joint county	3431
public defender to provide legal representation for an indigent	3432
person in any case, other than pursuant to a contract entered into	3433
under authority of division (C)(7) of section 120.04 of the	3434
Revised Code, the state public defender shall send to the county	3435
in which the case is filed an itemized bill for fifty per cent of	3436
the actual cost of the representation. The county, upon receipt	3437
of an itemized bill from the state public defender pursuant to	3438
this division, shall pay fifty per cent of the actual cost of the	3439
legal representation as set forth in the itemized bill. There is	3440
hereby created in the state treasury the county representation	3441
fund for the deposit of moneys received from counties under this	3442
division. All moneys credited to the fund shall be used by the	3443
state public defender to provide legal representation for indigent	3444
persons when designated by the court or requested by a county or	3445
joint county public defender.	3446

(E)(1) Notwithstanding any contrary provision of sections	3447
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	3448
that pertains to representation by the attorney general, an	3449
assistant attorney general, or special counsel of an officer or	3450
employee, as defined in section 109.36 of the Revised Code, or of	3451
an entity of state government, the state public defender may elect	3452
to contract with, and to have the state pay pursuant to division	3453
(E)(2) of this section for the services of, private legal counsel	3454
to represent the Ohio public defender commission, the state public	3455
defender, assistant state public defenders, other employees of the	3456
commission or the state public defender, and attorneys described	3457
in division (C) of section 120.41 of the Revised Code in a	3458
malpractice or other civil action or proceeding that arises from	3459
alleged actions or omissions related to responsibilities derived	3460
pursuant to this chapter, or in a civil action that is based upon	3461
alleged violations of the constitution or statutes of the United	3462
States, including section 1983 of Title 42 of the United States	3463
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	3464
arises from alleged actions or omissions related to	3465
responsibilities derived pursuant to this chapter, if the state	3466
public defender determines, in good faith, that the defendant in	3467
the civil action or proceeding did not act manifestly outside the	3468
scope of the defendant's employment or official responsibilities,	3469
with malicious purpose, in bad faith, or in a wanton or reckless	3470
manner. If the state public defender elects not to contract	3471
pursuant to this division for private legal counsel in a civil	3472
action or proceeding, then, in accordance with sections 109.02,	3473
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	3474
attorney general shall represent or provide for the representation	3475
of the Ohio public defender commission, the state public defender,	3476
assistant state public defenders, other employees of the	3477
commission or the state public defender, or attorneys described in	3478
division (C) of section 120.41 of the Revised Code in the civil	3479
action or proceeding.	3480

(2)(a) Subject to division (E)(2)(b) of this section,	3481
payment from the state treasury for the services of private legal	3482
counsel with whom the state public defender has contracted	3483
pursuant to division (E)(1) of this section shall be accomplished	3484
only through the following procedure:	3485

(i) The private legal counsel shall file with the attorney	3486
general a copy of the contract; a request for an award of legal	3487
fees, court costs, and expenses earned or incurred in connection	3488
with the defense of the Ohio public defender commission, the state	3489
public defender, an assistant state public defender, an employee,	3490
or an attorney in a specified civil action or proceeding; a	3491
written itemization of those fees, costs, and expenses, including	3492
the signature of the state public defender and the state public	3493
defender's attestation that the fees, costs, and expenses were	3494
earned or incurred pursuant to division (E)(1) of this section to	3495
the best of the state public defender's knowledge and information;	3496
a written statement whether the fees, costs, and expenses are for	3497
all legal services to be rendered in connection with that defense,	3498
are only for legal services rendered to the date of the request	3499
and additional legal services likely will have to be provided in	3500
connection with that defense, or are for the final legal services	3501
rendered in connection with that defense; a written statement	3502
indicating whether the private legal counsel previously submitted	3503
a request for an award under division (E)(2) of this section in	3504
connection with that defense and, if so, the date and the amount	3505
of each award granted; and, if the fees, costs, and expenses are	3506
for all legal services to be rendered in connection with that	3507
defense or are for the final legal services rendered in connection	3508
with that defense, a certified copy of any judgment entry in the	3509
civil action or proceeding or a signed copy of any settlement	3510
agreement entered into between the parties to the civil action or	3511
proceeding.	3512

(ii) Upon receipt of a request for an award of legal fees,	3513
court costs, and expenses and the requisite supportive	3514
documentation described in division (E)(2)(a)(i) of this section,	3515
the attorney general shall review the request and documentation;	3516
determine whether any of the limitations specified in division	3517
(E)(2)(b) of this section apply to the request; and, if an award	3518
of legal fees, court costs, or expenses is permissible after	3519
applying the limitations, prepare a document awarding legal fees,	3520
court costs, or expenses to the private legal counsel. The	3521
document shall name the private legal counsel as the recipient of	3522
the award; specify the total amount of the award as determined by	3523
the attorney general; itemize the portions of the award that	3524
represent legal fees, court costs, and expenses; specify any	3525
limitation applied pursuant to division (E)(2)(b) of this section	3526
to reduce the amount of the award sought by the private legal	3527
counsel; state that the award is payable from the state treasury	3528
pursuant to division (E)(2)(a)(iii) of this section; and be	3529
approved by the inclusion of the signatures of the attorney	3530
general, the state public defender, and the private legal counsel.	3531

(iii) The attorney general shall forward a copy of the	3532
document prepared pursuant to division (E)(2)(a)(ii) of this	3533
section to the director of budget and management. The award of	3534
legal fees, court costs, or expenses shall be paid out of the	3535
state public defender's appropriations, to the extent there is a	3536
sufficient available balance in those appropriations. If the	3537
state public defender does not have a sufficient available balance	3538
in the state public defender's appropriations to pay the entire	3539
award of legal fees, court costs, or expenses, the director shall	3540
make application for a transfer of appropriations out of the	3541
emergency purposes account or any other appropriation for	3542
emergencies or contingencies in an amount equal to the portion of	3543
the award that exceeds the sufficient available balance in the	3544
state public defender's appropriations. A transfer of	3545
appropriations out of the emergency purposes account or any other	3546
appropriation for emergencies or contingencies shall be authorized	3547
if there are sufficient moneys greater than the sum total of then	3548
pending emergency purposes account requests, or requests for	3549
releases from the other appropriation. If a transfer of	3550
appropriations out of the emergency purposes account or other	3551
appropriation for emergencies or contingencies is made to pay an	3552
amount equal to the portion of the award that exceeds the	3553
sufficient available balance in the state public defender's	3554
appropriations, the director shall cause the payment to be made to	3555
the private legal counsel. If sufficient moneys do not exist in	3556
the emergency purposes account or other appropriation for	3557
emergencies or contingencies to pay an amount equal to the portion	3558
of the award that exceeds the sufficient available balance in the	3559
state public defender's appropriations, the private legal counsel	3560
shall request the general assembly to make an appropriation	3561
sufficient to pay an amount equal to the portion of the award that	3562
exceeds the sufficient available balance in the state public	3563
defender's appropriations, and no payment in that amount shall be	3564
made until the appropriation has been made. The private legal	3565
counsel shall make the request during the current biennium and	3566
during each succeeding biennium until a sufficient appropriation	3567
is made.	3568

(b) An award of legal fees, court costs, and expenses	3569
pursuant to division (E) of this section is subject to the	3570
following limitations:	3571

(i) The maximum award or maximum aggregate of a series of	3572
awards of legal fees, court costs, and expenses to the private	3573
legal counsel in connection with the defense of the Ohio public	3574
defender commission, the state public defender, an assistant state	3575
public defender, an employee, or an attorney in a specified civil	3576
action or proceeding shall not exceed fifty thousand dollars.	3577

(ii) The private legal counsel shall not be awarded legal	3578
fees, court costs, or expenses to the extent the fees, costs, or	3579
expenses are covered by a policy of malpractice or other	3580
insurance.	3581

(iii) The private legal counsel shall be awarded legal fees	3582
and expenses only to the extent that the fees and expenses are	3583
reasonable in light of the legal services rendered by the private	3584
legal counsel in connection with the defense of the Ohio public	3585
defender commission, the state public defender, an assistant state	3586
public defender, an employee, or an attorney in a specified civil	3587
action or proceeding.	3588

(c) If, pursuant to division (E)(2)(a) of this section, the	3589
attorney general denies a request for an award of legal fees,	3590
court costs, or expenses to private legal counsel because of the	3591
application of a limitation specified in division (E)(2)(b) of	3592
this section, the attorney general shall notify the private legal	3593
counsel in writing of the denial and of the limitation applied.	3594

(d) If, pursuant to division (E)(2)(c) of this section, a	3595
private legal counsel receives a denial of an award notification	3596
or if a private legal counsel refuses to approve a document under	3597
division (E)(2)(a)(ii) of this section because of the proposed	3598
application of a limitation specified in division (E)(2)(b) of	3599
this section, the private legal counsel may commence a civil	3600
action against the attorney general in the court of claims to	3601
prove the private legal counsel's entitlement to the award sought,	3602
to prove that division (E)(2)(b) of this section does not prohibit	3603
or otherwise limit the award sought, and to recover a judgment for	3604
the amount of the award sought. A civil action under division	3605
(E)(2)(d) of this section shall be commenced no later than two	3606
years after receipt of a denial of award notification or, if the	3607
private legal counsel refused to approve a document under division	3608
(E)(2)(a)(ii) of this section because of the proposed application	3609
of a limitation specified in division (E)(2)(b) of this section,	3610
no later than two years after the refusal. Any judgment of the	3611
court of claims in favor of the private legal counsel shall be	3612
paid from the state treasury in accordance with division (E)(2)(a)	3613
of this section.	3614

(F) If a court appoints the office of the state public	3615
defender to represent a petitioner in a postconviction relief	3616
proceeding under section 2953.21 of the Revised Code, the	3617
petitioner has received a sentence of death, and the proceeding	3618
relates to that sentence, all of the attorneys who represent the	3619
petitioner in the proceeding pursuant to the appointment, whether	3620
an assistant state public defender, the state public defender, or	3621
another attorney, shall be certified under Rule 65 20 of the Rules	3622
of Superintendence for Common Pleas the Courts of Ohio to	3623
represent indigent defendants charged with or convicted of an	3624
offense for which the death penalty can be or has been imposed.	3625

Sec. 120.16.  (A)(1) The county public defender shall	3626
provide legal representation to indigent adults and juveniles who	3627
are charged with the commission of an offense or act that is a	3628
violation of a state statute and for which the penalty or any	3629
possible adjudication includes the potential loss of liberty and	3630
in postconviction proceedings as defined in this section.	3631

(2) The county public defender may provide legal	3632
representation to indigent adults and juveniles charged with the	3633
violation of an ordinance of a municipal corporation for which the	3634
penalty or any possible adjudication includes the potential loss	3635
of liberty, if the county public defender commission has	3636
contracted with the municipal corporation to provide legal	3637
representation for indigent persons charged with a violation of an	3638
ordinance of the municipal corporation.	3639

(B) The county public defender shall provide the legal	3640
representation authorized by division (A) of this section at every	3641
stage of the proceedings following arrest, detention, service of	3642
summons, or indictment.	3643

(C) The county public defender may request the state public	3644
defender to prosecute any appeal or other remedy before or after	3645
conviction that the county public defender decides is in the	3646
interests of justice, and may provide legal representation in	3647
parole and probation revocation matters.	3648

(D) The county public defender shall not be required to	3649
prosecute any appeal, postconviction remedy, or other proceeding,	3650
unless the county public defender is first satisfied there is	3651
arguable merit to the proceeding.	3652

(E) Nothing in this section shall prevent a court from	3653
appointing counsel other than the county public defender or from	3654
allowing an indigent person to select the indigent person's own	3655
personal counsel to represent the indigent person. A court may	3656
also appoint counsel or allow an indigent person to select the	3657
indigent person's own personal counsel to assist the county public	3658
defender as co-counsel when the interests of justice so require.	3659

(F) Information as to the right to legal representation by	3660
the county public defender or assigned counsel shall be afforded	3661
to an accused person immediately upon arrest, when brought before	3662
a magistrate, or when formally charged, whichever occurs first.	3663

(G) If a court appoints the office of the county public	3664
defender to represent a petitioner in a postconviction relief	3665
proceeding under section 2953.21 of the Revised Code, the	3666
petitioner has received a sentence of death, and the proceeding	3667
relates to that sentence, all of the attorneys who represent the	3668
petitioner in the proceeding pursuant to the appointment, whether	3669
an assistant county public defender or the county public defender,	3670
shall be certified under Rule 65 20 of the Rules of	3671
Superintendence for Common Pleas the Courts of Ohio to represent	3672
indigent defendants charged with or convicted of an offense for	3673
which the death penalty can be or has been imposed.	3674

Sec. 120.26.  (A)(1) The joint county public defender shall	3675
provide legal representation to indigent adults and juveniles who	3676
are charged with the commission of an offense or act that is a	3677
violation of a state statute and for which the penalty or any	3678
possible adjudication includes the potential loss of liberty and	3679
in postconviction proceedings as defined in this section.	3680

(2) The joint county public defender may provide legal	3681
representation to indigent adults and juveniles charged with the	3682
violation of an ordinance of a municipal corporation for which the	3683
penalty or any possible adjudication includes the potential loss	3684
of liberty, if the joint county public defender commission has	3685
contracted with the municipal corporation to provide legal	3686
representation for indigent persons charged with a violation of an	3687
ordinance of the municipal corporation.	3688

(B) The joint county public defender shall provide the legal	3689
representation authorized by division (A) of this section at every	3690
stage of the proceedings following arrest, detention, service of	3691
summons, or indictment.	3692

(C) The joint county public defender may request the Ohio	3693
public defender to prosecute any appeal or other remedy before or	3694
after conviction that the joint county public defender decides is	3695
in the interests of justice and may provide legal representation	3696
in parole and probation revocation matters.	3697

(D) The joint county public defender shall not be required	3698
to prosecute any appeal, postconviction remedy, or other	3699
proceeding, unless the joint county public defender is first	3700
satisfied that there is arguable merit to the proceeding.	3701

(E) Nothing in this section shall prevent a court from	3702
appointing counsel other than the joint county public defender or	3703
from allowing an indigent person to select the indigent person's	3704
own personal counsel to represent the indigent person. A court	3705
may also appoint counsel or allow an indigent person to select the	3706
indigent person's own personal counsel to assist the joint county	3707
public defender as co-counsel when the interests of justice so	3708
require.	3709

(F) Information as to the right to legal representation by	3710
the joint county public defender or assigned counsel shall be	3711
afforded to an accused person immediately upon arrest, when	3712
brought before a magistrate, or when formally charged, whichever	3713
occurs first.	3714

(G) If a court appoints the office of the joint county	3715
public defender to represent a petitioner in a postconviction	3716
relief proceeding under section 2953.21 of the Revised Code, the	3717
petitioner has received a sentence of death, and the proceeding	3718
relates to that sentence, all of the attorneys who represent the	3719
petitioner in the proceeding pursuant to the appointment, whether	3720
an assistant joint county defender or the joint county public	3721
defender, shall be certified under Rule 65 20 of the Rules of	3722
Superintendence for Common Pleas the Courts of Ohio to represent	3723
indigent defendants charged with or convicted of an offense for	3724
which the death penalty can be or has been imposed.	3725

Sec. 120.33.  (A) In lieu of using a county public defender	3726
or joint county public defender to represent indigent persons in	3727
the proceedings set forth in division (A) of section 120.16 of the	3728
Revised Code, the board of county commissioners of any county may	3729
adopt a resolution to pay counsel who are either personally	3730
selected by the indigent person or appointed by the court. The	3731
resolution shall include those provisions the board of county	3732
commissioners considers necessary to provide effective	3733
representation of indigent persons in any proceeding for which	3734
counsel is provided under this section. The resolution shall	3735
include provisions for contracts with any municipal corporation	3736
under which the municipal corporation shall reimburse the county	3737
for counsel appointed to represent indigent persons charged with	3738
violations of the ordinances of the municipal corporation.	3739

(1) In a county that adopts a resolution to pay counsel, an	3740
indigent person shall have the right to do either of the	3741
following:	3742

(a) To select the person's own personal counsel to represent	3743
the person in any proceeding included within the provisions of the	3744
resolution;	3745

(b) To request the court to appoint counsel to represent the	3746
person in such a proceeding.	3747

(2) The court having jurisdiction over the proceeding in a	3748
county that adopts a resolution to pay counsel shall, after	3749
determining that the person is indigent and entitled to legal	3750
representation under this section, do either of the following:	3751

(a) By signed journal entry recorded on its docket, enter	3752
the name of the lawyer selected by the indigent person as counsel	3753
of record;	3754

(b) Appoint counsel for the indigent person if the person	3755
has requested the court to appoint counsel and, by signed journal	3756
entry recorded on its dockets, enter the name of the lawyer	3757
appointed for the indigent person as counsel of record.	3758

(3) The board of county commissioners shall establish a	3759
schedule of fees by case or on an hourly basis to be paid to	3760
counsel for legal services provided pursuant to a resolution	3761
adopted under this section. Prior to establishing the schedule,	3762
the board of county commissioners shall request the bar	3763
association or associations of the county to submit a proposed	3764
schedule. The schedule submitted shall be subject to the review,	3765
amendment, and approval of the board of county commissioners.	3766

(4) Counsel selected by the indigent person or appointed by	3767
the court at the request of an indigent person in a county that	3768
adopts a resolution to pay counsel, except for counsel appointed	3769
to represent a person charged with any violation of an ordinance	3770
of a municipal corporation that has not contracted with the county	3771
commissioners for the payment of appointed counsel, shall be paid	3772
by the county and shall receive the compensation and expenses the	3773
court approves. Each request for payment shall be accompanied by	3774
a financial disclosure form and an affidavit of indigency that are	3775
completed by the indigent person on forms prescribed by the state	3776
public defender. Compensation and expenses shall not exceed the	3777
amounts fixed by the board of county commissioners in the schedule	3778
adopted pursuant to division (A)(3) of this section. No court	3779
shall approve compensation and expenses that exceed the amount	3780
fixed pursuant to division (A)(3) of this section.	3781

The fees and expenses approved by the court shall not be	3782
taxed as part of the costs and shall be paid by the county.	3783
However, if the person represented has, or may reasonably be	3784
expected to have, the means to meet some part of the cost of the	3785
services rendered to the person, the person shall pay the county	3786
an amount that the person reasonably can be expected to pay.	3787
Pursuant to section 120.04 of the Revised Code, the county shall	3788
pay to the state public defender a percentage of the payment	3789
received from the person in an amount proportionate to the	3790
percentage of the costs of the person's case that were paid to the	3791
county by the state public defender pursuant to this section. The	3792
money paid to the state public defender shall be credited to the	3793
client payment fund created pursuant to division (B)(5) of section	3794
120.04 of the Revised Code.	3795

The county auditor shall draw a warrant on the county	3796
treasurer for the payment of counsel in the amount fixed by the	3797
court, plus the expenses the court fixes and certifies to the	3798
auditor. The county auditor shall report periodically, but not	3799
less than annually, to the board of county commissioners and to	3800
the Ohio public defender commission the amounts paid out pursuant	3801
to the approval of the court. The board of county commissioners,	3802
after review and approval of the auditor's report, may then	3803
certify it to the state public defender for reimbursement. If a	3804
request for reimbursement is not accompanied by a financial	3805
disclosure form and an affidavit of indigency completed by the	3806
indigent person on forms prescribed by the state public defender,	3807
the state public defender shall not pay the requested	3808
reimbursement. If a request for the reimbursement of the cost of	3809
counsel in any case is not received by the state public defender	3810
within ninety days after the end of the calendar month in which	3811
the case is finally disposed of by the court, unless the county	3812
has requested and the state public defender has granted an	3813
extension of the ninety-day limit, the state public defender shall	3814
not pay the requested reimbursement. The state public defender	3815
shall also review the report and, in accordance with the	3816
standards, guidelines, and maximums established pursuant to	3817
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	3818
prepare a voucher for fifty per cent of the total cost of each	3819
county appointed counsel system in the period of time covered by	3820
the certified report and a voucher for fifty per cent of the costs	3821
and expenses that are reimbursable under section 120.35 of the	3822
Revised Code, if any, or, if the amount of money appropriated by	3823
the general assembly to reimburse counties for the operation of	3824
county public defender offices, joint county public defender	3825
offices, and county appointed counsel systems is not sufficient to	3826
pay fifty per cent of the total cost of all of the offices and	3827
systems other than costs and expenses that are reimbursable under	3828
section 120.35 of the Revised Code, for the lesser amount required	3829
by section 120.34 of the Revised Code.	3830

(5) If any county appointed counsel system fails to maintain	3831
the standards for the conduct of the system established by the	3832
rules of the Ohio public defender commission pursuant to divisions	3833
(B) and (C) of section 120.03 or the standards established by the	3834
state public defender pursuant to division (B)(7) of section	3835
120.04 of the Revised Code, the Ohio public defender commission	3836
shall notify the board of county commissioners of the county that	3837
the county appointed counsel system has failed to comply with its	3838
rules or the standards of the state public defender. Unless the	3839
board of county commissioners corrects the conduct of its	3840
appointed counsel system to comply with the rules and standards	3841
within ninety days after the date of the notice, the state public	3842
defender may deny all or part of the county's reimbursement from	3843
the state provided for in division (A)(4) of this section.	3844

(B) In lieu of using a county public defender or joint	3845
county public defender to represent indigent persons in the	3846
proceedings set forth in division (A) of section 120.16 of the	3847
Revised Code, and in lieu of adopting the resolution and following	3848
the procedure described in division (A) of this section, the board	3849
of county commissioners of any county may contract with the state	3850
public defender for the state public defender's legal	3851
representation of indigent persons. A contract entered into	3852
pursuant to this division may provide for payment for the services	3853
provided on a per case, hourly, or fixed contract basis.	3854

(C) If a court appoints an attorney pursuant to this section	3855
to represent a petitioner in a postconviction relief proceeding	3856
under section 2953.21 of the Revised Code, the petitioner has	3857
received a sentence of death, and the proceeding relates to that	3858
sentence, the attorney who represents the petitioner in the	3859
proceeding pursuant to the appointment shall be certified under	3860
Rule 65 20 of the Rules of Superintendence for Common Pleas the	3861
Courts of Ohio to represent indigent defendants charged with or	3862
convicted of an offense for which the death penalty can be or has	3863
been imposed.	3864

Sec. 121.04.  Offices are created within the several	3865
departments as follows:	3866

In the department of commerce:

3867

In the department of administrative services:

3876

In the department of agriculture:

3879

Chiefs of divisions as follows:

3880

In the department of natural resources:

3892

Chiefs of divisions as follows:

3893

In the department of insurance:

3907

Sec. 121.371.  There is hereby created the wellness block	3912
grant program. The Ohio family and children first cabinet council	3913
shall oversee the program, and the children's trust fund board,	3914
created by section 3109.15 of the Revised Code, shall serve as the	3915
program's administrative agent. The board and the cabinet council	3916
and shall establish guidelines and objectives for operating the	3917
wellness block grant program. A representative of the family and	3918
children first cabinet council and the chairperson of the	3919
children's trust fund board shall resolve any disagreements	3920
concerning the duties of the council and the board under this	3921
section The department of job and family services shall serve as	3922
the program's administrative agent.	3923

The children's trust fund board may accept gifts, donations,	3924
grants, or other moneys for the wellness block grant program from	3925
any source. The board shall use the funds received to make block	3926
grants to county family and children first councils. The amount	3927
of funds for the wellness program to be granted allocated to each	3928
county council department of job and family services shall be	3929
determined by the board and the cabinet council. To cover	3930
administrative expenses, the board may use in each state fiscal	3931
year an amount not to exceed one per cent of the total amount	3932
available for the program in that year.	3933

County councils departments of job and family services shall	3934
use the funds they receive through allocated for the wellness	3935
block grants program to fund community-based programs of	3936
prevention services that address issues of broad social concern,	3937
as determined by the cabinet council and the board, and to fund	3938
state-directed training, evaluation, and education programs	3939
pertaining to the issues being addressed. Each county council	3940
shall submit to the board a program and fiscal plan that outlines	3941
its proposal for expenditure of its block grant and shall, after	3942
consulting with the board of county commissioners, designate a	3943
fiscal agent to receive the block grant.	3944

As requested by the board on behalf of the cabinet council,	3945
each county council shall submit program and fiscal accountings	3946
regarding the use of its block grant. The board and the cabinet	3947
council shall establish criteria for assessing a county council's	3948
department's progress in achieving the goals objectives of the	3949
wellness block grant program. If a county council department of	3950
job and family services does not operate in accordance with the	3951
program guidelines and criteria established by the board and the	3952
cabinet council, the board and the cabinet council may revise the	3953
allocation of funds that the county council department of job and	3954
family services receives.	3955

The board shall prepare an annual report detailing the	3956
results of the program. The report shall be submitted to the	3957
governor, the president and minority leader of the senate, and the	3958
speaker and minority leader of the house of representatives.	3959

Sec. 121.40.  (A) There is hereby created the governor's	3960
Ohio community service council consisting of twenty-one members	3961
including the superintendent of public instruction or the	3962
superintendent's designee, the chancellor of the Ohio board of	3963
regents or the chancellor's designee, the director of natural	3964
resources or the director's designee, the director of youth	3965
services or the director's designee, the director of aging or the	3966
director's designee, the director of job and family services or	3967
the director's designee, the chairperson of the committee of the	3968
house of representatives dealing with education or the	3969
chairperson's designee, the chairperson of the committee of the	3970
senate dealing with education or the chairperson's designee, and	3971
thirteen members who shall be appointed by the governor with the	3972
advice and consent of the senate and who shall serve terms of	3973
office of three years. The appointees shall include educators,	3974
including teachers and administrators; representatives of youth	3975
organizations; students and parents; representatives of	3976
organizations engaged in volunteer program development and	3977
management throughout the state, including youth and conservation	3978
programs; and representatives of business, government, nonprofit	3979
organizations, social service agencies, veterans organizations,	3980
religious organizations, or philanthropies that support or	3981
encourage volunteerism within the state. Members of the council	3982
shall receive no compensation, but shall be reimbursed for actual	3983
and necessary expenses incurred in the performance of their	3984
official duties.	3985

(B) The council shall appoint an executive director for the	3986
council, who shall be in the unclassified civil service. The	3987
executive director shall supervise the council's activities and	3988
report to the council on the progress of those activities. The	3989
executive director shall do all things necessary for the efficient	3990
and effective implementation of the duties of the council.	3991

The responsibilities assigned to the executive director do	3992
not relieve the members of the council from final responsibility	3993
for the proper performance of the requirements of this division	3994
section.	3995

(C) The council or its designee shall do all of the	3996
following:	3997

(1) Employ, promote, supervise, and remove all employees as	3998
needed in connection with the performance of its duties under this	3999
section and may assign duties to those employees as necessary to	4000
achieve the most efficient performance of its functions, and to	4001
that end may establish, change, or abolish positions, and assign	4002
and reassign duties and responsibilities of any employee of the	4003
council. Personnel employed by the council who are subject to	4004
Chapter 4117. of the Revised Code shall retain all of their rights	4005
and benefits conferred pursuant to that chapter. Nothing in this	4006
chapter shall be construed as eliminating or interfering with	4007
Chapter 4117. of the Revised Code or the rights and benefits	4008
conferred under that chapter to public employees or to any	4009
bargaining unit.	4010

(2) Maintain its office in Columbus, and may hold sessions	4011
at any place within the state;	4012

(3) Acquire facilities, equipment, and supplies necessary to	4013
house the council, its employees, and files and records under its	4014
control, and to discharge any duty imposed upon it by law. The	4015
expense of these acquisitions shall be audited and paid for in the	4016
same manner as other state expenses. For that purpose, the	4017
council shall prepare and submit to the office of budget and	4018
management a budget for each biennium according to sections	4019
101.532 and 107.03 of the Revised Code. The budget submitted	4020
shall cover the costs of the council and its staff in the	4021
discharge of any duty imposed upon the council by law. The	4022
council shall not delegate any authority to obligate funds.	4023

(4) Pay its own payroll and other operating expenses from	4024
line items designated by the general assembly;	4025

(5) Retain its fiduciary responsibility as appointing	4026
authority. Any transaction instructions shall be certified by the	4027
appointing authority or its designee.	4028

(6) Establish the overall policy and management of the	4029
council in accordance with this chapter;	4030

(7) Assist in coordinating and preparing the state	4031
application for funds under sections 101 to 184 of the "National	4032
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	4033
U.S.C.A. 12411 to 12544, and amendments thereto as amended, assist	4034
in administering and overseeing the "National and Community	4035
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the	4036
americorps program in this state, and assist in developing	4037
objectives for a comprehensive strategy to encourage and expand	4038
community service programs throughout the state;	4039

(8) Assist the state board of education, school districts,	4040
the board of regents, and institutions of higher education in	4041
coordinating community service education programs through	4042
cooperative efforts between institutions and organizations in the	4043
public and private sectors;	4044

(9) Assist the departments of natural resources, youth	4045
services, aging, and job and family services in coordinating	4046
community service programs through cooperative efforts between	4047
institutions and organizations in the public and private sectors;	4048

(10) Suggest individuals and organizations that are	4049
available to assist school districts, institutions of higher	4050
education, and the departments of natural resources, youth	4051
services, aging, and job and family services in the establishment	4052
of community service programs and assist in investigating sources	4053
of funding for implementing such these programs;	4054

(11) Assist in evaluating the state's efforts in providing	4055
community service programs using standards and methods that are	4056
consistent with any statewide objectives for such these programs	4057
and provide information to the state board of education, school	4058
districts, the board of regents, institutions of higher education,	4059
and the departments of natural resources, youth services, aging,	4060
and job and family services to guide them in making decisions	4061
about these programs;	4062

(12) Assist the state board of education in complying with	4063
section 3301.70 of the Revised Code and the board of regents in	4064
complying with division (B)(2) of section 3333.043 of the Revised	4065
Code.	4066

(D) The department of aging shall serve as the council's	4067
fiscal agent. Beginning on July 1, 1997, whenever reference is	4068
made in any law, contract, or document to the functions of the	4069
department of youth services as fiscal agent to the council, the	4070
reference shall be deemed to refer to the department of aging. The	4071
department of aging shall have no responsibility for or obligation	4072
to the council prior to July 1, 1997. Any validation, cure,	4073
right, privilege, remedy, obligation, or liability shall be	4074
retained by the council.	4075

As used in this section, "fiscal agent" means technical	4076
support and includes the following technical support services:	4077

(1) Preparing and processing payroll and other personnel	4078
documents that the council executes as the appointing authority.	4079
The department of aging shall not approve any payroll or other	4080
personnel-related documents.	4081

(2) Maintaining ledgers of accounts and reports of account	4082
balances, and monitoring budgets and allotment plans in	4083
consultation with the council. The department shall not approve	4084
any biennial budget, grant, expenditure, audit, or fiscal-related	4085
document.	4086

(3) Performing other routine support services that the	4087
director of aging or the director's designee and the council or	4088
its designee consider appropriate to achieve efficiency.	4089

(E) The council or its designee has the following authority	4090
and responsibility relative to fiscal matters:	4091

(1) Sole authority to draw funds for any and all federal	4092
programs in which the council is authorized to participate;	4093

(2) Sole authority to expend funds from their accounts for	4094
programs and any other necessary expenses the council may incur	4095
and its subgrantees may incur;	4096

(3) Responsibility to cooperate with and inform the	4097
department of aging as fiscal agent to ensure that the department	4098
is fully apprised of all financial transactions.	4099

The council shall follow all state procurement requirements.

4100

The department of aging shall determine fees to be charged to	4101
the council, which shall be in proportion to the services	4102
performed for the council.	4103

The council shall pay fees owed to the department of aging	4104
from a general revenue fund of the council or from any other fund	4105
from which the operating expenses of the council are paid. Any	4106
amounts set aside for a fiscal year for the payment of such these	4107
fees shall be used only for the services performed for the council	4108
by the department of aging in that fiscal year.	4109

Sec. 121.63.  (A) Each executive agency lobbyist and each	4110
employer shall file with the joint legislative ethics committee,	4111
with the updated registration statement required by division (B)	4112
of section 121.62 of the Revised Code, a statement of expenditures	4113
as specified in divisions (B) and (C) of this section. An	4114
executive agency lobbyist shall file a separate statement of	4115
expenditures under this section for each employer that engages him	4116
the executive agency lobbyist.	4117

(B)(1) In addition to the information required by divisions	4118
(B)(2) and (3) of this section, a statement filed by an executive	4119
agency lobbyist shall show the total amount of expenditures made	4120
during the reporting period covered by the statement by the	4121
executive agency lobbyist.	4122

(2) If, during a reporting period covered by a statement, an	4123
employer or any executive agency lobbyist he the employer engaged	4124
made, either separately or in combination with each other,	4125
expenditures to, at the request of, for the benefit of, or on	4126
behalf of a particular elected executive official, the director of	4127
a department created under section 121.02 of the Revised Code, a	4128
particular executive agency official, or a particular member of	4129
the staff of any public officer listed in division (B)(2) of this	4130
section, the employer or executive agency lobbyist also shall	4131
state the name of the public officer or employee to whom, at whose	4132
request, for whose benefit, or on whose behalf the expenditures	4133
were made, the total amount of the expenditures made, a brief	4134
description of the expenditures made, the approximate date the	4135
expenditures were made, the executive agency decision, if any,	4136
sought to be influenced, and the identity of the client on whose	4137
behalf the expenditure was made.	4138

As used in division (B)(2) of this section, "expenditures"	4139
does not include expenditures made by an executive agency lobbyist	4140
as payment for meals and other food and beverages.	4141

(3) If, during a reporting period covered by a statement, an	4142
executive agency lobbyist made expenditures as payment for meals	4143
and other food and beverages, other than for meals and other food	4144
and beverages provided at a meeting at which the person	4145
participated in a panel, seminar, or speaking engagement or at a	4146
meeting or convention of a national organization to which either	4147
house of the general assembly, any legislative agency, or any	4148
other state agency or any state institution of higher education as	4149
defined in section 3345.031 of the Revised Code pays membership	4150
dues, that, when added to the amount of previous payments made for	4151
meals and other food and beverages by that executive agency	4152
lobbyist during that same calendar year, exceeded a total of fifty	4153
dollars to, at the request of, for the benefit of, or on behalf of	4154
a particular elected executive official, the director of a	4155
department created under section 121.02 of the Revised Code, a	4156
particular executive agency official, or any particular member of	4157
the staff of any of the public officers or employees listed in	4158
division (B)(3) of this section, then the executive agency	4159
lobbyist shall also state regarding those expenditures the name of	4160
the public officer or employee to whom, at whose request, for	4161
whose benefit, or on whose behalf the expenditures were made, the	4162
total amount of the expenditures made, a brief description of the	4163
expenditures made, the approximate date the expenditures were	4164
made, the executive agency decision, if any, sought to be	4165
influenced, and the identity of the client on whose behalf the	4166
expenditure was made.	4167

(C) In addition to the information required by divisions	4168
(B)(2) and (3) of this section, a statement filed by an employer	4169
shall show the total amount of expenditures made by the employer	4170
filing the statement during the period covered by the statement.	4171
As used in this section, "expenditures" does not include the	4172
expenses of maintaining office facilities, or the compensation	4173
paid to executive agency lobbyists engaged to influence executive	4174
agency decisions or conduct executive agency lobbying activity.	4175

No employer shall be required to show any expenditure on a	4176
statement filed under this division if the expenditure is reported	4177
on a statement filed under division (B)(1), (2), or (3) of this	4178
section by an executive agency lobbyist engaged by the employer.	4179

(D) Any statement required to be filed under this section	4180
shall be filed at the times specified in section 121.62 of the	4181
Revised Code. Each statement shall cover expenditures made during	4182
the four-calendar-month period that ended on the last day of the	4183
month immediately preceding the month in which the statement is	4184
required to be filed.	4185

(E) If it is impractical or impossible for an executive	4186
agency lobbyist or employer to determine exact dollar amounts or	4187
values of expenditures, reporting of good faith estimates, based	4188
on reasonable accounting procedures, constitutes compliance with	4189
this division.	4190

(F) Executive agency lobbyists and employers shall retain	4191
receipts or maintain records for all expenditures that are	4192
required to be reported pursuant to this section. These receipts	4193
or records shall be maintained for a period ending on the	4194
thirty-first day of December of the second calendar year after the	4195
year in which the expenditure was made.	4196

(G)(1) At least ten days before the date on which the	4197
statement is filed, each employer or executive agency lobbyist who	4198
is required to file an expenditure statement under division (B)(2)	4199
or (3) of this section shall deliver a copy of the statement, or	4200
the portion showing the expenditure, to the public officer or	4201
employee who is listed in the statement as having received the	4202
expenditure or on whose behalf it was made.	4203

(2) If, during a reporting period covered by an expenditure	4204
statement filed under division (B)(2) of this section, an employer	4205
or any executive agency lobbyist he the employer engaged made,	4206
either separately or in combination with each other, either	4207
directly or indirectly, expenditures for an honorarium or for	4208
transportation, lodging, or food and beverages purchased for	4209
consumption on the premises in which the food and beverages were	4210
sold to, at the request of, for the benefit or, or on behalf of	4211
any of the public officers or employees described in division	4212
(B)(2) of this section, the employer or executive agency lobbyist	4213
shall deliver to the public officer or employee a statement that	4214
contains all of the nondisputed information prescribed in division	4215
(B)(2) of this section with respect to the expenditures described	4216
in division (G)(2) of this section. The statement of expenditures	4217
made under division (G)(2) of this section shall be delivered to	4218
the public officer or employee to whom, at whose request, for	4219
whose benefit, or on whose behalf those expenditures were made on	4220
the same day in which a copy of the expenditure statement or of a	4221
portion showing the expenditure is delivered to the public officer	4222
or employee under division (G)(1) of this section. An employer is	4223
not required to show any expenditure on a statement delivered	4224
under division (G)(2) of this section if the expenditure is shown	4225
on a statement delivered under division (G)(2) of this section by	4226
a legislative agent engaged by the employer.	4227

Sec. 122.011.  (A) The department of development shall	4228
develop and promote plans and programs designed to assure that	4229
state resources are efficiently used, economic growth is properly	4230
balanced, community growth is developed in an orderly manner, and	4231
local governments are coordinated with each other and the state,	4232
and for such purposes may do all of the following:	4233

(1) Serve as a clearinghouse for information, data, and	4234
other materials that may be helpful or necessary to persons or	4235
local governments, as provided in section 122.07 of the Revised	4236
Code;	4237

(2) Prepare and activate plans for the retention,	4238
development, expansion, and use of the resources and commerce of	4239
the state, as provided in section 122.04 of the Revised Code;	4240

(3) Assist and cooperate with federal, state, and local	4241
governments and agencies of federal, state, and local governments	4242
in the coordination of programs to carry out the functions and	4243
duties of the department;	4244

(4) Encourage and foster research and development	4245
activities, conduct studies related to the solution of community	4246
problems, and develop recommendations for administrative or	4247
legislative actions, as provided in section 122.03 of the Revised	4248
Code;	4249

(5) Serve as the economic and community development planning	4250
agency, which shall prepare and recommend plans and programs for	4251
the orderly growth and development of this state and which shall	4252
provide planning assistance, as provided in section 122.06 of the	4253
Revised Code;	4254

(6) Cooperate with and provide technical assistance to state	4255
departments, political subdivisions, regional and local planning	4256
commissions, tourist associations, councils of government,	4257
community development groups, community action agencies, and other	4258
appropriate organizations for carrying out the functions and	4259
duties of the department or for the solution of community	4260
problems;	4261

(7) Coordinate the activities of state agencies that have an	4262
impact on carrying out the functions and duties of the department;	4263

(8) Encourage and assist the efforts of and cooperate with	4264
local governments to develop mutual and cooperative solutions to	4265
their common problems that relate to carrying out the purposes of	4266
this section;	4267

(9) Study existing structure, operations, and financing of	4268
regional or local government and those state activities that	4269
involve significant relations with regional or local governmental	4270
units, recommend to the governor and to the general assembly such	4271
changes in these provisions and activities as will improve the	4272
operations of regional or local government, and conduct other	4273
studies of legal provisions that affect problems related to	4274
carrying out the purposes of this section;	4275

(10) Appoint, with the approval of the governor, technical	4276
and other advisory councils as it considers appropriate, as	4277
provided in section 122.09 of the Revised Code;	4278

(11) Create and operate a division of community development	4279
to develop and administer programs and activities that are	4280
authorized by federal statute or the Revised Code;	4281

(12) Until July 1, 2001, review, analyze, and summarize	4282
applications and information regarding the family farm loan	4283
program forwarded to the department by a financial institution	4284
pursuant to section 901.81 of the Revised Code, and forward the	4285
applications, information, analyses, and summaries to the director	4286
of agriculture;	4287

(13) Until July 1, 2001 2003, establish fees and charges, in	4288
consultation with the director of agriculture, for purchasing	4289
loans from financial institutions and providing loan guarantees	4290
under the family farm loan program created under sections 901.80	4291
to 901.83 of the Revised Code;	4292

(14)(13) Provide loan servicing for the loans purchased and	4293
loan guarantees provided under section 901.80 of the Revised Code	4294
as that section existed prior to July 1, 2001 2003;	4295

(15)(14) Until July 1, 2001 2003, and upon approval by the	4296
controlling board under division (A)(3) of section 901.82 of the	4297
Revised Code of the release of money to be used for purchasing a	4298
loan or providing a loan guarantee, request the release of that	4299
money in accordance with division (B) of section 166.03 of the	4300
Revised Code for use for the purposes of the fund created by	4301
section 166.031 of the Revised Code.	4302

(B) The department, by rule, shall establish criteria	4303
defining nonprofit corporations that are eligible for appointment	4304
as qualified agents pursuant to sections 135.81 to 135.88 of the	4305
Revised Code. The criteria shall require that a corporation be	4306
organized pursuant to Chapter 1702. of the Revised Code and have	4307
as its primary purpose the promotion of economic development or	4308
the creation or retention of jobs and job opportunities. The	4309
criteria may include a specification as to the professional	4310
qualifications of the corporation employees, a minimum elapsed	4311
period of time since the corporation was organized, current and	4312
former activities of the corporation, and such other criteria	4313
reasonably related to the foregoing that relate to the ability of	4314
the corporation to act as a qualified agent for the purposes of	4315
sections 135.51 135.81 to 135.88 of the Revised Code.	4316

(C) The director of development may request the attorney	4317
general to, and the attorney general, in accordance with section	4318
109.02 of the Revised Code, shall bring a civil action in any	4319
court of competent jurisdiction. The director may be sued in the	4320
director's official capacity, in connection with this chapter, in	4321
accordance with Chapter 2743. of the Revised Code.	4322

Sec. 122.60.  As used in sections 122.60 to 122.605 of the	4323
Revised Code:	4324

(A) "Capital access loan" means a loan made by a	4325
participating financial institution to an eligible business that	4326
may be secured by a deposit of money from the fund into the	4327
participating financial institution's program reserve account.	4328

(B) "Department" means the department of development.

4329

(C) "Eligible business" means a for-profit business entity	4330
that had total annual sales in its most recently completed fiscal	4331
year of less than ten million dollars and that has a principal	4332
place of business within the state, the operation of which, alone	4333
or in conjunction with other facilities, will create new jobs or	4334
preserve existing jobs and employment opportunities and will	4335
improve the economic welfare of the people of the state. As used	4336
in this division, "new jobs" does not include existing jobs	4337
transferred from another facility within the state, and "existing	4338
jobs" means only existing jobs at facilities within the same	4339
municipal corporation or township in which the project, activity,	4340
or enterprise that is the subject of a capital access loan is	4341
located.	4342

(D) "Financial institution" means any bank, trust company,	4343
savings bank, or savings and loan association that is chartered by	4344
and has a significant presence in the state, or any national bank,	4345
federal savings and loan association, or federal savings bank that	4346
has a significant presence in the state.	4347

(E) "Fund" means the capital access loan program fund.

4348

(F) "Participating financial institution" means a financial	4349
institution that has a valid, current participation agreement with	4350
the department.	4351

(G) "Participation agreement" means the agreement between a	4352
financial institution and the department under which a financial	4353
institution may participate in the program.	4354

(H) "Passive real estate ownership" means the ownership of	4355
real estate for the sole purpose of deriving income from it by	4356
speculation, trade, or rental.	4357

(I) "Program" means the capital access loan program created	4358
under section 122.602 of the Revised Code.	4359

(J) "Program reserve account" means a dedicated account at	4360
each participating financial institution that is the property of	4361
the state and may be used by the participating financial	4362
institution only for the purpose of recovering a claim under	4363
section 122.604 of the Revised Code arising from a default on a	4364
loan made by the participating financial institution under the	4365
program.	4366

Sec. 122.601.  There is hereby created in the state treasury	4367
the capital access loan program fund. The fund shall consist of	4368
money deposited into it from the facilities establishment fund	4369
pursuant to section 166.03 of the Revised Code and all money	4370
deposited into it pursuant to section 122.602 of the Revised Code.	4371
The total amount of money deposited into the fund from the	4372
facilities establishment fund shall not exceed three million	4373
dollars during any particular fiscal year of the department.	4374

The department shall disburse money from the capital access	4375
loan program fund only to pay the operating costs of the program	4376
and only in keeping with the purposes specified in sections 122.60	4377
to 122.605 of the Revised Code.	4378

Sec. 122.602.  (A) There is hereby created in the department	4379
of development the capital access loan program to assist	4380
participating financial institutions in making program loans to	4381
eligible businesses that face barriers in accessing working	4382
capital and obtaining fixed asset financing. In administering the	4383
program, the director of development may do any of the following:	4384

(1) Receive and accept grants, gifts, and contributions of	4385
money, property, labor, and other things of value to be held,	4386
used, and applied only for the purpose for which the grants, gifts	4387
and contributions are made, from individuals, private and public	4388
corporations, the United States or any agency of the United	4389
States, the state or any agency of the state, or any political	4390
subdivision of the state; agree to repay any contribution of money	4391
or return any property contributed or the value of that property	4392
at the times, in the amounts, and on the terms and conditions,	4393
excluding the payment of interest, that the director consents to	4394
at the time a contribution is made; and evidence obligations by	4395
notes, bonds, or other written instruments;	4396

(2) Adopt rules under Chapter 119. of the Revised Code to	4397
carry out the purposes of the program specified in sections 122.60	4398
to 122.605 of the Revised Code;	4399

(3) Engage in all other acts, and enter into contracts and	4400
execute all instruments, necessary or appropriate to carry out the	4401
purposes specified in sections 122.60 to 122.605 of the Revised	4402
Code.	4403

(B) The director shall determine the eligibility of a	4404
financial institution to participate in the program and may set a	4405
limit on the number of financial institutions that may participate	4406
in the program.	4407

(C) To be considered eligible by the director to participate	4408
in the program, a financial institution shall enter into a	4409
participation agreement with the department that sets out the	4410
terms and conditions under which the department will deposit	4411
moneys from the fund into the financial institution's program	4412
reserve account, specifies the criteria for loan qualification	4413
under the program, and contains any additional terms the director	4414
considers necessary.	4415

(D) After receiving the certification required under	4416
division (C) of section 122.603 of the Revised Code, the director	4417
shall disburse moneys from the fund to a participating financial	4418
institution for deposit in its program reserve account if the	4419
director determines that the capital access loan involved meets	4420
all of the following criteria:	4421

(1) It will be made to an eligible business.

4422

(2) It will be used by the eligible business for a project,	4423
activity, or enterprise in the state that fosters economic	4424
development.	4425

(3) It will not be made in order to enroll in the program	4426
prior debt that is not covered under the program and that is owed	4427
or was previously owed by an eligible business to the financial	4428
institution.	4429

(4) It will not be utilized for a project or development	4430
related to the on-site construction or purchase of residential	4431
housing.	4432

(5) It will not be used to finance passive real estate	4433
ownership.	4434

(6) It conforms to the requirements of divisions (E), (F),	4435
(G), (H), and (I) of this section, and to the rules adopted by the	4436
director under division (A)(2) of this section.	4437

(E) The director shall not approve a capital access loan to	4438
an eligible business that exceeds two hundred fifty thousand	4439
dollars for working capital or five hundred thousand dollars for	4440
the purchase of fixed assets. An eligible business may apply for	4441
the maximum amount for both working capital and the purchase of	4442
fixed assets in the same capital access loan.	4443

(F) A financial institution may apply to the director for	4444
the approval of a capital access loan to any business that is	4445
owned or operated by a person that has previously defaulted under	4446
any state financial assistance program.	4447

(G) Eligible businesses that apply for a capital access loan	4448
shall comply with section 9.66 of the Revised Code.	4449

(H) A financial institution may apply to the director for	4450
the approval of a capital access loan that refinances a nonprogram	4451
loan made by another financial institution.	4452

(I) The director shall not approve a capital access loan	4453
that refinances a nonprogram loan made by the same financial	4454
institution, unless the amount of the refinanced loan exceeds the	4455
existing debt, in which case only the amount exceeding the	4456
existing debt is eligible for a loan under the program.	4457

Sec. 122.603.  (A)(1) Upon approval by the director of	4458
development and after entering into a participation agreement with	4459
the department, a participating financial institution making a	4460
capital access loan shall establish a program reserve account. The	4461
account shall be an interest-bearing account and shall contain	4462
only moneys deposited into it under the program and the interest	4463
payable on the moneys in the account.	4464

(2) All interest payable on the moneys in the program	4465
reserve account shall be added to the moneys and held as an	4466
additional loss reserve. The director may require that a portion	4467
or all of the accrued interest so held in the account be released	4468
to the department. If the director causes a release of accrued	4469
interest, the director shall deposit the released amount into the	4470
fund. The director shall not require the release of accrued	4471
interest more than twice in a fiscal year.	4472

(B) When a participating financial institution makes a	4473
capital access loan, it shall require the eligible business to pay	4474
to the participating financial institution a fee in an amount that	4475
is not less than one and one-half per cent, and not more than	4476
three per cent, of the principal amount of the loan. The	4477
participating financial institution shall deposit the fee into its	4478
program reserve account, and it also shall deposit into the	4479
account an amount of its own funds equal to the amount of the fee.	4480
The participating financial institution may recover from the	4481
eligible business all or part of the amount that the participating	4482
financial institution is required to deposit into the account	4483
under this division in any manner agreed to by the participating	4484
financial institution and the eligible business.	4485

(C) For each capital access loan made by a participating	4486
financial institution, the participating financial institution	4487
shall certify to the director, within a period specified by the	4488
director, that the participating financial institution has made	4489
the loan. The certification shall include the amount of the loan,	4490
the amount of the fee received from the eligible business, the	4491
amount of its own funds that the participating financial	4492
institution deposited into its program reserve account to reflect	4493
that fee, and any other information specified by the director.	4494

(D) On receipt of a certification made under division (C) of	4495
this section and subject to section 122.602 of the Revised Code,	4496
the director shall disburse to the participating financial	4497
institution from the fund an amount equal to ten per cent of the	4498
principal amount of the particular capital access loan for deposit	4499
into the participating financial institution's program reserve	4500
account. The disbursement of moneys from the fund to a	4501
participating financial institution does not require approval from	4502
the controlling board.	4503

(E) If the amount in a program reserve account exceeds an	4504
amount equal to thirty-three per cent of a participating financial	4505
institution's outstanding capital access loans, the department may	4506
cause the withdrawal of the excess amount and the deposit of the	4507
withdrawn amount into the fund.	4508

(F)(1) The department may cause the withdrawal of the	4509
total amount in a participating financial institution's program	4510
reserve account if any of the following applies:	4511

(a) The financial institution is no longer eligible to	4512
participate in the program.	4513

(b) The participation agreement expires without renewal by	4514
the department or the financial institution.	4515

(c) The financial institution has no outstanding capital	4516
access loans.	4517

(d) The financial institution has not made a capital access	4518
loan within the preceding twenty-four months.	4519

(2) If the department causes a withdrawal under division	4520
(F)(1) of this section, the department shall deposit the withdrawn	4521
amount into the fund.	4522

Sec. 122.604.  (A) If a participating financial institution	4523
determines that a portion or all of a capital access loan is	4524
uncollectible, it may submit a claim to the department for	4525
approval of the release of moneys from its program reserve	4526
account.	4527

(B) The claim may include the amount of principal plus	4528
accrued interest owed. The amount of principal included in the	4529
claim may not exceed the principal amount covered by the program.	4530
The amount of accrued interest included in the claim may not	4531
exceed the accrued interest attributable to the covered principal	4532
amount.	4533

(C) The participating financial institution shall determine	4534
the timing and amount of delinquency on a capital access loan in a	4535
manner consistent with the participating financial institution's	4536
normal method for making these determinations on similar	4537
nonprogram loans.	4538

(D) If the participating financial institution files two or	4539
more claims at the same time or approximately the same time and	4540
there are insufficient funds in its program reserve account at	4541
that time to cover the entire amount of the claims, the	4542
participating financial institution may specify an order of	4543
priority in which the department shall approve the release of	4544
funds from the account in relation to the claims.	4545

(E) If subsequent to the payment of a claim, a participating	4546
financial institution recovers from an eligible business any	4547
amount covered by the paid claim, the participating financial	4548
institution shall promptly deposit the amount recovered into its	4549
program reserve account, less any reasonable expenses incurred.	4550

Sec. 122.605.  Each participating financial institution shall	4551
submit an annual report to the department on or before the	4552
thirty-first day of March of each year. The report shall include	4553
or be accompanied by all of the following:	4554

(A) Information regarding the participating financial	4555
institution's outstanding capital access loans, its capital access	4556
loan losses, and other related matters that the department	4557
considers appropriate;	4558

(B) A statement of the total amount of the participating	4559
financial institution's capital access loans for which the	4560
department has made disbursements from the fund under the program;	4561

(C) A copy of the participating financial institution's most	4562
recent financial statement.	4563

Sec. 122.71.  As used in sections 122.71 to 122.83 of the	4564
Revised Code:	4565

(A) "Financial institution" means any banking corporation,	4566
trust company, insurance company, savings and loan association,	4567
building and loan association, or corporation, partnership,	4568
federal lending agency, foundation, or other institution engaged	4569
in lending or investing funds for industrial or business purposes.	4570

(B) "Project" means any real or personal property connected	4571
with or being a part of an industrial, distribution, commercial,	4572
or research facility to be acquired, constructed, reconstructed,	4573
enlarged, improved, furnished, or equipped, or any combination	4574
thereof, with the aid provided under sections 122.71 to 122.83 of	4575
the Revised Code, for industrial, commercial, distribution, and	4576
research development of the state.	4577

(C) "Mortgage" means the lien imposed on a project by a	4578
mortgage on real property, or by financing statements on personal	4579
property, or a combination of a mortgage and financing statements	4580
when a project consists of both real and personal property.	4581

(D) "Mortgagor" means the principal user of a project or the	4582
person, corporation, partnership, or association unconditionally	4583
guaranteeing performance by the principal user of its obligations	4584
under the mortgage.	4585

(E)(1) "Minority business enterprise" means an individual who	4586
is a United States citizen and owns and controls a business, or a	4587
partnership, corporation, or joint venture of any kind that is	4588
owned and controlled by United States citizens who, which citizen	4589
or citizens are residents of this state or nonresidents of this	4590
state who have a significant presence in this state, and who are	4591
members of one of the following economically disadvantaged groups:	4592
Blacks, American Indians, Hispanics, and Orientals.	4593

(2) "Owned and controlled" means that at least fifty-one per	4594
cent of the business, including corporate stock if a corporation,	4595
is owned by persons who belong to one or more of the groups set	4596
forth in division (E)(1) of this section, and that those owners	4597
have control over the management and day-to-day operations of the	4598
business and an interest in the capital, assets, and profits and	4599
losses of the business proportionate to their percentage of	4600
ownership. In order to qualify as a minority business enterprise,	4601
a business shall have been owned and controlled by those persons	4602
at least one year prior to being awarded a contract pursuant to	4603
this section.	4604

(F) "Community improvement corporation" means a corporation	4605
organized under Chapter 1724. of the Revised Code.	4606

(G) "Ohio development corporation" means a corporation	4607
organized under Chapter 1726. of the Revised Code.	4608

(H) "Minority contractors business assistance organization"	4609
means an entity engaged in the provision of management and	4610
technical business assistance to minority business enterprise	4611
entrepreneurs.	4612

(I) "Minority business supplier development council" means a	4613
nonprofit organization established as an affiliate of the national	4614
minority supplier development council.	4615

Sec. 122.76.  (A) The director of development, with	4616
controlling board approval, may lend funds to minority business	4617
enterprises and to community improvement corporations and, Ohio	4618
development corporations, minority contractors business assistance	4619
organizations, and minority business supplier development	4620
councils for the purpose of loaning funds to minority business	4621
enterprises and for the purpose of procuring or improving real or	4622
personal property, or both, for the establishment, location, or	4623
expansion of industrial, distribution, commercial, or research	4624
facilities in the state, if the director determines, in the	4625
director's sole discretion, that all of the following apply:	4626

(1) The project is economically sound and will benefit the	4627
people of the state by increasing opportunities for employment, by	4628
strengthening the economy of the state, or expanding minority	4629
business enterprises;.	4630

(2) The proposed minority business enterprise borrower is	4631
unable to finance the proposed project through ordinary financial	4632
channels at comparable terms;.	4633

(3) The value of the project is, or, upon completion	4634
thereof, will be, at least equal to the total amount of the money	4635
expended in the procurement or improvement of the project, and of	4636
which amount one or more financial institutions or other	4637
governmental entities have loaned not less than thirty per cent;	4638
of that amount.	4639

(4) The amount to be loaned by the director will not exceed	4640
sixty per cent of the total amount expended in the procurement or	4641
improvement of the project;.	4642

(5) The amount to be loaned by the director will be	4643
adequately secured by a first or second mortgage upon the project,	4644
or by mortgages, leases, liens, assignments, or pledges on or of	4645
other property or contracts as the director requires, and that	4646
such mortgage will not be subordinate to any other liens or	4647
mortgages except the liens securing loans or investments made by	4648
financial institutions referred to in division (A)(3) of this	4649
section, and the liens securing loans previously made by any	4650
financial institution in connection with the procurement or	4651
expansion of all or part of a project.	4652

(B) Any proposed minority business enterprise borrower	4653
submitting an application for assistance under this section shall	4654
not have defaulted on a previous loan from the director, and no	4655
full or limited partner, or major shareholder, or holder of an	4656
equity interest of the proposed minority business enterprise	4657
borrower shall have defaulted on a loan from the director;.	4658

(C) The proposed minority business enterprise borrower shall	4659
demonstrate to the satisfaction of the director that it is able to	4660
successfully compete in the private sector if it obtains the	4661
necessary financial, technical, or managerial support and that	4662
support is available through the director, the minority business	4663
development office of the department of development, or other	4664
identified and acceptable sources. In determining whether a	4665
minority business enterprise borrower will be able to successfully	4666
compete, the director may give consideration to such factors as	4667
the successful completion of or participation in courses of study,	4668
recognized by the board of regents as providing financial,	4669
technical, or managerial skills related to the operation of the	4670
business, by the economically disadvantaged individual, owner, or	4671
partner, and the prior success of the individual, owner, or	4672
partner in personal, career, or business activities, as well as to	4673
other factors identified by the director.	4674

(D) The director shall not lend funds for the purpose of	4675
procuring or improving motor vehicles, power-driven vehicles,	4676
office equipment, raw materials, small tools, supplies,	4677
inventories, or accounts receivable.	4678

Sec. 122.92.  There is hereby created in the department of	4679
development a minority business development division. The	4680
division shall do all of the following:	4681

(A) Provide technical, managerial, and counseling services	4682
and assistance to minority business enterprises;	4683

(B) Provide procurement and bid packaging assistance to	4684
minority business enterprises;	4685

(C) Provide bonding technical assistance to minority	4686
business enterprises;	4687

(D) Participate with other state departments and agencies as	4688
appropriate in developing specific plans and specific program	4689
goals for programs to assist in the establishment and development	4690
of minority business enterprises and establish regular performance	4691
monitoring and reporting systems to ensure that those goals are	4692
being achieved;	4693

(E) Implement state law and policy supporting minority	4694
business enterprise development, and assist in the coordination of	4695
plans, programs, and operations of state government which affect	4696
or may contribute to the establishment, preservation, and	4697
strengthening of minority business enterprises;	4698

(F) Assist in the coordination of activities and resources	4699
of state agencies and local governments, business and trade	4700
associations, universities, foundations, professional	4701
organizations, and volunteer and other groups, to promote the	4702
growth of minority business enterprises;	4703

(G) Establish a center for the development, collection, and	4704
dissemination of information that will be helpful to persons in	4705
establishing or expanding minority business enterprises in this	4706
state;	4707

(H) Design, implement, and assist in experimental and	4708
demonstration projects designed to overcome the special problems	4709
of minority business enterprises;	4710

(I) Coordinate reviews of all proposed state training and	4711
technical assistance activities in direct support of minority	4712
business enterprise programs to ensure consistency with program	4713
goals and to preclude duplication of efforts by other state	4714
agencies;	4715

(J) Recommend appropriate legislative or executive actions	4716
to enhance minority business enterprise opportunities in the	4717
state;	4718

(K) Assist minority business enterprises in obtaining	4719
governmental or commercial financing for business expansion,	4720
establishment of new businesses, or industrial development	4721
projects;	4722

(L) Assist minority business enterprises in contract	4723
procurement from government and commercial sources;	4724

(M) Establish procedures to identify groups who have been	4725
disadvantaged because of racial, cultural, or ethnic circumstances	4726
without regard to the individual qualities of the members of the	4727
group;	4728

(N) Establish procedures to identify persons who have been	4729
economically disadvantaged;	4730

(O) Provide grant assistance to nonprofit entities that	4731
promote economic development, development corporations, community	4732
improvement corporations, and incubator business entities, if the	4733
entities or corporations focus on business, technical, and	4734
financial assistance to minority business enterprises to assist	4735
the enterprises with fixed asset financing;	4736

(P) Do all acts and things necessary or proper to carry out	4737
the powers expressly granted and duties imposed by sections 122.92	4738
to 122.94 of the Revised Code.	4739

Sec. 124.24.  Notwithstanding sections 124.01 to 124.64 and	4740
Chapter 145. of the Revised Code, the examinations of applicants	4741
for the positions of deputy mine inspector, superintendent of	4742
rescue stations, assistant superintendent of rescue stations,	4743
electrical inspectors, gas storage well inspector, and mine	4744
chemists in the division of mineral resources management,	4745
department of natural resources, as provided in Chapters 1561.,	4746
1563., 1565., and 1567. of the Revised Code shall be provided for,	4747
conducted, and administered by the mine examining board created by	4748
section 1561.10 of the Revised Code chief of the division of	4749
mineral resources management.	4750

From the returns of the examinations the mine examining board	4751
chief shall prepare eligible lists of the persons whose general	4752
average standing upon examinations for such grade or class is not	4753
less than the minimum fixed by the rules of the board adopted	4754
under section 1561.05 of the Revised Code and who are otherwise	4755
eligible. All appointments to a position shall be made from such	4756
eligible list in the same manner as appointments are made from	4757
eligible lists prepared by the director of administrative	4758
services. Any person upon being appointed to fill one of the	4759
positions provided for in this section, from any such eligible	4760
list, shall have the same standing, rights, privileges, and status	4761
as other state employees in the classified service.	4762

Sec. 124.82.  (A) Except as provided in division (D) of this	4763
section, the department of administrative services, in	4764
consultation with the superintendent of insurance, shall, in	4765
accordance with competitive selection procedures of Chapter 125.	4766
of the Revised Code, contract with an insurance company or a	4767
health plan in combination with an insurance company, authorized	4768
to do business in this state, for the issuance of a policy or	4769
contract of health, medical, hospital, dental, or surgical	4770
benefits, or any combination thereof of those benefits, covering	4771
state employees who are paid directly by warrant of the auditor of	4772
state, including elected state officials. The department may	4773
fulfill its obligation under this division by exercising its	4774
authority under division (A)(2) of section 124.81 of the Revised	4775
Code.	4776

(B) The department may, in addition, in consultation with	4777
the superintendent of insurance, negotiate and contract with	4778
health insuring corporations holding a certificate of authority	4779
under Chapter 1751. of the Revised Code, in their approved service	4780
areas only, for issuance of a contract or contracts of health care	4781
services, covering state employees who are paid directly by	4782
warrant of the auditor of state, including elected state	4783
officials. Except for health insuring corporations, no more than	4784
one insurance carrier or health plan shall be contracted with to	4785
provide the same plan of benefits, provided that:	4786

(1) The amount of the premium or cost for such coverage	4787
contributed by the state, for an individual or for an individual	4788
and the individual's family, does not exceed that same amount of	4789
the premium or cost contributed by the state under division (A) of	4790
this section;	4791

(2) The employee be permitted to exercise the option as to	4792
which plan the employee will select under division (A) or (B) of	4793
this section, at a time that shall be determined by the	4794
department;	4795

(3) The health insuring corporations do not refuse to accept	4796
the employee, or the employee and the employee's family, if the	4797
employee exercises the option to select care provided by the	4798
corporations;	4799

(4) The employee may choose participation in only one of the	4800
plans sponsored by the department;	4801

(5) The director of health examines and certifies to the	4802
department that the quality and adequacy of care rendered by the	4803
health insuring corporations meet at least the standards of care	4804
provided by hospitals and physicians in that employee's community,	4805
who would be providing such care as would be covered by a contract	4806
awarded under division (A) of this section.	4807

(C) All or any portion of the cost, premium, or charge for	4808
the coverage in divisions (A) and (B) of this section may be paid	4809
in such manner or combination of manners as the department	4810
determines and may include the proration of health care costs,	4811
premiums, or charges for part-time employees.	4812

(D) Notwithstanding division (A) of this section, the	4813
department may provide benefits equivalent to those that may be	4814
paid under a policy or contract issued by an insurance company or	4815
a health plan pursuant to division (A) of this section.	4816

(E) This section does not prohibit the state office of	4817
collective bargaining from entering into an agreement with an	4818
employee representative for the purposes of providing fringe	4819
benefits, including, but not limited to, hospitalization, surgical	4820
care, major medical care, disability, dental care, vision care,	4821
medical care, hearing aids, prescription drugs, group life	4822
insurance, sickness and accident insurance, group legal services	4823
or other benefits, or any combination thereof, to employees paid	4824
directly by warrant of the auditor of state through a jointly	4825
administered trust fund. The employer's contribution for the cost	4826
of the benefit care shall be mutually agreed to in the	4827
collectively bargained agreement. The amount, type, and structure	4828
of fringe benefits provided under this division is subject to the	4829
determination of the board of trustees of the jointly administered	4830
trust fund. Notwithstanding any other provision of the Revised	4831
Code, competitive bidding does not apply to the purchase of fringe	4832
benefits for employees under this division when such benefits are	4833
provided through a jointly administered trust fund.	4834

(F) Members of state boards and commissions who are members	4835
of the public employees retirement system may be covered by any	4836
policy, contract, or plan of benefits or services described in	4837
division (A) or (B) of this section if they pay the entire amount	4838
of the premiums, costs, or charges for that coverage.	4839

Sec. 125.22.  (A) The department of administrative services	4840
shall establish the central service agency to perform routine	4841
support for the following boards and commissions:	4842

(1) State board of examiners of architects;

4843

(2) Barber board;

4844

(3) State chiropractic board;

4845

(4) State board of cosmetology;

4846

(5) Accountancy board;

4847

(6) State dental board;

4848

(7) State board of optometry;

4849

(8) Ohio occupational therapy, physical therapy, and	4850
athletic trainers board;	4851

(9) State board of registration for professional engineers	4852
and surveyors;	4853

(10) State board of sanitarian registration;

4854

(11) Board of embalmers and funeral directors;

4855

(12) State board of psychology;

4856

(13) Ohio optical dispensers board;

4857

(14) Board of speech pathology and audiology;

4858

(15) Counselor and social worker board;

4859

(16) State veterinary medical licensing board;

4860

(17) Ohio board of dietetics;

4861

(18) Commission on Hispanic-Latino affairs;

4862

(19) Ohio respiratory care board;

4863

(20) Ohio commission on African-American males.

4864

(B)(1) Notwithstanding any other section of the Revised	4865
Code, the agency shall perform the following routine support	4866
services for the boards and commissions named in division (A) of	4867
this section unless the controlling board exempts a board or	4868
commission from this requirement on the recommendation of the	4869
director of administrative services:	4870

(a) Preparing and processing payroll and other personnel	4871
documents;	4872

(b) Preparing and processing vouchers, purchase orders,	4873
encumbrances, and other accounting documents;	4874

(c) Maintaining ledgers of accounts and balances;

4875

(d) Preparing and monitoring budgets and allotment plans in	4876
consultation with the boards and commissions;	4877

(e) Maintaining information required by section 3729.40 of	4878
the Revised Code;	4879

(f) Other routine support services that the director of	4880
administrative services considers appropriate to achieve	4881
efficiency.	4882

(2) The agency may perform other services which a board or	4883
commission named in division (A) of this section delegates to the	4884
agency and the agency accepts.	4885

(3) The agency may perform any service for any professional	4886
or occupational licensing board not named in division (A) of this	4887
section or any commission if the board or commission requests such	4888
service and the agency accepts.	4889

(C) The director of administrative services shall be the	4890
appointing authority for the agency.	4891

(D) The agency shall determine the fees to be charged to the	4892
boards and commissions, which shall be in proportion to the	4893
services performed for each board or commission.	4894

(E) Each board or commission named in division (A) of this	4895
section and any other board or commission requesting services from	4896
the agency shall pay these fees to the agency from the general	4897
revenue fund maintenance account of the board or commission or	4898
from such other fund as the operating expenses of the board or	4899
commission are paid. Any amounts set aside for a fiscal year by a	4900
board or commission to allow for the payment of fees shall be used	4901
only for the services performed by the agency in that fiscal year.	4902
All receipts collected by the agency shall be deposited in the	4903
state treasury to the credit of the central service agency fund,	4904
which is hereby created. All expenses incurred by the agency in	4905
performing services for the boards or commissions shall be paid	4906
from the fund.	4907

(F) Nothing in this section shall be construed as a grant of	4908
authority for the central service agency to initiate or deny	4909
personnel or fiscal actions for the boards and commissions.	4910

Sec. 126.11.  (A)(1) The director of budget and management	4911
shall, upon consultation with the treasurer of state, coordinate	4912
and approve the scheduling of initial sales of publicly offered	4913
securities of the state and of publicly offered fractionalized	4914
interests in or securitized issues of public obligations of the	4915
state. The director shall from time to time develop and	4916
distribute to state issuers an approved sale schedule for each of	4917
the obligations covered by this division (A) or (B) of this	4918
section. This division Division (A) of this section applies only	4919
to those obligations on which the state or a state agency is the	4920
direct obligor or obligor on any backup security or related credit	4921
enhancement facility or source of money subject to state	4922
appropriations that is intended for payment of those obligations.	4923

(2) The issuers of obligations pursuant to section 151.03,	4924
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code	4925
shall submit to the director:	4926

(a) For review and approval: the projected sale date,	4927
amount, and type of obligations proposed to be sold; their	4928
purpose, security, and source of payment; and the proposed	4929
structure and maturity schedule;	4930

(b) For review and comment: the authorizing order or	4931
resolution; preliminary and final offering documents; method of	4932
sale; preliminary and final pricing information; and any written	4933
reports or recommendations of financial advisors or consultants	4934
relating to those obligations;	4935

(c) Promptly after each sale of those obligations: final	4936
terms, including sale price, maturity schedule and yields, and	4937
sources and uses; names of the original purchasers or	4938
underwriters; a copy of the final offering document and of the	4939
transcript of proceedings; and any other pertinent information	4940
requested by the director.	4941

(3) The issuer of obligations pursuant to section 151.06 or	4942
151.08 or Chapter 154. or 3318. of the Revised Code shall submit	4943
to the director:	4944

(a) For review and mutual agreement: the projected sale	4945
date, amount, and type of obligations proposed to be sold; their	4946
purpose, security, and source of payment; and the proposed	4947
structure and maturity schedule;	4948

(b) For review and comment: the authorizing order or	4949
resolution; preliminary and final offering documents; method of	4950
sale; preliminary and final pricing information; and any written	4951
reports or recommendations of financial advisors or consultants	4952
relating to those obligations;	4953

(c) Promptly after each sale of those obligations: final	4954
terms, including sale price, maturity schedule and yields, and	4955
sources and uses; names of the original purchasers or	4956
underwriters; a copy of the final offering document and of the	4957
transcript of proceedings; and any other pertinent information	4958
requested by the director.	4959

(4) The issuers of obligations pursuant to Chapter 166.,	4960
4981., 5540., or 6121., or section 5531.10, of the Revised Code	4961
shall submit to the director:	4962

(a) For review and comment: the projected sale date, amount,	4963
and type of obligations proposed to be sold; the purpose,	4964
security, and source of payment; and preliminary and final	4965
offering documents;	4966

(b) Promptly after each sale of those obligations: final	4967
terms, including a maturity schedule; names of the original	4968
purchasers or underwriters; a copy of the complete continuing	4969
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	4970
rule as from time to time in effect; and any other pertinent	4971
information requested by the director.	4972

(5) Not later than thirty days after the end of a fiscal	4973
year, each issuer of obligations subject to divisions (A) and (B)	4974
of this section shall submit to the director and to the treasurer	4975
of state a sale plan for the then current fiscal year for each	4976
type of obligation, projecting the amount and term of each	4977
issuance, the method of sale, and the month of sale.	4978

(B) Issuers of obligations pursuant to section 3318.085 or	4979
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,	4980
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of	4981
securities issued pursuant to Chapter 165. of the Revised Code	4982
other than a county or municipal corporation, shall submit to the	4983
director copies of the preliminary and final offering documents	4984
upon their availability if not previously submitted pursuant to	4985
division (A) of this section.	4986

(C) Not later than the first day of January of each year,	4987
every state agency obligated to make payments on outstanding	4988
public obligations with respect to which fractionalized interests	4989
have been publicly issued, such as certificates of participation,	4990
shall submit a report to the director of the amounts payable from	4991
state appropriations under those public obligations during the	4992
then current and next two fiscal years, identifying the	4993
appropriation or intended appropriation from which payment is	4994
expected to be made.	4995

(D)(1) Information relating generally to the historic,	4996
current, or future demographics or economy or financial condition	4997
or funds or general operations of the state, and descriptions of	4998
any state contractual obligations relating to public obligations,	4999
to be contained in any offering document, continuing disclosure	5000
document, or written presentation prepared, approved, or provided,	5001
or committed to be provided, by an issuer in connection with the	5002
original issuance and sale of, or rating, remarketing, or credit	5003
enhancement facilities relating to, public obligations referred to	5004
in division (A) of this section shall be approved as to format and	5005
accuracy by the director before being presented, published, or	5006
disseminated in preliminary, draft, or final form, or publicly	5007
filed in paper, electronic, or other format.	5008

(2) Except for information described in division (D)(1) of	5009
this section that is to be contained in an offering document,	5010
continuing disclosure document, or written presentation, division	5011
(D)(1) of this section does not inhibit direct communication	5012
between an issuer and a rating agency, remarketing agent, or	5013
credit enhancement provider concerning an issuance of public	5014
obligations referred to in division (A) of this section or matters	5015
associated with that issuance.	5016

(3) The materials approved and provided pursuant to division	5017
(D) of this section are the information relating to the particular	5018
subjects provided by the state or state agencies that are required	5019
or contemplated by any applicable state or federal securities laws	5020
and any commitments by the state or state agencies made under	5021
those laws. Reliance for the purpose should not be placed on any	5022
other information publicly provided, in any format including	5023
electronic, by any state agency for other purposes, including	5024
general information provided to the public or to portions of the	5025
public. A statement to that effect shall be included in those	5026
materials so approved or provided.	5027

(E) Issuers of obligations referred to in division (A) of	5028
this section may take steps, by formal agreement, covenants in the	5029
proceedings, or otherwise, as may be necessary or appropriate to	5030
comply or permit compliance with applicable lawful disclosure	5031
requirements relating to those obligations, and may, subject to	5032
division (D) of this section, provide, make available, or file	5033
copies of any required disclosure materials as necessary or	5034
appropriate. Any such formal agreement or covenant relating to	5035
subjects referred to in division (D) of this section, and any	5036
description of that agreement or covenant to be contained in any	5037
offering document, shall be approved by the director before being	5038
entered into or published or publicly disseminated in preliminary,	5039
draft, or final form or publicly filed in paper, electronic, or	5040
other format. The director shall be responsible for making all	5041
filings in compliance with those requirements relating to direct	5042
obligations of the state, including fractionalized interests in	5043
those obligations.	5044

(F) No state agency or official shall, without the approval	5045
of the director of budget and management, do either of the	5046
following:	5047

(1) Enter into or commit to enter into a public obligation	5048
under which fractionalized interests in the payments are to be	5049
publicly offered, which payments are anticipated to be made from	5050
money from any source appropriated or to be appropriated by the	5051
general assembly or in which the provision stated in section 9.94	5052
of the Revised Code is not included;	5053

(2) Except as otherwise expressly authorized for the purpose	5054
by law, agree or commit to provide, from money from any source to	5055
be appropriated in the future by the general assembly, financial	5056
assistance to or participation in the costs of capital facilities,	5057
or the payment of debt charges, directly or by way of a credit	5058
enhancement facility, a reserve, rental payments, or otherwise, on	5059
obligations issued to pay costs of capital facilities.	5060

(G) As used in this section, "credit enhancement	5061
facilities," "debt charges," "fractionalized interests in public	5062
obligations," "obligor," "public issuer," and "securities" have	5063
the same meanings as in section 133.01 of the Revised Code;	5064
"public obligation" has the same meaning as in division (GG)(2) of	5065
section 133.01 of the Revised Code; "obligations" means securities	5066
or public obligations or fractionalized interests in them;	5067
"issuers" means issuers of securities or state obligors on public	5068
obligations; "offering document" means an official statement,	5069
offering circular, private placement memorandum, or prospectus, or	5070
similar document; and "director" means the director of budget and	5071
management or the employee of the office of budget and management	5072
designated by the director for the purpose.	5073

Sec. 126.21.  (A) The director of budget and management	5074
shall do all of the following:	5075

(1) Keep all necessary accounting records;

5076

(2) Prescribe and maintain the accounting system of the	5077
state and establish appropriate accounting procedures and charts	5078
of accounts;	5079

(3) Establish procedures for the use of written, electronic,	5080
optical, or other communications media for approving payment	5081
vouchers;	5082

(4) Reconcile, in the case of any variation between the	5083
amount of any appropriation and the aggregate amount of items of	5084
the appropriation, with the advice and assistance of the state	5085
agency affected by it and the legislative budget office of the	5086
legislative service commission, totals so as to correspond in the	5087
aggregate with the total appropriation. In the case of a conflict	5088
between the item and the total of which it is a part, the item	5089
shall be considered the intended appropriation.	5090

(5) Evaluate on an ongoing basis and, if necessary,	5091
recommend improvements to the internal controls used in state	5092
agencies;	5093

(6) Authorize the establishment of petty cash accounts. The	5094
director of budget and management may withdraw approval for any	5095
petty cash account and require the officer in charge to return to	5096
the state treasury any unexpended balance shown by the officer's	5097
accounts to be on hand. Any officer who is issued a warrant for	5098
petty cash shall render a detailed account of the expenditures of	5099
the petty cash and shall report when requested the balance of	5100
petty cash on hand at any time.	5101

(7) Process orders, invoices, vouchers, claims, and payrolls	5102
and prepare financial reports and statements;	5103

(8) Perform extensions, reviews, and compliance checks prior	5104
to approving a payment as the director considers necessary;	5105

(9) Issue the official comprehensive annual financial report	5106
of the state. The report shall cover all funds and account groups	5107
of the state reporting entity and shall include general purpose	5108
basic financial statements and required supplementary information	5109
prepared in accordance with generally accepted accounting	5110
principles and other information as the director provides. All	5111
state agencies, authorities, institutions, offices, retirement	5112
systems, and other component units of the state reporting entity	5113
as determined by the director shall furnish the director whatever	5114
financial statements and other information the director requests	5115
for the report, in the form, at the times, covering the periods,	5116
and with the attestation the director prescribes. The information	5117
for state institutions of higher education, as defined in section	5118
3345.011 of the Revised Code, shall be submitted to the director	5119
by the Ohio board of regents. The board shall establish a due	5120
date by which each such institution shall submit the information	5121
to the board, but no such date shall be later than one hundred	5122
twenty days after the end of the state fiscal year unless a later	5123
date is approved by the director.	5124

(B) In addition to the director's duties under division (A)	5125
of this section, the director of budget and management may	5126
establish and administer one or more state payment card programs	5127
that permit or require state agencies to use a payment card to	5128
purchase equipment, materials, supplies, or services in accordance	5129
with guidelines issued by the director. The director may contract	5130
with one or more vendors to provide the payment cards and payment	5131
card services. State agencies may only participate in state	5132
payment card programs that the director establishes pursuant to	5133
this section.	5134

Sec. 127.16.  (A) Upon the request of either a state agency	5135
or the director of budget and management and after the controlling	5136
board determines that an emergency or a sufficient economic reason	5137
exists, the controlling board may approve the making of a purchase	5138
without competitive selection as provided in division (B) of this	5139
section.	5140

(B) Except as otherwise provided in this section, no state	5141
agency, using money that has been appropriated to it directly,	5142
shall:	5143

(1) Make any purchase from a particular supplier, that would	5144
amount to fifty thousand dollars or more when combined with both	5145
the amount of all disbursements to the supplier during the fiscal	5146
year for purchases made by the agency and the amount of all	5147
outstanding encumbrances for purchases made by the agency from the	5148
supplier, unless the purchase is made by competitive selection or	5149
with the approval of the controlling board;	5150

(2) Lease real estate from a particular supplier, if the	5151
lease would amount to seventy-five thousand dollars or more when	5152
combined with both the amount of all disbursements to the supplier	5153
during the fiscal year for real estate leases made by the agency	5154
and the amount of all outstanding encumbrances for real estate	5155
leases made by the agency from the supplier, unless the lease is	5156
made by competitive selection or with the approval of the	5157
controlling board.	5158

(C) Any person who authorizes a purchase in violation of	5159
division (B) of this section shall be liable to the state for any	5160
state funds spent on the purchase, and the attorney general shall	5161
collect the amount from the person.	5162

(D) Nothing in division (B) of this section shall be	5163
construed as:	5164

(1) A limitation upon the authority of the director of	5165
transportation as granted in sections 5501.17, 5517.02, and	5166
5525.14 of the Revised Code;	5167

(2) Applying to medicaid provider agreements under Chapter	5168
5111. of the Revised Code or payments or provider agreements under	5169
disability assistance medical assistance established under Chapter	5170
5115. of the Revised Code;	5171

(3) Applying to the purchase of examinations from a sole	5172
supplier by a state licensing board under Title XLVII of the	5173
Revised Code;	5174

(4) Applying to entertainment contracts for the Ohio state	5175
fair entered into by the Ohio expositions commission, provided	5176
that the controlling board has given its approval to the	5177
commission to enter into such contracts and has approved a total	5178
budget amount for such contracts as agreed upon by commission	5179
action, and that the commission causes to be kept itemized records	5180
of the amounts of money spent under each contract and annually	5181
files those records with the clerk of the house of representatives	5182
and the clerk of the senate following the close of the fair;	5183

(5) Limiting the authority of the chief of the division of	5184
mineral resources management to contract for reclamation work with	5185
an operator mining adjacent land as provided in section 1513.27 of	5186
the Revised Code;	5187

(6) Applying to investment transactions and procedures of	5188
any state agency, except that the agency shall file with the board	5189
the name of any person with whom the agency contracts to make,	5190
broker, service, or otherwise manage its investments, as well as	5191
the commission, rate, or schedule of charges of such person with	5192
respect to any investment transactions to be undertaken on behalf	5193
of the agency. The filing shall be in a form and at such times as	5194
the board considers appropriate.	5195

(7) Applying to purchases made with money for the per cent	5196
for arts program established by section 3379.10 of the Revised	5197
Code;	5198

(8) Applying to purchases made by the rehabilitation	5199
services commission of services, or supplies, that are provided to	5200
persons with disabilities, or to purchases made by the commission	5201
in connection with the eligibility determinations it makes for	5202
applicants of programs administered by the social security	5203
administration;	5204

(9) Applying to payments by the department of job and family	5205
services under section 5111.13 of the Revised Code for group	5206
health plan premiums, deductibles, coinsurance, and other	5207
cost-sharing expenses;	5208

(10) Applying to any agency of the legislative branch of the	5209
state government;	5210

(11) Applying to agreements or contracts entered into under	5211
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	5212

(12) Applying to purchases of services by the adult parole	5213
authority under section 2967.14 of the Revised Code or by the	5214
department of youth services under section 5139.08 of the Revised	5215
Code;	5216

(13) Applying to dues or fees paid for membership in an	5217
organization or association;	5218

(14) Applying to purchases of utility services pursuant to	5219
section 9.30 of the Revised Code;	5220

(15) Applying to purchases made in accordance with rules	5221
adopted by the department of administrative services of motor	5222
vehicle, aviation, or watercraft fuel, or emergency repairs of	5223
such vehicles;	5224

(16) Applying to purchases of tickets for passenger air	5225
transportation;	5226

(17) Applying to purchases necessary to provide public	5227
notifications required by law or to provide notifications of job	5228
openings;	5229

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

5230

(19) Applying to purchases of liquor for resale by the	5231
division of liquor control;	5232

(20) Applying to purchases of motor courier and freight	5233
services made in accordance with department of administrative	5234
services rules;	5235

(21) Applying to purchases from the United States postal	5236
service and purchases of stamps and postal meter replenishment	5237
from vendors at rates established by the United States postal	5238
service;	5239

(22) Applying to purchases of books, periodicals, pamphlets,	5240
newspapers, maintenance subscriptions, and other published	5241
materials;	5242

(23) Applying to purchases from other state agencies,	5243
including state-assisted institutions of higher education;	5244

(24) Limiting the authority of the director of environmental	5245
protection to enter into contracts under division (D) of section	5246
3745.14 of the Revised Code to conduct compliance reviews, as	5247
defined in division (A) of that section;	5248

(25) Applying to purchases from a qualified nonprofit agency	5249
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	5250

(26) Applying to payments by the department of job and	5251
family services to the United States department of health and	5252
human services for printing and mailing notices pertaining to the	5253
tax refund offset program of the internal revenue service of the	5254
United States department of the treasury;	5255

(27) Applying to contracts entered into by the department of	5256
mental retardation and developmental disabilities under sections	5257
5123.18, 5123.182, and 5111.252 of the Revised Code;	5258

(28) Applying to payments made by the department of mental	5259
health under a physician recruitment program authorized by section	5260
5119.101 of the Revised Code;	5261

(29) Applying to contracts entered into with persons by the	5262
director of commerce for unclaimed funds collection and remittance	5263
efforts as provided in division (F) of section 169.03 of the	5264
Revised Code. The director shall keep an itemized accounting of	5265
unclaimed funds collected by those persons and amounts paid to	5266
them for their services.	5267

(30) Applying to purchases made by a state institution of	5268
higher education in accordance with the terms of a contract	5269
between the vendor and an inter-university purchasing group	5270
comprised of purchasing officers of state institutions of higher	5271
education;	5272

(31) Applying to the department of job and family services'	5273
purchases of health assistance services under the children's	5274
health insurance program part I provided for under section 5101.50	5275
of the Revised Code or the children's health insurance program	5276
part II provided for under section 5101.51 of the Revised Code;	5277

(32) Applying to payments by the attorney general from the	5278
reparations fund to hospitals and other emergency medical	5279
facilities for performing medical examinations to collect physical	5280
evidence pursuant to section 2907.28 of the Revised Code;	5281

(33) Applying to contracts with a contracting authority or	5282
administrative receiver under division (G)(2) of section 5126.055	5283
of the Revised Code.	5284

(E) Notwithstanding division (B)(1) of this section, the	5285
cumulative purchase threshold shall be seventy-five thousand	5286
dollars for the departments of mental retardation and	5287
developmental disabilities, mental health, rehabilitation and	5288
correction, and youth services.	5289

(F) When determining whether a state agency has reached the	5290
cumulative purchase thresholds established in divisions (B)(1),	5291
(B)(2), and (E) of this section, all of the following purchases by	5292
such agency shall not be considered:	5293

(1) Purchases made through competitive selection or with	5294
controlling board approval;	5295

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

5296

(3) For the purposes of the thresholds of divisions (B)(1)	5297
and (E) of this section only, leases of real estate.	5298

(G) As used in this section, "competitive selection,"	5299
"purchase," "supplies," and "services" have the same meanings as	5300
in section 125.01 of the Revised Code.	5301

Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,	5302
125., 126., 127., and 131. of the Revised Code, and any statute	5303
that uses the terms in connection with state accounting or	5304
budgeting:	5305

(A) "Account" means any record, element, or summary in which	5306
financial transactions are identified and recorded as debit or	5307
credit transactions in order to summarize items of a similar	5308
nature or classification.	5309

(B) "Accounting procedure" means the arrangement of all	5310
processes which discover, record, and summarize financial	5311
information to produce financial statements and reports and to	5312
provide internal control.	5313

(C) "Accounting system" means the total structure of records	5314
and procedures which discover, record, classify, and report	5315
information on the financial position and operations of a	5316
governmental unit or any of its funds, balanced account groups,	5317
and organizational components.	5318

(D) "Allocation" means a portion of an appropriation which is	5319
designated for expenditure by specific organizational units or for	5320
special purposes, activities, or objects that do not relate to a	5321
period of time.	5322

(E) "Allotment" means all or part of an appropriation which	5323
may be encumbered or expended within a specific period of time.	5324

(F) "Appropriation" means an authorization granted by the	5325
general assembly to make expenditures and to incur obligations for	5326
specific purposes.	5327

(G) "Assets" means resources owned, controlled, or otherwise	5328
used or held by the state which have monetary value.	5329

(H) "Budget" means the plan of financial operation embodying	5330
an estimate of proposed expenditures and obligations for a given	5331
period and the proposed means of financing them.	5332

(I) "Direct deposit" is a form of electronic funds transfer	5333
in which money is electronically deposited into the account of a	5334
person or entity at a financial institution.	5335

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

5336

(K) "Electronic benefit transfer" means the electronic	5337
delivery of benefits through automated teller machines, point of	5338
sale terminals, or other electronic media pursuant to section	5339
5101.33 of the Revised Code.	5340

(L) "Electronic funds transfer" means the electronic movement	5341
of funds via automated clearing house or wire transfer.	5342

(M) "Encumbrancing document" means a document reserving all	5343
or part of an appropriation.	5344

(N) "Expenditure" means a reduction of the balance of an	5345
appropriation after legal requirements have been met.	5346

(O) "Fund" means an independent fiscal and accounting entity	5347
with a self-balancing set of accounts recording cash or other	5348
resources, together with all related liabilities, obligations,	5349
reserves, and fund balances which are segregated for the purpose	5350
of carrying on specific activities or attaining certain objectives	5351
in accordance with special rules, restrictions, or limitations.	5352

(P) "Lapse" means the automatic termination of an	5353
appropriation at the end of the fiscal period for which it was	5354
appropriated.	5355

(Q) "Reappropriation" means an appropriation of a previous	5356
appropriation that is continued in force in a succeeding	5357
appropriation period. "Reappropriation" shall be equated with and	5358
incorporated in the term "appropriation."	5359

(R) "Voucher" means the document used to transmit a claim for	5360
payment and evidentiary matter related to the claim.	5361

(S) "Warrant" means an order drawn upon the treasurer of	5362
state by the auditor of state directing the treasurer of state to	5363
pay a specified amount, including an order to make a lump-sum	5364
payment to a financial institution for the transfer of funds by	5365
direct deposit or the drawdown of funds by electronic benefit	5366
transfer, and the resulting electronic transfer to or by the	5367
ultimate payees.	5368

The terms defined in this section shall be used, on all	5369
accounting forms, reports, formal rules, and budget requests	5370
produced by a state agency, only as defined in this section.	5371

Sec. 133.021.  The general assembly hereby finds and declares	5372
that the "Tax Reform Act of 1986" (the "Act") establishes a	5373
unified volume ceiling on the aggregate amount of private activity	5374
bonds which can be issued in each state. The unified volume	5375
ceiling is the product of seventy-five dollars multiplied by the	5376
state population in 1987 and fifty dollars multiplied by the state	5377
population in each succeeding calendar year.	5378

The general assembly further finds and declares that the Act	5379
requires the state to allocate its volume ceiling according to a	5380
specified formula unless a different procedure is established by	5381
the governor or general assembly.	5382

The general assembly further finds and declares that pursuant	5383
to authorization of state legislation the general assembly has, by	5384
division (D)(3) of section 133.02 of the Revised Code, effective	5385
October 30, 1989, provided for delegating such function to the	5386
governor and for further delegation as therein provided, subject	5387
to such prospectively effective actions as may subsequently be	5388
taken by the general assembly.	5389

The general assembly further finds and declares that it	5390
desires to by legislation provide for an efficient, effective, and	5391
equitable procedure under which the state will allocate the	5392
unified volume ceiling.	5393

The general assembly therefore finds and declares that it is	5394
necessary to create the joint select committee on volume cap to	5395
create a process for the allocation of the unified volume ceiling.	5396

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	5397
Revenue Code, which provides that a state may by law provide a	5398
different formula for allocating the state ceiling, there is	5399
hereby created the joint select committee on volume cap to provide	5400
for the allocation and the reallocation of the unified volume	5401
ceiling among the governmental units (or other authorities) in the	5402
state having authority to issue tax exempt private activity bonds.	5403

(B) The committee shall consist of eight members. Two	5404
members shall be from the house of representatives appointed by	5405
the speaker of the house of representatives; two members shall be	5406
from the senate appointed by the president of the senate; and four	5407
members shall be appointed by the governor. Each member shall be	5408
selected for his or her the member's knowledge and experience in	5409
tax exempt private activity bonds. The members shall serve at the	5410
pleasure of the appointing authority. A vacancy shall be filled	5411
in the same manner as the original appointment.	5412

(C) The purpose of the committee shall be to maximize the	5413
economic benefits of the unified volume ceiling to all citizens of	5414
the state. To this end, the joint select committee on volume cap	5415
shall:	5416

(1) Annually, survey the governmental units (or other	5417
authorities) in the state having authority to issue tax exempt	5418
private activity bonds concerning:	5419

(a) The amount of tax exempt private activity bonds issued	5420
for the previous calendar year; and	5421

(b) The amount requested for the calendar year allocation	5422
currently under consideration.	5423

(2) Set forth procedures for making allocations,	5424
reallocation and carry forward of the state's unified volume	5425
ceiling in accordance with the Act;	5426

(3)(2) Develop strategies for allocating and reallocating	5427
the unified volume ceiling which are designed to maximize the	5428
availability of tax exempt private activity bonds among competing	5429
sectors of the state.	5430

(D) To provide for the orderly and prompt issuance of	5431
private activity bonds, the committee is authorized to allocate	5432
the unified volume ceiling among those governmental units (or	5433
other authorities) in the state having authority to issue tax	5434
exempt private activity bonds. The committee shall reserve a	5435
portion of the unified volume ceiling to be allocated for	5436
multi-family rental housing projects. The committee in	5437
determination of unified volume ceiling allocations and	5438
reallocations shall consider the following:	5439

(1) The interest of the state with regard to long-term	5440
economic development, housing, education, redevelopment, and solid	5441
waste management;	5442

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

5443

(3) The needs of political subdivisions.

5444

(E) The director of development shall adopt rules in	5445
accordance with Chapter 119. of the Revised Code to carry out the	5446
purposes of this section.	5447

Sec. 133.06.  (A) A school district shall not incur, without	5448
a vote of the electors, net indebtedness that exceeds an amount	5449
equal to one-tenth of one per cent of its tax valuation, except as	5450
provided in divisions (G) and (H) of this section and in division	5451
(C) of section 3313.372 of the Revised Code, or as prescribed in	5452
section 3318.052 of the Revised Code.	5453

(B) Except as provided in divisions (E) and, (F), and (I) of	5454
this section, a school district shall not incur net indebtedness	5455
that exceeds an amount equal to nine per cent of its tax	5456
valuation.	5457

(C) A school district shall not submit to a vote of the	5458
electors the question of the issuance of securities in an amount	5459
that will make the district's net indebtedness after the issuance	5460
of the securities exceed an amount equal to four per cent of its	5461
tax valuation, unless the superintendent of public instruction,	5462
acting under policies adopted by the state board of education, and	5463
the tax commissioner, acting under written policies of the	5464
commissioner, consent to the submission. A request for the	5465
consents shall be made at least thirty days prior to the election	5466
at which the question is to be submitted, except that the	5467
superintendent of public instruction and the tax commissioner may	5468
waive this thirty-day deadline or grant their consents after the	5469
election if the school district shows good cause for such waiver	5470
or consent after the election.	5471

(D) In calculating the net indebtedness of a school	5472
district, none of the following shall be considered:	5473

(1) Securities issued to acquire school buses and other	5474
equipment used in transporting pupils or issued pursuant to	5475
division (D) of section 133.10 of the Revised Code;	5476

(2) Securities issued under division (F) of this section,	5477
under section 133.301 of the Revised Code, and, to the extent in	5478
excess of the limitation stated in division (B) of this section,	5479
under division (E) of this section;	5480

(3) Indebtedness resulting from the dissolution of a joint	5481
vocational school district under section 3311.217 of the Revised	5482
Code, evidenced by outstanding securities of that joint vocational	5483
school district;	5484

(4) Loans, evidenced by any securities, received under	5485
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	5486
Revised Code;	5487

(5) Debt incurred under section 3313.374 of the Revised	5488
Code;	5489

(6) Debt incurred pursuant to division (B)(5) of section	5490
3313.37 of the Revised Code to acquire computers and related	5491
hardware;	5492

(7) Debt incurred under section 3318.041 of the Revised	5493
Code.	5494

(E) A school district may become a special needs district as	5495
to certain securities as provided in division (E) of this section.	5496

(1) A board of education, by resolution, may declare its	5497
school district to be a special needs district by determining both	5498
of the following:	5499

(a) The student population is not being adequately serviced	5500
by the existing permanent improvements of the district.	5501

(b) The district cannot obtain sufficient funds by the	5502
issuance of securities within the limitation of division (B) of	5503
this section to provide additional or improved needed permanent	5504
improvements in time to meet the needs.	5505

(2) The board of education shall certify a copy of that	5506
resolution to the superintendent of public instruction with a	5507
statistical report showing all of the following:	5508

(a) A history of and a projection of the growth of the	5509
student population;	5510

(b) The history of and a projection of the growth of the tax	5511
valuation;	5512

(c) The projected needs;

5513

(d) The estimated cost of permanent improvements proposed to	5514
meet such projected needs.	5515

(3) The superintendent of public instruction shall certify	5516
the district as an approved special needs district if the	5517
superintendent finds both of the following:	5518

(a) The district does not have available sufficient	5519
additional funds from state or federal sources to meet the	5520
projected needs.	5521

(b) The projection of the potential average growth of tax	5522
valuation during the next five years, according to the information	5523
certified to the superintendent and any other information the	5524
superintendent obtains, indicates a likelihood of potential	5525
average growth of tax valuation of the district during the next	5526
five years of an average of not less than three per cent per year.	5527
The findings and certification of the superintendent shall be	5528
conclusive.	5529

(4) An approved special needs district may incur net	5530
indebtedness by the issuance of securities in accordance with the	5531
provisions of this chapter in an amount that does not exceed an	5532
amount equal to the greater of the following:	5533

(a) Nine per cent of the sum of its tax valuation plus an	5534
amount that is the product of multiplying that tax valuation by	5535
the percentage by which the tax valuation has increased over the	5536
tax valuation on the first day of the sixtieth month preceding the	5537
month in which its board determines to submit to the electors the	5538
question of issuing the proposed securities;	5539

(b) Nine per cent of the sum of its tax valuation plus an	5540
amount that is the product of multiplying that tax valuation by	5541
the percentage, determined by the superintendent of public	5542
instruction, by which that tax valuation is projected to increase	5543
during the next ten years.	5544

(F) A school district may issue securities for emergency	5545
purposes, in a principal amount that does not exceed an amount	5546
equal to three per cent of its tax valuation, as provided in this	5547
division.	5548

(1) A board of education, by resolution, may declare an	5549
emergency if it determines both of the following:	5550

(a) School buildings or other necessary school facilities in	5551
the district have been wholly or partially destroyed, or condemned	5552
by a constituted public authority, or that such buildings or	5553
facilities are partially constructed, or so constructed or planned	5554
as to require additions and improvements to them before the	5555
buildings or facilities are usable for their intended purpose, or	5556
that corrections to permanent improvements are necessary to remove	5557
or prevent health or safety hazards.	5558

(b) Existing fiscal and net indebtedness limitations make	5559
adequate replacement, additions, or improvements impossible.	5560

(2) Upon the declaration of an emergency, the board of	5561
education may, by resolution, submit to the electors of the	5562
district pursuant to section 133.18 of the Revised Code the	5563
question of issuing securities for the purpose of paying the cost,	5564
in excess of any insurance or condemnation proceeds received by	5565
the district, of permanent improvements to respond to the	5566
emergency need.	5567

(3) The procedures for the election shall be as provided in	5568
section 133.18 of the Revised Code, except that:	5569

(a) The form of the ballot shall describe the emergency	5570
existing, refer to this division as the authority under which the	5571
emergency is declared, and state that the amount of the proposed	5572
securities exceeds the limitations prescribed by division (B) of	5573
this section;	5574

(b) The resolution required by division (B) of section	5575
133.18 of the Revised Code shall be certified to the county	5576
auditor and the board of elections at least seventy-five days	5577
prior to the election;	5578

(c) The county auditor shall advise and, not later than	5579
sixty-five days before the election, confirm that advice by	5580
certification to, the board of education of the information	5581
required by division (C) of section 133.18 of the Revised Code;	5582

(d) The board of education shall then certify its resolution	5583
and the information required by division (D) of section 133.18 of	5584
the Revised Code to the board of elections not less than sixty	5585
days prior to the election.	5586

(4) Notwithstanding division (B) of section 133.21 of the	5587
Revised Code, the first principal payment of securities issued	5588
under this division may be set at any date not later than sixty	5589
months after the earliest possible principal payment otherwise	5590
provided for in that division.	5591

(G) The board of education may contract with an architect,	5592
professional engineer, or other person experienced in the design	5593
and implementation of energy conservation measures for an analysis	5594
and recommendations pertaining to installations, modifications of	5595
installations, or remodeling that would significantly reduce	5596
energy consumption in buildings owned by the district. The report	5597
shall include estimates of all costs of such installations,	5598
modifications, or remodeling, including costs of design,	5599
engineering, installation, maintenance, repairs, and debt service,	5600
and estimates of the amounts by which energy consumption and	5601
resultant operational and maintenance costs, as defined by the	5602
Ohio school facilities commission, would be reduced.	5603

If the board finds after receiving the report that the amount	5604
of money the district would spend on such installations,	5605
modifications, or remodeling is not likely to exceed the amount of	5606
money it would save in energy and resultant operational and	5607
maintenance costs over the ensuing fifteen years, the board may	5608
submit to the commission a copy of its findings and a request for	5609
approval to incur indebtedness to finance the making or	5610
modification of installations or the remodeling of buildings for	5611
the purpose of significantly reducing energy consumption.	5612

If the commission determines that the board's findings are	5613
reasonable, it shall approve the board's request. Upon receipt of	5614
the commission's approval, the district may issue securities	5615
without a vote of the electors in a principal amount not to exceed	5616
nine-tenths of one per cent of its tax valuation for the purpose	5617
of making such installations, modifications, or remodeling, but	5618
the total net indebtedness of the district without a vote of the	5619
electors incurred under this and all other sections of the Revised	5620
Code shall not exceed one per cent of the district's tax	5621
valuation.	5622

So long as any securities issued under division (G) of this	5623
section remain outstanding, the board of education shall monitor	5624
the energy consumption and resultant operational and maintenance	5625
costs of buildings in which installations or modifications have	5626
been made or remodeling has been done pursuant to division (G) of	5627
this section and shall maintain and annually update a report	5628
documenting the reductions in energy consumption and resultant	5629
operational and maintenance cost savings attributable to such	5630
installations, modifications, or remodeling. The report shall be	5631
certified by an architect or engineer independent of any person	5632
that provided goods or services to the board in connection with	5633
the energy conservation measures that are the subject of the	5634
report. The resultant operational and maintenance cost savings	5635
shall be certified by the school district treasurer. The report	5636
shall be made available to the commission upon request.	5637

(H) With the consent of the superintendent of public	5638
instruction, a school district may incur without a vote of the	5639
electors net indebtedness that exceeds the amounts stated in	5640
divisions (A) and (G) of this section for the purpose of paying	5641
costs of permanent improvements, if and to the extent that both of	5642
the following conditions are satisfied:	5643

(1) The fiscal officer of the school district estimates that	5644
receipts of the school district from payments made under or	5645
pursuant to agreements entered into pursuant to section 725.02,	5646
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	5647
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	5648
Code, or distributions under division (C) of section 5709.43 of	5649
the Revised Code, or any combination thereof, are, after	5650
accounting for any appropriate coverage requirements, sufficient	5651
in time and amount, and are committed by the proceedings, to pay	5652
the debt charges on the securities issued to evidence that	5653
indebtedness and payable from those receipts, and the taxing	5654
authority of the district confirms the fiscal officer's estimate,	5655
which confirmation is approved by the superintendent of public	5656
instruction;	5657

(2) The fiscal officer of the school district certifies, and	5658
the taxing authority of the district confirms, that the district,	5659
at the time of the certification and confirmation, reasonably	5660
expects to have sufficient revenue available for the purpose of	5661
operating such permanent improvements for their intended purpose	5662
upon acquisition or completion thereof, and the superintendent of	5663
public instruction approves the taxing authority's confirmation.	5664

The maximum maturity of securities issued under division (H)	5665
of this section shall be the lesser of twenty years or the maximum	5666
maturity calculated under section 133.20 of the Revised Code.	5667

(I) A school district may incur net indebtedness by the	5668
issuance of securities in accordance with the provisions of this	5669
chapter in excess of the limit specified in division (B) of this	5670
section when necessary to raise the school district portion of the	5671
basic project cost pursuant to Chapter 3318. of the Revised Code.	5672
The school facilities commission shall notify the superintendent	5673
of public instruction whenever a school district will exceed the	5674
nine per cent limit pursuant to this division.	5675

Sec. 133.07.  (A) A county shall not incur, without a vote	5676
of the electors, either of the following:	5677

(1) Net indebtedness for all purposes that exceeds an amount	5678
equal to one per cent of its tax valuation;	5679

(2) Net indebtedness for the purpose of paying the county's	5680
share of the cost of the construction, improvement, maintenance,	5681
or repair of state highways that exceeds an amount equal to	5682
one-half of one per cent of its tax valuation.	5683

(B) A county shall not incur total net indebtedness that	5684
exceeds an amount equal to one of the following limitations that	5685
applies to the county:	5686

(1) A county with a valuation not exceeding one hundred	5687
million dollars, three per cent of that tax valuation;	5688

(2) A county with a tax valuation exceeding one hundred	5689
million dollars but not exceeding three hundred million dollars,	5690
three million dollars plus one and one-half per cent of that tax	5691
valuation in excess of one hundred million dollars;	5692

(3) A county with a tax valuation exceeding three hundred	5693
million dollars, six million dollars plus two and one-half per	5694
cent of that tax valuation in excess of three hundred million	5695
dollars.	5696

(C) In calculating the net indebtedness of a county, none of	5697
the following securities shall be considered:	5698

(1) Securities described in section 307.201 of the Revised	5699
Code;	5700

(2) Self-supporting securities issued for any purposes,	5701
including, but not limited to, any of the following general	5702
purposes:	5703

(a) Water systems or facilities;

5704

(b) Sanitary sewerage systems or facilities, or surface and	5705
storm water drainage and sewerage systems or facilities, or a	5706
combination of those systems or facilities;	5707

(c) County or joint county scrap tire collection, storage,	5708
monocell, monofill, or recovery facilities, or any combination of	5709
those facilities;	5710

(d) Off-street parking lots, facilities, or buildings, or	5711
on-street parking facilities, or any combination of off-street and	5712
on-street parking facilities;	5713

(e) Facilities for the care or treatment of the sick or	5714
infirm, and for housing the persons providing that care or	5715
treatment and their families;	5716

(f) Recreational, sports, convention, auditorium, museum,	5717
trade show, and other public attraction facilities;	5718

(g) Facilities for natural resources exploration,	5719
development, recovery, use, and sale;	5720

(h) Correctional and detention facilities and related	5721
rehabilitation facilities.	5722

(3) Securities issued for the purpose of purchasing,	5723
constructing, improving, or extending water or sanitary or surface	5724
and storm water sewerage systems or facilities, or a combination	5725
of those systems or facilities, to the extent that an agreement	5726
entered into with another subdivision requires the other	5727
subdivision to pay to the county amounts equivalent to debt	5728
charges on the securities;	5729

(4) Voted general obligation securities issued for the	5730
purpose of permanent improvements for sanitary sewerage or water	5731
systems or facilities to the extent that the total principal	5732
amount of voted securities outstanding for the purpose does not	5733
exceed an amount equal to two per cent of the county's tax	5734
valuation;	5735

(5) Securities issued for permanent improvements to house	5736
agencies, departments, boards, or commissions of the county or of	5737
any municipal corporation located, in whole or in part, in the	5738
county, to the extent that the revenues, other than revenues from	5739
unvoted county property taxes, derived from leases or other	5740
agreements between the county and those agencies, departments,	5741
boards, commissions, or municipal corporations relating to the use	5742
of the permanent improvements are sufficient to cover the cost of	5743
all operating expenses of the permanent improvements paid by the	5744
county and debt charges on the securities;	5745

(6) Securities issued pursuant to section 133.08 of the	5746
Revised Code;	5747

(7) Securities issued for the purpose of acquiring or	5748
constructing roads, highways, bridges, or viaducts, for the	5749
purpose of acquiring or making other highway permanent	5750
improvements, or for the purpose of procuring and maintaining	5751
computer systems for the office of the clerk of any	5752
county-operated municipal court, for the office of the clerk of	5753
the court of common pleas, or for the office of the clerk of the	5754
probate, juvenile, or domestic relations division of the court of	5755
common pleas to the extent that the legislation authorizing the	5756
issuance of the securities includes a covenant to appropriate from	5757
moneys distributed to the county pursuant to division (B) of	5758
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	5759
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	5760
sufficient amount to cover debt charges on and financing costs	5761
relating to the securities as they become due;	5762

(8) Securities issued for the purpose of acquiring,	5763
constructing, improving, and equipping a county, multicounty, or	5764
multicounty-municipal jail, workhouse, juvenile detention	5765
facility, or correctional facility;	5766

(9) Securities issued for the acquisition, construction,	5767
equipping, or repair of any permanent improvement or any class or	5768
group of permanent improvements enumerated in a resolution adopted	5769
pursuant to division (D) of section 5739.026 of the Revised Code	5770
to the extent that the legislation authorizing the issuance of the	5771
securities includes a covenant to appropriate from moneys received	5772
from the taxes authorized under section 5739.023 and division	5773
(A)(5) of section 5739.026 of the Revised Code an amount	5774
sufficient to pay debt charges on the securities and those moneys	5775
shall be pledged for that purpose;	5776

(10) Securities issued for county or joint county solid	5777
waste or hazardous waste collection, transfer, or disposal	5778
facilities, or resource recovery and solid or hazardous waste	5779
recycling facilities, or any combination of those facilities;	5780

(11) Securities issued for the acquisition, construction,	5781
and equipping of a port authority educational and cultural	5782
facility under section 307.671 of the Revised Code;	5783

(12) Securities issued for the acquisition, construction,	5784
equipping, and improving of a municipal educational and cultural	5785
facility under division (B)(1) of section 307.672 of the Revised	5786
Code;	5787

(13) Securities issued for energy conservation measures	5788
under section 307.041 of the Revised Code;	5789

(14) Securities issued for the acquisition, construction,	5790
equipping, improving, or repair of a sports facility, including	5791
obligations issued to pay costs of a sports facility under section	5792
307.673 of the Revised Code;	5793

(15) Securities issued under section 755.17 of the Revised	5794
Code if the legislation authorizing issuance of the securities	5795
includes a covenant to appropriate from revenue received from a	5796
tax authorized under division (A)(5) of section 5739.026 and	5797
section 5741.023 of the Revised Code an amount sufficient to pay	5798
debt charges on the securities, and the board of county	5799
commissioners pledges that revenue for that purpose, pursuant to	5800
section 755.171 of the Revised Code;	5801

(16) Sales tax supported bonds issued pursuant to section	5802
133.081 of the Revised Code for the purpose of acquiring,	5803
constructing, improving, or equipping any permanent improvement to	5804
the extent that the legislation authorizing the issuance of the	5805
sales tax supported bonds pledges county sales taxes to the	5806
payment of debt charges on the sales tax supported bonds and	5807
contains a covenant to appropriate from county sales taxes a	5808
sufficient amount to cover debt charges or the financing costs	5809
related to the sales tax supported bonds as they become due.;	5810

(17) Bonds or notes issued under section 133.60 of the	5811
Revised Code if the legislation authorizing issuance of the bonds	5812
or notes includes a covenant to appropriate from revenue received	5813
from a tax authorized under division (A)(9) of section 5739.026	5814
and section 5741.023 of the Revised Code an amount sufficient to	5815
pay the debt charges on the bonds or notes, and the board of	5816
county commissioners pledges that revenue for that purpose.;	5817

(18) Securities issued under section 3707.55 of the Revised	5818
Code for the acquisition of real property by a general health	5819
district;	5820

(19) Securities issued under division (A)(3) of section	5821
3313.37 of the Revised Code for the acquisition of real and	5822
personal property by an educational service center.	5823

(D) In calculating the net indebtedness of a county, no	5824
obligation incurred under division (D) of section 339.06 of the	5825
Revised Code shall be considered.	5826

Sec. 135.80.  (A) The legislative authority of a municipal	5827
corporation, by ordinance, or the board of county commissioners,	5828
by resolution, may establish a linked deposit program authorizing	5829
the treasurer or governing board of the municipal corporation or	5830
the investing authority of the county as created or designated by	5831
the ordinance or resolution to place certificates of deposit at up	5832
to three per cent below market rates with an eligible lending	5833
institution applying for interim moneys as provided in section	5834
135.08 of the Revised Code or inactive moneys as provided in	5835
section 135.32 of the Revised Code, provided the institution	5836
agrees either to lend the value of such deposit to eligible	5837
borrowers at up to three per cent below the present borrowing rate	5838
applicable to each borrower, or to enter into an agreement with an	5839
eligible government, as defined in section 135.81 of the Revised	5840
Code, to provide that eligible government with a certificate of	5841
deposit, investment agreement, or other investment in the value of	5842
the linked deposit at an interest rate at up to three per cent	5843
above current market rates, as determined by the eligible	5844
government. The ordinance or resolution shall include such	5845
requirements and provisions as are necessary to establish the	5846
program, including, but not limited to:	5847

(1) Eligibility requirements for borrowers who may receive	5848
reduced rate loans under the program;	5849

(2) Application procedures for borrowers and institutions	5850
wishing to participate in the program;	5851

(3) Review procedures for applications and criteria for	5852
acceptance or rejection of applications for reduced rate loans;	5853

(4) Necessary agreements between the eligible institution	5854
and the treasurer or governing board of the municipal corporation	5855
or the investing authority of the county to carry out the purposes	5856
of the linked deposit program;	5857

(5) Annual reports regarding the operation of the program to	5858
be made by the treasurer or governing board to the legislative	5859
authority or the investing authority to the board of county	5860
commissioners.	5861

(B) The municipal corporation and the treasurer or governing	5862
board, and the county and the investing authority or the board of	5863
county commissioners, are not liable to any eligible lending	5864
institution in any manner for the payment of the principal or	5865
interest on any reduced rate loan made under the program, and any	5866
delay in payment or default on the part of any borrower does not	5867
in any manner affect the deposit agreement between the eligible	5868
lending institution and the treasurer or governing board or the	5869
investing authority or board of county commissioners.	5870

Sec. 135.81.  As used in sections 135.81 to 135.88 of the	5871
Revised Code:	5872

(A) "Above-market investment" means a certificate of deposit,	5873
investment agreement, or other investment bearing an interest rate	5874
at up to three per cent above current market rates as determined	5875
and calculated by the treasurer of state.	5876

(B) "Community improvement corporation" means a corporation	5877
organized under Chapter 1724. of the Revised Code.	5878

(B)(C) "Depressed economic area linked deposit" means a	5879
certificate of deposit in any amount placed by the treasurer of	5880
state with an eligible lending institution at up to three per cent	5881
below current market rates as determined and calculated by the	5882
treasurer of state, provided the institution agrees either to lend	5883
the value of the deposit, according to the deposit agreement	5884
provided in division (C) of section 135.86 of the Revised Code to	5885
eligible businesses at up to three per cent below the present	5886
borrowing rate applicable to each specific business at the time of	5887
the deposit of state funds in the institution, or to enter into an	5888
agreement with an eligible government to provide that eligible	5889
government with an above-market investment in the value of the	5890
depressed economic area linked deposit.	5891

(C)(D) "Eligible business" means an eligible steel company	5892
or any person that possesses all of the following characteristics:	5893

(1) Maintains or, because of the depressed economic area	5894
linked deposit loan, will maintain offices and operating	5895
facilities in an eligible county in this state and transacts	5896
business in the county;	5897

(2) Is organized for profit.

5898

(D)(E) "Eligible county" means any county in this state with	5899
a rate of unemployment as determined by the director of job and	5900
family services that is at least one per cent higher than the	5901
statewide average rate of unemployment.	5902

(E)(F) "Eligible government" means the state or a county,	5903
municipal corporation, or other political subdivision of the state	5904
that has made or guaranteed a loan to a business that is an	5905
eligible steel company. For this purpose, the state or a county,	5906
municipal corporation, or other political subdivision shall be	5907
regarded as having guaranteed a loan to an eligible steel company	5908
if the state, county, municipal corporation, or other political	5909
subdivision has incurred a direct or contingent legal obligation	5910
to repay all or any portion of a loan made to an eligible steel	5911
company, any of the interest accrued on any such loan, or any	5912
amount owed to any person with respect to any letter of credit,	5913
guarantee, surety bond, insurance policy, or other form of credit	5914
facility or credit enhancement provided by that person with	5915
respect to any such loan.	5916

(G) "Eligible lending institution" means a financial	5917
institution that:	5918

(1) Is eligible to make commercial loans;

5919

(2) Is a public depository of state funds under section	5920
135.03 of the Revised Code;	5921

(3) Agrees to participate in the depressed economic area	5922
linked deposit program.	5923

(F)(H) "Eligible steel company" means a corporation or other	5924
person engaged within this state in the production and manufacture	5925
of a product defined by the American iron and steel institute as a	5926
basic steel mill product, including ingots, slab and billets,	5927
plates, flat-rolled steel, sections and structural products, bars,	5928
rail-type products, pipe and tube, and wire rod, or a company	5929
engaged in business in this state that would otherwise be treated	5930
under the Federal Steel Loan Act as a "qualified steel company,"	5931
provided that the corporation or other person is an "eligible	5932
borrower" under the Federal Steel Loan Act.	5933

(I) "Federal Steel Loan Act" means the federal "Emergency	5934
Steel Loan Guarantee Act of 1999," 113 Stat. 252, 15 U.S.C. 1841	5935
(note), as amended, and the regulations thereunder.	5936

(J) "Qualified agent" means a:

5937

(1) Community improvement corporation;

5938

(2) Corporation organized under Chapter 1702. of the Revised	5939
Code that the board of county commissioners of an eligible county	5940
determines meets the criteria established by the director of	5941
development pursuant to section 122.011 of the Revised Code.	5942

Sec. 135.82.  (A) The general assembly finds that several	5943
areas in the state are experiencing economic stagnation or decline	5944
because business activity in those areas is at a level that is too	5945
low to sustain an adequate level of prosperity and a decent	5946
standard of living for area residents. A major factor	5947
contributing to the low level of business activity is the	5948
inability of businesses to obtain needed financing at reasonable	5949
interest rates so as to sustain their operations or to expand	5950
operations. The depressed economic area linked deposit program	5951
provided for in sections 135.81 to 135.88 of the Revised Code is	5952
intended to provide a targeted availability of lower cost funds	5953
for lending purposes that will materially contribute to the	5954
economic revitalization of depressed economic areas in this state	5955
to allow the residents of those areas to enjoy the same level of	5956
prosperity and well being that other residents of the state are	5957
able to enjoy. Accordingly, it is declared to be the public	5958
policy of the state through the depressed economic area linked	5959
deposit program to create an availability of lower cost funds to	5960
inject needed capital into the business community, sustain or	5961
improve business profitability, preserve existing employment and	5962
create new job opportunities, and thereby enhance the economic	5963
prosperity of the affected areas.	5964

(B) The general assembly finds and declares it to be the	5965
public policy of this state, consistent with the purposes of the	5966
steel futures program created under section 122.37 of the Revised	5967
Code, to assist steel companies operating in this state by	5968
expanding forms of assistance available under the depressed	5969
economic area linked deposit program provided for in sections	5970
135.81 to 135.88 of the Revised Code, as amended by the main	5971
operating appropriations act for the 2001-2003 biennium.	5972

(C) The depressed economic area linked deposit program	5973
authorized pursuant to sections 135.81 to 135.88 of the Revised	5974
Code is in addition to and separate from the linked deposit	5975
program authorized pursuant to sections 135.61 to 135.67 of the	5976
Revised Code and the agricultural linked deposit program	5977
authorized pursuant to sections 135.71 to 135.76 of the Revised	5978
Code.	5979

Sec. 135.83.  (A) The treasurer of state may invest in	5980
depressed economic area linked deposits, provided that at the time	5981
of placement of the linked deposit, not more than three per cent	5982
of the state's total investment portfolio is so invested and, in	5983
the case of linked deposits with respect to which an above-market	5984
investment will be provided to an eligible government or a reduced	5985
rate loan will be made for the benefit of an eligible steel	5986
company, the amount of the linked deposit does not exceed the	5987
product of fifteen thousand dollars, multiplied by the number of	5988
employees, as of the time of placement of the linked deposit,	5989
whose employment was reasonably expected to be created or	5990
preserved as a result of the financial assistance provided under	5991
sections 135.81 to 135.88 of the Revised Code.	5992

(B) The amounts the treasurer is authorized to invest	5993
pursuant to division (A) of this section are in addition to the	5994
amounts the treasurer may invest pursuant to section 135.63 of the	5995
Revised Code.	5996

(C) The treasurer of state may not invest more than one	5997
million dollars in depressed economic area linked deposits per	5998
county in any two-year period, excluding deposits linked to	5999
above-market investments held by eligible governments.	6000

Sec. 135.84.  (A) A board of county commissioners of an	6001
eligible county may authorize the county's participation in the	6002
depressed economic area linked deposit program established	6003
pursuant to sections 135.81 to 135.88 of the Revised Code. For	6004
that purpose, the board may:	6005

(1) Appoint a qualified agent to operate the program on	6006
behalf of the board;	6007

(2) Secure eligible lending institutions to participate in	6008
the program. The board shall make every effort to secure eligible	6009
lending institutions located within the county. If no eligible	6010
lending institution located within the county agrees to	6011
participate in the program, the board may secure the participation	6012
of the nearest available eligible lending institution.	6013

(3) Approve loan applications from eligible businesses prior	6014
to the transmittal of depressed economic area linked deposit loan	6015
to the treasurer of state;	6016

(4) Secure and encourage eligible businesses to make loan	6017
applications;	6018

(5) Employ staff, develop forms, and procedures as will	6019
effectuate the county's participation in the program;	6020

(6) Establish, with the approval of the treasurer of state,	6021
a service charge to cover the costs to the board of the county's	6022
participation in the depressed economic area linked deposit	6023
program;	6024

(7) Fix the amount of a loan that is eligible for a reduced	6025
rate based upon a depressed economic area linked deposit, which in	6026
no event, may exceed fifty per cent of the total loan.	6027

(B) If the treasurer of state determines that an eligible	6028
county ceases to be eligible to participate in the depressed	6029
economic area linked deposit program, the treasurer shall notify	6030
the board of county commissioners together with all affected	6031
eligible lending institutions and any qualified agent. Effective	6032
with the first day of the month following the month in which	6033
notification is given, the board shall suspend participation of	6034
the county in the program and shall not approve any further loan	6035
applications pursuant to the program, except that this division	6036
shall not be construed to affect the review and approval or denial	6037
of loan applications that are pending on the date the suspension	6038
takes effect nor the repayment or servicing of loans already made.	6039
If the county subsequently again becomes eligible to participate	6040
in the program, the board may, with the approval of the treasurer	6041
of state, commence operation of the program in the county the	6042
first day of the month following the month in which the treasurer	6043
of state grants approval.	6044

(C) The board of county commissioners may, with the approval	6045
of the treasurer of state, establish a service fee to be charged	6046
in connection with the application of an eligible business for	6047
that portion of a total loan which represents a depressed economic	6048
area linked deposit loan. The eligible business shall pay the	6049
service fee to the board. The board shall use the service fee	6050
solely to pay the costs incurred by the board or its qualified	6051
agent in effectuating the county's participation in the depressed	6052
economic area linked deposit program. The amount of the fee shall	6053
be no more than will recover to the county its costs and may not	6054
exceed an amount equal to one-half of one per cent of that portion	6055
of a loan that is based upon a depressed economic area linked	6056
deposit.	6057

(D) The board of county commissioners, in lieu of directly	6058
operating the depressed economic area linked deposit loan program	6059
for the county, may appoint a qualified agent upon terms as are	6060
agreed to between the board and the agent. Where the board	6061
appoints a community improvement corporation as its qualified	6062
agent pursuant to sections 135.81 to 135.88 of the Revised Code,	6063
the appointment does not constitute an appointment of the	6064
corporation as the county agent for the purposes of section	6065
1724.10 of the Revised Code, unless the board separately appoints	6066
the corporation pursuant to that section, nor does appointment of	6067
the corporation pursuant to section 1724.10 of the Revised Code	6068
constitute appointment of the corporation for the purposes of	6069
sections 135.81 to 135.88 of the Revised Code.	6070

(E) The board of county commissioners of any county that is	6071
an eligible government, and the legislative authority of any	6072
municipal corporation that is an eligible government, may	6073
authorize that eligible government to participate with the	6074
treasurer of state in the depressed economic area linked deposit	6075
program established pursuant to sections 135.81 to 135.88 of the	6076
Revised Code on such terms as may be agreed upon between the	6077
eligible government and the treasurer of state.	6078

Sec. 135.85.  (A) An eligible business desiring to receive a	6079
loan from an eligible lending institution up to fifty per cent of	6080
which is a depressed economic area linked deposit reduced rate	6081
loan, shall make application to the institution upon such forms as	6082
the institution requires. The business shall certify on its loan	6083
application that the total loan will be used exclusively to	6084
preserve existing jobs or employment opportunities or create new	6085
jobs and will materially contribute to the preservation or	6086
expansion of the business. Whoever knowingly makes a false	6087
statement concerning such application is guilty of the offense of	6088
falsification under section 2921.13 of the Revised Code. In	6089
making its decision with respect to a loan application, the	6090
eligible lending institution shall apply all usual lending	6091
institution standards to determine the creditworthiness of each	6092
eligible business.	6093

(B) The eligible lending institution shall forward completed	6094
loan applications the institution approves to the board of county	6095
commissioners or the qualified agent of the board. The board or	6096
agent shall approve or disapprove the loan within fourteen working	6097
days from receipt of the application from the eligible lending	6098
institution. In considering which loan applications to approve,	6099
the board of county commissioners or its qualified agent shall	6100
give priority to the immediacy of a business's financial need for	6101
the loan, the economic needs of the area in which the business is	6102
located, the number of jobs to be created or preserved by the	6103
receipt of the loan, and such other factors as the board or the	6104
agent consider appropriate to determine the relative financial	6105
need of the eligible business and the county as a whole. The	6106
eligible lending institution also shall forward to the board of	6107
county commissioners or its qualified agent those loan	6108
applications it rejects together with a statement of the reason	6109
for the rejection.	6110

(C) The eligible lending institution shall forward to the	6111
treasurer of state a depressed economic area linked deposit	6112
package, based upon loans which the board of county commissioners	6113
or the qualified agent have approved, in the form and manner	6114
prescribed by the treasurer of state. The package shall include	6115
information regarding the amount of the loan requested by each	6116
eligible business and such other information regarding each	6117
business as the treasurer of state requires. The institution	6118
shall certify that each applicant is an eligible business, that	6119
the depressed economic area linked deposit for which the	6120
institution is making application represents no more than fifty	6121
per cent of the total loan for which the eligible business is	6122
applying, and shall, for each business, certify the present	6123
borrowing rate applicable to the depressed economic area linked	6124
deposit portion of the loan applicable to each specific eligible	6125
business.	6126

(D) An eligible lending institution and eligible government	6127
may forward to the treasurer of state, either separately or in	6128
conjunction with a depressed economic area linked deposit package,	6129
a proposal for the eligible lending institution to provide the	6130
eligible government with an above-market investment on such terms	6131
as may be agreed upon between the eligible lending institution and	6132
the eligible government.	6133

Sec. 135.86.  (A) The treasurer of state may accept or	6134
reject a depressed economic area linked deposit loan or loan	6135
package, including a proposal for an above-market investment to be	6136
held by an eligible government, or any portion of a loan package	6137
based on the treasurer's evaluation of the eligible businesses or	6138
eligible governments included, the amount of individual loans	6139
involved, and the amount of the total package. The treasurer of	6140
state may consult with the director of development as the	6141
treasurer finds necessary in making the decision. The treasurer	6142
shall give priority to a business's or an eligible government's	6143
need for the loan, the economic needs of the area where the	6144
business or eligible government is located, and the ratio of state	6145
funds to be deposited with the eligible lending institution to the	6146
jobs sustained or created. The treasurer also shall consider any	6147
reports, statements, or plans applicable to the business or	6148
eligible government, the overall financial need of the business or	6149
eligible government, and such other factors as the treasurer	6150
considers appropriate. Whenever the department of development	6151
believes that the economic needs of a county or the state require	6152
the suspension or redirection of depressed economic area linked	6153
deposits with respect to a county or that a linked deposit loan	6154
will be improperly made, it may make such recommendations to the	6155
treasurer of state as the department considers appropriate to its	6156
concerns.	6157

(B) Upon acceptance of the depressed economic area loan	6158
package or any portion thereof, the treasurer of state may place	6159
certificates of deposit with the eligible lending institution at a	6160
rate of up to three per cent below current market rates as	6161
determined and calculated by the treasurer of state. When	6162
necessary, the treasurer may place certificates of deposit prior	6163
to acceptance of a depressed economic area linked deposit loan	6164
package.	6165

(C) The eligible lending institution shall enter into a	6166
depressed economic area linked deposit agreement with the	6167
treasurer of state which shall include requirements necessary to	6168
carry out the purposes of sections 135.81 to 135.88 of the Revised	6169
Code. The requirements shall include an agreement by the eligible	6170
lending institution either to lend the value of the depressed	6171
economic area linked deposit to eligible businesses at a rate of	6172
up to three per cent below the present borrowing rate applicable	6173
to each specific business in the loan package, or to enter into an	6174
agreement with an eligible government to provide that eligible	6175
government with an above-market investment in the value of the	6176
depressed economic area linked deposit. The requirements also	6177
shall reflect the market conditions prevailing in the eligible	6178
lending institution's lending area. The agreement may include a	6179
specification of the period of time in which the lending	6180
institution is to lend funds or to provide an above-market	6181
investment upon the placement of the linked deposit and shall	6182
include provisions for the certificates of deposit to be placed	6183
for any maturity considered appropriate by the treasurer of state,	6184
not to exceed two years. Certificates of deposit may be renewed	6185
for additional periods not to exceed two years at the option of	6186
the treasurer of state. Interest shall be paid at the times	6187
determined by the treasurer of state.	6188

(D) Notwithstanding any other provision of this chapter to	6189
the contrary, an above-market investment entered into by an	6190
eligible government with an eligible lending institution in	6191
compliance with the provisions of this chapter that refer	6192
expressly to above-market investments shall be a legal and	6193
authorized investment for the interim or inactive moneys of that	6194
government.	6195

(E) Eligible lending institutions shall comply fully with	6196
sections 135.81 to 135.88 of the Revised Code.	6197

Sec. 135.87.  (A) Upon placement of a depressed economic	6198
area linked deposit with an eligible lending institution, the	6199
institution is required either to lend such funds to each approved	6200
eligible business listed in the depressed economic area linked	6201
deposit loan package required by division (C) of section 135.85 of	6202
the Revised Code, or to enter in above-market investments with	6203
eligible governments or eligible lending institutions in	6204
accordance with the terms of the proposal submitted to the	6205
treasurer of state under division (D) of section 135.85 of the	6206
Revised Code, in each case in accordance with the deposit	6207
agreement required by division (C) of section 135.86 of the	6208
Revised Code. The loan shall be at a rate that is up to three per	6209
cent below the present borrowing rate applicable to each business,	6210
and any above-market investment shall bear interest at a rate that	6211
is up to three per cent above current market rates as determined	6212
by the treasurer of state. A certificate of compliance with this	6213
section in the form and manner prescribed by the treasurer of	6214
state shall be required of the eligible lending institution.	6215

(B) The treasurer of state shall take any and all steps	6216
necessary to implement the depressed economic area linked deposit	6217
program, including the development of guidelines as necessary, and	6218
monitor compliance of eligible lending institutions and, eligible	6219
businesses, and eligible governments. The treasurer of state and	6220
the department of development shall notify each other at least	6221
quarterly of the names of the eligible businesses and eligible	6222
governments receiving financial assistance from their respective	6223
programs.	6224

Annually, by the first day of February, the treasurer of	6225
state shall report on the depressed economic area linked deposit	6226
program for the preceding calendar year to the governor, the	6227
speaker of the house of representatives, the president of the	6228
senate, and to the chairmen chairpersons of the standing	6229
committees in each house that customarily consider economic	6230
development legislation. The report shall set forth the depressed	6231
economic area linked deposits made by the treasurer of state under	6232
the program during the prior calendar year and shall include	6233
information regarding the nature, terms, and amounts of the loans	6234
upon which the deposits were based and the eligible businesses and	6235
eligible governments to which loans were made financial assistance	6236
was provided.	6237

Sec. 140.01.  As used in this chapter:

6238

(A) "Hospital agency" means any public hospital agency or any	6239
nonprofit hospital agency.	6240

(B) "Public hospital agency" means any county, board of	6241
county hospital trustees established pursuant to section 339.02 of	6242
the Revised Code, county hospital commission established pursuant	6243
to section 339.14 of the Revised Code, municipal corporation, new	6244
community authority organized under Chapter 349. of the Revised	6245
Code, joint township hospital district, state or municipal	6246
university or college operating or authorized to operate a	6247
hospital facility, or the state.	6248

(C) "Nonprofit hospital agency" means a corporation or	6249
association not for profit, no part of the net earnings of which	6250
inures or may lawfully inure to the benefit of any private	6251
shareholder or individual, that has authority to own or operate a	6252
hospital facility or provides or is to provide services to one or	6253
more other hospital agencies.	6254

(D) "Governing body" means, in the case of a county, the	6255
board of county commissioners or other legislative body; in the	6256
case of a board of county hospital trustees, the board; in the	6257
case of a county hospital commission, the commission; in the case	6258
of a municipal corporation, the council or other legislative	6259
authority; in the case of a new community authority, its board of	6260
trustees; in the case of a joint township hospital district, the	6261
joint township district hospital board; in the case of a state or	6262
municipal university or college, its board of trustees or board of	6263
directors; in the case of a nonprofit hospital agency, the board	6264
of trustees or other body having general management thereof of the	6265
agency; and, in the case of the state, the director of development	6266
or the Ohio higher educational facility commission.	6267

(E) "Hospital facilities" means buildings, structures and	6268
other improvements, additions thereto and extensions thereof,	6269
furnishings, equipment, and real estate and interests in real	6270
estate, used or to be used for or in connection with one or more	6271
hospitals, emergency, intensive, intermediate, extended,	6272
long-term, or self-care facilities, diagnostic and treatment and	6273
out-patient facilities, facilities related to programs for home	6274
health services, clinics, laboratories, public health centers,	6275
research facilities, and rehabilitation facilities, for or	6276
pertaining to diagnosis, treatment, care, or rehabilitation of	6277
sick, ill, injured, infirm, impaired, disabled, or handicapped	6278
persons, or the prevention, detection, and control of disease, and	6279
also includes education, training, and food service facilities for	6280
health professions personnel, housing facilities for such	6281
personnel and their families, and parking and service facilities	6282
in connection with any of the foregoing; and includes any one,	6283
part of, or any combination of the foregoing; and further includes	6284
site improvements, utilities, machinery, facilities, furnishings,	6285
and any separate or connected buildings, structures, improvements,	6286
sites, utilities, facilities, or equipment to be used in, or in	6287
connection with the operation or maintenance of, or supplementing	6288
or otherwise related to the services or facilities to be provided	6289
by, any one or more of such hospital facilities.	6290

(F) "Costs of hospital facilities" means the costs of	6291
acquiring or constructing hospital facilities, costs of improving	6292
one or more hospital facilities, including reconstructing,	6293
rehabilitating, remodeling, renovating, and enlarging, costs of	6294
equipping and furnishing such facilities, and all financing costs	6295
pertaining thereto, including, without limitation thereto, costs	6296
of engineering, architectural, and other professional services,	6297
designs, plans, specifications and surveys, and estimates of cost,	6298
costs of tests and inspections, the costs of any indemnity or	6299
surety bonds and premiums on insurance, all related direct or	6300
allocable administrative expenses pertaining thereto, fees and	6301
expenses of trustees, depositories, and paying agents for the	6302
obligations, cost of issuance of the obligations and financing	6303
charges and fees and expenses of financial advisors, attorneys,	6304
accountants, consultants and rating services in connection	6305
therewith, capitalized interest on the obligations, amounts	6306
necessary to establish reserves as required by the bond	6307
proceedings, the reimbursement of all moneys advanced or applied	6308
by the hospital agency or others or borrowed from others for the	6309
payment of any item or items of costs of such facilities, and all	6310
other expenses necessary or incident to planning or determining	6311
feasibility or practicability with respect to such facilities, and	6312
such other expenses as may be necessary or incident to the	6313
acquisition, construction, reconstruction, rehabilitation,	6314
remodeling, renovation, enlargement, improvement, equipment, and	6315
furnishing of such facilities, the financing thereof, and the	6316
placing of the same in use and operation, including any one, part	6317
of, or combination of such classes of costs and expenses, and	6318
means the costs of refinancing obligations issued by, or	6319
reimbursement of money advanced by, nonprofit hospital agencies or	6320
others the proceeds of which were used for the payment of costs of	6321
hospital facilities, if the governing body of the public hospital	6322
agency determines that the refinancing or reimbursement advances	6323
the purposes of this chapter, whether or not the refinancing or	6324
reimbursement is in conjunction with the acquisition or	6325
construction of additional hospital facilities.	6326

(G) "Hospital receipts" means all moneys received by or on	6327
behalf of a hospital agency from or in connection with the	6328
ownership, operation, acquisition, construction, improvement,	6329
equipping, or financing of any hospital facilities, including,	6330
without limitation thereto, any rentals and other moneys received	6331
from the lease, sale, or other disposition of hospital facilities,	6332
and any gifts, grants, interest subsidies, or other moneys	6333
received under any federal program for assistance in financing the	6334
costs of hospital facilities, and any other gifts, grants, and	6335
donations, and receipts therefrom, available for financing the	6336
costs of hospital facilities.	6337

(H) "Obligations" means bonds, notes, or other evidences of	6338
indebtedness or obligation, including interest coupons pertaining	6339
thereto, issued or issuable by a public hospital agency to pay	6340
costs of hospital facilities.	6341

(I) "Bond service charges" means principal, interest, and	6342
call premium, if any, required to be paid on obligations.	6343

(J) "Bond proceedings" means one or more ordinances,	6344
resolutions, trust agreements, indentures, and other agreements or	6345
documents, and amendments and supplements to the foregoing, or any	6346
combination thereof, authorizing or providing for the terms,	6347
including any variable interest rates, and conditions applicable	6348
to, or providing for the security of, obligations and the	6349
provisions contained in such obligations.	6350

(K) "Nursing home" has the same meaning as in division (A)(1)	6351
of section 5701.13 of the Revised Code.	6352

(L) "Residential care facility" has the same meaning as in	6353
division (A)(2) of section 5701.13 of the Revised Code.	6354

(M) "Adult care facility" has the same meaning as in division	6355
(A)(3) of section 5701.13 of the Revised Code.	6356

(N) "Independent living facility" means any self-care	6357
facility or other housing facility designed or used as a residence	6358
for elderly persons. An "independent living facility" does not	6359
include a residential facility, or that part of a residential	6360
facility, that is any of the following:	6361

(1) A hospital required to be certified by section 3727.02	6362
of the Revised Code;	6363

(2) A nursing home or residential care facility;

6364

(3) An adult care facility;

6365

(4) A hospice licensed under section 3712.04 of the Revised	6366
Code;	6367

(5) A habilitation center as defined in section 5123.041 of	6368
the Revised Code;	6369

(6) A residential facility for the mentally ill licensed by	6370
the department of mental health under section 5119.22 of the	6371
Revised Code;	6372

(7) A facility licensed to provide methadone treatment under	6373
section 3793.11 of the Revised Code;	6374

(8) A facility certified as an alcohol and drug addiction	6375
program under section 3793.06 of the Revised Code;	6376

(9) A residential facility licensed under section 5123.19 of	6377
the Revised Code or a facility providing services under a contract	6378
with the department of mental retardation and developmental	6379
disabilities under section 5123.18 of the Revised Code;	6380

(10) A residential facility used as part of a hospital to	6381
provide housing for staff of the hospital or students pursuing a	6382
course of study at the hospital.	6383

Sec. 147.01.  (A) The governor secretary of state may	6384
appoint and commission as notaries public as many persons who meet	6385
the qualifications of division (B) of this section as he the	6386
secretary of state considers necessary.	6387

(B) In order for a person to qualify to be appointed and	6388
commissioned as a notary public, the person must satisfy both of	6389
the following:	6390

(1) The person has attained the age of eighteen years.

6391

(2) One of the following applies:

6392

(a) The person is a citizen of this state who is not an	6393
attorney admitted to the practice of law.	6394

(b) The person is a citizen of this state who is an attorney	6395
admitted to the practice of law in this state by the Ohio supreme	6396
court.	6397

(c) The person is not a citizen of this state, is an	6398
attorney admitted to the practice of law in this state by the Ohio	6399
supreme court, and has his the person's principal place of	6400
business or his the person's primary practice in this state.	6401

(C) A notary public shall be appointed and commissioned as a	6402
notary public for the state. The governor secretary of state may	6403
revoke a commission issued to a notary public upon presentation of	6404
satisfactory evidence of official misconduct or incapacity.	6405

Sec. 147.02.  (A) Before the appointment of a notary public	6406
is made, the applicant shall produce to the governor secretary of	6407
state a signed oath of office as a notary public and a certificate	6408
from a judge or justice of the court of common pleas, court of	6409
appeals, or supreme court that contains the following:	6410

(1) A statement that the applicant is of good moral	6411
character;	6412

(2) If the applicant is not an attorney admitted to the	6413
practice of law in this state by the Ohio supreme court, a	6414
statement that he the applicant is a citizen of the county in	6415
which he the applicant resides;	6416

(3) If the applicant is an attorney admitted to the practice	6417
of law in this state by the Ohio supreme court, a statement that	6418
he the applicant is possessed of sufficient qualifications and	6419
ability to discharge the duties of the office of notary public.	6420

(B) No judge or justice shall issue a certificate required	6421
by division (A) of this section until he the judge or justice is	6422
satisfied from his personal knowledge that the applicant possesses	6423
the qualifications necessary to a proper discharge of the duties	6424
of the office or until the applicant has passed an examination	6425
under any rules that the judge or justice may prescribe.	6426

(C) If the applicant is a citizen of this state who is an	6427
attorney admitted to the practice of law in this state by the Ohio	6428
supreme court, the judge or justice also shall certify this fact	6429
in the certification required by division (A) of this section.	6430

(D) If the applicant is not a citizen of this state but is	6431
an attorney who is admitted to the practice of law in this state	6432
by the Ohio supreme court and whose principal place of business or	6433
primary practice is in this state, the judge or justice also shall	6434
certify these facts in the certification required by division (A)	6435
of this section.	6436

(E) For the purposes of sections 147.03, 147.04, 147.05, and	6437
147.13 of the Revised Code, the county in which an attorney who is	6438
not a citizen of this state and who is a notary public has his the	6439
attorney's principal place of business or his the attorney's	6440
primary practice shall be deemed the county in which he the	6441
attorney resides.	6442

Sec. 147.03.  Each notary public, except an attorney admitted	6443
to the practice of law in this state by the Ohio supreme court,	6444
shall hold his office for the term of five years unless the	6445
commission is revoked. Before entering upon the duties of his	6446
office, he shall take and subscribe an oath to be endorsed on his	6447
commission. An	6448

An attorney admitted to the practice of law in this state by	6449
the Ohio supreme court shall hold his office as a notary public as	6450
long as he the attorney is a resident of this state or has his the	6451
attorney's principal place of business or primary practice in this	6452
state, he the attorney is in good standing before the Ohio supreme	6453
court, and the commission is not revoked. Before entering upon	6454
the duties of his office, he a notary public shall deposit with	6455
the secretary of state the certificate provided for in section	6456
147.02 of the Revised Code and shall take and subscribe an oath to	6457
be endorsed on his the notary public's commission.	6458

A notary public who violates the oath of office required by	6459
this section shall be removed from office by the court of common	6460
pleas of the county in which he the notary public resides, upon	6461
complaint filed and substantiated in the court, and the court,	6462
upon removing a notary public from office, shall certify the	6463
removal to the governor secretary of state. The person so removed	6464
shall be ineligible for reappointment to the office of notary	6465
public.	6466

Each person holding office as a notary public on October 24,	6467
1961, shall continue in that office until the expiration of his	6468
term, and, after the expiration of that office, he shall hold	6469
office pursuant to this section.	6470

Sec. 147.05.  Before entering upon the duties of his office,	6471
a notary public shall leave his commission with the oath indorsed	6472
on the commission with the clerk of the court of common pleas of	6473
the county in which he resides. The commission shall be recorded	6474
by the clerk in a book kept for that purpose. The clerk secretary	6475
of state shall indorse on the margin of the record and on the back	6476
of the commission the time he received it for record the	6477
commission of each notary public appointed and commissioned under	6478
this chapter by the secretary of state and make a proper index to	6479
all commissions so recorded by him. For recording and indexing	6480
the a commission, the fee of the clerk secretary of state shall be	6481
as provided for in division (R) of section 2303.20 of the Revised	6482
Code ten dollars.	6483

The governor's office shall transfer to the secretary of	6484
state's office, on or after the effective date of this amendment,	6485
the record of notaries public formerly kept by the governor's	6486
office under section 107.10 of the Revised Code. The secretary of	6487
state's office shall maintain that record together with the record	6488
and index of commissions of notaries public required by this	6489
section.	6490

Sec. 147.06.  Upon application, the clerk of the court of	6491
common pleas secretary of state shall make a certified copy of a	6492
notary public commission and the indorsements thereon on the	6493
commission, under the seal of the court, which secretary of state.	6494
The certified copy shall be prima-facie evidence of the matters	6495
and facts therein contained in it. For each certified copy of a	6496
notary public commission, the clerk secretary of state shall be	6497
entitled to receive a fee of two dollars.	6498

Sec. 147.13.  A notary public who charges or receives for an	6499
act or service done or rendered by him the notary public a fee	6500
greater than the amount prescribed by law, or who dishonestly or	6501
unfaithfully discharges any of his official duties as notary	6502
public, shall be removed from his office by the court of common	6503
pleas of the county in which he the notary public resides, upon	6504
complaint filed and substantiated in such the court, and the. The	6505
court shall thereupon certify such the removal to the governor	6506
secretary of state. The person so removed shall be ineligible for	6507
reappointment to the office of notary public.	6508

Sec. 147.14.  No notary public shall certify to the affidavit	6509
of a person without administering the appropriate oath or	6510
affirmation to such the person. A notary public who violates this	6511
section shall be removed from office by the court of common pleas	6512
of the county in which the a conviction was for a violation of	6513
this section is had. The court shall thereupon certify such the	6514
removal to the governor secretary of state. The person so removed	6515
shall be ineligible to reappointment for a period of three years.	6516

Sec. 147.37.  Each person receiving a commission as notary	6517
public, except an attorney admitted to the practice of law in this	6518
state by the Ohio supreme court, shall pay a fee of five dollars	6519
to the secretary of state. Each person receiving a commission as	6520
a notary public who is an attorney admitted to the practice of law	6521
in this state by the Ohio supreme court shall pay a fee of ten	6522
dollars to the secretary of state.	6523

Sec. 147.371.  Upon receipt of a fee of two dollars and an	6524
affidavit that the original commission of a notary public has been	6525
lost or destroyed, a duplicate commission as notary public shall	6526
be issued by the governor secretary of state.	6527

Sec. 151.04.  This section applies to obligations as defined	6528
in this section.	6529

(A) As used in this section:

6530

(1) "Costs of capital facilities" include related direct	6531
administrative expenses and allocable portions of direct costs of	6532
the using institution.	6533

(2) "Obligations" means obligations as defined in section	6534
154.30 151.01 of the Revised Code issued to pay costs of capital	6535
facilities for state-supported or state-assisted institutions of	6536
higher education.	6537

(3) "State-supported or state-assisted institutions of	6538
higher education" means a state university or college, or	6539
community college district, technical college district, university	6540
branch district, or state community college, or other institution	6541
for education, including technical education, beyond the high	6542
school, receiving state support or assistance for its expenses of	6543
operation. "State university or college" means each of the state	6544
universities identified in section 3345.011 of the Revised Code,	6545
the northeastern Ohio universities college of medicine, and the	6546
medical college of Ohio at Toledo.	6547

(4) "Using institution" means the state-supported or	6548
state-assisted institution of higher education, or two or more	6549
institutions acting jointly, that are the ultimate users of	6550
capital facilities for state-supported and state-assisted	6551
institutions of higher education financed with net proceeds of	6552
obligations.	6553

(B) The issuing authority shall issue obligations to pay	6554
costs of capital facilities for state-supported and state-assisted	6555
institutions of higher education pursuant to Section 2n of Article	6556
VIII, Ohio Constitution, section 151.01 of the Revised Code, and	6557
this section.	6558

(C) Net proceeds of obligations shall be deposited into the	6559
higher education improvement fund created by division (F) of	6560
section 154.21 of the Revised Code.	6561

(D) There is hereby created in the state treasury the	6562
"higher education capital facilities bond service fund." All	6563
moneys received by the state and required by the bond proceedings,	6564
consistent with sections 151.01 and 151.04 of the Revised Code, to	6565
be deposited, transferred, or credited to the bond service fund,	6566
and all other moneys transferred or allocated to or received for	6567
the purposes of that fund, shall be deposited and credited to the	6568
bond service fund, subject to any applicable provisions of the	6569
bond proceedings but without necessity for any act of	6570
appropriation. During the period beginning with the date of the	6571
first issuance of obligations and continuing during the time that	6572
any obligations are outstanding in accordance with their terms, so	6573
long as moneys in the bond service fund are insufficient to pay	6574
debt service when due on those obligations payable from that fund	6575
(except the principal amounts of bond anticipation notes payable	6576
from the proceeds of renewal notes or bonds anticipated) and due	6577
in the particular fiscal year, a sufficient amount of revenues of	6578
the state is committed and, without necessity for further act of	6579
appropriation, shall be paid to the bond service fund for the	6580
purpose of paying that debt service when due.	6581

Sec. 166.03.  (A) There is hereby created the facilities	6582
establishment fund within the state treasury, consisting of	6583
proceeds from the issuance of obligations as specified under	6584
section 166.08 of the Revised Code; the moneys received by the	6585
state from the sources specified in section 166.09 of the Revised	6586
Code; service charges imposed under sections 166.06 and 166.07 of	6587
the Revised Code; any grants, gifts, or contributions of moneys	6588
received by the director of development to be used for loans made	6589
under section 166.07 of the Revised Code or for the payment of the	6590
allowable costs of project facilities; and all other moneys	6591
appropriated or transferred to the fund. Moneys in the loan	6592
guarantee fund in excess of four per cent of the unpaid principal	6593
amount of loan repayments guaranteed under section 166.06 of the	6594
Revised Code, but subject to the provisions and requirements of	6595
any guarantee contracts, may be transferred to the facilities	6596
establishment fund by the treasurer of state upon the order of the	6597
director of development. Moneys received by the state under	6598
Chapter 122. of the Revised Code, to the extent allocable to the	6599
utilization of moneys derived from proceeds of the sale of	6600
obligations pursuant to section 166.08 of the Revised Code, shall	6601
be credited to the facilities establishment fund.	6602

(B) All moneys appropriated or transferred to the facilities	6603
establishment fund may be released at the request of the director	6604
of development for payment of allowable costs or the making of	6605
loans under this chapter, for transfer to the loan guarantee fund	6606
established in section 166.06 of the Revised Code, or for use for	6607
the purpose of or transfer to the funds established by sections	6608
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, 122.601,	6609
and 122.80 of the Revised Code and, until July 1, 2001 2003, the	6610
funds established by sections 122.26 and 166.031 of the Revised	6611
Code, but only for such of those purposes as are within the	6612
authorization of Section 13 of Article VIII, Ohio Constitution, in	6613
all cases subject to the approval of the controlling board.	6614

(C) The department of development, in the administration of	6615
the facilities establishment fund, is encouraged to utilize and	6616
promote the utilization of, to the maximum practicable extent, the	6617
other existing programs, business incentives, and tax incentives	6618
that department is required or authorized to administer or	6619
supervise.	6620

Sec. 169.01.  As used in this chapter, unless the context	6621
otherwise requires:	6622

(A) "Financial organization" means any bank, trust company,	6623
savings bank, safe deposit company, mutual savings bank without	6624
mutual stock, savings and loan association, credit union, or	6625
investment company.	6626

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	6627
or intangible property, described in section 169.02 of the Revised	6628
Code, when, as shown by the records of the holder, the owner has	6629
not, within the times provided in section 169.02 of the Revised	6630
Code, done any of the following:	6631

(a) Increased, decreased, or adjusted the amount of such	6632
funds;	6633

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

6634

(c) Presented an appropriate record for the crediting of	6635
such funds or received payment of such funds by check, draft, or	6636
otherwise;	6637

(d) Corresponded with the holder concerning such funds;

6638

(e) Otherwise indicated an interest in or knowledge of such	6639
funds;	6640

(f) Transacted business with the holder.

6641

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

6642

(a) Money received or collected under section 9.39 of the	6643
Revised Code;	6644

(b) Any payment or credit due to a business association from	6645
a business association representing sums payable to suppliers, or	6646
payment for services rendered, in the course of business,	6647
including, but not limited to, checks or memoranda, overpayments,	6648
unidentified remittances, nonrefunded overcharges, discounts,	6649
refunds, and rebates;	6650

(c) Any payment or credit received by a business association	6651
from a business association for tangible goods sold, or services	6652
performed, in the course of business, including, but not limited	6653
to, checks or memoranda, overpayments, unidentified remittances,	6654
nonrefunded overcharges, discounts, refunds, and rebates;	6655

(d) Any credit due a retail customer that is represented by a	6656
gift certificate, gift card, merchandise credit, or merchandise	6657
credit card, redeemable only for merchandise.	6658

For purposes of divisions (B)(2)(b) and (c) of this section,	6659
"business association" means any corporation, joint venture,	6660
business trust, limited liability company, partnership,	6661
association, or other business entity composed of one or more	6662
individuals, whether or not the entity is for profit.	6663

(C) "Owner" means any person, or the person's legal	6664
representative, entitled to receive or having a legal or equitable	6665
interest in or claim against moneys, rights to moneys, or other	6666
intangible property, subject to this chapter.	6667

(D)(1) "Holder" means any person that has possession,	6668
custody, or control of moneys, rights to moneys, or other	6669
intangible property, or that is indebted to another, if any of the	6670
following applies:	6671

(a) Such person resides in this state;

6672

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

6673

(c) Such person is formed under the laws of the United	6674
States and has an office or principal place of business in this	6675
state;	6676

(d) The records of such person indicate that the last known	6677
address of the owner of such moneys, rights to moneys, or other	6678
intangible property is in this state;	6679

(e) The records of such person do not indicate the last	6680
known address of the owner of the moneys, rights to moneys, or	6681
other intangible property and the entity originating or issuing	6682
the moneys, rights to moneys, or other intangible property is this	6683
state or any political subdivision of this state, or is	6684
incorporated, organized, created, or otherwise located in this	6685
state. Division (D)(1)(e) of this section applies to all moneys,	6686
rights to moneys, or other intangible property that is in the	6687
possession, custody, or control of such person on or after July	6688
22, 1994, whether the moneys, rights to moneys, or other	6689
intangible property becomes unclaimed funds prior to or on or	6690
after such that date.	6691

(2) "Holder" does not mean any hospital granted tax-exempt	6692
status under section 501(c)(3) of the Internal Revenue Code or any	6693
hospital owned or operated by the state or by any political	6694
subdivision. Any entity in order to be exempt from the definition	6695
of "holder" pursuant to this division shall make a reasonable,	6696
good-faith effort to contact the owner of the unclaimed funds.	6697

(E) "Person" includes a natural person; corporation, whether	6698
for profit or not for profit; copartnership; unincorporated	6699
association or organization; public authority; estate; trust; two	6700
or more persons having a joint or common interest; eleemosynary	6701
organization; fraternal or cooperative association; other legal or	6702
community entity; the United States government, including any	6703
district, territory, possession, officer, agency, department,	6704
authority, instrumentality, board, bureau, or court; or any state	6705
or political subdivision thereof, including any officer, agency,	6706
board, bureau, commission, division, department, authority, court,	6707
or instrumentality.	6708

(F) "Mortgage funds" means the mortgage insurance fund	6709
created by section 122.561 of the Revised Code, and the housing	6710
guarantee fund created by division (D) of section 128.11 of the	6711
Revised Code.	6712

(G) "Lawful claims" means any vested right a holder of	6713
unclaimed funds has against the owner of such unclaimed funds.	6714

(H) "Public utility" means any entity defined as such by	6715
division (A) of section 745.01 or by section 4905.02 of the	6716
Revised Code.	6717

(I) "Deposit" means to place money in the custody of a	6718
financial organization for the purpose of establishing an	6719
income-bearing account by purchase or otherwise.	6720

(J) "Income-bearing account" means a time or savings	6721
account, whether or not evidenced by a certificate of deposit, or	6722
an investment account through which investments are made solely in	6723
obligations of the United States or its agencies or	6724
instrumentalities or guaranteed as to principal and interest by	6725
the United States or its agencies or instrumentalities, debt	6726
securities rated as investment grade by at least two nationally	6727
recognized rating services, debt securities which the director of	6728
commerce has determined to have been issued for the safety and	6729
welfare of the residents of this state, and equity interests in	6730
mutual funds that invest solely in some or all of the above-listed	6731
securities and involve no general liability, without regard to	6732
whether income earned on such accounts, securities, or interests	6733
is paid periodically or at the end of a term.	6734

Sec. 173.35.  (A) As used in this section, "PASSPORT	6735
administrative agency" means an entity under contract with the	6736
department of aging to provide administrative services regarding	6737
the PASSPORT program created under section 173.40 of the Revised	6738
Code.	6739

(B) The department of aging shall administer the residential	6740
state supplement program under which the state supplements the	6741
supplemental security income payments received by aged, blind, or	6742
disabled adults under Title XVI of the "Social Security Act," 49	6743
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	6744
supplement payments shall be used for the provision of	6745
accommodations, supervision, and personal care services to	6746
supplemental security income recipients who the department	6747
determines are at risk of needing institutional care.	6748

(C) For an individual to be eligible for residential state	6749
supplement payments, all of the following must be the case:	6750

(1) Except as provided by division (G) of this section, the	6751
individual must reside in one of the following:	6752

(a) An adult foster home certified under section 173.36 of	6753
the Revised Code;	6754

(b) A home or facility, other than a nursing home or nursing	6755
home unit of a home for the aging, licensed by the department of	6756
health under Chapter 3721. or 3722. of the Revised Code;	6757

(c) A community alternative home licensed under section	6758
3724.03 of the Revised Code;	6759

(d) A residential facility as defined in division	6760
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	6761
the department of mental health;	6762

(e) An apartment or room used to provide community mental	6763
health housing services certified by the department of mental	6764
health under division (M) of section 5119.61 5119.611 of the	6765
Revised Code and approved by a board of alcohol, drug addiction,	6766
and mental health services under division (A)(13)(14) of section	6767
340.03 of the Revised Code.	6768

(2) Effective July 1, 2000, a PASSPORT administrative agency	6769
must have determined that the environment in which the individual	6770
will be living while receiving the payments is appropriate for the	6771
individual's needs. If the individual is eligible for	6772
supplemental security income payments or social security	6773
disability insurance benefits because of a mental disability, the	6774
PASSPORT administrative agency shall refer the individual to a	6775
community mental health agency for the community mental health	6776
agency to issue in accordance with section 340.091 of the Revised	6777
Code a recommendation on whether the PASSPORT administrative	6778
agency should determine that the environment in which the	6779
individual will be living while receiving the payments is	6780
appropriate for the individual's needs. Division (C)(2) of this	6781
section does not apply to an individual receiving residential	6782
state supplement payments on June 30, 2000, until the individual's	6783
first eligibility redetermination after that date.	6784

(3) The individual satisfies all eligibility requirements	6785
established by rules adopted under division (D) of this section.	6786

(D) The directors of aging and job and family services shall	6787
adopt rules in accordance with section 111.15 of the Revised Code	6788
as necessary to implement the residential state supplement	6789
program.	6790

To the extent permitted by Title XVI of the "Social Security	6791
Act," and any other provision of federal law, the director of job	6792
and family services shall adopt rules establishing standards for	6793
adjusting the eligibility requirements concerning the level of	6794
impairment a person must have so that the amount appropriated for	6795
the program by the general assembly is adequate for the number of	6796
eligible individuals. The rules shall not limit the eligibility	6797
of disabled persons solely on a basis classifying disabilities as	6798
physical or mental. The director of job and family services also	6799
shall adopt rules that establish eligibility standards for aged,	6800
blind, or disabled individuals who reside in one of the homes or	6801
facilities specified in division (C)(1) of this section but who,	6802
because of their income, do not receive supplemental security	6803
income payments. The rules may provide that these individuals may	6804
include individuals who receive other types of benefits,	6805
including, social security disability insurance benefits provided	6806
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	6807
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	6808
section, such payments may be made if funds are available for	6809
them.	6810

The director of aging shall adopt rules establishing the	6811
method to be used to determine the amount an eligible individual	6812
will receive under the program. The amount the general assembly	6813
appropriates for the program shall be a factor included in the	6814
method that department establishes.	6815

(E) The county department of job and family services of the	6816
county in which an applicant for the residential state supplement	6817
program resides shall determine whether the applicant meets income	6818
and resource requirements for the program.	6819

(F) The department of aging shall maintain a waiting list of	6820
any individuals eligible for payments under this section but not	6821
receiving them because moneys appropriated to the department for	6822
the purposes of this section are insufficient to make payments to	6823
all eligible individuals. An individual may apply to be placed on	6824
the waiting list even though the individual does not reside in one	6825
of the homes or facilities specified in division (C)(1) of this	6826
section at the time of application. The director of aging, by	6827
rules adopted in accordance with Chapter 119. of the Revised Code,	6828
shall specify procedures and requirements for placing an	6829
individual on the waiting list. Individuals on the waiting list	6830
who reside in a community setting not required to be licensed or	6831
certified shall have their eligibility for the payments assessed	6832
before other individuals on the waiting list.	6833

(G) An individual in a licensed or certified living	6834
arrangement receiving state supplementation on November 15, 1990,	6835
under former section 5101.531 of the Revised Code shall not become	6836
ineligible for payments under this section solely by reason of the	6837
individual's living arrangement as long as the individual remains	6838
in the living arrangement in which the individual resided on	6839
November 15, 1990.	6840

(H) The department of aging shall notify each person denied	6841
approval for payments under this section of the person's right to	6842
a hearing. On request, the hearing shall be provided by the	6843
department of job and family services in accordance with section	6844
5101.35 of the Revised Code.	6845

Sec. 173.40.  There is hereby created a component of the	6846
medicaid program established under Chapter 5111. of the Revised	6847
Code to be known as the preadmission screening system providing	6848
options and resources today program, or PASSPORT. Through the	6849
medical assistance program established under Chapter 5111. of the	6850
Revised Code, the The PASSPORT program shall provide home and	6851
community-based services as an alternative to nursing facility	6852
placement for aged and disabled persons medicaid recipients. The	6853
program shall be operated pursuant to a home and community-based	6854
waiver granted by the United States secretary of health and human	6855
services under section 1915 of the "Social Security Act," 49 Stat.	6856
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	6857
shall administer the program. The department of aging shall enter	6858
into through an interagency agreement entered into with the	6859
department of job and family services regarding services provided	6860
under the program to recipients of medical assistance under	6861
Chapter 5111. under section 5111.86 of the Revised Code. The	6862
directors of aging and job and family services shall adopt rules	6863
in accordance with Chapter 119. of the Revised Code to implement	6864
the program.	6865

Sec. 173.46.  The department of aging shall develop and	6866
publish a guide to nursing facilities in this state for use by	6867
individuals considering nursing facility placement and their	6868
families, friends, and advisors. The guide shall be titled the	6869
Ohio long-term care consumer guide.	6870

The consumer guide shall be published in computerized form	6871
for distribution over the internet. The guide shall be made	6872
available not later than fourteen months after the effective date	6873
of this section March 1, 2002, and shall be updated in accordance	6874
with section 173.52 of the Revised Code.	6875

Every two years, the department shall publish an executive	6876
summary of the consumer guide, and shall make the executive	6877
summary available in both computerized and printed forms.	6878

Sec. 173.47.  The department of aging may contract with any	6879
person or government entity to perform any function related to the	6880
publication of the Ohio long-term care consumer guide or the	6881
collection and preparation of data and other material for the	6882
guide, except that the department shall contract to have the	6883
customer satisfaction surveys conducted under section 173.54 of	6884
the Revised Code. In awarding the contract to have the surveys	6885
conducted To the extent possible, the department shall contract	6886
with a person or government entity that has experience in	6887
surveying the customer satisfaction of nursing facility residents	6888
and their families. The department's contract shall permit the	6889
person or government entity to subcontract with other persons or	6890
government entities for purposes of conducting all or part of the	6891
surveys.	6892

Sec. 175.03.  (A)(1) The Ohio housing finance agency shall	6893
consist of nine eleven members. Seven Nine of the members shall be	6894
appointed by the governor with the advice and consent of the	6895
senate. The director of commerce and the director of development,	6896
or their respective designees, shall also be voting members of the	6897
agency. Of the seven nine appointed members, at least one shall	6898
have experience in residential housing construction; at least one	6899
shall have experience in residential housing mortgage lending,	6900
loan servicing, or brokering; at least one shall have experience	6901
in the licensed residential housing brokerage business; at least	6902
one shall have experience with the housing needs of senior	6903
citizens; at least one shall be from a background in labor	6904
representation in the construction industry; at least one shall	6905
represent the interests of nonprofit multifamily housing	6906
development organizations; at least one shall represent the	6907
interests of for-profit multifamily housing development	6908
corporations; and two shall be public members. No more than five	6909
six of the appointed members of the agency shall be of the same	6910
political party. Of the initial appointments made to the agency,	6911
two shall be for a term ending on January 31, 1984, two shall be	6912
for a term ending on January 31, 1985, one shall be for a term	6913
ending on January 31, 1986, one shall be for a term ending on	6914
January 31, 1987, and one shall be for a term ending on January	6915
31, 1988, the term for each member to be designated by the	6916
governor Of the appointments made to the agency for the eighth and	6917
ninth appointed members in accordance with this amendment, one	6918
shall be for a term ending on January 31, 2005, and one shall be	6919
for a term ending on January 31, 2006. Thereafter, each appointed	6920
member shall serve for a term ending on the thirty-first day of	6921
January which is six years following the date of termination of	6922
the term which it succeeds. Each member shall hold office from	6923
the date of the member's appointment until the end of the term for	6924
which the member was appointed. Any member appointed to fill a	6925
vacancy occurring prior to the expiration of the term for which	6926
the member's predecessor was appointed shall hold office for the	6927
remainder of such term. Any appointed member shall continue in	6928
office subsequent to the expiration date of the member's term	6929
until the member's successor takes office, or until a period of	6930
sixty days has elapsed, whichever occurs first. Each appointed	6931
member may be removed from office by the governor for misfeasance,	6932
nonfeasance, malfeasance in office, or for failure to attend in	6933
person three consecutive meetings of the agency.	6934

(2) The director of development or the director's designee	6935
shall be the chairperson of the agency. The agency shall elect	6936
one of its appointed members as vice-chairperson and such other	6937
officers as it deems necessary, who need not be members of the	6938
agency. Each appointed member of the agency shall receive	6939
compensation at the rate of one hundred fifty dollars per agency	6940
meeting attended in person, not to exceed a maximum of three	6941
thousand dollars per year. All members shall be reimbursed for	6942
their actual and necessary expenses incurred in the discharge of	6943
their official duties.	6944

(3) Five six members of the agency constitute a quorum, and	6945
the affirmative vote of five six members shall be necessary for	6946
any action taken by the agency. No vacancy in membership of the	6947
agency impairs the right of a quorum to exercise all the rights	6948
and perform all the duties of the agency. Meetings of the agency	6949
may be held at any place within the state. Meetings of the	6950
agency, including notice of the place of meetings, shall comply	6951
with section 121.22 of the Revised Code.	6952

(B) The appointed members of the agency are not subject to	6953
section 102.02 of the Revised Code. Each such appointed member	6954
shall file with the agency a signed written statement setting	6955
forth the general nature of sales of goods, property or services	6956
or of loans to the agency in which such member has a pecuniary	6957
interest or in which any member of the member's immediate family,	6958
as defined in section 102.01 of the Revised Code, or any	6959
corporation, partnership or enterprise of which the member is an	6960
officer, director, or partner, or of which the member or a member	6961
of the member's immediate family, as so defined, owns more than a	6962
five per cent interest, has a pecuniary interest, and of which	6963
sale, loan and interest such member has knowledge. The statement	6964
shall be supplemented from time to time to reflect changes in the	6965
general nature of any such sales or loans. No member shall	6966
participate in portions of agency meetings dealing with, or vote	6967
concerning, any such matter. The requirements of this section	6968
pertaining to disclosure and prohibition from participation and	6969
voting do not apply to agency loans to lending institutions or	6970
contracts between the agency and lending institutions for the	6971
purchase, administration, or servicing of loans notwithstanding	6972
that such lending institution has a director, officer, employee,	6973
or owner who is a member of the agency, and no such loans or	6974
contracts shall be deemed to be prohibited or otherwise regulated	6975
by reason of any other law or rule.	6976

Sec. 175.21.  (A) The low- and moderate-income housing trust	6977
fund is hereby created in the state treasury. The fund shall	6978
consist of all appropriations, grants, gifts, loan repayments, and	6979
contributions of money made from any source to the department of	6980
development for the fund. All investment earnings of the fund	6981
shall be credited to the fund. The director of development shall	6982
allocate a portion of the money in the fund to an account of the	6983
Ohio housing finance agency. The department shall administer the	6984
fund. The agency shall use money allocated to it in the fund for	6985
implementing and administering its programs and duties under	6986
sections 175.22 and 175.24 of the Revised Code, and the department	6987
shall use the remaining money in the fund for implementing and	6988
administering its programs and duties under sections 175.22 to	6989
175.25 of the Revised Code. Use of all money in the fund is	6990
subject to the following restrictions: forty-five per cent of the	6991
money in the fund amount of funds awarded during any one fiscal	6992
year shall be used to make grants and loans to nonprofit	6993
organizations under section 175.22 of the Revised Code, not less	6994
than thirty-five forty-five per cent of the money in the fund	6995
amount of funds awarded during any one fiscal year shall be used	6996
to make grants and loans for activities that will provide housing	6997
and housing assistance to families and individuals in rural areas	6998
and small cities that would not be eligible to participate in the	6999
small cities program of the community development and block grant	7000
program under sections 570.420 to 570.438 of the Code of Federal	7001
Regulations as a participating jurisdiction under the "HOME	7002
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.	7003
12701 note, 12721, no more than five six per cent of the money in	7004
the fund shall be used for administration, and no money in the	7005
fund shall be used to pay for any legal services other than the	7006
usual and customary legal services associated with the acquisition	7007
of housing. Except as otherwise provided by the director under	7008
division (B) of this section, money in the fund may be used as	7009
matching money for federal funds received by the state, counties,	7010
municipal corporations, and townships for the activities listed in	7011
section 175.22 of the Revised Code.	7012

(B) If after the second quarter of any year it appears to	7013
the director that the full amount of the money in the low- and	7014
moderate-income housing trust fund designated in that year for	7015
activities that will provide housing and housing assistance to	7016
families and individuals in rural areas and small cities under	7017
division (A) of this section will not be so used, the director may	7018
reallocate all or a portion of that amount for other housing	7019
activities. In determining whether or how to reallocate money	7020
under this division, the director may consult with and shall	7021
receive advice from the housing trust fund advisory committee.	7022

Sec. 175.22.  (A) The department of development and the Ohio	7023
housing finance agency shall each develop programs under which, in	7024
accordance with rules adopted under this section, it may make	7025
grants, loans, loan guarantees, and loan subsidies to counties,	7026
municipal corporations, townships, local housing authorities, and	7027
nonprofit organizations and may make loans, loan guarantees, and	7028
loan subsidies to private developers and private lenders to assist	7029
them in activities that will provide housing and housing	7030
assistance for specifically targeted low- and moderate-income	7031
families and individuals. There shall be no minimum housing	7032
project size for awards under this division for any project that	7033
is being developed for a special needs population and that is	7034
supported by a social service agency where the housing project	7035
will be located. Activities for which grants, loans, loan	7036
guarantees, and loan subsidies may be made under this section	7037
include all of the following:	7038

(1) Acquiring, financing, constructing, leasing,	7039
rehabilitating, remodeling, improving, and equipping publicly or	7040
privately owned housing;	7041

(2) Providing supportive services related to housing and the	7042
homeless, including housing counseling;. Not more than twenty per	7043
cent of the current year appropriation authority for the low- and	7044
moderate-income housing trust fund shall be awarded in any fiscal	7045
year for such supportive services.	7046

(3) Providing rental assistance payments or other project	7047
operating subsidies that lower tenant rents.	7048

(B) Grants, loans, loan guarantees, and loan subsidies may be	7049
made to counties, municipal corporations, townships, and nonprofit	7050
organizations for the additional purposes of providing technical	7051
assistance, design and finance services and consultation, and	7052
payment of pre-development and administrative costs related to any	7053
of the activities listed above.	7054

(C) In developing programs under this section, the	7055
department and the agency shall invite, accept, and consider	7056
public comment, and recommendations from the housing trust fund	7057
advisory committee created under section 175.25 of the Revised	7058
Code, on how the programs should be designed to most effectively	7059
benefit low- and moderate-income families and individuals. The	7060
programs developed under this section shall respond collectively	7061
to housing and housing assistance needs of low- and	7062
moderate-income families and individuals statewide.	7063

(D) The department and the agency, in accordance with	7064
Chapter 119. of the Revised Code, shall each adopt rules under	7065
which it shall administer programs developed by it under this	7066
section. The rules shall prescribe procedures and forms whereby	7067
counties, municipal corporations, townships, local housing	7068
authorities, and nonprofit organizations may apply for grants,	7069
loans, loan guarantees, and loan subsidies and private developers	7070
and private lenders may apply for loans, loan guarantees, and loan	7071
subsidies; eligibility criteria for the receipt of funds;	7072
procedures for reviewing and granting or denying applications;	7073
procedures for paying out funds; conditions on the use of funds;	7074
procedures for monitoring the use of funds; and procedures under	7075
which a recipient shall be required to repay funds that are	7076
improperly used. The rules adopted by the department shall do	7077
both of the following:	7078

(1) Require each recipient of a grant or loan made from the	7079
low- and moderate-income housing trust fund for activities that	7080
will provide, or assist in providing, a rental housing project, to	7081
reasonably ensure that the rental housing project will be	7082
affordable to those families and individuals targeted for the	7083
rental housing project for the useful life of the rental housing	7084
project or for thirty years, whichever is longer;	7085

(2) Require each recipient of a grant or loan made from the	7086
low- and moderate-income housing trust fund for activities that	7087
will provide, or assist in providing, a housing project to prepare	7088
and implement a plan to reasonably assist any families and	7089
individuals displaced by the housing project in obtaining decent	7090
affordable housing.	7091

(E) In prescribing eligibility criteria and conditions for	7092
the use of funds, neither the department nor agency is limited to	7093
the criteria and conditions specified in this section and each may	7094
prescribe additional eligibility criteria and conditions that	7095
relate to the purposes for which grants, loans, loan guarantees,	7096
and loan subsidies may be made. However, the department and	7097
agency are limited by the following specifically targeted low- and	7098
moderate-income guidelines:	7099

(1) Not less than seventy-five per cent of the money granted	7100
and loaned under this section in any biennium fiscal year shall be	7101
for activities that will provide affordable housing and housing	7102
assistance to families and individuals in a county whose incomes	7103
are equal to or less than fifty per cent of the median income for	7104
that county, as determined by the department under section 175.23	7105
of the Revised Code.	7106

(2) The remainder of the money granted and loaned under this	7107
section in any biennium fiscal year shall be for activities that	7108
will provide affordable housing and housing assistance to families	7109
and individuals in a county whose incomes are equal to or less	7110
than eighty per cent of the median income for that county, as	7111
determined by the department under section 175.23 of the Revised	7112
Code.	7113

(F) In making grants, loans, loan guarantees, and loan	7114
subsidies under this section, the department and the agency shall	7115
give preference to viable projects and activities that will	7116
benefit those families and individuals in a county whose incomes	7117
are equal to or less than thirty-five per cent of the median	7118
income for that county, as determined by the department under	7119
section 175.23 of the Revised Code. The department and the agency	7120
shall monitor the programs developed under this section to ensure	7121
that money granted and loaned under this section is not used in a	7122
manner that violates division (H) of section 4112.02 of the	7123
Revised Code or discriminates against families with children.	7124

Sec. 175.24.  (A) Annually, the department of development	7125
shall submit a report to the president of the senate and the	7126
speaker of the house of representatives describing the activities	7127
of the department under sections 175.21 to 175.25 of the Revised	7128
Code during the previous calendar state fiscal year.	7129

(B) Annually, the Ohio housing finance agency shall submit a	7130
report to the president of the senate and the speaker of the house	7131
of representatives describing the activities of the agency under	7132
sections 175.21, 175.22, and 175.24 of the Revised Code during the	7133
previous calendar state fiscal year.	7134

Sec. 179.02.  (A) There is hereby established the Ohio	7135
commission on dispute resolution and conflict management,	7136
consisting of twelve members, unless a vacancy exists in an	7137
appointment at any given time. The purpose of the commission is	7138
to provide, coordinate, fund, and evaluate dispute resolution and	7139
conflict management education, training, and research programs in	7140
this state, and to consult with, educate, train, provide resources	7141
for, and otherwise assist and facilitate other persons and public	7142
or private agencies, organizations, or entities that are engaged	7143
in activities related to dispute resolution and conflict	7144
management. Four members of the commission shall be appointed by	7145
the governor, four members shall be appointed by the chief justice	7146
of the supreme court, two members shall be appointed by the	7147
president of the senate, and two members shall be appointed by the	7148
speaker of the house of representatives.	7149

Within thirty days after the effective date of this section	7150
June 30, 1995, the governor, the chief justice of the supreme	7151
court, the president of the senate, and the speaker of the house	7152
of representatives shall make initial appointments to the	7153
commission. Of the initial appointments made to the commission by	7154
the governor and the chief justice, two each shall be for a term	7155
ending two years after the effective date of this section June 30,	7156
1995, and two each shall be for a term ending four years after	7157
that date. Of the initial appointments made to the commission by	7158
the president of the senate and the speaker of the house of	7159
representatives, one each shall be for a term ending two years	7160
after the effective date of this section June 30, 1995, and one	7161
each shall be for a term ending four years after that date.	7162
Thereafter, terms of office shall be for three years, with each	7163
term ending on the same day of the same month of the year as the	7164
term that it succeeds. Each member shall hold office from the	7165
date of appointment until the end of the term for which appointed.	7166
Members may be reappointed. Vacancies	7167

Vacancies shall be filled in the manner provided for original	7168
appointments. Any member appointed to fill a vacancy occurring	7169
prior to the expiration date of the term for which the member's	7170
predecessor was appointed shall hold office as a member for the	7171
remainder of that term. A	7172

A member shall continue in office subsequent to the	7173
expiration date of the member's term until a the member's	7174
successor takes office or until a period of sixty days has	7175
elapsed, whichever occurs first.	7176

(B) The commission shall meet within two weeks after all of	7177
its initial members have been appointed, at a time and place	7178
determined by the governor. Thereafter, the commission shall meet	7179
at least quarterly, or more often upon the call of the chairman	7180
chairperson or at the request of the executive director of the	7181
commission. The	7182

The commission shall organize by selecting from among its	7183
members a chairman chairperson, a vice-chairman vice-chairperson,	7184
and such other necessary officers as are necessary. All officers	7185
shall be elected annually by vote of the members of the	7186
commission. Each	7187

Each member of the commission shall have one vote. Seven A	7188
majority of the members constitute of the commission, as it exists	7189
at any given time, constitutes a quorum, and the votes of a	7190
majority of the members present at a meeting of the commission are	7191
required to validate an action of the commission.	7192

(C) The members of the commission shall serve without	7193
compensation, but each member shall be reimbursed for actual and	7194
necessary expenses incurred in the performance of official duties,	7195
and actual mileage for each mile necessarily traveled in the	7196
performance of official duties.	7197

Sec. 179.03.  (A) The Ohio commission on dispute resolution	7198
and conflict management shall do all of the following:	7199

(1) Appoint and set the compensation of an executive	7200
director, who shall serve at the pleasure of the commission;	7201

(2) Establish and maintain a central office;

7202

(3) Adopt rules to govern the application for, and the	7203
awarding of, grants made available by the commission under	7204
sections 179.01 to 179.04 of the Revised Code out of the dispute	7205
resolution and conflict management commission gifts, grants, and	7206
reimbursements fund established by division (C) of this section;	7207

(4) Seek, solicit, and apply for grants from any public or	7208
private source to provide for the operation of dispute resolution	7209
and conflict management programs in this state;	7210

(5) Adopt standards for the evaluation of dispute resolution	7211
and conflict management programs funded pursuant to sections	7212
179.01 to 179.04 of the Revised Code;	7213

(6) Provide technical aid and assistance to dispute	7214
resolution and conflict management programs, to centers that	7215
provide these programs, and to public and private agencies and	7216
organizations that provide these programs or engage in dispute	7217
resolution and conflict management activities services;	7218

(7) Approve an annual operating budget;

7219

(8) Prepare an annual report on the operation of the	7220
commission and the office established by the commission, and	7221
provide the report to the governor, the supreme court, and the	7222
general assembly.	7223

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

7224

(1) Receive and accept donations, grants, awards, bequests,	7225
gifts, reimbursements, and similar funds from any lawful source;	7226

(2) Accept the services of volunteer workers and consultants	7227
at no compensation, other than reimbursement for actual and	7228
necessary expenses incurred in the performance of their official	7229
duties, and reimburse any volunteer workers or consultants for	7230
their actual and necessary expenses so incurred;	7231

(3) Prepare and publish statistical data and case studies	7232
and other data pertinent to the development, operation, and	7233
evaluation of dispute resolution and conflict management programs	7234
and centers that provide these programs or engage in dispute	7235
resolution and conflict management services;	7236

(4) Conduct programs that have a general objective of	7237
training and educating mediators and other persons engaged in	7238
providing dispute resolution and conflict management services;	7239

(5) Develop programs and curricula that are designed to	7240
provide dispute resolution and conflict management training and	7241
education for public and private education, as well as other	7242
appropriate education forums;	7243

(6) Enter into contracts for dispute resolution and conflict	7244
management services or authorize the executive director to enter	7245
into those contracts.	7246

(C) There is hereby established in the state treasury the	7247
dispute resolution and conflict management commission gifts,	7248
grants, and reimbursements fund. All donations, grants, awards,	7249
bequests, gifts, and reimbursements, and similar funds received by	7250
the commission under this section shall be deposited in the fund.	7251

Sec. 179.04.  (A) No person shall be appointed executive	7252
director of the Ohio commission on dispute resolution and conflict	7253
management unless the person is trained in law, public affairs,	7254
business administration, or social sciences and the person has	7255
experience in administering dispute resolution and conflict	7256
management programs or services. The executive director appointed	7257
by the commission shall serve at the pleasure of the commission.	7258

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

7259

(1) Appoint and set the compensation of personnel who are	7260
necessary for the efficient operation of the office established by	7261
the commission, with the approval of the commission;	7262

(2) Keep and maintain financial records pertaining to the	7263
awarding of grants and contracts authorized pursuant to under	7264
sections 179.01 to 179.04 of the Revised Code, and report	7265
periodically, but not less than annually, to the commission on all	7266
relevant data pertaining to the operations, costs, and projected	7267
needs of the office established by the commission and on	7268
recommendations for legislation or amendments to court rules that	7269
may be appropriate to improve dispute resolution and conflict	7270
management programs.	7271

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

7272

(1) Make all necessary arrangements to coordinate the	7273
services of the office established by the commission with any	7274
federal, state, county, municipal, township, or private entity or	7275
program established to provide dispute resolution and conflict	7276
management services and to obtain and provide all funds allowable	7277
from any such entity or under any such programs program;	7278

(2) Consult and cooperate with professional groups concerned	7279
with the study, development, implementation, and evaluation of	7280
dispute resolution and conflict management programs and services	7281
and the operation of the state dispute resolution and conflict	7282
management office established by the commission;	7283

(3) Accept the services of volunteer workers and consultants	7284
at no compensation, other than reimbursement for actual and	7285
necessary expenses incurred in the performance of their official	7286
duties, and provide for the reimbursement of any volunteer workers	7287
or consultants for their actual and necessary expenses so	7288
incurred;	7289

(4) Prescribe any forms that are necessary for the uniform	7290
operation of sections 179.01 to 179.04 of the Revised Code;	7291

(5) With the authorization of the commission, enter into	7292
contracts for dispute resolution and conflict management services.	7293

Sec. 181.51.  As used in sections 181.51 to 181.56 of the	7294
Revised Code:	7295

(A) "Federal criminal justice acts" means any federal law	7296
that authorizes financial assistance and other forms of assistance	7297
to be given by the federal government to the states to be used for	7298
the improvement of the criminal and juvenile justice systems of	7299
the states.	7300

(B)(1) "Criminal justice system" includes all of the	7301
functions of the following:	7302

(a) The state highway patrol, county sheriff offices,	7303
municipal and township police departments, and all other law	7304
enforcement agencies;	7305

(b) The courts of appeals, courts of common pleas, municipal	7306
courts, county courts, and mayor's courts, when dealing with	7307
criminal cases;	7308

(c) The prosecuting attorneys, city directors of law,	7309
village solicitors, and other prosecuting authorities when	7310
prosecuting or otherwise handling criminal cases and the county	7311
and joint county public defenders and other public defender	7312
agencies or offices;	7313

(d) The department of rehabilitation and correction,	7314
probation departments, county and municipal jails and workhouses,	7315
and any other department, agency, or facility that is concerned	7316
with the rehabilitation or correction of criminal offenders;	7317

(e) Any public or private agency whose purposes include the	7318
prevention of crime or the diversion, adjudication, detention, or	7319
rehabilitation of criminal offenders;	7320

(f) Any public or private agency, the purposes of which	7321
include assistance to crime victims or witnesses.	7322

(2) The inclusion of any public or private agency, the	7323
purposes of which include assistance to crime victims or	7324
witnesses, as part of the criminal justice system pursuant to	7325
division (B)(1) of this section does not limit, and shall not be	7326
construed as limiting, the discretion or authority of the attorney	7327
general with respect to crime victim assistance and criminal	7328
justice programs.	7329

(C) "Juvenile justice system" includes all of the functions	7330
of the juvenile courts, the department of youth services, any	7331
public or private agency whose purposes include the prevention of	7332
delinquency or the diversion, adjudication, detention, or	7333
rehabilitation of delinquent children, and any of the functions of	7334
the criminal justice system that are applicable to children.	7335

(D) "Comprehensive plan" means a document that coordinates,	7336
evaluates, and otherwise assists, on an annual or multi-year	7337
basis, all any of the functions of the criminal and juvenile	7338
justice systems of the state or a specified area of the state,	7339
that conforms to the priorities of the state with respect to	7340
criminal and juvenile justice systems, and that conforms with the	7341
requirements of all federal criminal justice acts. These	7342
functions may include, but are not limited to, all any of the	7343
following:	7344

(1) Crime and delinquency prevention;

7345

(2) Identification, detection, apprehension, and detention	7346
of persons charged with criminal offenses or delinquent acts;	7347

(3) Assistance to crime victims or witnesses, except that	7348
the comprehensive plan does not include the functions of the	7349
attorney general pursuant to sections 109.91 and 109.92 of the	7350
Revised Code;	7351

(4) Adjudication or diversion of persons charged with	7352
criminal offenses or delinquent acts;	7353

(5) Custodial treatment of criminal offenders and,	7354
delinquent children, or both;	7355

(6) Institutional and noninstitutional rehabilitation of	7356
criminal offenders and, delinquent children, or both.	7357

(E) "Metropolitan county criminal justice services agency"	7358
means an agency that is established pursuant to division (A) of	7359
section 181.54 of the Revised Code.	7360

(F) "Administrative planning district" means a district that	7361
is established pursuant to division (A) or (B) of section 181.56	7362
of the Revised Code.	7363

(G) "Criminal justice coordinating council" means a criminal	7364
justice services agency that is established pursuant to division	7365
(B)(D) of section 181.56 of the Revised Code.	7366

(H) "Local elected official" means any person who is a member	7367
of a board of county commissioners or township trustees or of a	7368
city or village council, judge of the court of common pleas, a	7369
municipal court, or a county court, sheriff, county coroner,	7370
prosecuting attorney, city director of law, village solicitor, or	7371
mayor.	7372

(I) "Juvenile justice coordinating council" means a juvenile	7373
justice services agency that is established pursuant to division	7374
(D) of section 181.56 of the Revised Code.	7375

Sec. 181.52.  (A) There is hereby created an office of	7376
criminal justice services. The governor shall appoint a director	7377
of the office, and the director may appoint, within the office,	7378
any professional and technical personnel and other employees that	7379
are necessary to enable the office to comply with sections 181.51	7380
to 181.56 of the Revised Code. The director and the assistant	7381
director of the office, and all professional and technical	7382
personnel employed within the office who are not public employees	7383
as defined in section 4117.01 of the Revised Code, shall be in the	7384
unclassified civil service, and all other persons employed within	7385
the office shall be in the classified civil service. The director	7386
may enter into any contracts, except contracts governed by Chapter	7387
4117. of the Revised Code, that are necessary for the operation of	7388
the office.	7389

(B) Subject to division (D)(E) of this section and subject	7390
to divisions (D) to (F) of section 5120.09 of the Revised Code	7391
insofar as those divisions relate to federal criminal justice acts	7392
that the governor requires the department of rehabilitation and	7393
correction to administer, the office of criminal justice services	7394
shall do all of the following:	7395

(1) Serve as the state criminal justice services agency and	7396
perform criminal and juvenile justice system planning in the	7397
state, including any planning that is required by any federal law;	7398

(2) Collect, analyze, and correlate information and data	7399
concerning the criminal and juvenile justice systems system in the	7400
state;	7401

(3) Cooperate with and provide technical assistance to state	7402
departments, administrative planning districts, metropolitan	7403
county criminal justice services agencies, criminal justice	7404
coordinating councils, agencies, offices, and departments of the	7405
criminal and juvenile justice systems system in the state, and	7406
other appropriate organizations and persons;	7407

(4) Encourage and assist agencies, offices, and departments	7408
of the criminal and juvenile justice systems system in the state	7409
and other appropriate organizations and persons to solve problems	7410
that relate to the duties of the office;	7411

(5) Administer within the state any federal criminal justice	7412
acts or juvenile justice acts that the governor requires it to	7413
administer;	7414

(6) Administer funds received under the "Family Violence	7415
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	7416
10401, as amended, with all powers necessary for the adequate	7417
administration of those funds, including the authority to	7418
establish a family violence prevention and services program.	7419

(7) Implement the state comprehensive plans;

7420

(7)(8) Audit grant activities of agencies, offices,	7421
organizations, and persons that are financed in whole or in part	7422
by funds granted through the office;	7423

(8)(9) Monitor or evaluate the performance of criminal and	7424
juvenile justice systems system projects and programs in the state	7425
that are financed in whole or in part by funds granted through the	7426
office;	7427

(9)(10) Apply for, allocate, disburse, and account for	7428
grants that are made available pursuant to federal criminal	7429
justice acts or juvenile justice acts, or made available from	7430
other federal, state, or private sources, to improve the criminal	7431
and juvenile justice systems system in the state. All money from	7432
such federal grants shall, if the terms under which the money is	7433
received require that the money be deposited into an	7434
interest-bearing fund or account, be deposited in the state	7435
treasury to the credit of the federal program purposes fund, which	7436
is hereby created. All investment earnings of the fund shall be	7437
credited to the fund.	7438

(10)(11) Contract with federal, state, and local agencies,	7439
foundations, corporations, businesses, and persons when necessary	7440
to carry out the duties of the office;	7441

(11)(12) Oversee the activities of metropolitan county	7442
criminal justice services agencies, administrative planning	7443
districts, and criminal justice coordinating councils in the	7444
state;	7445

(12)(13) Advise the general assembly and governor on	7446
legislation and other significant matters that pertain to the	7447
improvement and reform of criminal and juvenile justice systems in	7448
the state;	7449

(13)(14) Prepare and recommend legislation to the general	7450
assembly and governor for the improvement of the criminal and	7451
juvenile justice systems in the state;	7452

(14)(15) Assist, advise, and make any reports that are	7453
requested or required by the governor, attorney general, or	7454
general assembly;	7455

(15)(16) Adopt rules pursuant to Chapter 119. of the Revised	7456
Code.	7457

(C) Division Upon the request of the governor, the office of	7458
criminal justice services may do any of the following:	7459

(1) Collect, analyze, or correlate information and data	7460
concerning the juvenile justice system in the state;	7461

(2) Cooperate with and provide technical assistance to state	7462
departments, administrative planning districts, metropolitan	7463
county criminal justice service agencies, criminal justice	7464
coordinating councils, agency offices, and the departments of the	7465
juvenile justice system in the state and other appropriate	7466
organizations and persons;	7467

(3) Encourage and assist agencies, offices, and departments	7468
of the juvenile justice system in the state and other appropriate	7469
organizations and persons to solve problems that relate to the	7470
duties of the office.	7471

(D) Divisions (B) and (C) of this section does do not limit	7472
the discretion or authority of the attorney general with respect	7473
to crime victim assistance and criminal justice programs.	7474

(D)(E) Nothing in this section is intended to diminish or	7475
alter the status of the office of the attorney general as a	7476
criminal justice services agency.	7477

Sec. 181.54.  (A) A county may enter into an agreement with	7478
the largest city within the county to establish a metropolitan	7479
county criminal justice services agency, if the population of the	7480
county exceeds five hundred thousand or the population of the city	7481
exceeds two hundred fifty thousand.	7482

(B) A metropolitan county criminal justice services agency	7483
shall do all of the following:	7484

(1) Accomplish criminal and juvenile justice systems	7485
planning within its services area;	7486

(2) Collect, analyze, and correlate information and data	7487
concerning the criminal and juvenile justice systems within its	7488
services area;	7489

(3) Cooperate with and provide technical assistance to all	7490
criminal and juvenile justice agencies and systems and other	7491
appropriate organizations and persons within its services area;	7492

(4) Encourage and assist agencies of the criminal and	7493
juvenile justice systems and other appropriate organizations and	7494
persons to solve problems that relate to its duties;	7495

(5) Administer within its services area any federal criminal	7496
justice acts or juvenile justice acts that the office of criminal	7497
justice services pursuant to section 5139.11 of the Revised Code	7498
or the department of youth services administers within the state;	7499

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

7500

(7) Monitor or evaluate, within its services area, the	7501
performance of the criminal and juvenile justice systems projects	7502
and programs that are financed in whole or in part by funds	7503
granted through it;	7504

(8) Apply for, allocate, and disburse grants that are made	7505
available pursuant to any federal criminal justice acts, or	7506
pursuant to any other federal, state, or private sources for the	7507
purpose of improving the criminal and juvenile justice systems;	7508

(9) Contract with federal, state, and local agencies,	7509
foundations, corporations, and other businesses or persons to	7510
carry out the duties of the agency.	7511

Sec. 181.55.  (A)(1) When funds are available for this	7512
purpose criminal justice purposes pursuant to section 181.54 of	7513
the Revised Code, the office of criminal justice services shall	7514
provide funds to metropolitan county criminal justice services	7515
agencies for the purpose of developing, coordinating, evaluating,	7516
and implementing comprehensive plans within their respective	7517
counties. The office of criminal justice services shall provide	7518
funds to an agency only if it complies with the conditions of	7519
division (B) of this section.	7520

(2) When funds are available for juvenile justice purposes	7521
pursuant to section 181.54 of the Revised Code, the department of	7522
youth services shall provide funds to metropolitan county criminal	7523
justice services agencies for the purpose of developing,	7524
coordinating, evaluating, and implementing comprehensive plans	7525
within their respective counties. The department shall provide	7526
funds to an agency only if it complies with the conditions of	7527
division (B) of this section.	7528

(B) A metropolitan county criminal justice services agency	7529
shall do all of the following:	7530

(1) Submit, in a form that is acceptable to the office of	7531
criminal justice services or the department of youth services	7532
pursuant to section 5139.01 of the Revised Code, a comprehensive	7533
plan for the county;	7534

(2) Establish a metropolitan county criminal justice	7535
services supervisory board whose members shall include a majority	7536
of the local elected officials in the county and representatives	7537
from law enforcement agencies, courts, prosecuting authorities,	7538
public defender agencies, rehabilitation and correction agencies,	7539
community organizations, juvenile justice services agencies,	7540
professionals, and private citizens in the county, and that shall	7541
have the authority set forth in division (C) of this section;	7542

(3) Organize in the manner provided in sections 167.01 to	7543
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	7544
unless the board created pursuant to division (B)(2) of this	7545
section organizes pursuant to these sections.	7546

(C) A metropolitan county criminal justice services	7547
supervisory board shall do all of the following:	7548

(1) Exercise leadership in improving the quality of the	7549
criminal and juvenile justice systems in the county;	7550

(2) Review, approve, and maintain general oversight of the	7551
comprehensive plans for the county and the implementation of the	7552
plans;	7553

(3) Review and comment on the overall needs and	7554
accomplishments of the criminal and juvenile justice systems in	7555
the county;	7556

(4) Establish, as required to comply with this division,	7557
task forces, ad hoc committees, and other committees, whose	7558
members shall be appointed by the chairman chairperson of the	7559
board;	7560

(5) Establish any rules that the board considers necessary	7561
and that are consistent with the federal criminal justice acts and	7562
section 181.52 of the Revised Code.	7563

Sec. 181.56.  (A) In counties in which a metropolitan county	7564
criminal justice services agency does not exist, the office of	7565
criminal justice services shall discharge the office's duties that	7566
the governor requires it to administer by establishing	7567
administrative planning districts for criminal justice programs.	7568
An administrative planning district shall contain a group of	7569
contiguous counties in which no county has a metropolitan county	7570
criminal justice services agency.	7571

(B) In counties in which a metropolitan county criminal	7572
justice services agency does not exist, the department of youth	7573
services shall discharge pursuant to section 5139.11 of the	7574
Revised Code the department's duty by establishing administrative	7575
planning districts for juvenile justice programs.	7576

(C) All administrative planning districts shall contain a	7577
group of contiguous counties in which no county has a metropolitan	7578
county criminal justice services agency.	7579

(D) Any county or any combination of contiguous counties	7580
within an administrative planning district may form a criminal	7581
justice coordinating council or a juvenile justice coordinating	7582
council for its respective programs, if the county or the group of	7583
counties has a total population in excess of two hundred fifty	7584
thousand. The council shall comply with the conditions set forth	7585
in divisions (B) and (C) of section 181.55 of the Revised Code,	7586
and exercise within its jurisdiction the powers and duties set	7587
forth in division (B) of section 181.54 of the Revised Code.	7588

Sec. 183.09.  The fiscal year of the tobacco use prevention	7589
and control foundation shall be the same as the fiscal year of the	7590
state.	7591

Within ninety days after the end of each fiscal year, the	7592
foundation shall submit to the governor and the general assembly	7593
both of the following:	7594

(A) A report of the activities of the foundation during the	7595
preceding fiscal year and an independent and objective evaluation	7596
of the progress being made by the foundation in reducing tobacco	7597
use by Ohioans;	7598

(B) A financial report of the foundation for the preceding	7599
fiscal year, which shall include both:	7600

(1) Information on the amount and percentage of overhead and	7601
administrative expenditures compared to programmatic expenditures;	7602

(2) An independent auditor's report on the general purpose	7603
basic financial statements and required supplementary information	7604
of the foundation. Such financial statements shall be prepared in	7605
conformity with generally accepted accounting principles	7606
prescribed for governmental entities.	7607

Sec. 183.10.  The law enforcement improvements trust fund is	7608
hereby created in the state treasury. Money credited to the fund	7609
shall be used by the attorney general to maintain, upgrade, and	7610
modernize the law enforcement training, law enforcement	7611
technology, and laboratory facilities equipment of the office of	7612
the attorney general. All investment earnings of the fund shall	7613
be credited to the fund.	7614

Sec. 183.17.  The fiscal year of the southern Ohio	7615
agricultural and community development foundation shall be the	7616
same as the fiscal year of the state.	7617

Within ninety days after the end of each fiscal year, the	7618
foundation shall submit to the governor and the general assembly	7619
both of the following:	7620

(A) A report of the activities of the foundation during the	7621
preceding fiscal year. The report shall also contain an	7622
independent evaluation of the progress being made by the	7623
foundation in carrying out its duties.	7624

(B) A financial report of the foundation for the preceding	7625
year, which shall include both:	7626

(1) Information on the amount and percentage of overhead and	7627
administrative expenditures compared to programmatic expenditures;	7628

(2) An independent auditor's report on the general purpose	7629
basic financial statements and required supplementary information	7630
of the foundation. Such financial statements shall be prepared in	7631
conformity with generally accepted accounting principles	7632
prescribed for governmental entities.	7633

On or before July 1, 2010, the foundation shall report to the	7634
governor and the general assembly on the progress that the	7635
foundation has made in replacing the production of tobacco in	7636
southern Ohio with the production of other agricultural products	7637
and in mitigating the adverse economic impact of reduced tobacco	7638
production in the region. In If the foundation concludes that a	7639
need for additional funding still exists, the foundation may	7640
request that provision be made for a portion of the payments	7641
credited to the tobacco master settlement agreement fund to	7642
continue to be transferred to the southern Ohio agricultural and	7643
community development trust fund.	7644

Sec. 183.28.  The education technology trust fund is hereby	7645
created in the state treasury. Money credited to the fund shall	7646
be used to pay costs of new and innovative technology for primary	7647
and secondary education, including chartered nonpublic schools,	7648
and higher education, including state institutions of higher	7649
education and private nonprofit institutions of higher education	7650
holding certificates of authorization the Ohio SchoolNet	7651
commission under section 1713.02 3301.80 of the Revised Code. All	7652
investment earnings of the fund shall be credited to the fund.	7653

Sec. 183.30.  (A) No Except as provided in division (D) of	7654
this section, no more than five per cent of the total expenditures	7655
of the tobacco use prevention and control foundation in a fiscal	7656
year shall be for administrative expenses of the foundation.	7657

(B) No Except as provided in division (D) of this section, no	7658
more than five per cent of the total expenditures of the southern	7659
Ohio agricultural and community development foundation in a fiscal	7660
year shall be for administrative expenses of the foundation.	7661

(C) No Except as provided in division (D) of this section, no	7662
more than five per cent of the total expenditures of the	7663
biomedical research and technology transfer commission in a fiscal	7664
year shall be for administrative expenses of the commission.	7665

(D) This section's five per cent limitation on	7666
administrative expenses does not apply in fiscal years 2001 and	7667
2002.	7668

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

7669

(1) "Credit card" includes a gasoline credit card and a	7670
telephone credit card.	7671

(2) "Officer" includes an individual who also is an	7672
appointing authority.	7673

(3) "Gasoline and oil expenses," "minor motor vehicle	7674
maintenance expenses," and "emergency motor vehicle repair	7675
expenses" refer to only those expenses incurred for motor vehicles	7676
owned or leased by the county.	7677

(B) A credit card held by a board of county commissioners or	7678
the office of any other county appointing authority shall be used	7679
only to pay work-related food, transportation, gasoline expenses,	7680
limited to the following:	7681

(1) Food expenses;

7682

(2) Transportation expenses;

7683

(3) Gasoline and oil, minor expenses;

7684

(4) Minor motor vehicle maintenance, emergency;

7685

(5) Emergency motor vehicle repair, telephone, lodging, and	7686
internet expenses;	7687

(6) Telephone expenses;

7688

(7) Lodging expenses;

7689

(8) Internet service provider expenses;

7690

(9) In the case of a public children services agency,	7691
expenses for purchases for children for whom the agency is	7692
providing temporary emergency care pursuant to section 5153.16 of	7693
the Revised Code, children in the temporary or permanent custody	7694
of the agency, and children in a planned permanent living	7695
arrangement.	7696

(C) A county appointing authority may apply to the board of	7697
county commissioners for authorization to have an officer or	7698
employee of the appointing authority use a credit card held by	7699
that appointing authority. The authorization request shall state	7700
whether the card is to be issued only in the name of the office of	7701
the appointing authority itself or whether the issued card shall	7702
also include the name of a specified officer or employee.	7703

(D) The debt incurred as a result of the use of a credit	7704
card pursuant to this section shall be paid from moneys	7705
appropriated to the appointing authority for work-related food,	7706
transportation, gasoline and oil, minor motor vehicle maintenance,	7707
emergency motor vehicle repair, telephone, lodging, and internet	7708
service provider expenses listed in division (B) of this section.	7709

(E)(1) Except as otherwise provided in division (E)(2) of	7710
this section, every officer or employee authorized to use a credit	7711
card held by the board or appointing authority shall submit to the	7712
board by the first day of each month an estimate of the officer's	7713
or employee's work-related food, transportation, gasoline and oil,	7714
minor motor vehicle maintenance, emergency motor vehicle repair,	7715
telephone, lodging, and internet service provider expenses listed	7716
in division (B) of this section for that month, unless the board	7717
authorizes, by resolution, the officer or employee to submit to	7718
the board such an estimate for a period longer than one month. The	7719
board may revise the estimate and determine the amount it	7720
approves, if any, not to exceed the estimated amount. The board	7721
shall certify the amount of its determination to the county	7722
auditor along with the necessary information for the auditor to	7723
determine the appropriate appropriation line item from which such	7724
expenditures are to be made. After receiving certification from	7725
the county auditor that the determined sum of money is in the	7726
treasury or in the process of collection to the credit of the	7727
appropriate appropriation line item for which the credit card is	7728
approved for use, and is free from previous and then-outstanding	7729
obligations or certifications, the board shall authorize the	7730
officer or employee to incur debt for such expenses against the	7731
county's credit up to the authorized amount.	7732

(2) In lieu of following the procedure set forth in division	7733
(E)(1) of this section, a board of county commissioners may adopt	7734
a resolution authorizing an officer or employee of an appointing	7735
authority to use a county credit card to pay for specific classes	7736
of the work-related expenses listed in division (B) of this	7737
section, or use a specific credit card for any of those	7738
work-related expenses listed in division (B) of this section,	7739
without submitting an estimate of those expenses to the board as	7740
required by division (E)(1) of this section. Prior to adopting	7741
the resolution, the board shall notify the county auditor. The	7742
resolution shall specify whether the officer's or employee's	7743
exemption extends to the use of a specific card, which card shall	7744
be identified by its number, or to one or more specific	7745
work-related uses from the classes of uses permitted under	7746
division (B) of this section. Before any credit card exempted for	7747
specific uses may be used to make purchases for uses other than	7748
those specific uses listed in the resolution, the procedures	7749
outlined in division (E)(1) of this section must be followed or	7750
the use shall be considered an unauthorized use. Use of any	7751
credit card under division (E)(2) of this section shall be limited	7752
to the amount appropriated and encumbered in a specific	7753
appropriation line item for the permitted use or uses designated	7754
in the authorizing resolution, or, in the case of a resolution	7755
that authorizes use of a specific credit card, for each of the	7756
permitted uses listed in division (B) of this section, but only to	7757
the extent the moneys in such appropriations are not otherwise	7758
encumbered.	7759

(F)(1) Any time a county credit card approved for use for an	7760
authorized amount under division (E)(1) of this section is used	7761
for more than that authorized amount, the appointing authority may	7762
request the board of county commissioners to authorize after the	7763
fact the expenditure of any amount charged beyond the originally	7764
authorized amount if, upon the board's request, the county auditor	7765
certifies that sum of money is in the treasury or in the process	7766
of collection to the credit of the appropriate appropriation line	7767
item for which the credit card was used and is free from previous	7768
and then-outstanding obligations or certifications. If the card	7769
is used for more than the amount originally authorized and if for	7770
any reason that amount is not authorized after the fact, then the	7771
county treasury shall be reimbursed for any amount spent beyond	7772
the originally authorized amount in the following manner:	7773

(a) If the card is issued in the name of a specific officer	7774
or employee, then that officer or employee is liable in person and	7775
upon any official bond the officer or employee has given to the	7776
county to reimburse the county treasury for the amount charged to	7777
the county beyond the originally authorized amount.	7778

(b) If the card was issued to the office of the appointing	7779
authority, then the appointing authority is liable in person and	7780
upon any official bond the appointing authority has given to the	7781
county for the amount charged to the county beyond the originally	7782
authorized amount.	7783

(2) Any time a county credit card authorized for use under	7784
division (E)(2) of this section is used for more than the amount	7785
appropriated under that division, the appointing authority may	7786
request the board of county commissioners to issue a supplemental	7787
appropriation or make a transfer to the proper line item account	7788
as permitted in section 5705.40 of the Revised Code, to cover the	7789
amount charged beyond the originally appropriated amount. If the	7790
card is used for more than the amount originally appropriated and	7791
if for any reason that amount is not appropriated or transferred	7792
as permitted by this section, then the county treasury shall be	7793
reimbursed for any amount spent beyond the originally appropriated	7794
amount in the following manner:	7795

(a) If the card is issued in the name of a specific officer	7796
or employee, then that officer or employee is liable in person and	7797
upon any official bond the officer or employee has given to the	7798
county for reimbursing the county treasury for any amount charged	7799
on the card beyond the originally appropriated amount.	7800

(b) If the card is issued in the name of the office of the	7801
appointing authority, then the appointing authority is liable in	7802
person and upon any official bond the appointing authority has	7803
given to the county for reimbursement for any amount charged on	7804
the card beyond the originally appropriated amount.	7805

(3) Whenever any officer or employee authorized to use a	7806
credit card held by the board or the office of any other county	7807
appointing authority suspects the loss, theft, or possibility of	7808
unauthorized use of the county credit card the officer or employee	7809
is authorized to use, the officer or employee shall so notify the	7810
officer's or employee's appointing authority or the board	7811
immediately and in writing.	7812

(4) If the county auditor determines there has been a credit	7813
card expenditure beyond the appropriated or authorized amount as	7814
provided in division (E) of this section, the auditor immediately	7815
shall notify the board of county commissioners of this fact. When	7816
the board of county commissioners determines on its own or after	7817
notification from the county auditor that the county treasury	7818
should be reimbursed for credit card expenditures beyond the	7819
appropriated or authorized amount as provided in divisions (F)(1)	7820
and (2) of this section, it shall give written notice to the	7821
officer or employee or appointing authority liable to the treasury	7822
as provided in divisions (F)(1) and (2) of this section. If,	7823
within thirty days after issuance of this written notice the	7824
county treasury is not reimbursed for the amount shown on the	7825
written notice, the prosecuting attorney of the county shall	7826
recover that amount from the officer or employee or appointing	7827
authority who is liable under this section by civil action in any	7828
court of appropriate jurisdiction.	7829

(G) Use of a county credit card for any use other than those	7830
permitted under division (B) of this section is a violation of law	7831
for the purposes of section 2913.21 of the Revised Code.	7832

Sec. 307.86.  Anything to be purchased, leased, leased with	7833
an option or agreement to purchase, or constructed, including, but	7834
not limited to, any product, structure, construction,	7835
reconstruction, improvement, maintenance, repair, or service,	7836
except the services of an accountant, architect, attorney at law,	7837
physician, professional engineer, construction project manager,	7838
consultant, surveyor, or appraiser, by or on behalf of the county	7839
or contracting authority, as defined in section 307.92 of the	7840
Revised Code, at a cost in excess of fifteen thousand dollars,	7841
except as otherwise provided in division (D) of section 713.23 and	7842
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,	7843
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,	7844
and 6137.05 of the Revised Code, shall be obtained through	7845
competitive bidding. However, competitive bidding is not required	7846
when any of the following applies:	7847

(A) The board of county commissioners, by a unanimous vote	7848
of its members, makes a determination that a real and present	7849
emergency exists, and that determination and the reasons for it	7850
are entered in the minutes of the proceedings of the board, when	7851
either of the following applies:	7852

(1) The estimated cost is less than fifty thousand dollars.

7853

(2) There is actual physical disaster to structures, radio	7854
communications equipment, or computers.	7855

For purposes of this division, "unanimous vote" means all	7856
three members of a board of county commissioners when all three	7857
members are present, or two members of the board if only two	7858
members, constituting a quorum, are present.	7859

Whenever a contract of purchase, lease, or construction is	7860
exempted from competitive bidding under division (A)(1) of this	7861
section because the estimated cost is less than fifty thousand	7862
dollars, but the estimated cost is fifteen thousand dollars or	7863
more, the county or contracting authority shall solicit informal	7864
estimates from no fewer than three persons who could perform the	7865
contract, before awarding the contract. With regard to each such	7866
contract, the county or contracting authority shall maintain a	7867
record of such estimates, including the name of each person from	7868
whom an estimate is solicited. The county or contracting	7869
authority shall maintain the record for the longer of at least one	7870
year after the contract is awarded or the amount of time the	7871
federal government requires.	7872

(B) The purchase consists of supplies or a replacement or	7873
supplemental part or parts for a product or equipment owned or	7874
leased by the county, and the only source of supply for the	7875
supplies, part, or parts is limited to a single supplier.	7876

(C) The purchase is from the federal government, the state,	7877
another county or contracting authority of another county, or a	7878
board of education, township, or municipal corporation.	7879

(D) Public family services or workforce development	7880
activities are purchased for provision by the county department of	7881
job and family services under section 329.04 of the Revised Code,	7882
or program services, such as direct and ancillary client services,	7883
child day-care, case management services, residential services,	7884
and family resource services, are purchased for provision by a	7885
county board of mental retardation and developmental disabilities	7886
under section 5126.05 of the Revised Code.	7887

(E) The purchase consists of criminal justice services,	7888
social services programs, family services, or workforce	7889
development activities by the board of county commissioners from	7890
nonprofit corporations or associations under programs that are	7891
funded entirely by the federal government or by state grants.	7892

(F) The purchase consists of any form of an insurance policy	7893
or contract authorized to be issued under Title XXXIX of the	7894
Revised Code or any form of health care plan authorized to be	7895
issued under Chapter 1751. of the Revised Code, or any combination	7896
of such policies, contracts, or plans that the contracting	7897
authority is authorized to purchase, and the contracting authority	7898
does all of the following:	7899

(1) Determines that compliance with the requirements of this	7900
section would increase, rather than decrease, the cost of such the	7901
purchase;	7902

(2) Employs a competent consultant to assist the contracting	7903
authority in procuring appropriate coverages at the best and	7904
lowest prices;	7905

(3) Requests issuers of such the policies, contracts, or	7906
plans to submit proposals to the contracting authority, in a form	7907
prescribed by the contracting authority, setting forth the	7908
coverage and cost of such the policies, contracts, or plans as the	7909
contracting authority desires to purchase;	7910

(4) Negotiates with such the issuers for the purpose of	7911
purchasing such the policies, contracts, or plans at the best and	7912
lowest price reasonably possible.	7913

(G) The purchase consists of computer hardware, software, or	7914
consulting services that are necessary to implement a computerized	7915
case management automation project administered by the Ohio	7916
prosecuting attorneys association and funded by a grant from the	7917
federal government.	7918

(H) Child day-care services are purchased for provision to	7919
county employees.	7920

(I)(1) Property, including land, buildings, and other real	7921
property, is leased for offices, storage, parking, or other	7922
purposes, and all of the following apply:	7923

(a) The contracting authority is authorized by the Revised	7924
Code to lease the property.	7925

(b) The contracting authority develops requests for	7926
proposals for leasing the property, specifying the criteria that	7927
will be considered prior to leasing the property, including the	7928
desired size and geographic location of the property.	7929

(c) The contracting authority receives responses from	7930
prospective lessors with property meeting the criteria specified	7931
in the requests for proposals by giving notice in a manner	7932
substantially similar to the procedures established for giving	7933
notice under section 307.87 of the Revised Code.	7934

(d) The contracting authority negotiates with the	7935
prospective lessors to obtain a lease at the best and lowest price	7936
reasonably possible considering the fair market value of the	7937
property and any relocation and operational costs that may be	7938
incurred during the period the lease is in effect.	7939

(2) The contracting authority may use the services of a real	7940
estate appraiser to obtain advice, consultations, or other	7941
recommendations regarding the lease of property under this	7942
division.	7943

(J) The purchase is made pursuant to section 5139.34 or	7944
sections 5139.41 to 5139.46 of the Revised Code and is of programs	7945
or services that provide case management, treatment, or prevention	7946
services to any felony or misdemeanant delinquent, unruly youth,	7947
or status offender under the supervision of the juvenile court,	7948
including, but not limited to, community residential care, day	7949
treatment, services to children in their home, or electronic	7950
monitoring.	7951

(K) The purchase is made by a public children services	7952
agency pursuant to section 307.92 or 5153.16 of the Revised Code	7953
and consists of family services, programs, or ancillary services	7954
that provide case management, prevention, or treatment services	7955
for children at risk of being or alleged to be abused, neglected,	7956
or dependent children.	7957

Any issuer of policies, contracts, or plans listed in	7958
division (F) of this section and any prospective lessor under	7959
division (I) of this section may have the issuer's or prospective	7960
lessor's name and address, or the name and address of an agent,	7961
placed on a special notification list to be kept by the	7962
contracting authority, by sending the contracting authority such	7963
that name and address. The contracting authority shall send	7964
notice to all persons listed on the special notification list.	7965
Notices shall state the deadline and place for submitting	7966
proposals. The contracting authority shall mail the notices at	7967
least six weeks prior to the deadline set by the contracting	7968
authority for submitting proposals. Every five years the	7969
contracting authority may review this list and remove any person	7970
from the list after mailing the person notification of such that	7971
action.	7972

Any contracting authority that negotiates a contract under	7973
division (F) of this section shall request proposals and	7974
renegotiate with issuers in accordance with that division at least	7975
every three years from the date of the signing of such a contract.	7976

Any consultant employed pursuant to division (F) of this	7977
section and any real estate appraiser employed pursuant to	7978
division (I) of this section shall disclose any fees or	7979
compensation received from any source in connection with that	7980
employment.	7981

Sec. 313.091.  In connection with the performance of duties	7982
performed in accordance with under this chapter, a coroner, deputy	7983
coroner, or representative of a coroner or deputy coroner may	7984
request, in writing, to inspect and receive a copy of the deceased	7985
person's medical and psychiatric records. The person to whom the	7986
request is delivered shall make such records in the person's	7987
custody available during normal business hours to the coroner,	7988
deputy coroner, or representative for purposes of inspection and	7989
copying. A person who provides copies of medical or psychiatric	7990
records pursuant to a request made under this section may request,	7991
in writing, reimbursement in a specified amount for the necessary	7992
and reasonable costs of copying the records, in which case the	7993
coroner, deputy coroner, or representative shall remit that amount	7994
to the person upon receipt of the copies.	7995

Any medical or psychiatric record provided to a coroner,	7996
deputy coroner, or representative of a coroner or deputy coroner	7997
under this section is not a public record subject to section	7998
149.43 of the Revised Code. The release of a deceased person's	7999
medical or psychiatric records to a coroner, deputy coroner, or	8000
representative of a coroner or deputy coroner in accordance with	8001
this section does not violate division (B)(4) of section 4731.22	8002
or section 5122.31 of the Revised Code.	8003

As used in this section and section 313.10 of the Revised	8004
Code, "medical record" has the same meaning as in division (A)(3)	8005
of section 149.43 of the Revised Code.	8006

Sec. 325.071.  There shall be allowed annually to the	8007
sheriff, in addition to all salary and allowances otherwise	8008
provided by law, an amount equal to one-half of the official	8009
salary allowed under sections division (A) of section 325.06 and	8010
section 325.18 of the Revised Code, to provide for expenses that	8011
the sheriff incurs in the performance of the sheriff's official	8012
duties and in the furtherance of justice. Upon the order of the	8013
sheriff, the county auditor shall draw the auditor's warrant on	8014
the county treasurer, payable to the sheriff or any other person	8015
as the order designates, for the amount the order requires. The	8016
amounts the order requires, not exceeding the amount provided by	8017
this section, shall be paid out of the general fund of the county.	8018

Nothing shall be paid under this section until the sheriff	8019
gives bond to the state in an amount not less than the sheriff's	8020
official salary, to be fixed by the court of common pleas or the	8021
probate court, with sureties to be approved by either of those	8022
courts. The bond shall be conditioned that the sheriff will	8023
faithfully discharge all the duties enjoined upon the sheriff, and	8024
pay over all moneys the sheriff receives in an official capacity.	8025
The bond, with the approval of the court of common pleas or the	8026
probate court of the amount of the bond and the sureties on the	8027
bond, shall be deposited with the county treasurer.	8028

The sheriff annually, before the first Monday of January,	8029
shall file with the county auditor an itemized statement, verified	8030
by the sheriff, as to the manner in which the fund provided by	8031
this section has been expended during the current year, and, if	8032
any part of that fund remains in the sheriff's hands unexpended,	8033
forthwith shall pay the remainder into the county treasury.	8034

Sec. 329.042.  The county department of job and family	8035
services shall certify public assistance and nonpublic assistance	8036
households eligible under the "Food Stamp Act of 1964," 78 Stat.	8037
703, 7 U.S.C.A. 2011, as amended, and federal and state	8038
regulations adopted pursuant to such act, to enable low-income	8039
households to participate in the food stamp program and thereby to	8040
purchase foods having a greater monetary value than is possible	8041
under public assistance standard allowances or other low-income	8042
budgets.	8043

The county department of job and family services shall	8044
administer the distribution of food stamp coupons benefits under	8045
the supervision of the department of job and family services. Such	8046
coupons The benefits shall be distributed by mail in accordance	8047
with sections 5101.541, 5101.542, and 5101.543 of the Revised	8048
Code, or by some alternative a method approved by the department	8049
of job and family services in accordance with the "Food Stamp Act	8050
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and	8051
regulations issued thereunder.	8052

The document referred to as the "authorization-to-participate	8053
card," which shows the face value of the coupon allotment benefits	8054
an eligible household is entitled to receive on presentment of the	8055
document, shall be issued, immediately upon certification, to a	8056
household determined under division (C) of section 5101.54 of the	8057
Revised Code to be in immediate need of food assistance by being	8058
personally handed by a member of the staff of the county	8059
department of job and family services to the member of the	8060
household in whose name application was made for participation in	8061
the program or the authorized representative of such member of the	8062
household.	8063

Sec. 5101.19.        Sec.  .        Sec. 329.19.  (A) Upon determining that a person or	8064
persons are eligible for aid payments benefits or services under	8065
Chapter 5107. or 5115. of the Revised Code any assistance program	8066
administered by the county department of job and family services,	8067
the county department may issue an identification card shall be	8068
issued to the individual designated to receive warrants for aid	8069
payments person or persons. Such cards may be made up and issued	8070
by the county department of job and family services, or the	8071
department of job and family services may enter into a contract	8072
with any person, corporation, or agency, public or private, to	8073
furnish cards to individuals certified by the county department.	8074
The county department of job and family services shall determine	8075
the card's material, design, and informational content, which	8076
shall may include a photograph, social security number, name, and	8077
signature, and shall prescribe the procedure by which it is	8078
issued.	8079

(B) Any county department of job and family services which	8080
on July 7, 1972 is furnishing identification cards to individuals	8081
designated to receive warrants for aid payments under Chapter	8082
5107. of the Revised Code, may continue to issue such cards and	8083
may issue identification cards to individuals designated to	8084
receive warrants for aid payments under Chapter 5115. of the	8085
Revised Code under procedures developed by the county, in lieu of	8086
those established under division (A) of this section, provided:	8087

(1) The information borne on the card is substantially the	8088
same as that required in division (A) of this section;	8089

(2) The county complies with any regulations adopted by the	8090
director of job and family services which are applicable to such a	8091
procedure.	8092

(C) The individual designated to receive warrants for aid	8093
payments shall present the identification card issued under this	8094
section as a condition for the acceptance and payment of the	8095
warrants.	8096

In issuing identification cards under this section, the	8097
county department shall comply with any state or federal laws	8098
governing the issuance of the cards. All expenses incurred in	8099
issuing the issuance of identification cards under this section	8100
shall be paid from funds appropriated available to the county	8101
department of job and family services for administrative expenses.	8102

Sec. 339.05.  A board of county hospital trustees may adopt,	8103
annually, bidding procedures and purchasing policies for services	8104
provided through a joint purchasing arrangement sponsored by a	8105
nonprofit organization, and for supplies and equipment, that are	8106
routinely used in the operation of the hospital and that cost in	8107
excess of the amount specified in section 307.86 of the Revised	8108
Code as the amount above which purchases must be competitively	8109
bid. If a board of county hospital trustees adopts such those	8110
policies and procedures, and if the board of county commissioners	8111
approves them, the board of county hospital trustees may follow	8112
these those policies and procedures in lieu of following the	8113
competitive bidding procedures of sections 307.86 to 307.92 of the	8114
Revised Code.	8115

Sec. 340.02.  As used in this section, "mental health	8116
professional" means a person who is qualified to work with	8117
mentally ill persons, pursuant to minimum standards established by	8118
the director of mental health under section 5119.61 5119.611 of	8119
the Revised Code.	8120

For each alcohol, drug addiction, and mental health service	8121
district there shall be appointed a board of alcohol, drug	8122
addiction, and mental health services of eighteen members. Members	8123
shall be residents of the district and shall be interested in	8124
mental health programs and facilities or in alcohol or drug	8125
addiction programs.	8126

The director of mental health shall appoint four members of	8127
the board, the director of alcohol and drug addiction services	8128
shall appoint four members, and the board of county commissioners	8129
shall appoint ten members. In a joint-county district the county	8130
commissioners of each participating county shall appoint members	8131
in as nearly as possible the same proportion as that county's	8132
population bears to the total population of the district, except	8133
that at least one member shall be appointed from each	8134
participating county.	8135

The director of mental health shall ensure that at least one	8136
member of the board is a psychiatrist and one member of the board	8137
is a mental health professional. One member of the board may be a	8138
voting member of the citizen's advisory council of an institution	8139
under the control of the department of mental health which serves	8140
a hospital district in which one or more counties in the service	8141
district is located. If the appointment of a psychiatrist is not	8142
possible, as determined under rules adopted by the director, a	8143
licensed physician may be appointed in place of the psychiatrist.	8144
If the appointment of a licensed physician is not possible, the	8145
director of mental health may waive the requirement that the	8146
psychiatrist or licensed physician be a resident of the service	8147
district and appoint a psychiatrist or licensed physician from a	8148
contiguous county. The membership of the board shall, as nearly	8149
as possible, reflect the composition of the population of the	8150
service district as to race and sex. The director of mental health	8151
shall ensure that at least one member of the board is a person who	8152
has received or is receiving mental health services paid for by	8153
public funds and at least one member is a parent or other relative	8154
of such a person.	8155

The director of alcohol and drug addiction services shall	8156
ensure that at least one member of the board is a professional in	8157
the field of alcohol or drug addiction services and one member of	8158
the board is an advocate for persons receiving treatment for	8159
alcohol or drug addiction. Of the members appointed by the	8160
director of alcohol and drug addiction services, at least one	8161
shall be a person who has received or is receiving services for	8162
alcohol or drug addiction and at least one member shall be a	8163
parent or other relative of such a person.	8164

No member or employee of a board of alcohol, drug addiction,	8165
and mental health services shall serve as a member of the board of	8166
any agency with which the board of alcohol, drug addiction, and	8167
mental health services has entered into a contract for the	8168
provision of services or facilities. No member of a board of	8169
alcohol, drug addiction, and mental health services shall be an	8170
employee of any agency with which the board has entered into a	8171
contract for the provision of services or facilities. No person	8172
shall be an employee of a board and such an agency unless the	8173
board and agency both agree in writing.	8174

No person shall serve as a member of the board of alcohol,	8175
drug addiction, and mental health services whose spouse, child,	8176
parent, brother, sister, grandchild, stepparent, stepchild,	8177
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8178
daughter-in-law, brother-in-law, or sister-in-law serves as a	8179
member of the board of any agency with which the board of alcohol,	8180
drug addiction, and mental health services has entered into a	8181
contract for the provision of services or facilities. No person	8182
shall serve as a member or employee of the board whose spouse,	8183
child, parent, brother, sister, stepparent, stepchild,	8184
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8185
daughter-in-law, brother-in-law, or sister-in-law serves as a	8186
county commissioner of a county or counties in the alcohol, drug	8187
addiction, and mental health service district.	8188

Each year each board member shall attend at least one	8189
inservice training session provided or approved by the department	8190
of mental health or the department of alcohol and drug addiction	8191
services. Such training sessions shall not be considered to be	8192
regularly scheduled meetings of the board.	8193

Each member shall be appointed for a term of four years,	8194
commencing the first day of July, except that one-third of initial	8195
appointments to a newly established board, and to the extent	8196
possible to expanded boards, shall be for terms of two years,	8197
one-third for terms of three years, and one-third for terms of	8198
four years. No member shall serve more than two consecutive	8199
four-year terms. A member may serve for three consecutive terms	8200
only if one of the terms is for less than two years. A member who	8201
has served two consecutive four-year terms or three consecutive	8202
terms totaling less than ten years is eligible for reappointment	8203
one year following the end of the second or third term,	8204
respectively.	8205

When a vacancy occurs, appointment for the expired or	8206
unexpired term shall be made in the same manner as an original	8207
appointment. The appointing authority shall be notified by	8208
certified mail of any vacancy and shall fill the vacancy within	8209
sixty days following such notice.	8210

Any member of the board may be removed from office by the	8211
appointing authority for neglect of duty, misconduct, or	8212
malfeasance in office, and shall be removed by the appointing	8213
authority if the member's spouse, child, parent, brother, sister,	8214
stepparent, stepchild, stepbrother, stepsister, father-in-law,	8215
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	8216
sister-in-law serves as a county commissioner of a county or	8217
counties in the service district or serves as a member or employee	8218
of the board of an agency with which the board of alcohol, drug	8219
addiction, and mental health services has entered a contract for	8220
the provision of services or facilities. The member shall be	8221
informed in writing of the charges and afforded an opportunity for	8222
a hearing. Upon the absence of a member within one year from	8223
either four board meetings or from two board meetings without	8224
prior notice, the board shall notify the appointing authority,	8225
which may vacate the appointment and appoint another person to	8226
complete the member's term.	8227

Members of the board shall serve without compensation, but	8228
shall be reimbursed for actual and necessary expenses incurred in	8229
the performance of their official duties, as defined by rules of	8230
the departments of mental health and alcohol and drug addiction	8231
services.	8232

Sec. 340.03.  (A) Subject to rules issued by the director of	8233
mental health after consultation with relevant constituencies as	8234
required by division (A)(11) of section 5119.06 of the Revised	8235
Code, with regard to mental health services, the board of alcohol,	8236
drug addiction, and mental health services shall:	8237

(1) Serve as the community mental health planning agency for	8238
the county or counties under its jurisdiction, and in so doing it	8239
shall:	8240

(a) Evaluate the need for facilities and community mental	8241
health programs and facilities services;	8242

(b) Assess In cooperation with other local and regional	8243
planning and funding bodies and with relevant ethnic	8244
organizations, assess the community mental health needs, set	8245
priorities, and develop plans for the operation of facilities and	8246
community mental health services and programs, and facilities for	8247
those services and programs, in cooperation with other local and	8248
regional planning and funding bodies and with relevant ethnic	8249
organizations;	8250

(c) In accordance with guidelines issued by the director of	8251
mental health after consultation with board representatives,	8252
develop and submit to the department of mental health, no later	8253
than six months prior to the conclusion of the fiscal year in	8254
which the board's current plan is scheduled to expire, a community	8255
mental health plan listing community mental health needs,	8256
including the needs of all residents of the district now residing	8257
in state mental institutions and severely mentally disabled	8258
adults, children, and adolescents; all children subject to a	8259
determination made pursuant to section 121.38 of the Revised Code;	8260
and all the facilities and community mental health programs and	8261
facilities services that are or will be in operation or provided	8262
during the period for which the plan will be in operation in the	8263
service district to meet such needs.	8264

The plan shall include, but not be limited to, a statement of	8265
which of the services listed in section 340.09 of the Revised Code	8266
the board intends to provide or purchase, an explanation of how	8267
the board intends to make any payments that it may be required to	8268
pay under section 5119.62 of the Revised Code, a statement of the	8269
inpatient and community-based services the board proposes that the	8270
department operate, an assessment of the number and types of	8271
residential facilities needed, and such other information as the	8272
department requests, and a budget for moneys the board expects to	8273
receive. The board shall also submit an allocation request for	8274
state and federal funds. Within sixty days after the department's	8275
determination that the plan and allocation request are complete,	8276
the department shall approve or disapprove the plan and request,	8277
in whole or in part, according to the criteria developed pursuant	8278
to section 5119.61 of the Revised Code. The department's	8279
statement of approval or disapproval shall specify the inpatient	8280
and the community-based services that the department will operate	8281
for the board. Eligibility for financial support shall be	8282
contingent upon an approved plan or relevant part of a plan.	8283

If the director disapproves all or part of any plan, the	8284
director shall inform the board of the reasons for the disapproval	8285
and of the criteria that must be met before the plan may be	8286
approved. The director shall provide the board an opportunity to	8287
present its case on behalf of the plan. The director shall give	8288
the board a reasonable time in which to meet the criteria, and	8289
shall offer the board technical assistance to help it meet the	8290
criteria.	8291

If the approval of a plan remains in dispute thirty days	8292
prior to the conclusion of the fiscal year in which the board's	8293
current plan is scheduled to expire, the board or the director may	8294
request that the dispute be submitted to a mutually agreed upon	8295
third-party mediator with the cost to be shared by the board and	8296
the department. The mediator shall issue to the board and the	8297
department recommendations for resolution of the dispute. Prior to	8298
the conclusion of the fiscal year in which the current plan is	8299
scheduled to expire, the director, taking into consideration the	8300
recommendations of the mediator, shall make a final determination	8301
and approve or disapprove the plan, in whole or in part.	8302

If a board determines that it is necessary to amend a plan or	8303
an allocation request that has been approved under division	8304
(A)(1)(c) of this section, the board shall submit a proposed	8305
amendment to the director. The director may approve or disapprove	8306
all or part of the amendment. If the director does not approve	8307
all or part of the amendment within thirty days after it is	8308
submitted, the amendment or part of it shall be considered to have	8309
been approved. The director shall inform the board of the reasons	8310
for disapproval of all or part of an amendment and of the criteria	8311
that must be met before the amendment may be approved. The	8312
director shall provide the board an opportunity to present its	8313
case on behalf of the amendment. The director shall give the	8314
board a reasonable time in which to meet the criteria, and shall	8315
offer the board technical assistance to help it meet the criteria.	8316

The board shall implement the plan approved by the	8317
department.	8318

(d) Receive, compile, and transmit to the department of	8319
mental health applications for state reimbursement;	8320

(e) Promote, arrange, and implement working agreements with	8321
social agencies, both public and private, and with judicial	8322
agencies.	8323

(2) Investigate, or request another agency to investigate,	8324
any complaint alleging abuse or neglect of any person receiving	8325
services from a community mental health agency as defined in	8326
section 5122.01 of the Revised Code, or from a residential	8327
facility licensed under section 5119.22 of the Revised Code. If	8328
the investigation substantiates the charge of abuse or neglect,	8329
the board shall take whatever action it determines is necessary to	8330
correct the situation, including notification of the appropriate	8331
authorities. Upon request, the board shall provide information	8332
about such investigations to the department.	8333

(3) Review, For the purpose of section 5119.611 of the	8334
Revised Code, cooperate with the director of mental health in	8335
visiting and evaluating whether the services of a community mental	8336
health agency satisfy the certification standards established by	8337
rules adopted under that section;	8338

(4) In accordance with criteria established under division	8339
(G) of section 5119.61 of the Revised Code, review and evaluate,	8340
and conduct program audits for the quality, effectiveness, and	8341
efficiency of services provided through its community mental	8342
health services, facilities, and agencies seeking federal, state,	8343
or board assistance, review licensure applications pursuant to	8344
section 5119.22 of the Revised Code, and determine if the services	8345
meet minimum standards established pursuant to division (G) of	8346
section 5119.01 of the Revised Code plan and submit its findings	8347
and recommendations to the department of mental health;	8348

(4)(5) In accordance with section 5119.22 of the Revised	8349
Code, review applications for residential facility licenses and	8350
recommend to the department of mental health approval or	8351
disapproval of applications;	8352

(6) Audit, in accordance with rules adopted by the auditor	8353
of state pursuant to section 117.20 of the Revised Code, at least	8354
annually all programs and services provided under contract with	8355
the board. In so doing, the board may contract for or employ the	8356
services of private auditors. A copy of the fiscal audit report	8357
shall be provided to the director of mental health, the auditor of	8358
state, and the county auditor of each county in the board's	8359
district.	8360

(5)(7) Recruit and promote local financial support for	8361
mental health programs from private and public sources;	8362

(6)(8)(a) Enter into contracts with public and private	8363
facilities for the operation of facility services included in the	8364
board's community mental health plan and enter into contracts with	8365
public and private community mental health agencies for the	8366
provision of community mental health services and facilities	8367
listed in section 340.09 of the Revised Code and included in the	8368
board's community mental health plan. Contracts with community	8369
mental health agencies are subject to section 5119.611 of the	8370
Revised Code. Section 307.86 of the Revised Code does not apply	8371
to contracts entered into under this division. In contracting	8372
with a public or private community mental health agency, a board	8373
shall consider the cost effectiveness of services provided by that	8374
agency and the quality and continuity of care, and may review cost	8375
elements, including salary costs, of the services to be provided.	8376
A utilization review process shall be established as part of the	8377
contract for services entered into between a board and a public or	8378
private community mental health agency. The board may establish	8379
this process in a way which that is most effective and efficient	8380
in meeting local needs. In the case of a contract with a	8381
community mental health facility described in division (B) of	8382
section 5111.022 of the Revised Code to provide services	8383
established by division (A) of that section, the contract shall	8384
provide for the facility to be paid in accordance with the	8385
contract entered into between the departments of human job and	8386
family services and mental health under division (E) of that	8387
section and any rules adopted under division (A) of section	8388
5119.61 of the Revised Code.	8389

If either the board or a facility or community mental health	8390
agency with which it the board contracts for mental health	8391
services, programs, or facilities under division (A)(8)(a) of this	8392
section proposes not to renew the contract or proposes substantial	8393
changes in contract terms, the other party shall be given written	8394
notice at least one hundred twenty days before the expiration date	8395
of the contract. During the first sixty days of this one hundred	8396
twenty-day period, both parties shall attempt to resolve any	8397
dispute through good faith collaboration and negotiation in order	8398
to continue to provide services to persons in need. If the	8399
dispute has not been resolved sixty days before the expiration	8400
date of the contract, either party may notify the department of	8401
mental health of the unresolved dispute. The director may require	8402
both parties to submit the dispute to a third party with the cost	8403
to be shared by the board and the facility or community mental	8404
health agency. The third party shall issue to the board, the	8405
facility or agency, and the department recommendations on how the	8406
dispute may be resolved twenty days prior to the expiration date	8407
of the contract, unless both parties agree to a time extension.	8408
The director shall adopt rules establishing the procedures of this	8409
dispute resolution process.	8410

(b) With the prior approval of the director of mental	8411
health, a board may operate a facility or provide a community	8412
mental health service, program, or facility as follows, if there	8413
is no other qualified private or public facility or community	8414
mental health agency that is immediately available and willing to	8415
operate such a facility or provide the service, program, or	8416
facility:	8417

(i) In an emergency situation, any board may operate a	8418
facility or provide a community mental health service, program, or	8419
facility in order to provide essential services for the duration	8420
of the emergency;	8421

(ii) In a service district with a population of at least one	8422
hundred thousand but less than five hundred thousand, a board may	8423
operate a facility or provide a community mental health service,	8424
program, or facility for no longer than one year;	8425

(iii) In a service district with a population of less than	8426
one hundred thousand, a board may operate a facility or provide a	8427
community mental health service, program, or facility for no	8428
longer than one year, except that such a board may operate a	8429
facility or provide a community mental health service, program, or	8430
facility for more than one year with the prior approval of the	8431
director and the prior approval of the board of county	8432
commissioners, or of a majority of the boards of county	8433
commissioners if the district is a joint-county district.	8434

The director shall not give a board approval to operate a	8435
facility or provide a community mental health service, program, or	8436
facility under division (A)(6)(8)(b)(ii) or (iii) of this section	8437
unless the director determines that it is not feasible to have the	8438
department operate the facility or provide the service, program,	8439
or facility.	8440

The director shall not give a board approval to operate a	8441
facility or provide a community mental health service, program, or	8442
facility under division (A)(6)(8)(b)(iii) of this section unless	8443
the director determines that the board's service, program, or	8444
facility board will provide greater administrative efficiency and	8445
more or better services than would be available if the board	8446
contracted with a private or public facility or community mental	8447
health agency for provision of the services.	8448

The director shall not give a board approval to operate a	8449
mental health service, program, or facility previously operated by	8450
a community mental health agency person or other government entity	8451
unless the board has established to the director's satisfaction	8452
that the agency person or other government entity cannot	8453
effectively provide operate the service, program, or facility, or	8454
that the agency person or other government entity has requested	8455
the board to take over operation of the service, program, or	8456
facility. The director shall not give a board approval to provide	8457
a community mental health service previously provided by a	8458
community mental health agency unless the board has established to	8459
the director's satisfaction that the agency cannot effectively	8460
provide the service or that the agency has requested the board	8461
take over providing the service.	8462

The director shall review and evaluate the a board's	8463
operation of each a facility and provision of community mental	8464
health service, program, or facility operated by a board under	8465
division (A)(6)(8)(b) of this section.	8466

Nothing in division (A)(6)(8)(b) of this section authorizes a	8467
board to administer or direct the daily operation of any facility	8468
or community mental health agency, but an a facility or agency may	8469
contract with a board to receive administrative services or staff	8470
direction from the board under the direction of the governing body	8471
of the facility or agency.	8472

(7)(9) Approve fee schedules and related charges or adopt a	8473
unit cost schedule or other methods of payment for contract	8474
services provided by community mental health agencies in	8475
accordance with guidelines issued by the department as necessary	8476
to comply with state and federal laws pertaining to financial	8477
assistance;	8478

(8)(10) Submit to the director and the county commissioners	8479
of the county or counties served by the board, and make available	8480
to the public, an annual report of the programs under the	8481
jurisdiction of the board, including a fiscal accounting;	8482

(9)(11) Establish, to the extent resources are available, a	8483
community support system, which provides for treatment, support,	8484
and rehabilitation services and opportunities. The essential	8485
elements of the system include, but are not limited to, the	8486
following components in accordance with section 5119.06 of the	8487
Revised Code:	8488

(a) To locate persons in need of mental health services to	8489
inform them of available services and benefits mechanisms;	8490

(b) Assistance for clients to obtain services necessary to	8491
meet basic human needs for food, clothing, shelter, medical care,	8492
personal safety, and income;	8493

(c) Mental health care, including, but not limited to,	8494
outpatient, partial hospitalization, and, where appropriate,	8495
inpatient care;	8496

(d) Emergency services and crisis intervention;

8497

(e) Assistance for clients to obtain vocational services and	8498
opportunities for jobs;	8499

(f) The provision of services designed to develop social,	8500
community, and personal living skills;	8501

(g) Access to a wide range of housing and the provision of	8502
residential treatment and support;	8503

(h) Support, assistance, consultation, and education for	8504
families, friends, consumers of mental health services, and	8505
others;	8506

(i) Recognition and encouragement of families, friends,	8507
neighborhood networks, especially networks that include racial and	8508
ethnic minorities, churches, community organizations, and	8509
meaningful employment as natural supports for consumers of mental	8510
health services;	8511

(j) Grievance procedures and protection of the rights of	8512
consumers of mental health services;	8513

(k) Case management, which includes continual individualized	8514
assistance and advocacy to ensure that needed services are offered	8515
and procured.	8516

(10)(12) Designate the treatment program, agency, or	8517
facility for each person involuntarily committed to the board	8518
pursuant to Chapter 5122. of the Revised Code and authorize	8519
payment for such treatment. The board shall provide the least	8520
restrictive and most appropriate alternative that is available for	8521
any person involuntarily committed to it and shall assure that the	8522
services listed in section 340.09 of the Revised Code are	8523
available to severely mentally disabled persons residing within	8524
its service district. The board shall establish the procedure for	8525
authorizing payment for services, which may include prior	8526
authorization in appropriate circumstances. The board may provide	8527
for services directly to a severely mentally disabled person when	8528
life or safety is endangered and when no community mental health	8529
agency is available to provide the service.	8530

(11)(13) Establish a method for evaluating referrals for	8531
involuntary commitment and affidavits filed pursuant to section	8532
5122.11 of the Revised Code in order to assist the probate	8533
division of the court of common pleas in determining whether there	8534
is probable cause that a respondent is subject to involuntary	8535
hospitalization and what alternative treatment is available and	8536
appropriate, if any.;	8537

(12)(14) Ensure that apartments or rooms built, subsidized,	8538
renovated, rented, owned, or leased by the board or a community	8539
mental health agency have been approved as meeting minimum fire	8540
safety standards and that persons residing in the rooms or	8541
apartments are receiving appropriate and necessary services,	8542
including culturally relevant services, from a community mental	8543
health agency. This division does not apply to residential	8544
facilities licensed pursuant to section 5119.22 of the Revised	8545
Code.	8546

(13)(15) Establish a mechanism for involvement of consumer	8547
recommendation and advice on matters pertaining to mental health	8548
services in the alcohol, drug addiction, and mental health service	8549
district;	8550

(14)(16) Perform the duties under section 3722.18 of the	8551
Revised Code required by rules adopted under section 5119.61 of	8552
the Revised Code regarding referrals by the board or mental health	8553
agencies under contract with the board of individuals with mental	8554
illness or severe mental disability to adult care facilities and	8555
effective arrangements for ongoing mental health services for the	8556
individuals. The board is accountable in the manner specified in	8557
the rules for ensuring that the ongoing mental health services are	8558
effectively arranged for the individuals.	8559

(B) The board shall establish such rules, operating	8560
procedures, standards, and bylaws, and perform such other duties	8561
as may be necessary or proper to carry out the purposes of this	8562
chapter.	8563

(C) A board of alcohol, drug addiction, and mental health	8564
services may receive by gift, grant, devise, or bequest any	8565
moneys, lands, or property for the benefit of the purposes for	8566
which the board is established, and may hold and apply it	8567
according to the terms of the gift, grant, or bequest. All money	8568
received, including accrued interest, by gift, grant, or bequest	8569
shall be deposited in the treasury of the county, the treasurer of	8570
which is custodian of the alcohol, drug addiction, and mental	8571
health services funds to the credit of the board and shall be	8572
available for use by the board for purposes stated by the donor or	8573
grantor.	8574

(D) No board member or employee of a board of alcohol, drug	8575
addiction, and mental health services shall be liable for injury	8576
or damages caused by any action or inaction taken within the scope	8577
of the board member's official duties or the employee's	8578
employment, whether or not such action or inaction is expressly	8579
authorized by this section, section 340.033, or any other section	8580
of the Revised Code, unless such action or inaction constitutes	8581
willful or wanton misconduct. Chapter 2744. of the Revised Code	8582
applies to any action or inaction by a board member or employee of	8583
a board taken within the scope of the board member's official	8584
duties or employee's employment. For the purposes of this	8585
division, the conduct of a board member or employee shall not be	8586
considered willful or wanton misconduct if the board member or	8587
employee acted in good faith and in a manner that the board member	8588
or employee reasonably believed was in or was not opposed to the	8589
best interests of the board and, with respect to any criminal	8590
action or proceeding, had no reasonable cause to believe the	8591
conduct was unlawful.	8592

(E) The meetings held by any committee established by a	8593
board of alcohol, drug addiction, and mental health services shall	8594
be considered to be meetings of a public body subject to section	8595
121.22 of the Revised Code.	8596

Sec. 340.08.  The community mental health plan prepared	8597
pursuant to division (A)(3)(1)(c) of section 340.03 of the Revised	8598
Code constitutes an application for funds from the department of	8599
mental health. The director of mental health shall distribute	8600
funds to the board pursuant to section 5119.62 of the Revised	8601
Code. The director shall review the budgets and expenditures of	8602
the various facilities, and community mental health agencies, and	8603
programs receiving funds periodically during the year. The	8604
director may charge against the county or counties any overpayment	8605
of state funds allocated to the program, and the county or	8606
counties shall reimburse the treasurer of state the amount of the	8607
overpayment if the overpayment exceeds the total moneys allocated	8608
to but not yet received by the county or counties.	8609

Sec. 340.091.  Each board of alcohol, drug addiction, and	8610
mental health services shall contract with a community mental	8611
health agency under division (A)(6)(8)(a) of section 340.03 of the	8612
Revised Code for the agency to do all of the following in	8613
accordance with rules adopted under section 5119.61 of the Revised	8614
Code for an individual referred to the agency under division	8615
(C)(2) of section 173.35 of the Revised Code:	8616

(A) Assess the individual to determine whether to recommend	8617
that a PASSPORT administrative agency determine that the	8618
environment in which the individual will be living while receiving	8619
residential state supplement payments is appropriate for the	8620
individual's needs and, if it determines the environment is	8621
appropriate, issue the recommendation to the PASSPORT	8622
administrative agency;	8623

(B) Provide ongoing monitoring to ensure that services	8624
provided under section 340.09 of the Revised Code are available to	8625
the individual;	8626

(C) Provide discharge planning to ensure the individual's	8627
earliest possible transition to a less restrictive environment.	8628

Sec. 340.16. Not later than ninety days after the effective	8629
date of this section, the department of mental health and the	8630
department of job and family services shall adopt rules that	8631
establish requirements and procedures for prior notification and	8632
service coordination between public children services agencies and	8633
boards of alcohol, drug addiction, and mental health services when	8634
a public children services agency refers a child in its custody to	8635
a board for services funded by the board. The rules shall be	8636
adopted in accordance with Chapter 119. of the Revised Code.	8637

The department of mental health and department of job and	8638
family services shall collaborate in formulating a plan that	8639
delineates the funding responsibilities of public children	8640
services agencies and boards of alcohol, drug addiction, and	8641
mental health services for services provided under section	8642
5111.022 of the Revised Code to children in the custody of public	8643
children services agencies. The departments shall complete the	8644
plan not later than ninety days after the effective date of this	8645
section.	8646

Sec. 349.01.  As used in this chapter:

8647

(A) "New community" means a community or an addition to an	8648
existing community planned pursuant to this chapter so that it	8649
includes facilities for the conduct of industrial, commercial,	8650
residential, cultural, educational, and recreational activities,	8651
and designed in accordance with planning concepts for the	8652
placement of utility, open space, and other supportive facilities.	8653

(B) "New community development program" means a program for	8654
the development of a new community characterized by well-balanced	8655
and diversified land use patterns and which includes land	8656
acquisition and land development, the acquisition, construction,	8657
operation, and maintenance of community facilities, and the	8658
provision of services authorized in sections 349.01 to 349.16 of	8659
the Revised Code this chapter.	8660

(C) "New community district" means the area of land described	8661
by the developer in the petition as set forth in division (A) of	8662
section 349.03 of the Revised Code for development as a new	8663
community and any lands added to such the district by amendment of	8664
the resolution establishing the community authority.	8665

(D) "New community authority" means a body corporate and	8666
politic in this state, established pursuant to section 349.03 of	8667
the Revised Code and governed by a board of trustees as provided	8668
in section 349.04 of the Revised Code.	8669

(E) "Developer" means any person, organized for carrying out	8670
a new community development program who owns or controls, through	8671
leases of at least seventy-five years' duration, options, or	8672
contracts to purchase, the land within a new community district,	8673
or any municipality municipal corporation, county, or port	8674
authority that owns the land within a new community district, or	8675
has the ability to acquire such land, either by voluntary	8676
acquisition or condemnation in order to eliminate slum, blighted,	8677
and deteriorated or deteriorating areas and to prevent the	8678
recurrence thereof.	8679

(F) "Organizational board of commissioners" means, if the new	8680
community district is located in only one county, the board of	8681
county commissioners of such county; if located in more than one	8682
county, a board consisting of the members of the board of county	8683
commissioners of each of the counties in which the district is	8684
located, provided that action of such board shall require a	8685
majority vote of the members of each separate board of county	8686
commissioners; or, if more than half of the new community district	8687
is located within the boundaries of the most populous municipal	8688
corporation of a county, the legislative authority of the	8689
municipal corporation.	8690

(G) "Land acquisition" means the acquisition of real property	8691
and interests in real property as part of a new community	8692
development program.	8693

(H) "Land development" means the process of clearing and	8694
grading land, making, installing, or constructing water	8695
distribution systems, sewers, sewage collection systems, steam,	8696
gas, and electric lines, roads, streets, curbs, gutters,	8697
sidewalks, storm drainage facilities, and other installations or	8698
work, whether within or without the new community district, and	8699
the construction of community facilities.	8700

(I) "Community facilities" means all real property,	8701
buildings, structures, or other facilities, including related	8702
fixtures, equipment, and furnishings, to be owned, operated,	8703
financed, constructed, and maintained under this chapter,	8704
including public, community, village, neighborhood, or town	8705
buildings, centers and plazas, auditoriums, day care centers,	8706
recreation halls, educational facilities, hospital facilities as	8707
defined in section 140.01 of the Revised Code, recreational	8708
facilities, natural resource facilities, including parks and other	8709
open space land, lakes and streams, cultural facilities, community	8710
streets, pathway and bikeway systems, pedestrian underpasses and	8711
overpasses, lighting facilities, design amenities, or other	8712
community facilities, and buildings needed in connection with	8713
water supply or sewage disposal installations or steam, gas, or	8714
electric lines or installation.	8715

(J) "Cost" as applied to a new community development program	8716
means all costs related to land acquisition and land development,	8717
the acquisition, construction, maintenance, and operation of	8718
community facilities and offices of the community authority, and	8719
of providing furnishings and equipment therefor, financing charges	8720
including interest prior to and during construction and for the	8721
duration of the new community development program, planning	8722
expenses, engineering expenses, administrative expenses including	8723
working capital, and all other expenses necessary and incident to	8724
the carrying forward of the new community development program.	8725

(K) "Income source" means any and all sources of income to	8726
the community authority, including community development charges	8727
of which the new community authority is the beneficiary as	8728
provided in section 349.07 of the Revised Code, rentals, user fees	8729
and other charges received by the new community authority, any	8730
gift or grant received, any moneys received from any funds	8731
invested by or on behalf of the new community authority, and	8732
proceeds from the sale or lease of land and community facilities.	8733

(L) "Community development charge" means a dollar amount	8734
which shall be determined on the basis of the assessed valuation	8735
of real property or interests in real property in a new community	8736
district sold, leased, or otherwise conveyed by the developer or	8737
the new community authority, the income of the residents of such	8738
property subject to such charge under section 349.07 of the	8739
Revised Code, if such property is devoted to residential uses or	8740
to the profits of any business, a uniform fee on each parcel of	8741
such real property originally sold, leased, or otherwise conveyed	8742
by the developer or new community authority, or any combination of	8743
the foregoing bases.	8744

(M) "Proximate city" means any city that, as of the date of	8745
filing of the petition under section 349.03 of the Revised Code,	8746
is the most populous city of the county in which the proposed new	8747
community district is located, is the most populous city of an	8748
adjoining county if any portion of such city is within five miles	8749
of any part of the boundaries of such district, or exercises	8750
extraterritorial subdivision authority under section 711.09 of the	8751
Revised Code with respect to any part of such district.	8752

Sec. 503.162.  (A) After certification of a resolution as	8753
provided in section 503.161 of the Revised Code, the board of	8754
elections shall submit the question of whether the township's name	8755
shall be changed to the electors of the unincorporated area of the	8756
township in accordance with division (C) of that section, and the	8757
ballot language shall be substantially as follows:	8758

"Shall the township of .......... (name) change its name to	8759
........ (proposed name)?	8760

.......... For name change

8761

.......... Against name change"

8762

(B) At least forty-five days before the election on this	8763
question, the board of township trustees shall provide notice of	8764
the election and an explanation of the proposed name change in a	8765
newspaper of general circulation in the township for three	8766
consecutive weeks and shall post the notice and explanation in	8767
five conspicuous places in the unincorporated area of the	8768
township.	8769

(C) If a majority of the votes cast on the proposition of	8770
changing the township's name is in the affirmative, the name	8771
change is adopted and becomes effective ninety days after the	8772
board of elections certifies the election results to the clerk of	8773
the township. Upon receipt of the certification of the election	8774
results from the board of elections, the clerk of the township	8775
shall send a copy of that certification to the secretary of state	8776
and to the state and local government commission of Ohio.	8777

(D) A change in the name of a township shall not alter the	8778
rights or liabilities of the township as previously named.	8779

Sec. 504.03.  (A)(1) If a limited home rule government is	8780
adopted pursuant to section 504.02 of the Revised Code, it shall	8781
remain in effect for at least three years except as otherwise	8782
provided in division (B) of this section. At the end of that	8783
period, if the board of township trustees determines that that	8784
government is not in the best interests of the township, it may	8785
adopt a resolution causing the board of elections to submit to the	8786
electors of the unincorporated area of the township the question	8787
of whether the township should continue the limited home rule	8788
government. The question shall be voted upon at the next general	8789
election occurring at least seventy-five days after the	8790
certification of the resolution to the board of elections. After	8791
certification of the resolution, the board of elections shall	8792
submit the question to the electors of the unincorporated area of	8793
the township, and the ballot language shall be substantially as	8794
follows:	8795

"Shall the township of ........... (name) continue the	8796
limited home rule government under which it is operating?	8797

(2) At least forty-five days before the election on the	8800
question of continuing the limited home rule government, the board	8801
of township trustees shall have notice of the election published	8802
in a newspaper of general circulation in the township for three	8803
consecutive weeks and have the notice posted in five conspicuous	8804
places in the unincorporated area of the township.	8805

(B) The electors of a township that has adopted a limited	8806
home rule government may propose at any time by initiative	8807
petition, in accordance with section 504.14 of the Revised Code, a	8808
resolution submitting to the electors in the unincorporated area	8809
of the township, in an election, the question set forth in	8810
division (A)(1) of this section.	8811

(C) If a majority of the votes cast under division (A) or	8812
(B) of this section on the proposition of continuing the limited	8813
home rule government is in the negative, that government is	8814
terminated effective on the first day of January immediately	8815
following the election, and a limited home rule government shall	8816
not be adopted in the unincorporated area of the township pursuant	8817
to section 504.02 of the Revised Code for at least three years	8818
after that date.	8819

(D) If a limited home rule government is terminated pursuant	8820
to under this section, the board of township trustees immediately	8821
shall adopt a resolution repealing all resolutions adopted	8822
pursuant to this chapter that are not authorized by any other	8823
section of the Revised Code outside this chapter, effective on the	8824
first day of January immediately following the election described	8825
in division (A) or (B) of this section. However, no resolution	8826
adopted under this division shall affect or impair the obligations	8827
of the township under any security issued or contracts entered	8828
into by the township in connection with the financing of any water	8829
supply facility or sewer improvement under sections 504.18 to	8830
504.20 of the Revised Code or the authority of the township to	8831
collect or enforce any assessments or other revenues constituting	8832
security for or source of payments of debt service charges of	8833
those securities.	8834

(E) Upon the termination of a limited home rule government	8835
under this section, if the township had converted its board of	8836
township trustees to a five-member board under section 504.21 of	8837
the Revised Code, the current board member who received the lowest	8838
number of votes of the current board members who were elected at	8839
the most recent election for township trustees, and the current	8840
board member who received the lowest number of votes of the	8841
current board members who were elected at the second most recent	8842
election for township trustees, shall cease to be township	8843
trustees on the date that the limited home rule government	8844
terminates. Their offices likewise shall cease to exist at that	8845
time, and the board shall continue as a three-member board as	8846
provided in section 505.01 of the Revised Code.	8847

Sec. 504.04.  (A) A township that adopts a limited home rule	8848
government may do all of the following by resolution, provided	8849
that any of these resolutions, other than a resolution to supply	8850
water or sewer services in accordance with sections 504.18 to	8851
504.20 of the Revised Code, may be enforced only by the imposition	8852
of civil fines as authorized in this chapter:	8853

(1) Exercise all powers of local self-government within the	8854
unincorporated area of the township, other than powers that are in	8855
conflict with general laws, except that the township shall comply	8856
with the requirements and prohibitions of this chapter, and shall	8857
enact no taxes other than those authorized by general law, and	8858
except that no resolution adopted pursuant to this chapter shall	8859
encroach upon the powers, duties, and privileges of elected	8860
township officers or change, alter, combine, eliminate, or	8861
otherwise modify the form or structure of the township government	8862
unless the change is required or permitted by this chapter;	8863

(2) Adopt and enforce within the unincorporated area of the	8864
township local police, sanitary, and other similar regulations	8865
that are not in conflict with general laws or otherwise prohibited	8866
by division (B) of this section;	8867

(3) Supply water and sewer services to users within the	8868
unincorporated area of the township in accordance with sections	8869
504.18 to 504.20 of the Revised Code.	8870

(B) No resolution adopted pursuant to this chapter shall do	8871
any of the following:	8872

(1) Create a criminal offense or impose criminal penalties,	8873
except as authorized by division (A) of this section;	8874

(2) Impose civil fines other than as authorized by this	8875
chapter;	8876

(3) Establish or revise subdivision regulations, road	8877
construction standards, urban sediment rules, or storm water and	8878
drainage regulations;	8879

(4) Establish or revise building standards, building codes,	8880
and other standard codes except as provided in section 504.13 of	8881
the Revised Code;	8882

(5) Increase, decrease, or otherwise alter the powers or	8883
duties of a township under any other chapter of the Revised Code	8884
pertaining to agriculture or the conservation or development of	8885
natural resources;	8886

(6) Establish regulations affecting hunting, trapping,	8887
fishing, or the possession, use, or sale of firearms;	8888

(7) Establish or revise water or sewer regulations, except	8889
in accordance with sections 504.18 and 504.19 of the Revised Code.	8890

Nothing in this chapter shall be construed as affecting the	8891
powers of counties with regard to the subjects listed in divisions	8892
(B)(3) to (5) of this section.	8893

(C) Under a limited home rule government, all officers shall	8894
have the qualifications, and be nominated, elected, or appointed,	8895
as provided in Chapter 505. of the Revised Code, except that the	8896
board of township trustees shall appoint a full-time or part-time	8897
law director pursuant to section 504.15 of the Revised Code, and	8898
except that section 504.21 of the Revised Code also shall apply if	8899
a five-member board of township trustees is approved for the	8900
township.	8901

(D) In case of conflict between resolutions enacted by a	8902
board of township trustees and municipal ordinances or	8903
resolutions, the ordinance or resolution enacted by the municipal	8904
corporation prevails. In case of conflict between resolutions	8905
enacted by a board of township trustees and any county resolution,	8906
the resolution enacted by the board of township trustees prevails.	8907

Sec. 504.21. (A) By a unanimous vote, the board of township	8908
trustees of a limited home rule township may pass a resolution to	8909
place on the ballot at the next general election described in this	8910
division the question of whether the board should be converted	8911
to a five-member board. Upon passage of the resolution, the	8912
question shall be voted upon at the next general election	8913
occurring at least seventy-five days after the board certifies	8914
the resolution to the board of elections.	8915

(B) If a majority of the votes cast on the question of	8916
converting the board of township trustees to a five-member board	8917
is in the affirmative, at the next election at which any members	8918
of the board are elected, two additional board members shall be	8919
elected, one for a four-year term of office and the other for a	8920
two-year term of office. Their successors thereafter shall be	8921
elected for four-year terms of office.	8922

(C) If a board of township trustees is converted to a	8923
five-member board, the board members shall be elected by	8924
determining which individuals receive the highest number of votes	8925
from a slate of candidates running for the office of township	8926
trustee. If the first election after a township converts its	8927
board of township trustees to a five-member board is an election	8928
for three four-year term members and one two-year term member, the	8929
three candidates who receive the highest number of votes from the	8930
slate of candidates for township trustee shall serve a four-year	8931
term and the candidate who receives the fourth highest number of	8932
votes from that slate of candidates shall serve a two-year term.	8933

Sec. 505.24.  Each township trustee is entitled to	8934
compensation as follows:	8935

(A) Except as otherwise provided in division (B) of this	8936
section, an amount for each day of service in the business of the	8937
township, to be paid from the township treasury as follows:	8938

(1) In townships having a budget of fifty thousand dollars	8939
or less, twenty dollars per day for not more than two hundred	8940
days;	8941

(2) In townships having a budget of more than fifty thousand	8942
but not more than one hundred thousand dollars, twenty-four	8943
dollars per day for not more than two hundred days;	8944

(3) In townships having a budget of more than one hundred	8945
thousand but not more than two hundred fifty thousand dollars,	8946
twenty-eight dollars and fifty cents per day for not more than two	8947
hundred days;	8948

(4) In townships having a budget of more than two hundred	8949
fifty thousand but not more than five hundred thousand dollars,	8950
thirty-three dollars per day for not more than two hundred days;	8951

(5) In townships having a budget of more than five hundred	8952
thousand but not more than seven hundred fifty thousand dollars,	8953
thirty-five dollars per day for not more than two hundred days;	8954

(6) In townships having a budget of more than seven hundred	8955
fifty thousand but not more than one million five hundred thousand	8956
dollars, forty dollars per day for not more than two hundred days;	8957

(7) In townships having a budget of more than one million	8958
five hundred thousand but not more than three million five hundred	8959
thousand dollars, forty-four dollars per day for not more than two	8960
hundred days;	8961

(8) In townships having a budget of more than three million	8962
five hundred thousand dollars but not more than six million	8963
dollars, forty-eight dollars per day for not more than two hundred	8964
days;	8965

(9) In townships having a budget of more than six million	8966
dollars, fifty-two dollars per day for not more than two hundred	8967
days.	8968

(B) Beginning in calendar year 1999, the amounts paid as	8969
specified in division (A) of this section shall be replaced by the	8970
following amounts:	8971

(1) In calendar year 1999, the amounts specified in division	8972
(A) of this section increased by three per cent;	8973

(2) In calendar year 2000, the amounts determined under	8974
division (B)(1) of this section increased by three per cent;	8975

(3) In calendar year 2001, the amounts determined under	8976
division (B)(2) of this section increased by three per cent;	8977

(4) In calendar year 2002, except in townships having a	8978
budget of more than six million dollars, the amounts determined	8979
under division (B)(3) of this section increased by three per cent;	8980
in townships having a budget of more than six million but not more	8981
than ten million dollars, seventy dollars per day for not more	8982
than two hundred days; and in townships having a budget of more	8983
than ten million dollars, ninety dollars per day for not more than	8984
two hundred days;	8985

(5) In calendar years 2003 through 2008, the amounts	8986
determined under division (B) of this section for the immediately	8987
preceding calendar year increased by the lesser of the following:	8988

(a) Three per cent;

8989

(b) The percentage increase, if any, in the consumer price	8990
index over the twelve-month period that ends on the thirtieth day	8991
of September of the immediately preceding calendar year, rounded	8992
to the nearest one-tenth of one per cent;	8993

(6) In calendar year 2009 and thereafter, the amount	8994
determined under division (B) of this section for calendar year	8995
2008.	8996

As used in division (B) of this section, "consumer price	8997
index" has the same meaning as in section 325.18 of the Revised	8998
Code.	8999

(C) Whenever members of a board of township trustees are	9000
compensated per diem and not by annual salary, the board shall	9001
establish, by resolution, a method by which each member of the	9002
board shall periodically notify the township clerk of the number	9003
of days spent in the service of the township and the kinds of	9004
services rendered on those days. The per diem compensation shall	9005
be paid from the township general fund or from other township	9006
funds in such proportions as the kinds of services performed may	9007
require. The notice shall be filed with the township clerk and	9008
preserved for inspection by any persons interested.	9009

By unanimous vote, a board of township trustees may adopt a	9010
method of compensation consisting of an annual salary to be paid	9011
in equal monthly payments. If the office of trustee is held by	9012
more than one person during any calendar year, each person holding	9013
the office shall receive payments for only those months, and any	9014
fractions of those months, during which the person holds the	9015
office. The amount of the annual salary approved by the board	9016
shall be no more than the maximum amount that could be received	9017
annually by a trustee if the trustee were paid on a per diem basis	9018
as specified in this division, and shall be paid from the township	9019
general fund or from other township funds in such proportions as	9020
the board may specify by resolution. A board of township trustees	9021
that has adopted a salary method of compensation may return to a	9022
method of compensation on a per diem basis as specified in this	9023
division by a majority vote. Any change in the method of	9024
compensation shall be effective on the first day of January of the	9025
year following the year during which the board has voted to change	9026
the method of compensation.	9027

Sec. 507.09.  (A) Except as otherwise provided in division	9028
(D) of this section, the township clerk shall be entitled to	9029
compensation as follows:	9030

(1) In townships having a budget of fifty thousand dollars	9031
or less, three thousand five hundred dollars;	9032

(2) In townships having a budget of more than fifty thousand	9033
but not more than one hundred thousand dollars, five thousand five	9034
hundred dollars;	9035

(3) In townships having a budget of more than one hundred	9036
thousand but not more than two hundred fifty thousand dollars,	9037
seven thousand seven hundred dollars;	9038

(4) In townships having a budget of more than two hundred	9039
fifty thousand but not more than five hundred thousand dollars,	9040
nine thousand nine hundred dollars;	9041

(5) In townships having a budget of more than five hundred	9042
thousand but not more than seven hundred fifty thousand dollars,	9043
eleven thousand dollars;	9044

(6) In townships having a budget of more than seven hundred	9045
fifty thousand but not more than one million five hundred thousand	9046
dollars, thirteen thousand two hundred dollars;	9047

(7) In townships having a budget of more than one million	9048
five hundred thousand but not more than three million five hundred	9049
thousand dollars, fifteen thousand four hundred dollars;	9050

(8) In townships having a budget of more than three million	9051
five hundred thousand dollars but not more than six million	9052
dollars, sixteen thousand five hundred dollars;	9053

(9) In townships having a budget of more than six million	9054
dollars, seventeen thousand six hundred dollars.	9055

(B) Any township clerk may elect to receive less than the	9056
compensation the clerk is entitled to under division (A) of this	9057
section. Any clerk electing to do this shall so notify the board	9058
of township trustees in writing, and the board shall include this	9059
notice in the minutes of its next board meeting.	9060

(C) The compensation of the township clerk shall be paid in	9061
equal monthly payments. If the office of clerk is held by more	9062
than one person during any calendar year, each person holding the	9063
office shall receive payments for only those months, and any	9064
fractions of those months, during which the person holds the	9065
office.	9066

(D) Beginning in calendar year 1999, the township clerk	9067
shall be entitled to compensation as follows:	9068

(1) In calendar year 1999, the compensation specified in	9069
division (A) of this section increased by three per cent;	9070

(2) In calendar year 2000, the compensation determined under	9071
division (D)(1) of this section increased by three per cent;	9072

(3) In calendar year 2001, the compensation determined under	9073
division (D)(2) of this section increased by three per cent;	9074

(4) In calendar year 2002, except in townships having a	9075
budget of more than six million dollars, the compensation	9076
determined under division (D)(3) of this section increased by	9077
three per cent; in townships having a budget of more than six	9078
million but not more than ten million dollars, nineteen thousand	9079
eight hundred ten dollars; and in townships having a budget of	9080
more than ten million dollars, twenty thousand nine hundred	9081
dollars;	9082

(5) In calendar years 2003 through 2008, the compensation	9083
determined under division (D) of this section for the immediately	9084
preceding calendar year increased by the lesser of the following:	9085

(a) Three per cent;

9086

(b) The percentage increase, if any, in the consumer price	9087
index over the twelve-month period that ends on the thirtieth day	9088
of September of the immediately preceding calendar year, rounded	9089
to the nearest one-tenth of one per cent;	9090

(6) In calendar year 2009 and thereafter, the amount	9091
determined under division (D) of this section for calendar year	9092
2008.	9093

As used in this division, "consumer price index" has the same	9094
meaning as in section 325.18 of the Revised Code.	9095

Sec. 737.03.  The director of public safety shall manage, and	9096
make all contracts with reference to the police stations, fire	9097
houses, reform schools, infirmaries, hospitals, workhouses, farms,	9098
pesthouses, and all other charitable and reformatory institutions.	9099
In the control and supervision of such those institutions, the	9100
director shall be governed by the provisions of Title VII of the	9101
Revised Code relating to such those institutions.	9102

Such The director may make all contracts and expenditures of	9103
money for acquiring lands for the erection or repairing of station	9104
houses, police stations, fire department buildings, fire cisterns,	9105
and plugs, that are required, for the purchase of engines,	9106
apparatus, and all other supplies necessary for the police and	9107
fire departments, and for other undertakings and departments under	9108
his the director's supervision, but no obligation involving an	9109
expenditure of more than ten fifteen thousand dollars shall be	9110
created unless first authorized and directed by ordinance. In	9111
making, altering, or modifying such those contracts, the director	9112
shall be governed by sections 735.05 to 735.09 of the Revised	9113
Code, except that all bids shall be filed with and opened by such	9114
the director. He The director shall make no sale or disposition of	9115
any property belonging to the city without first being authorized	9116
by resolution or ordinance of the city legislative authority.	9117

Sec. 901.43.  (A) The director of agriculture may authorize	9118
any department of agriculture laboratory to perform a laboratory	9119
service for any person, organization, political subdivision, state	9120
agency, federal agency, or other entity, whether public or	9121
private. The director shall adopt and enforce rules to provide	9122
for the rendering of a laboratory service.	9123

(B) The director may charge a reasonable fee for the	9124
performance of a laboratory service, except when the service is	9125
performed on an official sample taken by the director acting	9126
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	9127
Revised Code; by a board of health acting as the licensor of	9128
retail food establishments or food service operations under	9129
Chapter 3717. of the Revised Code; or by the director of health	9130
acting as the licensor of food service operations under Chapter	9131
3717. of the Revised Code. The director of agriculture shall	9132
adopt rules specifying what constitutes an official sample.	9133

The director shall publish a list of laboratory services	9134
offered, together with the fee for each service.	9135

(C) The director may enter into a contract with any person,	9136
organization, political subdivision, state agency, federal agency,	9137
or other entity for the provision of a laboratory service.	9138

(D)(1) The director may adopt rules establishing standards	9139
for accreditation of laboratories and laboratory services and in	9140
doing so may adopt by reference existing or recognized standards	9141
or practices.	9142

(2) The director may inspect and accredit laboratories and	9143
laboratory services, and may charge a reasonable fee for the	9144
inspections and accreditation.	9145

(E)(1) All moneys collected by the director under this	9146
section that are from fees generated by a laboratory service	9147
performed by the department and related to the diseases of	9148
animals, and all moneys so collected that are from fees generated	9149
for the inspection and accreditation of laboratories and	9150
laboratory services related to the diseases of animals, shall be	9151
deposited in the animal industry laboratory fund, which is hereby	9152
created in the state treasury. The director shall use the moneys	9153
in the animal industry laboratory fund to pay the expenses	9154
necessary to operate the animal industry laboratory, including the	9155
purchase of supplies and equipment for the laboratory that	9156
provides laboratory services related to the diseases of animals.	9157

(2) All moneys collected by the director under this section	9158
that are from fees generated by a laboratory service performed by	9159
the consumer analytical laboratory, and all moneys so collected	9160
that are from fees generated for the inspection and accreditation	9161
of laboratories and laboratory services not related to weights and	9162
measures or the diseases of animals, shall be deposited in the	9163
laboratory services fund, which is hereby created in the state	9164
treasury. The moneys held in the fund may be used to pay the	9165
expenses necessary to operate the consumer analytical laboratory,	9166
including the purchase of supplies and equipment.	9167

(3) All moneys collected by the director under this section	9168
that are from fees generated by a laboratory service performed by	9169
the weights and measures laboratory, and all moneys so collected	9170
that are from fees generated for the inspection and accreditation	9171
of laboratories and laboratory services related to weights and	9172
measures, shall be deposited in the weights and measures	9173
laboratory fund, which is hereby created in the state treasury.	9174
The moneys held in the fund may be used to pay the expenses	9175
necessary to operate the division of weights and measures,	9176
including the purchase of supplies and equipment.	9177

Sec. 901.63.  (A) The agricultural financing commission	9178
shall do both of the following until July 1, 2001 2003:	9179

(1) Make recommendations to the director of agriculture	9180
about financial assistance applications made pursuant to sections	9181
901.80 to 901.83 of the Revised Code. In making its	9182
recommendations, the commission shall utilize criteria established	9183
by rules adopted under division (A)(8)(b) of section 901.82 of the	9184
Revised Code.	9185

(2) Advise the director in the administration of sections	9186
901.80 to 901.83 of the Revised Code.	9187

With respect to sections 901.80 to 901.83 of the Revised	9188
Code, the role of the commission is solely advisory. No officer,	9189
member, or employee of the commission is liable for damages in a	9190
civil action for any injury, death, or loss to person or property	9191
that allegedly arises out of purchasing any loan or providing a	9192
loan guarantee, failure to purchase a loan or provide a loan	9193
guarantee, or failure to take action under sections 901.80 to	9194
901.83 of the Revised Code, or that allegedly arises out of any	9195
act or omission of the department of agriculture that involves	9196
those sections.	9197

(B) The commission may:

9198

(1) Adopt bylaws for the conduct of its business;

9199

(2) Exercise all rights, powers, and duties conferred on the	9200
commission as an issuer under Chapter 902. of the Revised Code;	9201

(3) Contract with, retain, or designate financial	9202
consultants, accountants, and such other consultants and	9203
independent contractors as the commission may determine to be	9204
necessary or appropriate to carry out the purposes of this chapter	9205
and to fix the terms of those contracts;	9206

(4) Undertake and carry out or authorize the completion of	9207
studies and analyses of agricultural conditions and needs within	9208
the state relevant to the purpose of this chapter to the extent	9209
not otherwise undertaken by other departments or agencies of the	9210
state satisfactory for such that purpose;	9211

(5) Acquire by gift, purchase, foreclosure, or other means,	9212
and hold, assign, pledge, lease, transfer, or otherwise dispose	9213
of, real and personal property, or any interest in that real and	9214
personal property, in the exercise of its powers and the	9215
performance of its duties under this chapter and Chapter 902. of	9216
the Revised Code;	9217

(6) Receive and accept gifts, grants, loans, or any other	9218
financial or other form of aid from any federal, state, local, or	9219
private agency or fund and enter into any contract with any such	9220
agency or fund in connection therewith, and receive and accept aid	9221
or contributions from any other source of money, property, labor,	9222
or things of value, to be held, used, and applied only for the	9223
purposes for which such the grants and contributions are made, all	9224
within the purposes of this chapter and Chapter 902. of the	9225
Revised Code;	9226

(7) Sue and be sued in its own name with respect to its	9227
contracts or to enforce this chapter or its obligations or	9228
covenants made under this chapter and Chapter 902. of the Revised	9229
Code;	9230

(8) Make and enter into all contracts, commitments, and	9231
agreements, and execute all instruments necessary or incidental to	9232
the performance of its duties and the execution of its powers	9233
under this chapter and Chapter 902. of the Revised Code;	9234

(9) Adopt an official seal;

9235

(10) Do any and all things necessary or appropriate to carry	9236
out the public purposes and exercise the powers granted to the	9237
commission in this chapter and Chapter 902. of the Revised Code	9238
and the public purposes of Section 13 of Article VIII, Ohio	9239
Constitution.	9240

Any instrument by which real property is acquired pursuant to	9241
this section shall identify the agency of the state that has the	9242
use and benefit of the real property as specified in section	9243
5301.012 of the Revised Code.	9244

Sec. 901.81.  (A) As used in this section and sections	9245
901.82 and 901.83 of the Revised Code:	9246

(1) "Financial institution" means any banking corporation;	9247
trust company; savings and loan association; building and loan	9248
association; or corporation, partnership, or other institution	9249
that is engaged in lending or investing funds for agricultural or	9250
other business purposes and that is eligible to become a	9251
depository for public moneys under section 135.03 of the Revised	9252
Code.	9253

(2) "Eligible applicant" means a person who has made all of	9254
the demonstrations enumerated in division (B) of section 901.82 of	9255
the Revised Code.	9256

(B) A financial institution that wishes to participate in	9257
the program established under section 901.80 of the Revised Code	9258
shall accept and review applications for loans from eligible	9259
applicants. Forms and procedures involved in the application	9260
process shall comply with rules adopted under division (A)(8)(a)	9261
of section 901.82 of the Revised Code. The financial institution	9262
shall apply all usual lending standards to determine the	9263
creditworthiness of each eligible applicant, including whether the	9264
eligible applicant has the ability to repay the loan and whether	9265
adequate security exists for the loan.	9266

The financial institution shall forward to the department of	9267
development agriculture the completed loan application of an	9268
eligible applicant whom the financial institution has determined	9269
to be creditworthy, along with the farm business plan and	9270
management strategy required by division (A)(5) of section 901.82	9271
of the Revised Code, and any other information required by rules	9272
adopted under division (A)(8) of section 901.82 of the Revised	9273
Code. If a loan guarantee is involved, the financial institution	9274
also shall forward a request by the financial institution to enter	9275
into a contract of guarantee described in section 901.83 of the	9276
Revised Code.	9277

The department of development shall proceed with the loan	9278
application in accordance with division (A)(12) of section 122.011	9279
901.82 of the Revised Code.	9280

Sec. 901.82.  (A) In administering the program established	9281
under section 901.80 of the Revised Code, the director of	9282
agriculture shall do all of the following:	9283

(1) Receive, review, analyze, and summarize applications for	9284
financial assistance forwarded to the director by the department	9285
of development, a financial institution under section 901.81 of	9286
the Revised Code and, after processing, forward them to the	9287
agricultural financing commission together with necessary	9288
supporting information;	9289

(2) Receive the recommendations of the commission made under	9290
division (A)(1) of section 901.63 of the Revised Code and make a	9291
final determination whether to approve the an application for	9292
financial assistance;	9293

(3) Transmit the director's determinations to approve	9294
assistance to the controlling board together with any information	9295
the controlling board requires for its review and its decision	9296
whether to approve the release of money for the financial	9297
assistance;	9298

(4) Work in conjunction with financial institutions and	9299
other private and public financing sources to purchase loans from	9300
financial institutions or provide loan guarantees to eligible	9301
applicants;	9302

(5) Require each applicant to provide a farm business plan,	9303
including an overview of the type of agricultural operation the	9304
applicant anticipates conducting, and a management strategy for	9305
the project;	9306

(6) Inform agricultural organizations and others in the	9307
state of the existence of the program established under section	9308
901.80 of the Revised Code and of the financial assistance	9309
available under the program;	9310

(7) Report to the governor, president of the senate, speaker	9311
of the house of representatives, and minority leaders of the	9312
senate and the house of representatives by the thirtieth day of	9313
June of each year on the activities carried out under the program	9314
during the preceding calendar year. The report shall include the	9315
number of loans purchased or loan guarantees made that year, the	9316
amount of each such loan or loan guarantee, the county in which	9317
the loan recipient's farm is located, and whatever other	9318
information the director determines is relevant to include.	9319

(8) Adopt rules in accordance with Chapter 119. of the	9320
Revised Code establishing all of the following with regard to the	9321
program:	9322

(a) Forms and procedures by which eligible applicants may	9323
apply for financial assistance;	9324

(b) Criteria for reviewing, evaluating, and ranking	9325
applications, and for approving applications that best serve the	9326
goals of the program;	9327

(c) Reporting requirements and monitoring procedures;

9328

(d) Interest rates, payment schedules, loan transfer	9329
provisions, penalties, including penalties for the conversion of	9330
land devoted exclusively to agricultural use as defined in section	9331
5713.30 of the Revised Code, and other terms and conditions for	9332
loans purchased and loan guarantees provided under the program;	9333

(e) Criteria for determining whether the location at which	9334
the applicant proposes to use financial assistance provided under	9335
the program is in an area in which agriculture is the primary land	9336
use at the time the application is made and whether the land at	9337
that location reasonably may not be expected to be converted to a	9338
nonagricultural use during the period of time that the applicant's	9339
obligation to repay the loan remains outstanding;	9340

(f) Any other rules necessary to implement and administer	9341
the program.	9342

(B) In order to be eligible for financial assistance under	9343
section 901.80 of the Revised Code, an applicant shall demonstrate	9344
all of the following:	9345

(1) That the applicant is domiciled in this state;

9346

(2) That the applicant is unable to obtain sufficient	9347
financing from commercial or agricultural lending sources;	9348

(3) That the applicant has the ability to repay the loan,	9349
primarily from the cash flow of the proposed farming operation,	9350
and that there is adequate security for the loan;	9351

(4) That the applicant has sufficient education, training,	9352
or experience in the type of farming for which the applicant	9353
requests the financial assistance;	9354

(5) That there are no zoning restrictions, environmental	9355
regulations, or other impairments to the use of the land for the	9356
purpose intended;	9357

(6) That the location at which the applicant proposes to use	9358
the financial assistance is in an area in which agriculture is the	9359
primary land use at the time the application is made and that the	9360
land at that location reasonably may not be expected to be	9361
converted to a nonagricultural use during the period of time that	9362
the applicant's obligation to repay the financial assistance	9363
remains outstanding. In demonstrating the information required	9364
under division (B)(5)(6) of this section, the applicant shall	9365
utilize criteria established in rules adopted under division	9366
(A)(8)(e) of this section.	9367

Sec. 917.07.  The dairy industry fund is hereby created in	9368
the state treasury. All inspection fees and license fees	9369
collected under this chapter shall be deposited into the fund.	9370

The dairy fund is hereby created in the state treasury. All	9371
together with all fine moneys received by the treasurer of state	9372
pursuant to division (E)(F) of section 917.99 of the Revised Code	9373
and any other moneys collected under this chapter, except for	9374
inspection fees and license fees, shall be deposited into the	9375
fund.	9376

Moneys credited to the dairy industry fund and the dairy fund	9377
shall be used to operate and pay expenses of the division of dairy	9378
in the department of agriculture.	9379

Sec. 917.99.  (A) Whoever violates division (C) of section	9380
917.09 of the Revised Code is guilty of a misdemeanor of the	9381
second degree on a first offense and a misdemeanor of the first	9382
degree on each subsequent offense.	9383

(B) Whoever violates section 917.13 or 917.14 of the Revised	9384
Code is guilty of a misdemeanor of the first degree on a first	9385
offense, a felony of the fifth degree on a second offense, and a	9386
felony of the fourth degree on each subsequent offense.	9387

(C) Whoever violates division (A), (B), (C), (D), or (G) of	9388
section 917.05 of the Revised Code is guilty of a misdemeanor of	9389
the fourth degree.	9390

(D) Whoever violates division (E) or (F) of section 917.05	9391
of the Revised Code is guilty of a misdemeanor of the second	9392
degree on a first offense and a misdemeanor of the first degree on	9393
each subsequent offense.	9394

(E) Each day of violation of a provision described in	9395
divisions (A) to (D) of this section constitutes a separate	9396
offense.	9397

(F) The court imposing a fine under divisions (A) to (D) of	9398
this section shall order that not less than fifty per cent of the	9399
fine be disbursed to the treasurer of state for deposit into the	9400
dairy industry fund created in section 917.07 of the Revised Code.	9401
Subject to that minimum percentage, the court's order shall	9402
specify the percentage of the fine that the clerk of the court	9403
shall disburse to the treasurer of state. The clerk of the court	9404
shall disburse the remainder of the fine to the county treasurer.	9405

Sec. 1309.40.  (A) Presentation for filing of a financing	9406
statement, tender of the filing fee, and acceptance of the	9407
statement by the filing officer constitute filing under sections	9408
1309.01 to 1309.50 of the Revised Code.	9409

(B)(1) Except as provided in divisions (B)(2) and (F) of	9410
this section, a filed financing statement is effective for a	9411
period of five years from the date of filing. The effectiveness	9412
of a filed financing statement lapses on the expiration of the	9413
five-year period unless a continuation statement is filed prior to	9414
the lapse. If a security interest perfected by filing exists at	9415
the time insolvency proceedings are commenced by or against the	9416
debtor, the security interest remains perfected until termination	9417
of the insolvency proceedings and thereafter for a period of sixty	9418
days or until expiration of the five-year period, whichever occurs	9419
later. Upon lapse the security interest becomes unperfected,	9420
unless it is perfected without filing. If the security interest	9421
becomes unperfected upon lapse, it is deemed to have been	9422
unperfected as against a person who became a purchaser or lien	9423
creditor before lapse.	9424

(2) A filed financing statement that states that it relates	9425
to an obligation secured by both (a) a mortgage upon real estate	9426
filed for record within this state and (b) a security interest in	9427
collateral, whether or not such collateral includes or consists of	9428
goods which are or are to become fixtures situated upon such real	9429
estate, shall, if such financing statement states a maturity date	9430
of such obligation, or the final installment thereof, of more than	9431
five years, be fully effective until the maturity date set forth	9432
therein. Such financing statement shall also contain a reference	9433
to the recorder's file number of the mortgage upon real estate or	9434
to the volume and page of the mortgage record in which such	9435
mortgage is recorded.	9436

(C) A continuation statement may be filed by the secured	9437
party within six months prior to the expiration of the five-year	9438
period specified in division (B)(1) of this section, or within six	9439
months prior to the stated maturity date referred to in division	9440
(B)(2) of this section. A continuation statement shall be filed	9441
on a form prescribed by the secretary of state. A continuation	9442
statement filed in the office of the county recorder shall also	9443
comply with Chapter 317. of the Revised Code. The continuation	9444
statement must be signed by the secured party, identify the	9445
original statement by file number, and state that the original	9446
statement is still effective. A continuation statement signed by	9447
a person other than the secured party of record must be	9448
accompanied by a separate written statement of assignment signed	9449
by the secured party of record and complying with division (B) of	9450
section 1309.42 of the Revised Code, including payment of the	9451
required fee. Upon timely filing of the continuation statement,	9452
the effectiveness of the original statement is continued for five	9453
years after the last date to which the filing was effective	9454
whereupon it lapses in the same manner as provided in division (B)	9455
of this section unless another continuation statement is filed	9456
prior to such lapse. Succeeding continuation statements may be	9457
filed in the same manner to continue the effectiveness of the	9458
original statement. The filing officer may remove a lapsed	9459
statement from the files and destroy it immediately if the filing	9460
officer has retained a microfilm or other photographic record, or	9461
in other cases one year after the lapse. The filing officer shall	9462
so arrange matters by physical annexation of financing statements	9463
to continuation statements or other related filings, or by other	9464
means, that if the filing officer physically destroys the	9465
financing statements of a period more than five years past, those	9466
which have been continued by a continuation statement or which are	9467
still effective under division (B)(2) or (F) of this section shall	9468
be retained.	9469

(D) Except as provided in division (G) of this section, a	9470
filing officer shall assign each statement a consecutive file	9471
number and shall hold the statement or a microfilm or other	9472
photographic or digitized copy thereof for public inspection. In	9473
addition, the filing officer shall index the statements according	9474
to the name of the debtor and shall note in the index the file	9475
number, the date and hour of filing, and the address of the debtor	9476
given in the statement. In addition to the indexing required in	9477
the previous sentence, statements covering crops growing or to be	9478
grown or timber to be cut or minerals or the like, including oil	9479
and gas, or accounts subject to division (E) of section 1309.03 of	9480
the Revised Code, or a financing statement filed as a fixture	9481
filing pursuant to section 1309.32 of the Revised Code shall also	9482
be indexed in the real estate mortgage records by the filing	9483
officer according to the name of the debtor or, if the financing	9484
statement shows the record owner or record lessee to be other than	9485
the debtor, then according to the name of the record owner or	9486
record lessee given in the statement. The fee to be charged for	9487
indexing financing statements in the real estate mortgage records	9488
shall be two dollars for each record owner or lessee listed in the	9489
statement, as provided in division (E) of section 317.32 of the	9490
Revised Code.	9491

(E) The fee for filing, indexing, and furnishing filing data	9492
for an original, amended, or a continuation statement on a form	9493
that is prescribed by the secretary of state shall be nine twelve	9494
dollars. The fee for filing, indexing, and furnishing filing data	9495
for an original, amended, or a continuation statement on a form	9496
that is not prescribed by the secretary of state and that is filed	9497
in the office of the county recorder shall be eleven dollars.	9498

(F) If the debtor is a transmitting utility and a filed	9499
financing statement so states, it is effective until a termination	9500
statement is filed. A real estate mortgage that is effective as a	9501
fixture filing under division (E) of section 1309.39 of the	9502
Revised Code remains effective as a fixture filing until the	9503
mortgage is released or satisfied of record or its effectiveness	9504
otherwise terminates as to the real estate.	9505

(G) If the person filing any original or amended financing	9506
statement, termination statement, statement of assignment, or	9507
statement of release requests a copy thereof, the filing officer	9508
shall note upon the copy the file number and date and hour of the	9509
filing of the original and deliver or send the copy to such	9510
person.	9511

(H)(1) Upon request of any person, the filing officer shall	9512
issue a certificate showing whether there is on file on the date	9513
and hour stated therein in the certificate, any presently	9514
effective financing statement naming a particular debtor, owner,	9515
or lessee, and any statement of assignment thereof of the	9516
financing statement, and, if there is, giving the date and hour of	9517
filing of each such statement and the names and addresses of each	9518
secured party therein in each such statement. The fee for such a	9519
certificate shall be nine twenty dollars plus one dollar for each	9520
financing statement and for each statement of assignment reported	9521
therein. Upon	9522

(2) Upon request, the a county recorder who is a filing	9523
officer shall furnish to any person a copy of any filed financing	9524
statement or naming a particular debtor, owner, or lessee and any	9525
filed statement of assignment of the financing statement. When	9526
such a request for copies is made in the office of the county	9527
recorder, the county recorder shall charge a fee of one dollar per	9528
page. When a request for copies is made in the office of the	9529
secretary of state, the fee shall not exceed one dollar per page.	9530

(3) Any person may request from the secretary of state a	9531
copy of any financing statement naming a particular debtor, owner,	9532
or lessee, and of any statement of assignment of the financing	9533
statement, that is on file with the secretary of state. The	9534
request shall be made in writing to the secretary of state, and	9535
the secretary of state shall charge and collect a fee of five	9536
dollars for each copy requested.	9537

Sec. 1309.401.  Through June 30, 2001, four dollars and fifty	9538
cents, and, on and after July 1, 2001, four dollars, of each fee	9539
collected by the secretary of state under sections 1309.42 and	9540
1309.43 and divisions (E) and (H) of section 1309.40 of the	9541
Revised Code, and all of the fees collected by the secretary of	9542
state under section 1309.402 (A) All fees collected by the	9543
secretary of state for filings under Title XIII or XVII of the	9544
Revised Code, shall be deposited in into the state treasury to the	9545
credit of the corporate and uniform commercial code filing fund,	9546
which is hereby created. The remainder of each such fee shall be	9547
deposited in the general revenue fund. All moneys credited to the	9548
corporate and uniform commercial code filing fund, subject to	9549
division (B) of this section, shall be used only for the purpose	9550
of paying for the operations of the office of the secretary of	9551
state, other than the division of elections, and for the purpose	9552
of paying for expenses relating to the processing of filings under	9553
Title XIII or XVII and Chapter 1329. of the Revised Code and the	9554
uniform commercial code.	9555

(B) The secretary of state business technology fund is	9556
hereby created in the state treasury. One per cent of the money	9557
credited to the corporate and uniform commercial code filing fund	9558
shall be transferred to the credit of this fund. All moneys	9559
credited to this fund shall be used only for the upkeep,	9560
improvement, or replacement of equipment, or for the purpose of	9561
training employees in the use of equipment, used to conduct	9562
business of the secretary of state's office under Title XIII or	9563
XVII of the Revised Code.	9564

Sec. 1309.402.  The fee for expedited filing service by the	9565
secretary of state for any filing under this chapter is ten	9566
dollars in addition to shall be the fee set by rule under division	9567
(A) of section 111.23 of the Revised Code plus the fee the	9568
secretary of state is otherwise required to collect for the filing	9569
under this chapter.	9570

Sec. 1309.42.  (A) A financing statement may disclose an	9571
assignment of a security interest in the collateral described in	9572
the financing statement by indication in the financing statement	9573
of the name and address of the assignee or by an assignment itself	9574
or a copy thereof on the face or back of the statement. On	9575
presentation to the filing officer of such a financing statement,	9576
the filing officer shall proceed as provided in division (D) of	9577
section 1309.40 of the Revised Code. The fee for filing,	9578
indexing, and furnishing filing data for a financing statement so	9579
indicating an assignment shall be nine twelve dollars.	9580

(B) A secured party may assign of record all or a part of	9581
the secured party's rights under a financing statement by the	9582
filing in the place where the original financing statement was	9583
filed of a separate written statement of assignment. The	9584
statement of assignment shall be on a form prescribed by the	9585
secretary of state, shall be signed by the secured party of	9586
record, shall set forth the name of the secured party of record	9587
and the debtor, the file number and the date of filing of the	9588
financing statement, and the name and address of the assignee, and	9589
shall contain a description of the collateral assigned. A	9590
statement of assignment filed in the office of the county recorder	9591
shall also comply with Chapter 317. of the Revised Code. On	9592
presentation to the filing officer of a separate statement of	9593
assignment, the filing officer shall mark the separate statement	9594
with the date and hour of filing. The filing officer shall note	9595
the assignment on the index of the financing statement, or in the	9596
case of a fixture filing, or a filing covering crops growing or to	9597
be grown or timber to be cut, or covering minerals or the like,	9598
including oil and gas, or accounts subject to division (E) of	9599
section 1309.03 of the Revised Code, the filing officer shall	9600
index the assignment under the name of the assignor as grantor	9601
and, to the extent that the law of this state provides for	9602
indexing the assignment of a mortgage under the name of the	9603
assignee, the filing officer shall index the assignment of the	9604
financing statement under the name of the assignee. The fee for	9605
filing, indexing, and furnishing filing data about such a separate	9606
statement of assignment shall be nine twelve dollars if on a form	9607
prescribed by the secretary of state. The fee for filing,	9608
indexing, and furnishing filing data about such a separate	9609
statement of assignment on a form that is not prescribed by the	9610
secretary of state and that is filed in the office of the county	9611
recorder shall be eleven dollars. Notwithstanding the provisions	9612
of this division, an assignment of record of a security interest	9613
in a fixture contained in a mortgage effective as a fixture filing	9614
pursuant to division (E) of section 1309.39 of the Revised Code	9615
may be made only by an assignment of the mortgage in the manner	9616
provided by the law of this state other than sections 1309.01 to	9617
1309.50 of the Revised Code.	9618

(C) After the disclosure or filing of an assignment under	9619
this section, the assignee is the secured party of record.	9620

Sec. 1309.525.  (A) Except as provided in division (C) of	9621
this section, the fee for filing and indexing a record under	9622
sections 1309.501 to 1309.527 of the Revised Code is twelve	9623
dollars.	9624

(B) The fee for responding to a request for information from	9625
the filing office, including for communicating whether there is on	9626
file any financing statement naming a particular debtor is:	9627

(1) Twenty dollars if the request is communicated in writing;

9628

(2) Twenty dollars if the request is communicated by another	9629
medium authorized by the filing office rule.	9630

However, the fee otherwise required under division (B) of	9631
this section is five dollars if the request is limited to	9632
communicating only whether there is on file any financing	9633
statement naming a particular debtor and the name of the secured	9634
party or record relating thereto. Division (B) of this section	9635
does not require that a fee be charged for remote access searching	9636
of the filing office data base.	9637

(C) This section does not require a fee with respect to a	9638
record of a mortgage that is effective as a financing statement	9639
filed as a fixture filing or as a financing statement covering	9640
as-extracted collateral or timber to be cut under division (C) of	9641
section 1309.502 of the Revised Code. However, the recording and	9642
satisfaction fees that otherwise would be applicable to the record	9643
of the mortgage apply.	9644

Sec. 1329.01.  (A) As used in sections 1329.01 to 1329.10 of	9645
the Revised Code:	9646

(1) "Trade name" means a name used in business or trade to	9647
designate the business of the user and to which the user asserts a	9648
right to exclusive use.	9649

(2) "Fictitious name" means a name used in business or trade	9650
that is fictitious and that the user has not registered or is not	9651
entitled to register as a trade name. It does not include the	9652
name of record of any domestic corporation that is formed under	9653
Chapter 1701. or 1702. of the Revised Code, any foreign	9654
corporation that is registered pursuant to Chapter 1703. of the	9655
Revised Code, any domestic or foreign limited liability company	9656
that is formed under or registered pursuant to Chapter 1705. of	9657
the Revised Code, any domestic or foreign limited partnership that	9658
is formed under or registered pursuant to Chapter 1782. of the	9659
Revised Code, or any domestic or foreign limited liability	9660
partnership that is formed under or registered pursuant to Chapter	9661
1775. of the Revised Code.	9662

(3) "Person" includes any individual, general partnership,	9663
limited partnership, limited liability partnership, corporation,	9664
association, professional association, limited liability company,	9665
society, foundation, federation, or organization formed under the	9666
laws of this state or any other state.	9667

(B) Subject to sections 1329.01 to 1329.10 of the Revised	9668
Code, any person may register with the secretary of state, on a	9669
form prescribed by the secretary of state, any trade name under	9670
which the person is operating, setting forth all of the following:	9671

(1) The name and business address of the applicant for	9672
registration and any of the following that is applicable:	9673

(a) If the applicant is a general partnership, the names and	9674
residence addresses of all of the partners;	9675

(b) If the applicant is a limited partnership existing prior	9676
to July 1, 1994, that has not registered with the secretary of	9677
state pursuant to Chapter 1782. of the Revised Code, the name of	9678
the Ohio county in which its certificate of limited partnership or	9679
application for registration as a foreign limited partnership is	9680
filed;	9681

(c) If the applicant is a limited partnership to which	9682
division (B)(1)(b) of this section does not apply or is a	9683
corporation, professional association, limited liability company,	9684
or other entity, the form of the entity and the state under the	9685
laws of which it was formed.	9686

(2) The trade name to be registered;

9687

(3) The general nature of the business conducted by the	9688
applicant;	9689

(4) The length of time during which the trade name has been	9690
used by the applicant in business operations in this state.	9691

(C) The trade name application shall be signed by the	9692
applicant or by any authorized representative of the applicant.	9693

A single trade name may be registered upon each trade name	9694
application submitted under sections 1329.01 to 1329.10 of the	9695
Revised Code.	9696

The trade name application shall be accompanied by a filing	9697
fee of twenty fifty dollars, payable to the secretary of state.	9698

(D) Any person who does business under a fictitious name and	9699
who has not registered and does not wish to register the	9700
fictitious name as a trade name or who cannot do so because the	9701
name is not available for registration shall report the use of the	9702
fictitious name to the secretary of state, on a form prescribed by	9703
the secretary of state, setting forth all of the following:	9704

(1) The name and business address of the user and any of the	9705
following that is applicable:	9706

(a) If the user is a general partnership, the names and	9707
residence addresses of all the partners;	9708

(b) If the user is a limited partnership existing prior to	9709
July 1, 1994, that has not been registered with the secretary of	9710
state pursuant to Chapter 1782. of the Revised Code, the name of	9711
the Ohio county in which its certificate of limited partnership or	9712
application for registration as a foreign limited partnership is	9713
filed;	9714

(c) If the user is a limited partnership to which division	9715
(D)(1)(b) of this section does not apply or is a corporation,	9716
professional association, limited liability company, or other	9717
entity, the form of the entity and the state under whose laws it	9718
was formed.	9719

(2) The fictitious name being used;

9720

(3) The general nature of the business conducted by the	9721
user.	9722

(E) The report of use of a fictitious name shall be signed	9723
by the user or by any authorized representative of the user.	9724

A single fictitious name may be registered upon each	9725
fictitious name report submitted under sections 1329.01 to 1329.10	9726
of the Revised Code.	9727

The fictitious name report shall be accompanied by a filing	9728
fee of ten fifty dollars, payable to the secretary of state.	9729

A report under this division shall be made within thirty days	9730
after the date of the first use of the fictitious name.	9731

Sec. 1329.04.  Registration of a trade name or report of a	9732
fictitious name, under sections 1329.01 to 1329.10 of the Revised	9733
Code, shall be effective for a term of five years from the date of	9734
registration or report. Upon application filed within six months	9735
prior to the expiration of such term, on a form furnished by the	9736
secretary of state, the registration or report may be renewed at	9737
the end of each five-year period for a like term, provided that a	9738
general partnership shall renew its registration or report	9739
whenever there has been a change in the listing of partners on its	9740
registration or report and a limited partnership shall renew its	9741
registration or report when a change occurs in the listing of its	9742
general partners on its registration or report. Such a renewal	9743
shall extend the registration or report for five years, unless	9744
further changes occur in the interim. A The renewal fee specified	9745
in division (S)(3) of ten dollars section 111.16 of the Revised	9746
Code, payable to the secretary of state, shall accompany the	9747
application for renewal of the registration or report.	9748

The secretary of state shall notify persons who have	9749
registered trade names or reported fictitious names, within the	9750
six months next preceding the expiration of the five years from	9751
the date of registration or report, of the necessity of renewal by	9752
writing to the last known address of such persons.	9753

Sec. 1329.06.  Any trade name or fictitious name and its	9754
registration or report shall be assignable by an instrument in	9755
writing duly executed and may be recorded with the secretary of	9756
state upon the payment of a the fee specified in division (S)(4)	9757
of ten dollars section 111.16 of the Revised Code, payable to the	9758
secretary of state, who, recording the assignment, shall issue in	9759
the name of the assignee a new certificate for the remainder of	9760
the term of the registration or report or the last renewal	9761
thereof. The instrument shall be on a form prescribed by the	9762
secretary of state.	9763

Sec. 1329.07.  The registrant of any trade name or a person	9764
who reports a fictitious name shall record all changes of the	9765
registrant's business address by filing with the secretary of	9766
state a statement in writing, on a form prescribed by the	9767
secretary of state, setting forth the name previously registered	9768
or reported, the date of the registration or report, and the new	9769
address of the applicant. A The filing fee specified in division	9770
(S)(4) of three dollars section 111.16 of the Revised Code shall	9771
accompany such the statement.	9772

Sec. 1329.42.  A person who uses in this state a name, mark,	9773
or device to indicate ownership of articles or supplies may file	9774
in the office of the secretary of state, on a form to be	9775
prescribed by the secretary of state, a verified statement setting	9776
forth, but not limited to, the following information:	9777

(A) The name and business address of the person filing the	9778
statement; and, if a corporation, the state of incorporation;	9779

(B) The nature of the business of the applicant;

9780

(C) The type of articles or supplies in connection with	9781
which the name, mark, or device is used.	9782

The statement shall include or be accompanied by a specimen	9783
evidencing actual use of the name, mark, or device, together with	9784
a the filing fee specified in division (U)(1) of twenty dollars	9785
section 111.16 of the Revised Code. The registration of a name,	9786
mark, or device pursuant to this section is effective for a	9787
ten-year period beginning on the date of registration. If an	9788
application for renewal is filed within six months prior to the	9789
expiration of the ten-year period on a form prescribed by the	9790
secretary of state, the registration may be renewed at the end of	9791
each ten-year period for an additional ten-year period. A The	9792
renewal fee specified in division (U)(2) of ten dollars section	9793
111.16 of the Revised Code shall accompany the application for	9794
renewal. The secretary of state shall notify a registrant within	9795
the six months next preceding the expiration of ten years from the	9796
date of registration of the necessity of renewal by writing to the	9797
last known address of the registrant.	9798

Sec. 1329.421.  The registrant of a name, mark, or device	9799
used to indicate ownership shall record all changes of the	9800
registrant's business address by filing with the secretary of	9801
state a written statement, on a form prescribed by the secretary	9802
of state, of the new address. A The filing fee of three dollars	9803
specified in division (U)(2) of section 111.16 of the Revised Code	9804
shall accompany the statement.	9805

Sec. 1329.45.  The certificate of the filing of any name,	9806
mark, or device under sections 1329.41 to 1329.53 of the Revised	9807
Code and the benefits obtained thereunder under it shall be	9808
assignable with the sale of the articles or supplies on which the	9809
same are produced and used. Assignments shall be by instruments	9810
in writing duly executed and may be recorded upon the payment of a	9811
the fee specified in division (U)(2) of ten dollars section 111.16	9812
of the Revised Code, payable to the secretary of state, who, after	9813
recording the assignment, upon request of the assignee, may issue	9814
in the assignee's name a new certificate. The instrument shall be	9815
on a form prescribed by the secretary of state.	9816

Sec. 1329.56.  (A) Subject to the limitations set forth in	9817
sections 1329.54 to 1329.67 of the Revised Code, any person who	9818
adopts and uses a trademark or service mark in this state may file	9819
in the office of the secretary of state, on a form to be	9820
prescribed by the secretary of state, an application for	9821
registration of that trademark or service mark that sets forth,	9822
but is not limited to, the following information:	9823

(1) The name and business address of the person applying for	9824
the registration; if the person is a corporation, the state of its	9825
incorporation; if the person is a partnership or limited liability	9826
partnership, the state in which the partnership is organized and	9827
the names of the general partners; and, if the person is a limited	9828
liability company, the state of its organization;	9829

(2) The goods or services on or in connection with which the	9830
mark is used, the mode or manner in which the mark is used on or	9831
in connection with the goods or services, and the class in which	9832
the goods or services fall;	9833

(3) The date when the mark was first used anywhere and the	9834
date when it was first used in this state by the applicant or the	9835
applicant's predecessor in interest;	9836

(4) A statement that the applicant is the owner of the mark,	9837
that the mark is in use, and that, to the knowledge of the person	9838
verifying the application, no other person has the right to use	9839
the mark in the state either in the identical form of the mark, or	9840
in near resemblance to the mark, as to be likely, when used on or	9841
in connection with the goods or services of another person, to	9842
cause confusion or mistake or to deceive;	9843

(5) A statement that, to the knowledge of the person	9844
verifying the application, no other person has a registration or a	9845
pending intent to use application of the same or a confusingly	9846
similar mark in the United States patent and trademark office for	9847
the same or similar goods or services or a statement that the	9848
applicant is the owner of a concurrent registration in the United	9849
States patent and trademark office of the applicant's mark	9850
covering an area including this state.	9851

(B) The application shall be signed and verified by the	9852
applicant, by an authorized representative, or by an officer of	9853
the firm, limited liability company, limited liability	9854
partnership, general partnership, or limited partnership,	9855
corporation, union, association, or other organization that is the	9856
applicant.	9857

(C) The application shall be accompanied by a specimen of	9858
the mark as actually used and shall contain a brief description of	9859
the mark as it appears on the specimen.	9860

(D) The application shall be accompanied by a the filing fee	9861
specified in division (U)(1) of twenty dollars that is section	9862
111.16 of the Revised Code, payable to the secretary of state.	9863

Sec. 1329.58.  Registration of a trademark or service mark	9864
under sections 1329.54 to 1329.67 of the Revised Code shall be	9865
effective for a term of ten years from the date of registration.	9866
Upon the filing of an application within six months prior to the	9867
expiration of that term on a form furnished by the secretary of	9868
state, the registrant may renew the registration at the end of	9869
each ten-year period for a similar term. A The renewal fee	9870
specified in division (U)(2) of ten dollars that is section 111.16	9871
of the Revised Code, payable to the secretary of state, shall	9872
accompany the renewal application. The renewal application shall	9873
require the applicant to state that the mark still is in use in	9874
this state.	9875

Sec. 1329.60.  Any trademark or service mark and its	9876
registration shall be assignable with the good will of the	9877
business in which the trademark or service mark is used, or with	9878
that part of the good will of the business connected with the use	9879
of and symbolized by the trademark or service mark. Assignment	9880
shall be by instruments in writing duly executed and may be	9881
recorded with the secretary of state upon the payment of a the fee	9882
specified in division (U)(2) of ten dollars section 111.16 of the	9883
Revised Code, payable to the secretary of state, who, after	9884
recording the assignment, shall issue in the name of the assignee	9885
a new certificate for the remainder of the term of the	9886
registration or of the last renewal thereof. The instrument shall	9887
be on a form prescribed by the secretary of state. An assignment	9888
of any registration shall be void as against any subsequent	9889
purchaser for valuable consideration without notice unless it is	9890
recorded with the secretary of state within three months after the	9891
date thereof or prior to such subsequent purchase.	9892

Sec. 1329.601.  The registrant of a trademark or service mark	9893
shall record all changes of the registrant's business address by	9894
filing a written statement, on a form prescribed by the secretary	9895
of state, of the new address with the secretary of state. A The	9896
filing fee of three dollars specified in division (U)(2) of	9897
section 111.16 of the Revised Code shall accompany the statement.	9898

Sec. 1345.21.  As used in sections 1345.21 to 1345.28 of the	9899
Revised Code:	9900

(A) "Home solicitation sale" means a sale of consumer goods	9901
or services in which the seller or a person acting for the seller	9902
engages in a personal solicitation of the sale at a residence of	9903
the buyer, including solicitations in response to or following an	9904
invitation by the buyer, and the buyer's agreement or offer to	9905
purchase is there given to the seller or a person acting for the	9906
seller, or in which the buyer's agreement or offer to purchase is	9907
made at a place other than the seller's place of business. It	9908
does not include a transaction or transactions in which:	9909

(1) The total purchase price to be paid by the buyer,	9910
whether under single or multiple contracts, is less than	9911
twenty-five dollars;	9912

(2) The transaction was conducted and consummated entirely	9913
by mail or by telephone if initiated by the buyer, and without any	9914
other contact between the seller or the seller's representative	9915
prior to the delivery of goods or performance of the service;	9916

(3) The final agreement is made pursuant to prior	9917
negotiations in the course of a visit by the buyer to a retail	9918
business establishment having a fixed permanent location where the	9919
goods are exhibited or the services are offered for sale on a	9920
continuing basis;	9921

(4) The buyer initiates the contact between the parties for	9922
the purpose of negotiating a purchase and the seller has a	9923
business establishment at a fixed location in this state where the	9924
goods or services involved in the transaction are regularly	9925
offered or exhibited for sale.	9926

Advertisements by such a seller in newspapers, magazines,	9927
catalogues, radio, or television do not constitute the seller	9928
initiation of the contact.	9929

(5) The buyer initiates the contact between the parties, the	9930
goods or services are needed to meet a bona fide immediate	9931
personal emergency of the buyer which will jeopardize the welfare,	9932
health, or safety of natural persons, or endanger property which	9933
the buyer owns or for which the buyer is responsible, and the	9934
buyer furnishes the seller with a separate, dated, and signed	9935
statement in the buyer's handwriting describing the situation	9936
requiring immediate remedy and expressly acknowledging and waiving	9937
the right to cancel the sale within three business days;	9938

(6) The buyer has initiated the contact between the parties	9939
and specifically requested the seller to visit the buyer's home	9940
for the purpose of repairing or performing maintenance upon the	9941
buyer's personal property. If, in the course of such a visit, the	9942
seller sells the buyer additional services or goods other than	9943
replacement parts necessarily used in performing the maintenance	9944
or in making the repairs, the sale of those additional goods or	9945
services does not fall within this exclusion.	9946

(7) The buyer is accorded the right of rescission by the	9947
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.	9948
1635, or regulations adopted pursuant to it.	9949

(B) "Sale" includes a lease or rental.

9950

(C) "Seller" includes a lessor or anyone offering goods for	9951
rent.	9952

(D) "Buyer" includes a lessee or anyone who gives a	9953
consideration for the privilege of using goods.	9954

(E) "Consumer goods or services" means goods or services	9955
purchased, leased, or rented primarily for personal, family, or	9956
household purposes, including courses or instruction or training	9957
regardless of the purpose for which they are taken.	9958

(F) "Consumer goods or services" does not include goods or	9959
services pertaining to any of the following:	9960

(1) Sales or rentals of real property by a real estate	9961
broker or salesperson, or by a foreign real estate dealer or	9962
salesperson, who is licensed by the Ohio real estate commission	9963
under Chapter 4735. of the Revised Code;	9964

(2) The sale of securities or commodities by a broker-dealer	9965
registered with the securities and exchange commission;	9966

(3) The sale of securities or commodities by a securities	9967
dealer or salesperson licensed by the division of securities under	9968
Chapter 1707. of the Revised Code;	9969

(4) The sale of insurance by a person licensed by the	9970
superintendent of insurance;	9971

(5) Goods sold or services provided by automobile dealers	9972
and salespersons licensed by the registrar of motor vehicles under	9973
Chapter 4517. of the Revised Code;	9974

(6) The sale of property at an auction by an auctioneer	9975
licensed by the department of commerce agriculture under Chapter	9976
4707. of the Revised Code.	9977

(G) "Purchase price" means the total cumulative price of the	9978
consumer goods or services, including all interest and service	9979
charges.	9980

(H) "Place of business" means the main office, or a	9981
permanent branch office or permanent local address of a seller.	9982

(I) "Business day" means any calendar day except Sunday, or	9983
the following business holidays: New Year's day, Presidents' day,	9984
Memorial day, Independence day, Labor day, Columbus day, Veterans	9985
day, Thanksgiving day, and Christmas day.	9986

Sec. 1501.01.  Except where otherwise expressly provided, the	9987
director of natural resources shall formulate and institute all	9988
the policies and programs of the department of natural resources.	9989
The chief of any division of the department shall not enter into	9990
any contract, agreement, or understanding unless it is approved by	9991
the director. No appointee or employee of the director, other	9992
than the assistant director, may bind the director in a contract	9993
except when given general or special authority to do so by the	9994
director.	9995

The director shall correlate and coordinate the work and	9996
activities of the divisions in the department to eliminate	9997
unnecessary duplications of effort and overlapping of functions.	9998
The chiefs of the various divisions of the department shall meet	9999
with the director at least once each month at a time and place	10000
designated by the director.	10001

The director may create advisory boards to any of those	10002
divisions in conformity with section 121.13 of the Revised Code.	10003

The director may accept and expend gifts, devises, and	10004
bequests of money, lands, and other properties on behalf of the	10005
department or any division thereof under the terms set forth in	10006
section 9.20 of the Revised Code. Any political subdivision of	10007
this state may make contributions to the department for the use of	10008
the department or any division therein according to the terms of	10009
the contribution.	10010

The director may publish and sell or otherwise distribute	10011
data, reports, and information.	10012

The director shall adopt rules in accordance with Chapter	10013
119. of the Revised Code to permit the department to accept by	10014
means of a credit card the payment of fees, charges, and rentals	10015
at those facilities described in section 1501.07 of the Revised	10016
Code that are operated by the department, for any data, reports,	10017
or information sold by the department, and for any other goods or	10018
services provided by the department.	10019

Whenever authorized by the governor to do so, the director	10020
may appropriate property for the uses and purposes authorized to	10021
be performed by the department and on behalf of any division	10022
within the department. This authority shall be exercised in the	10023
manner provided in sections 163.01 to 163.22 of the Revised Code	10024
for the appropriation of property by the director of	10025
administrative services. This authority to appropriate property	10026
is in addition to the authority provided by law for the	10027
appropriation of property by divisions of the department. The	10028
director of natural resources also may acquire by purchase, lease,	10029
or otherwise such real and personal property rights or privileges	10030
in the name of the state as are necessary for the purposes of the	10031
department or any division therein. The director, with the	10032
approval of the governor and the attorney general, may sell,	10033
lease, or exchange portions of lands or property, real or	10034
personal, of any division of the department or grant easements or	10035
licenses for the use thereof, or enter into agreements for the	10036
sale of water from lands and waters under the administration or	10037
care of the department or any of its divisions, when the sale,	10038
lease, exchange, easement, agreement, or license for use is	10039
advantageous to the state, provided that such approval is not	10040
required for leases and contracts made under section 1507.12, if	10041
any, or section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of	10042
the Revised Code. Water may be sold from a reservoir only to the	10043
extent that the reservoir was designed to yield a supply of water	10044
for a purpose other than recreation or wildlife, and the water	10045
sold is in excess of that needed to maintain the reservoir for	10046
purposes of recreation or wildlife.	10047

Money received from such sales, leases, easements, exchanges,	10048
agreements, or licenses for use, except revenues required to be	10049
set aside or paid into depositories or trust funds for the payment	10050
of bonds issued under sections 1501.12 to 1501.15 of the Revised	10051
Code, and to maintain the required reserves therefor as provided	10052
in the orders authorizing the issuance of such bonds or the trust	10053
agreements securing such bonds, revenues required to be paid and	10054
credited pursuant to the bond proceeding applicable to obligations	10055
issued pursuant to section 154.22, and revenues generated under	10056
section 1520.05 of the Revised Code, shall be deposited in the	10057
state treasury to the credit of the fund of the division of the	10058
department having prior jurisdiction over the lands or property.	10059
If no such fund exists, the money shall be credited to the general	10060
revenue fund. All such money received from lands or properties	10061
administered by the division of wildlife shall be credited to the	10062
wildlife fund.	10063

The director shall provide for the custody, safekeeping, and	10064
deposit of all moneys, checks, and drafts received by the	10065
department or its employees prior to paying them to the treasurer	10066
of state under section 113.08 of the Revised Code.	10067

The director shall cooperate with the nature conservancy,	10068
other nonprofit organizations, and the United States fish and	10069
wildlife service in order to secure protection of islands in the	10070
Ohio river and the wildlife and wildlife habitat of those islands.	10071

Any instrument by which real property is acquired pursuant to	10072
this section shall identify the agency of the state that has the	10073
use and benefit of the real property as specified in section	10074
5301.012 of the Revised Code.	10075

Sec. 1501.04.  There is hereby created in the department of	10076
natural resources a recreation and resources commission composed	10077
of the chairman chairperson of the wildlife council created under	10078
section 1531.03 of the Revised Code, the chairman chairperson of	10079
the parks and recreation council created under section 1541.40 of	10080
the Revised Code, the chairman chairperson of the waterways safety	10081
council created under section 1547.73 of the Revised Code, the	10082
chairman chairperson of the technical advisory council on oil and	10083
gas created under section 1509.38 of the Revised Code, the	10084
chairman of the forestry advisory council created under section	10085
1503.40 of the Revised Code, the chairman chairperson of the Ohio	10086
soil and water conservation commission created under section	10087
1515.02 of the Revised Code, the chairman chairperson of the Ohio	10088
natural areas council created under section 1517.03 of the Revised	10089
Code, the chairman chairperson of the Ohio water advisory council	10090
created under section 1521.031 of the Revised Code, the	10091
chairperson of the recycling and litter prevention advisory	10092
council created under section 1502.04 of the Revised Code, the	10093
chairperson of the civilian conservation advisory council created	10094
under section 1553.10 of the Revised Code, the chairman	10095
chairperson of the Ohio geology advisory council created under	10096
section 1505.11 of the Revised Code, and five members appointed by	10097
the governor with the advice and consent of the senate, not more	10098
than three of whom shall belong to the same political party. The	10099
director of natural resources shall be an ex officio member of the	10100
commission, with a voice in its deliberations, but without the	10101
power to vote.	10102

Terms of office of members of the commission appointed by the	10103
governor shall be for five years, commencing on the second day of	10104
February and ending on the first day of February. Each member	10105
shall hold office from the date of his appointment until the end	10106
of the term for which he the member was appointed.	10107

In the event of the death, removal, resignation, or	10108
incapacity of a member of the commission, the governor, with the	10109
advice and consent of the senate, shall appoint a successor who	10110
shall hold office for the remainder of the term for which his the	10111
member's predecessor was appointed. Any member shall continue in	10112
office subsequent to the expiration date of his the member's term	10113
until his the member's successor takes office, or until a period	10114
of sixty days has elapsed, whichever occurs first.	10115

The governor may remove any appointed member of the	10116
commission for misfeasance, nonfeasance, or malfeasance in office.	10117

The commission shall exercise no administrative function, but	10118
may:	10119

(A) Advise with and recommend to the director of natural	10120
resources as to plans and programs for the management,	10121
development, utilization, and conservation of the natural	10122
resources of the state;	10123

(B) Advise with and recommend to the director as to methods	10124
of coordinating the work of the divisions of the department;	10125

(C) Consider and make recommendations upon any matter which	10126
the director may submit to it;	10127

(D) Submit to the governor biennially recommendations for	10128
amendments to the conservation laws of the state.	10129

Before Each member of the commission, before entering upon	10130
the discharge of his the member's duties, each member of the	10131
commission shall take and subscribe to an oath of office, which	10132
oath, in writing, shall be filed in the office of the secretary of	10133
state.	10134

The members of the commission shall serve without	10135
compensation, but shall be entitled to receive their actual and	10136
necessary expenses incurred in the performance of their official	10137
duties.	10138

The commission, by a majority vote of all its members, shall	10139
adopt and amend bylaws.	10140

To be eligible for appointment, a person shall be a citizen	10141
of the United States and an elector of the state and shall possess	10142
a knowledge of and have an interest in the natural resources of	10143
this state.	10144

The commission shall hold at least four regular quarterly	10145
meetings each year. Special meetings shall be held at such times	10146
as the bylaws of the commission provide. Notices of all meetings	10147
shall be given in such manner as the bylaws provide. The	10148
commission shall choose annually from among its members a chairman	10149
chairperson to preside over its meetings and a secretary to keep a	10150
record of its proceedings. A majority of the members of the	10151
commission constitutes a quorum. No advice shall be given or	10152
recommendation made without a majority of the members of the	10153
commission concurring therein.	10154

Sec. 1501.23.  The department of natural resources may	10155
utilize the services of volunteers to implement clean-up and	10156
beautification programs or any other programs that accomplish any	10157
of the purposes of the department. The director of natural	10158
resources shall approve all volunteer programs and may recruit,	10159
train, and supervise the services of community volunteers or	10160
volunteer groups for volunteer programs. The director may	10161
designate volunteers in a volunteer program as state employees for	10162
the purpose of motor vehicle accident liability insurance under	10163
section 9.83 of the Revised Code, for the purpose of immunity	10164
under section 9.86 of the Revised Code, and for the purpose of	10165
indemnification from liability incurred in the performance of	10166
their duties under section 9.87 of the Revised Code.	10167

Sec. 1501.40.  The department of natural resources is the	10168
designated state agency responsible for the coordination and	10169
administration of sections 120 to 136 of the "National and	10170
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	10171
12401 to 12456, and amendments thereto as amended. With the	10172
assistance of the state Ohio community service advisory committee	10173
council created in section 121.40 of the Revised Code, the	10174
director of natural resources shall coordinate with other state	10175
agencies to apply for funding under the act when appropriate and	10176
shall administer any federal funds the state receives under	10177
sections 120 to 136 of the act.	10178

Sec. 1502.12. (A) There is hereby created in the state	10179
treasury the scrap tire grant fund, consisting of moneys	10180
transferred to the fund under section 3734.82 of the Revised Code.	10181
The chief of the division of recycling and litter prevention, with	10182
the approval of the director of natural resources, may make grants	10183
from the fund for the purpose of supporting market development	10184
activities for scrap tires. The grants may be awarded to	10185
individuals, businesses, and entities certified under division (B)	10186
of section 1502.04 of the Revised Code.	10187

(B) Projects and activities that are eligible for grants	10188
under this section shall be evaluated for funding using, at a	10189
minimum, the following criteria:	10190

(1) The degree to which a proposed project contributes to	10191
the increased use of scrap tires generated in this state;	10192

(2) The degree of local financial support for a proposed	10193
project;	10194

(3) The technical merit and quality of a proposed project.

10195

Sec. 1503.011.  The chief of the division of forestry shall	10196
be responsible for the conservation and development of forests	10197
within this state. He The chief shall be concerned with	10198
silvicultural practices, including the proper planting, growing,	10199
protecting, harvesting, and managing of trees for such purposes as	10200
watershed and soil protection, timber production and utilization,	10201
recreation, aesthetics, wildlife habitat development, and urban	10202
enhancement and for all benefits that forests provide.	10203

The chief may do any or all of the following:

10204

(A) Provide rural forestry assistance to nonindustrial	10205
private forest landowners, including advice in tree planting,	10206
forest improvement, harvesting, and all aspects of conservation;	10207

(B) Provide urban forestry assistance to individuals,	10208
nonprofit organizations, and political subdivisions to manage	10209
their urban forest resource and develop comprehensive tree care	10210
programs;	10211

(C) Provide wood utilization, marketing, and rural forestry	10212
development assistance to forest industries, political	10213
subdivisions and agencies thereof, and state and federal agencies	10214
for the purpose of establishing and maintaining a viable,	10215
economically sound wood-based industry while expanding the forest	10216
resource of this state;	10217

(D) Provide forest pest protection assistance to forest	10218
landowners, political subdivisions and agencies thereof, and state	10219
and federal agencies on assessing and evaluating the health and	10220
vigor of the forest resource;	10221

(E) Provide technical assistance to landowners in developing	10222
forest windbreaks, filter strips, and other forest management	10223
practices that provide conservation benefits;	10224

(F) Provide awareness of and education concerning the	10225
programs provided for under divisions (A) to (E) of this section;	10226

(G) Enter into agreements with political subdivisions and	10227
agencies thereof, state and federal agencies, firefighting	10228
agencies and private fire companies, as those terms are defined in	10229
section 9.60 of the Revised Code, nonprofit organizations, and	10230
individuals to meet the needs of forestry assistance in this state	10231
and, in accordance with sections section 1503.01 and 1503.35 of	10232
the Revised Code, develop and administer grant programs for any of	10233
those entities requesting assistance. The chief shall adopt, and	10234
may amend and rescind, rules in accordance with Chapter 119. of	10235
the Revised Code establishing such requirements and procedures as	10236
are necessary to implement this division.	10237

As used in this section, "nonprofit organization" has the	10238
same meaning as in section 4141.01 of the Revised Code.	10239

Sec. 1507.01.  There is hereby created in the department of	10240
natural resources the division of engineering to be administered	10241
by the chief engineer of the department, who shall be a	10242
professional engineer registered under Chapter 4733. of the	10243
Revised Code. The chief engineer shall do all of the following:	10244

(A) Administer this chapter;

10245

(B) Provide engineering, architectural, land surveying, and	10246
related administrative and maintenance support services to the	10247
other divisions in the department;	10248

(C) Upon request of the director of natural resources,	10249
implement the department's capital improvement program and	10250
facility maintenance projects, including all associated	10251
engineering, architectural, design, contracting, surveying,	10252
inspection, and management responsibilities and requirements;	10253

(D) With the approval of the director, act as contracting	10254
officer in departmental engineering, architectural, surveying, and	10255
construction matters regarding capital improvements except for	10256
those matters otherwise specifically provided for in law;	10257

(E) As long as the state retains ownership of the Burr Oak	10258
water system, administer, operate, and maintain the Burr Oak water	10259
system and, with the approval of the director, act as contracting	10260
agent in matters concerning that system;	10261

(F) Provide engineering support for the coastal management	10262
program established under Chapter 1506. of the Revised Code;	10263

(G)(F) Coordinate the department's roadway maintenance	10264
program with the department of transportation pursuant to section	10265
5511.05 of the Revised Code and maintain the roadway inventory of	10266
the department of natural resources;	10267

(H) Coordinate the department's emergency response	10268
activities with the emergency management agency created in section	10269
5502.22 of the Revised Code;	10270

(I)(G) Coordinate the department's projects, programs,	10271
policies, procedures, and activities with the United States army	10272
corps of engineers;	10273

(J)(H) Subject to the approval of the director, employ	10274
professional and technical assistants and such other employees as	10275
are necessary for the performance of the activities required or	10276
authorized under this chapter, other work of the division, and any	10277
other work agreed to under working agreements or contractual	10278
arrangements; prescribe their duties; and fix their compensation	10279
in accordance with such schedules as are provided by law for the	10280
compensation of state employees.	10281

Sec. 1509.06.  An application for a permit to drill a new	10282
well, drill an existing well deeper, reopen a well, convert a well	10283
to any use other than its original purpose, or plug back a well to	10284
a different source of supply shall be filed with the chief of the	10285
division of mineral resources management upon such form as the	10286
chief prescribes and shall contain each of the following that is	10287
applicable:	10288

(A) The name and address of the owner and, if a corporation,	10289
the name and address of the statutory agent;	10290

(B) The signature of the owner or the owner's authorized	10291
agent. When an authorized agent signs an application, it shall be	10292
accompanied by a certified copy of the appointment as such agent.	10293

(C) The names and addresses of all persons holding the	10294
royalty interest in the tract upon which the well is located or is	10295
to be drilled or within a proposed drilling unit;	10296

(D) The location of the tract or drilling unit on which the	10297
well is located or is to be drilled identified by section or lot	10298
number, city, village, township, and county;	10299

(E) Designation of the well by name and number;

10300

(F) The geological formation to be tested or used and the	10301
proposed total depth of the well;	10302

(G) The type of drilling equipment to be used;

10303

(H) If the well is for the injection of a liquid, identity	10304
of the geological formation to be used as the injection zone and	10305
the composition of the liquid to be injected;	10306

(I) A sworn statement that all requirements of any municipal	10307
corporation, county, or township having jurisdiction over any	10308
activity related to the drilling or operation of an oil or gas	10309
well that have been filed with the division of mineral resources	10310
management and are in effect at the time the application is filed,	10311
including, but not limited to, zoning ordinances and resolutions	10312
and the requirements of section 4513.34 of the Revised Code, will	10313
be complied with until abandonment of the well;	10314

(J) A plan for restoration of the land surface disturbed by	10315
drilling operations. The plan shall provide for compliance with	10316
the restoration requirements of division (A) of section 1509.072	10317
of the Revised Code and any rules adopted by the chief pertaining	10318
to that restoration.	10319

(K) A description by name or number of the county, township,	10320
and municipal corporation roads, streets, and highways that the	10321
applicant anticipates will be used for access to and egress from	10322
the well site;	10323

(L) Such other relevant information as the chief prescribes	10324
by rule.	10325

Each application shall be accompanied by a map, on a scale	10326
not smaller than four hundred feet to the inch, prepared by an	10327
Ohio registered surveyor, showing the location of the well and	10328
containing such other data as may be prescribed by the chief. If	10329
the well is or is to be located within the excavations and	10330
workings of a mine, the map also shall include the location of the	10331
mine, the name of the mine, and the name of the person operating	10332
the mine.	10333

The chief shall cause a copy of the weekly circular prepared	10334
by the division to be provided to the county engineer of each	10335
county that contains active or proposed drilling activity. The	10336
weekly circular shall contain, in the manner prescribed by the	10337
chief, the names of all applicants for permits, the location of	10338
each well or proposed well, the information required by division	10339
(K) of this section, and any additional information the chief	10340
prescribes.	10341

The chief shall not issue a permit for at least ten days	10342
after the date of filing of the application for the permit unless,	10343
upon reasonable cause shown, the chief waives that period or a	10344
request for expedited review is filed under this section. However,	10345
the chief shall issue a permit within twenty-one days of the	10346
filing of the application unless the chief denies the application	10347
by order.	10348

An applicant may file a request with the chief for expedited	10349
review of a permit application if the well is not or is not to be	10350
located in a gas storage reservoir or reservoir protective area,	10351
as "reservoir protective area" is defined in section 1571.01 of	10352
the Revised Code. If the well is or is to be located in a coal	10353
bearing township, the application shall be accompanied by the	10354
affidavit of the landowner prescribed in section 1509.08 of the	10355
Revised Code.	10356

In addition to a complete application for a permit that meets	10357
the requirements of this section and the permit fee prescribed by	10358
this section, a request for expedited review shall be accompanied	10359
by a separate nonrefundable filing fee of five hundred dollars.	10360
Upon the filing of a request for expedited review, the chief shall	10361
cause the county engineer of the county in which the well is or is	10362
to be located to be notified of the filing of the permit	10363
application and the request for expedited review by telephone or	10364
other means that in the judgment of the chief will provide timely	10365
notice of the application and request. The chief shall issue a	10366
permit within seven days of the filing of the request unless the	10367
chief denies the application by order. Notwithstanding the	10368
provisions of this section governing expedited review of permit	10369
applications, the chief may refuse to accept requests for	10370
expedited review if, in the chief's judgment, the acceptance of	10371
the requests would prevent the issuance, within twenty-one days of	10372
their filing, of permits for which applications are pending.	10373

A well shall be drilled and operated in accordance with the	10374
plans, sworn statements, and other information submitted in the	10375
approved application.	10376

The chief shall issue an order denying a permit if the chief	10377
finds that there is a substantial risk that the operation will	10378
result in violations of this chapter or rules adopted under it	10379
that will present an imminent danger to public health or safety or	10380
damage to the environment, provided that where the chief finds	10381
that terms or conditions to the permit can reasonably be expected	10382
to prevent such violations, the chief shall issue the permit	10383
subject to those terms or conditions.	10384

Each application for a permit required by section 1509.05 of	10385
the Revised Code, except an application for a well drilled or	10386
reopened for purposes of section 1509.22 of the Revised Code, also	10387
shall be accompanied by a nonrefundable fee of two hundred fifty	10388
dollars.	10389

The chief may order the immediate suspension of drilling,	10390
operating, or plugging activities after finding that any person is	10391
causing, engaging in, or maintaining a condition or activity that	10392
in the chief's judgment presents an imminent danger to public	10393
health or safety or results in or is likely to result in immediate	10394
substantial damage to natural resources or for nonpayment of the	10395
fee required by this section. The chief may order the immediate	10396
suspension of the drilling or reopening of a well in a coal	10397
bearing township after determining that the drilling or reopening	10398
activities present an imminent and substantial threat to public	10399
health or safety or to miners' health or safety. Before issuing	10400
any such order, the chief shall notify the owner in such manner as	10401
in the chief's judgment would provide reasonable notification that	10402
the chief intends to issue a suspension order. The chief may	10403
issue such an order without prior notification if reasonable	10404
attempts to notify the owner have failed, but in such an event	10405
notification shall be given as soon thereafter as practical.	10406
Within five calendar days after the issuance of the order, the	10407
chief shall provide the owner an opportunity to be heard and to	10408
present evidence that the condition or activity is not likely to	10409
result in immediate substantial damage to natural resources or	10410
does not present an imminent danger to public health or safety or	10411
to miners' health or safety, if applicable. In the case of	10412
activities in a coal bearing township, if the chief, after	10413
considering evidence presented by the owner, determines that the	10414
activities do not present such a threat, the chief shall revoke	10415
the suspension order. Notwithstanding any provision of this	10416
chapter, the owner may appeal a suspension order directly to the	10417
court of common pleas of the county in which the activity is	10418
located or, if in a coal bearing township, to the mine examining	10419
board reclamation commission under section 1513.13 of the Revised	10420
Code.	10421

Sec. 1509.071.  (A) When the chief of the division of	10422
mineral resources management finds that an owner has failed to	10423
comply with the restoration requirements of section 1509.072,	10424
plugging requirements of section 1509.12, or permit provisions of	10425
section 1509.13 of the Revised Code, or rules and orders relating	10426
thereto, the chief shall make a finding of that fact and declare	10427
any surety bond filed to ensure compliance with those sections and	10428
rules forfeited in the amount set by rule of the chief. The chief	10429
thereupon shall certify the total forfeiture to the attorney	10430
general, who shall proceed to collect the amount of the	10431
forfeiture.	10432

In lieu of total forfeiture, the surety, at its option, may	10433
cause the well to be properly plugged and abandoned and the area	10434
properly restored or pay to the treasurer of state the cost of	10435
plugging and abandonment.	10436

(B) All moneys collected because of forfeitures of bonds as	10437
provided in this section shall be deposited in the state treasury	10438
to the credit of the oil and gas well fund created in section	10439
1509.02 of the Revised Code. The fund shall be expended by the	10440
chief for the following purposes in addition to the other purposes	10441
specified in that section:	10442

(1) In accordance with division (D) of this section, to plug	10443
wells or to restore the land surface properly as required in	10444
section 1509.072 of the Revised Code for which the bonds have been	10445
forfeited, for abandoned wells for which no funds are available to	10446
plug the wells in accordance with this chapter, or to use	10447
abandoned wells for the injection of oil or gas production wastes;	10448

(2) In accordance with division (E) of this section, to	10449
correct conditions that the chief reasonably has determined are	10450
causing imminent health or safety risks.	10451

Expenditures from the fund shall be made only for lawful	10452
purposes.	10453

(C)(1) Upon determining that the owner of a well has failed	10454
to properly plug and abandon it or to properly restore the land	10455
surface at the well site in compliance with the applicable	10456
requirements of this chapter and applicable rules adopted and	10457
orders issued under it or that a well is an abandoned well for	10458
which no funds are available to plug the well in accordance with	10459
this chapter, the chief shall do all of the following:	10460

(a) Determine from the records in the office of the county	10461
recorder of the county in which the well is located the identity	10462
of the owner of the land on which the well is located, the	10463
identity of the owner of the oil or gas lease under which the well	10464
was drilled or the identity of each person owning an interest in	10465
the lease, and the identities of the persons having legal title	10466
to, or a lien upon, any of the equipment appurtenant to the well;	10467

(b) Mail notice to the owner of the land on which the well	10468
is located informing the landowner that the well is to be plugged.	10469
If the owner of the oil or gas lease under which the well was	10470
drilled is different from the owner of the well or if any persons	10471
other than the owner of the well own interests in the lease, the	10472
chief also shall mail notice that the well is to be plugged to the	10473
owner of the lease or to each person owning an interest in the	10474
lease, as appropriate.	10475

(c) Mail notice to each person having legal title to, or a	10476
lien upon, any equipment appurtenant to the well, informing the	10477
person that the well is to be plugged and offering the person the	10478
opportunity to plug the well and restore the land surface at the	10479
well site at the person's own expense in order to avoid forfeiture	10480
of the equipment to this state.	10481

(2) If none of the persons described in division (C)(1)(c)	10482
of this section plugs the well within sixty days after the mailing	10483
of the notice required by that division, all equipment appurtenant	10484
to the well is hereby declared to be forfeited to this state	10485
without compensation and without the necessity for any action by	10486
the state for use to defray the cost of plugging and abandoning	10487
the well and restoring the land surface at the well site.	10488

(D) Expenditures from the fund for the purpose of division	10489
(B)(1) of this section shall be made in accordance with either of	10490
the following:	10491

(1) The expenditures may be made pursuant to contracts	10492
entered into by the chief with persons who agree to furnish all of	10493
the materials, equipment, work, and labor as specified and	10494
provided in such a contract. Agents or employees of persons	10495
contracting with the chief for the restoration, plugging, and	10496
injection projects may enter upon any land, public or private, for	10497
which a project has been approved by the controlling board and on	10498
which the well is located, for the purpose of performing the work.	10499
Prior to such entry, the chief shall give to the following persons	10500
written notice of the existence of a contract for a project to	10501
restore, plug, or inject oil or gas production wastes into a well,	10502
the names of the persons with whom the contract is made, and the	10503
date that the project will commence: the owner of the well, the	10504
owner of the land upon which the well is located, the owner or	10505
agents of adjoining land, and, if the well is located in the same	10506
township as or in a township adjacent to the excavations and	10507
workings of a mine and the owner or lessee of that mine has	10508
provided written notice identifying those townships to the chief	10509
at any time during the immediately preceding three years, the	10510
owner or lessee of the mine.	10511

The chief periodically shall submit project proposals under	10512
division (D)(1) of this section to the controlling board, together	10513
with benefit and cost data and other pertinent information.	10514
Expenditures from the fund for the purpose of division (D)(1) of	10515
this section may be made only for restoration, plugging, or	10516
injection projects that are approved by the controlling board, and	10517
expenditures for a particular project may not exceed any limits	10518
set by the board.	10519

(2)(a) The owner of the land on which a well is located who	10520
has received notice under division (C)(1)(b) of this section may	10521
plug the well and be reimbursed by the division for the reasonable	10522
cost of plugging the well. In order to plug the well, the	10523
landowner shall submit an application to the chief on a form	10524
prescribed by the chief and approved by the technical advisory	10525
council on oil and gas created in section 1509.38 of the Revised	10526
Code. The application, at a minimum, shall require the landowner	10527
to provide the same information as is required to be included in	10528
the application for a permit to plug and abandon under section	10529
1509.13 of the Revised Code. The application shall be accompanied	10530
by a copy of a proposed contract to plug the well prepared by a	10531
contractor regularly engaged in the business of plugging oil and	10532
gas wells. The proposed contract shall require the contractor to	10533
furnish all of the materials, equipment, work, and labor necessary	10534
to plug the well properly and shall specify the price for doing	10535
the work, including a credit for the equipment appurtenant to the	10536
well that was forfeited to the state through the operation of	10537
division (C)(2) of this section. The application also shall be	10538
accompanied by the permit fee required by section 1509.13 of the	10539
Revised Code unless the chief, in the chief's discretion, waives	10540
payment of the permit fee. The application constitutes an	10541
application for a permit to plug and abandon the well for the	10542
purposes of section 1509.13 of the Revised Code.	10543

(b) Within thirty days after receiving an application and	10544
accompanying proposed contract under division (D)(2)(a) of this	10545
section, the chief shall determine whether the plugging would	10546
comply with the applicable requirements of this chapter and	10547
applicable rules adopted and orders issued under it and whether	10548
the cost of the plugging under the proposed contract is	10549
reasonable. If the chief determines that the proposed plugging	10550
would comply with those requirements and that the proposed cost of	10551
the plugging is reasonable, the chief shall notify the landowner	10552
of that determination and issue to the landowner a permit to plug	10553
and abandon the well under section 1509.13 of the Revised Code.	10554
Upon approval of the application and proposed contract, the chief	10555
shall transfer ownership of the equipment appurtenant to the well	10556
to the landowner. The chief may disapprove an application	10557
submitted under division (D)(2)(a) of this section if the chief	10558
determines that the proposed plugging would not comply with the	10559
applicable requirements of this chapter and applicable rules	10560
adopted and orders issued under it, that the cost of the plugging	10561
under the proposed contract is unreasonable, or that the proposed	10562
contract is not a bona fide, arms length contract.	10563

(c) After receiving the chief's notice of the approval of	10564
the application and permit to plug and abandon a well under	10565
division (D)(2)(b) of this section, the landowner shall enter into	10566
the proposed contract to plug the well. The plugging shall be	10567
completed within one hundred eight days after the landowner	10568
receives the notice of approval and permit.	10569

(d) Upon determining that the plugging has been completed	10570
within the time required by division (D)(2)(c) of this section and	10571
has been completed in compliance with the applicable requirements	10572
of this chapter and applicable rules adopted and orders issued	10573
under it, the chief shall reimburse the landowner for the cost of	10574
the plugging as set forth in the proposed contract approved by the	10575
chief. The reimbursement shall be paid from the oil and gas well	10576
fund. If the chief determines that the plugging was not completed	10577
within the required time or was not completed in accordance with	10578
the applicable requirements, the chief shall not reimburse the	10579
landowner for the cost of the plugging, and the landowner or the	10580
contractor, as applicable, promptly shall transfer back to this	10581
state title to and possession of the equipment appurtenant to the	10582
well that previously was transferred to the landowner under	10583
division (D)(2)(b) of this section. If any such equipment was	10584
removed from the well during the plugging and sold, the landowner	10585
shall pay to the chief the proceeds from the sale of the	10586
equipment, and the chief promptly shall pay the moneys so received	10587
to the treasurer of state for deposit into the oil and gas well	10588
fund.	10589

The chief may establish an annual limit on the number of	10590
wells that may be plugged under division (D)(2) of this section or	10591
an annual limit on the expenditures to be made under that	10592
division.	10593

As used in division (D)(2) of this section, "plug" and	10594
"plugging" include the plugging of the well and the restoration of	10595
the land surface disturbed by the plugging.	10596

(E) Expenditures from the oil and gas well fund for the	10597
purpose of division (B)(2) of this section may be made pursuant to	10598
contracts entered into by the chief with persons who agree to	10599
furnish all of the materials, equipment, work, and labor as	10600
specified and provided in such a contract. The competitive	10601
bidding requirements of Chapter 153. of the Revised Code do not	10602
apply if the chief reasonably determines that correction of the	10603
applicable health or safety risk requires immediate action. The	10604
chief, designated representatives of the chief, and agents or	10605
employees of persons contracting with the chief under this	10606
division may enter upon any land, public or private, for the	10607
purpose of performing the work.	10608

(F) Contracts entered into by the chief under this section	10609
are not subject to either of the following:	10610

(1) Chapter 4115. of the Revised Code;

10611

(2) Section 153.54 of the Revised Code, except that the	10612
contractor shall obtain and provide to the chief as a bid guaranty	10613
a surety bond or letter of credit in an amount equal to ten per	10614
cent of the amount of the contract.	10615

(G) The owner of land on which a well is located who has	10616
received notice under division (C)(1)(b) of this section, in lieu	10617
of plugging the well in accordance with division (D)(2) of this	10618
section, may cause ownership of the well to be transferred to an	10619
owner who is lawfully doing business in this state and who has met	10620
the financial responsibility requirements established under	10621
section 1509.07 of the Revised Code, subject to the approval of	10622
the chief. The transfer of ownership also shall be subject to the	10623
landowner's filing the appropriate forms required under this	10624
chapter and providing to the chief sufficient information to	10625
demonstrate the landowner's or owner's right to produce a	10626
formation or formations. That information may include a deed, a	10627
lease, or other documentation of ownership or property rights.	10628

The chief shall approve or disapprove the transfer of	10629
ownership of the well. If the chief approves the transfer, the	10630
owner is responsible for operating the well in accordance with	10631
this chapter and rules adopted under it, including, without	10632
limitation, all of the following:	10633

(1) Filing an application with the chief under section	10634
1509.06 of the Revised Code if the owner intends to drill deeper	10635
or produce a formation that is not listed in the records of the	10636
division for that well;	10637

(2) Taking title to and possession of the equipment	10638
appurtenant to the well that has been identified by the chief as	10639
having been abandoned by the former owner;	10640

(3) Complying with all applicable requirements that are	10641
necessary to drill deeper, plug the well, or plug back the well.	10642

Sec. 1509.08.  Upon receipt of an application for a permit	10643
required by section 1509.05 of the Revised Code, or upon receipt	10644
of an application for a permit to plug and abandon under section	10645
1509.13 of the Revised Code, the chief of the division of mineral	10646
resources management shall determine whether the well is or is to	10647
be located in a coal bearing township.	10648

Whether or not the well is or is to be located in a coal	10649
bearing township, the chief, by order, may refuse to issue a	10650
permit required by section 1509.05 of the Revised Code to any	10651
applicant who at the time of applying for the permit is in	10652
material or substantial violation of this chapter or rules adopted	10653
or orders issued under it. The chief shall refuse to issue a	10654
permit to any applicant who at the time of applying for the permit	10655
has been found liable by a final nonappealable order of a court of	10656
competent jurisdiction for damage to streets, roads, highways,	10657
bridges, culverts, or drainways pursuant to section 4513.34 or	10658
5577.12 of the Revised Code until the applicant provides the chief	10659
with evidence of compliance with the order. No applicant shall	10660
attempt to circumvent this provision by applying for a permit	10661
under a different name or business organization name, by	10662
transferring responsibility to another person or entity, by	10663
abandoning the well or lease, or by any other similar act.	10664

If the well is not or is not to be located in a coal bearing	10665
township, or if it is to be located in a coal bearing township,	10666
but the landowner submits an affidavit attesting to ownership of	10667
the property in fee simple, including the coal, and has no	10668
objection to the well, the chief shall issue the permit.	10669

If the application to drill, reopen, or convert concerns a	10670
well that is or is to be located in a coal bearing township, the	10671
chief immediately shall notify the owner or lessee of any affected	10672
mine that the application has been filed and send to the owner or	10673
lessee two copies of the map accompanying the application setting	10674
forth the location of the well.	10675

If the owner or lessee objects to the location of the well or	10676
objects to any location within fifty feet of the original location	10677
as a possible site for relocation of the well, the owner or lessee	10678
shall notify the chief of the objection, giving the reasons for	10679
the objection and, if applicable, indicating on a copy of the map	10680
the particular location or locations within fifty feet of the	10681
original location to which the owner or lessee objects as a site	10682
for possible relocation of the well, within six days after the	10683
receipt of the notice. If the chief receives no objections from	10684
the owner or lessee of the mine within ten days after the receipt	10685
of the notice by the owner or lessee, or if in the opinion of the	10686
chief the objections offered by the owner or lessee are not	10687
sufficiently well founded, the chief immediately shall notify the	10688
owner or lessee of those findings. The owner or lessee may appeal	10689
the decision of the chief to the mine examining board created	10690
reclamation commission under section 1561.10 1513.13 of the	10691
Revised Code. The appeal shall be filed within fifteen days,	10692
notwithstanding provisions in divisions (A)(1) of section 1513.13	10693
of the Revised Code, to the contrary, from the date on which the	10694
owner or lessee receives the notice. If the appeal is not filed	10695
within that time, the chief immediately shall approve the	10696
application and issue the permit if the provisions of this chapter	10697
pertaining to the issuance of such a permit have been complied	10698
with.	10699

If the chief receives an objection from the owner or lessee	10700
of the mine as to the location of the well within ten days after	10701
receipt of the notice by the owner or lessee, and if in the	10702
opinion of the chief the objection is well founded, the chief	10703
shall disapprove the application and suggest a new location for	10704
the well, provided that the suggested new location shall not be a	10705
location within fifty feet of the original location to which the	10706
owner or lessee has objected as a site for possible relocation of	10707
the well if the chief has determined that the objection is well	10708
founded. The chief immediately shall notify the applicant for the	10709
permit of the disapproval and any suggestion as to a new location	10710
for the well. The applicant may withdraw the application or amend	10711
the application to drill the well at the location suggested by the	10712
chief, or the applicant may appeal the disapproval of the	10713
application by the chief to the mine examining board reclamation	10714
commission.	10715

If the chief receives no objection from the owner or lessee	10716
of a mine as to the location of the well, but does receive an	10717
objection from the owner or lessee as to one or more locations	10718
within fifty feet of the original location as possible sites for	10719
relocation of the well within ten days after receipt of the notice	10720
by the owner or lessee, and if in the opinion of the chief the	10721
objection is well founded, the chief nevertheless shall approve	10722
the application and issue a permit if the provisions of this	10723
chapter pertaining to the issuance of such a permit have been	10724
complied with, incorporating as a term or condition of the permit	10725
that the applicant is prohibited from commencing drilling at any	10726
location within fifty feet of the original location that has been	10727
disapproved by the chief. The applicant may appeal to the mine	10728
examining board reclamation commission the terms and conditions of	10729
the permit prohibiting the commencement of drilling at any such	10730
location disapproved by the chief.	10731

Any such appeal shall be filed within fifteen days,	10732
notwithstanding provisions in division (A)(1) of section 1513.13	10733
of the Revised Code to the contrary, from the date the applicant	10734
receives notice of the disapproval of the application, any other	10735
location within fifty feet of the original location, or terms or	10736
conditions of the permit, or the owner or lessee receives notice	10737
of the chief's decision. No approval or disapproval of an	10738
application shall be delayed by the chief for more than fifteen	10739
days from the date of sending the notice of the application to the	10740
mine owner or lessee as required by this section.	10741

All appeals provided for in this section shall be treated as	10742
expedited appeals. The mine examining board reclamation	10743
commission shall hear any such appeal in accordance with section	10744
1561.53 1513.13 of the Revised Code and render issue a decision	10745
within thirty days of the filing of the notice of appeal.	10746

The chief shall not issue a permit to drill a new well or	10747
reopen a well that is or is to be located within three hundred	10748
feet of any opening of any mine used as a means of ingress,	10749
egress, or ventilation for persons employed in the mine, nor	10750
within one hundred feet of any building or inflammable structure	10751
connected with the mine and actually used as a part of the	10752
operating equipment of the mine, unless the chief determines that	10753
life or property will not be endangered by drilling and operating	10754
the well in that location.	10755

Sec. 1509.11.  The owner of any well producing or capable of	10756
producing oil or gas shall file with the chief of the division of	10757
mineral resources management, on or before the fifteenth first day	10758
of April March, a statement of production of oil, gas, and brine	10759
for the last preceding calendar year in such form as the chief may	10760
prescribe. The chief shall include on the form, at the minimum, a	10761
request for the submittal of the information that a person who is	10762
regulated under this chapter is required to submit under the	10763
"Emergency Planning and Community Right-To-Know Act of 1986," 100	10764
Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under it,	10765
and that the division does not obtain through other reporting	10766
mechanisms.	10767

Sec. 1509.23.  (A) Rules of the chief of the division of	10768
mineral resources management may specify practices to be followed	10769
in the drilling of wells and production of oil and gas for	10770
protection of public health or safety or to prevent damage to	10771
natural resources, including specification of devices, minimum	10772
distances that wells and other excavations, structures, and	10773
equipment shall be located from water wells, streets, roads,	10774
highways, railroad tracks, and buildings, other methods of	10775
operation, and procedures, methods, and equipment and other	10776
requirements for equipment to prevent and contain discharges of	10777
oil from oil production facilities and oil drilling and workover	10778
facilities consistent with and equivalent in scope, content, and	10779
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	10780
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	10781
as amended, and regulations adopted under it.	10782

(B) The chief, in consultation with the emergency response	10783
commission created in section 3750.02 of the Revised Code, shall	10784
adopt rules in accordance with Chapter 119. of the Revised Code	10785
that specify the information that shall be included in an	10786
electronic database that the chief shall create and host. The	10787
information shall be that which the chief considers to be	10788
appropriate for the purpose of responding to emergency situations	10789
that pose a threat to public health or safety or the environment.	10790
At the minimum, the information shall include that which a person	10791
who is regulated under this chapter is required to submit under	10792
the "Emergency Planning and Community Right-To-Know Act of 1986,"	10793
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	10794
it.	10795

In addition, the rules shall specify whether and to what	10796
extent the database and the information that it contains will be	10797
made accessible to the public. The rules shall ensure that the	10798
database will be made available via the internet or a system of	10799
computer disks to the emergency response commission and to every	10800
local emergency planning committee and fire department in this	10801
state.	10802

Sec. 1513.05.  There is hereby created a reclamation	10803
commission consisting of seven members appointed by the governor	10804
with the advice and consent of the senate. For the purposes of	10805
hearing appeals under section 1513.13 of the Revised Code that	10806
involve mine safety issues, the reclamation commission shall	10807
consist of two additional members appointed specifically for that	10808
function by the governor with the advice and consent of the	10809
senate. All terms of office shall be for five years, commencing	10810
on the twenty-ninth day of June and ending on the twenty-eighth	10811
day of June. Each member shall hold office from the date of	10812
appointment until the end of the term for which the appointment	10813
was made. Each vacancy occurring on the commission shall be	10814
filled by appointment within sixty days after the vacancy occurs.	10815
Any member appointed to fill a vacancy occurring prior to the	10816
expiration of the term for which the member's predecessor was	10817
appointed shall hold office for the remainder of such term. Any	10818
member shall continue in office subsequent to the expiration date	10819
of the member's term until the member's successor takes office, or	10820
until a period of sixty days has elapsed, whichever occurs first.	10821
Two	10822

Two of the appointees to the commission shall be persons who,	10823
at the time of their appointment, own and operate a farm or are	10824
retired farmers. Notwithstanding section 1513.04 of the Revised	10825
Code, one of the appointees to the commission shall be a person	10826
who, at the time of appointment, is the representative of an	10827
operator of a coal mine. One of the appointees to the commission	10828
shall be a person who, by reason of the person's previous	10829
vocation, employment, or affiliations, can be classed as a	10830
representative of the public. One of the appointees to the	10831
commission shall be a person who, by reason of previous training	10832
and experience, can be classed as one learned and experienced in	10833
modern forestry practices. One of the appointees to the	10834
commission shall be a person who, by reason of previous training	10835
and experience, can be classed as one learned and experienced in	10836
agronomy. One of the appointees to the commission shall be either	10837
a person who, by reason of previous training and experience, can	10838
be classed as one capable and experienced in earth-grading	10839
problems, or a civil engineer. Not more than four members shall	10840
be members of the same political party.	10841

The two additional members of the commission who are	10842
appointed specifically to hear appeals that involve mine safety	10843
issues shall be individuals who, because of previous vocation,	10844
employment, or affiliation, can be classified as representatives	10845
of employees currently engaged in mining operations. One shall be	10846
a representative of coal miners, and one shall be a representative	10847
of aggregates miners. Prior to making the appointment, the	10848
governor shall request the highest ranking officer in the major	10849
employee organization representing coal miners in this state to	10850
submit to the governor the names and qualifications of three	10851
nominees and shall request the highest ranking officer in the	10852
major employee organization representing aggregates miners in this	10853
state to do the same. The governor shall appoint one person	10854
nominated by each organization to the commission. The nominees	10855
shall have not less than five years of practical experience in	10856
dealing with mine health and safety issues and at the time of the	10857
nomination shall be employed in positions that involve the	10858
protection of the health and safety of miners. The major employee	10859
organization representing coal miners and the major employee	10860
organization representing aggregates miners shall represent a	10861
membership consisting of the largest number of coal miners and	10862
aggregates miners, respectively, in this state compared to other	10863
employee organizations in the year prior to the year in which the	10864
appointments are made.	10865

When the commission hears an appeal that involves a coal	10866
mining safety issue, one of the commission members who owns and	10867
operates a farm or is a retired farmer shall be replaced by the	10868
additional member who is a representative of coal miners. When	10869
the commission hears an appeal that involves an aggregates mining	10870
safety issue, one of the commission members who owns and operates	10871
a farm or is a retired farmer shall be replaced by the additional	10872
member who is a representative of aggregates miners. Neither of	10873
the additional members who are appointed specifically to hear	10874
appeals that involve mine safety issues shall be considered to be	10875
members of the commission for any other purpose, and they shall	10876
not participate in any other matters that come before the	10877
commission.	10878

The commission may appoint a secretary to hold office at its	10879
pleasure. A commission member may serve as secretary. The	10880
secretary shall perform such duties as the commission prescribes,	10881
and shall receive such compensation as the commission fixes in	10882
accordance with such schedules as are provided by law for the	10883
compensation of state employees.	10884

The commission shall appoint one or more hearing officers who	10885
shall be attorneys at law admitted to practice in this state to	10886
conduct hearings under this chapter.	10887

Four members constitute a quorum, and no action of the	10888
commission shall be valid unless it has the concurrence of at	10889
least four members. The commission shall keep a record of its	10890
proceedings.	10891

Each member shall be paid as compensation for work as a	10892
member one hundred fifty dollars per day when actually engaged in	10893
the performance of work as a member and when engaged in travel	10894
necessary in connection with such work. In addition to such	10895
compensation each member shall be reimbursed for all traveling,	10896
hotel, and other expenses, in accordance with the current travel	10897
rules of the office of budget and management, necessarily incurred	10898
in the performance of the member's work as a member.	10899

Annually one member shall be elected as chairperson and	10900
another member shall be elected as vice-chairperson for terms of	10901
one year.	10902

The governor may remove any member of the commission from	10903
office for inefficiency, neglect of duty, malfeasance,	10904
misfeasance, or nonfeasance, after delivering to the member the	10905
charges against the member in writing with at least ten days'	10906
written notice of the time and place at which the governor will	10907
publicly hear the member, either in person or by counsel, in	10908
defense of the charges against the member. If the member is	10909
removed from office, the governor shall file in the office of the	10910
secretary of state a complete statement of the charges made	10911
against the member and a complete report of the proceedings. The	10912
action of the governor removing a member from office is final.	10913

The commission shall adopt rules governing procedure of	10914
appeals under section 1513.13 of the Revised Code and may, for its	10915
own internal management, adopt rules which that do not affect	10916
private rights.	10917

Sec. 1513.10. If, at the end of a coal mining operation's	10918
permit or renewal period, the number of acres of land affected by	10919
the operation proves to be smaller than the number of acres of	10920
land for which the operator paid a permit fee for the operation	10921
under section 1513.07 of the Revised Code, the operator is	10922
entitled to a refund of the excess permit fee. The refund shall	10923
be in an amount equal to the amount paid per acre as a permit fee	10924
multiplied by the difference between the number of acres in the	10925
area of land affected as verified by the division of mineral	10926
resources management and the number of acres of land for which the	10927
operator paid a permit fee.	10928

Refunds shall be paid out of the reclamation fee fund,	10929
which is hereby created in the state treasury. The treasurer of	10930
state shall place forty thousand dollars from the fees collected	10931
under section 1513.07 of the Revised Code in the fund. As moneys	10932
are spent from the fund, the treasurer of state shall credit to	10933
the fund the amount that is needed to keep the balance of the fund	10934
at forty thousand dollars. The remainder of the fees collected	10935
under section 1513.07 of the Revised Code shall be deposited with	10936
the treasurer of state to the credit of the coal mining	10937
administration and reclamation reserve fund created in section	10938
1513.181 of the Revised Code.	10939

Sec. 1513.13.  (A)(1) A person having an interest that is or	10940
may be adversely affected by a finding or determination of the	10941
chief of the division of mineral resources management made under	10942
section 1509.08, 1561.35, 1561.351, 1563.13, or 6111.044 of the	10943
Revised Code or an investigation made by the chief under section	10944
1561.51 of the Revised Code may appeal to the mine examining board	10945
in accordance with those sections. Any other person having an	10946
interest that is or may be adversely affected by a notice of	10947
violation, order, or decision of the chief of the division of	10948
mineral resources management, other than a show cause order or an	10949
order that adopts a rule, or by any modification, vacation, or	10950
termination of such a notice, order, or decision, may appeal by	10951
filing a notice of appeal with the reclamation commission for	10952
review of the notice, order, or decision within thirty days after	10953
the notice, order, or decision is served upon the person or within	10954
thirty days after its modification, vacation, or termination and	10955
by filing a copy of the notice of appeal with the chief within	10956
three days after filing the notice of appeal with the commission.	10957
The notice of appeal shall contain a copy of the notice of	10958
violation, order, or decision complained of and the grounds upon	10959
which the appeal is based. The commission has exclusive original	10960
jurisdiction to hear and decide such appeals. The filing of a	10961
notice of appeal under division (A)(1) of this section does not	10962
operate as a stay of any order, notice of violation, or decision	10963
of the chief.	10964

(2) The permittee, the chief, and other interested persons	10965
shall be given written notice of the time and place of the hearing	10966
at least five days prior thereto. The hearing shall be of record.	10967

(3) Any person authorized under this section to appeal to	10968
the commission may request an informal review by the chief or the	10969
chief's designee by filing a written request with the chief within	10970
thirty days after a notice, order, decision, modification,	10971
vacation, or termination is served upon the person. Filing of the	10972
written request shall toll the time for appeal before the	10973
commission, but shall not operate as a stay of any order, notice	10974
of violation, or decision of the chief. The chief's determination	10975
of an informal review is appealable to the commission under this	10976
section.	10977

(B) The commission shall affirm the notice of violation,	10978
order, or decision of the chief unless the commission determines	10979
that it is arbitrary, capricious, or otherwise inconsistent with	10980
law; in that case the commission may modify the notice of	10981
violation, order, or decision or vacate it and remand it to the	10982
chief for further proceedings that the commission may direct.	10983

The commission shall conduct hearings and render decisions in	10984
a timely fashion, except that all of the following apply:	10985

(1) When the appeal concerns an order for the cessation of	10986
coal mining and reclamation operations issued pursuant to division	10987
(D)(1) or (2) of section 1513.02 of the Revised Code, the	10988
commission shall issue its written decision within thirty days	10989
after the receipt of the appeal unless temporary relief has been	10990
granted by the chairperson pursuant to division (C) of this	10991
section.	10992

(2) When the appeal concerns an application for a permit	10993
under division (I) of section 1513.07 of the Revised Code, the	10994
commission shall hold a hearing within thirty days after receipt	10995
of the notice of appeal and issue its decision within thirty days	10996
after the hearing.	10997

(3) When the appeal concerns a decision of the chief	10998
regarding release of bond under division (F) of section 1513.16 of	10999
the Revised Code, the commission shall hold a hearing within	11000
thirty days after receipt of the notice of appeal and issue its	11001
decision within sixty days after the hearing.	11002

(4) When the appeal concerns a decision of the chief	11003
regarding the location of a well in a coal bearing township under	11004
section 1509.08 of the Revised Code, the commission shall hold a	11005
hearing and issue its decision within thirty days after receipt of	11006
the notice of appeal.	11007

(C) The chairperson of the commission, under conditions the	11008
chairperson prescribes, may grant temporary relief the chairperson	11009
considers appropriate pending final determination of an appeal if	11010
all of the following conditions are met:	11011

(1) All parties to the appeal have been notified and given	11012
an opportunity for a hearing to be held in the locality of the	11013
subject site on the request for temporary relief and the	11014
opportunity to be heard on the request.	11015

(2) The person requesting relief shows that there is a	11016
substantial likelihood that the person will prevail on the merits.	11017

(3) The relief will not adversely affect public health or	11018
safety or cause significant imminent environmental harm to land,	11019
air, or water resources.	11020

The chairperson shall issue a decision expeditiously, except	11021
that when the applicant requests relief from an order for the	11022
cessation of coal mining and reclamation operations issued	11023
pursuant to division (D)(1) or (2) of section 1513.02 of the	11024
Revised Code, the decision shall be issued within five days after	11025
its receipt.	11026

Any party to an appeal filed with the commission who is	11027
aggrieved or adversely affected by a decision of the chairperson	11028
to grant or deny temporary relief under this section may appeal	11029
that decision to the commission. The commission may confine its	11030
review to the record developed at the hearing before the	11031
chairperson.	11032

The appeal shall be filed with the commission within thirty	11033
days after the chairperson issues the decision on the request for	11034
temporary relief. The commission shall issue a decision as	11035
expeditiously as possible, except that when the appellant requests	11036
relief from an order for the cessation of coal mining and	11037
reclamation operations issued pursuant to division (D)(1) or (2)	11038
of section 1513.02 of the Revised Code, the decision of the	11039
commission shall be issued within five days after receipt of the	11040
notice of appeal.	11041

The commission shall affirm the decision of the chairperson	11042
granting or denying temporary relief unless it determines that the	11043
decision is arbitrary, capricious, or otherwise inconsistent with	11044
law.	11045

(D) Following the issuance of an order to show cause as to	11046
why a permit should not be suspended or revoked pursuant to	11047
division (D)(3) of section 1513.02 of the Revised Code, the chief	11048
or a representative of the chief shall hold a public adjudicatory	11049
hearing after giving written notice of the time, place, and date	11050
thereof. The hearing shall be of record.	11051

Within sixty days following the public hearing, the chief	11052
shall issue and furnish to the permittee and all other parties to	11053
the hearing a written decision, and the reasons therefor,	11054
concerning suspension or revocation of the permit. If the chief	11055
revokes the permit, the permittee immediately shall cease coal	11056
mining operations on the permit area and shall complete	11057
reclamation within a period specified by the chief, or the chief	11058
shall declare as forfeited the performance bonds for the	11059
operation.	11060

(E)(1) Whenever an enforcement order or permit decision is	11061
appealed under this section or any action is filed under division	11062
(B) of section 1513.15 or 1513.39 of the Revised Code, at the	11063
request of a prevailing party, a sum equal to the aggregate amount	11064
of all costs and expenses, including attorney's fees, as	11065
determined to have been necessary and reasonably incurred by the	11066
prevailing party for or in connection with participation in the	11067
enforcement proceedings before the commission, the court under	11068
section 1513.15 of the Revised Code, or the chief under section	11069
1513.39 of the Revised Code, may be awarded, as considered proper,	11070
in accordance with divisions (E)(1)(a) to (c) of this section. In	11071
no event shall attorney's fees awarded under this section exceed,	11072
for the kind and quality of services, the prevailing market rates	11073
at the time the services were furnished under division (A) of this	11074
section. A party may be entitled to costs and expenses related	11075
solely to the preparation, defense, and appeal of a petition for	11076
costs and expenses, provided that the costs and expenses are	11077
limited and proportionate to costs and expenses otherwise allowed	11078
under division (E) of this section.	11079

(a) A party, other than the permittee or the division of	11080
mineral resources management, shall file a petition, if any, for	11081
an award of costs and expenses, including attorney's fees, with	11082
the chief, who shall review the petition. If the chief finds that	11083
the party, other than the permittee or the division, prevailed in	11084
whole or in part, made a substantial contribution to a full and	11085
fair determination of the issues, and made a contribution separate	11086
and distinct from the contribution made by any other party, the	11087
chief may award to that party the party's costs and expenses,	11088
including attorney's fees that were necessary and reasonably	11089
incurred by the party for, or in connection with, participation in	11090
the proceeding before the commission.	11091

(b) If a permittee who made a request under division (E)(1)	11092
of this section demonstrates that a party other than a permittee	11093
who initiated an appeal under this section or participated in such	11094
an appeal initiated or participated in the appeal in bad faith and	11095
for the purpose of harassing or embarrassing the permittee, the	11096
permittee may file a petition with the chief. The chief may award	11097
to the permittee the costs and expenses reasonably incurred by the	11098
permittee in connection with participation in the appeal and	11099
assess those costs and expenses against the party who initiated	11100
the appeal.	11101

(c) The division may file, with the commission, a request	11102
for an award to the division of the costs and expenses reasonably	11103
incurred by the division in connection with an appeal initiated	11104
under this section. The commission may assess those costs and	11105
expenses against the party who initiated the appeal if the	11106
division demonstrates that the party initiated or participated in	11107
the appeal in bad faith and for the purpose of harassing or	11108
embarrassing the division.	11109

(2) Whenever an order issued under this section or as a	11110
result of any administrative proceeding under this chapter is the	11111
subject of judicial review, at the request of any party, a sum	11112
equal to the aggregate amount of all costs and expenses, including	11113
attorney's fees, as determined by the court to have been necessary	11114
and reasonably incurred by the party for or in connection with	11115
participation in the proceedings, may be awarded to either party,	11116
in accordance with division (E)(1) of this section, as the court,	11117
on the basis of judicial review, considers proper.	11118

Sec. 1513.14.  (A) Any party aggrieved or adversely affected	11119
by a decision of the reclamation commission may appeal to the	11120
court of appeals for the county in which the activity addressed by	11121
the decision of the commission occurred, is occurring, or will	11122
occur, which court has exclusive jurisdiction over the appeal. The	11123
appeal shall be filed within thirty days of issuance of the	11124
decision of the commission. The court shall confine its review to	11125
the record certified by the commission. The court may, upon	11126
motion, grant such temporary relief as it deems considers	11127
appropriate pending final disposition of the appeal if all of the	11128
following apply:	11129

(1) All parties to the appeal have been notified and given	11130
an opportunity to be heard on a request for temporary relief;.	11131

(2) The person requesting the relief shows that there is a	11132
substantial likelihood that the person will prevail on the merits;	11133
and.	11134

(3) The relief will not adversely affect public health or	11135
safety or the health or safety of miners or cause significant	11136
imminent environmental harm to land, air, or water resources.	11137

The court shall affirm the decision of the commission unless	11138
the court determines that it is arbitrary, capricious, or	11139
otherwise inconsistent with law, in which case the court shall	11140
vacate the decision and remand to the commission for such further	11141
proceedings as it may direct.	11142

(B) Any order of the chief of the division of mineral	11143
resources management adopting a rule shall be subject to judicial	11144
review in the Franklin county court of appeals, which court has	11145
exclusive original jurisdiction to review the order. A petition	11146
for review of the order shall be filed within thirty days from the	11147
date of such order. The petition may be made by any person who	11148
participated in the rule-making proceedings and who is aggrieved	11149
by the order. The court shall confine its review to the record of	11150
the rule-making proceedings. The order shall be affirmed unless	11151
the court concludes that the order is arbitrary, capricious, or	11152
otherwise inconsistent with law, in which case the court shall	11153
vacate the order or portion thereof and remand to the chief for	11154
such further proceedings as it may direct.	11155

Sec. 1514.11.  In addition to the purposes authorized in	11156
section 1514.06 of the Revised Code, the chief of the division of	11157
mineral resources management may use moneys in the surface mining	11158
fund created under that section for the administration and	11159
enforcement of this chapter, for the reclamation of land affected	11160
by surface mining under a permit issued under this chapter that	11161
the operator failed to reclaim and for which the performance bond	11162
filed by the operator is insufficient to complete the reclamation,	11163
and for the reclamation of land affected by surface mining that	11164
was abandoned and left unreclaimed and for which no permit was	11165
issued or bond filed under this chapter, and for the mine safety	11166
and first aid classes provided under division (C) of section	11167
1561.26 of the Revised Code. The chief, with the approval of the	11168
director of natural resources, annually shall determine the	11169
amounts to be expended for the mine safety and first aid classes.	11170
For purposes of this section, the chief shall expend moneys in the	11171
fund in accordance with the procedures and requirements	11172
established in section 1514.06 of the Revised Code and may enter	11173
into contracts and perform work in accordance with that section.	11174

Fees collected under sections 1514.02 and 1514.03 of the	11175
Revised Code, one-half of the moneys collected from the severance	11176
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	11177
the Revised Code, and all of the moneys collected from the	11178
severance tax levied under division (A)(7) of section 5749.02 of	11179
the Revised Code shall be credited to the fund in accordance with	11180
those sections. Notwithstanding any section of the Revised Code	11181
relating to the distribution or crediting of fines for violations	11182
of the Revised Code, all fines imposed under section 1514.99 of	11183
the Revised Code shall be credited to the fund.	11184

Sec. 1517.05.  The department of natural resources, for and	11185
on behalf of the state, shall acquire a system of nature preserves	11186
for the following uses and purposes:	11187

(A) For scientific research in such fields as ecology,	11188
taxonomy, genetics, forestry, pharmacology, agriculture, soil	11189
science, geology, paleontology, conservation, and similar fields;	11190

(B) For the teaching of biology, natural history, ecology,	11191
geology, conservation, and other subjects;	11192

(C) As habitats for plant and animal species and communities	11193
and other natural objects;	11194

(D) As reservoirs of natural materials;

11195

(E) As places of natural interest and beauty;

11196

(F) For visitation whereby persons may observe and	11197
experience natural biotic and environmental systems of the earth	11198
and their processes;	11199

(G) To promote understanding and appreciation of the	11200
aesthetic, cultural, scientific, and spiritual values of such	11201
areas by the people of the state;	11202

(H) For the preservation and protection of nature preserves	11203
against modification or encroachment resulting from occupation,	11204
development, or other use which that would destroy their natural	11205
or aesthetic conditions.	11206

The director of natural resources, upon the advice and	11207
concurrence of the Ohio natural areas council, shall accept	11208
natural areas by articles of dedication or gift, provided that	11209
funds and services are available for their preservation and	11210
protection.	11211

A nature preserve is established when articles of dedication	11212
have been filed by or at the direction of the owner of land, or a	11213
governmental agency having ownership or control thereof, in the	11214
office of the county recorder of the county in which the land is	11215
located.	11216

Articles of dedication shall be executed by the owner of the	11217
land in the same manner and with the same effect as a conveyance	11218
of an interest in land and shall be irrevocable except as provided	11219
in this section. The county recorder may not accept articles of	11220
dedication for recording unless they have been accepted by the	11221
director of natural resources. The director may not accept	11222
articles of dedication unless they contain terms restricting the	11223
use of the land which that adequately provide for its preservation	11224
and protection against modification or encroachment resulting from	11225
occupation, development, or other use which that would destroy its	11226
natural or aesthetic conditions for one or more of the uses and	11227
purposes set forth in this section. Wherever possible and	11228
consistent with such preservation and protection of the land, the	11229
articles shall provide for public access in order that the maximum	11230
benefit be obtained for the uses and purposes stated in this	11231
section.	11232

Articles of dedication may contain provisions for the	11233
management, custody, and transfer of land, provisions defining the	11234
rights of the owner or operating agency, and the department, and	11235
such other provisions as may be necessary or advisable to carry	11236
out the uses and purposes for which the land is dedicated. They	11237
may contain conditions under which the owner and the director of	11238
natural resources may agree to rescind the articles.	11239

The attorney general, upon request of the director of natural	11240
resources, may bring an action for injunction in any court of	11241
competent jurisdiction to enforce the terms of articles of	11242
dedication.	11243

The department may make or accept amendments of any articles	11244
of dedication upon terms and conditions that the director of	11245
natural resources determines will not destroy the natural or	11246
aesthetic conditions of a preserve, including amendments that	11247
provide for the relocation of an existing easement or other	11248
encumbrance within the boundaries of a preserve. The relocation	11249
of an existing easement or encumbrance does not constitute the	11250
destruction of the natural or aesthetic conditions of a preserve.	11251
If the fee simple interest in the area or preserve is not held by	11252
the state, no amendments shall be made without the written consent	11253
of the owner. Each amendment shall be recorded in the same manner	11254
as the articles of dedication.	11255

Sec. 1517.06.  (A) Nature preserves dedicated under section	11256
1517.05 of the Revised Code are to be held in trust, for the uses	11257
and purposes set forth in that section 1517.05 of the Revised	11258
Code, for the benefit of the people of the state of present and	11259
future generations. They shall be managed and protected in the	11260
manner approved by, and subject to rules established by the chief	11261
of the division of natural areas and preserves. They shall not be	11262
taken for any other use except another public use after a finding	11263
by the department of natural resources of the existence of an	11264
imperative and unavoidable public necessity for such other public	11265
use and with the approval of the governor. Except as may	11266
otherwise be provided in the articles of dedication, the	11267
department may grant, upon such terms and conditions as it may	11268
determine, an estate, interest, or right in, or dispose of, a	11269
nature preserve, but only after a finding by the department of the	11270
existence of an imperative and unavoidable public necessity for	11271
such the grant or disposition and with the approval of the	11272
governor.	11273

(B) For purposes of this section, the relocation of an	11274
existing easement or other encumbrance within the boundaries of a	11275
preserve does not constitute the taking of land for another use.	11276
In addition, the relocation does not require a finding of the	11277
existence of an imperative and unavoidable public necessity by the	11278
department and does not require the approval of the governor.	11279

Sec. 1517.07.  Before (A) Except as provided in division (B)	11280
of this section, before the department of natural resources makes	11281
any finding of the existence of an imperative and unavoidable	11282
public necessity, or grants any estate, interest, or right in a	11283
nature preserve or disposes of a nature preserve or of any estate,	11284
interest, or right therein as provided in section 1517.06 of the	11285
Revised Code, it shall give notice of such the proposed action and	11286
an opportunity for any person to be heard at a public hearing in	11287
the county in which the preserve is located. In the event the	11288
preserve is located in more than one county, the public hearing	11289
shall be held in the most populous county. Such The notice shall	11290
be published at least once in a newspaper with a general	11291
circulation in the county in which the nature preserve is located.	11292
The notice shall set forth the substance of the proposed action	11293
and describe, with or without legal description, the nature	11294
preserve affected, and shall specify a place and time not less	11295
than thirty days after such the publication for a public hearing	11296
before the department on such the proposed action. All persons	11297
desiring to be heard shall have a reasonable opportunity to be	11298
heard prior to action by the department on such the proposal.	11299

(B) A public hearing under this section is not required for	11300
the relocation of an existing easement or encumbrance within the	11301
boundaries of a preserve.	11302

Sec. 1521.04.  The chief of the division of water, with the	11303
approval of the director of natural resources, may make loans and	11304
grants from the water management fund created in section 1501.32	11305
of the Revised Code to governmental agencies for water management,	11306
water supply improvements, and planning and may administer grants	11307
from the federal government and from other public or private	11308
sources for carrying out those functions and for the performance	11309
of any acts that may be required by the United States or by any	11310
agency or department thereof as a condition for the participation	11311
by any governmental agency in any federal financial or technical	11312
assistance program. Direct and indirect costs of administration	11313
may be paid from the water management fund.	11314

The chief may use the water management fund to acquire,	11315
construct, reconstruct, improve, equip, maintain, operate, and	11316
dispose of water management improvements. The chief may fix,	11317
alter, charge, and collect rates, fees, rentals, and other charges	11318
to be paid into the water management fund by governmental agencies	11319
and persons who are supplied with water by facilities constructed	11320
or operated by the department of natural resources in order to	11321
amortize and defray the cost of the construction, maintenance, and	11322
operation of those facilities. This section does not apply to the	11323
Burr Oak water system administered by the chief engineer of the	11324
department of natural resources under sections 1507.01 and 1507.12	11325
of the Revised Code.	11326

Sec. 1521.19. (A) There is hereby created the Ohio water	11327
resources council consisting of the directors of agriculture,	11328
development, environmental protection, health, natural resources,	11329
transportation, and the Ohio public works commission, the	11330
chairperson of the public utilities commission of Ohio, the	11331
executive directors of the state and local government commission	11332
of Ohio and the Ohio water development authority, and an executive	11333
assistant in the office of the governor appointed by the governor.	11334
The governor shall appoint one of the members of the council to	11335
serve as its chairperson. The council may adopt bylaws that are	11336
necessary for the implementation of this section. The council	11337
shall provide a forum for policy development, collaboration and	11338
coordination among state agencies, and strategic direction with	11339
respect to state water resource programs. The council shall be	11340
assisted in its functions by a state agency coordinating group and	11341
an advisory group as provided in this section.	11342

(B) The state agency coordinating group shall consist of the	11343
executive director of the Ohio Lake Erie commission and a member	11344
or members from each state agency, commission, and authority	11345
represented on the council, to be appointed by the applicable	11346
director, chairperson, or executive director. However, the	11347
environmental protection agency shall be represented on the group	11348
by the chiefs of the divisions within that agency having	11349
responsibility for surface water programs and drinking and ground	11350
water programs, and the department of natural resources shall be	11351
represented on the group by the chief of the division of water	11352
and the chief of the division of soil and water conservation. The	11353
chairperson of the council shall appoint a leader of the state	11354
agency coordinating group. The group shall provide assistance to	11355
and perform duties on behalf of the council as directed by the	11356
council.	11357

(C) The advisory group shall consist of not more than twenty	11358
members, each representing an organization or entity with an	11359
interest in water resource issues. The council shall appoint the	11360
members of the advisory group. Of the initial appointments, not	11361
more than ten members shall be appointed for one-year terms, and	11362
not more than ten members shall be appointed for two-year terms.	11363
Thereafter, all advisory group members shall serve two-year terms.	11364
Members may be reappointed. Each member shall hold office from	11365
the date of the member's appointment until the end of the member's	11366
term. A member shall continue in office subsequent to the	11367
expiration date of the member's term until the member's successor	11368
takes office or until a period of sixty days has elapsed,	11369
whichever occurs first. The council may remove a member for	11370
misfeasance, nonfeasance, or malfeasance in office. The council	11371
shall appoint members to fill any vacancies on the group. A	11372
member appointed to fill a vacancy shall hold office for the	11373
remainder of the term for which that member was appointed.	11374

The chairperson of the council shall appoint a chairperson of	11375
the advisory group. The advisory group shall advise the council	11376
on water resources issues addressed by the council.	11377

(D) There is hereby created in the state treasury the Ohio	11378
water resources council fund. The department of natural resources	11379
shall serve as the fiscal agent for the fund. The departments of	11380
agriculture, development, environmental protection, health,	11381
natural resources, and transportation shall transfer moneys to the	11382
fund in equal amounts via intrastate transfer voucher. The public	11383
utilities commission of Ohio, Ohio public works commission, state	11384
and local government commission of Ohio, and Ohio water	11385
development authority may transfer moneys to the fund. If a	11386
voluntary transfer of moneys is made to the fund, the portion that	11387
is required to be transferred by the departments of agriculture,	11388
development, environmental protection, health, natural resources,	11389
and transportation may be equally reduced. Moneys in the fund	11390
shall be used to pay the operating expenses of the Ohio water	11391
resources council, including those specified in division (E) of	11392
this section.	11393

(E) The Ohio water resources council may hire staff to	11394
support its activities. The council may enter into contracts and	11395
agreements with state agencies, political subdivisions, and	11396
private entities to assist in accomplishing its objectives.	11397
Advisory group members shall be reimbursed for expenses	11398
necessarily incurred in the performance of their duties pursuant	11399
to section 126.31 of the Revised Code and any applicable rules	11400
pertaining to travel reimbursement adopted by the office of budget	11401
and management.	11402

Sec. 1531.35.  The wildlife boater angler fund is hereby	11403
created in the state treasury. The fund shall consist of money	11404
credited to the fund pursuant to section 5735.051 of the Revised	11405
Code and other money contributed to the division of wildlife for	11406
the purposes of the fund. The fund may shall be used for boating	11407
access construction, capital improvements, grant programs for	11408
boating and fishing access, maintenance, and development on lakes	11409
on which the operation of gasoline-powered watercraft is	11410
permissible.	11411

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	11412
stamps, deer and wild turkey permits, and fur taker permits shall	11413
be issued by the clerk of the court of common pleas, village and	11414
township clerks, and other authorized agents designated by the	11415
chief of the division of wildlife. When required by the chief, a	11416
clerk or agent shall give bond in the manner provided by the	11417
chief. All bonds, reports, except records prescribed by the	11418
auditor of state, and moneys received by those persons shall be	11419
handled under rules adopted by the director of natural resources.	11420

The premium of any fidelity bond prescribed under section	11421
9.832 of the Revised Code or of any bond prescribed by the chief	11422
under this section may be paid by the chief. Any person who is	11423
designated and authorized by the chief to issue licenses, stamps,	11424
and permits as provided in this section, except the clerk of the	11425
court of common pleas and the village and township clerks, shall	11426
pay to the chief a premium in an amount that represents the	11427
person's portion of the premium paid by the chief under this	11428
section, which amount shall be established by the chief and	11429
approved by the wildlife council created under section 1531.03 of	11430
the Revised Code. The chief shall pay all moneys that the chief	11431
receives as premiums under this section into the state treasury to	11432
the credit of the wildlife fund created under section 1531.17 of	11433
the Revised Code.	11434

Every authorized agent, for the purpose of issuing hunting	11435
and fishing licenses, deer and wild turkey permits, and fur taker	11436
permits, may administer oaths to and take affidavits from	11437
applicants for the licenses or permits when required. An	11438
authorized agent may appoint deputies to perform any acts that the	11439
agent is authorized to perform, consistent with division rules.	11440

Every applicant for a hunting or fishing license, deer or	11441
wild turkey permit, or fur taker permit, unless otherwise provided	11442
by division rule, shall make and subscribe an affidavit setting	11443
forth the applicant's name, age, weight, height, occupation, place	11444
of residence, personal description, and citizenship. The clerk or	11445
other agent authorized to issue licenses and permits shall charge	11446
each applicant a fee of one dollar for taking the affidavit and	11447
issuing the license or permit. The application, license, permit,	11448
and other blanks required by this section shall be prepared and	11449
furnished by the chief, in such form as the chief provides, to the	11450
clerk or other agent authorized to issue them. The licenses and	11451
permits shall be issued to applicants by the clerk or other agent.	11452
The record of licenses and permits kept by the clerk and other	11453
authorized agents shall be uniform throughout the state and in	11454
such form or manner as the auditor of state prescribes and shall	11455
be open at all reasonable hours to the inspection of any person.	11456
Unless otherwise provided by division rule, each hunting license,	11457
deer or wild turkey permit, and fur taker permit issued shall	11458
remain in force until midnight of the thirty-first day of August	11459
next ensuing. Application for any such license or permit may be	11460
made and a license or permit issued prior to the date upon which	11461
it becomes effective.	11462

The chief may require an applicant who wishes to purchase a	11463
license, stamp, or permit by mail or telephone to pay a nominal	11464
fee for postage and handling.	11465

The court before whom a violator of any laws or division	11466
rules for the protection of wild animals is tried, as a part of	11467
the punishment, shall revoke the license, stamp, or permit of any	11468
person convicted. The license, stamp, or permit fee paid by that	11469
person shall not be returned to the person. The person shall not	11470
procure or use any other license, stamp, or permit or engage in	11471
hunting wild animals or trapping fur-bearing animals during the	11472
period of revocation as ordered by the court.	11473

No person under sixteen years of age shall engage in hunting	11474
unless accompanied by the person's parent or another adult person.	11475

Sec. 1547.67.  The division of watercraft, with the approval	11476
of the director of natural resources, may expend, for the purpose	11477
of assisting political subdivisions, conservancy districts, and	11478
state departments to establish or maintain and operate a marine	11479
patrol for the purpose of enforcing this chapter and Chapter 1548.	11480
of the Revised Code and rules adopted under them and to provide	11481
emergency response to boating accidents on the water, such funds	11482
as are appropriated by the general assembly for that purpose and,	11483
in addition, such moneys from the waterways safety fund	11484
established in section 1547.75 of the Revised Code as determined	11485
to be necessary by the division not to exceed ten per cent of all	11486
moneys accruing to the fund. In no case shall the grant to a	11487
political subdivision, conservancy district, or state department,	11488
not including the department of natural resources, total more than	11489
thirty thirty-five thousand dollars in a calendar year. Moneys so	11490
allocated may be used for the purchase, maintenance, and operation	11491
of vessels and marine equipment, educational materials, and	11492
personnel salaries that are necessary for enforcement of this	11493
chapter and Chapter 1548. of the Revised Code and rules adopted	11494
under them and to provide emergency response to boating accidents	11495
on the water.	11496

The division shall disburse the moneys as provided in this	11497
section in accordance with its determination of need in the	11498
enforcement of this chapter and Chapter 1548. of the Revised Code	11499
and rules adopted under them and shall disburse those moneys only	11500
on a cost share basis to supplement funds allocated by a political	11501
subdivision, conservancy district, or state department for that	11502
purpose. A grantee shall provide at least twenty-five per cent of	11503
the total program cost.	11504

Sec. 1561.05.  The laws relating to mines and mining and	11505
duties and functions of the division of mineral resources	11506
management shall be administered by the chief of the division of	11507
mineral resources management, and through and by deputy mine	11508
inspectors. If a vacancy occurs in the office of a deputy mine	11509
inspector, it may be filled by the chief, who shall select a	11510
qualified person from the eligible list certified to the chief by	11511
the mine examining board for deputy mine inspectors that is	11512
prepared under section 124.24 of the Revised Code.	11513

The chief shall adopt, in accordance with Chapter 119. of the	11514
Revised Code, all necessary rules for conducting examinations and	11515
for governing all other matters requisite to the exercise of the	11516
chief's powers and the performance of the chief's duties under	11517
this chapter and Chapters 1509., 1563., 1565., and 1567. of the	11518
Revised Code relating to mines and mining.	11519

Sec. 1561.07.  The mining laws of this state shall extend to	11520
and govern the operation of clay mines and clay stripping pits in	11521
so far as such laws are applicable thereto. The chief of the	11522
division of mineral resources management shall adopt, publish, and	11523
enforce specific rules particularly applicable to clay mining	11524
operations to safeguard life and property in the clay mining	11525
industry and to secure safe and sanitary working conditions in	11526
such clay mines and clay stripping pits.	11527

Such rules adopted by the chief shall provide that:

11528

(A) Distances between break-throughs in clay mines shall not	11529
exceed one hundred feet, unless permission in special cases is	11530
granted by the chief, after maps have been filed with the chief	11531
showing the method of working and ventilating the same, if such	11532
distances would add to increased safety.	11533

(B) When, in the opinion of the mine foreperson or deputy	11534
mine inspector, line brattices or other approved methods of	11535
circulation are necessary to deliver sufficient air to the working	11536
face, they shall be provided by the owner, operator, or lessee.	11537

(C) Not more than a two days' supply of explosives shall be	11538
stored in a clay mine at any one time, and not more than one	11539
hundred pounds of explosives shall be stored in any one place at	11540
any one time.	11541

(D) Charges of explosives shall be made up at least one	11542
hundred feet away from any storage place for explosives.	11543

(E) There shall be no less than two persons in each working	11544
place when shots are being lighted.	11545

(F) Misfired shots in clay mines shall be posted on the	11546
bulletin board or other conspicuous place available for	11547
examination by the workers when shots are fired by other than the	11548
loaders.	11549

(G) The use of electric blasting caps shall be encouraged as	11550
a safety measure.	11551

The chief, in assigning deputy mine inspectors, shall	11552
designate inspectors who have had experience and are especially	11553
qualified in clay mining operations, to examine and inspect clay	11554
mining operations and enforce the law relating to such operations.	11555

The mine examining board chief, in conducting examinations	11556
and issuing certificates for mine forepersons, shall in its rules	11557
provide by rules adopted under section 1561.05 of the Revised Code	11558
for the examination of applicants for certificates as mine	11559
forepersons in a clay mine or clay stripping pits to test the	11560
applicant on experience and fitness on the problems and duties	11561
peculiar to the clay mining industry. An applicant for a	11562
certificate as a clay mine foreperson shall have at least three	11563
years' experience in mining operations.	11564

Sec. 1561.11.  The mine examining board chief of the division	11565
of mineral resources management, for the purpose of conducting the	11566
examinations for mine foremen forepersons and fire bosses, may	11567
designate one or more examining boards of three members, selected	11568
from among the deputy mine inspectors, superintendent and	11569
assistant superintendents of rescue stations, and electrical	11570
inspectors. The examinations shall be conducted in the district	11571
of the applicant's residence or as near thereto as practicable.	11572
Grading and issuance of certificates shall be done by the board	11573
chief.	11574

Sec. 1561.12.  An applicant for any examination or	11575
certificate under this section shall, before being examined,	11576
register his the applicant's name with the mine examining board	11577
chief of the division of mineral resources management and file	11578
with the board chief an affidavit as to all matters of fact	11579
establishing his the applicant's right to receive the examination,	11580
a certificate of good character and temperate habits signed by at	11581
least three reputable citizens of the community in which he the	11582
applicant resides, and a certificate from a reputable and	11583
disinterested physician as to the physical condition of such	11584
applicant showing that he the applicant is physically capable of	11585
performing the duties of the office or position.	11586

Each applicant for examination for any of the following	11587
positions shall present evidence satisfactory to the board chief	11588
that he the applicant has been a resident and citizen of this	11589
state for two years next preceding the date of application:	11590

(A) An applicant for the position of deputy mine inspector	11591
of underground mines shall have had actual practical experience of	11592
not less than six years, at least two of which shall have been in	11593
the underground workings of coal mines in this state. In the case	11594
of an applicant who would inspect underground coal mines, the two	11595
years shall consist of actual practical experience in underground	11596
coal mines. In the case of an applicant who would inspect noncoal	11597
mines, the two years shall consist of actual practical experience	11598
in noncoal mines. In lieu of two years of the actual practical	11599
experience required, the board chief may accept as the equivalent	11600
thereof a certificate evidencing graduation from an accredited	11601
school of mines or mining, after a four-year course of study, but	11602
such credit shall not apply as to the two years' actual practical	11603
experience required in the coal mines in this state.	11604

He The applicant shall pass an examination as to his the	11605
applicant's practical and technological knowledge of mine	11606
surveying, mining machinery, and appliances; the proper	11607
development and operation of mines; the best methods of working	11608
and ventilating mines; the nature, properties, and powers of	11609
noxious, poisonous, and explosive gases, particularly methane; the	11610
best means and methods of detecting, preventing, and removing the	11611
accumulation of such gases; the use and operation of gas detecting	11612
devices and appliances; first aid to the injured; and the uses and	11613
dangers of electricity as applied and used in, at, and around	11614
mines. Such applicant shall also hold a certificate for foreman	11615
foreperson of gaseous mines issued by the mine examining board	11616
chief.	11617

(B) An applicant for the position of deputy mine inspector	11618
of surface mines shall have had actual practical mining experience	11619
of not less than six years, at least two of which shall have been	11620
in surface coal mines in this state. In lieu of two years of the	11621
actual practical experience required, the board chief may accept	11622
as the equivalent thereof a certificate evidencing graduation from	11623
an accredited school of mines or mining, after a four-year course	11624
of study, but that credit shall not apply as to the two years'	11625
actual practical experience required in the coal mines in this	11626
state. The applicant shall pass an examination as to his the	11627
applicant's practical and technological knowledge of surface mine	11628
surveying, machinery, and appliances; the proper development and	11629
operations of surface mines; first aid to the injured; and the use	11630
and dangers of explosives and electricity as applied and used in,	11631
at, and around surface mines. The applicant shall also hold a	11632
surface mine foreman foreperson certificate issued by the mine	11633
examining board chief.	11634

(C) An applicant for the position of electrical inspector	11635
shall have had at least five years' practical experience in the	11636
installation and maintenance of electrical circuits and equipment	11637
in mines, and he the applicant shall be thoroughly familiar with	11638
the principles underlying the safety features of permissible and	11639
approved equipment as authorized and used in mines.	11640

He The applicant shall be required to pass the examination	11641
required for deputy mine inspectors and an examination testing and	11642
determining his the applicant's qualification and ability to	11643
competently inspect and administer the mining law which that	11644
relates to electricity used in and around mines and mining in this	11645
state.	11646

(D) An applicant for the position of superintendent or	11647
assistant superintendent of rescue stations shall possess the same	11648
qualifications as those required for a deputy mine inspector. In	11649
addition, he the applicant shall present evidence satisfactory to	11650
the board chief that he the applicant is sufficiently qualified	11651
and trained to organize, supervise, and conduct group training	11652
classes in first aid, safety, and rescue work.	11653

He The applicant shall pass the examination required for	11654
deputy mine inspectors and shall be tested as to his the	11655
applicant's practical and technological experience and training in	11656
first aid, safety, and mine rescue work.	11657

(E) An applicant for the position of mine chemist shall have	11658
such educational training as is represented by the degree MS in	11659
chemistry from a university of recognized standing, and at least	11660
five years of actual practical experience in research work in	11661
chemistry or as an assistant chemist. The board chief may provide	11662
that an equivalent combination of education and experience	11663
together with a wide knowledge of the methods of and skill in	11664
chemical analysis and research may be accepted in lieu of the	11665
above qualifications. It is preferred that such chemist shall	11666
have had actual experience in mineralogy and metallurgy.	11667

(F) An applicant for the position of gas storage well	11668
inspector shall possess the same qualifications as an applicant	11669
for the position of deputy mine inspector and shall have a	11670
practical knowledge and experience of and in the operation,	11671
location, drilling, maintenance, and abandonment of oil and gas	11672
wells, especially in coal or mineral bearing townships, and shall	11673
have a thorough knowledge of the latest and best method of	11674
plugging and sealing abandoned oil and gas wells.	11675

Such applicant for gas storage well inspector shall pass an	11676
examination conducted by the board chief to determine his the	11677
applicant's fitness to act as a gas storage well inspector before	11678
being eligible for appointment.	11679

Sec. 1561.13.  The mine examining board chief of the division	11680
of mineral resources management shall conduct examinations for	11681
offices and positions in the division of mineral resources	11682
management, and for mine forepersons, mine electricians, shot	11683
firers, surface mine blasters, and fire bosses, as follows:	11684

(A) Division of mineral resources management:

11685

(1) Deputy mine inspectors of underground mines;

11686

(2) Deputy mine inspectors of surface mines;

11687

(3) Electrical inspectors;

11688

(4) Superintendent of rescue stations;

11689

(5) Assistant superintendents of rescue stations;

11690

(6) Mine chemists at a division laboratory if the chief of	11691
the division of mineral resources management chooses to operate a	11692
laboratory;	11693

(7) Gas storage well inspector.

11694

(B) Mine forepersons:

11695

(1) Mine foreperson of gaseous mines;

11696

(2) Mine foreperson of nongaseous mines;

11697

(3) Mine foreperson of surface mines.

11698

(C) Forepersons:

11699

(1) Foreperson of gaseous mines;

11700

(2) Foreperson of nongaseous mines;

11701

(3) Foreperson of surface maintenance facilities at	11702
underground or surface mines;	11703

(4) Foreperson of surface mines.

11704

(D) Fire bosses.

11705

(E) Mine electricians.

11706

(F) Surface mine blasters.

11707

(G) Shot firers.

11708

The board shall hold such meetings as are necessary for the	11709
proper discharge of its duties.	11710

The board chief annually shall meet annually at the capitol,	11711
as prescribed by its rules, provide for the examination of	11712
candidates for appointment or promotion as deputy mine inspectors	11713
and such other positions and offices set forth in division (A) of	11714
this section as are necessary. Special examinations may be held	11715
whenever it becomes necessary to make appointments to any of those	11716
positions.	11717

For The chief shall provide for the examination of persons	11718
seeking certificates of competency as mine forepersons,	11719
forepersons, mine electricians, shot firers, surface mine	11720
blasters, and fire bosses, the board shall hold meetings,	11721
quarterly or more often as required, at such times and places	11722
within the state as shall, in the judgment of the members chief,	11723
afford the best facilities to the greatest number of applicants.	11724
Public notice shall be given through the press or otherwise, not	11725
less than ten days in advance, announcing the time and place at	11726
which examinations under this section are to be held.	11727

The examinations provided for in this section shall be	11728
conducted under rules adopted under section 1561.05 of the Revised	11729
Code and conditions prescribed by the board chief. Such rules	11730
shall be made a part of the permanent record of the board, and	11731
such of them as Any rules that relate to particular candidates	11732
shall, upon application of any candidate, be furnished to the	11733
candidate by the board chief; they shall also be of uniform	11734
application to all candidates in the several groups.	11735

Sec. 1561.14.  A person who applies for a certificate as a	11736
mine electrician shall be able to read and write the English	11737
language, and prior to the date of the application for examination	11738
either shall have had at least one year's experience in performing	11739
electrical work underground in a coal mine, in the surface work	11740
area of an underground coal mine, in a surface coal mine, or in a	11741
noncoal mine, or shall have had such experience as the mine	11742
examining board chief of the division of mineral resources	11743
management determines to be equivalent. Each applicant for	11744
examination shall pay a fee of ten dollars to the board chief on	11745
the first day of the examination. Any moneys collected under this	11746
section shall be paid into the state treasury to the credit of the	11747
mining regulation fund created in section 1561.48 of the Revised	11748
Code.	11749

Sec. 1561.15.  An applicant for a certificate as mine foreman	11750
foreperson, foreman foreperson, mine electrician, shot firer,	11751
surface mine blaster, or fire boss shall apply to the mine	11752
examining board chief of the division of mineral resources	11753
management for examination and shall be examined by the board	11754
chief. This shall be a practical examination, a substantial part	11755
of which shall be oral, to determine the competency of the	11756
applicant, based on experience and practical knowledge of the	11757
dangers incident to coal mining, and not upon technical education,	11758
but consideration shall be given such technical education as the	11759
applicant possesses. This examination shall be held as soon after	11760
application is made as practicable in the district from which the	11761
applicant makes application.	11762

Sec. 1561.16.  (A) As used in this section and sections	11763
1561.17 to 1561.21 of the Revised Code, "actual practical	11764
experience" means previous employment that involved a person's	11765
regular presence in the type of mining operation in which the	11766
experience is required to exist; participation in functions	11767
relating to the hazards involved in and the utilization of	11768
equipment, tools, and work crews and individuals for that type of	11769
mining; and regular exposure to the methods, procedures, and	11770
safety laws applicable to that type of mining. Credit of up to	11771
one year for a portion of the required experience time may be	11772
given upon documentation to the mine examining board chief of the	11773
division of mineral resources management of an educational degree	11774
in a field related to mining. Credit of up to two years of the	11775
required experience time may be given upon presentation to the	11776
mine examining board chief of proof of graduation from an	11777
accredited school of mines or mining after a four-year course of	11778
study with employment in the mining industry during interim breaks	11779
during the school years.	11780

(B) A person who applies for a certificate as a mine foreman	11781
foreperson of gaseous mines shall be able to read and write the	11782
English language; shall have had at least five years' actual	11783
practical experience in the underground workings of a gaseous mine	11784
or the equivalent thereof in the judgment of the mine examining	11785
board chief; and shall have had practical experience obtained by	11786
actual contact with gas in mines and have knowledge of the dangers	11787
and nature of noxious and explosive gases and ventilation of	11788
gaseous mines. An applicant for a certificate as a foreman	11789
foreperson of gaseous mines shall meet the same requirements,	11790
except that the applicant shall have had at least three years'	11791
actual practical experience in the underground workings of a	11792
gaseous mine or the equivalent thereof in the judgment of the mine	11793
examining board chief. Each applicant for examination shall pay a	11794
fee of ten dollars to the board chief on the first day of such	11795
examination. Any moneys collected under this section shall be	11796
paid into the state treasury to the credit of the mining	11797
regulation fund created in section 1561.48 of the Revised Code.	11798

Sec. 1561.17.  A person who applies for a certificate as mine	11799
foreman foreperson or foreman foreperson of nongaseous mines shall	11800
be able to read and write the English language; shall have had at	11801
least three years' actual practical experience in mines, or the	11802
equivalent thereof in the judgment of the mine examining board	11803
chief of the division of mineral resources management; and shall	11804
have knowledge of the dangers and nature of noxious gases. Each	11805
applicant for examination shall pay a fee of ten dollars to the	11806
board chief on the first day of the examination. Any moneys	11807
collected under this section shall be paid into the state treasury	11808
to the credit of the mining regulation fund created in section	11809
1561.48 of the Revised Code.	11810

Sec. 1561.18.  A person who applies for a certificate as a	11811
foreman foreperson of surface maintenance facilities at	11812
underground or surface mines shall be able to read and write the	11813
English language and shall have had at least three years' actual	11814
practical experience in or around the surface maintenance	11815
facilities of underground or surface mines or the equivalent	11816
thereof in the judgment of the mine examining board chief of the	11817
division of mineral resources management. Each applicant for	11818
examination shall pay a fee of ten dollars to the board chief on	11819
the first day of the examination. Any moneys collected under this	11820
section shall be paid into the state treasury to the credit of the	11821
mining regulation fund created in section 1561.48 of the Revised	11822
Code.	11823

Sec. 1561.19.  A person who applies for a certificate as a	11824
mine foreman foreperson of surface mines shall be able to read and	11825
write the English language and shall have had at least five years'	11826
actual practical experience in surface mines. An applicant for a	11827
certificate as a foreman foreperson of surface mines shall meet	11828
the same requirements, except that the applicant shall have had at	11829
least three years' actual practical experience in surface mines or	11830
the equivalent thereof in the judgment of the mine examining board	11831
chief of the division of mineral resources management. Each	11832
applicant for examination shall pay a fee of ten dollars to the	11833
board chief on the first day of the examination. Any moneys	11834
collected under this section shall be paid into the state treasury	11835
to the credit of the mining regulation fund created in section	11836
1561.48 of the Revised Code.	11837

Sec. 1561.20.  A person who applies for a certificate as a	11838
surface mine blaster shall be able to read and write the English	11839
language; shall have had at least one year's actual practical	11840
experience in surface mines or the equivalent thereof in the	11841
judgment of the mine examining board chief of the division of	11842
mineral resources management; shall have knowledge of the dangers	11843
and nature of the use of explosives, related equipment, and	11844
blasting techniques; and shall have knowledge of safety laws and	11845
rules, including those related to the storage, use, and	11846
transportation of explosives. Each applicant for examination	11847
shall pay a fee of ten dollars to the board chief on the first day	11848
of the examination. Any moneys collected under this section shall	11849
be paid into the state treasury to the credit of the mining	11850
regulation fund created in section 1561.48 of the Revised Code.	11851

Sec. 1561.21.  A person who applies for a certificate as a	11852
shot firer shall be able to read and write the English language;	11853
shall have had at least one year's actual practical experience in	11854
the underground workings of mines or the equivalent thereof in the	11855
judgment of the mine examining board chief of the division of	11856
mineral resources management; shall have knowledge of the dangers	11857
and nature of noxious and explosive gases; shall have knowledge of	11858
the dangers and nature of the use of explosives, related	11859
equipment, and blasting techniques; and shall have knowledge of	11860
safety laws and rules, including those related to the underground	11861
storage, use, and transportation of explosives. Each applicant	11862
for examination shall pay a fee of ten dollars to the board chief	11863
on the first day of the examination. Any moneys collected under	11864
this section shall be paid into the state treasury to the credit	11865
of the mining regulation fund created in section 1561.48 of the	11866
Revised Code.	11867

Any person who possesses a mine foreman foreperson or foreman	11868
foreperson certificate issued by the mine examining board chief	11869
shall be considered certified as a shot firer.	11870

Sec. 1561.22.  A person who applies for a certificate as fire	11871
boss shall be able to read and write the English language; shall	11872
have had at least three years' actual practical experience in the	11873
underground workings of a gaseous mine or the equivalent thereof	11874
in the judgment of the mine examining board chief of the division	11875
of mineral resources management; and shall have knowledge of the	11876
dangers and nature of noxious and explosive gases gained by actual	11877
contact with gas in mines and ventilation of gaseous mines. Each	11878
applicant for examination shall pay a fee of ten dollars to the	11879
board chief on the first day of the examination. Any moneys	11880
collected under this section shall be paid into the state treasury	11881
to the credit of the mining regulation fund created in section	11882
1561.48 of the Revised Code.	11883

Sec. 1561.23.  The mine examining board chief of the division	11884
of mineral resources management shall issue the following	11885
certificates to those applicants who pass their examination:	11886

(A) Certificates for mine foremen forepersons of gaseous	11887
mines;	11888

(B) Certificates for mine foremen forepersons of nongaseous	11889
mines;	11890

(C) Certificates for foremen forepersons of gaseous mines;

11891

(D) Certificates for foremen forepersons of nongaseous	11892
mines;	11893

(E) Certificates for foremen forepersons of surface	11894
maintenance facilities of underground or surface mines;	11895

(F) Certificates for mine foremen forepersons of surface	11896
mines;	11897

(G) Certificates for foremen forepersons of surface mines;

11898

(H) Certificates for fire bosses;

11899

(I) Certificates for mine electricians;

11900

(J) Certificates for surface mine blasters;

11901

(K) Certificates for shot firers.

11902

Applicants for certificates shall make application to the	11903
board chief, on a form provided by it the chief, for examination.	11904
All applicants shall be able to read and write the English	11905
language intelligently, and shall furnish the board chief with a	11906
certificate as to their character, length and description of their	11907
practical experience, and satisfactory evidence of their ability	11908
to perform the duties of the position for which they make	11909
application for examination.	11910

Any certificate issued by the former mine examining board	11911
prior to the effective date of this amendment October 29, 1995,	11912
shall remain in effect notwithstanding the new classifications of	11913
certificates established by this amendment section.	11914

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	11915
"EMT-I," and "paramedic" have the same meanings as in section	11916
4765.01 of the Revised Code.	11917

(B) The superintendent of rescue stations, with the approval	11918
of the chief of the division of mineral resources management,	11919
shall, at each rescue station provided for in section 1561.25 of	11920
the Revised Code, train and employ rescue crews of six members	11921
each, one of whom shall hold a mine foreperson or fire boss	11922
certificate and be designated captain, and train and employ any	11923
number of such rescue crews as the superintendent believes	11924
necessary. One member of a rescue crew shall be certified as an	11925
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	11926
shall devote the time specified by the chief each month for	11927
training purposes and shall be available at all times to assist in	11928
rescue work at explosions, mine fires, and other emergencies.	11929

A captain of mine rescue crews shall receive for service as	11930
captain the sum of twenty-four dollars per month, and each member	11931
shall receive the sum of twenty dollars per month, all payable on	11932
requisition approved by the chief. When engaged in rescue work at	11933
explosions, mine fires, or other emergencies away from their	11934
station, the members of the rescue crews and captains of the same	11935
shall be paid the sum of six dollars per hour for work on the	11936
surface, which includes the time consumed by such those members in	11937
traveling to and from the scene of such the emergency when such	11938
the scene is away from the station of such the members, and the	11939
sum of seven dollars per hour for all work underground at such the	11940
emergency, and in addition thereto, the necessary living expenses	11941
of such the members when such the emergency is away from their	11942
home station, all payable on requisition approved by the chief.	11943

Each member of a mine rescue crew shall undergo an annual	11944
medical examination by a doctor designated by the chief. In	11945
designating such the doctor, the chief shall choose one near the	11946
station of the member of such the rescue crews. Such The doctor	11947
shall report the doctor's findings to the chief and if, in the	11948
opinion of the chief, such the report indicates that such the	11949
member is physically unfit for further services, the chief shall	11950
relieve the member from further duty. The fee charged by such the	11951
doctor for such the examination shall be paid in the same manner	11952
as fees are paid to doctors employed by the industrial commission	11953
for special medical examinations.	11954

The chief may remove any member of a rescue crew for any	11955
reason. Such crews shall be subject to the orders of the chief,	11956
the superintendent, and the deputy mine inspectors when engaged in	11957
actual mine rescue work. Mine rescue crews shall, in case of	11958
death or injury when engaged in rescue work, wherever the same may	11959
occur, be paid compensation, or their dependents shall be paid	11960
death benefits, from the workers' compensation fund, in the same	11961
manner as other employees of the state.	11962

(C) In addition to the training of rescue crews, each	11963
assistant superintendent of rescue stations, with the approval of	11964
the superintendent, shall provide for and conduct safety, first	11965
aid, and rescue classes at any mine or for any group of miners who	11966
make application for the conducting of such classes. The chief may	11967
assess a fee for safety and first aid classes for the purpose of	11968
covering the costs associated with providing those classes. The	11969
chief shall establish a fee schedule for safety and first aid	11970
classes by rule adopted in accordance with Chapter 119. of the	11971
Revised Code. Fees collected under this section shall be	11972
deposited in the surface mining fund created in section 1514.06 of	11973
the Revised Code.	11974

The superintendent shall prescribe and provide for a uniform	11975
schedule of conducting such safety and rescue classes as will	11976
provide a competent knowledge of modern safety and rescue methods	11977
in, at, and about mines.	11978

Sec. 1561.35.  If the deputy mine inspector finds that any	11979
matter, thing, or practice connected with any mine and not	11980
prohibited specifically by law is dangerous or hazardous, or that	11981
from a rigid enforcement of this chapter and Chapters 1509.,	11982
1563., 1565., and 1567. of the Revised Code, the matter, thing, or	11983
practice would become dangerous and hazardous so as to tend to the	11984
bodily injury of any person, the deputy mine inspector forthwith	11985
shall give notice in writing to the owner, lessee, or agent of the	11986
mine of the particulars in which the deputy mine inspector	11987
considers the mine or any matter, thing, or practice connected	11988
therewith is dangerous or hazardous and recommend changes that the	11989
conditions require, and forthwith shall mail a copy of the report	11990
and the deputy mine inspector's recommendations to the chief of	11991
the division of mineral resources management. Upon receipt of the	11992
report and recommendations, the chief forthwith shall make a	11993
finding thereon and mail a copy to the owner, operator, lessee, or	11994
agent of the mine, and to the deputy mine inspector; a copy of the	11995
finding of the chief shall be posted upon the bulletin board of	11996
the mine. Where the miners have a mine safety committee, one	11997
additional copy shall be posted on the bulletin board for the use	11998
and possession of the committee.	11999

The owner, operator, lessee, or agent of the mine, or the	12000
authorized representative of the workers of the mine, within ten	12001
days may appeal to the mine examining board reclamation commission	12002
for a review and redetermination of the finding of the chief in	12003
the matter in accordance with section 1561.53 1513.13 of the	12004
Revised Code, notwithstanding division (A)(1) of that section,	12005
which provides for appeals within thirty days. A copy of the	12006
decision of the board commission shall be mailed as required by	12007
this section for the mailing of the finding by the chief on the	12008
deputy mine inspector's report.	12009

Sec. 1561.351.  A deputy mine inspector who makes a finding	12010
concerning a violation of this chapter or Chapter 1563., 1565., or	12011
1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,	12012
1509.17, or 1509.18 of the Revised Code that involves mining	12013
safety shall notify the chief of the division of mineral resources	12014
management of the finding. The chief shall review the inspector's	12015
finding, make a written determination regarding it, and provide a	12016
copy of the written determination to the owner, operator, lessee,	12017
or agent of the mine involved. The chief shall provide a copy of	12018
the written determination to any other interested party upon	12019
request.	12020

A person, such as an owner, operator, lessee, or agent of the	12021
mine or the authorized representative of the workers of the mine,	12022
who has an interest that is or may be adversely affected by the	12023
chief's determination may appeal the determination, not later than	12024
ten days after receiving notice of the determination, to the mine	12025
examining board reclamation commission by filing a copy of the	12026
chief's written determination with the board commission,	12027
notwithstanding division (A)(1) of section 1513.13 of the Revised	12028
Code, which provides for appeals within thirty days. The board	12029
commission shall hear the appeal in accordance with section	12030
1561.53 1513.13 of the Revised Code.	12031

Sec. 1561.46.  Fees received by the mine examining board	12032
chief of the division of mineral resources management under	12033
sections 1561.16 to 1561.22 of the Revised Code shall be paid by	12034
the secretary of the board chief into the state treasury to the	12035
credit of the mining regulation fund created in section 1561.48 of	12036
the Revised Code.	12037

Sec. 1561.51.  When written charges of neglect of duty,	12038
incompetency, or malfeasance in office against the deputy mine	12039
inspector are filed with the chief of the division of mineral	12040
resources management, signed by not less than fifteen employees,	12041
or otherwise as provided in section 1561.50 of the Revised Code,	12042
or the owner, lessee, or agent of a mine, and the signers of the	12043
charges are dissatisfied with the result of the investigation made	12044
by the chief, they may appeal to the mine examining board	12045
reclamation commission by filing the same charges against the	12046
deputy mine inspector and a copy of the report of the	12047
investigation made by the chief in the matter with the board	12048
commission, and the board commission shall hear the appeal in	12049
accordance with section 1561.53 1513.13 of the Revised Code. The	12050
board commission shall mail a copy of its decision to the	12051
complainant whose name appears first in the charges.	12052

Sec. 1561.52.  On receipt of a notice pursuant to section	12053
3123.43 of the Revised Code, the mine examining board chief of the	12054
division of mineral resources management shall comply with	12055
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12056
rules adopted under section 3123.63 of the Revised Code with	12057
respect to a certificate issued pursuant to this chapter.	12058

Sec. 1563.13.  When a deputy mine inspector considers that	12059
the ways and means of egress in any underground mine from the	12060
interior working places to the surface are inadequate as a safe	12061
and ready means of escape in case of emergency, from danger of	12062
fire at any point, or any other cause that may result in the	12063
entombment of persons working in the mine, the deputy mine	12064
inspector shall give notice in writing to the owner, lessee, or	12065
agent of the mine of the particular in which the deputy mine	12066
inspector considers the conditions dangerous, recommending any	12067
changes that the conditions require, and forthwith shall mail a	12068
copy of the deputy mine inspector's recommendations to the chief	12069
of the division of mineral resources management. Upon receipt of	12070
the recommendations, the chief forthwith shall make a finding	12071
concerning them and mail a copy to the operator of the mine and to	12072
the deputy mine inspector. A copy of the finding of the chief	12073
shall be posted upon the bulletin board at the time.	12074

The operator of the mine, or the authorized representative of	12075
the workers of the mine, within ten days may appeal to the mine	12076
examining board reclamation commission for a review and	12077
redetermination of the finding of the chief in the matter in	12078
accordance with section 1561.53 1513.13 of the Revised Code,	12079
notwithstanding division (A)(1) of that section, which provides	12080
for appeals within thirty days. A copy of the decision of the	12081
board commission shall be mailed as required by this section for	12082
the mailing of the finding by the chief on the deputy mine	12083
inspector's report.	12084

No operator of a mine shall refuse or neglect to comply with	12085
this section.	12086

Sec. 1565.04.  The operator of each mine who is an employer	12087
as defined in section 4123.01 of the Revised Code, or any mine	12088
working with three or more men workers, shall employ a certified	12089
mine foreman foreperson. In gaseous mines, only a holder of a	12090
mine foreman foreperson of gaseous mines certificate which that	12091
contains a notation by the mine examining board chief of the	12092
division of mineral resources management showing the holder to be	12093
at least twenty-three years of age and have at least five years'	12094
actual practical experience in gaseous mines shall be employed as	12095
the mine foreman foreperson. In other mines, the mine foreman	12096
foreperson shall be a holder of a mine foreman foreperson of	12097
nongaseous mines certificate which that contains a notation by the	12098
mine examining board chief showing the holder to be at least	12099
twenty-one years of age and have at least three years' actual	12100
practical experience in mines. All such mines shall have at least	12101
one certified foreman foreperson on duty at all times when men	12102
workers are employed in the loading or mining of coal.	12103

No operator of a mine shall refuse or neglect to comply with	12104
this section.	12105

Sec. 1565.06.  (A) In emergencies arising at a mine because	12106
of accident, death, illness, or any other cause, an operator may	12107
appoint noncertificate persons as forepersons and fire bosses to	12108
act until certified forepersons and fire bosses satisfactory to	12109
the operator can be secured. Such appointee may not serve in such	12110
capacity for a period longer than six months or until such time	12111
thereafter as an examination is held for such certified persons	12112
under section 1561.13 of the Revised Code. The employer of such	12113
noncertificate person shall, upon appointment of such	12114
noncertificate person in this capacity, forward the name of such	12115
noncertificate person to the chief of the division of mineral	12116
resources management.	12117

(B) An operator may appoint as a temporary foreperson or	12118
fire boss a noncertificate person who is within six months of	12119
possessing the necessary actual practical experience to qualify to	12120
take the examination for certification for the position to which	12121
the person is temporarily appointed. Upon appointment of a	12122
noncertificate person, the operator shall forward the name, social	12123
security number, and brief summary of the person's actual	12124
practical experience to the mine examining board chief, and the	12125
board chief shall issue the person a temporary certificate for the	12126
position to which the person has been temporarily appointed. A	12127
temporary certificate issued under this division is valid for six	12128
months or until such time thereafter as an examination is held	12129
under section 1561.13 of the Revised Code for the position to	12130
which the person has been temporarily appointed.	12131

(C) A person who possesses a valid certificate issued by	12132
another state for a position for which the mine examining board	12133
chief issues a certificate shall be eligible for a temporary	12134
certificate from the board chief upon presentation to the board	12135
chief of a copy of the certificate from that other state. A	12136
temporary certificate issued under this division shall be valid	12137
for six months.	12138

No operator of a mine shall violate or fail to comply with	12139
this section.	12140

Sec. 1565.07.  The superintendent in charge of a mine shall	12141
direct the mine foreperson in such manner as is necessary to	12142
secure compliance with this chapter and Chapters 1561., 1563., and	12143
1567. and sections 1509.18 and 1509.19 of the Revised Code. The	12144
superintendent may act as mine foreperson, but if the	12145
superintendent does so act regularly, the superintendent shall	12146
obtain a certificate from the mine examining board chief of the	12147
division of mineral resources management in the same manner as the	12148
certification of mine foreperson is obtained.	12149

A person designated as a superintendent of an underground	12150
coal mine after January 1, 1977, shall, within six months after	12151
being so designated, demonstrate to the chief of the division of	12152
mineral resources management that the person has knowledge of the	12153
mining laws of this state governing the operation of underground	12154
coal mines either by presenting evidence that the person has	12155
passed a mine foreperson examination given by the mine examining	12156
board chief or an examination given by the chief concerning the	12157
laws of this state governing the operation of underground coal	12158
mines.	12159

No person shall refuse or neglect to comply with this	12160
section.	12161

Sec. 1565.08.  If a person certified by the mine examining	12162
board chief of the division of mineral resources management	12163
purposely violates the mining laws, the person's certificate may	12164
be revoked by the chief after investigation and a hearing in	12165
accordance with Chapter 119. of the Revised Code, by the chief of	12166
the division of mineral resources management, with the approval of	12167
the mine examining board.	12168

No person whose license, certificate, or similar authority to	12169
perform any certifiable mining duties in another state is	12170
suspended or revoked by that state shall be certified for an	12171
equivalent mining certificate in this state during the period of	12172
the suspension or revocation in the other state.	12173

Sec. 1565.25.  On receipt of a notice pursuant to section	12174
3123.43 of the Revised Code, the mine examining board chief of the	12175
division of mineral resources management shall comply with	12176
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12177
rules adopted under section 3123.63 of the Revised Code with	12178
respect to a certificate issued pursuant to this chapter.	12179

Sec. 1701.05.  (A) Except as provided in this section, and	12180
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,	12181
which sections relate to the reorganization, merger, and	12182
consolidation of corporations, the corporate name of a domestic	12183
corporation shall comply with all of the following:	12184

(1) It shall end with or include the word or abbreviation	12185
"company," "co.," "corporation," "corp.," "incorporated," or	12186
"inc."	12187

(2) It shall be distinguishable upon the records in the	12188
office of the secretary of state from all of the following:	12189

(a) The name of any other corporation, whether nonprofit or	12190
for profit and whether that of a domestic or of a foreign	12191
corporation authorized to do business in this state;	12192

(b) The name of any limited liability company registered in	12193
the office of the secretary of state pursuant to Chapter 1705. of	12194
the Revised Code, whether domestic or foreign;	12195

(c) The name of any limited liability partnership registered	12196
in the office of the secretary of state pursuant to Chapter 1775.	12197
of the Revised Code, whether domestic or foreign;	12198

(d) The name of any limited partnership registered in the	12199
office of the secretary of state pursuant to Chapter 1782. of the	12200
Revised Code, whether domestic or foreign;	12201

(e) Any trade name the exclusive right to which is at the	12202
time in question registered in the office of the secretary of	12203
state pursuant to Chapter 1329. of the Revised Code.	12204

(3) It shall not contain any language that indicates or	12205
implies that the corporation is connected with a government agency	12206
of this state, another state, or the United States.	12207

(B) The secretary of state shall determine for purposes of	12208
this section whether a name is "distinguishable" from another name	12209
upon the secretary of state's records. Without excluding other	12210
names that may not constitute distinguishable names in this state,	12211
a name is not considered distinguishable from another name for	12212
purposes of this section solely because it differs from the other	12213
name in only one or more of the following manners:	12214

(1) The use of the word "corporation," "company,"	12215
"incorporated," "limited," or any abbreviation of any of those	12216
words;	12217

(2) The use of any article, conjunction, contraction,	12218
abbreviation, or punctuation;	12219

(3) The use of a different tense or number of the same word.

12220

(C) A corporation may apply to the secretary of state for	12221
authorization to use a name that is not distinguishable upon the	12222
secretary of state's records from the name of any other	12223
corporation, limited liability company, limited liability	12224
partnership, or limited partnership, or from a registered trade	12225
name, if there also is filed in the office of the secretary of	12226
state, on a form prescribed by the secretary of state, the consent	12227
of the other entity or, in the case of a registered trade name,	12228
the person in whose name is registered the exclusive right to use	12229
the name, which consent is evidenced in a writing signed by any	12230
authorized officer or any authorized representative of the other	12231
entity or person.	12232

(D) In case of judicial sale or judicial transfer, by sale	12233
or transfer of good will or otherwise, of the right to use the	12234
name of a corporation, whether nonprofit or for profit, and	12235
whether that of a domestic corporation or of a foreign corporation	12236
authorized to exercise its corporate privileges in this state or	12237
to do business in this state, the secretary of state, at the	12238
instance of the purchaser or transferee of such right, shall	12239
accept for filing articles of a corporation with a name the same	12240
as or similar to the name of such other corporation, if there also	12241
is filed in the office of the secretary of state a certified copy	12242
of the decree or order of court confirming or otherwise evidencing	12243
the purchase or transfer.	12244

(E) Any person who wishes to reserve a name for a proposed	12245
new corporation, or any corporation intending to change its name,	12246
may submit to the secretary of state a written application, on a	12247
form prescribed by the secretary of state, for the exclusive right	12248
to use a specified name as the name of a corporation. If the	12249
secretary of state finds that, under this section, the specified	12250
name is available for such use, the secretary of state shall file	12251
the application and, from the date of the filing, the applicant	12252
shall have the exclusive right for sixty one hundred eighty days	12253
to use the specified name as the name of a corporation, counting	12254
the date of such filing as the first of sixty one hundred eighty	12255
days. The right so obtained may be transferred by the applicant	12256
or other holder thereof by the filing in the office of the	12257
secretary of state of a written transfer, on a form prescribed by	12258
the secretary of state, stating the name and address of the	12259
transferee.	12260

(F) For filing under this section any application or other	12261
document, other than articles or a consent to the use of a name,	12262
the secretary of state shall charge and collect a fee of five	12263
dollars.	12264

Sec. 1701.07.  (A) Every corporation shall have and maintain	12265
an agent, sometimes referred to as the "statutory agent," upon	12266
whom any process, notice, or demand required or permitted by	12267
statute to be served upon a corporation may be served. The agent	12268
may be a natural person who is a resident of this state or may be	12269
a domestic corporation or a foreign corporation holding a license	12270
as such under the laws of this state, that is authorized by its	12271
articles of incorporation to act as such agent and that has a	12272
business address in this state.	12273

(B) The secretary of state shall not accept original	12274
articles for filing unless there is filed with the articles a	12275
written appointment of an agent that is signed by the	12276
incorporators of the corporation or a majority of them and a	12277
written acceptance of the appointment that is signed by the agent.	12278
In all other cases, the corporation shall appoint the agent and	12279
shall file in the office of the secretary of state a written	12280
appointment of the agent that is signed by any authorized officer	12281
of the corporation and a written acceptance of the appointment	12282
that is either the original acceptance signed by the agent or a	12283
photocopy, facsimile, or similar reproduction of the original	12284
acceptance signed by the agent.	12285

(C) The written appointment of an agent shall set forth the	12286
name and address in this state of the agent, including the street	12287
and number or other particular description, and shall otherwise be	12288
in such form as the secretary of state prescribes. The secretary	12289
of state shall keep a record of the names of corporations, and the	12290
names and addresses of their respective agents.	12291

(D) If any agent dies, removes from the state, or resigns,	12292
the corporation shall forthwith appoint another agent and file	12293
with the secretary of state, on a form prescribed by the secretary	12294
of state, a written appointment of the agent.	12295

(E) Unless the change is reported on the annual report filed	12296
with the department of taxation, if the agent changes the agent's	12297
address from that appearing upon the record in the office of the	12298
secretary of state, the corporation or the agent shall forthwith	12299
file with the secretary of state, on a form prescribed by the	12300
secretary of state, a written statement setting forth the new	12301
address.	12302

(F) An agent may resign by filing with the secretary of	12303
state, on a form prescribed by the secretary of state, a written	12304
notice to that effect that is signed by the agent and by sending a	12305
copy of the notice to the corporation at the current or last known	12306
address of its principal office on or prior to the date the notice	12307
is filed with the secretary of state. The notice shall set forth	12308
the name of the corporation, the name and current address of the	12309
agent, the current or last known address, including the street and	12310
number or other particular description, of the corporation's	12311
principal office, the resignation of the agent, and a statement	12312
that a copy of the notice has been sent to the corporation within	12313
the time and in the manner prescribed by this division. Upon the	12314
expiration of thirty days after the filing, the authority of the	12315
agent shall terminate.	12316

(G) A corporation may revoke the appointment of an agent by	12317
filing with the secretary of state, on a form prescribed by the	12318
secretary of state, a written appointment of another agent and a	12319
statement that the appointment of the former agent is revoked.	12320

(H) Any process, notice, or demand required or permitted by	12321
statute to be served upon a corporation may be served upon the	12322
corporation by delivering a copy of it to its agent, if a natural	12323
person, or by delivering a copy of it at the address of its agent	12324
in this state, as the address appears upon the record in the	12325
office of the secretary of state. If (1) the agent cannot be	12326
found, or (2) the agent no longer has that address, or (3) the	12327
corporation has failed to maintain an agent as required by this	12328
section, and if in any such case the party desiring that the	12329
process, notice, or demand be served, or the agent or	12330
representative of the party, shall have filed with the secretary	12331
of state an affidavit stating that one of the foregoing conditions	12332
exists and stating the most recent address of the corporation that	12333
the party after diligent search has been able to ascertain, then	12334
service of process, notice, or demand upon the secretary of state,	12335
as the agent of the corporation, may be initiated by delivering to	12336
the secretary of state or at the secretary of state's office	12337
quadruplicate copies of such process, notice, or demand and by	12338
paying to the secretary of state a fee of five dollars. The	12339
secretary of state shall forthwith give notice of the delivery to	12340
the corporation at its principal office as shown upon the record	12341
in the secretary of state's office and at any different address	12342
shown on its last franchise tax report filed in this state, or to	12343
the corporation at any different address set forth in the above	12344
mentioned affidavit, and shall forward to the corporation at said	12345
addresses, by certified mail, with request for return receipt, a	12346
copy of the process, notice, or demand; and thereupon service upon	12347
the corporation shall be deemed to have been made.	12348

(I) The secretary of state shall keep a record of each	12349
process, notice, and demand delivered to the secretary of state or	12350
at the secretary of state's office under this section or any other	12351
law of this state that authorizes service upon the secretary of	12352
state, and shall record the time of the delivery and the action	12353
thereafter with respect thereto.	12354

(J) This section does not limit or affect the right to serve	12355
any process, notice, or demand upon a corporation in any other	12356
manner permitted by law.	12357

(K) Every corporation shall state in each annual report	12358
filed by it with the department of taxation the name and address	12359
of its statutory agent.	12360

(L) Except when an original appointment of an agent is filed	12361
with the original articles, a written appointment of an agent or a	12362
written statement filed by a corporation with the secretary of	12363
state shall be signed by any authorized officer of the corporation	12364
or by the incorporators of the corporation or a majority of them	12365
if no directors have been elected.	12366

(M) For filing a written appointment of an agent other than	12367
one filed with original articles, and for filing a statement of	12368
change of address of an agent, the secretary of state shall charge	12369
and collect a the fee specified in division (R) of three dollars	12370
section 111.16 of the Revised Code.	12371

(N) Upon the failure of a corporation to appoint another	12372
agent or to file a statement of change of address of an agent, the	12373
secretary of state shall give notice thereof by certified mail to	12374
the corporation at the address set forth in the notice of	12375
resignation or on the last franchise tax return filed in this	12376
state by the corporation. Unless the default is cured within	12377
thirty days after the mailing by the secretary of state of the	12378
notice or within any further period of time that the secretary of	12379
state grants, upon the expiration of that period of time from the	12380
date of the mailing, the articles of the corporation shall be	12381
canceled without further notice or action by the secretary of	12382
state. The secretary of state shall make a notation of the	12383
cancellation on the secretary of state's records.	12384

A corporation whose articles have been canceled may be	12385
reinstated by filing, on a form prescribed by the secretary of	12386
state, an application for reinstatement and the required	12387
appointment of agent or required statement, and by paying a the	12388
filing fee specified in division (Q) of ten dollars section 111.16	12389
of the Revised Code. The rights, privileges, and franchises of a	12390
corporation whose articles have been reinstated are subject to	12391
section 1701.922 of the Revised Code. The secretary of state	12392
shall furnish the tax commissioner a monthly list of all	12393
corporations canceled and reinstated under this division.	12394

(O) This section does not apply to banks, trust companies,	12395
insurance companies, or any corporation defined under the laws of	12396
this state as a public utility for taxation purposes.	12397

Sec. 1701.81.  (A) Upon adoption by each constituent entity	12398
of an agreement of merger or consolidation pursuant to section	12399
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the	12400
Revised Code, a certificate of merger or consolidation shall be	12401
filed with the secretary of state that is signed by any authorized	12402
representative of each constituent corporation, partnership, or	12403
other entity. The certificate shall be on a form prescribed by	12404
the secretary of state and shall set forth only the information	12405
required by this section.	12406

(B)(1) The certificate of merger or consolidation shall set	12407
forth all of the following:	12408

(a) The name and the form of entity of each constituent	12409
entity and the state under the laws of which each constituent	12410
entity exists;	12411

(b) A statement that each constituent entity has complied	12412
with all of the laws under which it exists and that the laws	12413
permit the merger or consolidation;	12414

(c) The name and mailing address of the person or entity	12415
that is to provide, in response to any written request made by a	12416
shareholder, partner, or other equity holder of a constituent	12417
entity, a copy of the agreement of merger or consolidation;	12418

(d) The effective date of the merger or consolidation, which	12419
date may be on or after the date of the filing of the certificate;	12420

(e) The signature of each representative authorized to sign	12421
the certificate on behalf of each constituent entity and the	12422
office held or the capacity in which the representative is acting;	12423

(f) A statement that the agreement of merger or	12424
consolidation is authorized on behalf of each constituent entity	12425
and that each person who signed the certificate on behalf of each	12426
entity is authorized to do so;	12427

(g) In the case of a merger, a statement that one or more	12428
specified constituent entities will be merged into a specified	12429
surviving entity or, in the case of a consolidation, a statement	12430
that the constituent entities will be consolidated into a new	12431
entity;	12432

(h) In the case of a merger, if the surviving entity is a	12433
foreign entity not licensed to transact business in this state,	12434
the name and address of the statutory agent upon whom any process,	12435
notice, or demand against any constituent entity may be served;	12436

(i) In the case of a consolidation, the name and address of	12437
the statutory agent upon whom any process, notice, or demand	12438
against any constituent entity or the new entity may be served.	12439

(2) In the case of a consolidation into a new domestic	12440
corporation, limited liability company, or limited partnership,	12441
the articles of incorporation, the articles of organization, or	12442
the certificate of limited partnership of the new domestic entity	12443
shall be filed with the certificate of merger or consolidation.	12444

(3) In the case of a merger into a domestic corporation,	12445
limited liability company, or limited partnership, any amendments	12446
to the articles of incorporation, articles of organization, or	12447
certificate of limited partnership of the surviving domestic	12448
entity shall be filed with the certificate of merger or	12449
consolidation.	12450

(4) If the surviving or new entity is a foreign entity that	12451
desires to transact business in this state as a foreign	12452
corporation, limited liability company, or limited partnership,	12453
the certificate of merger or consolidation shall be accompanied by	12454
the information required by division (B)(8), (9), or (10) of	12455
section 1701.791 of the Revised Code.	12456

(5) If a foreign or domestic corporation licensed to	12457
transact business in this state is a constituent entity and the	12458
surviving or new entity resulting from the merger or consolidation	12459
is not a foreign or domestic corporation that is to be licensed to	12460
transact business in this state, the certificate of merger or	12461
consolidation shall be accompanied by the affidavits, receipts,	12462
certificates, or other evidence required by division (H) of	12463
section 1701.86 of the Revised Code, with respect to each domestic	12464
constituent corporation, and by the affidavits, receipts,	12465
certificates, or other evidence required by division (C) or (D) of	12466
section 1703.17 of the Revised Code, with respect to each foreign	12467
constituent corporation licensed to transact business in this	12468
state.	12469

(C) If any constituent entity in a merger or consolidation	12470
is organized or formed under the laws of a state other than this	12471
state or under any chapter of the Revised Code other than this	12472
chapter, there also shall be filed in the proper office all	12473
documents that are required to be filed in connection with the	12474
merger or consolidation by the laws of that state or by that	12475
chapter.	12476

(D) Upon the filing of a certificate of merger or	12477
consolidation and other filings as described in division (C) of	12478
this section or at such later date as the certificate of merger or	12479
consolidation specifies, the merger or consolidation is effective.	12480

(E) The secretary of state shall furnish, upon request and	12481
payment of a the fee specified in division (D) of ten dollars	12482
section 111.16 of the Revised Code, the secretary of state's	12483
certificate setting forth the name and the form of entity of each	12484
constituent entity and the states under the laws of which each	12485
constituent entity existed prior to the merger or consolidation,	12486
the name and the form of entity of the surviving or new entity and	12487
the state under the laws of which the surviving entity exists or	12488
the new entity is to exist, the date of filing of the certificate	12489
of merger or consolidation with the secretary of state, and the	12490
effective date of the merger or consolidation. The certificate of	12491
the secretary of state, or a copy of the certificate of merger or	12492
consolidation certified by the secretary of state, may be filed	12493
for record in the office of the recorder of any county in this	12494
state and, if filed, shall be recorded in the records of deeds for	12495
that county. For that recording, the county recorder shall charge	12496
and collect the same fee as in the case of deeds.	12497

Sec. 1702.05.  (A) Except as provided in this section and in	12498
sections 1702.41 and 1702.45 of the Revised Code, the secretary of	12499
state shall not accept for filing in the secretary of state's	12500
office any articles if the corporate name set forth in the	12501
articles is not distinguishable upon the secretary of state's	12502
records from any of the following:	12503

(1) The name of any other corporation, whether a nonprofit	12504
corporation or a business corporation and whether that of a	12505
domestic or of a foreign corporation authorized to do business in	12506
this state;	12507

(2) The name of any limited liability company registered in	12508
the office of the secretary of state pursuant to Chapter 1705. of	12509
the Revised Code, whether domestic or foreign;	12510

(3) The name of any limited liability partnership registered	12511
in the office of the secretary of state pursuant to Chapter 1775.	12512
of the Revised Code, whether domestic or foreign;	12513

(4) The name of any limited partnership registered in the	12514
office of the secretary of state pursuant to Chapter 1782. of the	12515
Revised Code, whether domestic or foreign;	12516

(5) Any trade name, the exclusive right to which is at the	12517
time in question registered in the office of the secretary of	12518
state pursuant to Chapter 1329. of the Revised Code.	12519

(B) The secretary of state shall determine for purposes of	12520
this section whether a name is "distinguishable" from another name	12521
upon the secretary of state's records. Without excluding other	12522
names that may not constitute distinguishable names in this state,	12523
a name is not considered distinguishable from another name for	12524
purposes of this section solely because it differs from the other	12525
name in only one or more of the following manners:	12526

(1) The use of the word "corporation," "company,"	12527
"incorporated," "limited," or any abbreviation of any of those	12528
words;	12529

(2) The use of any article, conjunction, contraction,	12530
abbreviation, or punctuation;	12531

(3) The use of a different tense or number of the same word.

12532

(C) A corporation may apply to the secretary of state for	12533
authorization to use a name that is not distinguishable upon the	12534
secretary of state's records from the name of any other	12535
corporation, any limited liability company, limited liability	12536
partnership, or limited partnership, or from a registered trade	12537
name, if there also is filed in the office of the secretary of	12538
state, on a form prescribed by the secretary of state, the consent	12539
of the other entity, or, in the case of a registered trade name,	12540
the person in whose name is registered the exclusive right to use	12541
the name, which consent is evidenced in a writing signed by any	12542
authorized officer or authorized representative of the other	12543
entity or person.	12544

(D) In case of judicial sale or judicial transfer, by sale	12545
or transfer of good will or otherwise, of the right to use the	12546
name of a nonprofit corporation or business corporation, whether	12547
that of a domestic corporation or of a foreign corporation	12548
authorized to exercise its corporate privileges in this state or	12549
to do business in this state, the secretary of state, at the	12550
instance of the purchaser or transferee of such right, shall	12551
accept for filing articles of a corporation with a name the same	12552
as or similar to the name of such other corporation, if there also	12553
is filed in the office of the secretary of state a certified copy	12554
of the decree or order of court confirming or otherwise evidencing	12555
the purchase or transfer.	12556

(E) Any person who wishes to reserve a name for a proposed	12557
new corporation, or any corporation intending to change its name,	12558
may submit to the secretary of state a written application, on a	12559
form prescribed by the secretary of state, for the exclusive right	12560
to use a specified name as the name of a corporation. If the	12561
secretary of state finds that, under this section, the specified	12562
name is available for such use, the secretary of state shall file	12563
such application, and, from the date of such filing, such	12564
applicant shall have the exclusive right for sixty one hundred	12565
eighty days to use the specified name as the name of a	12566
corporation, counting the date of such filing as the first of the	12567
sixty one hundred eighty days. The right so obtained may be	12568
transferred by the applicant or other holder of the right by the	12569
filing in the office of the secretary of state of a written	12570
transfer, on a form prescribed by the secretary of state, stating	12571
the name and address of the transferee.	12572

(F) For filing under this section any application or other	12573
document, other than articles or a consent to the use of a name,	12574
the secretary of state shall charge and collect a fee of five	12575
dollars.	12576

Sec. 1702.06.  (A) Every corporation shall have and maintain	12577
an agent, sometimes referred to as the "statutory agent," upon	12578
whom any process, notice, or demand required or permitted by	12579
statute to be served upon a corporation may be served. The agent	12580
may be a natural person who is a resident of this state, or may be	12581
a domestic or foreign business corporation holding a license as	12582
such under the laws of this state that is authorized by its	12583
articles of incorporation to act as such agent, and that has a	12584
business address in this state.	12585

(B) The secretary of state shall not accept original	12586
articles for filing unless there is filed with the articles a	12587
written appointment of an agent signed by the incorporators of the	12588
corporation or a majority of them and a written acceptance of the	12589
appointment signed by the agent. In all other cases, the	12590
corporation shall appoint the agent and shall file in the office	12591
of the secretary of state a written appointment of the agent that	12592
is signed by any authorized officer of the corporation and a	12593
written acceptance of the appointment that is either the original	12594
acceptance signed by the agent or a photocopy, facsimile, or	12595
similar reproduction of the original acceptance signed by the	12596
agent.	12597

(C) The written appointment of an agent shall set forth the	12598
name and address in this state of the agent, including the street	12599
and number or other particular description, and shall otherwise be	12600
in such form as the secretary of state prescribes. The secretary	12601
of state shall keep a record of the names of corporations and the	12602
names and addresses of their respective agents.	12603

(D) If any agent dies, removes from the state, or resigns,	12604
the corporation shall forthwith appoint another agent and file	12605
with the secretary of state, on a form prescribed by the secretary	12606
of state, a written appointment of that agent.	12607

(E) If the agent changes the agent's address from that	12608
appearing upon the record in the office of the secretary of state,	12609
the corporation or the agent shall forthwith file with the	12610
secretary of state, on a form prescribed by the secretary of	12611
state, a written statement setting forth the new address.	12612

(F) An agent may resign by filing with the secretary of	12613
state, on a form prescribed by the secretary of state, a written	12614
notice to that effect that is signed by the agent and by sending a	12615
copy of the notice to the corporation at the current or last known	12616
address of its principal office on or prior to the date that	12617
notice is filed with the secretary of state. The notice shall set	12618
forth the name of the corporation, the name and current address of	12619
the agent, the current or last known address, including the street	12620
and number or other particular description, of the corporation's	12621
principal office, the resignation of the agent, and a statement	12622
that a copy of the notice has been sent to the corporation within	12623
the time and in the manner prescribed by this division. Upon the	12624
expiration of sixty days after such filing, the authority of the	12625
agent shall terminate.	12626

(G) A corporation may revoke the appointment of an agent by	12627
filing with the secretary of state, on a form prescribed by the	12628
secretary of state, a written appointment of another agent and a	12629
statement that the appointment of the former agent is revoked.	12630

(H) Any process, notice, or demand required or permitted by	12631
statute to be served upon a corporation may be served upon the	12632
corporation by delivering a copy of it to its agent, if a natural	12633
person, or by delivering a copy of it at the address of its agent	12634
in this state, as such address appears upon the record in the	12635
office of the secretary of state. If (1) the agent cannot be	12636
found, or (2) the agent no longer has that address, or (3) the	12637
corporation has failed to maintain an agent as required by this	12638
section, and if in any such case the party desiring that such	12639
process, notice, or demand be served, or the agent or	12640
representative of the party, shall have filed with the secretary	12641
of state an affidavit stating that one of the foregoing conditions	12642
exists and stating the most recent address of the corporation that	12643
the party after diligent search has been able to ascertain, then	12644
service of process, notice, or demand upon the secretary of state,	12645
as the agent of the corporation, may be initiated by delivering to	12646
the secretary of state or at the secretary of state's office	12647
triplicate copies of such process, notice, or demand and by paying	12648
to the secretary of state a fee of five dollars. The secretary of	12649
state shall forthwith give notice of such delivery to the	12650
corporation at its principal office as shown upon the record in	12651
the secretary of state's office and also to the corporation at any	12652
different address set forth in the above mentioned affidavit, and	12653
shall forward to the corporation at each of those addresses, by	12654
certified mail, with request for return receipt, a copy of such	12655
process, notice, or demand; and thereupon service upon the	12656
corporation shall be deemed to have been made.	12657

(I) The secretary of state shall keep a record of each	12658
process, notice, and demand delivered to the secretary of state or	12659
at the secretary of state's office under this section or any other	12660
law of this state that authorizes service upon the secretary of	12661
state, and shall record the time of such delivery and the	12662
secretary of state's action thereafter with respect thereto.	12663

(J) This section does not limit or affect the right to serve	12664
any process, notice, or demand upon a corporation in any other	12665
manner permitted by law.	12666

(K) Except when an original appointment of an agent is filed	12667
with the original articles, a written appointment of an agent or a	12668
written statement filed by a corporation with the secretary of	12669
state shall be signed by any authorized officer of the corporation	12670
or by the incorporators of the corporation or a majority of them	12671
if no directors have been elected.	12672

(L) For filing a written appointment of an agent other than	12673
one filed with original articles, and for filing a statement of	12674
change of address of an agent, the secretary of state shall charge	12675
and collect a the fee specified in division (R) of three dollars	12676
section 111.16 of the Revised Code.	12677

(M) Upon the failure of any corporation to appoint another	12678
agent or to file a statement of change of address of an agent, the	12679
secretary of state shall give notice thereof by certified mail to	12680
the corporation at the address set forth in the notice of	12681
resignation or on the most recent statement of continued existence	12682
filed in this state by the corporation. Unless the failure is	12683
cured within thirty days after the mailing by the secretary of	12684
state of the notice or within any further period the secretary of	12685
state grants, upon the expiration of that period, the articles of	12686
the corporation shall be canceled without further notice or action	12687
by the secretary of state. The secretary of state shall make a	12688
notation of the cancellation on the secretary of state's records.	12689
A corporation whose articles have been canceled may be reinstated	12690
by filing, on a form prescribed by the secretary of state, an	12691
application for reinstatement and the required appointment of	12692
agent or required statement, and by paying a the filing fee	12693
specified in division (Q) of ten dollars section 111.16 of the	12694
Revised Code. The rights, privileges, and franchises of a	12695
corporation whose articles have been reinstated are subject to	12696
section 1702.60 of the Revised Code. The secretary of state shall	12697
furnish the tax commissioner a monthly list of all corporations	12698
canceled and reinstated under this division.	12699

(N) This section does not apply to banks, trust companies,	12700
insurance companies, or any corporation defined under the laws of	12701
this state as a public utility for taxation purposes.	12702

Sec. 1702.43.  (A) Upon adoption by each constituent	12703
corporation of an agreement of merger or consolidation pursuant to	12704
section 1702.42 or 1702.45 of the Revised Code, a certificate of	12705
merger or consolidation, signed by any authorized representative	12706
of each constituent corporation, shall be filed with the secretary	12707
of state. The certificate shall be on a form prescribed by the	12708
secretary of state and shall set forth only the information	12709
required by this section.	12710

(1) The certificate of merger or consolidation shall set	12711
forth all of the following:	12712

(a) The name of each constituent entity and the state under	12713
whose laws each constituent entity exists;	12714

(b) A statement that each constituent entity has complied	12715
with all of the laws under which it exists and that the laws	12716
permit the merger or consolidation;	12717

(c) The name and mailing address of the person or entity	12718
that is to provide, in response to any written request made by a	12719
member or other person, a copy of the agreement of merger or	12720
consolidation;	12721

(d) The effective date of the merger or consolidation, which	12722
date may be on or after the date of the filing of the certificate;	12723

(e) The signature of each representative authorized to sign	12724
the certificate on behalf of each constituent entity and the	12725
office each representative authorized to sign holds or the	12726
capacity in which the representative is acting;	12727

(f) A statement that the agreement of merger or	12728
consolidation is authorized on behalf of each constituent entity	12729
and that each person who signed the certificate on behalf of each	12730
entity is authorized to do so;	12731

(g) In the case of a merger, a statement that one or more	12732
specified constituent entities will be merged into a specified	12733
surviving entity or, in the case of a consolidation, a statement	12734
that the constituent entities will be consolidated into a new	12735
entity;	12736

(h) In the case of a merger, if the surviving entity is a	12737
foreign entity not licensed to transact business in this state,	12738
the name and address of the statutory agent upon whom any process,	12739
notice, or demand may be served;	12740

(i) In the case of a consolidation, the name and address of	12741
the statutory agent upon whom any process, notice, or demand	12742
against any constituent entity or the new entity may be served.	12743

(2) In the case of a consolidation into a new domestic	12744
corporation, the certificate of consolidation shall be accompanied	12745
by a copy of the articles of incorporation of the new domestic	12746
corporation.	12747

(3) In the case of a merger into a domestic corporation, the	12748
certificate of merger shall be accompanied by a copy of any	12749
amendments to the articles of incorporation of the surviving	12750
domestic corporation.	12751

(4) If the surviving or new entity is a foreign entity that	12752
desires to transact business in this state as a foreign	12753
corporation, the certificate of merger or consolidation shall	12754
contain a statement to that effect and a statement with respect to	12755
the appointment of the statutory agent and with respect to the	12756
consent to service of any process, notice, or demand upon that	12757
statutory agent or the secretary of state, as required when a	12758
foreign corporation applies for a certificate authorizing it to	12759
transact business in this state.	12760

(5) If a domestic or foreign corporation licensed to	12761
transact business in this state is a constituent entity and the	12762
surviving or new entity resulting from the merger or consolidation	12763
is not a domestic or foreign corporation that is to be licensed to	12764
transact business in this state, the certificate of merger or	12765
consolidation shall be accompanied by the affidavits, receipts,	12766
certificates, or other evidence required by division (G) of	12767
section 1702.47 of the Revised Code, with respect to each domestic	12768
corporation, and by the affidavits, receipts, certificates, or	12769
other evidence required by division (C) or (D) of section 1703.17	12770
of the Revised Code, with respect to each foreign constituent	12771
corporation licensed to transact business in this state.	12772

(B) If any constituent entity in a merger or consolidation	12773
is organized or formed under the laws of a state other than this	12774
state or under any chapter of the Revised Code other than this	12775
chapter, there also shall be filed in the proper office all	12776
documents that are required to be filed in connection with the	12777
merger or consolidation by the laws of that state or by that	12778
chapter.	12779

(C) Upon the filing of a certificate of merger or	12780
consolidation and other filings as described in division (B) of	12781
this section, or at such later date as the certificate of merger	12782
or consolidation specifies, the merger or consolidation shall	12783
become effective.	12784

(D) The secretary of state shall furnish, upon request and	12785
payment of a the fee specified in division (D) of ten dollars	12786
section 111.16 of the Revised Code, a certificate setting forth	12787
the name of each constituent entity and the state under whose laws	12788
each constituent entity existed prior to the merger or	12789
consolidation, the name of the surviving or new entity and the	12790
state under whose laws the surviving entity exists or the new	12791
entity is to exist, the date of filing of the certificate of	12792
merger or consolidation with the secretary of state, and the	12793
effective date of the merger or consolidation. The certificate of	12794
the secretary of state or a copy of the merger or consolidation	12795
certified by the secretary of state may be filed for record in the	12796
office of the recorder of any county in this state and, if filed,	12797
shall be recorded in the records of deeds for that county. For	12798
that recording, the county recorder shall charge and collect the	12799
same fee as in the case of deeds.	12800

Sec. 1702.59.  (A) Every nonprofit corporation, incorporated	12801
under the general corporation laws of this state, or previous	12802
laws, or under special provisions of the Revised Code, or created	12803
before September 1, 1851, which corporation has expressedly or	12804
impliedly elected to be governed by the laws passed since that	12805
date, and whose articles or other documents are filed with the	12806
secretary of state, shall file with the secretary of state a	12807
verified statement of continued existence, signed by a director,	12808
officer, or three members in good standing, setting forth the	12809
corporate name, the place where the principal office of the	12810
corporation is located, the date of incorporation, the fact that	12811
the corporation is still actively engaged in exercising its	12812
corporate privileges, and the name and address of its agent	12813
appointed pursuant to section 1702.06 of the Revised Code.	12814

(B) Each corporation required to file a statement of	12815
continued existence shall file it with the secretary of state	12816
within each five years after the date of incorporation or of the	12817
last corporate filing. For filing such statements of continued	12818
existence, the secretary of state shall charge and collect a fee	12819
of five dollars.	12820

(C) Corporations specifically exempted by division (N) of	12821
section 1702.06 of the Revised Code, or whose activities are	12822
regulated or supervised by another state official, agency, bureau,	12823
department, or commission are exempted from this section.	12824

(D) The secretary of state shall give notice in writing and	12825
provide a form for compliance with this section to each	12826
corporation required by this section to file the statement of	12827
continued existence, such notice and form to be mailed to the last	12828
known address of the corporation as it appears on the records of	12829
the secretary of state or which the secretary of state may	12830
ascertain upon a reasonable search.	12831

(E) In the event If any nonprofit corporation required by	12832
this section to file a statement of continued existence fails to	12833
file the statement required every fifth year, then the secretary	12834
of state shall cancel the articles of such corporation, make a	12835
notation of the cancellation on the records, and mail to the	12836
corporation a certificate of the action so taken.	12837

(F) A corporation whose articles have been canceled may be	12838
reinstated by filing an application for reinstatement and paying	12839
to the secretary of state a the fee specified in division (Q) of	12840
ten dollars section 111.16 of the Revised Code. The name of a	12841
corporation whose articles have been canceled shall be reserved	12842
for a period of one year after the date of cancellation. If the	12843
reinstatement is not made within one year from the date of the	12844
cancellation of its articles of incorporation and it appears that	12845
a corporate name, limited liability company name, limited	12846
liability partnership name, limited partnership name, or trade	12847
name has been filed, the name of which is not distinguishable upon	12848
the record as provided in section 1702.06 of the Revised Code, the	12849
applicant for reinstatement shall be required by the secretary of	12850
state, as a condition prerequisite to such reinstatement, to amend	12851
its articles by changing its name. A certificate of reinstatement	12852
may be filed in the recorder's office of any county in the state,	12853
for which the recorder shall charge and collect a fee of one	12854
dollar. The rights, privileges, and franchises of a corporation	12855
whose articles have been reinstated are subject to section 1702.60	12856
of the Revised Code.	12857

(G) The secretary of state shall furnish the tax	12858
commissioner a list of all corporations failing to file the	12859
required statement of continued existence.	12860

Sec. 1703.04.  (A) To procure a license to transact business	12861
in this state, a foreign corporation for profit shall file with	12862
the secretary of state a certificate of good standing or	12863
subsistence, dated not earlier than ninety days prior to the	12864
filing of the application, under the seal of the secretary of	12865
state, or other proper official, of the state under the laws of	12866
which said corporation was incorporated, setting forth:	12867

(1) The exact corporate title;

12868

(2) The date of incorporation;

12869

(3) The fact that the corporation is in good standing or is	12870
a subsisting corporation.	12871

(B) To procure such a license, such corporation also shall	12872
file with the secretary of state an application in such form as	12873
the secretary of state prescribes, verified by the oath of any	12874
authorized officer of such corporation, setting forth, but not	12875
limited to:	12876

(1) The name of the corporation and, if its corporate name	12877
is not available, the trade name under which it will do business	12878
in this state;	12879

(2) The name of the state under the laws of which it was	12880
incorporated;	12881

(3) The location and complete address of its principal	12882
office;	12883

(4) The name of the county and the municipal corporation or	12884
township in which its principal office within this state, if any,	12885
is to be located;	12886

(5) The appointment of a designated agent and the complete	12887
address of such agent;	12888

(6) The irrevocable consent of such corporation to service	12889
of process on such agent so long as the authority of such agent	12890
continues and to service of process upon the secretary of state in	12891
the events provided for in section 1703.19 of the Revised Code;	12892

(7) A brief summary of the corporate purposes to be	12893
exercised within this state.	12894

(C) Upon the filing by a foreign corporation for profit of an	12895
application for a license to transact business in this state, the	12896
corporation shall pay a filing fee of one hundred dollars to the	12897
secretary of state.	12898

(D)(1) No such application for a license shall be accepted	12899
for filing if it appears that the name of the foreign corporation	12900
is prohibited by law or is not distinguishable upon the records in	12901
the office of the secretary of state from the name of any other	12902
corporation, whether nonprofit or for profit and whether that of a	12903
domestic corporation or of a foreign corporation authorized to	12904
transact business in this state, the name of a limited liability	12905
company registered in the office of the secretary of state	12906
pursuant to Chapter 1705. of the Revised Code, whether domestic or	12907
foreign, the name of any limited liability partnership registered	12908
in the office of the secretary of state pursuant to Chapter 1775.	12909
of the Revised Code, whether domestic or foreign, the name of any	12910
limited partnership registered in the office of the secretary of	12911
state pursuant to Chapter 1782. of the Revised Code, whether	12912
domestic or foreign, or a trade name to which the exclusive right	12913
at the time in question is registered in the manner provided in	12914
Chapter 1329. of the Revised Code, unless there also is filed with	12915
the secretary of state, on a form prescribed by the secretary of	12916
state, the consent of the other entity or person to the use of the	12917
name, evidenced in a writing signed by any authorized officer of	12918
the other entity or authorized representative of the other person	12919
owning the exclusive right to the registered trade name.	12920

(2) Notwithstanding division (D)(C)(1) of this section, if	12921
an application for a license is not acceptable for filing solely	12922
because the name of the foreign corporation is not distinguishable	12923
from the name of another entity or registered trade name, the	12924
foreign corporation may be authorized to transact business in this	12925
state by filing with the secretary of state, in addition to those	12926
items otherwise prescribed by this section, a statement signed by	12927
an authorized officer directing the foreign corporation to make	12928
application for a license to transact business in this state under	12929
an assumed business name or names that comply with the	12930
requirements of this division and stating that the foreign	12931
corporation will transact business in this state only under the	12932
assumed name or names. The application for a license shall be on	12933
a form prescribed by the secretary of state.	12934

Sec. 1703.041.  (A) Every foreign corporation for profit	12935
that is licensed to transact business in this state, and every	12936
foreign nonprofit corporation that is licensed to exercise its	12937
corporate privileges in this state, shall have and maintain an	12938
agent, sometimes referred to as the "designated agent," upon whom	12939
process against the corporation may be served within this state.	12940
The agent may be a natural person who is a resident of this state,	12941
or may be a domestic corporation for profit or a foreign	12942
corporation for profit holding a license under the laws of this	12943
state that is authorized by its articles of incorporation to act	12944
as an agent and that has a business address in this state.	12945

(B) The written appointment of a designated agent shall set	12946
forth the name and address of the agent, including the street and	12947
number or other particular description, and shall otherwise be in	12948
such form as the secretary of state prescribes. The secretary of	12949
state shall keep a record of the names of such foreign	12950
corporations and the names and addresses of their respective	12951
agents.	12952

(C) If the designated agent dies, removes from the state, or	12953
resigns, the foreign corporation shall forthwith appoint another	12954
agent and file in the office of the secretary of state an	12955
amendment to the corporation's application for a foreign license	12956
indicating the name and address, on a form prescribed by the	12957
secretary of state, a written appointment of the new agent.	12958

(D) If the designated agent changes the agent's address from	12959
that appearing upon the record in the office of the secretary of	12960
state, the foreign corporation or the designated agent in its	12961
behalf shall forthwith file with the secretary of state an	12962
amendment to the corporation's application for a foreign license	12963
setting forth the new address unless the change is reported on the	12964
annual report filed with the department of taxation, on a form	12965
prescribed by the secretary of state, a written statement setting	12966
forth the agent's new address.	12967

(E) A designated agent may resign by filing with the	12968
secretary of state, on a form prescribed by the secretary of	12969
state, a signed statement to that effect. The secretary of state	12970
shall forthwith mail a copy of such the statement to the foreign	12971
corporation at its principal office as shown by the record in the	12972
secretary of state's office. Upon the expiration of sixty days	12973
after the filing, the authority of the agent shall terminate.	12974

(F) A foreign corporation may revoke the appointment of a	12975
designated agent by filing with the secretary of state an	12976
amendment to its application for a foreign license appointing	12977
another agent that includes, on a form prescribed by the secretary	12978
of state, a written appointment of another agent and a statement	12979
that the appointment of the former agent is revoked.	12980

(G) Process may be served upon a foreign corporation by	12981
delivering a copy of it to its designated agent, if a natural	12982
person, or by delivering a copy of it at the address of its agent	12983
in this state, as the address appears upon the record in the	12984
office of the secretary of state.	12985

(H) This section does not limit or affect the right to serve	12986
process upon a foreign corporation in any other manner permitted	12987
by law.	12988

(I) Every foreign corporation for profit shall state in each	12989
annual report filed by it with the department of taxation the name	12990
and address of its designated agent in this state.	12991

Sec. 1703.15.  No foreign corporation shall transact in this	12992
state any business that could not be lawfully transacted by a	12993
domestic corporation. Whenever the secretary of state finds that	12994
a foreign corporation licensed to transact business in this state	12995
is transacting in this state a business that a domestic	12996
corporation could not lawfully transact, is transacting business	12997
in this state in a corporate name that is not readily	12998
distinguishable from the name of every other corporation, limited	12999
liability company, limited liability partnership, or limited	13000
partnership, domestic or foreign, or every trade name, registered	13001
in the office of the secretary of state, theretofore authorized to	13002
transact business in this state, without the consent of the other	13003
corporation, limited liability company, limited liability	13004
partnership, limited partnership, or trade name registrant,	13005
evidenced in writing filed with the secretary of state pursuant to	13006
section 1703.04 of the Revised Code, or has failed, after the	13007
death or resignation of its designated agent or the designated	13008
agent's removal from this state, to designate another agent as	13009
required by section 1703.041 of the Revised Code, the secretary of	13010
state shall give notice thereof by certified mail to the	13011
corporation. Unless that failure is cured within thirty days	13012
after the mailing by the secretary of state of the notice or	13013
within such further period as the secretary of state grants, the	13014
secretary of state, upon the expiration of such period, shall	13015
cancel the license of the foreign corporation to transact business	13016
in this state, give notice of the cancellation to the corporation	13017
by mail, and make a notation of the cancellation on the secretary	13018
of state's records.	13019

A foreign corporation whose license has been canceled may be	13020
reinstated upon its filing with the secretary of state, on a form	13021
prescribed by the secretary of state, an application for	13022
reinstatement accompanied by a the fee specified in division (Q)	13023
of ten dollars section 111.16 of the Revised Code. If the	13024
application for reinstatement is submitted in a tax year or	13025
calendar year other than that in which the cancellation occurred,	13026
the application also shall be accompanied by a certificate of	13027
reinstatement issued by the department of taxation. The name of a	13028
corporation whose license has been canceled pursuant to this	13029
section shall be reserved for a period of one year after the date	13030
of cancellation. If the reinstatement is not made within one year	13031
after the date of cancellation of the foreign license and it	13032
appears that a corporate name, limited liability company name,	13033
limited liability partnership name, limited partnership name, or	13034
trade name has been filed, the name of which is not	13035
distinguishable upon the record as provided in division (D) of	13036
section 1703.04 of the Revised Code, the secretary of state shall	13037
require the applicant for the reinstatement, as a condition	13038
prerequisite to such reinstatement, to apply for authorization to	13039
transact business in this state under an assumed name.	13040

Sec. 1703.17.  (A) A foreign corporation may surrender its	13041
license to transact business in this state in the manner provided	13042
in this section.	13043

(B) A certificate of surrender signed by any authorized	13044
officer, or by the receiver, trustee in bankruptcy, or other	13045
liquidator of such corporation, shall be filed with the secretary	13046
of state, on a form prescribed by the secretary of state, setting	13047
forth:	13048

(1) The name of the corporation and of the state under the	13049
laws of which it is incorporated;	13050

(2) That it surrenders its license;

13051

(3) The address to which the secretary of state may mail any	13052
process against such corporation that may be served upon the	13053
secretary of state, and may mail any other notices, certificates,	13054
or statements.	13055

(C) A certificate of surrender, filed with the secretary of	13056
state, on a form prescribed by the secretary of state, shall be	13057
accompanied by:	13058

(1) A receipt, certificate, or other evidence showing the	13059
payment of all franchise, sales, use, and highway use taxes	13060
accruing up to the date of such filing, or that such payment has	13061
been adequately guaranteed;	13062

(2) A receipt, certificate, or other evidence showing the	13063
payment of all personal property taxes accruing up to the date of	13064
such filing;	13065

(3) A receipt, certificate, or other evidence from the	13066
director of job and family services showing that all contributions	13067
due from the corporation as an employer have been paid, or that	13068
such payment has been adequately guaranteed, or that the	13069
corporation is not subject to such contributions;	13070

(4) An affidavit of the officer, or other person permitted	13071
by law, executing the certificate of surrender, containing a	13072
statement of the counties, if any, in this state in which the	13073
corporation has personal property or a statement that the	13074
corporation is of a type required to pay personal property taxes	13075
to state authorities only.	13076

(D) In lieu of the receipt, certificate, or other evidence	13077
described in divisions (C)(1), (2), and (3) of this section, a	13078
certificate of surrender may be accompanied by an affidavit of the	13079
person executing the certificate of surrender, or of an officer of	13080
the corporation, that contains a statement of the date upon which	13081
the particular department, agency, or authority was advised in	13082
writing of the scheduled date of filing the certificate of	13083
surrender and was advised in writing of the acknowledgement by the	13084
corporation that the surrender of its license does not relieve it	13085
of liability, if any, for payment of the taxes and contributions	13086
described in divisions (C)(1), (2), and (3) of this section.	13087

(E) In lieu of filing such certificate of surrender there	13088
may be filed a certificate of the secretary of state, or other	13089
proper official, of the state under the laws of which the	13090
corporation is incorporated, certifying that said corporation has	13091
been dissolved or its corporate existence otherwise terminated, or	13092
a certified copy of an order of court terminating the existence of	13093
such corporation; but such certificate or certified copy shall be	13094
accompanied by the information required by division (B)(3) of this	13095
section.	13096

(F) For After the payment of the fee specified in division	13097
(N)(2) of section 111.16 of the Revised Code and the filing of any	13098
such certificate or certified copy under this section, there shall	13099
be paid to the secretary of state a filing fee of twenty-five	13100
dollars. The the secretary of state shall thereupon cancel the	13101
license of such corporation, make a notation of such cancellation	13102
upon the secretary of state's records, and mail to the corporation	13103
a certificate of the action so taken.	13104

(G) The mere retirement from business of a foreign	13105
corporation without filing a certificate of surrender shall not	13106
exempt such corporation from the requirements of filing the	13107
reports and paying the fees required by sections 1703.01 to	13108
1703.31 of the Revised Code, or from making reports and paying	13109
excise or franchise fees or taxes.	13110

Sec. 1703.27.  No foreign nonprofit corporation shall	13111
exercise its corporate privileges in this state in a continual	13112
course of transactions until it has first procured from the	13113
secretary of state a certificate authorizing it to do so.	13114

Before issuing such certificate, the secretary of state shall	13115
require such foreign corporation to file in the secretary of	13116
state's office a certificate of good standing or subsistence,	13117
setting forth the exact corporate title, the date of	13118
incorporation, and the fact that the corporation is in good	13119
standing or is a subsisting corporation, certified by the	13120
secretary of state, or other proper official, of the state under	13121
the laws of which the corporation was incorporated, and a	13122
statement, on a form prescribed by the secretary of state,	13123
verified by the oath of one of its officers, setting forth, but	13124
not limited to, the following:	13125

(A) The name of the corporation;

13126

(B) The state under the laws of which it is incorporated;

13127

(C) The location of its principal office;

13128

(D) The corporate privileges it proposes to exercise in this	13129
state;	13130

(E) The location of its principal office in this state;

13131

(F) The appointment of a designated agent and the complete	13132
address of such agent;	13133

(G) Its irrevocable consent to service of process on such	13134
agent so long as the authority of the agent continues and to	13135
service of process upon the secretary of state in the events	13136
provided for in section 1703.19 of the Revised Code.	13137

For the filing of such that statement, the secretary of state	13138
shall charge and collect a the fee specified in division (I)(1) of	13139
thirty-five dollars section 111.16 of the Revised Code.	13140

A foreign nonprofit corporation shall file an amendment with	13141
the secretary of state if there is a modification of any of the	13142
information required to be included in its statement, except for	13143
changes in information required by division (F) of this section,	13144
which shall be corrected in the same manner as described in	13145
section 1702.06 of the Revised Code. For the filing of such	13146
amendment those amendments and corrections, the secretary of state	13147
shall charge and collect a the fee specified in division (B) or	13148
(R) of fifty dollars section 111.16 of the Revised Code.	13149

Sections 1703.01 to 1703.31 of the Revised Code, governing	13150
foreign corporations for profit in respect to exemption from	13151
attachment, change of location of principal office, change of its	13152
designated agent or of the designated agent's address, service on	13153
the secretary of state, license certificate as prima-facie	13154
evidence, proof of due incorporation, filing of amendments	13155
evidencing changes of corporate name, merger, or consolidation,	13156
filing of certificate of surrender, service on retired	13157
corporation, and penalties or forfeitures for transacting business	13158
without license, for false reports, and for failure to comply with	13159
other applicable provisions of such sections, shall also apply to	13160
foreign nonprofit corporations.	13161

The secretary of state may require further reports,	13162
certificates, or information from a foreign nonprofit corporation,	13163
including verification of the continued existence of the	13164
corporation. Upon the failure of any corporation to provide the	13165
information, the secretary of state shall give notice of the	13166
failure by certified mail and, if the report is not filed within	13167
thirty days after the mailing of the notice, the license of the	13168
corporation to exercise its corporate privileges in this state	13169
shall expire and the secretary of state shall make a notation to	13170
that effect on the secretary of state's records.	13171

Sec. 1703.31.  (A) Any foreign corporation may register its	13172
corporate name, if its corporate name is available for use under	13173
division (D) of section 1703.04 of the Revised Code, by filing in	13174
the office of the secretary of state an application, on a form	13175
prescribed by the secretary of state, that contains the following	13176
information:	13177

(1) The exact corporate name to be registered;

13178

(2) The complete address of the principal office of the	13179
corporation;	13180

(3) The jurisdiction of its incorporation;

13181

(4) The date of its incorporation;

13182

(5) A statement that it is carrying on or doing business;

13183

(6) The general nature of the business in which it is	13184
engaged;	13185

(7) Any other information required by the secretary of	13186
state.	13187

The application shall be signed and verified by an officer of	13188
the applicant.	13189

The application shall be accompanied by a certificate stating	13190
that the corporation is in good standing under the laws of the	13191
jurisdiction of its incorporation, which certificate shall be	13192
executed by the official of the jurisdiction having custody of the	13193
records pertaining to corporations and dated not earlier than	13194
sixty days prior to the filing of the application.	13195

A The filing fee specified in division (S)(1) of twenty-five	13196
dollars, payable to the secretary of state, section 111.16 of the	13197
Revised Code shall accompany the application.	13198

(B) Registration of a corporate name under this section is	13199
effective for a term of one year from the date of registration.	13200
Upon application, on a form prescribed by the secretary of state,	13201
filed with the secretary of state prior to the expiration of each	13202
one-year term, the registration may be renewed for an additional	13203
term. The renewal application shall set forth the facts required	13204
to be set forth in the original application for registration,	13205
together with a certificate of good standing as required for the	13206
initial registration.	13207

The secretary of state shall notify registrants within the	13208
three months before the expiration of one year from the date of	13209
registration of the necessity of renewal by writing to the	13210
principal office address of the registrants as shown upon the	13211
current registration in effect.	13212

A The renewal fee specified in division (S)(3) of twenty-five	13213
dollars section 111.16 of the Revised Code, payable to the	13214
secretary of state, shall accompany the application for renewal of	13215
the registration.	13216

Sec. 1705.05.  (A) The name of a limited liability company	13217
shall include the words, "limited liability company," without	13218
abbreviation or shall include one of the following abbreviations:	13219
"LLC," "L.L.C.," "limited," "ltd.," or "ltd".	13220

(B)(1) Except as provided in this section and in sections	13221
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised	13222
Code, the secretary of state shall not accept for filing in the	13223
secretary of state's office the articles of organization of a	13224
limited liability company if the company name set forth in the	13225
articles is not distinguishable on the records of the secretary of	13226
state from the name of any of the following:	13227

(a) Any other limited liability company, whether the name is	13228
of a domestic limited liability company or of a foreign limited	13229
liability company registered as a foreign limited liability	13230
company under this chapter;	13231

(b) Any corporation, whether the name is of a domestic	13232
corporation or of a foreign corporation holding a license as a	13233
foreign corporation under the laws of this state pursuant to	13234
Chapter 1701., 1702., or 1703. of the Revised Code;	13235

(c) Any limited liability partnership, whether the name is	13236
of a domestic limited liability partnership or a foreign limited	13237
liability partnership registered pursuant to Chapter 1775. of the	13238
Revised Code;	13239

(d) Any limited partnership, whether the name is of a	13240
domestic limited partnership or a foreign limited partnership	13241
registered pursuant to Chapter 1782. of the Revised Code;	13242

(e) Any trade name to which the exclusive right, at the time	13243
in question, is registered in the office of the secretary of state	13244
pursuant to Chapter 1329. of the Revised Code.	13245

(2) The secretary of state may accept for filing in the	13246
secretary of state's office the articles of organization of a	13247
limited liability company whose name set forth in the articles is	13248
not distinguishable on the records of the secretary of state from	13249
any trade name or the name of another limited liability company,	13250
corporation, limited liability partnership, or limited partnership	13251
if there also is filed in the secretary of state's office the	13252
consent of the other entity or, in the case of a registered trade	13253
name, the person in whose name is registered the exclusive right	13254
to the use of the particular name.	13255

(C) A consent given by an entity or person in whose name is	13256
registered the exclusive right to use a trade name, to the use of	13257
a name by a limited liability company, shall be in the form of an	13258
instrument, prescribed by the secretary of state, that is signed	13259
by an authorized officer or other authorized representative of the	13260
consenting entity or person in whose name the trade name is	13261
registered.	13262

(D) If a judicial sale or a judicial transfer by sale,	13263
transfer of good will, or otherwise involves the right to use the	13264
name of a domestic limited liability company or of a foreign	13265
limited liability company registered as a foreign limited	13266
liability company under this chapter, then, at the request of the	13267
purchaser or transferee of that right, the secretary of state	13268
shall accept for filing articles of organization of a limited	13269
liability company with a name that is the same as or similar to	13270
the name of the other limited liability company if there also is	13271
filed in the secretary of state's office a certified copy of the	13272
court order or decree that confirms or otherwise evidences the	13273
purchase or transfer.	13274

(E) Any person that wishes to reserve a name for a proposed	13275
new limited liability company or any limited liability company	13276
that intends to change its name may submit to the secretary of	13277
state, on a form prescribed by the secretary of state, a written	13278
application for the exclusive right to use a specified name as the	13279
name of the company. If the secretary of state finds, consistent	13280
with this section, that the specified name is available for use,	13281
the secretary of state shall file the application. From the date	13282
of the filing, the applicant has the exclusive right for sixty one	13283
hundred eighty days to use the specified name as the name of the	13284
limited liability company, counting the date of the filing as the	13285
first of the sixty one hundred eighty days. The right so obtained	13286
may be transferred by the applicant or other holder of the right	13287
by filing in the office of the secretary of state a written	13288
transfer, on a form prescribed by the secretary of state, that	13289
states the name and address of the transferee.	13290

(F) The secretary of state shall charge and collect a fee of	13291
five dollars for filing under this section any application or	13292
document other than articles of organization or a consent to the	13293
use of a name.	13294

Sec. 1705.06.  (A) Each limited liability company shall	13295
maintain continuously in this state an agent for service of	13296
process on the company. The agent shall be an individual who is a	13297
resident of this state, a domestic corporation, or a foreign	13298
corporation holding a license as a foreign corporation under the	13299
laws of this state.	13300

(B)(1) The secretary of state shall not accept original	13301
articles of organization of a limited liability company for filing	13302
unless the articles are accompanied by both of the following:	13303

(a) A written appointment of an agent as described in	13304
division (A) of this section that is signed by an authorized	13305
member, manager, or other representative of the limited liability	13306
company;	13307

(b) A written acceptance of the appointment that is signed	13308
by the designated agent on a form prescribed by the secretary of	13309
state.	13310

(2) In cases not covered by division (B)(1) of this section,	13311
the limited liability company shall appoint the agent described in	13312
division (A) of this section and shall file with the secretary of	13313
state, on a form prescribed by the secretary of state, a written	13314
appointment of that agent that is signed as described in division	13315
(K) of this section and a written acceptance of the appointment	13316
that is signed by the designated agent.	13317

(3) For purposes of divisions (B)(1) and (2) of this	13318
section, the filed written acceptance of an agent's appointment	13319
shall be a signed original document or a photocopy, facsimile, or	13320
similar reproduction of a signed original document.	13321

(C) The written appointment of an agent described in	13322
division (A) of this section shall set forth the name of the agent	13323
and the agent's address in this state, including the street and	13324
number or other particular description of that address. It	13325
otherwise shall be in the form that the secretary of state	13326
prescribes. The secretary of state shall keep a record of the	13327
names of limited liability companies and the names and addresses	13328
of their agents.	13329

(D) If any agent described in division (A) of this section	13330
dies, resigns, or moves outside of this state, the limited	13331
liability company shall appoint forthwith another agent and file	13332
with the secretary of state, on a form prescribed by the secretary	13333
of state, a written appointment of the agent and acceptance of	13334
appointment as described in division (B)(2) of this section.	13335

(E) If the agent described in division (A) of this section	13336
changes the agent's address from the address stated in the records	13337
of the secretary of state, the agent or the limited liability	13338
company shall file forthwith with the secretary of state, on a	13339
form prescribed by the secretary of state, a written statement	13340
setting forth the new address.	13341

(F) An agent described in division (A) of this section may	13342
resign by filing with the secretary of state, on a form prescribed	13343
by the secretary of state, a written notice of resignation that is	13344
signed by the agent and by mailing a copy of that notice to the	13345
limited liability company at the current or last known address of	13346
its principal office. The notice shall be mailed to the company	13347
on or prior to the date that the notice is filed with the	13348
secretary of state and shall set forth the name of the company,	13349
the name and current address of the agent, the current or last	13350
known address, including the street and number or other particular	13351
description, of the company's principal office, a statement of the	13352
resignation of the agent, and a statement that a copy of the	13353
notice has been sent to the company within the time and in the	13354
manner specified in this division. The authority of the resigning	13355
agent terminates thirty days after the filing of the notice with	13356
the secretary of state.	13357

(G) A limited liability company may revoke the appointment	13358
of its agent described in division (A) of this section by filing	13359
with the secretary of state, on a form prescribed by the secretary	13360
of state, a written appointment of another agent and an acceptance	13361
of appointment in the manner described in division (B)(2) of this	13362
section and a statement indicating that the appointment of the	13363
former agent is revoked.	13364

(H)(1) Any legal process, notice, or demand required or	13365
permitted by law to be served upon a limited liability company may	13366
be served upon the company as follows:	13367

(a) If the agent described in division (A) of this section	13368
is an individual, by delivering a copy of the process, notice, or	13369
demand to the agent;	13370

(b) If the agent is a corporation, by delivering a copy of	13371
the process, notice, or demand to the address of the agent in this	13372
state as contained in the records of the secretary of state.	13373

(2) If the agent described in division (A) of this section	13374
cannot be found or no longer has the address that is stated in the	13375
records of the secretary of state or the limited liability company	13376
has failed to maintain an agent as required by this section and if	13377
the party or the agent or representative of the party that desires	13378
service of the process, notice, or demand files with the secretary	13379
of state an affidavit that states that one of those circumstances	13380
exists and states the most recent address of the company that the	13381
party who desires service has been able to ascertain after a	13382
diligent search, then the service of the process, notice, or	13383
demand upon the secretary of state as the agent of the company may	13384
be initiated by delivering to the secretary of state four copies	13385
of the process, notice, or demand accompanied by a fee of five	13386
dollars. The secretary of state shall give forthwith notice of	13387
that delivery to the company at either its principal office as	13388
shown upon the secretary of state's records or at any different	13389
address specified in the affidavit of the party desiring service	13390
and shall forward to the company at either address by certified	13391
mail, return receipt requested, a copy of the process, notice, or	13392
demand. Service upon the company is made when the secretary of	13393
state gives the notice and forwards the process, notice, or demand	13394
as set forth in division (H)(2) of this section.	13395

(I) The secretary of state shall keep a record of each	13396
process, notice, and demand that pertains to a limited liability	13397
company and that is delivered to the secretary of state's office	13398
under this section or another law of this state that authorizes	13399
service upon the secretary of state in connection with a limited	13400
liability company. In that record, the secretary of state shall	13401
record the time of each delivery of that type and the secretary of	13402
state's subsequent action with respect to the process, notice, or	13403
demand.	13404

(J) This section does not limit or affect the right to serve	13405
any process, notice, or demand upon a limited liability company in	13406
any other manner permitted by law.	13407

(K) The written appointment of an agent or a written	13408
statement filed by the company with the secretary of state shall	13409
be signed by an authorized member, manager, or other	13410
representative of the company.	13411

(L) For filing a written appointment of an agent described	13412
in division (A) of this section that is not filed with the	13413
original articles of organization of a limited liability company	13414
and for filing a statement of change of address of an agent, the	13415
secretary of state shall charge and collect a fee of three	13416
dollars.	13417

Sec. 1705.38.  (A) Upon the adoption by each constituent	13418
entity of an agreement of merger or consolidation pursuant to	13419
section 1705.36 or 1705.37 of the Revised Code, a certificate of	13420
merger or consolidation shall be filed with the secretary of state	13421
that is signed by a manager of each constituent limited liability	13422
company in which the management is not reserved to its members, by	13423
at least one member of each other constituent limited liability	13424
company, by at least one general partner of each constituent	13425
partnership, and by an authorized representative of each other	13426
constituent entity. The certificate shall be on a form prescribed	13427
by the secretary of state and shall set forth only the information	13428
required by this section.	13429

(B)(1) The certificate of merger or consolidation shall set	13430
forth all of the following:	13431

(a) The name and the form of entity of each constituent	13432
entity and the state under the laws of which each constituent	13433
entity exists;	13434

(b) A statement that each constituent entity has complied	13435
with all of the laws under which it exists and that the laws	13436
permit the merger or consolidation;	13437

(c) The name and mailing address of the person or entity	13438
that is to provide, in response to any written request made by a	13439
shareholder, partner, or other equity holder of a constituent	13440
entity, a copy of the agreement of merger or consolidation;	13441

(d) The effective date of the merger or consolidation, which	13442
date may be on or after the date of the filing of the certificate;	13443

(e) The signature of the representative or representatives	13444
authorized to sign the certificate on behalf of each constituent	13445
entity and the office held or the capacity in which the	13446
representative is acting;	13447

(f) A statement that the agreement of merger or	13448
consolidation is authorized on behalf of each constituent entity	13449
and that the persons who signed the certificate on behalf of each	13450
entity are authorized to do so;	13451

(g) In the case of a merger, a statement that one or more	13452
specified constituent entities will be merged into a specified	13453
surviving entity or, in the case of a consolidation, a statement	13454
that the constituent entities will be consolidated into a new	13455
entity;	13456

(h) In the case of a merger, if the surviving entity is a	13457
foreign entity not licensed to transact business in this state,	13458
the name and address of the statutory agent upon whom any process,	13459
notice, or demand may be served;	13460

(i) In the case of a consolidation, the name and address of	13461
the statutory agent upon whom any process, notice, or demand	13462
against any constituent entity or the new entity may be served.	13463

(2) In the case of a consolidation into a new domestic	13464
corporation, limited liability company, or limited partnership,	13465
the articles of incorporation, the articles of organization, or	13466
the certificate of limited partnership of the new domestic entity	13467
shall be filed with the certificate of merger or consolidation.	13468

(3) In the case of a merger into a domestic corporation,	13469
limited liability company, or limited partnership, any amendments	13470
to the articles of incorporation, articles of organization, or	13471
certificate of limited partnership of the surviving domestic	13472
entity shall be filed with the certificate of merger or	13473
consolidation.	13474

(4) If the surviving or new entity is a foreign entity that	13475
desires to transact business in this state as a foreign	13476
corporation, limited liability company, or limited partnership,	13477
the certificate of merger or consolidation shall be accompanied by	13478
the information required by division (B)(8), (9), or (10) of	13479
section 1705.37 of the Revised Code.	13480

(5) If a foreign or domestic corporation licensed to	13481
transact business in this state is a constituent entity and the	13482
surviving or new entity resulting from the merger or consolidation	13483
is not a foreign or domestic corporation that is to be licensed to	13484
transact business in this state, the certificate of merger or	13485
consolidation shall be accompanied by the affidavits, receipts,	13486
certificates, or other evidence required by division (H) of	13487
section 1701.86 of the Revised Code, with respect to each domestic	13488
constituent corporation, and by the affidavits, receipts,	13489
certificates, or other evidence required by division (C) or (D) of	13490
section 1703.17 of the Revised Code, with respect to each foreign	13491
constituent corporation licensed to transact business in this	13492
state.	13493

(C) If any constituent entity in a merger or consolidation	13494
is organized or formed under the laws of a state other than this	13495
state or under any chapter of the Revised Code other than this	13496
chapter, there also shall be filed in the proper office all	13497
documents that are required to be filed in connection with the	13498
merger or consolidation by the laws of that state or by that	13499
chapter.	13500

(D) Upon the filing of a certificate of merger or	13501
consolidation and other filings as described in division (C) of	13502
this section or at any later date that the certificate of merger	13503
or consolidation specifies, the merger or consolidation is	13504
effective.	13505

(E)(1) Upon request and payment of a the fee specified in	13506
division (D) of ten dollars section 111.16 of the Revised Code,	13507
the secretary of state shall furnish the secretary of state's	13508
certificate setting forth all of the following:	13509

(a) The name and form of entity of each constituent entity	13510
and the states under the laws of which each constituent entity	13511
existed prior to a merger or consolidation;	13512

(b) The name and the form of entity of the surviving or new	13513
entity and the state under the laws of which the surviving entity	13514
exists or the new entity is to exist;	13515

(c) The date of the filing of the certificate of merger or	13516
consolidation in the secretary of state's office;	13517

(d) The effective date of the merger or consolidation.

13518

(2) The certificate of the secretary of state or a copy of a	13519
certificate of merger or consolidation that has been certified by	13520
the secretary of state may be filed for record in the office of	13521
the recorder of any county in this state and, if filed, shall be	13522
recorded in the record of deeds for that county. For that	13523
recording, the county recorder shall charge and collect the same	13524
fees as for recording a deed.	13525

Sec. 1705.55.  (A) If any statement in an application for	13526
registration as a foreign limited liability company is materially	13527
false when made or if any facts described in the application have	13528
changed making it inaccurate in any material respect, the foreign	13529
limited liability company shall file promptly with the secretary	13530
of state a certificate correcting the application that shall be on	13531
a form that is prescribed by the secretary of state and be signed	13532
by an authorized representative of the company. If	13533

(B) If the application for registration or a subsequent	13534
certificate of correction becomes inaccurate because the	13535
designated agent resigns or changes the agent's address from that	13536
appearing in the registration application or any subsequent	13537
certificate of correction of the registration application, the	13538
foreign limited liability company, or the designated agent on its	13539
behalf, shall file a notice of that resignation or change promptly	13540
with the secretary of state a new certificate of correction	13541
setting forth the new address.	13542

(C) A foreign limited liability company may revoke the	13543
appointment of its designated agent described in division (A) of	13544
section 1705.54 of the Revised Code by filing with the secretary	13545
of state, on a form prescribed by the secretary of state, a	13546
written appointment of another agent and an acceptance of	13547
appointment in the manner described in division (B)(2) of section	13548
1705.06 of the Revised Code and a statement indicating that the	13549
appointment of the former agent is revoked.	13550

(D) The fee specified in division (R) of section 111.16 of	13551
the Revised Code shall accompany a filing under division (B) or	13552
(C) of this section.	13553

Sec. 1746.04.  (A) Except as set forth in section 1746.03 of	13554
the Revised Code, before transacting business in this state, a	13555
business trust shall file a report in the office of the secretary	13556
of state, on forms prescribed by the secretary of state, a report	13557
containing the following information:	13558

(1) A list of the names and addresses of its trustees;

13559

(2) The address of its principal office;

13560

(3) In the case of a foreign business trust, the address of	13561
its principal office within this state, if any;	13562

(4) The business names of the business trust, including any	13563
fictitious or assumed names;	13564

(5) The name and address within this state of a designated	13565
agent upon whom process against the business trust may be served;	13566

(6) The irrevocable consent of the business trust to service	13567
of process upon its designated agent and to service of process	13568
upon the secretary of state if, without the registration of	13569
another agent with the secretary of state, its designated agent	13570
has died, resigned, lost authority, dissolved, become	13571
disqualified, or has removed from this state, or if its designated	13572
agent cannot, with due diligence, be found.	13573

Such report shall have attached as an exhibit an executed	13574
copy of the trust instrument or a true and correct copy of it,	13575
certified to be such by a trustee before an official authorized to	13576
administer oaths or by a public official in another state in whose	13577
office an executed copy is on file.	13578

(B) Not more than ninety days after the occurrence of any	13579
event causing any filing, including exhibits, made pursuant to	13580
division (A) of this section, or any previous filing made pursuant	13581
to this division, to be inaccurate or incomplete, there shall be	13582
filed in the office of the secretary of state all information	13583
necessary to maintain the accuracy and completeness of such	13584
filing.	13585

(C) The secretary of state shall charge and collect a fee	13586
the fees specified in division (T) of seventy-five dollars section	13587
111.16 of the Revised Code for each filing made under division (A)	13588
of this section and fifteen dollars for each filing under division	13589
or (B) of this section, except for filings under division (B) of	13590
this section pertaining solely to division (A)(5) of this section,	13591
for which the secretary of state shall charge and collect the fee	13592
specified in division (R) of section 111.16 of the Revised Code.	13593

(D) The trust instrument and other information filed in the	13594
office of the secretary of state are matters of public record, and	13595
persons dealing with a business trust are charged with	13596
constructive notice of the contents of any such instrument or	13597
information by reason of such filing.	13598

(E) A copy of a trust instrument or other information filed	13599
in the office of the secretary of state shall be accepted as	13600
prima-facie evidence of the existence of the instrument or other	13601
information and of its contents, and conclusive evidence of the	13602
existence of such record.	13603

Sec. 1746.06.  (A) No business trust that has made a filing	13604
pursuant to section 1746.04 of the Revised Code may use the words	13605
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"	13606
"Ltd.," or derivatives thereof in its name.	13607

(B) No business trust formed after the effective date of	13608
this chapter that has made a filing pursuant to section 1746.04 of	13609
the Revised Code shall assume the name of any corporation	13610
established under the laws of this state, or of a corporation,	13611
firm, or association, or trust whether or not as defined in	13612
section 1746.01 of the Revised Code, or of an individual, carrying	13613
on business in this state at the time when the business trust is	13614
created, or assume a name so similar thereto as to be likely to be	13615
mistaken for it, except with the written consent of such existing	13616
corporation, firm, association, or trust, or of such individual,	13617
previously or concurrently filed with the secretary of state.	13618

(C) The secretary of state shall refuse to receive for	13619
filing the trust instrument of a business trust if it appears to	13620
him the secretary of state to have violated any provision of this	13621
section. The courts of common pleas of this state shall have	13622
jurisdiction, upon the application of any person interested or	13623
affected, to enjoin a business trust from transacting business	13624
under any name in violation of any provision of this section,	13625
notwithstanding that the trust instrument of such business trust	13626
has been received for filing under section 1746.04 of the Revised	13627
Code.	13628

(D) Any person who wishes to reserve a name for a proposed	13629
new business trust, or any business trust intending to change its	13630
name, may submit to the secretary of state a written application	13631
for the exclusive right to use a specified name as the name of a	13632
business trust. If the secretary of state finds that, under this	13633
section, the specified name is available for such use, he the	13634
secretary of state shall indorse his the secretary of state's	13635
approval upon and file such application and, from the date of such	13636
indorsement, such applicant shall have the exclusive right for	13637
sixty one hundred eighty days to use the specified name as the	13638
name of a business trust, counting the date of such indorsement as	13639
the first of the sixty one hundred eighty days. The right so	13640
obtained may be transferred by the applicant or other holder	13641
thereof by the filing in the office of the secretary of state of a	13642
written transfer stating the name and address of the transferee.	13643
For filing any application for the exclusive right to use a	13644
specified name under this division, the secretary of state shall	13645
charge and collect a the fee specified in division (S)(1) of five	13646
dollars section 111.16 of the Revised Code. For each filing of a	13647
transfer of the right to an exclusive name under this division,	13648
the secretary of state shall charge and collect the fee specified	13649
in division (S)(4) of section 111.16 of the Revised Code.	13650

(E) Any business trust that has not made the filings	13651
described under section 1746.04 of the Revised Code may submit to	13652
the secretary of state a written application for the exclusive	13653
right to use a specified name as the name of such business trust.	13654
If the secretary of state finds that, under this section, the	13655
specified name is available for such use, he the secretary of	13656
state shall indorse his the secretary of state's approval upon and	13657
file such application and, from the date of such indorsement, such	13658
applicant has the exclusive right to use the specified name for	13659
the period that it transacts business. The right so obtained may	13660
be transferred by the applicant or other holder thereof by the	13661
filing in the office of the secretary of state of a written	13662
transfer stating the name and address of the transferee. For	13663
filing any an application for the exclusive right to use a	13664
specified name under this division, the secretary of state shall	13665
charge and collect a the fee specified in division (S)(1) of five	13666
dollars section 111.16 of the Revised Code.	13667

Sec. 1746.15.  Any business trust that has made the filings	13668
described in section 1746.04 of the Revised Code may withdraw from	13669
this state at any time by filing in the office of the secretary of	13670
state a verified copy of a resolution duly adopted by its trustees	13671
declaring its intention to withdraw and surrender its authority,	13672
accompanied by a the fee of fifteen dollars specified in division	13673
(T) of section 111.16 of the Revised Code.	13674

Sec. 1747.03.  (A) Before transacting real estate business	13675
in this state, a real estate investment trust shall file the	13676
following report in the office of the secretary of state, on forms	13677
prescribed by the secretary of state:	13678

(1) An executed copy of the trust instrument or a true and	13679
correct copy of it, certified to be such by a trustee before an	13680
official authorized to administer oaths or by a public official in	13681
another state in whose office an executed copy is on file;	13682

(2) A list of the names and addresses of its trustees;

13683

(3) The address of its principal office;

13684

(4) In the case of a foreign real estate investment trust,	13685
the address of its principal office within this state, if any;	13686

(5) The business name of the trust;

13687

(6) The name and address within this state of a designated	13688
agent upon whom process against the trust may be served;	13689

(7) The irrevocable consent of the trust to service of	13690
process on its designated agent and to service of process upon the	13691
secretary of state if, without the registration of another agent	13692
with the secretary of state, its designated agent has died,	13693
resigned, lost authority, dissolved, become disqualified, or has	13694
removed from this state, or if its designated agent cannot, with	13695
due diligence, be found;	13696

(8) Not more than ninety days after the occurrence of any	13697
event causing any filing made pursuant to divisions (A)(2) to (6)	13698
of this section, or any previous filing made pursuant to this	13699
division, to be inaccurate or incomplete, all information	13700
necessary to maintain the accuracy and completeness of such	13701
filing.	13702

(B) For filing filings under this section, the secretary of	13703
state shall charge and collect a the fee specified in division (T)	13704
of fifty dollars, except that for filing under division (A)(8) of	13705
this section, the secretary of state shall charge and collect a	13706
fee of ten dollars section 111.16 of the Revised Code, except for	13707
filings under division (A)(8) of this section pertaining solely to	13708
division (A)(6) of this section, for which the secretary of state	13709
shall charge and collect the fee specified in division (R) of	13710
section 111.16 of the Revised Code.	13711

(C) All persons shall be given the opportunity to acquire	13712
knowledge of the contents of the trust instrument and other	13713
information filed in the office of the secretary of state, but no	13714
person dealing with a real estate investment trust shall be	13715
charged with constructive notice of the contents of any such	13716
instrument or information by reason of such filing.	13717

(D) A copy of a trust instrument or other information filed	13718
in the office of the secretary of state shall be is prima-facie	13719
evidence of the existence of the instrument or other information	13720
and of its contents, and as is conclusive evidence of the	13721
existence of such record.	13722

Sec. 1747.04.  A trust instrument may be amended in the	13723
manner specified in it or in any manner that is valid under the	13724
common or statutory law applicable to the trust created thereunder	13725
under it. However, no amendment adopted subsequent to the initial	13726
filings required by section 1747.03 of the Revised Code is legally	13727
effective in this state until an executed or certified true and	13728
correct copy of the amendment has been filed in the office of the	13729
secretary of state accompanied by a the fee specified in division	13730
(T) of twenty-five dollars section 111.16 of the Revised Code.	13731

Sec. 1747.10.  Any domestic or foreign real estate investment	13732
trust authorized to transact real estate business in this state	13733
may surrender its authority at any time by filing in the office of	13734
the secretary of state a verified copy of a resolution duly	13735
adopted by its trustees declaring its intention to withdraw,	13736
accompanied by a the fee specified in division (T) of ten dollars	13737
section 111.16 of the Revised Code. Such real estate investment	13738
trust then ceases and is without authority to transact real estate	13739
business in this state, except as necessary for the concluding	13740
thereof its conclusion.	13741

Sec. 1775.63.  (A) A domestic limited liability partnership	13742
or foreign registered limited liability partnership shall,	13743
annually biennially during the month of July in odd-numbered	13744
years, file a report with the office of the secretary of state	13745
verifying and, if necessary, updating, as of the thirtieth day of	13746
June of that year, the information contained in the registration	13747
application required by division (A) of sections 1775.61 and	13748
1775.64 of the Revised Code. The annual report shall be made on a	13749
form prescribed and furnished by the secretary of state and shall	13750
be signed by a majority in interest of the partners or by one or	13751
more partners authorized by the partnership to execute the report.	13752

(B) If a domestic limited liability partnership or foreign	13753
registered limited liability partnership fails to file the annual	13754
report in accordance with division (A) of this section, the	13755
secretary of state shall give notice of the failure by certified	13756
mail to the last known address of the partnership or its statutory	13757
agent. If the report is not filed within thirty days after the	13758
mailing of the notice, the secretary of state shall, upon the	13759
expiration of that period, cancel the registration of the	13760
partnership, give notice of the cancellation to the partnership by	13761
regular mail to the last known address of the partnership or its	13762
statutory agent, and make a notation of the cancellation on the	13763
secretary of state's records.	13764

(C) A domestic limited liability partnership or foreign	13765
registered limited liability partnership whose registration has	13766
been canceled pursuant to division (B) of this section may be	13767
reinstated by filing an application for reinstatement, together	13768
with the required annual report or reports, and by paying a the	13769
reinstatement fee specified in division (Q) of ten dollars section	13770
111.16 of the Revised Code. The secretary of state shall inform	13771
the tax commissioner of all cancellations and reinstatements under	13772
this section.	13773

Sec. 1775.64.  (A) Before transacting business in this	13774
state, a foreign limited liability partnership shall file a	13775
registration application with the secretary of state. The	13776
application shall be on a form prescribed by the secretary of	13777
state and shall set forth only the following information:	13778

(1) The name of the partnership;

13779

(2) The jurisdiction pursuant to the laws of which it was	13780
organized as a limited liability partnership;	13781

(3) The address of its principal office or, if the	13782
partnership's principal office is not located in this state, the	13783
address of a registered office;	13784

(4) The name and address of its agent for service of process	13785
in this state;	13786

(5) A brief statement of the business in which the	13787
partnership engages.	13788

(B) A registration application shall be accompanied by the	13789
application fee specified in division (F) of section 111.16 of the	13790
Revised Code.	13791

(C) A foreign limited liability partnership transacting	13792
business in this state shall comply with the name, correction, and	13793
annual reporting requirements set forth in division (G) of section	13794
1775.61, divisions (B) and (C) of section 1775.62, and section	13795
1775.63 of the Revised Code and shall comply with any statutory or	13796
administrative registration or filing requirements governing the	13797
specific type of business in which the partnership engages.	13798

(D) The secretary of state shall register as a foreign	13799
limited liability partnership, any foreign limited liability	13800
partnership that submits a completed registration application with	13801
the required fee.	13802

(E) Registration as a foreign limited liability partnership	13803
ceases if either of the following occurs:	13804

(1) The registration is voluntarily withdrawn by filing with	13805
the secretary of state, on a form prescribed by the secretary of	13806
state, a written withdrawal notice signed by one or more partners	13807
authorized by the partnership to execute a withdrawal notice.	13808

(2) The registration is canceled by the secretary of state	13809
pursuant to section 1775.63 of the Revised Code.	13810

Sec. 1782.04.  (A) Each limited partnership shall maintain	13811
continuously in this state an agent for service of process on the	13812
limited partnership. The agent shall be a natural person who is a	13813
resident of this state, a domestic corporation, or a foreign	13814
corporation holding a license as such under the laws of this	13815
state.	13816

(B) The secretary of state shall not accept a certificate of	13817
limited partnership for filing unless there is filed with the	13818
certificate a written appointment of an agent that is signed by	13819
the general partners of the limited partnership and a written	13820
acceptance of the appointment that is signed by the agent, or	13821
unless there is filed a written appointment of an agent that is	13822
signed by any authorized officer of the limited partnership and a	13823
written acceptance of the appointment that is either the original	13824
acceptance signed by the agent or a photocopy, facsimile, or	13825
similar reproduction of the original acceptance signed by the	13826
agent.	13827

In the discretion of the secretary of state, an original	13828
appointment of statutory agent may be submitted on the same form	13829
as the certificate of limited partnership but shall not be	13830
considered a part of the certificate.	13831

(C) The written appointment of an agent shall set forth the	13832
name and address in this state of the agent, including the street	13833
and number or other particular description, and shall otherwise be	13834
in the form the secretary of state prescribes. The secretary of	13835
state shall keep a record of the names of limited partnerships,	13836
and the names and addresses of their respective agents.	13837

(D) If any agent dies, removes from the state, or resigns,	13838
the limited partnership shall forthwith appoint another agent and	13839
file with the secretary of state, on a form prescribed by the	13840
secretary of state, a written appointment of the new agent.	13841

(E) If the agent changes the agent's address from that	13842
appearing upon the record in the office of the secretary of state,	13843
the limited partnership or the agent forthwith shall file with the	13844
secretary of state, on a form prescribed by the secretary of	13845
state, a written statement setting forth the new address.	13846

(F) An agent may resign by filing with the secretary of	13847
state, on a form prescribed by the secretary of state, a written	13848
notice to that effect that is signed by the agent and by sending a	13849
copy of the notice to the limited partnership at its current or	13850
last known address or its principal office on or prior to the date	13851
the notice is filed with the secretary of state. The notice shall	13852
set forth the name of the limited partnership, the name and	13853
current address of the agent, the current or last known address,	13854
including the street and number or other particular description,	13855
of the limited partnership's principal office, the resignation of	13856
the agent, and a statement that a copy of the notice has been sent	13857
to the limited partnership within the time and in the manner	13858
prescribed by this division. Upon the expiration of thirty days	13859
after the filing, the authority of the agent shall terminate.	13860

(G) A limited partnership may revoke the appointment of an	13861
agent by filing with the secretary of state, on a form prescribed	13862
by the secretary of state, a written appointment of another agent	13863
and a statement that the appointment of the former agent is	13864
revoked.	13865

(H) Except when an original appointment of an agent is	13866
filed with the certificate of limited partnership, a written	13867
appointment of an agent or a written statement filed by a limited	13868
partnership with the secretary of state shall be signed by any	13869
authorized officer of the limited partnership, or the general	13870
partners of the limited partnership, or a majority of them.	13871

Sec. 1782.08.  (A) To form a limited partnership, a	13872
certificate of limited partnership shall be executed and filed	13873
with the secretary of state, as provided in section 1782.13 of the	13874
Revised Code. The certificate shall be on a form prescribed by	13875
the secretary of state and shall set forth all of the following:	13876

(1) The name of the limited partnership;

13877

(2) The address of the principal place of business of the	13878
limited partnership and the name and address, including the street	13879
and number or other particular description, of the agent for	13880
service of process maintained pursuant to section 1782.04 of the	13881
Revised Code;	13882

(3) The name and business or residence address of each	13883
general partner;	13884

(4) Any other matters that the general partners determine to	13885
include in the certificate.	13886

(B) A written appointment of a statutory agent for the	13887
purpose set forth in section 1782.04 of the Revised Code shall be	13888
filed with the certificate of limited partnership.	13889

(C) A limited partnership is an entity formed at the time of	13890
filing the certificate of limited partnership pursuant to section	13891
1782.13 of the Revised Code or at any later time specified in the	13892
certificate if, in either case, there has been substantial	13893
compliance with the requirements of division divisions (A) and (B)	13894
of this section.	13895

Sec. 1782.09.  (A) A certificate of limited partnership	13896
shall be amended by filing a certificate of amendment with the	13897
secretary of state. The certificate of amendment shall be on a	13898
form prescribed by the secretary of state and shall state all of	13899
the following:	13900

(1) The name of the limited partnership and the file number	13901
assigned to it by the secretary of state;	13902

(2) The date of the first filing of the certificate of	13903
limited partnership and, if different, the date of the first	13904
filing by the partnership with the secretary of state pursuant to	13905
section 1782.63 of the Revised Code;	13906

(3) The amendment to the certificate of limited partnership.

13907

(B) Within thirty days after the occurrence of any of the	13908
following events, an amendment to a certificate of limited	13909
partnership reflecting the occurrence of the event shall be filed	13910
pursuant to division (A) of this section:	13911

(1) A new general partner is admitted;

13912

(2) A general partner withdraws;

13913

(3) The business is continued pursuant to section 1782.44 of	13914
the Revised Code after an event of withdrawal of a general	13915
partner;	13916

(4) The address of the principal place of business of the	13917
limited partnership changes;	13918

(5) The name or identity of the statutory agent changes;

13919

(6) The address of the statutory agent changes;

13920

(7) The name of the limited partnership is changes.

13921

(C) A general partner who becomes aware that any statement	13922
in the certificate of limited partnership was materially false	13923
when made or that any arrangements or other facts described have	13924
changed, thereby making the certificate materially inaccurate,	13925
promptly shall amend the certificate.	13926

If the certificate becomes inaccurate because the designated	13927
agent changes the agent's address from that appearing in the	13928
certificate of limited partnership or any subsequent amendment	13929
thereto, the limited partnership, or the designated agent on its	13930
behalf, shall file promptly with the secretary of state, on a form	13931
prescribed by the secretary of state, an amendment setting forth	13932
the new address.	13933

(D) A certificate of limited partnership may be amended at	13934
any time for any other proper purpose the general partners	13935
determine.	13936

(E) A person is not liable because an amendment to a	13937
certificate of limited partnership has not been filed to reflect	13938
the occurrence of an event referred to in division (B) of this	13939
section if the amendment is filed within the thirty-day period	13940
specified in that division.	13941

(F) A certificate of limited partnership may be restated at	13942
any time by filing a restatement of the certificate of limited	13943
partnership with the secretary of state.	13944

Sec. 1782.433.  (A) Upon the adoption by each constituent	13945
entity of an agreement of merger or consolidation pursuant to	13946
section 1782.431 or 1782.432 of the Revised Code, a certificate of	13947
merger or consolidation shall be filed with the secretary of state	13948
that is signed by an authorized representative of each constituent	13949
entity. The certificate shall be on a form prescribed by the	13950
secretary of state and shall set forth only the information	13951
required by this section.	13952

(B)(1) The certificate of merger or consolidation shall set	13953
forth all of the following:	13954

(a) The name and the form of entity of each constituent	13955
entity and the state under the laws of which each constituent	13956
entity exists;	13957

(b) A statement that each constituent entity has complied	13958
with all of the laws under which it exists and that the laws	13959
permit the merger or consolidation;	13960

(c) The name and mailing address of the person or entity	13961
that is to provide, in response to any written request made by a	13962
shareholder, partner, or other equity holder of a constituent	13963
entity, a copy of the agreement of merger or consolidation;	13964

(d) The effective date of the merger or consolidation, which	13965
date may be on or after the date of the filing of the certificate;	13966

(e) The signature of the representative or representatives	13967
authorized to sign the certificate on behalf of each constituent	13968
entity and the office held or the capacity in which the	13969
representative is acting;	13970

(f) A statement that the agreement of merger or	13971
consolidation is authorized on behalf of each constituent entity	13972
and that the persons who signed the certificate on behalf of each	13973
entity are authorized to do so;	13974

(g) In the case of a merger, a statement that one or more	13975
specified constituent entities will be merged into a specified	13976
surviving entity or, in the case of a consolidation, a statement	13977
that the constituent entities will be consolidated into a new	13978
entity;	13979

(h) In the case of a merger, if the surviving entity is a	13980
foreign entity not licensed to transact business in this state,	13981
the name and address of the statutory agent upon whom any process,	13982
notice, or demand may be served;	13983

(i) In the case of a consolidation, the name and address of	13984
the statutory agent upon whom any process, notice, or demand	13985
against any constituent entity or the new entity may be served.	13986

(2) In the case of a consolidation into a new domestic	13987
corporation, limited liability company, or limited partnership,	13988
the articles of incorporation, the articles of organization, or	13989
the certificate of limited partnership of the new domestic entity	13990
shall be filed with the certificate of merger or consolidation.	13991

(3) In the case of a merger into a domestic corporation,	13992
limited liability company, or limited partnership, any amendments	13993
to the articles of incorporation, articles of organization, or	13994
certificate of limited partnership of the surviving domestic	13995
entity shall be filed with the certificate of merger or	13996
consolidation.	13997

(4) If the surviving or new entity is a foreign entity that	13998
desires to transact business in this state as a foreign	13999
corporation, limited liability company, or limited partnership,	14000
the certificate of merger or consolidation shall be accompanied by	14001
the information required by division (B)(7), (8), or (9) of	14002
section 1782.432 of the Revised Code.	14003

(5) If a foreign or domestic corporation licensed to	14004
transact business in this state is a constituent entity and the	14005
surviving or new entity resulting from the merger or consolidation	14006
is not a foreign or domestic corporation that is to be licensed to	14007
transact business in this state, the certificate of merger or	14008
consolidation shall be accompanied by the affidavits, receipts,	14009
certificates, or other evidence required by division (H) of	14010
section 1701.86 of the Revised Code, with respect to each domestic	14011
constituent corporation, and by the affidavits, receipts,	14012
certificates, or other evidence required by division (C) or (D) of	14013
section 1703.17 of the Revised Code, with respect to each foreign	14014
constituent corporation licensed to transact business in this	14015
state.	14016

(C) If any constituent entity in a merger or consolidation	14017
is organized or formed under the laws of a state other than this	14018
state or under any chapter of the Revised Code other than this	14019
chapter, there also shall be filed in the proper office all	14020
documents that are required to be filed in connection with the	14021
merger or consolidation by the laws of that state or by that	14022
chapter.	14023

(D) Upon the filing of a certificate of merger or	14024
consolidation and other filings as described in division (C) of	14025
this section or at any later date that the certificate of merger	14026
or consolidation specifies, the merger or consolidation is	14027
effective.	14028

(E) The secretary of state shall furnish, upon request and	14029
payment of a the fee specified in division (D) of ten dollars	14030
section 111.16 of the Revised Code, the secretary of state's	14031
certificate setting forth: the name and form of entity of each	14032
constituent entity and the states under the laws of which each	14033
constituent entity existed prior to the merger or consolidation;	14034
the name and the form of entity of the surviving or new entity and	14035
the state under the laws of which the surviving entity exists or	14036
the new entity is to exist; the date of filing of the certificate	14037
of merger or consolidation with the secretary of state; and the	14038
effective date of the merger or consolidation. The certificate of	14039
the secretary of state, or a copy of the certificate of merger or	14040
consolidation certified by the secretary of state, may be filed	14041
for record in the office of the recorder of any county in this	14042
state and, if filed, shall be recorded in the records of deeds for	14043
that county. For that recording, the county recorder shall charge	14044
and collect the same fee as in the case of deeds.	14045

Sec. 1785.06.  A professional association, within thirty days	14046
after the thirtieth day of June in each year, shall furnish a	14047
statement to the secretary of state showing the names and	14048
post-office addresses of all of the shareholders in the	14049
association and certifying that all of the shareholders are duly	14050
licensed, certificated, or otherwise legally authorized to render	14051
within this state the same professional service for which the	14052
association was organized or, in the case of a combination of	14053
professional services described in division (B) of section 1785.01	14054
of the Revised Code, to render within this state any of the	14055
applicable types of professional services for which the	14056
association was organized. This statement shall be made on a form	14057
that the secretary of state shall prescribe, shall be signed by an	14058
officer of the association, and shall be filed in the office of	14059
the secretary of state.	14060

If any professional association fails to file the annual	14061
statement within the time required by this section, the secretary	14062
of state shall give notice of the failure by certified mail,	14063
return receipt requested, to the last known address of the	14064
association or its agent. If the annual statement is not filed	14065
within thirty days after the mailing of the notice, the secretary	14066
of state, upon the expiration of that period, shall cancel the	14067
association's articles of incorporation, give notice of the	14068
cancellation to the association by mail sent to the last known	14069
address of the association or its agent, and make a notation of	14070
the cancellation on the records of the secretary of state.	14071

A professional association whose articles have been canceled	14072
pursuant to this section may be reinstated by filing an	14073
application for reinstatement and the required annual statement or	14074
statements and by paying a the reinstatement fee specified in	14075
division (Q) of ten dollars section 111.16 of the Revised Code.	14076
The rights, privileges, and franchises of a professional	14077
association whose articles have been reinstated are subject to	14078
section 1701.922 of the Revised Code. The secretary of state	14079
shall inform the tax commissioner of all cancellations and	14080
reinstatements under this section.	14081

Sec. 1901.26.  (A) Subject to division (E) of this section,	14082
costs in a municipal court shall be fixed and taxed as follows:	14083

(1) The municipal court shall require an advance deposit for	14084
the filing of any new civil action or proceeding when required by	14085
division (A)(9) of this section, and in all other cases, by rule,	14086
shall establish a schedule of fees and costs to be taxed in any	14087
civil or criminal action or proceeding.	14088

(2) The municipal court, by rule, may require an advance	14089
deposit for the filing of any civil action or proceeding and	14090
publication fees as provided in section 2701.09 of the Revised	14091
Code. The court may waive the requirement for advance deposit	14092
upon affidavit or other evidence that a party is unable to make	14093
the required deposit.	14094

(3) When a jury trial is demanded in any civil action or	14095
proceeding, the party making the demand may be required to make an	14096
advance deposit as fixed by rule of court, unless, upon affidavit	14097
or other evidence, the court concludes that the party is unable to	14098
make the required deposit. If a jury is called, the fees of a	14099
jury shall be taxed as costs.	14100

(4) In any civil or criminal action or proceeding,	14101
witnesses' fees shall be fixed in accordance with sections 2335.06	14102
and 2335.08 of the Revised Code.	14103

(5) A reasonable charge for driving, towing, carting,	14104
storing, keeping, and preserving motor vehicles and other personal	14105
property recovered or seized in any proceeding may be taxed as	14106
part of the costs in a trial of the cause, in an amount that shall	14107
be fixed by rule of court.	14108

(6) Chattel property seized under any writ or process issued	14109
by the court shall be preserved pending final disposition for the	14110
benefit of all persons interested and may be placed in storage	14111
when necessary or proper for that preservation. The custodian of	14112
any chattel property so stored shall not be required to part with	14113
the possession of the property until a reasonable charge, to be	14114
fixed by the court, is paid.	14115

(7) The municipal court, as it determines, may refund all	14116
deposits and advance payments of fees and costs, including those	14117
for jurors and summoning jurors, when they have been paid by the	14118
losing party.	14119

(8) Charges for the publication of legal notices required by	14120
statute or order of court may be taxed as part of the costs, as	14121
provided by section 7.13 of the Revised Code.	14122

(B)(1) The municipal court may determine that, for the	14123
efficient operation of the court, additional funds are necessary	14124
to acquire and pay for special projects of the court including,	14125
but not limited to, the acquisition of additional facilities or	14126
the rehabilitation of existing facilities, the acquisition of	14127
equipment, the hiring and training of staff, community service	14128
programs, mediation or dispute resolution services, the employment	14129
of magistrates, the training and education of judges, acting	14130
judges, and magistrates, and other related services. Upon that	14131
determination, the court by rule may charge a fee, in addition to	14132
all other court costs, on the filing of each criminal cause, civil	14133
action or proceeding, or judgment by confession.	14134

If the municipal court offers a special program or service in	14135
cases of a specific type, the municipal court by rule may assess	14136
an additional charge in a case of that type, over and above court	14137
costs, to cover the special program or service. The municipal	14138
court shall adjust the special assessment periodically, but not	14139
retroactively, so that the amount assessed in those cases does not	14140
exceed the actual cost of providing the service or program.	14141

All moneys collected under division (B) of this section shall	14142
be paid to the county treasurer if the court is a county-operated	14143
municipal court or to the city treasurer if the court is not a	14144
county-operated municipal court for deposit into either a general	14145
special projects fund or a fund established for a specific special	14146
project. Moneys from a fund of that nature shall be disbursed	14147
upon an order of the court in an amount no greater than the actual	14148
cost to the court of a project. If a specific fund is terminated	14149
because of the discontinuance of a program or service established	14150
under division (B) of this section, the municipal court may order	14151
that moneys remaining in the fund be transferred to an account	14152
established under this division for a similar purpose.	14153

(2) As used in division (B) of this section:

14154

(a) "Criminal cause" means a charge alleging the violation of	14155
a statute or ordinance, or subsection of a statute or ordinance,	14156
that requires a separate finding of fact or a separate plea before	14157
disposition and of which the defendant may be found guilty,	14158
whether filed as part of a multiple charge on a single summons,	14159
citation, or complaint or as a separate charge on a single	14160
summons, citation, or complaint. "Criminal cause" does not include	14161
separate violations of the same statute or ordinance, or	14162
subsection of the same statute or ordinance, unless each charge is	14163
filed on a separate summons, citation, or complaint.	14164

(b) "Civil action or proceeding" means any civil litigation	14165
that must be determined by judgment entry.	14166

(C) Prior to January 1, 1993, and on and after January 1,	14167
2003, the municipal court shall collect the sum of four dollars as	14168
additional filing fees in each new civil action or proceeding for	14169
the charitable public purpose of providing financial assistance to	14170
legal aid societies that operate within the state. From January	14171
1, 1993, through December 31, 2002, the The municipal court shall	14172
collect in all its divisions except the small claims division the	14173
sum of fifteen dollars as additional filing fees in each new civil	14174
action or proceeding for the charitable public purpose of	14175
providing financial assistance to legal aid societies that operate	14176
within the state. From January 1, 1993, through December 31, 2002,	14177
the The municipal court shall collect in its small claims division	14178
the sum of seven dollars as additional filing fees in each new	14179
civil action or proceeding for the charitable public purpose of	14180
providing financial assistance to legal aid societies that operate	14181
within the state. This division does not apply to any execution	14182
on a judgment, proceeding in aid of execution, or other	14183
post-judgment proceeding arising out of a civil action. The	14184
filing fees required to be collected under this division shall be	14185
in addition to any other court costs imposed in the action or	14186
proceeding and shall be collected at the time of the filing of the	14187
action or proceeding. The court shall not waive the payment of	14188
the additional filing fees in a new civil action or proceeding	14189
unless the court waives the advanced payment of all filing fees in	14190
the action or proceeding. All such moneys shall be transmitted on	14191
the first business day of each month by the clerk of the court to	14192
the treasurer of state. The moneys then shall be deposited by the	14193
treasurer of state to the credit of the legal aid fund established	14194
under section 120.52 of the Revised Code.	14195

The court may retain up to one per cent of the moneys it	14196
collects under this division to cover administrative costs,	14197
including the hiring of any additional personnel necessary to	14198
implement this division.	14199

(D) In the Cleveland municipal court, reasonable charges for	14200
investigating titles of real estate to be sold or disposed of	14201
under any writ or process of the court may be taxed as part of the	14202
costs.	14203

(E) Under the circumstances described in sections 2969.21 to	14204
2969.27 of the Revised Code, the clerk of the municipal court	14205
shall charge the fees and perform the other duties specified in	14206
those sections.	14207

Sec. 1907.24.  (A) Subject to division (C) of this section,	14208
a county court shall fix and tax fees and costs as follows:	14209

(1) The county court shall require an advance deposit for	14210
the filing of any new civil action or proceeding when required by	14211
division (C) of this section and, in all other cases, shall	14212
establish a schedule of fees and costs to be taxed in any civil or	14213
criminal action or proceeding.	14214

(2) The county court by rule may require an advance deposit	14215
for the filing of a civil action or proceeding and publication	14216
fees as provided in section 2701.09 of the Revised Code. The	14217
court may waive an advance deposit requirement upon the	14218
presentation of an affidavit or other evidence that establishes	14219
that a party is unable to make the requisite deposit.	14220

(3) When a party demands a jury trial in a civil action or	14221
proceeding, the county court may require the party to make an	14222
advance deposit as fixed by rule of court, unless the court	14223
concludes, on the basis of an affidavit or other evidence	14224
presented by the party, that the party is unable to make the	14225
requisite deposit. If a jury is called, the county court shall	14226
tax the fees of a jury as costs.	14227

(4) In a civil or criminal action or proceeding, the county	14228
court shall fix the fees of witnesses in accordance with sections	14229
2335.06 and 2335.08 of the Revised Code.	14230

(5) A county court may tax as part of the costs in a trial	14231
of the cause, in an amount fixed by rule of court, a reasonable	14232
charge for driving, towing, carting, storing, keeping, and	14233
preserving motor vehicles and other personal property recovered or	14234
seized in a proceeding.	14235

(6) The court shall preserve chattel property seized under a	14236
writ or process issued by the court pending final disposition for	14237
the benefit of all interested persons. The court may place the	14238
chattel property in storage when necessary or proper for its	14239
preservation. The custodian of chattel property so stored shall	14240
not be required to part with the possession of the property until	14241
a reasonable charge, to be fixed by the court, is paid.	14242

(7) The county court, as it determines, may refund all	14243
deposits and advance payments of fees and costs, including those	14244
for jurors and summoning jurors, when they have been paid by the	14245
losing party.	14246

(8) The court may tax as part of costs charges for the	14247
publication of legal notices required by statute or order of	14248
court, as provided by section 7.13 of the Revised Code.	14249

(B)(1) The county court may determine that, for the	14250
efficient operation of the court, additional funds are necessary	14251
to acquire and pay for special projects of the court including,	14252
but not limited to, the acquisition of additional facilities or	14253
the rehabilitation of existing facilities, the acquisition of	14254
equipment, the hiring and training of staff, community service	14255
programs, mediation or dispute resolution services, the employment	14256
of magistrates, the training and education of judges, acting	14257
judges, and magistrates, and other related services. Upon that	14258
determination, the court by rule may charge a fee, in addition to	14259
all other court costs, on the filing of each criminal cause, civil	14260
action or proceeding, or judgment by confession.	14261

If the county court offers a special program or service in	14262
cases of a specific type, the county court by rule may assess an	14263
additional charge in a case of that type, over and above court	14264
costs, to cover the special program or service. The county court	14265
shall adjust the special assessment periodically, but not	14266
retroactively, so that the amount assessed in those cases does not	14267
exceed the actual cost of providing the service or program.	14268

All moneys collected under division (B) of this section shall	14269
be paid to the county treasurer for deposit into either a general	14270
special projects fund or a fund established for a specific special	14271
project. Moneys from a fund of that nature shall be disbursed	14272
upon an order of the court in an amount no greater than the actual	14273
cost to the court of a project. If a specific fund is terminated	14274
because of the discontinuance of a program or service established	14275
under division (B) of this section, the county court may order	14276
that moneys remaining in the fund be transferred to an account	14277
established under this division for a similar purpose.	14278

(2) As used in division (B) of this section:

14279

(a) "Criminal cause" means a charge alleging the violation of	14280
a statute or ordinance, or subsection of a statute or ordinance,	14281
that requires a separate finding of fact or a separate plea before	14282
disposition and of which the defendant may be found guilty,	14283
whether filed as part of a multiple charge on a single summons,	14284
citation, or complaint or as a separate charge on a single	14285
summons, citation, or complaint. "Criminal cause" does not include	14286
separate violations of the same statute or ordinance, or	14287
subsection of the same statute or ordinance, unless each charge is	14288
filed on a separate summons, citation, or complaint.	14289

(b) "Civil action or proceeding" means any civil litigation	14290
that must be determined by judgment entry.	14291

(C) Subject to division (E) of this section, prior to	14292
January 1, 1993, and on and after January 1, 2003, the county	14293
court shall collect the sum of four dollars as additional filing	14294
fees in each new civil action or proceeding for the charitable	14295
public purpose of providing financial assistance to legal aid	14296
societies that operate within the state. Subject to division (E)	14297
of this section, from January 1, 1993, through December 31, 2002,	14298
the county court shall collect in all its divisions except the	14299
small claims division the sum of fifteen dollars as additional	14300
filing fees in each new civil action or proceeding for the	14301
charitable public purpose of providing financial assistance to	14302
legal aid societies that operate within the state. Subject to	14303
division (E) of this section, from January 1, 1993, through	14304
December 31, 2002, the county court shall collect in its small	14305
claims division the sum of seven dollars as additional filing fees	14306
in each new civil action or proceeding for the charitable public	14307
purpose of providing financial assistance to legal aid societies	14308
that operate within the state. This division does not apply to	14309
any execution on a judgment, proceeding in aid of execution, or	14310
other post-judgment proceeding arising out of a civil action. The	14311
filing fees required to be collected under this division shall be	14312
in addition to any other court costs imposed in the action or	14313
proceeding and shall be collected at the time of the filing of the	14314
action or proceeding. The court shall not waive the payment of	14315
the additional filing fees in a new civil action or proceeding	14316
unless the court waives the advanced payment of all filing fees in	14317
the action or proceeding. All such moneys collected during a	14318
month shall be transmitted on or before the twentieth day of the	14319
following month by the clerk of the court to the treasurer of	14320
state. The moneys then shall be deposited by the treasurer of	14321
state to the credit of the legal aid fund established under	14322
section 120.52 of the Revised Code.	14323

The court may retain up to one per cent of the moneys it	14324
collects under this division to cover administrative costs,	14325
including the hiring of any additional personnel necessary to	14326
implement this division.	14327

(D) The county court shall establish by rule a schedule of	14328
fees for miscellaneous services performed by the county court or	14329
any of its judges in accordance with law. If judges of the court	14330
of common pleas perform similar services, the fees prescribed in	14331
the schedule shall not exceed the fees for those services	14332
prescribed by the court of common pleas.	14333

(E) Under the circumstances described in sections 2969.21 to	14334
2969.27 of the Revised Code, the clerk of the county court shall	14335
charge the fees and perform the other duties specified in those	14336
sections.	14337

Sec. 2303.20.  Under the circumstances described in sections	14338
2969.21 to 2969.27 of the Revised Code, the clerk of the court of	14339
common pleas shall charge the fees and perform the other duties	14340
specified in those sections. In all other cases, the clerk shall	14341
charge the following fees and no more:	14342

(A) Twenty-five dollars for each cause of action which shall	14343
include the following:	14344

(1) Docketing in all dockets;

14345

(2) Filing necessary documents, noting the filing of the	14346
documents, except subpoena, on the dockets;	14347

(3) Issuing certificate of deposit in foreign writs;

14348

(4) Indexing pending suits and living judgments;

14349

(5) Noting on appearance docket all papers mailed;

14350

(6) Certificate for attorney's fee;

14351

(7) Certificate for stenographer's fee;

14352

(8) Preparing cost bill;

14353

(9) Entering on indictment any plea;

14354

(10) Entering costs on docket and cash book.

14355

(B) Two dollars for taking each undertaking, bond, or	14356
recognizance;	14357

(C) Two dollars for issuing each writ, order, or notice,	14358
except subpoena;	14359

(D) Two dollars for each name for issuing subpoena, swearing	14360
witness, entering attendance, and certifying fees;	14361

(E) Twenty-five dollars for calling a jury in each cause;

14362

(F) Two dollars for each page, for entering on journal,	14363
indexing, and posting on any docket;	14364

(G) Three dollars for each execution or transcript of	14365
judgment, including indexing;	14366

(H) One dollar for each page, for making complete record,	14367
including indexing;	14368

(I) Five dollars for certifying a plat recorded in the	14369
county recorder's office;	14370

(J) Five dollars for issuing certificate to receiver or	14371
order of reference with oath;	14372

(K) Five dollars for entering satisfaction or partial	14373
satisfaction of each lien on record in the county recorder's	14374
office, and the clerk of courts' office;	14375

(L) One dollar for each certificate of fact under seal of	14376
the court, to be paid by the party demanding it;	14377

(M) One dollar for taking each affidavit, including	14378
certificate and seal;	14379

(N) Two dollars for acknowledging all instruments in	14380
writing;	14381

(O) Five dollars for making certificate of judgment;

14382

(P) Ten dollars for filing, docketing, and endorsing a	14383
certificate of judgment, including the indexing and noting the	14384
return of the certificate;	14385

(Q) Twenty-five dollars for each cause of action for each	14386
judgment by confession, including all docketing, indexing, and	14387
entries on the journal;	14388

(R) Five dollars for recording commission of a mayor or	14389
notary public;	14390

(S) One dollar for issuing any license except the licenses	14391
issued pursuant to sections 1533.101, 1533.11, 1533.13, and	14392
1533.32 of the Revised Code;	14393

(T) Fifteen dollars for docketing and indexing each aid in	14394
execution or petition to vacate, revive, or modify judgment,	14395
including the filing and noting of all necessary documents;	14396

(U) Twenty-five dollars for docketing and indexing each	14397
appeal, including the filing and noting of all necessary	14398
documents;	14399

(V) A commission of two per cent on the first ten thousand	14400
dollars and one per cent on all exceeding ten thousand dollars for	14401
receiving and disbursing money, other than costs and fees, paid to	14402
or deposited with the clerk of courts in pursuance of an order of	14403
court or on judgments, including moneys invested by order of the	14404
court and interest earned on them;	14405

(W) Five dollars for numbering, docketing, indexing, and	14406
filing each authenticated or certified copy of the record, or any	14407
portion of an authenticated or certified copy of the record, of an	14408
extra county action or proceeding;	14409

(X) Two dollars for each certificate of divorce, annulment,	14410
or dissolution of marriage to the bureau of vital statistics;	14411

(Y) Two dollars for each electronic transmission of a	14412
document, plus one dollar for each page of that document. These	14413
fees are to be paid by the party requesting the electronic	14414
transmission.	14415

(Z) One dollar for each page, for copies of pleadings,	14416
process, record, or files, including certificate and seal.	14417

Sec. 2303.201.  (A)(1) The court of common pleas of any	14418
county may determine that for the efficient operation of the court	14419
additional funds are required to computerize the court, to make	14420
available computerized legal research services, or to do both.	14421
Upon making a determination that additional funds are required for	14422
either or both of those purposes, the court shall authorize and	14423
direct the clerk of the court of common pleas to charge one	14424
additional fee, not to exceed three dollars, on the filing of each	14425
cause of action or appeal under divisions (A), (Q), and (U) of	14426
section 2303.20 of the Revised Code.	14427

(2) All fees collected under division (A)(1) of this section	14428
shall be paid to the county treasurer. The treasurer shall place	14429
the funds from the fees in a separate fund to be disbursed, upon	14430
an order of the court, in an amount not greater than the actual	14431
cost to the court of procuring and maintaining computerization of	14432
the court, computerized legal research services, or both.	14433

(3) If the court determines that the funds in the fund	14434
described in division (A)(2) of this section are more than	14435
sufficient to satisfy the purpose for which the additional fee	14436
described in division (A)(1) of this section was imposed, the	14437
court may declare a surplus in the fund and expend those surplus	14438
funds for other appropriate technological expenses of the court.	14439

(B)(1) The court of common pleas of any county may determine	14440
that, for the efficient operation of the court, additional funds	14441
are required to computerize the office of the clerk of the court	14442
of common pleas and, upon that determination, authorize and direct	14443
the clerk of the court of common pleas to charge an additional	14444
fee, not to exceed ten dollars, on the filing of each cause of	14445
action or appeal, on the filing, docketing, and endorsing of each	14446
certificate of judgment, or on the docketing and indexing of each	14447
aid in execution or petition to vacate, revive, or modify a	14448
judgment under divisions (A), (P), (Q), (T), and (U) of section	14449
2303.20 of the Revised Code. Subject to division (B)(2) of this	14450
section, all moneys collected under division (B)(1) of this	14451
section shall be paid to the county treasurer to be disbursed,	14452
upon an order of the court of common pleas and subject to	14453
appropriation by the board of county commissioners, in an amount	14454
no greater than the actual cost to the court of procuring and	14455
maintaining computer systems for the office of the clerk of the	14456
court of common pleas.	14457

(2) If the court of common pleas of a county makes the	14458
determination described in division (B)(1) of this section, the	14459
board of county commissioners of that county may issue one or more	14460
general obligation bonds for the purpose of procuring and	14461
maintaining the computer systems for the office of the clerk of	14462
the court of common pleas. In addition to the purposes stated in	14463
division (B)(1) of this section for which the moneys collected	14464
under that division may be expended, the moneys additionally may	14465
be expended to pay debt charges on and financing costs related to	14466
any general obligation bonds issued pursuant to division (B)(2) of	14467
this section as they become due. General obligation bonds issued	14468
pursuant to division (B)(2) of this section are Chapter 133.	14469
securities.	14470

(C) Prior to January 1, 1993, and on and after January 1,	14471
2003, the court of common pleas shall collect the sum of four	14472
dollars as additional filing fees in each new civil action or	14473
proceeding for the charitable public purpose of providing	14474
financial assistance to legal aid societies that operate within	14475
the state. From January 1, 1993, through December 31, 2002, the	14476
The court of common pleas shall collect the sum of fifteen dollars	14477
as additional filing fees in each new civil action or proceeding	14478
for the charitable public purpose of providing financial	14479
assistance to legal aid societies that operate within the state.	14480
This division does not apply to proceedings concerning annulments,	14481
dissolutions of marriage, divorces, legal separation, spousal	14482
support, marital property or separate property distribution,	14483
support, or other domestic relations matters; to a juvenile	14484
division of a court of common pleas; to a probate division of a	14485
court of common pleas, except that the additional filing fees	14486
shall apply to name change, guardianship, and adoption	14487
proceedings; or to an execution on a judgment, proceeding in aid	14488
of execution, or other post-judgment proceeding arising out of a	14489
civil action. The filing fees required to be collected under this	14490
division shall be in addition to any other filing fees imposed in	14491
the action or proceeding and shall be collected at the time of the	14492
filing of the action or proceeding. The court shall not waive the	14493
payment of the additional filing fees in a new civil action or	14494
proceeding unless the court waives the advanced payment of all	14495
filing fees in the action or proceeding. All such moneys	14496
collected during a month shall be transmitted on or before the	14497
twentieth day of the following month by the clerk of the court to	14498
the treasurer of state. The moneys then shall be deposited by the	14499
treasurer of state to the credit of the legal aid fund established	14500
under section 120.52 of the Revised Code.	14501

The court may retain up to one per cent of the moneys it	14502
collects under this division to cover administrative costs,	14503
including the hiring of any additional personnel necessary to	14504
implement this division.	14505

(D) On and after the thirtieth day after December 9, 1994,	14506
the court of common pleas shall collect the sum of thirty-two	14507
dollars as additional filing fees in each new action or proceeding	14508
for annulment, divorce, or dissolution of marriage for the purpose	14509
of funding shelters for victims of domestic violence pursuant to	14510
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	14511
required to be collected under this division shall be in addition	14512
to any other filing fees imposed in the action or proceeding and	14513
shall be collected at the time of the filing of the action or	14514
proceeding. The court shall not waive the payment of the	14515
additional filing fees in a new action or proceeding for	14516
annulment, divorce, or dissolution of marriage unless the court	14517
waives the advanced payment of all filing fees in the action or	14518
proceeding. On or before the twentieth day of each month, all	14519
moneys collected during the immediately preceding month pursuant	14520
to this division shall be deposited by the clerk of the court into	14521
the county treasury in the special fund used for deposit of	14522
additional marriage license fees as described in section 3113.34	14523
of the Revised Code. Upon their deposit into the fund, the moneys	14524
shall be retained in the fund and expended only as described in	14525
section 3113.34 of the Revised Code.	14526

(E)(1) The court of common pleas may determine that, for the	14527
efficient operation of the court, additional funds are necessary	14528
to acquire and pay for special projects of the court, including,	14529
but not limited to, the acquisition of additional facilities or	14530
the rehabilitation of existing facilities, the acquisition of	14531
equipment, the hiring and training of staff, community service	14532
programs, mediation or dispute resolution services, the employment	14533
of magistrates, the training and education of judges, acting	14534
judges, and magistrates, and other related services. Upon that	14535
determination, the court by rule may charge a fee, in addition to	14536
all other court costs, on the filing of each criminal cause, civil	14537
action or proceeding, or judgment by confession.	14538

If the court of common pleas offers a special program or	14539
service in cases of a specific type, the court by rule may assess	14540
an additional charge in a case of that type, over and above court	14541
costs, to cover the special program or service. The court shall	14542
adjust the special assessment periodically, but not retroactively,	14543
so that the amount assessed in those cases does not exceed the	14544
actual cost of providing the service or program.	14545

All moneys collected under division (E) of this section shall	14546
be paid to the county treasurer for deposit into either a general	14547
special projects fund or a fund established for a specific special	14548
project. Moneys from a fund of that nature shall be disbursed	14549
upon an order of the court in an amount no greater than the actual	14550
cost to the court of a project. If a specific fund is terminated	14551
because of the discontinuance of a program or service established	14552
under division (E) of this section, the court may order that	14553
moneys remaining in the fund be transferred to an account	14554
established under this division for a similar purpose.	14555

(2) As used in division (E) of this section:

14556

(a) "Criminal cause" means a charge alleging the violation of	14557
a statute or ordinance, or subsection of a statute or ordinance,	14558
that requires a separate finding of fact or a separate plea before	14559
disposition and of which the defendant may be found guilty,	14560
whether filed as part of a multiple charge on a single summons,	14561
citation, or complaint or as a separate charge on a single	14562
summons, citation, or complaint. "Criminal cause" does not include	14563
separate violations of the same statute or ordinance, or	14564
subsection of the same statute or ordinance, unless each charge is	14565
filed on a separate summons, citation, or complaint.	14566

(b) "Civil action or proceeding" means any civil litigation	14567
that must be determined by judgment entry.	14568

Sec. 2317.02.  The following persons shall not testify in	14569
certain respects:	14570

(A) An attorney, concerning a communication made to the	14571
attorney by a client in that relation or the attorney's advice to	14572
a client, except that the attorney may testify by express consent	14573
of the client or, if the client is deceased, by the express	14574
consent of the surviving spouse or the executor or administrator	14575
of the estate of the deceased client and except that, if the	14576
client voluntarily testifies or is deemed by section 2151.421 of	14577
the Revised Code to have waived any testimonial privilege under	14578
this division, the attorney may be compelled to testify on the	14579
same subject;	14580

(B)(1) A physician or a dentist concerning a communication	14581
made to the physician or dentist by a patient in that relation or	14582
the physician's or dentist's advice to a patient, except as	14583
otherwise provided in this division, division (B)(2), and division	14584
(B)(3) of this section, and except that, if the patient is deemed	14585
by section 2151.421 of the Revised Code to have waived any	14586
testimonial privilege under this division, the physician may be	14587
compelled to testify on the same subject.	14588

The testimonial privilege established under this division	14589
does not apply, and a physician or dentist may testify or may be	14590
compelled to testify, in any of the following circumstances:	14591

(a) In any civil action, in accordance with the discovery	14592
provisions of the Rules of Civil Procedure in connection with a	14593
civil action, or in connection with a claim under Chapter 4123. of	14594
the Revised Code, under any of the following circumstances:	14595

(i) If the patient or the guardian or other legal	14596
representative of the patient gives express consent;	14597

(ii) If the patient is deceased, the spouse of the patient	14598
or the executor or administrator of the patient's estate gives	14599
express consent;	14600

(iii) If a medical claim, dental claim, chiropractic claim,	14601
or optometric claim, as defined in section 2305.11 of the Revised	14602
Code, an action for wrongful death, any other type of civil	14603
action, or a claim under Chapter 4123. of the Revised Code is	14604
filed by the patient, the personal representative of the estate of	14605
the patient if deceased, or the patient's guardian or other legal	14606
representative.	14607

(b) In any civil action concerning court-ordered treatment	14608
or services received by a patient, if the court-ordered treatment	14609
or services were ordered as part of a case plan journalized under	14610
section 2151.412 of the Revised Code or the court-ordered	14611
treatment or services are necessary or relevant to dependency,	14612
neglect, or abuse or temporary or permanent custody proceedings	14613
under Chapter 2151. of the Revised Code.	14614

(c) In any criminal action concerning any test or the	14615
results of any test that determines the presence or concentration	14616
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	14617
patient's blood, breath, urine, or other bodily substance at any	14618
time relevant to the criminal offense in question.	14619

(d) In any criminal action against a physician or dentist.	14620
In such an action, the testimonial privilege established under	14621
this division does not prohibit the admission into evidence, in	14622
accordance with the Rules of Evidence, of a patient's medical or	14623
dental records or other communications between a patient and the	14624
physician or dentist that are related to the action and obtained	14625
by subpoena, search warrant, or other lawful means. A court that	14626
permits or compels a physician or dentist to testify in such an	14627
action or permits the introduction into evidence of patient	14628
records or other communications in such an action shall require	14629
that appropriate measures be taken to ensure that the	14630
confidentiality of any patient named or otherwise identified in	14631
the records is maintained. Measures to ensure confidentiality	14632
that may be taken by the court include sealing its records or	14633
deleting specific information from its records.	14634

(2)(a) If any law enforcement officer submits a written	14635
statement to a health care provider that states that an official	14636
criminal investigation has begun regarding a specified person or	14637
that a criminal action or proceeding has been commenced against a	14638
specified person, that requests the provider to supply to the	14639
officer copies of any records the provider possesses that pertain	14640
to any test or the results of any test administered to the	14641
specified person to determine the presence or concentration of	14642
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	14643
person's blood, breath, or urine at any time relevant to the	14644
criminal offense in question, and that conforms to section	14645
2317.022 of the Revised Code, the provider, except to the extent	14646
specifically prohibited by any law of this state or of the United	14647
States, shall supply to the officer a copy of any of the requested	14648
records the provider possesses. If the health care provider does	14649
not possess any of the requested records, the provider shall give	14650
the officer a written statement that indicates that the provider	14651
does not possess any of the requested records.	14652

(b) If a health care provider possesses any records of the	14653
type described in division (B)(2)(a) of this section regarding the	14654
person in question at any time relevant to the criminal offense in	14655
question, in lieu of personally testifying as to the results of	14656
the test in question, the custodian of the records may submit a	14657
certified copy of the records, and, upon its submission, the	14658
certified copy is qualified as authentic evidence and may be	14659
admitted as evidence in accordance with the Rules of Evidence.	14660
Division (A) of section 2317.422 of the Revised Code does not	14661
apply to any certified copy of records submitted in accordance	14662
with this division. Nothing in this division shall be construed	14663
to limit the right of any party to call as a witness the person	14664
who administered the test to which the records pertain, the person	14665
under whose supervision the test was administered, the custodian	14666
of the records, the person who made the records, or the person	14667
under whose supervision the records were made.	14668

(3)(a) If the testimonial privilege described in division	14669
(B)(1) of this section does not apply as provided in division	14670
(B)(1)(a)(iii) of this section, a physician or dentist may be	14671
compelled to testify or to submit to discovery under the Rules of	14672
Civil Procedure only as to a communication made to the physician	14673
or dentist by the patient in question in that relation, or the	14674
physician's or dentist's advice to the patient in question, that	14675
related causally or historically to physical or mental injuries	14676
that are relevant to issues in the medical claim, dental claim,	14677
chiropractic claim, or optometric claim, action for wrongful	14678
death, other civil action, or claim under Chapter 4123. of the	14679
Revised Code.	14680

(b) If the testimonial privilege described in division	14681
(B)(1) of this section does not apply to a physician or dentist as	14682
provided in division (B)(1)(c) of this section, the physician or	14683
dentist, in lieu of personally testifying as to the results of the	14684
test in question, may submit a certified copy of those results,	14685
and, upon its submission, the certified copy is qualified as	14686
authentic evidence and may be admitted as evidence in accordance	14687
with the Rules of Evidence. Division (A) of section 2317.422 of	14688
the Revised Code does not apply to any certified copy of results	14689
submitted in accordance with this division. Nothing in this	14690
division shall be construed to limit the right of any party to	14691
call as a witness the person who administered the test in	14692
question, the person under whose supervision the test was	14693
administered, the custodian of the results of the test, the person	14694
who compiled the results, or the person under whose supervision	14695
the results were compiled.	14696

(4) The testimonial privilege described in division (B)(1)	14697
of this section is not waived when a communication is made by a	14698
physician to a pharmacist or when there is communication between a	14699
patient and a pharmacist in furtherance of the physician-patient	14700
relation.	14701

(5)(a) As used in divisions (B)(1) to (4) of this section,	14702
"communication" means acquiring, recording, or transmitting any	14703
information, in any manner, concerning any facts, opinions, or	14704
statements necessary to enable a physician or dentist to diagnose,	14705
treat, prescribe, or act for a patient. A "communication" may	14706
include, but is not limited to, any medical or dental, office, or	14707
hospital communication such as a record, chart, letter,	14708
memorandum, laboratory test and results, x-ray, photograph,	14709
financial statement, diagnosis, or prognosis.	14710

(b) As used in division (B)(2) of this section, "health care	14711
provider" has the same meaning as in section 3729.01 of the	14712
Revised Code means a hospital, ambulatory care facility, long-term	14713
care facility, pharmacy, emergency facility, or health care	14714
practitioner.	14715

(c) As used in division (B)(5)(b) of this section:

14716

(i) "Ambulatory care facility" means a facility that provides	14717
medical, diagnostic, or surgical treatment to patients who do not	14718
require hospitalization, including a dialysis center, ambulatory	14719
surgical facility, cardiac catheterization facility, diagnostic	14720
imaging center, extracorporeal shock wave lithotripsy center, home	14721
health agency, inpatient hospice, birthing center, radiation	14722
therapy center, emergency facility, and an urgent care center.	14723
"Ambulatory health care facility" does not include the private	14724
office of a physician or dentist, whether the office is for an	14725
individual or group practice.	14726

(ii) "Emergency facility" means a hospital emergency	14727
department or any other facility that provides emergency medical	14728
services.	14729

(iii) "Health care practitioner" has the same meaning as in	14730
section 4769.01 of the Revised Code.	14731

(iv) "Hospital" has the same meaning as in section 3727.01 of	14732
the Revised Code.	14733

(v) "Long-term care facility" means a nursing home,	14734
residential care facility, or home for the aging, as those terms	14735
are defined in section 3721.01 of the Revised Code; an adult care	14736
facility, as defined in section 3722.01 of the Revised Code; a	14737
nursing facility or intermediate care facility for the mentally	14738
retarded, as those terms are defined in section 5111.20 of the	14739
Revised Code; a facility or portion of a facility certified as a	14740
skilled nursing facility under Title XVIII of the "Social Security	14741
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	14742

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	14743
the Revised Code.	14744

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	14745
apply to doctors of medicine, doctors of osteopathic medicine,	14746
doctors of podiatry, and dentists.	14747

(7) Nothing in divisions (B)(1) to (6) of this section	14748
affects, or shall be construed as affecting, the immunity from	14749
civil liability conferred by section 307.628 or 2305.33 of the	14750
Revised Code upon physicians who report an employee's use of a	14751
drug of abuse, or a condition of an employee other than one	14752
involving the use of a drug of abuse, to the employer of the	14753
employee in accordance with division (B) of that section. As used	14754
in division (B)(7) of this section, "employee," "employer," and	14755
"physician" have the same meanings as in section 2305.33 of the	14756
Revised Code.	14757

(C) A member of the clergy, rabbi, priest, or regularly	14758
ordained, accredited, or licensed minister of an established and	14759
legally cognizable church, denomination, or sect, when the member	14760
of the clergy, rabbi, priest, or minister remains accountable to	14761
the authority of that church, denomination, or sect, concerning a	14762
confession made, or any information confidentially communicated,	14763
to the member of the clergy, rabbi, priest, or minister for a	14764
religious counseling purpose in the member of the clergy's,	14765
rabbi's, priest's, or minister's professional character; however,	14766
the member of the clergy, rabbi, priest, or minister may testify	14767
by express consent of the person making the communication, except	14768
when the disclosure of the information is in violation of a sacred	14769
trust;	14770

(D) Husband or wife, concerning any communication made by	14771
one to the other, or an act done by either in the presence of the	14772
other, during coverture, unless the communication was made, or act	14773
done, in the known presence or hearing of a third person competent	14774
to be a witness; and such rule is the same if the marital relation	14775
has ceased to exist;	14776

(E) A person who assigns a claim or interest, concerning any	14777
matter in respect to which the person would not, if a party, be	14778
permitted to testify;	14779

(F) A person who, if a party, would be restricted under	14780
section 2317.03 of the Revised Code, when the property or thing is	14781
sold or transferred by an executor, administrator, guardian,	14782
trustee, heir, devisee, or legatee, shall be restricted in the	14783
same manner in any action or proceeding concerning the property or	14784
thing.	14785

(G)(1) A school guidance counselor who holds a valid	14786
educator license from the state board of education as provided for	14787
in section 3319.22 of the Revised Code, a person licensed under	14788
Chapter 4757. of the Revised Code as a professional clinical	14789
counselor, professional counselor, social worker, or independent	14790
social worker, or registered under Chapter 4757. of the Revised	14791
Code as a social work assistant concerning a confidential	14792
communication received from a client in that relation or the	14793
person's advice to a client unless any of the following applies:	14794

(a) The communication or advice indicates clear and present	14795
danger to the client or other persons. For the purposes of this	14796
division, cases in which there are indications of present or past	14797
child abuse or neglect of the client constitute a clear and	14798
present danger.	14799

(b) The client gives express consent to the testimony.

14800

(c) If the client is deceased, the surviving spouse or the	14801
executor or administrator of the estate of the deceased client	14802
gives express consent.	14803

(d) The client voluntarily testifies, in which case the	14804
school guidance counselor or person licensed or registered under	14805
Chapter 4757. of the Revised Code may be compelled to testify on	14806
the same subject.	14807

(e) The court in camera determines that the information	14808
communicated by the client is not germane to the counselor-client	14809
or social worker-client relationship.	14810

(f) A court, in an action brought against a school, its	14811
administration, or any of its personnel by the client, rules after	14812
an in-camera inspection that the testimony of the school guidance	14813
counselor is relevant to that action.	14814

(g) The testimony is sought in a civil action and concerns	14815
court-ordered treatment or services received by a patient as part	14816
of a case plan journalized under section 2151.412 of the Revised	14817
Code or the court-ordered treatment or services are necessary or	14818
relevant to dependency, neglect, or abuse or temporary or	14819
permanent custody proceedings under chapter Chapter 2151. of the	14820
Revised Code.	14821

(2) Nothing in division (G)(1) of this section shall relieve	14822
a school guidance counselor or a person licensed or registered	14823
under Chapter 4757. of the Revised Code from the requirement to	14824
report information concerning child abuse or neglect under section	14825
2151.421 of the Revised Code.	14826

(H) A mediator acting under a mediation order issued under	14827
division (A) of section 3109.052 of the Revised Code or otherwise	14828
issued in any proceeding for divorce, dissolution, legal	14829
separation, annulment, or the allocation of parental rights and	14830
responsibilities for the care of children, in any action or	14831
proceeding, other than a criminal, delinquency, child abuse, child	14832
neglect, or dependent child action or proceeding, that is brought	14833
by or against either parent who takes part in mediation in	14834
accordance with the order and that pertains to the mediation	14835
process, to any information discussed or presented in the	14836
mediation process, to the allocation of parental rights and	14837
responsibilities for the care of the parents' children, or to the	14838
awarding of parenting time rights in relation to their children;	14839

(I) A communications assistant, acting within the scope of	14840
the communication assistant's authority, when providing	14841
telecommunications relay service pursuant to section 4931.35 of	14842
the Revised Code or Title II of the "Communications Act of 1934,"	14843
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	14844
made through a telecommunications relay service. Nothing in this	14845
section shall limit the obligation of a communications assistant	14846
to divulge information or testify when mandated by federal law or	14847
regulation or pursuant to subpoena in a criminal proceeding.	14848

Nothing in this section shall limit any immunity or privilege	14849
granted under federal law or regulation.	14850

(J)(1) A chiropractor in a civil proceeding concerning a	14851
communication made to the chiropractor by a patient in that	14852
relation or the chiropractor's advice to a patient, except as	14853
otherwise provided in this division. The testimonial privilege	14854
established under this division does not apply, and a chiropractor	14855
may testify or may be compelled to testify, in any civil action,	14856
in accordance with the discovery provisions of the Rules of Civil	14857
Procedure in connection with a civil action, or in connection with	14858
a claim under Chapter 4123. of the Revised Code, under any of the	14859
following circumstances:	14860

(a) If the patient or the guardian or other legal	14861
representative of the patient gives express consent.	14862

(b) If the patient is deceased, the spouse of the patient or	14863
the executor or administrator of the patient's estate gives	14864
express consent.	14865

(c) If a medical claim, dental claim, chiropractic claim, or	14866
optometric claim, as defined in section 2305.11 of the Revised	14867
Code, an action for wrongful death, any other type of civil	14868
action, or a claim under Chapter 4123. of the Revised Code is	14869
filed by the patient, the personal representative of the estate of	14870
the patient if deceased, or the patient's guardian or other legal	14871
representative.	14872

(2) If the testimonial privilege described in division	14873
(J)(1) of this section does not apply as provided in division	14874
(J)(1)(c) of this section, a chiropractor may be compelled to	14875
testify or to submit to discovery under the Rules of Civil	14876
Procedure only as to a communication made to the chiropractor by	14877
the patient in question in that relation, or the chiropractor's	14878
advice to the patient in question, that related causally or	14879
historically to physical or mental injuries that are relevant to	14880
issues in the medical claim, dental claim, chiropractic claim, or	14881
optometric claim, action for wrongful death, other civil action,	14882
or claim under Chapter 4123. of the Revised Code.	14883

(3) The testimonial privilege established under this	14884
division does not apply, and a chiropractor may testify or be	14885
compelled to testify, in any criminal action or administrative	14886
proceeding.	14887

(4) As used in this division, "communication" means	14888
acquiring, recording, or transmitting any information, in any	14889
manner, concerning any facts, opinions, or statements necessary to	14890
enable a chiropractor to diagnosis, treat, or act for a patient. A	14891
communication may include, but is not limited to, any	14892
chiropractic, office, or hospital communication such as a record,	14893
chart, letter, memorandum, laboratory test and results, x-ray,	14894
photograph, financial statement, diagnosis, or prognosis.	14895

Sec. 2317.022.  (A) As used in this section, "health care	14896
provider" has the same meaning as in section 3729.01 2317.02 of	14897
the Revised Code.	14898

(B) If an official criminal investigation has begun	14899
regarding a person or if a criminal action or proceeding is	14900
commenced against a person, any law enforcement officer who wishes	14901
to obtain from any health care provider a copy of any records the	14902
provider possesses that pertain to any test or the result of any	14903
test administered to the person to determine the presence or	14904
concentration of alcohol, a drug of abuse, or alcohol and a drug	14905
of abuse in the person's blood, breath, or urine at any time	14906
relevant to the criminal offense in question shall submit to the	14907
health care facility a written statement in the following form:	14908

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

14909

To: .................... (insert name of the health care	14910
provider in question).	14911

I hereby state that an official criminal investigation has	14912
begun regarding, or a criminal action or proceeding has been	14913
commenced against, .................... (insert the name of the	14914
person in question), and that I believe that one or more tests has	14915
been administered to him that person by this health care provider	14916
to determine the presence or concentration of alcohol, a drug of	14917
abuse, or alcohol and a drug of abuse in his that person's blood,	14918
breath, or urine at a time relevant to the criminal offense in	14919
question. Therefore, I hereby request that, pursuant to division	14920
(B)(2) of section 2317.02 of the Revised Code, this health care	14921
provider supply me with copies of any records the provider	14922
possesses that pertain to any test or the results of any test	14923
administered to the person specified above to determine the	14924
presence or concentration of alcohol, a drug of abuse, or alcohol	14925
and a drug of abuse in his that person's blood, breath, or urine	14926
at any time relevant to the criminal offense in question.	14927

.....................................

14928

(Name of officer)

14929

.....................................

14930

(Officer's title)

14931

.....................................

14932

(Officer's employing agency)

14933

.....................................

14934

(Officer's telephone number)

14935

.....................................

14936

.....................................

14937

.....................................

14938

(Agency's address)

14939

.....................................

14940

(Date written statement submitted)"

14941

(C) A health care provider that receives a written statement	14942
of the type described in division (B) of this section shall comply	14943
with division (B)(2) of section 2317.02 of the Revised Code	14944
relative to the written statement.	14945

Sec. 2329.66.  (A) Every person who is domiciled in this	14946
state may hold property exempt from execution, garnishment,	14947
attachment, or sale to satisfy a judgment or order, as follows:	14948

(1)(a) In the case of a judgment or order regarding money	14949
owed for health care services rendered or health care supplies	14950
provided to the person or a dependent of the person, one parcel or	14951
item of real or personal property that the person or a dependent	14952
of the person uses as a residence. Division (A)(1)(a) of this	14953
section does not preclude, affect, or invalidate the creation	14954
under this chapter of a judgment lien upon the exempted property	14955
but only delays the enforcement of the lien until the property is	14956
sold or otherwise transferred by the owner or in accordance with	14957
other applicable laws to a person or entity other than the	14958
surviving spouse or surviving minor children of the judgment	14959
debtor. Every person who is domiciled in this state may hold	14960
exempt from a judgment lien created pursuant to division (A)(1)(a)	14961
of this section the person's interest, not to exceed five thousand	14962
dollars, in the exempted property.	14963

(b) In the case of all other judgments and orders, the	14964
person's interest, not to exceed five thousand dollars, in one	14965
parcel or item of real or personal property that the person or a	14966
dependent of the person uses as a residence.	14967

(2) The person's interest, not to exceed one thousand	14968
dollars, in one motor vehicle;	14969

(3) The person's interest, not to exceed two hundred dollars	14970
in any particular item, in wearing apparel, beds, and bedding, and	14971
the person's interest, not to exceed three hundred dollars in each	14972
item, in one cooking unit and one refrigerator or other food	14973
preservation unit;	14974

(4)(a) The person's interest, not to exceed four hundred	14975
dollars, in cash on hand, money due and payable, money to become	14976
due within ninety days, tax refunds, and money on deposit with a	14977
bank, savings and loan association, credit union, public utility,	14978
landlord, or other person. Division (A)(4)(a) of this section	14979
applies only in bankruptcy proceedings. This exemption may	14980
include the portion of personal earnings that is not exempt under	14981
division (A)(13) of this section.	14982

(b) Subject to division (A)(4)(d) of this section, the	14983
person's interest, not to exceed two hundred dollars in any	14984
particular item, in household furnishings, household goods,	14985
appliances, books, animals, crops, musical instruments, firearms,	14986
and hunting and fishing equipment, that are held primarily for the	14987
personal, family, or household use of the person;	14988

(c) Subject to division (A)(4)(d) of this section, the	14989
person's interest in one or more items of jewelry, not to exceed	14990
four hundred dollars in one item of jewelry and not to exceed two	14991
hundred dollars in every other item of jewelry;	14992

(d) Divisions (A)(4)(b) and (c) of this section do not	14993
include items of personal property listed in division (A)(3) of	14994
this section.	14995

If the person does not claim an exemption under division	14996
(A)(1) of this section, the total exemption claimed under division	14997
(A)(4)(b) of this section shall be added to the total exemption	14998
claimed under division (A)(4)(c) of this section, and the total	14999
shall not exceed two thousand dollars. If the person claims an	15000
exemption under division (A)(1) of this section, the total	15001
exemption claimed under division (A)(4)(b) of this section shall	15002
be added to the total exemption claimed under division (A)(4)(c)	15003
of this section, and the total shall not exceed one thousand five	15004
hundred dollars.	15005

(5) The person's interest, not to exceed an aggregate of	15006
seven hundred fifty dollars, in all implements, professional	15007
books, or tools of the person's profession, trade, or business,	15008
including agriculture;	15009

(6)(a) The person's interest in a beneficiary fund set	15010
apart, appropriated, or paid by a benevolent association or	15011
society, as exempted by section 2329.63 of the Revised Code;	15012

(b) The person's interest in contracts of life or endowment	15013
insurance or annuities, as exempted by section 3911.10 of the	15014
Revised Code;	15015

(c) The person's interest in a policy of group insurance or	15016
the proceeds of a policy of group insurance, as exempted by	15017
section 3917.05 of the Revised Code;	15018

(d) The person's interest in money, benefits, charity,	15019
relief, or aid to be paid, provided, or rendered by a fraternal	15020
benefit society, as exempted by section 3921.18 of the Revised	15021
Code;	15022

(e) The person's interest in the portion of benefits under	15023
policies of sickness and accident insurance and in lump-sum lump	15024
sum payments for dismemberment and other losses insured under	15025
those policies, as exempted by section 3923.19 of the Revised	15026
Code.	15027

(7) The person's professionally prescribed or medically	15028
necessary health aids;	15029

(8) The person's interest in a burial lot, including, but	15030
not limited to, exemptions under section 517.09 or 1721.07 of the	15031
Revised Code;	15032

(9) The person's interest in the following:

15033

(a) Moneys paid or payable for living maintenance or rights,	15034
as exempted by section 3304.19 of the Revised Code;	15035

(b) Workers' compensation, as exempted by section 4123.67 of	15036
the Revised Code;	15037

(c) Unemployment compensation benefits, as exempted by	15038
section 4141.32 of the Revised Code;	15039

(d) Cash assistance payments under the Ohio works first	15040
program, as exempted by section 5107.75 of the Revised Code;	15041

(e) Benefits and services under the prevention, retention,	15042
and contingency program, as exempted by section 5108.08 of the	15043
Revised Code;	15044

(f) Disability assistance payments, as exempted by section	15045
5115.07 of the Revised Code.	15046

(10)(a) Except in cases in which the person was convicted of	15047
or pleaded guilty to a violation of section 2921.41 of the Revised	15048
Code and in which an order for the withholding of restitution from	15049
payments was issued under division (C)(2)(b) of that section or in	15050
cases in which an order for withholding was issued under section	15051
2907.15 of the Revised Code, and only to the extent provided in	15052
the order, and except as provided in sections 3105.171, 3105.63,	15053
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	15054
Code, the person's right to a pension, benefit, annuity,	15055
retirement allowance, or accumulated contributions, the person's	15056
right to a participant account in any deferred compensation	15057
program offered by the Ohio public employees deferred compensation	15058
board, a government unit, or a municipal corporation, or the	15059
person's other accrued or accruing rights, as exempted by section	15060
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	15061
the Revised Code, and the person's right to benefits from the Ohio	15062
public safety officers death benefit fund;	15063

(b) Except as provided in sections 3119.80, 3119.81,	15064
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's	15065
right to receive a payment under any pension, annuity, or similar	15066
plan or contract, not including a payment from a stock bonus or	15067
profit-sharing plan or a payment included in division (A)(6)(b) or	15068
(10)(a) of this section, on account of illness, disability, death,	15069
age, or length of service, to the extent reasonably necessary for	15070
the support of the person and any of the person's dependents,	15071
except if all the following apply:	15072

(i) The plan or contract was established by or under the	15073
auspices of an insider that employed the person at the time the	15074
person's rights under the plan or contract arose.	15075

(ii) The payment is on account of age or length of service.

15076

(iii) The plan or contract is not qualified under the	15077
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	15078
amended.	15079

(c) Except for any portion of the assets that were deposited	15080
for the purpose of evading the payment of any debt and except as	15081
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15082
3123.06 of the Revised Code, the person's right in the assets held	15083
in, or to receive any payment under, any individual retirement	15084
account, individual retirement annuity, "Roth IRA," or education	15085
individual retirement account that provides benefits by reason of	15086
illness, disability, death, or age, to the extent that the assets,	15087
payments, or benefits described in division (A)(10)(c) of this	15088
section are attributable to any of the following:	15089

(i) Contributions of the person that were less than or equal	15090
to the applicable limits on deductible contributions to an	15091
individual retirement account or individual retirement annuity in	15092
the year that the contributions were made, whether or not the	15093
person was eligible to deduct the contributions on the person's	15094
federal tax return for the year in which the contributions were	15095
made;	15096

(ii) Contributions of the person that were less than or	15097
equal to the applicable limits on contributions to a Roth IRA or	15098
education individual retirement account in the year that the	15099
contributions were made;	15100

(iii) Contributions of the person that are within the	15101
applicable limits on rollover contributions under subsections 219,	15102
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	15103
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	15104
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	15105

(d) Except for any portion of the assets that were deposited	15106
for the purpose of evading the payment of any debt and except as	15107
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15108
3123.06 of the Revised Code, the person's right in the assets held	15109
in, or to receive any payment under, any Keogh or "H.R. 10" plan	15110
that provides benefits by reason of illness, disability, death, or	15111
age, to the extent reasonably necessary for the support of the	15112
person and any of the person's dependents.	15113

(11) The person's right to receive spousal support, child	15114
support, an allowance, or other maintenance to the extent	15115
reasonably necessary for the support of the person and any of the	15116
person's dependents;	15117

(12) The person's right to receive, or moneys received	15118
during the preceding twelve calendar months from, any of the	15119
following:	15120

(a) An award of reparations under sections 2743.51 to	15121
2743.72 of the Revised Code, to the extent exempted by division	15122
(D) of section 2743.66 of the Revised Code;	15123

(b) A payment on account of the wrongful death of an	15124
individual of whom the person was a dependent on the date of the	15125
individual's death, to the extent reasonably necessary for the	15126
support of the person and any of the person's dependents;	15127

(c) Except in cases in which the person who receives the	15128
payment is an inmate, as defined in section 2969.21 of the Revised	15129
Code, and in which the payment resulted from a civil action or	15130
appeal against a government entity or employee, as defined in	15131
section 2969.21 of the Revised Code, a payment, not to exceed five	15132
thousand dollars, on account of personal bodily injury, not	15133
including pain and suffering or compensation for actual pecuniary	15134
loss, of the person or an individual for whom the person is a	15135
dependent;	15136

(d) A payment in compensation for loss of future earnings of	15137
the person or an individual of whom the person is or was a	15138
dependent, to the extent reasonably necessary for the support of	15139
the debtor and any of the debtor's dependents.	15140

(13) Except as provided in sections 3119.80, 3119.81,	15141
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	15142
earnings of the person owed to the person for services in an	15143
amount equal to the greater of the following amounts:	15144

(a) If paid weekly, thirty times the current federal minimum	15145
hourly wage; if paid biweekly, sixty times the current federal	15146
minimum hourly wage; if paid semimonthly, sixty-five times the	15147
current federal minimum hourly wage; or if paid monthly, one	15148
hundred thirty times the current federal minimum hourly wage that	15149
is in effect at the time the earnings are payable, as prescribed	15150
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	15151
U.S.C. 206(a)(1), as amended;	15152

(b) Seventy-five per cent of the disposable earnings owed to	15153
the person.	15154

(14) The person's right in specific partnership property, as	15155
exempted by division (B)(3) of section 1775.24 of the Revised	15156
Code;	15157

(15) A seal and official register of a notary public, as	15158
exempted by section 147.04 of the Revised Code;	15159

(16) The person's interest in a tuition credit or a payment	15160
under section 3334.09 of the Revised Code pursuant to a tuition	15161
credit contract, as exempted by section 3334.15 of the Revised	15162
Code;	15163

(17) Any other property that is specifically exempted from	15164
execution, attachment, garnishment, or sale by federal statutes	15165
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	15166
U.S.C.A. 101, as amended;	15167

(18) The person's interest, not to exceed four hundred	15168
dollars, in any property, except that division (A)(18) of this	15169
section applies only in bankruptcy proceedings.	15170

(B) As used in this section:

15171

(1) "Disposable earnings" means net earnings after the	15172
garnishee has made deductions required by law, excluding the	15173
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	15174
3121.03, or 3123.06 of the Revised Code.	15175

(2) "Insider" means:

15176

(a) If the person who claims an exemption is an individual,	15177
a relative of the individual, a relative of a general partner of	15178
the individual, a partnership in which the individual is a general	15179
partner, a general partner of the individual, or a corporation of	15180
which the individual is a director, officer, or in control;	15181

(b) If the person who claims an exemption is a corporation,	15182
a director or officer of the corporation; a person in control of	15183
the corporation; a partnership in which the corporation is a	15184
general partner; a general partner of the corporation; or a	15185
relative of a general partner, director, officer, or person in	15186
control of the corporation;	15187

(c) If the person who claims an exemption is a partnership,	15188
a general partner in the partnership; a general partner of the	15189
partnership; a person in control of the partnership; a partnership	15190
in which the partnership is a general partner; or a relative in, a	15191
general partner of, or a person in control of the partnership;	15192

(d) An entity or person to which or whom any of the	15193
following applies:	15194

(i) The entity directly or indirectly owns, controls, or	15195
holds with power to vote, twenty per cent or more of the	15196
outstanding voting securities of the person who claims an	15197
exemption, unless the entity holds the securities in a fiduciary	15198
or agency capacity without sole discretionary power to vote the	15199
securities or holds the securities solely to secure to debt and	15200
the entity has not in fact exercised the power to vote.	15201

(ii) The entity is a corporation, twenty per cent or more of	15202
whose outstanding voting securities are directly or indirectly	15203
owned, controlled, or held with power to vote, by the person who	15204
claims an exemption or by an entity to which division (B)(2)(d)(i)	15205
of this section applies.	15206

(iii) A person whose business is operated under a lease or	15207
operating agreement by the person who claims an exemption, or a	15208
person substantially all of whose business is operated under an	15209
operating agreement with the person who claims an exemption.	15210

(iv) The entity operates the business or all or	15211
substantially all of the property of the person who claims an	15212
exemption under a lease or operating agreement.	15213

(e) An insider, as otherwise defined in this section, of a	15214
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	15215
(iv) of this section applies, as if the person or entity were a	15216
person who claims an exemption;	15217

(f) A managing agent of the person who claims an exemption.

15218

(3) "Participant account" has the same meaning as in section	15219
148.01 of the Revised Code.	15220

(4) "Government unit" has the same meaning as in section	15221
148.06 of the Revised Code.	15222

(C) For purposes of this section, "interest" shall be	15223
determined as follows:	15224

(1) In bankruptcy proceedings, as of the date a petition is	15225
filed with the bankruptcy court commencing a case under Title 11	15226
of the United States Code;	15227

(2) In all cases other than bankruptcy proceedings, as of	15228
the date of an appraisal, if necessary under section 2329.68 of	15229
the Revised Code, or the issuance of a writ of execution.	15230

An interest, as determined under division (C)(1) or (2) of	15231
this section, shall not include the amount of any lien otherwise	15232
valid pursuant to section 2329.661 of the Revised Code.	15233

Sec. 2715.041.  (A) Upon the filing of a motion for an order	15234
of attachment pursuant to section 2715.03 of the Revised Code, the	15235
plaintiff shall file with the clerk of the court a praecipe	15236
instructing the clerk to issue to the defendant against whom the	15237
motion was filed a notice of the proceeding. Upon receipt of the	15238
praecipe, the clerk shall issue the notice which shall be in	15239
substantially the following form:	15240

(Case Caption)

15243

NOTICE

15244

You are hereby notified that (name and address of plaintiff),	15245
the plaintiff in this proceeding, has applied to this court for	15246
the attachment of property in your possession. The basis for this	15247
application is indicated in the documents that are enclosed with	15248
this notice.	15249

The law of Ohio and the United States provides that certain	15250
benefit payments cannot be taken from you to pay a debt. Typical	15251
among the benefits that cannot be attached or executed on by a	15252
creditor are:	15253

(1) Workers' compensation benefits;

15254

(2) Unemployment compensation payments;

15255

(3) Cash assistance payments under the Ohio works first	15256
program;	15257

(4) Benefits and services under the prevention, retention,	15258
and contingency program;	15259

(5) Disability assistance administered by the Ohio department	15260
of job and family services;	15261

(5)(6) Social security benefits;

15262

(6)(7) Supplemental security income (S.S.I.);

15263

(7)(8) Veteran's benefits;

15264

(8)(9) Black lung benefits;

15265

(9)(10) Certain pensions.

15266

Additionally, your wages never can be taken to pay a debt	15267
until a judgment has been obtained against you. There may be	15268
other benefits not included in this list that apply in your case.	15269

If you dispute the plaintiff's claim and believe that you are	15270
entitled to retain possession of the property because it is exempt	15271
or for any other reason, you may request a hearing before this	15272
court by disputing the claim in the request for hearing form	15273
appearing below, or in a substantially similar form, and	15274
delivering the request for the hearing to this court, at the	15275
office of the clerk of this court, not later than the end of the	15276
fifth business day after you receive this notice. You may state	15277
your reasons for disputing the claim in the space provided on the	15278
form, but you are not required to do so. If you do state your	15279
reasons for disputing the claim in the space provided on the form,	15280
you are not prohibited from stating any other reasons at the	15281
hearing, and if you do not state your reasons, it will not be held	15282
against you by the court and you can state your reasons at the	15283
hearing.	15284

If you request a hearing, it will be conducted in	15285
................... courtroom ........, (address of court), at	15286
.............m. on ............., .....	15287

You may avoid having a hearing but retain possession of the	15288
property until the entry of final judgment in the action by filing	15289
with the court, at the office of the clerk of this court, not	15290
later than the end of the fifth business day after you receive	15291
this notice, a bond executed by an acceptable surety in the amount	15292
of $............	15293

If you do not request a hearing or file a bond on or before	15294
the end of the fifth business day after you receive this notice,	15295
the court, without further notice to you, may order a law	15296
enforcement officer or bailiff to take possession of the property.	15297
Notice of the dates, times, places, and purposes of any subsequent	15298
hearings and of the date, time, and place of the trial of the	15299
action will be sent to you.	15300

(B) Along with the notice required by division (A) of this	15304
section, the clerk of the court also shall deliver to the	15305
defendant, in accordance with division (C) of this section, a	15306
request for hearing form together with a postage-paid,	15307
self-addressed envelope or a request for hearing form on a	15308
postage-paid, self-addressed postcard. The request for hearing	15309
shall be in substantially the following form:	15310

"(Name and Address of Court)

15311

REQUEST FOR HEARING

15313

I dispute the claim for the attachment of property in the	15314
above case and request that a hearing in this matter be held at	15315
the time and place set forth in the notice that I previously	15316
received.	15317

I dispute the claim for the following reasons:

15318

................................................................

15319

(Optional)

15320

................................................................

15321

................................................................

15322

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15329
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15330
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15331
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	15332
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	15333

(C) The notice required by division (A) of this section	15334
shall be served on the defendant in duplicate not less than seven	15335
business days prior to the date on which the hearing is scheduled,	15336
together with a copy of the complaint and summons, if not	15337
previously served, and a copy of the motion for the attachment of	15338
property and the affidavit attached to the motion, in the same	15339
manner as provided in the Rules of Civil Procedure for the service	15340
of process. Service may be effected by publication as provided in	15341
the Rules of Civil Procedure except that the number of weeks for	15342
publication may be reduced by the court to the extent appropriate.	15343

Sec. 2715.045.  (A) Upon the filing of a motion for	15344
attachment, a court may issue an order of attachment without	15345
issuing notice to the defendant against whom the motion was filed	15346
and without conducting a hearing if the court finds that there is	15347
probable cause to support the motion and that the plaintiff that	15348
filed the motion for attachment will suffer irreparable injury if	15349
the order is delayed until the defendant against whom the motion	15350
has been filed has been given the opportunity for a hearing. The	15351
court's findings shall be based upon the motion and affidavit	15352
filed pursuant to section 2715.03 of the Revised Code and any	15353
other relevant evidence that it may wish to consider.	15354

(B) A finding by the court that the plaintiff will suffer	15355
irreparable injury may be made only if the court finds the	15356
existence of either of the following circumstances:	15357

(1) There is present danger that the property will be	15358
immediately disposed of, concealed, or placed beyond the	15359
jurisdiction of the court.	15360

(2) The value of the property will be impaired substantially	15361
if the issuance of an order of attachment is delayed.	15362

(C)(1) Upon the issuance by a court of an order of	15363
attachment without notice and hearing pursuant to this section,	15364
the plaintiff shall file the order with the clerk of the court,	15365
together with a praecipe instructing the clerk to issue to the	15366
defendant against whom the order was issued a copy of the motion,	15367
affidavit, and order of attachment, and a notice that an order of	15368
attachment was issued and that the defendant has a right to a	15369
hearing on the matter. The clerk then immediately shall serve	15370
upon the defendant, in the manner provided by the Rules of Civil	15371
Procedure for service of process, a copy of the complaint and	15372
summons, if not previously served, a copy of the motion,	15373
affidavit, and order of attachment, and the following notice:	15374

"(Name and Address of the Court)

15375

NOTICE

15377

You are hereby notified that this court has issued an order	15378
in the above case in favor of (name and address of plaintiff), the	15379
plaintiff in this proceeding, directing that property now in your	15380
possession, be taken from you. This order was issued on the basis	15381
of the plaintiff's claim against you as indicated in the documents	15382
that are enclosed with this notice.	15383

The law of Ohio and the United States provides that certain	15384
benefit payments cannot be taken from you to pay a debt. Typical	15385
among the benefits that cannot be attached or executed on by a	15386
creditor are:	15387

(1) Workers' compensation benefits;

15388

(2) Unemployment compensation payments;

15389

(3) Cash assistance payments under the Ohio works first	15390
program;	15391

(4) Benefits and services under the prevention, retention,	15392
and contingency program;	15393

(5) Disability assistance administered by the Ohio	15394
department of job and family services;	15395

(5)(6) Social security benefits;

15396

(6)(7) Supplemental security income (S.S.I.);

15397

(7)(8) Veteran's benefits;

15398

(8)(9) Black lung benefits;

15399

(9)(10) Certain pensions.

15400

Additionally, your wages never can be taken to pay a debt	15401
until a judgment has been obtained against you. There may be	15402
other benefits not included in this list that apply in your case.	15403

If you dispute the plaintiff's claim and believe that you are	15404
entitled to possession of the property because it is exempt or for	15405
any other reason, you may request a hearing before this court by	15406
disputing the claim in the request for hearing form, appearing	15407
below, or in a substantially similar form, and delivering the	15408
request for hearing to this court at the above address, at the	15409
office of the clerk of this court, no later than the end of the	15410
fifth business day after you receive this notice. You may state	15411
your reasons for disputing the claim in the space provided on the	15412
form; however, you are not required to do so. If you do state	15413
your reasons for disputing the claim, you are not prohibited from	15414
stating any other reasons at the hearing, and if you do not state	15415
your reasons, it will not be held against you by the court and you	15416
can state your reasons at the hearing. If you request a hearing,	15417
it will be held within three business days after delivery of your	15418
request for hearing and notice of the date, time, and place of the	15419
hearing will be sent to you.	15420

You may avoid a hearing but recover and retain possession of	15421
the property until the entry of final judgment in the action by	15422
filing with the court, at the office of the clerk of this court,	15423
not later than the end of the fifth business day after you receive	15424
this notice, a bond executed by an acceptable surety in the amount	15425
of $.........	15426

If you do not request a hearing or file a bond before the end	15427
of the fifth business day after you receive this notice,	15428
possession of the property will be withheld from you during the	15429
pendency of the action. Notice of the dates, times, places, and	15430
purposes of any subsequent hearings and of the date, time, and	15431
place of the trial of the action will be sent to you.	15432

(2) Along with the notice required by division (C)(1) of	15437
this section, the clerk of the court also shall deliver to the	15438
defendant a request for hearing form together with a postage-paid,	15439
self-addressed envelope or a request for hearing form on a	15440
postage-paid, self-addressed postcard. The request for hearing	15441
shall be in substantially the following form:	15442

"(Name and Address of Court)

15443

REQUEST FOR HEARING

15445

I dispute the claim for possession of property in the above	15446
case and request that a hearing in this matter be held within	15447
three business days after delivery of this request to the court.	15448

I dispute the claim for the following reasons:

15449

..................................................................

15450

(Optional)

15451

..................................................................

15452

..................................................................

15453

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15460
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15461
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15462
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	15463
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	15464

(D) The defendant may receive a hearing in accordance with	15465
section 2715.043 of the Revised Code by delivering a written	15466
request for hearing to the court within five business days after	15467
receipt of the notice provided pursuant to division (C) of this	15468
section. The request may set forth the defendant's reasons for	15469
disputing the plaintiff's claim for possession of property.	15470
However, neither the defendant's inclusion of nor failure to	15471
include such reasons upon the request constitutes a waiver of any	15472
defense of the defendant or affects the defendant's right to	15473
produce evidence at any hearing or at the trial of the action. If	15474
the request is made by the defendant, the court shall schedule a	15475
hearing within three business days after the request is made, send	15476
notice to the parties of the date, time, and place of the hearing,	15477
and hold the hearing accordingly.	15478

(E) If, after hearing, the court finds that there is not	15479
probable cause to support the motion, it shall order that the	15480
property be redelivered to the defendant without the condition of	15481
bond.	15482

Sec. 2716.13.  (A) Upon the filing of a proceeding in	15483
garnishment of property, other than personal earnings, under	15484
section 2716.11 of the Revised Code, the court shall cause the	15485
matter to be set for hearing within twelve days after that filing.	15486

(B) Upon the scheduling of a hearing relative to a	15487
proceeding in garnishment of property, other than personal	15488
earnings, under division (A) of this section, the clerk of the	15489
court immediately shall issue to the garnishee three copies of the	15490
order of garnishment of property, other than personal earnings,	15491
and of a written notice that the garnishee answer as provided in	15492
section 2716.21 of the Revised Code and the garnishee's fee	15493
required by section 2716.12 of the Revised Code. The copies of	15494
the order and of the notice shall be served upon the garnishee in	15495
the same manner as a summons is served. The copies of the order	15496
and of the notice shall not be served later than seven days prior	15497
to the date on which the hearing is scheduled. The order shall	15498
bind the property, other than personal earnings, of the judgment	15499
debtor in the possession of the garnishee at the time of service.	15500

The order of garnishment of property, other than personal	15501
earnings, and notice to answer shall be in substantially the	15502
following form:	15503

"ORDER AND NOTICE OF GARNISHMENT

15504

OF PROPERTY OTHER THAN PERSONAL EARNINGS

15505

AND ANSWER OF GARNISHEE

15506

The State of Ohio

15511

County of ............, ss

15512

..................., Judgment Creditor

15513

vs.

15514

..................., Judgment Debtor

15515

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

15516

To: ...................., Garnishee

15517

The judgment creditor in the above case has filed an	15518
affidavit, satisfactory to the undersigned, in this Court stating	15519
that you have money, property, or credits, other than personal	15520
earnings, in your hands or under your control that belong to the	15521
judgment debtor, and that some of the money, property, or credits	15522
may not be exempt from garnishment under the laws of the State of	15523
Ohio or the laws of the United States.	15524

You are therefore ordered to complete the "ANSWER OF	15525
GARNISHEE" in section (B) of this form. Return one completed and	15526
signed copy of this form to the clerk of this court together with	15527
the amount determined in accordance with the "ANSWER OF GARNISHEE"	15528
by the following date on which a hearing is tentatively scheduled	15529
relative to this order of garnishment: ............ Deliver one	15530
completed and signed copy of this form to the judgment debtor	15531
prior to that date. Keep the other completed and signed copy of	15532
this form for your files.	15533

The total probable amount now due on this judgment is	15534
$.......... The total probable amount now due includes the unpaid	15535
portion of the judgment in favor of the judgment creditor, which	15536
is $..........; interest on that judgment and, if applicable,	15537
prejudgment interest relative to that judgment at the rate of	15538
.....% per annum payable until that judgment is satisfied in full;	15539
and court costs in the amount of $...........	15540

You also are ordered to hold safely anything of value that	15541
belongs to the judgment debtor and that has to be paid to the	15542
court, as determined under the "ANSWER OF GARNISHEE" in section	15543
(B) of this form, but that is of such a nature that it cannot be	15544
so delivered, until further order of the court.	15545

Witness my hand and the seal of this court this ..........	15546
day of .........., ..........	15547

SECTION B. ANSWER OF GARNISHEE

15550

Now comes .................... the garnishee, who says:

15551

1. That the garnishee has money, property, or credits, other	15552
than personal earnings, of the judgment debtor under the	15553
garnishee's control and in the garnishee's possession.	15554

2. That property is described as:

15557

3. If the answer to line 1 is "yes" and the amount is less	15558
than the probable amount now due on the judgment, as indicated in	15559
section (A) of this form, sign and return this form and pay the	15560
amount of line 1 to the clerk of this court.	15561

4. If the answer to line 1 is "yes" and the amount is	15562
greater than that probable amount now due on the judgment, as	15563
indicated in section (A) of this form, sign and return this form	15564
and pay that probable amount now due to the clerk of this court.	15565

5. If the answer to line 1 is "yes" but the money, property,	15566
or credits are of such a nature that they cannot be delivered to	15567
the clerk of the court, indicate that by placing an "X" in this	15568
space: ...... Do not dispose of that money, property, or credits	15569
or give them to anyone else until further order of the court.	15570

6. If the answer to line 1 is "no," sign and return this	15571
form to the clerk of this court.	15572

I certify that the statements above are true.	15573

Signed........................................................

15579

(Signature of Person Completing Form)

15580

Dated this .......... day of .........., ....."

15581

Section A of the form described in this division shall be	15582
completed before service. Section B of the form shall be	15583
completed by the garnishee, and the garnishee shall file one	15584
completed and signed copy of the form with the clerk of the court	15585
as the garnishee's answer. The garnishee may keep one completed	15586
and signed copy of the form and shall deliver the other completed	15587
and signed copy of the form to the judgment debtor.	15588

If several affidavits seeking orders of garnishment of	15589
property, other than personal earnings, are filed against the same	15590
judgment debtor in accordance with section 2716.11 of the Revised	15591
Code, the court involved shall issue the requested orders in the	15592
same order in which the clerk received the associated affidavits.	15593

(C)(1) At the time of the filing of a proceeding in	15594
garnishment of property, other than personal earnings, under	15595
section 2716.11 of the Revised Code, the judgment creditor also	15596
shall file with the clerk of the court a praecipe instructing the	15597
clerk to issue to the judgment debtor a notice to the judgment	15598
debtor form and a request for hearing form. Upon receipt of the	15599
praecipe and the scheduling of a hearing relative to an action in	15600
garnishment of property, other than personal earnings, under	15601
division (A) of this section, the clerk of the court immediately	15602
shall serve upon the judgment debtor, in accordance with division	15603
(D) of this section, two copies of the notice to the judgment	15604
debtor form and of the request for hearing form. The copies of	15605
the notice to the judgment debtor form and of the request for	15606
hearing form shall not be served later than seven days prior to	15607
the date on which the hearing is scheduled.	15608

(a) The notice to the judgment debtor that must be served	15609
upon the judgment debtor shall be in substantially the following	15610
form:	15611

"(Name and Address of the Court)

15612

(Case Caption) ......................... Case No. .............

15613

NOTICE TO THE JUDGMENT DEBTOR

15614

You are hereby notified that this court has issued an order	15615
in the above case in favor of (name and address of judgment	15616
creditor), the judgment creditor in this proceeding, directing	15617
that some of your money, property, or credits, other than personal	15618
earnings, now in the possession of (name and address of	15619
garnishee), the garnishee in this proceeding, be used to satisfy	15620
your debt to the judgment creditor. This order was issued on the	15621
basis of the judgment creditor's judgment against you that was	15622
obtained in (name of court) in (case number) on (date). Upon your	15623
receipt of this notice, you are prohibited from removing or	15624
attempting to remove the money, property, or credits until	15625
expressly permitted by the court. Any violation of this	15626
prohibition subjects you to punishment for contempt of court.	15627

The law of Ohio and the United States provides that certain	15628
benefit payments cannot be taken from you to pay a debt. Typical	15629
among the benefits that cannot be attached or executed upon by a	15630
creditor are the following:	15631

(1) Workers' compensation benefits;

15632

(2) Unemployment compensation payments;

15633

(3) Cash assistance payments under the Ohio works first	15634
program;	15635

(4) Benefits and services under the prevention, retention,	15636
and contingency program;	15637

(5) Disability assistance administered by the Ohio department	15638
of job and family services;	15639

(5)(6) Social security benefits;

15640

(6)(7) Supplemental security income (S.S.I.);

15641

(7)(8) Veteran's benefits;

15642

(8)(9) Black lung benefits;

15643

(9)(10) Certain pensions.

15644

There may be other benefits not included in the above list	15645
that apply in your case.	15646

If you dispute the judgment creditor's right to garnish your	15647
property and believe that the judgment creditor should not be	15648
given your money, property, or credits, other than personal	15649
earnings, now in the possession of the garnishee because they are	15650
exempt or if you feel that this order is improper for any other	15651
reason, you may request a hearing before this court by disputing	15652
the claim in the request for hearing form, appearing below, or in	15653
a substantially similar form, and delivering the request for	15654
hearing to this court at the above address, at the office of the	15655
clerk of this court no later than the end of the fifth business	15656
day after you receive this notice. You may state your reasons for	15657
disputing the judgment creditor's right to garnish your property	15658
in the space provided on the form; however, you are not required	15659
to do so. If you do state your reasons for disputing the judgment	15660
creditor's right, you are not prohibited from stating any other	15661
reason at the hearing. If you do not state your reasons, it will	15662
not be held against you by the court, and you can state your	15663
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15664
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	15665
the hearing will be limited to a consideration of the amount of	15666
your money, property, or credits, other than personal earnings, in	15667
the possession or control of the garnishee, if any, that can be	15668
used to satisfy all or part of the judgment you owe to the	15669
judgment creditor.	15670

If you request a hearing by delivering your request for	15671
hearing no later than the end of the fifth business day after you	15672
receive this notice, it will be conducted in .......... courtroom	15673
.........., (address of court), at ..... m. on ..........,	15674
.......... You may request the court to conduct the hearing	15675
before this date by indicating your request in the space provided	15676
on the form; the court then will send you notice of any change in	15677
the date, time, or place of the hearing. If you do not request a	15678
hearing by delivering your request for a hearing no later than the	15679
end of the fifth business day after you receive this notice, some	15680
of your money, property, or credits, other than personal earnings,	15681
will be paid to the judgment creditor.	15682

If you have any questions concerning this matter, you may	15683
contact the office of the clerk of this court. If you want legal	15684
representation, you should contact your lawyer immediately. If	15685
you need the name of a lawyer, contact the local bar association.	15686

(b) The request for hearing form that must be served upon	15691
the judgment debtor shall have attached to it a postage-paid,	15692
self-addressed envelope or shall be on a postage-paid	15693
self-addressed postcard, and shall be in substantially the	15694
following form:	15695

"(Name and Address of Court)

15696

Case Number ........................... Date	15697
....................	15698

REQUEST FOR HEARING

15699

I dispute the judgment creditor's right to garnish my money,	15700
property, or credits, other than personal earnings, in the above	15701
case and request that a hearing in this matter be held	15702

..................................................................

15703

(Insert "on" or "earlier than")

15704

the date and time set forth in the document entitled "NOTICE TO	15705
THE JUDGMENT DEBTOR" that I received with this request form.	15706

I dispute the judgment creditor's right to garnish my	15707
property for the following reasons:	15708

..................................................................

15709

(Optional)

15710

..................................................................

15711

..................................................................

15712

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	15713
BE HEARD OR CONSIDERED AT THE HEARING.	15714

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15721
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15722
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15723
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	15724
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	15725
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	15726
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	15727
CREDITOR'S NAME)."	15728

(2) The judgment debtor may receive a hearing in accordance	15729
with this division by delivering a written request for hearing to	15730
the court within five business days after receipt of the notice	15731
provided pursuant to division (C)(1) of this section. The request	15732
may set forth the judgment debtor's reasons for disputing the	15733
judgment creditor's right to garnish the money, property, or	15734
credits, other than personal earnings; however, neither the	15735
judgment debtor's inclusion of nor failure to include those	15736
reasons upon the request constitutes a waiver of any defense of	15737
the judgment debtor or affects the judgment debtor's right to	15738
produce evidence at the hearing. If the request is made by the	15739
judgment debtor within the prescribed time, the hearing shall be	15740
limited to a consideration of the amount of money, property, or	15741
credits, other than personal earnings, of the judgment debtor in	15742
the hands of the garnishee, if any, that can be used to satisfy	15743
all or part of the debt owed by the judgment debtor to the	15744
judgment creditor. If a request for a hearing is not received by	15745
the court within the prescribed time, the hearing scheduled	15746
pursuant to division (A) of this section shall be canceled unless	15747
the court grants the judgment debtor a continuance in accordance	15748
with division (C)(3) of this section.	15749

(3) If the judgment debtor does not request a hearing in the	15750
action within the prescribed time pursuant to division (C)(2) of	15751
this section, the court nevertheless may grant a continuance of	15752
the scheduled hearing if the judgment debtor, prior to the time at	15753
which the hearing was scheduled, as indicated on the notice to the	15754
judgment debtor required by division (C)(1) of this section,	15755
establishes a reasonable justification for failure to request the	15756
hearing within the prescribed time. If the court grants a	15757
continuance of the hearing, it shall cause the matter to be set	15758
for hearing as soon as practicable thereafter. The continued	15759
hearing shall be conducted in accordance with division (C)(2) of	15760
this section.	15761

(4) The court may conduct the hearing on the matter prior to	15762
the time at which the hearing was scheduled, as indicated on the	15763
notice to the judgment debtor required by division (C)(1) of this	15764
section, upon the request of the judgment debtor. The parties	15765
shall be sent notice, by the clerk of the court, by regular mail,	15766
of any change in the date, time, or place of the hearing.	15767

(5) If the scheduled hearing is canceled and no continuance	15768
is granted, the court shall issue an order to the garnishee to pay	15769
all or some of the money, property, or credits, other than	15770
personal earnings, of the judgment debtor in the possession of the	15771
garnishee at the time of service of the notice and order into	15772
court if they have not already been paid to the court. This order	15773
shall be based on the answer of the garnishee filed pursuant to	15774
this section. If the scheduled hearing is conducted or if it is	15775
continued and conducted, the court shall determine at the hearing	15776
the amount of the money, property, or credits, other than personal	15777
earnings, of the judgment debtor in the possession of the	15778
garnishee at the time of service of the notice and order, if any,	15779
that can be used to satisfy all or part of the debt owed by the	15780
judgment debtor to the judgment creditor, and issue an order,	15781
accordingly, to the garnishee to pay that amount into court if it	15782
has not already been paid to the court.	15783

(D) The notice to the judgment debtor form and the request	15784
for hearing form described in division (C) of this section shall	15785
be sent by the clerk by ordinary or regular mail service unless	15786
the judgment creditor requests that service be made in accordance	15787
with the Rules of Civil Procedure, in which case the forms shall	15788
be served in accordance with the Rules of Civil Procedure. Any	15789
court of common pleas that issues an order of garnishment of	15790
property, other than personal earnings, under this section has	15791
jurisdiction to serve process pursuant to this section upon a	15792
garnishee who does not reside within the jurisdiction of the	15793
court. Any county court or municipal court that issues an order	15794
of garnishment of property, other than personal earnings, under	15795
this section has jurisdiction to serve process pursuant to this	15796
section upon a garnishee who does not reside within the	15797
jurisdiction of the court.	15798

Sec. 2919.271.  (A)(1)(a) If a defendant is charged with a	15799
violation of section 2919.27 of the Revised Code or of a municipal	15800
ordinance that is substantially similar to that section, the court	15801
may order an evaluation of the mental condition of the defendant	15802
if the court determines that either of the following criteria	15803
apply:	15804

(i) If the alleged violation is a violation of a protection	15805
order issued or consent agreement approved pursuant to section	15806
2919.26 or 3113.31 of the Revised Code, that the violation	15807
allegedly involves conduct by the defendant that caused physical	15808
harm to the person or property of a family or household member	15809
covered by the order or agreement, or conduct by the defendant	15810
that caused a family or household member to believe that the	15811
defendant would cause physical harm to that member or that	15812
member's property.	15813

(ii) If the alleged violation is a violation of a protection	15814
order issued pursuant to section 2903.213 or 2903.214 of the	15815
Revised Code or a protection order issued by a court of another	15816
state, that the violation allegedly involves conduct by the	15817
defendant that caused physical harm to the person or property of	15818
the person covered by the order, or conduct by the defendant that	15819
caused the person covered by the order to believe that the	15820
defendant would cause physical harm to that person or that	15821
person's property.	15822

(b) If a defendant is charged with a violation of section	15823
2903.211 of the Revised Code or of a municipal ordinance that is	15824
substantially similar to that section, the court may order an	15825
evaluation of the mental condition of the defendant.	15826

(2) An evaluation ordered under division (A)(1) of this	15827
section shall be completed no later than thirty days from the date	15828
the order is entered pursuant to that division. In that order,	15829
the court shall do either of the following:	15830

(a) Order that the evaluation of the mental condition of the	15831
defendant be preceded by an examination conducted either by a	15832
forensic center that is designated by the department of mental	15833
health to conduct examinations and make evaluations of defendants	15834
charged with violations of section 2903.211 or 2919.27 of the	15835
Revised Code or of substantially similar municipal ordinances in	15836
the area in which the court is located, or by any other program or	15837
facility that is designated by the department of mental health or	15838
the department of mental retardation and developmental	15839
disabilities to conduct examinations and make evaluations of	15840
defendants charged with violations of section 2903.211 or 2919.27	15841
of the Revised Code or of substantially similar municipal	15842
ordinances, and that is operated by either department or is	15843
certified by either department as being in compliance with the	15844
standards established under division (J)(I) of section 5119.01 of	15845
the Revised Code or division (C) of section 5123.04 of the Revised	15846
Code.	15847

(b) Designate a center, program, or facility other than one	15848
designated by the department of mental health or the department of	15849
mental retardation and developmental disabilities, as described in	15850
division (A)(2)(a) of this section, to conduct the evaluation and	15851
preceding examination of the mental condition of the defendant.	15852

Whether the court acts pursuant to division (A)(2)(a) or (b)	15853
of this section, the court may designate examiners other than the	15854
personnel of the center, program, facility, or department involved	15855
to make the evaluation and preceding examination of the mental	15856
condition of the defendant.	15857

(B) If the court considers that additional evaluations of	15858
the mental condition of a defendant are necessary following the	15859
evaluation authorized by division (A) of this section, the court	15860
may order up to two additional similar evaluations. These	15861
evaluations shall be completed no later than thirty days from the	15862
date the applicable court order is entered. If more than one	15863
evaluation of the mental condition of the defendant is ordered	15864
under this division, the prosecutor and the defendant may	15865
recommend to the court an examiner whom each prefers to perform	15866
one of the evaluations and preceding examinations.	15867

(C)(1) The court may order a defendant who has been released	15868
on bail to submit to an examination under division (A) or (B) of	15869
this section. The examination shall be conducted either at the	15870
detention facility in which the defendant would have been confined	15871
if the defendant had not been released on bail, or, if so	15872
specified by the center, program, facility, or examiners involved,	15873
at the premises of the center, program, or facility. Additionally,	15874
the examination shall be conducted at the times established by the	15875
examiners involved. If such a defendant refuses to submit to an	15876
examination or a complete examination as required by the court or	15877
the center, program, facility, or examiners involved, the court	15878
may amend the conditions of the bail of the defendant and order	15879
the sheriff to take the defendant into custody and deliver the	15880
defendant to the detention facility in which the defendant would	15881
have been confined if the defendant had not been released on bail,	15882
or, if so specified by the center, program, facility, or examiners	15883
involved, to the premises of the center, program, or facility, for	15884
purposes of the examination.	15885

(2) A defendant who has not been released on bail shall be	15886
examined at the detention facility in which the defendant is	15887
confined or, if so specified by the center, program, facility, or	15888
examiners involved, at the premises of the center, program, or	15889
facility.	15890

(D) The examiner of the mental condition of a defendant	15891
under division (A) or (B) of this section shall file a written	15892
report with the court within thirty days after the entry of an	15893
order for the evaluation of the mental condition of the defendant.	15894
The report shall contain the findings of the examiner; the facts	15895
in reasonable detail on which the findings are based; the opinion	15896
of the examiner as to the mental condition of the defendant; the	15897
opinion of the examiner as to whether the defendant represents a	15898
substantial risk of physical harm to other persons as manifested	15899
by evidence of recent homicidal or other violent behavior,	15900
evidence of recent threats that placed other persons in reasonable	15901
fear of violent behavior and serious physical harm, or evidence of	15902
present dangerousness; and the opinion of the examiner as to the	15903
types of treatment or counseling that the defendant needs. The	15904
court shall provide copies of the report to the prosecutor and	15905
defense counsel.	15906

(E) The costs of any evaluation and preceding examination of	15907
a defendant that is ordered pursuant to division (A) or (B) of	15908
this section shall be taxed as court costs in the criminal case.	15909

(F) If the examiner considers it necessary in order to make	15910
an accurate evaluation of the mental condition of a defendant, an	15911
examiner under division (A) or (B) of this section may request any	15912
family or household member of the defendant to provide the	15913
examiner with information. A family or household member may, but	15914
is not required to, provide information to the examiner upon	15915
receipt of the request.	15916

(G) As used in this section:

15917

(1) "Bail" includes a recognizance.

15918

(2) "Examiner" means a psychiatrist, a licensed independent	15919
social worker who is employed by a forensic center that is	15920
certified as being in compliance with the standards established	15921
under division (J)(I) of section 5119.01 or division (C) of	15922
section 5123.04 of the Revised Code, a licensed professional	15923
clinical counselor who is employed at a forensic center that is	15924
certified as being in compliance with such standards, or a	15925
licensed clinical psychologist, except that in order to be an	15926
examiner, a licensed clinical psychologist shall meet the criteria	15927
of division (I)(1) of section 5122.01 of the Revised Code or be	15928
employed to conduct examinations by the department of mental	15929
health or by a forensic center certified as being in compliance	15930
with the standards established under division (J)(I) of section	15931
5119.01 or division (C) of section 5123.04 of the Revised Code	15932
that is designated by the department of mental health.	15933

(3) "Family or household member" has the same meaning as in	15934
section 2919.25 of the Revised Code.	15935

(4) "Prosecutor" has the same meaning as in section 2935.01	15936
of the Revised Code.	15937

(5) "Psychiatrist" and "licensed clinical psychologist" have	15938
the same meanings as in section 5122.01 of the Revised Code.	15939

(6) "Protection order issued by a court of another state"	15940
has the same meaning as in section 2919.27 of the Revised Code.	15941

Sec. 2921.13.  (A) No person shall knowingly make a false	15942
statement, or knowingly swear or affirm the truth of a false	15943
statement previously made, when any of the following applies:	15944

(1) The statement is made in any official proceeding.

15945

(2) The statement is made with purpose to incriminate	15946
another.	15947

(3) The statement is made with purpose to mislead a public	15948
official in performing the public official's official function.	15949

(4) The statement is made with purpose to secure the payment	15950
of unemployment compensation; Ohio works first; prevention,	15951
retention, and contingency assistance benefits and services;	15952
disability assistance; retirement benefits; economic development	15953
assistance, as defined in section 9.66 of the Revised Code; or	15954
other benefits administered by a governmental agency or paid out	15955
of a public treasury.	15956

(5) The statement is made with purpose to secure the	15957
issuance by a governmental agency of a license, permit,	15958
authorization, certificate, registration, release, or provider	15959
agreement.	15960

(6) The statement is sworn or affirmed before a notary	15961
public or another person empowered to administer oaths.	15962

(7) The statement is in writing on or in connection with a	15963
report or return that is required or authorized by law.	15964

(8) The statement is in writing and is made with purpose to	15965
induce another to extend credit to or employ the offender, to	15966
confer any degree, diploma, certificate of attainment, award of	15967
excellence, or honor on the offender, or to extend to or bestow	15968
upon the offender any other valuable benefit or distinction, when	15969
the person to whom the statement is directed relies upon it to	15970
that person's detriment.	15971

(9) The statement is made with purpose to commit or	15972
facilitate the commission of a theft offense.	15973

(10) The statement is knowingly made to a probate court in	15974
connection with any action, proceeding, or other matter within its	15975
jurisdiction, either orally or in a written document, including,	15976
but not limited to, an application, petition, complaint, or other	15977
pleading, or an inventory, account, or report.	15978

(11) The statement is made on an account, form, record,	15979
stamp, label, or other writing that is required by law.	15980

(12) The statement is made in connection with the purchase	15981
of a firearm, as defined in section 2923.11 of the Revised Code,	15982
and in conjunction with the furnishing to the seller of the	15983
firearm of a fictitious or altered driver's or commercial driver's	15984
license or permit, a fictitious or altered identification card, or	15985
any other document that contains false information about the	15986
purchaser's identity.	15987

(13) The statement is made in a document or instrument of	15988
writing that purports to be a judgment, lien, or claim of	15989
indebtedness and is filed or recorded with the secretary of state,	15990
a county recorder, or the clerk of a court of record.	15991

(B) No person, in connection with the purchase of a firearm,	15992
as defined in section 2923.11 of the Revised Code, shall knowingly	15993
furnish to the seller of the firearm a fictitious or altered	15994
driver's or commercial driver's license or permit, a fictitious or	15995
altered identification card, or any other document that contains	15996
false information about the purchaser's identity.	15997

(C) It is no defense to a charge under division (A)(4) of	15998
this section that the oath or affirmation was administered or	15999
taken in an irregular manner.	16000

(D) If contradictory statements relating to the same fact	16001
are made by the offender within the period of the statute of	16002
limitations for falsification, it is not necessary for the	16003
prosecution to prove which statement was false but only that one	16004
or the other was false.	16005

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	16006
(6), (7), (8), (10), (11), or (13) of this section is guilty of	16007
falsification, a misdemeanor of the first degree.	16008

(2) Whoever violates division (A)(9) of this section is	16009
guilty of falsification in a theft offense. Except as otherwise	16010
provided in this division, falsification in a theft offense is a	16011
misdemeanor of the first degree. If the value of the property or	16012
services stolen is five hundred dollars or more and is less than	16013
five thousand dollars, falsification in a theft offense is a	16014
felony of the fifth degree. If the value of the property or	16015
services stolen is five thousand dollars or more and is less than	16016
one hundred thousand dollars, falsification in a theft offense is	16017
a felony of the fourth degree. If the value of the property or	16018
services stolen is one hundred thousand dollars or more,	16019
falsification in a theft offense is a felony of the third degree.	16020

(3) Whoever violates division (A)(12) or (B) of this	16021
section is guilty of falsification to purchase a firearm, a felony	16022
of the fifth degree.	16023

(F) A person who violates this section is liable in a civil	16024
action to any person harmed by the violation for injury, death, or	16025
loss to person or property incurred as a result of the commission	16026
of the offense and for reasonable attorney's fees, court costs,	16027
and other expenses incurred as a result of prosecuting the civil	16028
action commenced under this division. A civil action under this	16029
division is not the exclusive remedy of a person who incurs	16030
injury, death, or loss to person or property as a result of a	16031
violation of this section.	16032

Sec. 2953.21.  (A)(1) Any person who has been convicted of a	16033
criminal offense or adjudicated a delinquent child and who claims	16034
that there was such a denial or infringement of the person's	16035
rights as to render the judgment void or voidable under the Ohio	16036
Constitution or the Constitution of the United States may file a	16037
petition in the court that imposed sentence, stating the grounds	16038
for relief relied upon, and asking the court to vacate or set	16039
aside the judgment or sentence or to grant other appropriate	16040
relief. The petitioner may file a supporting affidavit and other	16041
documentary evidence in support of the claim for relief.	16042

(2) A petition under division (A)(1) of this section shall	16043
be filed no later than one hundred eighty days after the date on	16044
which the trial transcript is filed in the court of appeals in the	16045
direct appeal of the judgment of conviction or adjudication or, if	16046
the direct appeal involves a sentence of death, the date on which	16047
the trial transcript is filed in the supreme court. If no appeal	16048
is taken, the petition shall be filed no later than one hundred	16049
eighty days after the expiration of the time for filing the	16050
appeal.	16051

(3) In a petition filed under division (A) of this section,	16052
a person upon whom a sentence of death has been imposed may ask	16053
the court to render void or voidable the judgment with respect to	16054
the conviction of aggravated murder or the specification of an	16055
aggravating circumstance.	16056

(4) A petitioner shall state in the original or amended	16057
petition filed under division (A) of this section all grounds for	16058
relief claimed by the petitioner. Except as provided in section	16059
2953.23 of the Revised Code, any ground for relief that is not so	16060
stated in the petition is waived.	16061

(5) If the petitioner in a petition filed under division (A)	16062
of this section was convicted of or pleaded guilty to a felony,	16063
the petition may include a claim that the petitioner was denied	16064
the equal protection of the laws in violation of the Ohio	16065
Constitution or the United States Constitution because the	16066
sentence imposed upon the petitioner for the felony was part of a	16067
consistent pattern of disparity in sentencing by the judge who	16068
imposed the sentence, with regard to the petitioner's race,	16069
gender, ethnic background, or religion. If the supreme court	16070
adopts a rule requiring a court of common pleas to maintain	16071
information with regard to an offender's race, gender, ethnic	16072
background, or religion, the supporting evidence for the petition	16073
shall include, but shall not be limited to, a copy of that type of	16074
information relative to the petitioner's sentence and copies of	16075
that type of information relative to sentences that the same judge	16076
imposed upon other persons.	16077

(B) The clerk of the court in which the petition is filed	16078
shall docket the petition and bring it promptly to the attention	16079
of the court. The petitioner need not serve a copy of the	16080
petition on the prosecuting attorney. The clerk of the court in	16081
which the petition is filed immediately shall forward a copy of	16082
the petition to the prosecuting attorney of that county.	16083

(C) The court shall consider a petition that is timely filed	16084
under division (A)(2) of this section even if a direct appeal of	16085
the judgment is pending. Before granting a hearing on a petition	16086
filed under division (A) of this section, the court shall	16087
determine whether there are substantive grounds for relief. In	16088
making such a determination, the court shall consider, in addition	16089
to the petition, the supporting affidavits, and the documentary	16090
evidence, all the files and records pertaining to the proceedings	16091
against the petitioner, including, but not limited to, the	16092
indictment, the court's journal entries, the journalized records	16093
of the clerk of the court, and the court reporter's transcript.	16094
The court reporter's transcript, if ordered and certified by the	16095
court, shall be taxed as court costs. If the court dismisses the	16096
petition, it shall make and file findings of fact and conclusions	16097
of law with respect to such dismissal.	16098

(D) Within ten days after the docketing of the petition, or	16099
within any further time that the court may fix for good cause	16100
shown, the prosecuting attorney shall respond by answer or motion.	16101
Within twenty days from the date the issues are made up, either	16102
party may move for summary judgment. The right to summary	16103
judgment shall appear on the face of the record.	16104

(E) Unless the petition and the files and records of the	16105
case show the petitioner is not entitled to relief, the court	16106
shall proceed to a prompt hearing on the issues even if a direct	16107
appeal of the case is pending. If the court notifies the parties	16108
that it has found grounds for granting relief, either party may	16109
request an appellate court in which a direct appeal of the	16110
judgment is pending to remand the pending case to the court.	16111

(F) At any time before the answer or motion is filed, the	16112
petitioner may amend the petition with or without leave or	16113
prejudice to the proceedings. The petitioner may amend the	16114
petition with leave of court at any time thereafter.	16115

(G) If the court does not find grounds for granting relief,	16116
it shall make and file findings of fact and conclusions of law and	16117
shall enter judgment denying relief on the petition. If no direct	16118
appeal of the case is pending and the court finds grounds for	16119
relief or if a pending direct appeal of the case has been remanded	16120
to the court pursuant to a request made pursuant to division (E)	16121
of this section and the court finds grounds for granting relief,	16122
it shall make and file findings of fact and conclusions of law and	16123
shall enter a judgment that vacates and sets aside the judgment in	16124
question, and, in the case of a petitioner who is a prisoner in	16125
custody, shall discharge or resentence the petitioner or grant a	16126
new trial as the court determines appropriate. The court also may	16127
make supplementary orders to the relief granted, concerning such	16128
matters as rearraignment, retrial, custody, and bail. If the	16129
trial court's order granting the petition is reversed on appeal	16130
and if the direct appeal of the case has been remanded from an	16131
appellate court pursuant to a request under division (E) of this	16132
section, the appellate court reversing the order granting the	16133
petition shall notify the appellate court in which the direct	16134
appeal of the case was pending at the time of the remand of the	16135
reversal and remand of the trial court's order. Upon the reversal	16136
and remand of the trial court's order granting the petition,	16137
regardless of whether notice is sent or received, the direct	16138
appeal of the case that was remanded is reinstated.	16139

(H) Upon the filing of a petition pursuant to division (A)	16140
of this section by a prisoner in a state correctional institution	16141
who has received the death penalty, the court may stay execution	16142
of the judgment challenged by the petition.	16143

(I)(1) If a person who has received the death penalty	16144
intends to file a petition under this section, the court shall	16145
appoint counsel to represent the person upon a finding that the	16146
person is indigent and that the person either accepts the	16147
appointment of counsel or is unable to make a competent decision	16148
whether to accept or reject the appointment of counsel. The court	16149
may decline to appoint counsel for the person only upon a finding,	16150
after a hearing if necessary, that the person rejects the	16151
appointment of counsel and understands the legal consequences of	16152
that decision or upon a finding that the person is not indigent.	16153

(2) The court shall not appoint as counsel under division	16154
(I)(1) of this section an attorney who represented the petitioner	16155
at trial in the case to which the petition relates unless the	16156
person and the attorney expressly request the appointment. The	16157
court shall appoint as counsel under division (I)(1) of this	16158
section only an attorney who is certified under Rule 65 20 of the	16159
Rules of Superintendence for the Courts of Common Pleas Ohio to	16160
represent indigent defendants charged with or convicted of an	16161
offense for which the death penalty can be or has been imposed.	16162
The ineffectiveness or incompetence of counsel during proceedings	16163
under this section does not constitute grounds for relief in a	16164
proceeding under this section, in an appeal of any action under	16165
this section, or in an application to reopen a direct appeal.	16166

(3) Division (I) of this section does not preclude attorneys	16167
who represent the state of Ohio from invoking the provisions of 28	16168
U.S.C. 154 with respect to capital cases that were pending in	16169
federal habeas corpus proceedings prior to the effective date of	16170
this amendment insofar as the petitioners in those cases were	16171
represented in proceedings under this section by one or more	16172
counsel appointed by the court under this section or section	16173
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	16174
appointed counsel meet the requirements of division (I)(2) of this	16175
section.	16176

(J) Subject to the appeal of a sentence for a felony that is	16177
authorized by section 2953.08 of the Revised Code, the remedy set	16178
forth in this section is the exclusive remedy by which a person	16179
may bring a collateral challenge to the validity of a conviction	16180
or sentence in a criminal case or to the validity of an	16181
adjudication of a child as a delinquent child for the commission	16182
of an act that would be a criminal offense if committed by an	16183
adult or the validity of a related order of disposition.	16184

Sec. 3109.14.  (A) As used in this section, "birth record"	16185
and "certification of birth" have the meanings given in section	16186
3705.01 of the Revised Code.	16187

(B)(1) The director of health, a person authorized by the	16188
director, a local commissioner of health, or a local registrar of	16189
vital statistics shall charge and collect a fee for each certified	16190
copy of a birth record and, for each certification of birth a fee	16191
of two dollars, and for each copy of a death record a fee of two	16192
dollars,. Until October 1, 2001, the fee shall be two dollars. On	16193
and after October 1, 2001, the fee shall be three dollars. The	16194
fee is in addition to the fee imposed by section 3705.24 or any	16195
other section of the Revised Code. A local commissioner of health	16196
or a local registrar of vital statistics may retain an amount of	16197
each additional fee collected, not to exceed three per cent of the	16198
amount of the additional fee, to be used for costs directly	16199
related to the collection of the fee and the forwarding of the fee	16200
to the treasurer of state.	16201

(2) Upon the filing for a divorce decree under section	16202
3105.10 or a decree of dissolution under section 3105.65 of the	16203
Revised Code, a court of common pleas shall charge and collect a	16204
fee of ten dollars. Until October 1, 2001, the fee shall be ten	16205
dollars. On and after October 1, 2001, the fee shall be eleven	16206
dollars. The fee is in addition to any other court costs or fees.	16207
The county clerk of courts may retain an amount of each additional	16208
fee collected, not to exceed three per cent of the amount of the	16209
additional fee, to be used for costs directly related to the	16210
collection of the fee and the forwarding of the fee to the	16211
treasurer of state.	16212

(C) The additional fees collected, but not retained, under	16213
this section during each month shall be forwarded not later than	16214
the tenth day of the immediately following month to the treasurer	16215
of state, who shall deposit the fees in the state treasury to the	16216
credit of the children's trust fund, which is hereby created. A	16217
person or government entity that fails to forward the fees in a	16218
timely manner, as determined by the treasurer of state, shall	16219
forward to the treasurer of state, in addition to the fees, a	16220
penalty equal to ten per cent of the fees.	16221

The treasurer of state shall invest the moneys in the fund,	16222
and all earnings resulting from investment of the fund shall be	16223
credited to the fund, except that actual administrative costs	16224
incurred by the treasurer of state in administering the fund may	16225
be deducted from the earnings resulting from investments. The	16226
amount that may be deducted shall not exceed three per cent of the	16227
total amount of fees credited to the fund in each fiscal year,	16228
except that the children's trust fund board may approve an amount	16229
for actual administrative costs exceeding three per cent but not	16230
exceeding four per cent of such amount. The balance of the	16231
investment earnings shall be credited to the fund. Moneys	16232
credited to the fund shall be used only for the purposes described	16233
in sections 3109.13 to 3109.18 of the Revised Code.	16234

Sec. 3109.17.  (A) For each fiscal biennium, the children's	16235
trust fund board shall establish a biennial state plan for	16236
comprehensive child abuse and child neglect prevention. The plan	16237
shall be transmitted to the governor, the president and minority	16238
leader of the senate, and the speaker and minority leader of the	16239
house of representatives and shall be made available to the	16240
general public.	16241

(B) In developing and carrying out the state plan, the	16242
children's trust fund board shall, in accordance with Chapter 119.	16243
of the Revised Code, do all of the following:	16244

(1) Ensure that an opportunity exists for assistance through	16245
child abuse and child neglect prevention programs to persons	16246
throughout the state of various social and economic backgrounds;	16247

(2) Before the thirtieth day of October of each year, notify	16248
each child abuse and child neglect prevention advisory board of	16249
the amount estimated to be block granted to that advisory board	16250
for the following fiscal year.	16251

(3) Develop criteria for county or district comprehensive	16252
allocation plans, including criteria for determining the plans'	16253
effectiveness;	16254

(4) Review county or district comprehensive allocation	16255
plans;	16256

(5) Make a block grant to each child abuse and child neglect	16257
prevention advisory board for the purpose of funding child abuse	16258
and child neglect prevention programs. The block grants shall be	16259
allocated among advisory boards according to a formula based on	16260
the ratio of the number of children under age eighteen in the	16261
county or multicounty district to the number of children under age	16262
eighteen in the state, as shown in the most recent federal	16263
decennial census of population. Subject to the availability of	16264
funds, each advisory board shall receive a minimum of ten thousand	16265
dollars per fiscal year. In the case of an advisory board that	16266
serves a multicounty district, the advisory board shall receive,	16267
subject to available funds, a minimum of ten thousand dollars per	16268
fiscal year for each county in the district. Block grants shall	16269
be disbursed to the advisory boards twice annually. At least	16270
fifty per cent of the amount of the block grant allocated to an	16271
advisory board for a fiscal year shall be disbursed to the	16272
advisory board not later than the thirtieth day of September. The	16273
remainder of the block grant allocated to the advisory board for	16274
that fiscal year shall be disbursed before the thirty-first day of	16275
March.	16276

If the children's trust fund board determines, based on	16277
county or district performance or on the annual report submitted	16278
by an advisory board, that the advisory board is not operating in	16279
accordance with the criteria established in division (B)(3) of	16280
this section, it may revise the allocation of funds that the	16281
advisory board receives.	16282

(6) Provide for the monitoring of expenditures from the	16283
children's trust fund and of programs that receive money from the	16284
children's trust fund;	16285

(7) Establish reporting requirements for advisory boards;

16286

(8) Collaborate with appropriate persons and government	16287
entities and facilitate the exchange of information among those	16288
persons and entities for the purpose of child abuse and child	16289
neglect prevention;	16290

(9) Provide for the education of the public and	16291
professionals for the purpose of child abuse and child neglect	16292
prevention.	16293

(C) The children's trust fund board shall prepare a report	16294
for each fiscal biennium that evaluates the expenditure of money	16295
from the children's trust fund. On or before January 1, 2002, and	16296
on or before the first day of January of a year that follows the	16297
end of a fiscal biennium of this state, the board shall file a	16298
copy of the report with the governor, the president and minority	16299
leader of the senate, and the speaker and minority leader of the	16300
house of representatives.	16301

(D) In addition to the duties described in this section and	16302
in section 3109.16 of the Revised Code, the children's trust fund	16303
board shall perform the duties described in section 121.371 of the	16304
Revised Code with regard to the wellness block grant program.	16305

Sec. 3119.022.  When a court or child support enforcement	16306
agency calculates the amount of child support to be paid pursuant	16307
to a child support order in a proceeding in which one parent is	16308
the residential parent and legal custodian of all of the children	16309
who are the subject of the child support order or in which the	16310
court issues a shared parenting order, the court or agency shall	16311
use a worksheet identical in content and form to the following:	16312

CHILD SUPPORT COMPUTATION WORKSHEET

16313

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER

16314

Name of parties ................................................

16315

Case No. .......................................................

16316

Number of minor children .......................................

16317

The following parent was designated as residential parent and	16318
legal custodian: ...... mother ...... father ...... shared	16319

Worksheet Has Been Reviewed and Agreed To:

16580

Sec. 3301.075.  The state board of education shall adopt	16585
rules governing the purchasing and leasing of data processing	16586
services and equipment for all local, exempted village, city, and	16587
joint vocational school districts and all educational service	16588
centers. Such rules shall include provisions for the	16589
establishment of an Ohio education computer network under	16590
procedures, guidelines, and specifications of the department of	16591
education.	16592

The department shall administer funds appropriated for the	16593
Ohio education computer network to ensure its efficient and	16594
economical operation and shall approve no more than twenty-seven	16595
data acquisition sites to operate concurrently. Such sites shall	16596
be approved for funding in accordance with rules of the state	16597
board adopted under this section that shall provide for the	16598
superintendent of public instruction to require the membership of	16599
each data acquisition site to be composed of combinations of	16600
school districts and educational service centers from contiguous	16601
counties having sufficient students to support an efficient,	16602
economical comprehensive program of computer services to member	16603
districts and educational service centers. Each data acquisition	16604
site, other than sites organized under Chapter 167. of the Revised	16605
Code prior to the effective date of this section, shall be	16606
organized in accordance with section 3313.92 or Chapter 167. of	16607
the Revised Code.	16608

The department of education may contract with an independent	16609
for profit or nonprofit entity to provide current and historical	16610
information on Ohio government through the Ohio education computer	16611
network to school district libraries operating in accordance with	16612
section 3375.14 of the Revised Code in order to assist school	16613
teachers in social studies course instruction and support student	16614
research projects. Any such contract shall be awarded in	16615
accordance with Chapter 125. of the Revised Code.	16616

Sec. 3301.70.  (A) The state board of education is the	16617
designated state agency responsible for the coordination and	16618
administration of sections 110 to 118 of the "National and	16619
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	16620
12401 to 12431, and amendments thereto as amended. With the	16621
assistance of the state Ohio community service advisory committee	16622
council created in section 121.40 of the Revised Code, the state	16623
board shall coordinate with other state agencies to apply for	16624
funding under the act when appropriate.	16625

(B) With the assistance of the state Ohio community service	16626
advisory committee council, the state board of education shall	16627
develop a plan to assist school districts in the implementation of	16628
section 3313.605 of the Revised Code and other community service	16629
activities of school districts. The state board shall encourage	16630
the development of school district programs meeting the	16631
requirements for funding under the "National and Community Service	16632
Act of 1990." The plan shall include the investigation of funding	16633
from all available sources for school community service education	16634
programs, including funds available under the "National and	16635
Community Service Act of 1990," and the provision of technical	16636
assistance to school districts for the implementation of community	16637
service education programs. The plan shall also provide for	16638
technical assistance to be given to school boards to assist in	16639
obtaining funds for community service education programs from any	16640
source.	16641

(C) With the assistance of the state Ohio community service	16642
advisory committee council, the state board of education shall do	16643
all of the following:	16644

(1) Disseminate information about school district community	16645
service education programs to other school districts and to	16646
statewide organizations involved with or promoting volunteerism;	16647

(2) Recruit additional school districts to develop community	16648
service education programs;	16649

(3) Identify or develop model community service programs,	16650
teacher training courses, and community service curricula and	16651
teaching materials for possible use by school districts in their	16652
programs.	16653

Sec. 3301.80.  (A) There is hereby created the Ohio	16654
SchoolNet commission as an independent agency. The commission	16655
shall administer programs to provide financial and other	16656
assistance to school districts and other educational institutions	16657
for the acquisition and utilization of educational technology.	16658

The commission is a body corporate and politic, an agency of	16659
the state performing essential governmental functions of the	16660
state.	16661

(B)(1) The commission shall consist of eleven members, seven	16662
of whom are voting members. Of the voting members, one shall be	16663
appointed by the speaker of the house of representatives and one	16664
shall be appointed by the president of the senate. The members	16665
appointed by the speaker of the house and the president of the	16666
senate shall not be members of the general assembly. The state	16667
superintendent of public instruction or a designee of the	16668
superintendent, the director of budget and management or a	16669
designee of the director, the director of administrative services	16670
or a designee of the director, the chairperson of the public	16671
utilities commission or a designee of the chairperson, and the	16672
director of the Ohio educational telecommunications network	16673
commission or a designee of the director shall serve on the	16674
commission as ex officio voting members. Of the nonvoting	16675
members, two shall be members of the house of representatives	16676
appointed by the speaker of the house and two shall be members of	16677
the senate appointed by the president of the senate. The members	16678
appointed from each house shall not be members of the same	16679
political party. The commission shall appoint officers from among	16680
its members.	16681

(2) The members shall serve without compensation. The	16682
voting members appointed by the speaker of the house of	16683
representatives and the president of the senate shall be	16684
reimbursed, pursuant to office of budget and management	16685
guidelines, for necessary expenses incurred in the performance of	16686
official duties.	16687

(3) The terms of office for the members appointed by the	16688
speaker of the house and the president of the senate shall be for	16689
two years, with each term ending on the same day of the same month	16690
as did the term that it succeeds. The members appointed by the	16691
speaker of the house and the president of the senate may be	16692
reappointed. Any member appointed from the house of	16693
representatives or senate who ceases to be a member of the	16694
legislative house from which the member was appointed shall cease	16695
to be a member of the commission. Vacancies among appointed	16696
members shall be filled in the manner provided for original	16697
appointments. Any member appointed to fill a vacancy occurring	16698
prior to the expiration date of the term for which a predecessor	16699
was appointed shall hold office as a member for the remainder of	16700
that term. The members appointed by the speaker of the house and	16701
the president of the senate shall continue in office subsequent to	16702
the expiration date of that member's term until a successor takes	16703
office or until a period of sixty days has elapsed, whichever	16704
occurs first.	16705

(C)(1) The commission shall be under the supervision of an	16706
executive director who shall be appointed by the commission. The	16707
executive director shall serve at the pleasure of the commission	16708
and shall direct commission employees in the administration of all	16709
programs for the provision of financial and other assistance to	16710
school districts and other educational institutions for the	16711
acquisition and utilization of educational technology.	16712

(2) The employees of the Ohio SchoolNet commission shall be	16713
placed in the unclassified service. The commission shall fix the	16714
compensation of the executive director. The executive director	16715
shall employ and fix the compensation for such employees as	16716
necessary to facilitate the activities and purposes of the	16717
commission. The employees shall serve at the pleasure of the	16718
executive director.	16719

(3) The employees of the Ohio SchoolNet commission shall be	16720
exempt from Chapter 4117. of the Revised Code and shall not be	16721
public employees as defined in section 4117.01 of the Revised	16722
Code.	16723

(D) The Ohio SchoolNet commission shall do all of the	16724
following:	16725

(1) Make grants to institutions and other organizations as	16726
prescribed by the general assembly for the provision of technical	16727
assistance, professional development, and other support services	16728
to enable school districts, community schools established under	16729
Chapter 3314. of the Revised Code, and other educational	16730
institutions to utilize educational technology;	16731

(2) Contract with the department of education, state	16732
institutions of higher education, private nonprofit institutions	16733
of higher education holding certificates of authorization under	16734
section 1713.02 of the Revised Code, and such other public or	16735
private entities as the executive director deems necessary for the	16736
administration and implementation of the programs under the	16737
commission's jurisdiction;	16738

(3) Establish a reporting system to which school districts,	16739
community schools established under Chapter 3314. of the Revised	16740
Code, and other educational institutions receiving financial	16741
assistance pursuant to this section for the acquisition of	16742
educational technology report information as to the manner in	16743
which such assistance was expended, the manner in which the	16744
equipment or services purchased with the assistance is being	16745
utilized, the results or outcome of this utilization, and other	16746
information as may be required by the commission;	16747

(4) Establish necessary guidelines governing purchasing and	16748
procurement by participants in programs administered by the	16749
commission that facilitate the timely and effective implementation	16750
of such programs;	16751

(5) Take into consideration the efficiency and cost savings	16752
of statewide procurement prior to allocating and releasing funds	16753
for any programs under its administration.	16754

(E)(1) The executive director shall implement policies and	16755
directives issued by the Ohio SchoolNet commission.	16756

(2) The Ohio SchoolNet commission may establish a systems	16757
support network to facilitate the timely implementation of the	16758
programs, projects, or activities for which it provides	16759
assistance.	16760

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	16761
9.332, and 9.333 of the Revised Code do not apply to contracts,	16762
programs, projects, or activities of the Ohio SchoolNet	16763
commission.	16764

Sec. 3301.85.  (A) The OhioReads office is hereby	16765
established within the department of education. The office shall	16766
be under the supervision of an executive director administrator,	16767
who shall be appointed by the superintendent of public	16768
instruction, with the advice and consent of the OhioReads council.	16769
The executive director administrator shall serve at the pleasure	16770
of and report to the superintendent, but shall discharge the	16771
position according to guidelines issued by the council and shall	16772
perform any task designated by the council. The executive	16773
director administrator shall devote full time to the duties of	16774
that position and shall hold no other position within the	16775
department. The superintendent may hire additional staff for the	16776
office and shall fix the compensation of such employees as	16777
necessary to facilitate the activities and purposes of the office.	16778
All such employee positions shall be administrative staff	16779
positions, and all persons employed in those positions shall serve	16780
at the pleasure of the superintendent and shall not be subject to	16781
the provisions of Chapter 4117. of the Revised Code. The	16782
department shall provide the executive director administrator and	16783
any additional staff hired by the superintendent with offices	16784
within the department's office space.	16785

(B) Any employee of the OhioReads office who is a member of	16786
a bargaining unit on the effective date of this amendment shall	16787
retain that status. However, when any position encumbered by such	16788
employee is vacated for any reason, the position shall cease to be	16789
subject to any provision of Chapter 4117. of the Revised Code, and	16790
any person hired to fill such position after the effective date of	16791
this amendment shall be hired in accordance with division (A) of	16792
this section as that division exists after the effective date of	16793
this amendment.	16794

Sec. 3302.041. (A) Each school district that in 1999 was	16795
declared to be in a state of academic emergency, under an academic	16796
watch, or in need of continuous improvement under section 3302.03	16797
of the Revised Code and that is projected to receive any parity	16798
aid payments under section 3317.0217 of the Revised Code for	16799
either of the two fiscal years beginning July 1, 2001, or July 1,	16800
2002, shall amend its continuous improvement plan required under	16801
section 3302.04 of the Revised Code to include a budget for	16802
expending the parity aid for either of those two fiscal years that	16803
the district is projected to receive such aid. For each year	16804
included in the budget, the district shall allocate the full	16805
amount of projected parity aid among one or more of the following:	16806

(1) Upgrading, or purchasing additional classroom equipment,	16807
materials, textbooks, or technology;	16808

(2) Lowering the teacher/student ratios in additional	16809
classrooms;	16810

(3) Providing additional advanced curriculum opportunities;

16811

(4) Providing additional electives or required courses for	16812
graduation;	16813

(5) Increasing the number of days of professional	16814
development;	16815

(6) Providing all-day kindergarten to more students;

16816

(7) Providing preschool to more students;

16817

(8) Providing additional programming and services for	16818
special student populations such as gifted, disadvantaged, or	16819
disabled students;	16820

(9) Providing new programs or increasing the number of	16821
students served by existing programs to prevent academic failure	16822
or to intervene in the case of students in danger of academic	16823
failure, such as tutoring or summer school programs.	16824

(B) For each expenditure of parity aid allocated in the	16825
budget under division (A) of this section, the district's amended	16826
continuous improvement plan shall describe:	16827

(1) How the expenditure will result in new programs or	16828
opportunities, or an expanded availability of programs or	16829
opportunities to more students, and will not simply fund existing	16830
programs with parity aid instead of general revenue fund moneys or	16831
other district income.	16832

(2) How the proposed expenditure is expected to enhance the	16833
district's continuous improvement plan, improve the district's	16834
academic success, and promote the district's achievement of the	16835
standard unit of improvement required by the department of	16836
education under rules adopted pursuant to section 3302.04 of the	16837
Revised Code.	16838

(C) A copy of each amended continuous improvement plan	16839
required to contain a budget under this section shall be submitted	16840
to the department by September 1, 2001. The department, beginning	16841
July 1, 2002, shall assess a random sampling of the districts in	16842
each of fiscal years 2003 and 2004 to determine whether the	16843
district did in fact make the expenditures included in its	16844
proposed parity aid budget during the preceding fiscal year.	16845

(D) If in either year, the department finds that a district	16846
did not spend its preceding year's parity aid funds in the manner	16847
specified in the budget for that year, it shall notify the state	16848
board of education of its findings and shall subtract the amount	16849
of any parity aid funds not spent in the manner specified in the	16850
budget from any parity aid otherwise due to the district under	16851
section 3317.0217 of the Revised Code in the current fiscal	16852
year. If payments are reduced to any district under this division,	16853
the department shall continue to assess the expenditures of such	16854
district in each ensuing year and shall continue to make	16855
deductions in accordance with this section until such year as the	16856
district is found to be in compliance with this section.	16857

(E) Whenever the department reexamines the status of school	16858
districts under division (A) of section 3302.03 of the Revised	16859
Code, it shall require all districts expected to receive parity	16860
aid payments and determined either to need continuous improvement,	16861
be under an academic watch, or be in a state of academic emergency	16862
to submit their three-year continuous improvement plans to the	16863
department and to include as an integral part of such plans,	16864
budgets meeting the requirements of divisions (A) and (B) of this	16865
section. The department shall annually assess a random sampling of	16866
all such districts and withhold parity aid payments from	16867
noncomplying districts in the same manner as required under	16868
divisions (C) and (D) of this section.	16869

(F) At any time, for good cause and with the approval of the	16870
department, a school district may amend a budget adopted under	16871
this section. Any such amendment, however, shall provide that any	16872
parity aid payments the district proposes not to spend on one of	16873
the items listed in division (A) of this section are instead	16874
reallocated to other items listed in such division.	16875

(G) The superintendent of public instruction may authorize a	16876
school district to spend parity aid payments for a purpose not	16877
listed in division (A) of this section upon request of the	16878
district if the superintendent considers it appropriate.	16879

Sec. 3303.01. Except when utilized in Chapter 3311. of the	16880
Revised Code, whenever the term vocational education occurs	16881
anywhere in the Revised Code, it shall be deemed to refer to	16882
career-technical education, except that joint vocational school	16883
districts shall continue to be styled as and shall maintain their	16884
legal existence as either joint vocational school districts or	16885
vocational school districts pursuant to section 3311.01.	16886

Sec. 3305.061. Notwithstanding section 171.07 and division	16887
(D) of section 3305.06 of the Revised Code, the percentage of an	16888
electing employee's compensation contributed by a public	16889
institution of higher education under division (D) of section	16890
3305.06 of the Revised Code shall not exceed the percentage of	16891
compensation transferred under section 145.87, 3307.84, or 3309.88	16892
of the Revised Code, as appropriate, by the state retirement	16893
system that otherwise applies to the electing employee's position.	16894
A change in the percentage of compensation contributed under	16895
division (D) of section 3305.06 of the Revised Code, as required	16896
by this section, shall take effect on the same day a change in the	16897
percentage of compensation takes effect under section 145.87,	16898
3307.84, or 3309.88 of the Revised Code, as appropriate.	16899

Sec. 3307.05.  The state teachers retirement board shall	16900
consist of the following nine members:	16901

(A) The superintendent of public instruction;

16902

(B) The auditor of state;

16903

(C) The attorney general;

16904

(D) Five members, known as teacher members, who shall be	16905
members of the state teachers retirement system;	16906

(E) A former member of the system, known as the retired	16907
teacher member, who shall be a superannuate and who is not	16908
otherwise employed in a position requiring the retired teacher	16909
member to make contributions to the system.	16910

Sec. 3311.057.  (A) Any educational service center that is	16911
formed by merging two or more educational service centers or	16912
former county school districts after July 1, 1995, but prior to	16913
July 1, 1999 2003, may determine the number of members of its	16914
governing board of education and whether the members are to be	16915
elected at large or by subdistrict, provided each board shall have	16916
an odd number of members.	16917

(B) If an educational service center described in division	16918
(A) of this section is formed on or after the effective date of	16919
this section, the governing board of education of each service	16920
center that is merging to form the new service center shall	16921
include identical provisions for electing the new service center's	16922
governing board in its resolution adopted pursuant to division (A)	16923
of section 3311.053 of the Revised Code. If there is any	16924
transition period between the effective date of the merger of the	16925
service centers and the assumption of control of the new service	16926
center by the new board, the resolutions shall include provisions	16927
for an interim governing board which shall be appointed to govern	16928
the service center until the time the new board is elected and	16929
assumes control of the service center.	16930

(C) If an educational service center described in division	16931
(A) of this section was formed prior to the effective date of this	16932
section, the governing board of the service center may adopt at	16933
any time prior to July 1, 1999 2003, a resolution setting forth	16934
provisions for changing the number of members and the manner of	16935
electing its board and provisions for any transitional period	16936
between the abolition of the existing board and the assumption of	16937
control by the new board.	16938

(D) Any provisions for electing a governing board adopted	16939
pursuant to division (B) or (C) of this section may provide for	16940
the election of members at large, may provide for the	16941
establishment of subdistricts within the district, or may require	16942
some members to be elected at large and some to be elected from	16943
subdistricts. If subdistricts are included, the resolutions shall	16944
specify the manner in which their boundaries are to be drawn. The	16945
provisions shall attempt to ensure that each elected member of the	16946
board represents an equal number of residents of the service	16947
center. To accomplish this, any subdistrict containing a multiple	16948
of the number of electors in another subdistrict, may elect	16949
at-large within that subdistrict, a number of board members equal	16950
to the multiple that its population is of the population of the	16951
other subdistrict.	16952

(E) The provisions for selecting board members set forth in	16953
the latest resolution adopted pursuant to division (B) or (C) of	16954
this section prior to July 1, 1999 2003, shall remain the method	16955
of electing school board members within that educational service	16956
center.	16957

Sec. 3311.058. Notwithstanding anything to the contrary in	16958
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,	16959
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter	16960
3311. of the Revised Code, no educational service center shall be	16961
required to merge in order to achieve any prescribed minimum	16962
average daily membership if such a merger will cause the territory	16963
of the resultant joint educational service center to comprise more	16964
than eight hundred square miles.	16965

Sec. 3311.062. Notwithstanding anything prohibiting the	16966
existence of school districts with noncontiguous territory in	16967
section 3311.06 or 3311.37 of the Revised Code or in any other	16968
section of this chapter, a new school district may be formed under	16969
this chapter after the effective date of this section from the	16970
territory of noncontiguous school districts, provided that the	16971
board of education of any school district containing territory	16972
lying between the noncontiguous portions of such a new school	16973
district adopts a resolution approving the establishment of the	16974
new district.	16975

Sec. 3313.37.  (A)(1) The board of education of any city,	16976
local, or exempted village school district may build, enlarge,	16977
repair, and furnish the necessary schoolhouses, purchase or lease	16978
sites therefor, or rights-of-way thereto, or purchase or lease	16979
real estate to be used as playgrounds for children or rent	16980
suitable schoolrooms, either within or without the district, and	16981
provide the necessary apparatus and make all other necessary	16982
provisions for the schools under its control. The governing board	16983
of any educational service center may build, enlarge, repair, and	16984
furnish the necessary facilities for conducting special education	16985
programs and driver education courses, purchase or lease sites	16986
therefor, or rights-of-way thereto, or purchase or lease real	16987
estate or rent suitable facilities to be used for such purposes	16988
and provide the necessary apparatus and make all other necessary	16989
provisions for such facilities as are under its control.	16990

(2) A governing board of an educational service center may	16991
acquire, lease, or enter into a contract to purchase, lease, or	16992
sell real and personal property and may construct, enlarge,	16993
repair, renovate, furnish, or equip facilities, buildings, or	16994
structures for the educational service center's purposes. The	16995
board may enter into loan agreements, including mortgages, for the	16996
acquisition of such property. If a governing board exercises any	16997
of these powers to acquire office or classroom space, the board of	16998
county commissioners has no obligation to provide and equip	16999
offices and to provide heat, light, water, and janitorial services	17000
for the use of the service center pursuant to section 3319.19 of	17001
the Revised Code, unless there is a contract as provided by	17002
division (D) of that section.	17003

(3) A board of county commissioners may issue securities of	17004
the county pursuant to Chapter 133. of the Revised Code for the	17005
acquisition of real and personal property or for the construction,	17006
enlargement, repair, or renovation of facilities, buildings, or	17007
structures by an educational service center, but only if the	17008
county has a contract under division (D) of section 3319.19 of the	17009
Revised Code with the educational service center whereby the	17010
educational service center agrees to pay the county an amount	17011
equal to the debt charges on the issued securities on or before	17012
the date those charges fall due. For the purposes of this	17013
section, "debt charges" and "securities" have the same meanings as	17014
in section 133.01 of the Revised Code.	17015

(B)(1) Boards of education of city, local, and exempted	17016
village school districts may acquire land by gift or devise, by	17017
purchase, or by appropriation. Lands purchased may be purchased	17018
for cash, by installment payments, with or without a mortgage, by	17019
entering into lease-purchase agreements, or by lease with an	17020
option to purchase, provided that if the purchase price is to be	17021
paid over a period of time, such payments shall not extend for a	17022
period of more than five years. A special tax levy may be	17023
authorized by the voters of the school district in accordance with	17024
section 5705.21 of the Revised Code to provide a special fund to	17025
meet the future time payments.	17026

(2) For the purposes of section 5705.21 of the Revised Code,	17027
acquisition of land under the provisions of this division shall be	17028
considered a necessary requirement of the school district.	17029

(3) Boards of education of city, local, and exempted village	17030
school districts may acquire federal land at a discount by a	17031
lease-purchase agreement for use as a site for the construction of	17032
educational facilities or for other related purposes. External	17033
administrative and other costs pertaining to the acquisition of	17034
federal land at a discount may be paid from funds available to the	17035
school district for operating purposes. Such boards of education	17036
may also acquire federal land by lease-purchase agreements, by	17037
negotiation, or otherwise.	17038

(4) As used in this division:

17039

(a) "Office equipment" includes but is not limited to	17040
typewriters, copying and duplicating equipment, and computer and	17041
data processing equipment.	17042

(b) "Software for instructional purposes" includes computer	17043
programs usable for computer assisted instruction, computer	17044
managed instruction, drill and practice, and problem simulations.	17045

A board of education or governing board of an educational	17046
service center may acquire the necessary office equipment, and	17047
computer hardware and software for instructional purposes, for the	17048
schools under its control by purchase, by lease, by installment	17049
payments, by entering into lease-purchase agreements, or by lease	17050
with an option to purchase. In the case of a city, exempted	17051
village, or local school district, if the purchase price is to be	17052
paid over a period of time, the contract setting forth the terms	17053
of such purchase shall be considered a continuing contract	17054
pursuant to section 5705.41 of the Revised Code. Payments shall	17055
not extend for a period of more than five years. Costs relating	17056
to the acquisition of necessary apparatus may be paid from funds	17057
available to the school district or educational service center for	17058
operating purposes.	17059

(5) A board of education or governing board of an	17060
educational service center may acquire the necessary equipment for	17061
the maintenance or physical upkeep of facilities and land under	17062
its control by entering into lease-purchase agreements. If	17063
payments under the lease-purchase agreement are to be made over a	17064
period of time, the agreement shall be considered a continuing	17065
contract pursuant to section 5705.41 of the Revised Code, and such	17066
payments shall not extend for a period of more than five years.	17067

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	17068
and (F), and (G) of this section, when a board of education	17069
decides to dispose of real or personal property that it owns in	17070
its corporate capacity, and that exceeds in value ten thousand	17071
dollars, it shall sell the property at public auction, after	17072
giving at least thirty days' notice of the auction by publication	17073
in a newspaper of general circulation or by posting notices in	17074
five of the most public places in the school district in which the	17075
property, if it is real property, is situated, or, if it is	17076
personal property, in the school district of the board of	17077
education that owns the property. The board may offer real	17078
property for sale as an entire tract or in parcels.	17079

(B) When the board of education has offered real or personal	17080
property for sale at public auction at least once pursuant to	17081
division (A) of this section, and the property has not been sold,	17082
the board may sell it at a private sale. Regardless of how it was	17083
offered at public auction, at a private sale, the board shall, as	17084
it considers best, sell real property as an entire tract or in	17085
parcels, and personal property in a single lot or in several lots.	17086

(C) If a board of education decides to dispose of real or	17087
personal property that it owns in its corporate capacity and that	17088
exceeds in value ten thousand dollars, it may sell the property to	17089
the adjutant general; to any subdivision or taxing authority as	17090
respectively defined in divisions (A) and (C) of section 5705.01	17091
of the Revised Code, township park district, board of park	17092
commissioners established under Chapter 755. of the Revised Code,	17093
or park district established under Chapter 1545. of the Revised	17094
Code; to a wholly or partially tax-supported university,	17095
university branch, or college; or to the board of trustees of a	17096
school district library, upon such terms as are agreed upon. The	17097
sale of real or personal property to the board of trustees of a	17098
school district library is limited, in the case of real property,	17099
to a school district library within whose boundaries the real	17100
property is situated, or, in the case of personal property, to a	17101
school district library whose boundaries lie in whole or in part	17102
within the school district of the selling board of education.	17103

(D) When a board of education decides to trade as a part or	17104
an entire consideration, an item of personal property on the	17105
purchase price of an item of similar personal property, it may	17106
trade the same upon such terms as are agreed upon by the parties	17107
to the trade.	17108

(E) The president and the treasurer of the board of	17109
education shall execute and deliver deeds or other necessary	17110
instruments of conveyance to complete any sale or trade under this	17111
section.	17112

(F) When a board of education has identified a parcel of	17113
real property that it determines is needed for school purposes,	17114
the board may, upon a majority vote of the members of the board,	17115
acquire that property by exchanging real property that the board	17116
owns in its corporate capacity for the identified real property or	17117
by using real property that the board owns in its corporate	17118
capacity as part or an entire consideration for the purchase price	17119
of the identified real property. Any exchange or acquisition made	17120
pursuant to this division shall be made by a conveyance executed	17121
by the president and the treasurer of the board.	17122

(G) When a school district board of education decides to	17123
dispose of real property suitable for use as classroom space,	17124
prior to disposing of such property under division (A) through (F)	17125
of this section, it shall first offer that property for sale to	17126
the governing authorities of the start-up community schools,	17127
established under Chapter 3314. of the Revised Code and located	17128
within the territory of the school district, and to the governing	17129
board of any educational service center providing services to the	17130
district, at a price that is not higher than the appraised fair	17131
market value of that property. If more than one community school	17132
governing authority accepts the offer made by the school district	17133
board or if at least one community school governing authority and	17134
the educational service center governing board accept that offer,	17135
the board shall sell the property to the governing authority or	17136
governing board that accepted the offer first in time. If no	17137
community school governing authority or governing board accepts	17138
the offer within sixty days after the offer is made by the school	17139
district board, the board may dispose of the property in the	17140
applicable manner prescribed under divisions (A) to (F) of this	17141
section.	17142

Sec. 3313.603.  (A) As used in this section:

17143

(1) "One unit" means a minimum of one hundred twenty hours	17144
of course instruction, except that for a laboratory course, "one	17145
unit" means a minimum of one hundred fifty hours of course	17146
instruction.	17147

(2) "One-half unit" means a minimum of sixty hours of course	17148
instruction, except that for physical education courses, "one-half	17149
unit" means a minimum of one hundred twenty hours of course	17150
instruction.	17151

(B) Beginning September 15, 2001, the requirements for	17152
graduation from every high school shall include twenty-one twenty	17153
units earned in grades nine through twelve and shall be	17154
distributed as follows:	17155

(1) English language arts, four units;

17156

(2) Health, one-half unit;

17157

(3) Mathematics, three units;

17158

(4) Physical education, one-half unit;

17159

(5) Science, two units until September 15, 2003, and three	17160
units thereafter, which at all times shall include both of the	17161
following:	17162

(a) Biological sciences, one unit;

17163

(b) Physical sciences, one unit.

17164

(6) Social studies, three units, which shall include both of	17165
the following:	17166

(a) American history, one-half unit;

17167

(b) American government, one-half unit.

17168

(7) Elective units, eight seven units until September 15,	17169
2003, and seven six units thereafter.	17170

Each student's electives shall include at least one unit, or	17171
two half units, chosen from among the areas of	17172
business/technology, fine arts, and/or foreign language.	17173

(C) Every high school may permit students below the ninth	17174
grade to take advanced work for credit. A high school shall count	17175
such advanced work toward the graduation requirements of division	17176
(B) of this section if the advanced work was both:	17177

(1) Taught by a person who possesses a license or	17178
certificate issued under section 3301.071, 3319.22, or 3319.222 of	17179
the Revised Code that is valid for teaching high school;	17180

(2) Designated by the board of education of the city, local,	17181
or exempted village school district, the board of the cooperative	17182
education school district, or the governing authority of the	17183
chartered nonpublic school as meeting the high school curriculum	17184
requirements.	17185

(D) Units earned in English language arts, mathematics,	17186
science, and social studies that are delivered through integrated	17187
academic and technical instruction are eligible to meet the	17188
graduation requirements of division (B) of this section.	17189

Sec. 3313.64.  (A) As used in this section and in section	17190
3313.65 of the Revised Code:	17191

(1) "Parent" means either parent, unless the parents are	17192
separated or divorced or their marriage has been dissolved or	17193
annulled, in which case "parent" means the parent who is the	17194
residential parent and legal custodian of the child. When a child	17195
is in the legal custody of a government agency or a person other	17196
than the child's natural or adoptive parent, "parent" means the	17197
parent with residual parental rights, privileges, and	17198
responsibilities. When a child is in the permanent custody of a	17199
government agency or a person other than the child's natural or	17200
adoptive parent, "parent" means the parent who was divested of	17201
parental rights and responsibilities for the care of the child and	17202
the right to have the child live with the parent and be the legal	17203
custodian of the child and all residual parental rights,	17204
privileges, and responsibilities.	17205

(2) "Legal custody," "permanent custody," and "residual	17206
parental rights, privileges, and responsibilities" have the same	17207
meanings as in section 2151.011 of the Revised Code.	17208

(3) "School district" or "district" means a city, local, or	17209
exempted village school district and excludes any school operated	17210
in an institution maintained by the department of youth services.	17211

(4) Except as used in division (C)(2) of this section,	17212
"home" means a home, institution, foster home, group home, or	17213
other residential facility in this state that receives and cares	17214
for children, to which any of the following applies:	17215

(a) The home is licensed, certified, or approved for such	17216
purpose by the state or is maintained by the department of youth	17217
services.	17218

(b) The home is operated by a person who is licensed,	17219
certified, or approved by the state to operate the home for such	17220
purpose.	17221

(c) The home accepted the child through a placement by a	17222
person licensed, certified, or approved to place a child in such a	17223
home by the state.	17224

(d) The home is a children's home created under section	17225
5153.21 or 5153.36 of the Revised Code.	17226

(5) "Agency" means all of the following:

17227

(a) A public children services agency;

17228

(b) An organization that holds a certificate issued by the	17229
Ohio department of job and family services in accordance with the	17230
requirements of section 5103.03 of the Revised Code and assumes	17231
temporary or permanent custody of children through commitment,	17232
agreement, or surrender, and places children in family homes for	17233
the purpose of adoption;	17234

(c) Comparable agencies of other states or countries that	17235
have complied with applicable requirements of section 2151.39, or	17236
sections 5103.20 to 5103.28 of the Revised Code.	17237

(6) A child is placed for adoption if either of the	17238
following occurs:	17239

(a) An agency to which the child has been permanently	17240
committed or surrendered enters into an agreement with a person	17241
pursuant to section 5103.16 of the Revised Code for the care and	17242
adoption of the child.	17243

(b) The child's natural parent places the child pursuant to	17244
section 5103.16 of the Revised Code with a person who will care	17245
for and adopt the child.	17246

(7) "Handicapped preschool child" means a handicapped child,	17247
as defined by division (A) of section 3323.01 of the Revised Code,	17248
who is at least three years of age but is not of compulsory school	17249
age, as defined in section 3321.01 of the Revised Code, and who is	17250
not currently enrolled in kindergarten.	17251

(8) "Child," unless otherwise indicated, includes handicapped	17252
preschool children.	17253

(B) Except as otherwise provided in section 3321.01 of the	17254
Revised Code for admittance to kindergarten and first grade, a	17255
child who is at least five but under twenty-two years of age and	17256
any handicapped preschool child shall be admitted to school as	17257
provided in this division.	17258

(1) A child shall be admitted to the schools of the school	17259
district in which the child's parent resides.	17260

(2) A child who does not reside in the district where the	17261
child's parent resides shall be admitted to the schools of the	17262
district in which the child resides if any of the following	17263
applies:	17264

(a) The child is in the legal or permanent custody of a	17265
government agency or a person other than the child's natural or	17266
adoptive parent.	17267

(b) The child resides in a home.

17268

(c) The child requires special education.

17269

(3) A child who is not entitled under division (B)(2) of	17270
this section to be admitted to the schools of the district where	17271
the child resides and who is residing with a resident of this	17272
state with whom the child has been placed for adoption shall be	17273
admitted to the schools of the district where the child resides	17274
unless either of the following applies:	17275

(a) The placement for adoption has been terminated.

17276

(b) Another school district is required to admit the child	17277
under division (B)(1) of this section.	17278

Division (B) of this section does not prohibit the board of	17279
education of a school district from placing a handicapped child	17280
who resides in the district in a special education program outside	17281
of the district or its schools in compliance with Chapter 3323. of	17282
the Revised Code.	17283

(C) A district shall not charge tuition for children	17284
admitted under division (B)(1) or (3) of this section. If the	17285
district admits a child under division (B)(2) of this section,	17286
tuition shall be paid to the district that admits the child as	17287
follows:	17288

(1) If the child receives special education in accordance	17289
with Chapter 3323. of the Revised Code, tuition shall be paid in	17290
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	17291
the Revised Code regardless of who has custody of the child or	17292
whether the child resides in a home.	17293

(2) Except as otherwise provided in division (C)(2)(d) of	17294
this section, if the child is in the permanent or legal custody of	17295
a government agency or person other than the child's parent,	17296
tuition shall be paid by:	17297

(a) The district in which the child's parent resided at the	17298
time the court removed the child from home or at the time the	17299
court vested legal or permanent custody of the child in the person	17300
or government agency, whichever occurred first;	17301

(b) If the parent's residence at the time the court removed	17302
the child from home or placed the child in the legal or permanent	17303
custody of the person or government agency is unknown, tuition	17304
shall be paid by the district in which the child resided at the	17305
time the child was removed from home or placed in legal or	17306
permanent custody, whichever occurred first;	17307

(c) If a school district cannot be established under	17308
division (C)(2)(a) or (b) of this section, tuition shall be paid	17309
by the district determined as required by section 2151.357 of the	17310
Revised Code by the court at the time it vests custody of the	17311
child in the person or government agency;	17312

(d) If at the time the court removed the child from home or	17313
vested legal or permanent custody of the child in the person or	17314
government agency, whichever occurred first, one parent was in a	17315
residential or correctional facility or a juvenile residential	17316
placement and the other parent, if living and not in such a	17317
facility or placement, was not known to reside in this state,	17318
tuition shall be paid by the district determined under division	17319
(D) of section 3313.65 of the Revised Code as the district	17320
required to pay any tuition while the parent was in such facility	17321
or placement.	17322

(3) If the child is not in the permanent or legal custody of	17323
a government agency or person other than the child's parent and	17324
the child resides in a home, tuition shall be paid by one of the	17325
following:	17326

(a) The school district in which the child's parent resides;

17327

(b) If the child's parent is not a resident of this state,	17328
the home in which the child resides.	17329

(D) Tuition required to be paid under divisions (C)(2) and	17330
(3)(a) of this section shall be computed in accordance with	17331
section 3317.08 of the Revised Code. Tuition required to be paid	17332
under division (C)(3)(b) of this section shall be computed in	17333
accordance with section 3317.081 of the Revised Code. If a home	17334
fails to pay the tuition required by division (C)(3)(b) of this	17335
section, the board of education providing the education may	17336
recover in a civil action the tuition and the expenses incurred in	17337
prosecuting the action, including court costs and reasonable	17338
attorney's fees. If the prosecuting attorney or city director of	17339
law represents the board in such action, costs and reasonable	17340
attorney's fees awarded by the court, based upon the prosecuting	17341
attorney's, director's, or one of their designee's time spent	17342
preparing and presenting the case, shall be deposited in the	17343
county or city general fund.	17344

(E) A board of education may enroll a child free of any	17345
tuition obligation for a period not to exceed sixty days, on the	17346
sworn statement of an adult resident of the district that the	17347
resident has initiated legal proceedings for custody of the child.	17348

(F) In the case of any individual entitled to attend school	17349
under this division, no tuition shall be charged by the school	17350
district of attendance and no other school district shall be	17351
required to pay tuition for the individual's attendance.	17352
Notwithstanding division (B), (C), or (E) of this section:	17353

(1) All persons at least eighteen but under twenty-two years	17354
of age who live apart from their parents, support themselves by	17355
their own labor, and have not successfully completed the high	17356
school curriculum or the individualized education program	17357
developed for the person by the high school pursuant to section	17358
3323.08 of the Revised Code, are entitled to attend school in the	17359
district in which they reside.	17360

(2) Any child under eighteen years of age who is married is	17361
entitled to attend school in the child's district of residence.	17362

(3) A child is entitled to attend school in the district in	17363
which either of the child's parents is employed if the child has a	17364
medical condition that may require emergency medical attention.	17365
The parent of a child entitled to attend school under division	17366
(F)(3) of this section shall submit to the board of education of	17367
the district in which the parent is employed a statement from the	17368
child's physician certifying that the child's medical condition	17369
may require emergency medical attention. The statement shall be	17370
supported by such other evidence as the board may require.	17371

(4) Any child residing with a person other than the child's	17372
parent is entitled, for a period not to exceed twelve months, to	17373
attend school in the district in which that person resides if the	17374
child's parent files an affidavit with the superintendent of the	17375
district in which the person with whom the child is living resides	17376
stating all of the following:	17377

(a) That the parent is serving outside of the state in the	17378
armed services of the United States;	17379

(b) That the parent intends to reside in the district upon	17380
returning to this state;	17381

(c) The name and address of the person with whom the child	17382
is living while the parent is outside the state.	17383

(5) Any child under the age of twenty-two years who, after	17384
the death of a parent, resides in a school district other than the	17385
district in which the child attended school at the time of the	17386
parent's death is entitled to continue to attend school in the	17387
district in which the child attended school at the time of the	17388
parent's death for the remainder of the school year, subject to	17389
approval of that district board.	17390

(6) A child under the age of twenty-two years who resides	17391
with a parent who is having a new house built in a school district	17392
outside the district where the parent is residing is entitled to	17393
attend school for a period of time in the district where the new	17394
house is being built. In order to be entitled to such attendance,	17395
the parent shall provide the district superintendent with the	17396
following:	17397

(a) A sworn statement explaining the situation, revealing	17398
the location of the house being built, and stating the parent's	17399
intention to reside there upon its completion;	17400

(b) A statement from the builder confirming that a new house	17401
is being built for the parent and that the house is at the	17402
location indicated in the parent's statement.	17403

(7) A child under the age of twenty-two years residing with	17404
a parent who has a contract to purchase a house in a school	17405
district outside the district where the parent is residing and who	17406
is waiting upon the date of closing of the mortgage loan for the	17407
purchase of such house is entitled to attend school for a period	17408
of time in the district where the house is being purchased. In	17409
order to be entitled to such attendance, the parent shall provide	17410
the district superintendent with the following:	17411

(a) A sworn statement explaining the situation, revealing	17412
the location of the house being purchased, and stating the	17413
parent's intent to reside there;	17414

(b) A statement from a real estate broker or bank officer	17415
confirming that the parent has a contract to purchase the house,	17416
that the parent is waiting upon the date of closing of the	17417
mortgage loan, and that the house is at the location indicated in	17418
the parent's statement.	17419

The district superintendent shall establish a period of time	17420
not to exceed ninety days during which the child entitled to	17421
attend school under division (F)(6) or (7) of this section may	17422
attend without tuition obligation. A student attending a school	17423
under division (F)(6) or (7) of this section shall be eligible to	17424
participate in interscholastic athletics under the auspices of	17425
that school, provided the board of education of the school	17426
district where the student's parent resides, by a formal action,	17427
releases the student to participate in interscholastic athletics	17428
at the school where the student is attending, and provided the	17429
student receives any authorization required by a public agency or	17430
private organization of which the school district is a member	17431
exercising authority over interscholastic sports.	17432

(8) A child whose parent is a full-time employee of a city,	17433
local, or exempted village school district, or of an educational	17434
service center, may be admitted to the schools of the district	17435
where the child's parent is employed, or in the case of a child	17436
whose parent is employed by an educational service center, in the	17437
district that serves the location where the parent's job is	17438
primarily located, provided the district board of education	17439
establishes such an admission policy by resolution adopted by a	17440
majority of its members. Any such policy shall take effect on the	17441
first day of the school year and the effective date of any	17442
amendment or repeal may not be prior to the first day of the	17443
subsequent school year. The policy shall be uniformly applied to	17444
all such children and shall provide for the admission of any such	17445
child upon request of the parent. No child may be admitted under	17446
this policy after the first day of classes of any school year.	17447

(9) A child who is with the child's parent under the care of	17448
a shelter for victims of domestic violence, as defined in section	17449
3113.33 of the Revised Code, is entitled to attend school free in	17450
the district in which the child is with the child's parent, and no	17451
other school district shall be required to pay tuition for the	17452
child's attendance in that school district.	17453

The enrollment of a child in a school district under this	17454
division shall not be denied due to a delay in the school	17455
district's receipt of any records required under section 3313.672	17456
of the Revised Code or any other records required for enrollment.	17457
Any days of attendance and any credits earned by a child while	17458
enrolled in a school district under this division shall be	17459
transferred to and accepted by any school district in which the	17460
child subsequently enrolls. The state board of education shall	17461
adopt rules to ensure compliance with this division.	17462

(10) Any child under the age of twenty-two years whose	17463
parent has moved out of the school district after the commencement	17464
of classes in the child's senior year of high school is entitled,	17465
subject to the approval of that district board, to attend school	17466
in the district in which the child attended school at the time of	17467
the parental move for the remainder of the school year and for one	17468
additional semester or equivalent term. A district board may also	17469
adopt a policy specifying extenuating circumstances under which a	17470
student may continue to attend school under division (F)(10) of	17471
this section for an additional period of time in order to	17472
successfully complete the high school curriculum for the	17473
individualized education program developed for the student by the	17474
high school pursuant to section 3323.08 of the Revised Code.	17475

(11) As used in this division, "grandparent" means a parent	17476
of a parent of a child. A child under the age of twenty-two years	17477
who is in the custody of the child's parent, resides with a	17478
grandparent, and does not require special education is entitled to	17479
attend the schools of the district in which the child's	17480
grandparent resides, provided that, prior to such attendance in	17481
any school year, the board of education of the school district in	17482
which the child's grandparent resides and the board of education	17483
of the school district in which the child's parent resides enter	17484
into a written agreement specifying that good cause exists for	17485
such attendance, describing the nature of this good cause, and	17486
consenting to such attendance.	17487

In lieu of a consent form signed by a parent, a board of	17488
education may request the grandparent of a child attending school	17489
in the district in which the grandparent resides pursuant to	17490
division (F)(11) of this section to complete any consent form	17491
required by the district, including any authorization required by	17492
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	17493
Upon request, the grandparent shall complete any consent form	17494
required by the district. A school district shall not incur any	17495
liability solely because of its receipt of a consent form from a	17496
grandparent in lieu of a parent.	17497

Division (F)(11) of this section does not create, and shall	17498
not be construed as creating, a new cause of action or substantive	17499
legal right against a school district, a member of a board of	17500
education, or an employee of a school district. This section does	17501
not affect, and shall not be construed as affecting, any	17502
immunities from defenses to tort liability created or recognized	17503
by Chapter 2744. of the Revised Code for a school district,	17504
member, or employee.	17505

(12) A child under the age of twenty-two years is entitled	17506
to attend school in a school district other than the district in	17507
which the child is entitled to attend school under division (B),	17508
(C), or (E) of this section provided that, prior to such	17509
attendance in any school year, both of the following occur:	17510

(a) The superintendent of the district in which the child is	17511
entitled to attend school under division (B), (C), or (E) of this	17512
section contacts the superintendent of another district for	17513
purposes of this division;	17514

(b) The superintendents of both districts enter into a	17515
written agreement that consents to the attendance and specifies	17516
that the purpose of such attendance is to protect the student's	17517
physical or mental well-being or to deal with other extenuating	17518
circumstances deemed appropriate by the superintendents.	17519

While an agreement is in effect under this division for a	17520
student who is not receiving special education under Chapter 3323.	17521
of the Revised Code and notwithstanding Chapter 3327. of the	17522
Revised Code, the board of education of neither school district	17523
involved in the agreement is required to provide transportation	17524
for the student to and from the school where the student attends.	17525

A student attending a school of a district pursuant to this	17526
division shall be allowed to participate in all student	17527
activities, including interscholastic athletics, at the school	17528
where the student is attending on the same basis as any student	17529
who has always attended the schools of that district while of	17530
compulsory school age.	17531

(13) All school districts shall comply with the	17532
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	17533
seq., for the education of homeless children. Each city, local,	17534
and exempted village school district shall comply with the	17535
requirements of that act governing the provision of a free,	17536
appropriate public education, including public preschool, to each	17537
homeless child.	17538

When a child loses permanent housing and becomes a homeless	17539
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	17540
such a homeless person changes temporary living arrangements, the	17541
child's parent or guardian shall have the option of enrolling the	17542
child in either of the following:	17543

(a) The child's school of origin, as defined in 42 U.S.C.A.	17544
11432(g)(3)(C);	17545

(b) The school that is operated by the school district in	17546
which the shelter where the child currently resides is located and	17547
that serves the geographic area in which the shelter is located.	17548

(G) A board of education, after approving admission, may	17549
waive tuition for students who will temporarily reside in the	17550
district and who are either of the following:	17551

(1) Residents or domiciliaries of a foreign nation who	17552
request admission as foreign exchange students;	17553

(2) Residents or domiciliaries of the United States but not	17554
of Ohio who request admission as participants in an exchange	17555
program operated by a student exchange organization.	17556

(H) Pursuant to sections 3311.211, 3313.90, 3319.01,	17557
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may	17558
attend school or participate in a special education program in a	17559
school district other than in the district where the child is	17560
entitled to attend school under division (B) of this section.	17561

(I) This division does not apply to a child receiving	17562
special education.	17563

A school district required to pay tuition pursuant to	17564
division (C)(2) or (3) of this section or section 3313.65 of the	17565
Revised Code shall have an amount deducted under division (F) of	17566
section 3317.023 of the Revised Code equal to its own tuition rate	17567
for the same period of attendance. A school district entitled to	17568
receive tuition pursuant to division (C)(2) or (3) of this section	17569
or section 3313.65 of the Revised Code shall have an amount	17570
credited under division (F) of section 3317.023 of the Revised	17571
Code equal to its own tuition rate for the same period of	17572
attendance. If the tuition rate credited to the district of	17573
attendance exceeds the rate deducted from the district required to	17574
pay tuition, the department of education shall pay the district of	17575
attendance the difference from amounts deducted from all	17576
districts' payments under division (F) of section 3317.023 of the	17577
Revised Code but not credited to other school districts under such	17578
division and from appropriations made for such purpose. The	17579
treasurer of each school district shall, by the fifteenth day of	17580
January and July, furnish the superintendent of public instruction	17581
a report of the names of each child who attended the district's	17582
schools under divisions (C)(2) and (3) of this section or section	17583
3313.65 of the Revised Code during the preceding six calendar	17584
months, the duration of the attendance of those children, the	17585
school district responsible for tuition on behalf of the child,	17586
and any other information that the superintendent requires.	17587

Upon receipt of the report the superintendent, pursuant to	17588
division (F) of section 3317.023 of the Revised Code, shall deduct	17589
each district's tuition obligations under divisions (C)(2) and (3)	17590
of this section or section 3313.65 of the Revised Code and pay to	17591
the district of attendance that amount plus any amount required to	17592
be paid by the state.	17593

(J) In the event of a disagreement, the superintendent of	17594
public instruction shall determine the school district in which	17595
the parent resides.	17596

(K) Nothing in this section requires or authorizes, or shall	17597
be construed to require or authorize, the admission to a public	17598
school in this state of a pupil who has been permanently excluded	17599
from public school attendance by the superintendent of public	17600
instruction pursuant to sections 3301.121 and 3313.662 of the	17601
Revised Code.	17602

Sec. 3314.07.  (A) The expiration of the contract for a	17603
community school between a sponsor and a school shall be the date	17604
provided in the contract. A successor contract may be entered	17605
into unless the contract is terminated or not renewed pursuant to	17606
this section.	17607

(B)(1) A sponsor may choose not to renew a contract at its	17608
expiration or may choose to terminate a contract prior to its	17609
expiration for any of the following reasons:	17610

(a) Failure to meet student performance requirements stated	17611
in the contract;	17612

(b) Failure to meet generally accepted standards of fiscal	17613
management;	17614

(c) Violation of any provision of the contract or applicable	17615
state or federal law;	17616

(d) Other good cause.

17617

A termination shall be effective only at the conclusion of a	17618
school year.	17619

(2) A sponsor may choose to terminate a contract prior to its	17620
expiration if the sponsor has suspended the operation of the	17621
contract under section 3314.072 of the Revised Code.	17622

(3) At least one hundred eighty ninety days prior to the	17623
termination or nonrenewal of a contract, the sponsor shall notify	17624
the school of the proposed action in writing. The notice shall	17625
include the reasons for the proposed action in detail, the	17626
effective date of the termination or nonrenewal, and a statement	17627
that the school may, within fourteen days of receiving the notice,	17628
request an informal hearing before the sponsor. Such request must	17629
be in writing. The informal hearing shall be held within seventy	17630
days of the receipt of a request for the hearing. Promptly	17631
following the informal hearing, the sponsor shall issue a written	17632
decision either affirming or rescinding the decision to terminate	17633
or not renew the contract.	17634

(3)(4) A decision by the sponsor to terminate a contract may	17635
be appealed to the state board of education. The decision by the	17636
state board pertaining to an appeal under this division is final.	17637
If the sponsor is the state board, its decision to terminate a	17638
contract under division (B)(4) of this section shall be final.	17639

(5) The termination of a contract under this section shall	17640
be effective upon the occurrence of the later of the following	17641
events:	17642

(a) Ninety days following the date the sponsor notifies the	17643
school of its decision to terminate the contract as prescribed in	17644
division (B)(3) of this section;	17645

(b) If an informal hearing is requested under division	17646
(B)(3) of this section and as a result of that hearing the sponsor	17647
affirms its decision to terminate the contract, the effective date	17648
of the termination specified in the notice issued under division	17649
(B)(3) of this section, or if that decision is appealed to the	17650
state board under division (B)(4) of this section and the state	17651
board affirms that decision, the date established in the	17652
resolution of the state board affirming the sponsor's decision.	17653

(C) A child attending a community school whose contract has	17654
been terminated or, nonrenewed, or suspended or that closes for	17655
any reason shall be admitted to the schools of the district in	17656
which the child is entitled to attend under section 3313.64 or	17657
3313.65 of the Revised Code. Any deadlines established for the	17658
purpose of admitting students under section 3313.97 or 3313.98	17659
shall be waived for students to whom this division pertains.	17660

(D) A sponsor of a community school and the officers,	17661
directors, or employees of such a sponsor are not liable in	17662
damages in a tort or other civil action for harm allegedly arising	17663
from either of the following:	17664

(1) A failure of the community school or any of its	17665
officers, directors, or employees to perform any statutory or	17666
common law duty or responsibility or any other legal obligation;	17667

(2) An action or omission of the community school or any of	17668
its officers, directors, or employees that results in harm.	17669

(E) As used in this section:

17670

(1) "Harm" means injury, death, or loss to person or	17671
property.	17672

(2) "Tort action" means a civil action for damages for	17673
injury, death, or loss to person or property other than a civil	17674
action for damages for a breach of contract or another agreement	17675
between persons.	17676

Sec. 3314.072. The provisions of this section are enacted to	17677
promote the public health, safety, and welfare by establishing	17678
procedures under which the governing authorities of community	17679
schools established under this chapter will be held accountable	17680
for their compliance with the terms of the contracts they enter	17681
into with their school's sponsors and the law relating to the	17682
school's operation. Suspension of the operation of a school	17683
imposed under this section is intended to encourage the governing	17684
authority's compliance with the terms of the school's contract and	17685
the law and is not intended to be an alteration of the terms of	17686
that contract.	17687

(A) If a sponsor of a community school established under	17688
this chapter suspends the operation of that school pursuant to	17689
procedures set forth in this section, the governing authority	17690
shall not operate that school while the suspension is in effect.	17691
Any such suspension shall remain in effect until the sponsor	17692
notifies the governing authority that it is no longer in effect.	17693
The contract of a school of which operation is suspended under	17694
this section also may be subject to termination or nonrenewal	17695
under section 3314.07 of the Revised Code.	17696

(B) If at any time the sponsor of a community school	17697
established under this chapter determines that conditions at the	17698
school do not comply with a health and safety standard established	17699
by law for school buildings, the sponsor shall immediately suspend	17700
the operation of the school pursuant to procedures set forth in	17701
division (D) of this section.	17702

(C)(1) For any of the reasons prescribed in division	17703
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	17704
sponsor of a community school established under this chapter may	17705
suspend the operation of the school only if it first issues to the	17706
governing authority notice of the sponsor's intent to suspend the	17707
operation of the contract. Such notice shall explain the reasons	17708
for the sponsor's intent to suspend operation of the contract and	17709
shall provide the school's governing authority with five business	17710
days to submit to the sponsor a proposal to remedy the conditions	17711
cited as reasons for the suspension.	17712

(2) The sponsor shall promptly review any proposed remedy	17713
timely submitted by the governing authority and either approve or	17714
disapprove the remedy. If the sponsor disapproves the remedy	17715
proposed by the governing authority, if the governing authority	17716
fails to submit a proposed remedy in the manner prescribed by the	17717
sponsor, or if the governing authority fails to implement the	17718
remedy as approved by the sponsor, the sponsor may suspend	17719
operation of the school pursuant to procedures set forth in	17720
division (D) of this section.	17721

(D)(1) If division (B) of this section applies or if the	17722
sponsor of a community school established under this chapter	17723
decides to suspend the operation of a school as permitted in	17724
division (C)(2) of this section, the sponsor shall promptly send	17725
written notice to the governing authority stating that the	17726
operation of the school is immediately suspended, and explaining	17727
the specific reasons for the suspension. The notice shall state	17728
that the governing authority has five business days to submit a	17729
proposed remedy to the conditions cited as reasons for the	17730
suspension or face potential contract termination.	17731

(2) Upon receipt of the notice of suspension prescribed	17732
under division (D)(1) of this section, the governing authority	17733
shall immediately notify the employees of the school and the	17734
parents of the students enrolled in the school of the suspension	17735
and the reasons therefore, and shall cease all school operations	17736
on the next business day.	17737

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

17738

(1) "Base formula amount" means the amount specified as such	17739
in a community school's financial plan for a school year pursuant	17740
to division (A)(15) of section 3314.03 of the Revised Code.	17741

(2) "Cost-of-doing-business factor" has the same meaning as	17742
in section 3317.02 of the Revised Code.	17743

(3) "IEP" means an individualized education program as	17744
defined in section 3323.01 of the Revised Code.	17745

(4) "Applicable special education weight" means:

17746

(a) For a student receiving special education and related	17747
services pursuant to an IEP for a handicap described in division	17748
(A) of section 3317.013 of the Revised Code, the multiple	17749
specified in that division;	17750

(b) For a student receiving special education and related	17751
services pursuant to an IEP for a handicap described in division	17752
(B) of section 3317.013 or division (F)(3) of section 3317.02 of	17753
the Revised Code, the multiple specified in division (B) of	17754
section 3317.013 of the Revised Code.	17755

(5) "Total special education weight" means the sum of the	17756
following:	17757

(a) The number of students reported under division (B)(2)(c)	17758
of this section who are entitled to attend school in the district,	17759
are enrolled in grades one through twelve in a community school,	17760
and are receiving from their community school special education	17761
and related services pursuant to an IEP for a handicap described	17762
in division (A) of section 3317.013 of the Revised Code,	17763
multiplied by the multiple specified in division (A) of section	17764
3317.013 of the Revised Code;	17765

(b) One-half the number of students reported under division	17766
(B)(2)(c) of this section who are entitled to attend school in the	17767
district, are enrolled in kindergarten in a community school, and	17768
are receiving from their community school special education and	17769
related services pursuant to an IEP for a handicap described in	17770
division (A) of section 3317.013 of the Revised Code, multiplied	17771
by the multiple specified in division (A) of section 3317.013 of	17772
the Revised Code;	17773

(c) The number of students reported under division (B)(2)(c)	17774
of this section who are entitled to attend school in the district,	17775
are enrolled in grades one through twelve in a community school,	17776
and are receiving from their community school special education	17777
and related services pursuant to an IEP for a handicap described	17778
in division (B) of section 3317.013 or division (F)(3) of section	17779
3317.02 of the Revised Code, multiplied by the multiple specified	17780
in division (B) of section 3317.013 of the Revised Code;	17781

(d) One-half the number of students reported under division	17782
(B)(2)(c) of this section who are entitled to attend school in the	17783
district, are enrolled in kindergarten in a community school, and	17784
are receiving from their community school special education and	17785
related services pursuant to an IEP for a handicap described in	17786
division (B) of section 3317.013 or division (F)(3) of section	17787
3317.02 of the Revised Code, multiplied by the multiple specified	17788
in division (B) of section 3317.013 of the Revised Code	17789
"Applicable vocational education weight" means:	17790

(a) For a student enrolled in vocational education programs	17791
or classes described in division (A) of section 3317.014 of the	17792
Revised Code, the multiple specified in that division;	17793

(b) For a student enrolled in vocational education programs	17794
or classes described in division (B) of section 3317.014 of the	17795
Revised Code, the multiple specified in that division.	17796

(6) "Entitled to attend school" means entitled to attend	17797
school in a district under section 3313.64 or 3313.65 of the	17798
Revised Code.	17799

(7) A community school student is "included in the DPIA	17800
student count" of a school district if the student is entitled to	17801
attend school in the district and:	17802

(a) For school years prior to fiscal year 2004, the	17803
student's family receives assistance under the Ohio works first	17804
program.	17805

(b) For school years in and after fiscal year 2004, the	17806
student's family income does not exceed the federal poverty	17807
guidelines, as defined in section 5101.46 of the Revised Code, and	17808
the student's family receives family assistance, as defined in	17809
section 3317.029 of the Revised Code.	17810

(8) "DPIA reduction factor" means the percentage figure, if	17811
any, for reducing the per pupil amount of disadvantaged pupil	17812
impact aid a community school is entitled to receive pursuant to	17813
divisions (D)(4)(5) and (5)(6) of this section in any year, as	17814
specified in the school's financial plan for the year pursuant to	17815
division (A)(15) of section 3314.03 of the Revised Code.	17816

(8)(9) "All-day kindergarten" has the same meaning as in	17817
section 3317.029 of the Revised Code.	17818

(B) The state board of education shall adopt rules requiring	17819
both of the following:	17820

(1) The board of education of each city, exempted village,	17821
and local school district to annually report the number of	17822
students entitled to attend school in the district who are	17823
enrolled in grades one through twelve in a community school	17824
established under this chapter, the number of students entitled to	17825
attend school in the district who are enrolled in kindergarten in	17826
a community school, the number of those kindergartners who are	17827
enrolled in all-day kindergarten in their community school, and	17828
for each child, the community school in which the child is	17829
enrolled.	17830

(2) The governing authority of each community school	17831
established under this chapter to annually report all of the	17832
following:	17833

(a) The number of students enrolled in grades one through	17834
twelve and the number of students enrolled in kindergarten in the	17835
school who are not receiving special education and related	17836
services pursuant to an IEP;	17837

(b) The number of enrolled students in grades one through	17838
twelve and the number of enrolled students in kindergarten, who	17839
are receiving special education and related services pursuant to	17840
an IEP;	17841

(c) The number of students reported under division (B)(2)(b)	17842
of this section receiving special education and related services	17843
pursuant to an IEP for a handicap described in each of divisions	17844
(A) and (B) of section 3317.013 and division (F)(3) of section	17845
3317.02 of the Revised Code;	17846

(d) The full-time equivalent number of students reported	17847
under divisions (B)(2)(a) and (b) of this section who are enrolled	17848
in vocational education programs or classes described in each of	17849
divisions (A) and (B) of section 3317.014 of the Revised Code that	17850
are provided by the community school;	17851

(e) The number of enrolled preschool handicapped students	17852
receiving special education services in a state-funded unit;	17853

(e)(f) The community school's base formula amount;

17854

(f)(g) For each student, the city, exempted village, or	17855
local school district in which the student is entitled to attend	17856
school;	17857

(g)(h) Any DPIA reduction factor that applies to a school	17858
year.	17859

(C) From the payments made to a city, exempted village, or	17860
local school district under Chapter 3317. of the Revised Code and,	17861
if necessary, sections 321.14 and 323.156 of the Revised Code, the	17862
department of education shall annually subtract all of the	17863
following:	17864

(1) An amount equal to the sum of the amounts obtained when,	17865
for each community school where the district's students are	17866
enrolled, the number of the district's students reported under	17867
divisions (B)(2)(a) and (b) of this section who are enrolled in	17868
grades one through twelve, and one-half the number of students	17869
reported under those divisions who are enrolled in kindergarten,	17870
in that community school is multiplied by the base formula amount	17871
of that community school as adjusted by the school district's	17872
cost-of-doing-business factor.	17873

(2) The product of the number of district students reported	17874
under division (B)(2)(c) of this section as enrolled in grades one	17875
through twelve, and one-half of the number of district students	17876
reported under that division as enrolled in kindergarten, who are	17877
receiving special education and related services pursuant to an	17878
IEP in their respective community schools for a handicap described	17879
in division (A) or (B) of section 3317.013 or division (F)(3) of	17880
section 3317.02 of the Revised Code, multiplied by the total	17881
special education weight times the community school's base formula	17882
amount; sum of the amounts calculated under divisions (C)(2)(a)	17883
and (b) of this section:	17884

(a) For each of the district's students reported under	17885
division (B)(2)(c) of this section as enrolled in a community	17886
school in grades one through twelve and receiving special	17887
education and related services pursuant to an IEP for a handicap	17888
described in section 3317.013 or division (F)(3) of section	17889
3317.02 of the Revised Code, the product of the applicable weight	17890
times the community school's base formula amount;	17891

(b) For each of the district's students reported under	17892
division (B)(2)(c) of this section as enrolled in kindergarten in	17893
a community school and receiving special education and related	17894
services pursuant to an IEP for a handicap described in section	17895
3317.013 or division (F)(3) of section 3317.02 of the Revised	17896
Code, one-half of the amount calculated as prescribed in division	17897
(C)(2)(a) of this section.	17898

(3) For each of the district's students reported under	17899
division (B)(2)(d) of this section for whom payment is made under	17900
division (D)(4) of this section, the amount of that payment;	17901

(4) An amount equal to the sum of the amounts obtained when,	17902
for each community school where the district's students are	17903
enrolled, the number of the district's students enrolled in that	17904
community school and residing in the district in a family	17905
participating in Ohio works first under Chapter 5107. of the	17906
Revised Code who are included in the district's DPIA student count	17907
is multiplied by the per pupil amount of disadvantaged pupil	17908
impact aid the school district receives that year pursuant to	17909
division (B) or (C) of section 3317.029 of the Revised Code, as	17910
adjusted by any DPIA reduction factor of that community school. If	17911
the district receives disadvantaged pupil impact aid under	17912
division (B) of that section, the per pupil amount of that aid is	17913
the quotient of the amount the district received under that	17914
division divided by the number of children ages five through	17915
seventeen residing in the district and living in a family	17916
participating in Ohio works first, as most recently reported under	17917
section 3317.10 of the Revised Code district's DPIA student count,	17918
as defined in that section. If the district receives	17919
disadvantaged pupil impact aid under division (C) of section	17920
3317.029 of the Revised Code, the per pupil amount of that aid is	17921
the per pupil dollar amount prescribed for the district in	17922
division (C)(1) or (2) of that section.	17923

(4)(5) An amount equal to the sum of the amounts obtained	17924
when, for each community school where the district's students are	17925
enrolled, the district's per pupil amount of aid received under	17926
division (E) of section 3317.029 of the Revised Code, as adjusted	17927
by any DPIA reduction factor of the community school, is	17928
multiplied by the sum of the following:	17929

(a) The number of the district's students reported under	17930
division (B)(2)(a) of this section who are enrolled in grades one	17931
to three in that community school and who are not receiving	17932
special education and related services pursuant to an IEP;	17933

(b) One-half of the district's students who are enrolled in	17934
all-day or any other kindergarten class in that community school	17935
and who are not receiving special education and related services	17936
pursuant to an IEP;	17937

(c) One-half of the district's students who are enrolled in	17938
all-day kindergarten in that community school and who are not	17939
receiving special education and related services pursuant to an	17940
IEP.	17941

The district's per pupil amount of aid under division (E) of	17942
section 3317.029 of the Revised Code is the quotient of the amount	17943
the district received under that division divided by the	17944
district's kindergarten through third grade ADM, as defined in	17945
that section.	17946

(D) The department shall annually pay to a community school	17947
established under this chapter all of the following:	17948

(1) An amount equal to the sum of the amounts obtained when	17949
the number of students enrolled in grades one through twelve, plus	17950
one-half of the kindergarten students in the school, reported	17951
under divisions (B)(2)(a) and (b) of this section who are not	17952
receiving special education and related services pursuant to an	17953
IEP for a handicap described in division (A) or (B) of section	17954
3317.013 or division (F)(3) of section 3317.02 of the Revised Code	17955
is multiplied by the community school's base formula amount, as	17956
adjusted by the cost-of-doing-business factor of the school	17957
district in which the student is entitled to attend school;	17958

(2) The greater of the following:

17959

(a) The aggregate amount that the department paid to the	17960
community school in fiscal year 1999 for students receiving	17961
special education and related services pursuant to IEPs, excluding	17962
federal funds and state disadvantaged pupil impact aid funds;	17963

(b) The sum of the amounts calculated under divisions	17964
(D)(2)(b)(i) and (ii) of this section:	17965

(i) For each student reported under division (B)(2)(c) of	17966
this section as enrolled in the school in grades one through	17967
twelve and receiving special education and related services	17968
pursuant to an IEP for a handicap described in division (A) or (B)	17969
of section 3317.013 or division (F)(3) of section 3317.02 of the	17970
Revised Code, the following amount:	17971

(the community school's base formula amount X the

17972

cost-of-doing-business factor of the district where the student

17973

is entitled to attend school) + (the applicable special education	17974
weight	17975

X the community school's base formula amount);

17976

(ii) For each student reported under division (B)(2)(c) of	17977
this section as enrolled in kindergarten and receiving special	17978
education and related services pursuant to an IEP for a handicap	17979
described in division (A) or (B) of section 3317.013 or division	17980
(F)(3) of section 3317.02 of the Revised Code, one-half of the	17981
amount calculated under the formula prescribed in division	17982
(D)(2)(b)(i) of this section.	17983

(3) An amount received from federal funds to provide special	17984
education and related services to students in the community	17985
school, as determined by the superintendent of public instruction.	17986

(4) For each student reported under division (B)(2)(d) of	17987
this section as enrolled in vocational education programs or	17988
classes that are described in section 3317.014 of the Revised	17989
Code, are provided by the community school, and are comparable as	17990
determined by the superintendent of public instruction to school	17991
district vocational education programs and classes eligible for	17992
state weighted funding under section 3317.014 of the Revised Code,	17993
an amount equal to the applicable vocational education weight	17994
times the community school's base formula amount times the	17995
percentage of time the student spends in the vocational education	17996
programs or classes.	17997

(5) An amount equal to the sum of the amounts obtained when,	17998
for each school district where the community school's students are	17999
entitled to attend school, the number of that district's students	18000
enrolled in the community school and participating in Ohio works	18001
first who are included in the district's DPIA student count is	18002
multiplied by the per pupil amount of disadvantaged pupil impact	18003
aid that school district receives that year pursuant to division	18004
(B) or (C) of section 3317.029 of the Revised Code, as adjusted by	18005
any DPIA reduction factor of the community school. The per pupil	18006
amount of aid shall be determined as described in division	18007
(C)(3)(4) of this section.	18008

(5)(6) An amount equal to the sum of the amounts obtained	18009
when, for each school district where the community school's	18010
students are entitled to attend school, the district's per pupil	18011
amount of aid received under division (E) of section 3317.029 of	18012
the Revised Code, as adjusted by any DPIA reduction factor of the	18013
community school, is multiplied by the sum of the following:	18014

(a) The number of the district's students reported under	18015
division (B)(2)(a) of this section who are enrolled in grades one	18016
to three in that community school and who are not receiving	18017
special education and related services pursuant to an IEP;	18018

(b) One-half of the district's students who are enrolled in	18019
all-day or any other kindergarten class in that community school	18020
and who are not receiving special education and related services	18021
pursuant to an IEP;	18022

(c) One-half of the district's students who are enrolled in	18023
all-day kindergarten in that community school and who are not	18024
receiving special education and related services pursuant to an	18025
IEP.	18026

The district's per pupil amount of aid under division (E) of	18027
section 3317.029 of the Revised Code shall be determined as	18028
described in division (C)(4)(5) of this section.	18029

(E)(1) If a community school's costs for a fiscal year for a	18030
student receiving special education and related services pursuant	18031
to an IEP for a handicap described in division (F)(3) of section	18032
3317.02 3317.013 of the Revised Code are twenty-five thousand	18033
dollars or more, the school may submit to the superintendent of	18034
public instruction documentation, as prescribed by the	18035
superintendent, of all its costs for that student. Upon	18036
submission of documentation for a student of the type and in the	18037
manner prescribed, the department shall pay to the community	18038
school an amount equal to the school's costs for the student in	18039
excess of twenty-five thousand dollars.	18040

(2) In fiscal year 2002, if a community school's costs for a	18041
student receiving special education and related services pursuant	18042
to an IEP for a handicap described in division (F)(3) of section	18043
3317.02 of the Revised Code are twenty-five thousand dollars or	18044
more, the school may submit to the superintendent of public	18045
instruction documentation, as prescribed by the superintendent, of	18046
all its costs for that student. Upon submission of documentation	18047
for a student of the type and in the manner prescribed, the	18048
department shall pay to the community school an amount equal to	18049
the school's costs for the student in excess of twenty-five	18050
thousand dollars.	18051

(3) In any fiscal year after fiscal year 2002, if a community	18052
school's costs for a student receiving special education and	18053
related services pursuant to an IEP for a handicap described in	18054
division (F)(3) of section 3317.02 of the Revised Code are twenty	18055
thousand dollars or more, the school may submit to the	18056
superintendent of public instruction documentation, as prescribed	18057
by the superintendent, of all its costs for that student. Upon	18058
submission of documentation for a student of the type and in the	18059
manner prescribed, the department shall pay to the community	18060
school an amount equal to the school's costs for the student in	18061
excess of twenty thousand dollars.	18062

(4) The community school shall only report under divisions	18063
(E)(1) to (3) of this section, and the department shall only pay	18064
for, the costs of educational expenses and the related services	18065
provided to the student in accordance with the student's	18066
individualized education program. Any legal fees, court costs, or	18067
other costs associated with any cause of action relating to the	18068
student may not be included in the amount.	18069

(F) A community school may apply to the department of	18070
education for preschool handicapped or gifted unit funding the	18071
school would receive if it were a school district. Upon request	18072
of its governing authority, a community school that received unit	18073
funding as a school district-operated school before it became a	18074
community school shall retain any units awarded to it as a school	18075
district-operated school provided the school continues to meet	18076
eligibility standards for the unit.	18077

A community school shall be considered a school district and	18078
its governing authority shall be considered a board of education	18079
for the purpose of applying to any state or federal agency for	18080
grants that a school district may receive under federal or state	18081
law or any appropriations act of the general assembly. The	18082
governing authority of a community school may apply to any private	18083
entity for additional funds.	18084

(G) A board of education sponsoring a community school may	18085
utilize local funds to make enhancement grants to the school or	18086
may agree, either as part of the contract or separately, to	18087
provide any specific services to the community school at no cost	18088
to the school.	18089

(H) A community school may not levy taxes or issue bonds	18090
secured by tax revenues.	18091

(I) No community school shall charge tuition for the	18092
enrollment of any student.	18093

(J) A community school may borrow money to pay any necessary	18094
and actual expenses of the school in anticipation of the receipt	18095
of any portion of the payments to be received by the school	18096
pursuant to division (D) of this section. The school may issue	18097
notes to evidence such borrowing to mature no later than the end	18098
of the fiscal year in which such money was borrowed. The proceeds	18099
of the notes shall be used only for the purposes for which the	18100
anticipated receipts may be lawfully expended by the school.	18101

(K) For purposes of determining the number of students for	18102
which divisions (D)(4)(5) and (5)(6) of this section applies in	18103
any school year, a community school may submit to the department	18104
of job and family services, no later than the first day of March,	18105
a list of the students enrolled in the school. For each student	18106
on the list, the community school shall indicate the student's	18107
name, address, and date of birth and the school district where the	18108
student is entitled to attend school. Upon receipt of a list	18109
under this division, the department of job and family services	18110
shall determine, for each school district where one or more	18111
students on the list is entitled to attend school, the number of	18112
students residing in that school district who were included in the	18113
department's report under section 3317.10 of the Revised Code. The	18114
department shall make this determination on the basis of	18115
information readily available to it. Upon making this	18116
determination and no later than ninety days after submission of	18117
the list by the community school, the department shall report to	18118
the state department of education the number of students on the	18119
list who reside in each school district who were included in the	18120
department's report under section 3317.10 of the Revised Code. In	18121
complying with this division, the department of job and family	18122
services shall not report to the state department of education any	18123
personally identifiable information on any student.	18124

(L) The department of education shall adjust the amounts	18125
subtracted and paid under divisions (C) and (D) of this section to	18126
reflect any enrollment of students in community schools for less	18127
than the equivalent of a full school year. For purposes of this	18128
section, a student shall be considered enrolled in the community	18129
school for any portion of the school year the student is	18130
participating at a college under Chapter 3365. of the Revised	18131
Code.	18132

(M) The department of education shall reduce the amounts	18133
paid under division (D) of this section to reflect payments made	18134
to colleges under division (B) of section 3365.07 of the Revised	18135
Code.	18136

(N) Beginning with the school year that starts on July 1,	18137
2001, the department shall reduce the amounts otherwise payable	18138
under division (D) of this section to any internet or	18139
computer-based community school that includes in its program the	18140
provision of computer hardware and software materials to each	18141
student, if such hardware and software materials have not been	18142
delivered, installed, and activated for all students by the end of	18143
the first full week of school. The amount of the reduction shall	18144
be a pro-rated amount of the total due to the school for the	18145
student under division (D) of this section, based on the amount of	18146
lost instructional time resulting from the lack of computer access	18147
for each student not provided the hardware and software by the end	18148
of the first full week of school. The department of education	18149
shall determine such reductions and shall continue to make	18150
reductions as long as the hardware and software is not delivered,	18151
installed, and activated for all students.	18152

The superintendent of public instruction and the auditor of	18153
state shall jointly establish a method for auditing each community	18154
school to which this division pertains to ensure compliance with	18155
this section. The superintendent and auditor of state shall	18156
jointly consult with the governor, the sponsors of established	18157
internet-based community schools, and any others they may wish to	18158
include and shall make recommendations to the general assembly for	18159
legislative changes that may be required to assure fiscal and	18160
academic accountability for such internet or computer-based	18161
schools.	18162

Sec. 3314.09.  (A) As used in this section and section	18163
3314.091 of the Revised Code, "native student" means a student	18164
entitled to attend school in the school district under section	18165
3313.64 or 3313.65 of the Revised Code.	18166

The (B) Except as provided in section 3314.091 of the	18167
Revised Code, the board of education of each city, local, and	18168
exempted village school district shall provide transportation to	18169
and from school for its district's native students enrolled in a	18170
community school located in that district or another district on	18171
the same basis that it provides transportation for its native	18172
students enrolled in schools to which they are assigned by the	18173
board of education at the same grade level and who live the same	18174
distance from school except when, in the judgment of the board,	18175
confirmed by the state board of education, the transportation is	18176
unnecessary or unreasonable. A board shall not be required to	18177
transport nonhandicapped students to and from a community school	18178
located in another school district if the transportation would	18179
require more than thirty minutes of direct travel time as measured	18180
by school bus from the collection point designated by the	18181
district's coordinator of school transportation.	18182

(C) Where it is impractical to transport a pupil to and from	18183
a community school by school conveyance, a board may, in lieu of	18184
providing the transportation, pay a parent, guardian, or other	18185
person in charge of the child. The amount paid per pupil shall in	18186
no event exceed the average transportation cost per pupil, which	18187
shall be based on the cost of transportation of children by all	18188
boards of education in this state during the next preceding year.	18189

(D) The daily and annual instructional schedules of a	18190
community school are the sole responsibility of the community	18191
school's governing authority, and are subject only to the	18192
requirements of this chapter and the governing authority's	18193
contract with its sponsor. Each school district board of	18194
education that is required to provide transportation for community	18195
school students under this section shall provide the	18196
transportation in accordance with those schedules so that students	18197
may be present on time and at all times that the community school	18198
is open for instruction.	18199

Sec. 3314.091.  (A) A school district is not required to	18200
provide transportation for any native student enrolled in a	18201
community school if the district board of education has entered	18202
into an agreement with the community school's governing authority	18203
that designates the community school as responsible for providing	18204
or arranging for the transportation of the district's native	18205
students to and from the community school. For any such agreement	18206
to be effective, it must be certified by the superintendent of	18207
public instruction as having met both of the following	18208
requirements:	18209

(1) It is submitted to the department of education by a	18210
deadline which shall be established by the department.	18211

(2) It specifies qualifications, such as residing a minimum	18212
distance from the school, for students to have their	18213
transportation provided or arranged.	18214

(B)(1) A community school governing board that enters into	18215
an agreement to provide transportation under this section shall	18216
provide or arrange transportation free of any charge for each of	18217
its enrolled students in grades kindergarten through eight who	18218
live more than two miles from the school, except that the	18219
governing board may make a payment in lieu of providing	18220
transportation to the parent, guardian, or person in charge of the	18221
student at the same rate as specified for a school district board	18222
in division (C) of section 3314.09 of the Revised Code if the	18223
drive time measured by the vehicle specified by the school for	18224
transporting the students from the student's residence to the	18225
school is more than thirty minutes. The governing board may	18226
provide or arrange transportation for any other enrolled student	18227
and may charge a fee for such service. The governing board may	18228
request the payment specified under division (C) of this section	18229
for any student it transports, for whom it arranges	18230
transportation, or for whom it makes a payment in lieu of	18231
providing transportation if the student lives more than one mile	18232
from the community school.	18233

(2) Notwithstanding anything to the contrary in division	18234
(B)(1) of this section, a community school governing board shall	18235
provide or arrange transportation free of any charge for any	18236
disabled student enrolled in the school for whom the student's	18237
individualized education program developed under Chapter 3323. of	18238
the Revised Code specifies transportation.	18239

(C)(1) If a school district board and a community school	18240
governing authority elect to enter into an agreement under this	18241
section, the department of education annually shall pay the	18242
community school the amount specified in division (C)(2) of this	18243
section for each of the enrolled students for whom the school's	18244
governing authority provides or arranges transportation to and	18245
from school. The department shall deduct the payment from the	18246
state payment under Chapter 3317. and, if necessary, sections	18247
321.14 and 323.156 of the Revised Code that is otherwise paid to	18248
the school district in which the student enrolled in the community	18249
school resides. The department shall include the number of the	18250
district's native students for whom payment is made to a community	18251
school under this division in the calculation of the district's	18252
transportation payment under division (D) of section 3317.022 of	18253
the Revised Code.	18254

A community school shall be paid under this division only for	18255
students who live more than one mile from the school and whose	18256
transportation to and from school is actually provided or arranged	18257
or for whom a payment in lieu of transportation is made by the	18258
community school's governing authority. To qualify for the	18259
payments, the community school shall report to the department, in	18260
the form and manner required by the department, data on the	18261
number of students transported or whose transportation is	18262
arranged, the number of miles traveled, cost to transport, and any	18263
other information requested by the department.	18264

A community school shall use payments received under this	18265
division solely to pay the costs of providing or arranging for the	18266
transportation of students who live more than one mile from the	18267
school, which may include payments to a parent, guardian, or other	18268
person in charge of a child in lieu of transportation.	18269

(2) The payment to a community school governing authority	18270
under this section for each student who lives more than one mile	18271
from the school or who is disabled and whose individualized	18272
education program requires transportation and for whom the school	18273
actually provides or arranges transportation or makes a payment in	18274
lieu of providing transportation, shall be made according to the	18275
following schedule:	18276

(a) In fiscal year 2002, four-hundred fifty dollars per	18277
student;	18278

(b) In fiscal year 2003 and every fiscal year thereafter,	18279
the amount specified in division (C)(2)(a) of this section	18280
multiplied by the negative or positive percentage of change	18281
reported in the consumer price index (all urban consumers,	18282
transportation) by the bureau of labor statistics of the United	18283
States department of labor from the beginning of the calendar year	18284
that ended just prior to the beginning of the fiscal year to the	18285
end of that calendar year.	18286

(D) Except when arranged through payment to a parent,	18287
guardian, or person in charge of a child, transportation provided	18288
or arranged for by a community school pursuant to an agreement	18289
under this section is subject to all provisions of the Revised	18290
Code, and all rules adopted under the Revised Code, pertaining to	18291
the construction, design, equipment, and operation of school buses	18292
and other vehicles transporting students to and from school. The	18293
drivers and mechanics of the vehicles are subject to all	18294
provisions of the Revised Code, and all rules adopted under the	18295
Revised Code, pertaining to drivers and mechanics of such	18296
vehicles. The community school also shall comply with sections	18297
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	18298
of the Revised Code as if it were a school district. For purposes	18299
of complying with section 3327.10 of the Revised Code, the	18300
educational service center that serves the county in which the	18301
community school is located shall be the certifying agency, unless	18302
the agreement designates the school district as the certifying	18303
agency.	18304

Sec. 3316.20.  (A)(1) The school district solvency	18305
assistance fund is hereby created in the state treasury, to	18306
consist of such amounts designated for the purposes of the fund by	18307
the general assembly. The fund shall be used to provide	18308
assistance and grants to school districts to enable them to remain	18309
solvent and to pay unforseeable expenses of a temporary or	18310
emergency nature that they are unable to pay from existing	18311
resources.	18312

(2) There is hereby created within the fund an account known	18313
as the school district shared resource account, which shall	18314
consist of money appropriated to it by the general assembly. The	18315
money in the account shall be used solely for solvency assistance	18316
to school districts that have been declared under division (B)(1)	18317
or (5) of section 3316.03 of the Revised Code to be in a state of	18318
fiscal emergency because of a certified operating deficit	18319
exceeding ten per cent.	18320

(3) There is hereby created within the fund an account known	18321
as the catastrophic expenditures account, which shall consist of	18322
money appropriated to the account by the general assembly plus all	18323
investment earnings of the fund. Money in the account shall be	18324
used solely for the following:	18325

(a) Solvency assistance to school districts that have been	18326
declared under division (B)(1) or (5) of section 3316.03 of the	18327
Revised Code to be in a state of fiscal emergency because of a	18328
certified operating deficit exceeding ten per cent, in the event	18329
that all money in the shared resource account is utilized for	18330
solvency assistance;	18331

(b) Grants to school districts under division (C) of this	18332
section.	18333

(B) Solvency assistance payments under division (A)(2) or	18334
(3)(a) of this section shall be made from the fund by the	18335
superintendent of public instruction in accordance with rules	18336
adopted by the director of budget and management, after	18337
consulting with the superintendent, specifying approval criteria	18338
and procedures necessary for administering the fund.	18339

The fund shall be reimbursed for any solvency assistance	18340
amounts paid under division (A)(2) or (3)(a) of this section not	18341
later than the end of the second fiscal year following the fiscal	18342
year in which the solvency assistance payment was made. If not	18343
made directly by the school district, such reimbursement shall be	18344
made by the director of budget and management from the amounts the	18345
school district would otherwise receive pursuant to sections	18346
3317.022 to 3317.025 of the Revised Code, or from any other funds	18347
appropriated for the district by the general assembly.	18348
Reimbursements shall be credited to the respective account from	18349
which the solvency assistance paid to the district was deducted.	18350

(C) The superintendent of public instruction may make	18351
recommendations, and the controlling board may grant money from	18352
the catastrophic expenditures account to any school district that	18353
suffers an unforeseen catastrophic event that severely depletes	18354
the district's financial resources. The superintendent shall make	18355
recommendations for the grants in accordance with rules adopted by	18356
the director of budget and management after consulting with the	18357
superintendent. A school district shall not be required to repay	18358
any grant awarded to the district under this division unless the	18359
district receives money from a third party, including an agency of	18360
the government of the United States, specifically for the purpose	18361
of compensating the district for expenses incurred as a result of	18362
the unforeseen catastrophic event.	18363

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	18364
school district expenditure and cost data for fiscal year 1996	18365
1999, performed the calculation described in division (B) of this	18366
section, and adjusted the results for inflation, and added the	18367
amounts described in division (A)(2) of this section, hereby	18368
determines that the base cost of an adequate education per pupil	18369
for the fiscal year beginning July 1, 1998 2001, is $4,063 $4,814.	18370
For the five following fiscal years, the base cost per pupil for	18371
each of those years, reflecting an annual rate of inflation of two	18372
and eight-tenths per cent, is $4,177 $4,949 for fiscal year 2000	18373
2003, $4,294 $5,088 for fiscal year 2001 2004, $4,414 $5,230 for	18374
fiscal year 2002 2005, $4,538 $5,376 for fiscal year 2003 2006,	18375
and $4,665 $5,527 for fiscal year 2004 2007.	18376

(2) The base cost per pupil amounts specified in division	18377
(A)(1) of this section include amounts to reflect the cost to	18378
school districts of increasing the minimum number of high school	18379
academic units required for graduation beginning September 15,	18380
2001, under section 3313.603 of the Revised Code. Analysis of	18381
fiscal year 1999 data revealed that the school districts meeting	18382
the requirements of division (B) of this section on average	18383
required high school students to complete a minimum of nineteen	18384
and eight-tenths units to graduate. The general assembly	18385
determines that the cost of funding the additional two-tenths unit	18386
required by section 3313.603 of the Revised Code is $12 per pupil	18387
in fiscal year 2002. This amount was added after the calculation	18388
described in division (B) of this section and the adjustment for	18389
inflation from fiscal year 1999 to fiscal year 2002. It is this	18390
total amount, the calculated base cost plus the supplement to pay	18391
for the additional partial unit, that constitutes the base cost	18392
amount specified in division (A)(1) of this section for fiscal	18393
year 2002 and that is inflated to produce the base cost amounts	18394
for fiscal years 2003 through 2007.	18395

(B) In determining the base cost stated in division (A) of	18396
this section, capital and debt costs, costs paid for by federal	18397
funds, and costs covered by funds provided pursuant to sections	18398
3317.023 and 3317.024 of the Revised Code as they existed prior to	18399
July 1, 1998, for disadvantaged pupil impact aid and	18400
transportation were excluded, as were the effects on the	18401
districts' state funds of the application of the	18402
cost-of-doing-business factors, assuming an eighteen a seven and	18403
one-half per cent variance.	18404

The base cost for fiscal year 1996 1999 was calculated as the	18405
unweighted average cost per student, on a school district basis,	18406
of educating students who were not receiving vocational education	18407
or services pursuant to Chapter 3323. of the Revised Code and who	18408
were enrolled in a city, exempted village, or local school	18409
district that in fiscal year 1994 1999 met all of the following	18410
criteria:	18411

(1) The district met at least all but one twenty of the	18412
following twenty-seven performance standards:	18413

(a) A three ninety per cent or lower dropout higher	18414
graduation rate;	18415

(b) At least seventy-five per cent of fourth graders	18416
proficient on the mathematics test prescribed under division	18417
(A)(1) of section 3301.0710 of the Revised Code;	18418

(c) At least seventy-five per cent of fourth graders	18419
proficient on the reading test prescribed under division (A)(1) of	18420
section 3301.0710 of the Revised Code;	18421

(d) At least seventy-five per cent of fourth graders	18422
proficient on the writing test prescribed under division (A)(1) of	18423
section 3301.0710 of the Revised Code;	18424

(e) At least seventy-five per cent of fourth graders	18425
proficient on the citizenship test prescribed under division	18426
(A)(1) of section 3301.0710 of the Revised Code;	18427

(f) At least seventy-five per cent of fourth graders	18428
proficient on the science test prescribed under division (A)(1) of	18429
section 3301.0710 of the Revised Code;	18430

(g) At least seventy-five per cent of sixth graders	18431
proficient on the mathematics test prescribed under division	18432
(A)(2) of section 3301.0710 of the Revised Code;	18433

(h) At least seventy-five per cent of sixth graders	18434
proficient on the reading test prescribed under division (A)(2) of	18435
section 3301.0710 of the Revised Code;	18436

(i) At least seventy-five per cent of sixth graders	18437
proficient on the writing test prescribed under division (A)(2) of	18438
section 3301.0710 of the Revised Code;	18439

(j) At least seventy-five per cent of sixth graders	18440
proficient on the citizenship test prescribed under division	18441
(A)(2) of section 3301.0710 of the Revised Code;	18442

(k) At least seventy-five per cent of sixth graders	18443
proficient on the science test prescribed under division (A)(2) of	18444
section 3301.0710 of the Revised Code;	18445

(l) At least seventy-five per cent of ninth graders	18446
proficient on the mathematics test prescribed under former	18447
division (B) of section 3301.0710 of the Revised Code Section 4 of	18448
Am. Sub. S.B. 55 of the 122nd general assembly;	18449

(g)(m) At least seventy-five per cent of ninth graders	18450
proficient on the reading test prescribed under former division	18451
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	18452
S.B. 55 of the 122nd general assembly;	18453

(h)(n) At least seventy-five per cent of ninth graders	18454
proficient on the writing test prescribed under former division	18455
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	18456
S.B. 55 of the 122nd general assembly;	18457

(i)(o) At least seventy-five per cent of ninth graders	18458
proficient on the citizenship test prescribed under former	18459
division (B) of section 3301.0710 of the Revised Code Section 4 of	18460
Am. Sub. S.B. 55 of the 122nd general assembly;	18461

(j)(p) At least seventy-five per cent of ninth graders	18462
proficient on the science test prescribed under Section 4 of Am.	18463
Sub. S.B. 55 of the 122nd general assembly;	18464

(q) At least eighty-five per cent of tenth graders proficient	18465
on the mathematics test prescribed under former division (B) of	18466
section 3301.0710 of the Revised Code Section 4 of Am. Sub. S.B.	18467
55 of the 122nd general assembly;	18468

(k)(r) At least eighty-five per cent of tenth graders	18469
proficient on the reading test prescribed under former division	18470
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	18471
S.B. 55 of the 122nd general assembly;	18472

(l)(s) At least eighty-five per cent of tenth graders	18473
proficient on the writing test prescribed under former division	18474
(B) of section 3301.0710 of the Revised Code Section 4 of Am. Sub.	18475
S.B. 55 of the 122nd general assembly;	18476

(m)(t) At least eighty-five per cent of tenth graders	18477
proficient on the citizenship test prescribed under former	18478
division (B) of section 3301.0710 of the Revised Code Section 4 of	18479
Am. Sub. S.B. 55 of the 122nd general assembly;	18480

(n)(u) At least eighty-five per cent of tenth graders	18481
proficient on the science test prescribed under Section 4 of Am.	18482
Sub. S.B. 55 of the 122nd general assembly;	18483

(v) At least sixty per cent of twelfth graders proficient on	18484
the mathematics test prescribed under division (A)(3) of section	18485
3301.0710 of the Revised Code;	18486

(o)(w) At least sixty per cent of twelfth graders proficient	18487
on the reading test prescribed under division (A)(3) of section	18488
3301.0710 of the Revised Code;	18489

(p)(x) At least sixty per cent of twelfth graders proficient	18490
on the writing test prescribed under division (A)(3) of section	18491
3301.0710 of the Revised Code;	18492

(q)(y) At least sixty per cent of twelfth graders proficient	18493
on the citizenship test prescribed under division (A)(3) of	18494
section 3301.0710 of the Revised Code;	18495

(r)(z) At least sixty per cent of twelfth graders proficient	18496
on the science test prescribed under division (A)(3) of section	18497
3301.0710 of the Revised Code;	18498

(aa) An attendance rate for the year of at least	18499
ninety-three per cent as defined in section 3302.01 of the Revised	18500
Code.	18501

In determining whether a school district met any of the	18502
performance standards specified in divisions (B)(1)(a) to (aa) of	18503
this section, the general assembly used a rounding procedure	18504
previously recommended by the department of education. It is the	18505
same rounding procedure the general assembly used in 1998 to	18506
determine whether a district had met the standards of former	18507
divisions (B)(1)(a) to (r) of this section for purposes of	18508
constructing the previous model based on fiscal year 1996 data.	18509

(2) The district was not among the ten five per cent of all	18510
districts with the highest income factors, as defined in section	18511
3317.02 of the Revised Code, nor among the ten five per cent of	18512
all districts with the lowest income factors.	18513

(3) The district was not among the five per cent of all	18514
districts with the highest valuation per pupil in ADM, as reported	18515
under division (A) of section 3317.03 of the Revised Code as it	18516
existed prior to July 1, 1998, nor among the five per cent of all	18517
districts with the lowest valuation per pupil.	18518

This model for calculating the base cost of an adequate	18519
education is expenditure-based. The general assembly recognizes	18520
that increases in state funding to school districts since fiscal	18521
year 1996, the fiscal year upon which the general assembly based	18522
its model for calculating state funding to school districts for	18523
fiscal years 1999 through 2001, has increased school district base	18524
cost expenditures for fiscal year 1999, the fiscal year upon which	18525
the general assembly based its model for calculating state funding	18526
for fiscal years 2002 through 2007. In the case of school	18527
districts included in the fiscal year 1999 model that also had met	18528
the fiscal year 1996 performance criteria of former division	18529
(B)(1) of this section, the increased state funding may have	18530
driven the districts' expenditures beyond the expenditures that	18531
were actually needed to maintain their educational programs at the	18532
level necessary to maintain their ability to meet the fiscal year	18533
1999 performance criteria of current division (B)(1) of this	18534
section. The general assembly has determined to control for this	18535
effect by stipulating in the later model that the fiscal year 1999	18536
base cost expenditures of the districts that also met the	18537
performance criteria of former division (B)(1) of this section	18538
equals their base cost expenditures per pupil for fiscal year	18539
1996, inflated to fiscal year 1999 using an annual rate of	18540
inflation of two and eight-tenths per cent. However, if this	18541
inflated amount exceeded the district's actual fiscal year 1999	18542
base cost expenditures per pupil, the district's actual fiscal	18543
year 1999 base cost expenditures per pupil were used in the	18544
calculation. For districts in the 1999 model that did not also	18545
meet the performance criteria of former division (B)(1) of this	18546
section, the actual 1999 base cost per pupil expenditures were	18547
used in the calculation of the average district per pupil costs of	18548
the model districts.	18549

(C) In July of 2000 2005, and in July of every six years	18550
thereafter, the speaker of the house of representatives and the	18551
president of the senate shall each appoint three members to a	18552
committee to reexamine the cost of an adequate education. No more	18553
than two members from any political party shall represent each	18554
house. The director of budget and management and the	18555
superintendent of public instruction shall serve as nonvoting ex	18556
officio members of the committee.	18557

The committee shall select a rational methodology for	18558
calculating the costs of an adequate education system for the	18559
ensuing six-year period, and shall report the methodology and the	18560
resulting costs to the general assembly. In performing its	18561
function, the committee is not bound by any method used by	18562
previous general assemblies to examine and calculate costs and	18563
instead may utilize any rational method it deems suitable and	18564
reasonable given the educational needs and requirements of the	18565
state at that time.	18566

The methodology for determining the cost of an adequate	18567
education system shall take into account the basic educational	18568
costs that all districts incur in educating regular students, the	18569
unique needs of special categories of students, and significant	18570
special conditions encountered by certain classifications of	18571
school districts.	18572

The committee also shall redetermine, for purposes of	18573
updating the parity aid calculation under section 3317.0217 of the	18574
Revised Code, the average number of effective operating mills that	18575
school districts in the seventieth to ninetieth percentiles of	18576
valuations per pupil collect above the revenues required to	18577
finance their attributed local shares of the calculated cost of an	18578
adequate education.	18579

Any committee appointed pursuant to this section shall make	18580
its report to the office of budget and management and the general	18581
assembly within six months one year of its appointment so that the	18582
information is available for use by the office and the general	18583
assembly in preparing the next biennial appropriations act.	18584

(D)(1) For purposes of this division, an "update year" is	18585
the first fiscal year for which the per pupil base cost of an	18586
adequate education is in effect after being recalculated by the	18587
general assembly. The first update year is fiscal year 2002. The	18588
second update year is fiscal year 2008.	18589

(2) The general assembly shall recalculate the per pupil	18590
base cost of an adequate education every six years after	18591
considering the recommendations of the committee appointed under	18592
division (C) of this section. At the time of the recalculation,	18593
for each of the five fiscal years following the update year, the	18594
general assembly shall adjust the base cost recalculated for the	18595
update year using an annual rate of inflation that the general	18596
assembly determines appropriate.	18597

(3) The general assembly shall include, in the act	18598
appropriating state funds for education programs for a fiscal	18599
biennium that begins with an update year, a statement of its	18600
determination of the total state share percentage of base cost and	18601
parity aid funding for the update year.	18602

(4) During its biennial budget deliberations, the general	18603
assembly shall determine the total state share percentage of base	18604
cost and parity aid funding for each fiscal year of the upcoming	18605
biennium. This determination shall be based on the latest	18606
projections and data provided by the department of education under	18607
division (D)(6) of this section prior to the enactment of	18608
education appropriations for the upcoming biennium. If, based on	18609
those latest projections and data, the general assembly determines	18610
that the total state share percentage for either or both nonupdate	18611
fiscal years varies more than two and one-half percentage points	18612
more or less than the total state share percentage for the most	18613
recent update year, as previously stated by the general assembly	18614
under division (D)(3) of this section, the general assembly shall	18615
determine and enact a method that it considers appropriate to	18616
restrict the estimated variance for each year to within two and	18617
one-half percentage points. The general assembly's methods may	18618
include, but are not required to include and need not be limited	18619
to, reexamining the rate of millage charged off as the local share	18620
of base cost funding under divisions (A)(1) and (2) of section	18621
3317.022 of the Revised Code. Regardless of any changes in	18622
charge-off millage rates in years between update years, however,	18623
the charge-off millage rate for update years shall be twenty-three	18624
mills, unless the general assembly determines that a different	18625
millage rate is more appropriate to share the total calculated	18626
base cost between the state and school districts.	18627

(5) The total state share percentage of base cost and parity	18628
aid funding for any fiscal year is calculated as follows: [(Total state base cost + total state parity aid funding) - 18629 statewide charge-off amount] / (Total state base cost + total 18630 state parity aid funding) 18631

Where:

18633

(a) The total state base cost equals the sum of the base	18634
costs for all school districts for the fiscal year.	18635

(b) The base cost for each school district equals:

18636

formula amount X cost-of-doing-business factor X

18637

the greater of formula ADM or

18638

three-year average formula ADM

18639

(c) The total state parity aid funding equals the sum of the	18640
amounts paid to all school districts for the fiscal year under	18641
section 3317.0217 of the Revised Code.	18642

(d) The statewide charge-off amount equals the sum of the	18643
charge-off amounts for all school districts.	18644

(e) The charge-off amount for each school district is the	18645
amount calculated as its local share of base cost funding and	18646
deducted from the total calculated base cost to determine the	18647
amount of its state payment under divisions (A)(1) and (2) of	18648
section 3317.022 of the Revised Code. The charge-off amount for	18649
each school district in fiscal year 2002 is the product of	18650
twenty-three mills multiplied by the district's recognized	18651
valuation. If however, in any fiscal year, including fiscal year	18652
2002, a school district's calculated charge-off amount exceeds its	18653
base cost calculated as described in division (D)(2) of this	18654
section, the district's charge-off amount shall be deemed to equal	18655
its calculated base cost.	18656

(6) Whenever requested by the chairperson of the standing	18657
committee of the house or representatives or the senate having	18658
primary jurisdiction over appropriations, the legislative budget	18659
officer, or the director of budget and management, the department	18660
of education shall report its latest projections for total base	18661
cost, total parity aid funding, and the statewide charge-off	18662
amount, as those terms are defined in division (D)(5) of this	18663
section, for each year of the upcoming fiscal biennium, and all	18664
data it used to make the projections.	18665

Sec. 3317.013.  This section does not apply to handicapped	18666
preschool students.	18667

Analysis of special education cost data has resulted in a	18668
finding that the average special education additional cost per	18669
pupil, including the costs of related services, can be expressed	18670
as a multiple of the base cost per pupil calculated under section	18671
3317.012 of the Revised Code. The multiples for the following	18672
categories of special education programs, as these programs are	18673
defined for purposes of Chapter 3323. of the Revised Code, are as	18674
follows:	18675

(A) A multiple of 0.22 0.21 for students identified as	18676
specific learning disabled, other health handicapped, or	18677
developmentally handicapped, as these terms are defined pursuant	18678
to Chapter 3323. of the Revised Code;	18679

(B) A multiple of 3.01 2.85 for students identified as	18680
hearing handicapped, orthopedically handicapped, vision impaired,	18681
multihandicapped, and severe behavior handicapped, as these terms	18682
are defined pursuant to Chapter 3323. of the Revised Code.	18683

Further analysis indicates that approximately one-eighth of	18684
the total costs of serving special education students consists of	18685
the furnishing of the related services specified in division	18686
(B)(3) of section 3317.022 of the Revised Code.	18687

The general assembly has adjusted the multiples specified in	18688
this section for calculating payments beginning in fiscal year	18689
2002 in recognition that its policy change regarding the	18690
application of the cost-of-doing-business factor produces a higher	18691
base cost amount than would exist if no change were made to its	18692
application. The adjustment maintains the same weighted costs as	18693
would exist if no change were made to the application of the	18694
cost-of-doing-business factor.	18695

Sec. 3317.014.  The average vocational education additional	18696
cost per pupil can be expressed as a multiple of the base cost per	18697
pupil calculated under section 3317.012 of the Revised Code. the	18698
multiples for the following categories of vocational education	18699
programs are as follows:	18700

(A) A multiple of 0.60 0.57 for students enrolled in	18701
vocational education job-training and workforce development	18702
programs approved by the department of education in accordance	18703
with rules adopted under section 3313.90 of the Revised Code.	18704

The rules adopted under this division may provide for	18705
programs that include instructional time beyond the normal periods	18706
of instruction, including summers, for areas of study such as	18707
agriculture. For any such program, the multiple of 0.57 may be	18708
apportioned so that the multiple for the normal school year is	18709
less than the multiple for the additional instructional time but	18710
that a school district may receive the entire value of the weight	18711
for the program if the program extends beyond the normal periods	18712
of instruction.	18713

(B) A multiple of 0.30 0.28 for students enrolled in	18714
vocational education classes other than job-training and workforce	18715
development programs.	18716

Vocational education associated services costs can be	18717
expressed as a multiple of 0.05 of the base cost per pupil	18718
calculated under section 3317.012 of the Revised Code.	18719

The general assembly has adjusted the multiples specified in	18720
this section for calculating payments beginning in fiscal year	18721
2002 in recognition that its policy change regarding the	18722
application of the cost-of-doing-business factor produces a higher	18723
base cost amount than would exist if no change were made to its	18724
application. The adjustment maintains the same weighted costs as	18725
would exist if no change were made to the application of the	18726
cost-of-doing-business factor.	18727

Sec. 3317.02.  As used in this chapter:

18728

(A) Unless otherwise specified, "school district" means	18729
city, local, and exempted village school districts.	18730

(B) "Formula amount" means the base cost for the fiscal year	18731
specified in section 3317.012 of the Revised Code, except that to	18732
allow for the orderly phase-in of the increased funding specified	18733
in that section, the formula amount for fiscal year 1999 shall be	18734
$3,851, and the formula amount for fiscal year 2000 shall be	18735
$4,052. Thereafter, the formula amount shall be as specified in	18736
that section.	18737

(C) "FTE basis" means a count of students based on full-time	18738
equivalency, in accordance with rules adopted by the department of	18739
education pursuant to section 3317.03 of the Revised Code. In	18740
adopting its rules under this division, the department shall	18741
provide for counting any student in category one, two, or three	18742
special education ADM or in category one or two vocational	18743
education ADM in the same proportion the student is counted in	18744
formula ADM.	18745

(D)(1) "Formula ADM" means, for a city, local, or exempted	18746
village school district, the number reported pursuant to division	18747
(A) of section 3317.03 of the Revised Code, and for a joint	18748
vocational school district, the number reported pursuant to	18749
division (D) of that section.	18750

(2) "Three-year average formula ADM" means the average of	18751
formula ADMs for the current and preceding two fiscal years.	18752
However, as applicable in fiscal years 1999 and 2000, the	18753
three-year average for city, local, and exempted village school	18754
districts shall be determined utilizing the FY 1997 ADM or FY 1998	18755
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In	18756
fiscal years 2000 and 2001, the three-year average for joint	18757
vocational school districts shall be determined utilizing the	18758
average daily membership reported in fiscal years 1998 and 1999	18759
under division (D) of section 3317.03 of the Revised Code in lieu	18760
of formula ADM for fiscal years 1998 and 1999.	18761

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	18762
district's average daily membership reported for the applicable	18763
fiscal year under the version of division (A) of section 3317.03	18764
of the Revised Code in effect during that fiscal year, adjusted as	18765
follows:	18766

(1) Minus the average daily membership of handicapped	18767
preschool children;	18768

(2) Minus one-half of the average daily membership attending	18769
kindergarten;	18770

(3) Minus three-fourths of the average daily membership	18771
attending a joint vocational school district;	18772

(4) Plus the average daily membership entitled under section	18773
3313.64 or 3313.65 of the Revised Code to attend school in the	18774
district but receiving educational services in approved units from	18775
an educational service center or another school district under a	18776
compact or a cooperative education agreement, as determined by the	18777
department;	18778

(5) Minus the average daily membership receiving educational	18779
services from the district in approved units but entitled under	18780
section 3313.64 or 3313.65 of the Revised Code to attend school in	18781
another school district, as determined by the department.	18782

(F)(1) "Category one special education ADM" means the average	18783
daily membership of handicapped children receiving special	18784
education services for those handicaps specified in division (A)	18785
of section 3317.013 of the Revised Code and reported under	18786
division (B)(5) or (D)(2)(b) of section 3317.03 of the Revised	18787
Code.	18788

(2) "Category two special education ADM" means the average	18789
daily membership of handicapped children receiving special	18790
education services for those handicaps specified in division (B)	18791
of section 3317.013 of the Revised Code and reported under	18792
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	18793
Code.	18794

(3) "Category three special education ADM" means the average	18795
daily membership of students receiving special education services	18796
for students identified as autistic, having traumatic brain	18797
injuries, or as both visually and hearing disabled as these terms	18798
are defined pursuant to Chapter 3323. of the Revised Code, and	18799
reported under division (B)(7) or (D)(2)(d) of section 3317.03 of	18800
the Revised Code.	18801

(4) "Category one vocational education ADM" means the	18802
average daily membership of students receiving vocational	18803
education services described in division (A) of section 3317.014	18804
of the Revised Code and reported under division (B)(8) or	18805
(D)(2)(e) of section 3317.03 of the Revised Code.	18806

(5) "Category two vocational education ADM" means the average	18807
daily membership of students receiving vocational education	18808
services described in division (B) of section 3317.014 of the	18809
Revised Code and reported under division (B)(9) or (D)(2)(f) of	18810
section 3317.03 of the Revised Code.	18811

(G) "Handicapped preschool child" means a handicapped child,	18812
as defined in section 3323.01 of the Revised Code, who is at least	18813
age three but is not of compulsory school age, as defined in	18814
section 3321.01 of the Revised Code, and who is not currently	18815
enrolled in kindergarten.	18816

(H) "County MR/DD board" means a county board of mental	18817
retardation and developmental disabilities.	18818

(I) "Recognized valuation" means the amount calculated for a	18819
school district pursuant to section 3317.015 of the Revised Code.	18820

(J) "Transportation ADM" means the number of children	18821
reported under division (B)(10) of section 3317.03 of the Revised	18822
Code.	18823

(K) "Average efficient transportation use cost per student"	18824
means a statistical representation of transportation costs as	18825
calculated under division (D)(2) of section 3317.022 of the	18826
Revised Code.	18827

(L) "Taxes charged and payable" means the taxes charged and	18828
payable against real and public utility property after making the	18829
reduction required by section 319.301 of the Revised Code, plus	18830
the taxes levied against tangible personal property.	18831

(M) "Total taxable value" means the sum of the amounts	18832
certified for a city, local, exempted village, or joint vocational	18833
school district under divisions (A)(1) and (2) of section 3317.021	18834
of the Revised Code.	18835

(N)(1) "Cost-of-doing-business factor" means the amount	18836
indicated in this division for the county in which a city, local,	18837
exempted village, or joint vocational school district is located,	18838
adjusted in accordance with division (N)(2) of this section. If a	18839
city, local, or exempted village school district is located in	18840
more than one county, the factor is the amount indicated for the	18841
county to which the district is assigned by the state department	18842
of education. If a joint vocational school district is located in	18843
more than one county, the factor is the amount indicated for the	18844
county in which the joint vocational school with the greatest	18845
formula ADM operated by the district is located.	18846

(2) As used in this division, "multiplier" means the number	18937
for the corresponding fiscal year as follows:	18938

Beginning in fiscal year 1998, the department shall annually	18948
adjust the cost-of-doing-business factor for each county in	18949
accordance with the following formula:	18950

[(The cost-of-doing-business factor specified under

18951

division (N)(1) of this section - 1) X (the multiplier

18952

for the fiscal year of the calculation)] + 1

18953

The result of such formula shall be the adjusted	18954
cost-of-doing-business factor for that fiscal year.	18955

(O) "Tax exempt value" of a school district means the amount	18956
certified for a school district under division (A)(4) of section	18957
3317.021 of the Revised Code.	18958

(P) "Potential value" of a school district means the adjusted	18959
total taxable value recognized valuation of a school district plus	18960
the tax exempt value of the district.	18961

(Q) "District median income" means the median Ohio adjusted	18962
gross income certified for a school district. On or before the	18963
first day of July of each year, the tax commissioner shall certify	18964
to the department of education for each city, exempted village,	18965
and local school district the median Ohio adjusted gross income of	18966
the residents of the school district determined on the basis of	18967
tax returns filed for the second preceding tax year by the	18968
residents of the district.	18969

(R) "Statewide median income" means the median district	18970
median income of all city, exempted village, and local school	18971
districts in the state.	18972

(S) "Income factor" for a city, exempted village, or local	18973
school district means the quotient obtained by dividing that	18974
district's median income by the statewide median income.	18975

(T) Except as provided in division (B)(3) of section	18976
3317.012 of the Revised Code, "valuation per pupil" for a city,	18977
exempted village, or local school district means the district's	18978
recognized valuation divided by the greater of the district's	18979
formula ADM or three-year average formula ADM.	18980

(U) Except as provided in section 3317.0213 of the Revised	18981
Code, "adjusted valuation per pupil" means the amount calculated	18982
in accordance with the following formula:	18983

District valuation per pupil - [$60,000 X

18984

(1 - district income factor)]

18985

If the result of such formula is negative, the adjusted	18986
valuation per pupil shall be zero.	18987

(V) "Income adjusted valuation" means the product obtained by	18988
multiplying the school district's adjusted valuation per pupil by	18989
the greater of the district's formula ADM or three-year average	18990
formula ADM.	18991

(W) Except as provided in division (A)(2) of section	18992
3317.022 of the Revised Code, "adjusted total taxable value" means	18993
one of the following:	18994

(1) In any fiscal year that a school district's income	18995
factor is less than or equal to one, the amount calculated under	18996
the following formula:	18997

(Income adjusted valuation X multiple) +

18998

[recognized valuation X (1-multiple)]

18999

Where "multiple" means the number for the corresponding	19000
fiscal year as follows:	19001

(2) In fiscal year 1999, if a school district's income	19006
factor is greater than one, the amount calculated under the	19007
following formula:	19008

(Income adjusted valuation X 1/15)

19009

+ (recognized valuation X 14/15)

19010

Thereafter, the adjusted total taxable value of a district	19011
with an income factor greater than one shall be its recognized	19012
valuation.	19013

Sec. 3317.021.  (A) On or before the first day of June of	19014
each year, the tax commissioner shall certify to the department of	19015
education the following information for each city, exempted	19016
village, and local school district, and the information required	19017
by divisions (A)(1) and (2) of this section for each joint	19018
vocational school district, and it shall be used, along with the	19019
information certified under division (B) of this section, in	19020
making the computations for the district under section sections	19021
3317.022 and 3317.0217 or section 3317.16 of the Revised Code:	19022

(1) The taxable value of real and public utility real	19023
property in the school district subject to taxation in the	19024
preceding tax year, by class and by county of location;	19025

(2) The taxable value of tangible personal property,	19026
including public utility personal property, subject to taxation by	19027
the district for the preceding tax year;	19028

(3)(a) The total property tax rate and total taxes charged	19029
and payable for the current expenses for the preceding tax year	19030
and the total property tax rate and the total taxes charged and	19031
payable to a joint vocational district for the preceding tax year	19032
that are limited to or to the extent apportioned to current	19033
expenses;	19034

(b) The portion of the amount of taxes charged and payable	19035
reported for each city, local, and exempted village school	19036
district under division (A)(3)(a) of this section attributable to	19037
a joint vocational school district.	19038

(4) The value of all real and public utility real property	19039
in the school district exempted from taxation minus both of the	19040
following:	19041

(a) The value of real and public utility real property in	19042
the district owned by the United States government and used	19043
exclusively for a public purpose;	19044

(b) The value of real and public utility real property in	19045
the district exempted from taxation under Chapter 725. or 1728. or	19046
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	19047
5709.73, or 5709.78 of the Revised Code.	19048

(5) The total effective operating tax rate for the district	19049
in the tax year for which the most recent data are available	19050
federal adjusted gross income of the residents of the school	19051
district, based on tax returns filed by the residents of the	19052
district, for the most recent year for which this information is	19053
available.	19054

(B) On or before the first day of May each year, the tax	19055
commissioner shall certify to the department of education the	19056
total taxable real property value of railroads and, separately,	19057
the total taxable tangible personal property value of all public	19058
utilities for the preceding tax year, by school district and by	19059
county of location.	19060

(C) If a public utility has properly and timely filed a	19061
petition for reassessment under section 5727.47 of the Revised	19062
Code with respect to an assessment issued under section 5727.23 of	19063
the Revised Code affecting taxable property apportioned by the tax	19064
commissioner to a school district, the taxable value of public	19065
utility tangible personal property included in the certification	19066
under divisions (A)(2) and (B) of this section for the school	19067
district shall include only the amount of taxable value on the	19068
basis of which the public utility paid tax for the preceding year	19069
as provided in division (B)(1) or (2) of section 5727.47 of the	19070
Revised Code.	19071

(D) If on the basis of the information certified under	19072
division (A) of this section, the department determines that any	19073
district fails in any year to meet the qualification requirement	19074
specified in division (A) of section 3317.01 of the Revised Code,	19075
the department shall immediately request the tax commissioner to	19076
determine the extent to which any school district income tax	19077
levied by the district under Chapter 5748. of the Revised Code	19078
shall be included in meeting that requirement. Within five days	19079
of receiving such a request from the department, the tax	19080
commissioner shall make the determination required by this	19081
division and report the quotient obtained under division (D)(3) of	19082
this section to the department. This quotient represents the	19083
number of mills that the department shall include in determining	19084
whether the district meets the qualification requirement of	19085
division (A) of section 3317.01 of the Revised Code.	19086

The tax commissioner shall make the determination required by	19087
this division as follows:	19088

(1) Multiply one mill times the total taxable value of the	19089
district as determined in divisions (A)(1) and (2) of this	19090
section;	19091

(2) Estimate the total amount of tax liability for the	19092
current tax year under taxes levied by Chapter 5748. of the	19093
Revised Code that are apportioned to current operating expenses of	19094
the district;	19095

(3) Divide the amount estimated under division (D)(2) of	19096
this section by the product obtained under division (D)(1) of this	19097
section.	19098

(E) As used in this section:

19099

(1) "Class I taxes charged and payable for current expenses"	19100
means taxes charged and payable for current expenses on land and	19101
improvements classified as residential/agricultural real property	19102
under section 5713.041 of the Revised Code.	19103

(2) "Class I taxable value" means the taxable value of land	19104
and improvements classified as residential/agricultural real	19105
property under section 5713.041 of the Revised Code.	19106

(3) "Class I effective operating tax rate" of a school	19107
district means the quotient obtained by dividing the school	19108
district's Class I taxes charged and payable for current expenses	19109
by the district's Class I taxable value.	19110

(4) "Income tax equivalent tax rate" of a school district	19111
means the quotient obtained by dividing the income tax revenue	19112
disbursed during the current fiscal year under any tax levied	19113
pursuant to Chapter 5748. of the Revised Code by total taxable	19114
value of the district to the extent the revenue from the tax is	19115
allocated or apportioned to current expenses.	19116

(5) "Total effective operating tax rate" means the sum of	19117
the Class I effective operating tax rate and the income tax	19118
equivalent tax rate.	19119

Sec. 3317.022.  (A)(1) The department of education shall	19120
compute and distribute state base cost funding to each school	19121
district for the fiscal year in accordance with the following	19122
formula, using adjusted total taxable value as defined in section	19123
3317.02 of the Revised Code or making any adjustment required by	19124
division (A)(2) of this section and using the information obtained	19125
under section 3317.021 of the Revised Code in the calendar year in	19126
which the fiscal year begins.	19127

Compute the following for each eligible district:

19128

[cost-of-doing-business factor X

19129

the formula amount X (the greater of formula ADM

19130

or three-year average formula ADM)] -

19131

(.023 X adjusted total taxable value recognized valuation)

19132

If the difference obtained is a negative number, the	19133
district's computation shall be zero.	19134

(2)(a) For each school district for which the tax exempt	19135
value of the district equals or exceeds twenty-five per cent of	19136
the potential value of the district, the department of education	19137
shall calculate the difference between the district's tax exempt	19138
value and twenty-five per cent of the district's potential value.	19139

(b) For each school district to which division (A)(2)(a) of	19140
this section applies, the adjusted total taxable value department	19141
shall adjust the recognized valuation used in the calculation	19142
under division (A)(1) of this section shall be the adjusted total	19143
taxable value modified by subtracting from it the amount	19144
calculated under division (A)(2)(a) of this section.	19145

(B) As used in this section:

19146

(1) The "total special education weight" for a district	19147
means the sum of the following amounts:	19148

(a) The district's category one special education ADM	19149
multiplied by the multiple specified under in division (A) of	19150
section 3317.013 of the Revised Code;	19151

(b) The sum of the district's category two and category	19152
three special education ADMs multiplied by the multiple specified	19153
under in division (B) of section 3317.013 of the Revised Code.	19154

(2) "State share percentage" means the percentage calculated	19155
for a district as follows:	19156

(a) Calculate the state base cost funding amount for the	19157
district for the fiscal year under division (A) of this section.	19158
If the district would not receive any state base cost funding for	19159
that year under that division, the district's state share	19160
percentage is zero.	19161

(b) If the district would receive state base cost funding	19162
under that division, divide that amount by an amount equal to the	19163
following:	19164

Cost-of-doing-business factor X

19165

the formula amount X (the greater of formula

19166

ADM or three-year average formula ADM)

19167

The resultant number is the district's state share	19168
percentage.	19169

(3) "Related services" includes:

19170

(a) Child study, special education supervisors and	19171
coordinators, speech and hearing services, adaptive physical	19172
development services, occupational or physical therapy, teacher	19173
assistants for handicapped children whose handicaps are described	19174
in division (B) of section 3317.013 or division (F)(3) of section	19175
3317.02 of the Revised Code, behavioral intervention, interpreter	19176
services, work study, nursing services, and specialized	19177
integrative services as those terms are defined by the department;	19178

(b) Speech and language services provided to any student	19179
with a handicap, including any student whose primary or only	19180
handicap is a speech and language handicap;	19181

(c) Any related service not specifically covered by other	19182
state funds but specified in federal law, including but not	19183
limited to, audiology and school psychological services;	19184

(d) Any service included in units funded under former	19185
division (O)(1) of section 3317.023 of the Revised Code;	19186

(e) Any other related service needed by handicapped children	19187
in accordance with their individualized education plans.	19188

(4) The "total vocational education weight" for a district	19189
means the sum of the following amounts:	19190

(a) The district's category one vocational education ADM	19191
multiplied by the multiple specified in division (A) of section	19192
3317.014 of the Revised Code;	19193

(b) The district's category two vocational education ADM	19194
multiplied by the multiple specified in division (B) of section	19195
3317.014 of the Revised Code.	19196

(C)(1) The department shall compute and distribute state	19197
special education and related services additional weighted costs	19198
funds to each school district in accordance with the following	19199
formula:	19200

The district's state share percentage

19201

X the formula amount for the year

19202

for which the aid is calculated

19203

X the district's total special education weight

19204

(2) In any fiscal year, a school district receiving funds	19205
under division (C)(1) of this section shall spend on related	19206
services the lesser of the following:	19207

(a) The amount the district spent on related services in the	19208
preceding fiscal year;	19209

(b) 1/8 X {[cost-of-doing-business factor X the formula	19210
amount X (the category one special education ADM + category two	19211
special education ADM + category three special education ADM)] +	19212
the amount calculated for the fiscal year under division (C)(1) of	19213
this section + the local share of special education and related	19214
services additional weighted costs}.	19215

(3) The attributed local share of special education and	19216
related services additional weighted costs equals:	19217

(1 - the district's state share percentage) X

19218

the district's total special education weight X

19219

the formula amount

19220

(4)(a) The department shall compute and pay in accordance	19221
with this division additional state aid to school districts for	19222
students in category three categories one and two special	19223
education ADM. If a district's costs for the fiscal year for a	19224
student in its category three categories one and two special	19225
education ADM are twenty-five thousand dollars or more, the	19226
district may submit to the superintendent of public instruction	19227
documentation, as prescribed by the superintendent, of all its	19228
costs for that student. Upon submission of documentation for a	19229
student of the type and in the manner prescribed, the department	19230
shall pay to the district an amount equal to the sum of the	19231
following:	19232

(i) One-half of the district's costs for the student in	19233
excess of twenty-five thousand dollars;	19234

(ii) The product of one-half of the district's costs for the	19235
student in excess of twenty-five thousand dollars multiplied by	19236
the district's state share percentage.	19237

(b) In fiscal year 2002, if a district's costs for a student	19238
in its category three special education ADM are twenty-five	19239
thousand dollars or more, the district may submit to the	19240
superintendent of public instruction documentation, as prescribed	19241
by the superintendent, of all its costs for that student. Upon	19242
submission of documentation for a student of the type and in the	19243
manner prescribed, the department shall pay to the district an	19244
amount equal to the sum of the following:	19245

(i) One-half of the district's costs for the student in	19246
excess of twenty-five thousand dollars;	19247

(ii) The product of one-half of the district's costs for the	19248
student in excess of twenty-five thousand dollars multiplied by	19249
the district's state share percentage.	19250

(c) In any fiscal year after fiscal year 2002, if a	19251
district's costs for a student in its category three special	19252
education ADM are twenty thousand dollars or more, the district	19253
may submit to the superintendent of public instruction	19254
documentation, as prescribed by the superintendent, of all its	19255
costs for that student. Upon submission of documentation for a	19256
student of the type and in the manner prescribed, the department	19257
shall pay to the district an amount equal to the sum of the	19258
following:	19259

(i) One-half of the district's costs for the student in	19260
excess of twenty thousand dollars;	19261

(ii) The product of one-half of the district's costs for the	19262
student in excess of twenty thousand dollars multiplied by the	19263
district's state share percentage.	19264

(d) The district shall only report under divisions (C)(4)(a)	19265
to (c) of this section, and the department shall only pay for, the	19266
costs of educational expenses and the related services provided to	19267
the student in accordance with the student's individualized	19268
education program. Any legal fees, court costs, or other costs	19269
associated with any cause of action relating to the student may	19270
not be included in the amount.	19271

(5)(a) As used in this division, the "personnel allowance"	19272
means twenty-five thousand dollars in fiscal year 2000 and thirty	19273
thousand dollars in fiscal year 2001 2002 and fifty-five thousand	19274
six hundred fifty-two dollars in fiscal year 2003.	19275

(b) For the provision of speech services to students and for	19276
no other purpose, the department of education shall pay each	19277
school district an amount calculated under the following formula:	19278

(formula ADM divided by 2000) X

19279

the personnel allowance X the state share percentage

19280

(6) In any fiscal year, a school district receiving funds	19281
under division (C)(1) of this section shall spend those funds only	19282
for the purposes that the department designates as approved for	19283
special education expenses.	19284

(D)(1) As used in this division:

19285

(a) "Daily bus miles per student" equals the number of bus	19286
miles traveled per day, divided by transportation base.	19287

(b) "Transportation base" equals total student count as	19288
defined in section 3301.011 of the Revised Code, minus the number	19289
of students enrolled in preschool handicapped units, plus the	19290
number of nonpublic school students included in transportation	19291
ADM.	19292

(c) "Transported student percentage" equals transportation	19293
ADM divided by transportation base.	19294

(d) "Transportation cost per student" equals total operating	19295
costs for board-owned or contractor-operated school buses divided	19296
by transportation base.	19297

(2) Analysis of student transportation cost data has	19298
resulted in a finding that an average efficient transportation use	19299
cost per student can be calculated by means of a regression	19300
formula that has as its two independent variables the number of	19301
daily bus miles per student and the transported student	19302
percentage. For fiscal year 1998 transportation cost data, the	19303
average efficient transportation use cost per student is expressed	19304
as follows:	19305

51.79027 + (139.62626 X daily bus miles per student) +

19306

(116.25573 X transported student percentage)

19307

The department of education shall annually determine the	19308
average efficient transportation use cost per student in	19309
accordance with the principles stated in division (D)(2) of this	19310
section, updating the intercept and regression coefficients of the	19311
regression formula modeled in this division, based on an annual	19312
statewide analysis of each school district's daily bus miles per	19313
student, transported student percentage, and transportation cost	19314
per student data. The department shall conduct the annual update	19315
using data, including daily bus miles per student, transported	19316
student percentage, and transportation cost per student data, from	19317
the prior fiscal year. The department shall notify the office of	19318
budget and management of such update by the fifteenth day of	19319
February of each year.	19320

(3) In addition to funds paid under divisions (A), (C), and	19321
(E) of this section, each district with a transported student	19322
percentage greater than zero shall receive a payment equal to a	19323
percentage of the product of the district's transportation base	19324
from the prior fiscal year times the annually updated average	19325
efficient transportation use cost per student, times an inflation	19326
factor of two and eight tenths per cent to account for the	19327
one-year difference between the data used in updating the formula	19328
and calculating the payment and the year in which the payment is	19329
made. The percentage shall be the following percentage of that	19330
product specified for the corresponding fiscal year:	19331

The payments made under division (D)(3) of this section each	19337
year shall be calculated based on all of the same prior year's	19338
data used to update the formula.	19339

(4) In addition to funds paid under divisions (D)(2) and (3)	19340
of this section, a school district shall receive a rough road	19341
subsidy if both of the following apply:	19342

(a) Its county rough road percentage is higher than the	19343
statewide rough road percentage, as those terms are defined in	19344
division (D)(5) of this section;	19345

(b) Its district student density is lower than the statewide	19346
student density, as those terms are defined in that division.	19347

(5) The rough road subsidy paid to each district meeting the	19348
qualifications of division (D)(4) of this section shall be	19349
calculated in accordance with the following formula:	19350

(per rough mile subsidy X total rough road miles) X

19351

density multiplier

19352

where:

19353

(a) "Per rough mile subsidy" equals the amount calculated in	19354
accordance with the following formula:	19355

0.75 - {0.75 X [(maximum rough road percentage -

19356

county rough road percentage)/(maximum rough road percentage -

19358

statewide rough road percentage)]}

19359

(i) "Maximum rough road percentage" means the highest county	19360
rough road percentage in the state.	19361

(ii) "County rough road percentage" equals the percentage of	19362
the mileage of state, municipal, county, and township roads that	19363
is rated by the department of transportation as type A, B, C, E2,	19364
or F in the county in which the school district is located or, if	19365
the district is located in more than one county, the county to	19366
which it is assigned for purposes of determining its	19367
cost-of-doing-business factor.	19368

(iii) "Statewide rough road percentage" means the percentage	19369
of the statewide total mileage of state, municipal, county, and	19370
township roads that is rated as type A, B, C, E2, or F by the	19371
department of transportation.	19372

(b) "Total rough road miles" means a school district's total	19373
bus miles traveled in one year times its county rough road	19374
percentage.	19375

(c) "Density multiplier" means a figure calculated in	19376
accordance with the following formula:	19377

1 - [(minimum student density - district student

19378

density)/(minimum student density -

19379

statewide student density)]

19380

(i) "Minimum student density" means the lowest district	19381
student density in the state.	19382

(ii) "District student density" means a school district's	19383
transportation base divided by the number of square miles in the	19384
district.	19385

(iii) "Statewide student density" means the sum of the	19386
transportation bases for all school districts divided by the sum	19387
of the square miles in all school districts.	19388

(6) In addition to funds paid under divisions (D)(2) to (5)	19389
of this section, each district shall receive in accordance with	19390
rules adopted by the state board of education a payment for	19391
students transported by means other than board-owned or	19392
contractor-operated buses and whose transportation is not funded	19393
under division (J) of section 3317.024 of the Revised Code. The	19394
rules shall include provisions for school district reporting of	19395
such students.	19396

(7) Notwithstanding divisions (D)(1) to (6) of this section,	19397
in fiscal year 2000 only, each school district shall receive the	19398
greater of the total amount calculated for it under those	19399
divisions and division (J) of section 3317.024 of the Revised Code	19400
or the total amount calculated for it for types one through six	19401
student transportation operating funds in fiscal year 1999. For	19402
purposes of division (D)(7) of this section, the fiscal year 1999	19403
guaranteed total amount does not include subsidies for school bus	19404
purchases.	19405

(E)(1) The department shall compute and distribute state	19406
vocational education additional weighted costs funds to each	19407
school district in accordance with the following formula:	19408

state share percentage X

19409

the formula amount X

19410

total vocational education weight

19411

In any fiscal year, a school district receiving funds under	19412
division (E)(1) of this section shall spend those funds only for	19413
the purposes that the department designates as approved for	19414
vocational education expenses.	19415

(2) The department shall compute for each school district	19416
state funds for vocational education associated services in	19417
accordance with the following formula:	19418

state share percentage X .05 X

19419

the formula amount X the sum of categories one and two

19420

vocational education ADM

19421

In any fiscal year, a school district receiving funds under	19422
division (E)(2) of this section, or through a transfer of funds	19423
pursuant to division (L) of section 3317.023 of the Revised Code,	19424
shall spend those funds only for the purposes that the department	19425
designates as approved for vocational education associated	19426
services expenses, which may include such purposes as	19427
apprenticeship coordinators, coordinators for other vocational	19428
education services, vocational evaluation, and other purposes	19429
designated by the department. The department may deny payment	19430
under division (E)(2) of this section to any district that the	19431
department determines is not operating those services or is using	19432
funds paid under division (E)(2) of this section, or through a	19433
transfer of funds pursuant to division (L) of section 3317.023 of	19434
the Revised Code, for other purposes.	19435

In fiscal years 2000 and 2001, each school district shall	19436
continue to offer the same number of the vocational education	19437
programs that the district offered in fiscal year 1999, unless the	19438
department of education expressly agrees that the district may	19439
offer fewer programs in either fiscal year 2000 or 2001 or both.	19440

(F) Beginning in fiscal year 2003, the actual local share in	19441
any fiscal year for the combination of special education and	19442
related services additional weighted costs funding calculated	19443
under division (C)(1) of this section, transportation funding	19444
calculated under divisions (D)(2) and (3) of this section, and	19445
vocational education and associated services additional weighted	19446
costs funding calculated under divisions (E)(1) and (2) of this	19447
section shall not exceed for any school district the product of	19448
three mills times the district's recognized valuation. Beginning	19449
in fiscal year 2003, the department annually shall pay each school	19450
district as an excess cost supplement any amount by which the sum	19451
of the district's attributed local shares for that funding exceeds	19452
that product. For purposes of calculating the excess cost	19453
supplement:	19454

(1) The attributed local share for special education and	19455
related services additional weighted costs funding is the amount	19456
specified in division (C)(3) of this section.	19457

(2) The attributed local share of transportation funding	19458
equals the difference of the total amount calculated for the	19459
district using the formula developed under division (D)(2) of this	19460
section minus the actual amount paid to the district after	19461
applying the percentage specified in division (D)(3) of this	19462
section.	19463

(3) The attributed local share of vocational education and	19464
associated services additional weighted costs funding is the	19465
amount determined as follows:	19466

(1 - state share percentage) X

19467

[(total vocational education weight X the formula amount) +

19468

the payment under division (E)(2) of this section]

19469

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	19470
Revised Code, the amounts required to be paid to a district under	19471
this chapter shall be adjusted by the amount of the computations	19472
made under divisions (B) to (K)(L) of this section.	19473

As used in this section:

19474

(1) "Classroom teacher" means a licensed employee who	19475
provides direct instruction to pupils, excluding teachers funded	19476
from money paid to the district from federal sources; educational	19477
service personnel; and vocational and special education teachers.	19478

(2) "Educational service personnel" shall not include such	19479
specialists funded from money paid to the district from federal	19480
sources or assigned full-time to vocational or special education	19481
students and classes and may only include those persons employed	19482
in the eight specialist areas in a pattern approved by the	19483
department of education under guidelines established by the state	19484
board of education.	19485

(3) "Annual salary" means the annual base salary stated in	19486
the state minimum salary schedule for the performance of the	19487
teacher's regular teaching duties that the teacher earns for	19488
services rendered for the first full week of October of the fiscal	19489
year for which the adjustment is made under division (C) of this	19490
section. It shall not include any salary payments for	19491
supplemental teachers contracts.	19492

(4) "Regular student population" means the formula ADM plus	19493
the number of students reported as enrolled in the district	19494
pursuant to division (A)(1) of section 3313.981 of the Revised	19495
Code; minus the number of students reported under division (A)(2)	19496
of section 3317.03 of the Revised Code; minus the FTE of students	19497
reported under division (B)(5), (6), (7), (8), or (9) of that	19498
section who are enrolled in a vocational education class or	19499
receiving special education; and minus one-fourth of the students	19500
enrolled concurrently in a joint vocational school district.	19501

(5) "State share percentage" has the same meaning as in	19502
section 3317.022 of the Revised Code.	19503

(6) "VEPD" means a school district or group of school	19504
districts designated by the department of education as being	19505
responsible for the planning for and provision of vocational	19506
education services to students within the district or group.	19507

(7) "Lead district" means a school district, including a	19508
joint vocational school district, designated by the department as	19509
a VEPD, or designated to provide primary vocational education	19510
leadership within a VEPD composed of a group of districts.	19511

(B) If the district employs less than one full-time	19512
equivalent classroom teacher for each twenty-five pupils in the	19513
regular student population in any school district, deduct the sum	19514
of the amounts obtained from the following computations:	19515

(1) Divide the number of the district's full-time equivalent	19516
classroom teachers employed by one twenty-fifth;	19517

(2) Subtract the quotient in (1) from the district's regular	19518
student population;	19519

(3) Multiply the difference in (2) by seven hundred	19520
fifty-two dollars.	19521

(C) If a positive amount, add one-half of the amount	19522
obtained by multiplying the number of full-time equivalent	19523
classroom teachers by:	19524

(1) The mean annual salary of all full-time equivalent	19525
classroom teachers employed by the district at their respective	19526
training and experience levels minus;	19527

(2) The mean annual salary of all such teachers at their	19528
respective levels in all school districts receiving payments under	19529
this section.	19530

The number of full-time equivalent classroom teachers used in	19531
this computation shall not exceed one twenty-fifth of the	19532
district's regular student population. In calculating the	19533
district's mean salary under this division, those full-time	19534
equivalent classroom teachers with the highest training level	19535
shall be counted first, those with the next highest training level	19536
second, and so on, in descending order. Within the respective	19537
training levels, teachers with the highest years of service shall	19538
be counted first, the next highest years of service second, and so	19539
on, in descending order.	19540

(D) This division does not apply to a school district that	19541
has entered into an agreement under division (A) of section	19542
3313.42 of the Revised Code. Deduct the amount obtained from the	19543
following computations if the district employs fewer than five	19544
full-time equivalent educational service personnel, including	19545
elementary school art, music, and physical education teachers,	19546
counselors, librarians, visiting teachers, school social workers,	19547
and school nurses for each one thousand pupils in the regular	19548
student population:	19549

(1) Divide the number of full-time equivalent educational	19550
service personnel employed by the district by five	19551
one-thousandths;	19552

(2) Subtract the quotient in (1) from the district's regular	19553
student population;	19554

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

19555

(E) If a local school district, or a city or exempted	19556
village school district to which a governing board of an	19557
educational service center provides services pursuant to section	19558
3313.843 of the Revised Code, deduct the amount of the payment	19559
required for the reimbursement of the governing board under	19560
section 3317.11 of the Revised Code.	19561

(F)(1) If the district is required to pay to or entitled to	19562
receive tuition from another school district under division (C)(2)	19563
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	19564
or if the superintendent of public instruction is required to	19565
determine the correct amount of tuition and make a deduction or	19566
credit under section 3317.08 of the Revised Code, deduct and	19567
credit such amounts as provided in division (I) of section 3313.64	19568
or section 3317.08 of the Revised Code.	19569

(2) For each child for whom the district is responsible for	19570
tuition or payment under division (A)(1) of section 3317.082 or	19571
section 3323.091 of the Revised Code, deduct the amount of tuition	19572
or payment for which the district is responsible.	19573

(G) If the district has been certified by the superintendent	19574
of public instruction under section 3313.90 of the Revised Code as	19575
not in compliance with the requirements of that section, deduct an	19576
amount equal to ten per cent of the amount computed for the	19577
district under section 3317.022 of the Revised Code.	19578

(H) If the district has received a loan from a commercial	19579
lending institution for which payments are made by the	19580
superintendent of public instruction pursuant to division (E)(3)	19581
of section 3313.483 of the Revised Code, deduct an amount equal to	19582
such payments.	19583

(I)(1) If the district is a party to an agreement entered	19584
into under division (D), (E), or (F) of section 3311.06 or	19585
division (B) of section 3311.24 of the Revised Code and is	19586
obligated to make payments to another district under such an	19587
agreement, deduct an amount equal to such payments if the district	19588
school board notifies the department in writing that it wishes to	19589
have such payments deducted.	19590

(2) If the district is entitled to receive payments from	19591
another district that has notified the department to deduct such	19592
payments under division (I)(1) of this section, add the amount of	19593
such payments.	19594

(J) If the district is required to pay an amount of funds to	19595
a cooperative education district pursuant to a provision described	19596
by division (B)(4) of section 3311.52 or division (B)(8) of	19597
section 3311.521 of the Revised Code, deduct such amounts as	19598
provided under that provision and credit those amounts to the	19599
cooperative education district for payment to the district under	19600
division (B)(1) of section 3317.19 of the Revised Code.	19601

(K)(1) If a district is educating a student entitled to	19602
attend school in another district pursuant to a shared education	19603
contract, compact, or cooperative education agreement other than	19604
an agreement entered into pursuant to section 3313.842 of the	19605
Revised Code, credit to that educating district on an FTE basis	19606
both of the following:	19607

(a) An amount equal to the formula amount times the cost of	19608
doing business factor of the school district where the student is	19609
entitled to attend school pursuant to section 3313.64 or 3313.65	19610
of the Revised Code;	19611

(b) An amount equal to the formula amount times the state	19612
share percentage times any multiple applicable to the student	19613
pursuant to section 3317.013 or 3317.014 of the Revised Code.	19614

(2) Deduct any amount credited pursuant to division (K)(1)	19615
of this section from amounts paid to the school district in which	19616
the student is entitled to attend school pursuant to section	19617
3313.64 or 3313.65 of the Revised Code.	19618

(3) If the district is required by a shared education	19619
contract, compact, or cooperative education agreement to make	19620
payments to an educational service center, deduct the amounts from	19621
payments to the district and add them to the amounts paid to the	19622
service center pursuant to section 3317.11 of the Revised Code.	19623

(L)(1) If a district, including a joint vocational school	19624
district, is a lead district of a VEPD, credit to that district	19625
the amounts calculated for all the school districts within that	19626
VEPD pursuant to division (E)(2) of section 3317.022 of the	19627
Revised Code.	19628

(2) Deduct from each appropriate district that is not a lead	19629
district, the amount attributable to that district that is	19630
credited to a lead district under division (L)(1) of this section.	19631

Sec. 3317.024.  In addition to the moneys paid to eligible	19632
school districts pursuant to section 3317.022 of the Revised Code,	19633
moneys appropriated for the education programs in divisions (A) to	19634
(H), (J) to (L), (O), (P), and (R) of this section shall be	19635
distributed to school districts meeting the requirements of	19636
section 3317.01 of the Revised Code; in the case of divisions (J)	19637
and (P) of this section, to educational service centers as	19638
provided in section 3317.11 of the Revised Code; in the case of	19639
divisions (E), (M), and (N) of this section, to county MR/DD	19640
boards; in the case of division (R) of this section, to joint	19641
vocational school districts; in the case of division (K) of this	19642
section, to cooperative education school districts; and in the	19643
case of division (Q) of this section, to the institutions defined	19644
under section 3317.082 of the Revised Code providing elementary or	19645
secondary education programs to children other than children	19646
receiving special education under section 3323.091 of the Revised	19647
Code. The following shall be distributed monthly, quarterly, or	19648
annually as may be determined by the state board of education:	19649

(A) A per pupil amount to each school district that	19650
establishes a summer school remediation program that complies with	19651
rules of the state board of education.	19652

(B) An amount for each island school district and each joint	19653
state school district for the operation of each high school and	19654
each elementary school maintained within such district and for	19655
capital improvements for such schools. Such amounts shall be	19656
determined on the basis of standards adopted by the state board of	19657
education.	19658

(C) An amount for each school district operating classes for	19659
children of migrant workers who are unable to be in attendance in	19660
an Ohio school during the entire regular school year. The amounts	19661
shall be determined on the basis of standards adopted by the state	19662
board of education, except that payment shall be made only for	19663
subjects regularly offered by the school district providing the	19664
classes.	19665

(D) An amount for each school district with guidance,	19666
testing, and counseling programs approved by the state board of	19667
education. The amount shall be determined on the basis of	19668
standards adopted by the state board of education.	19669

(E) An amount for the emergency purchase of school buses as	19670
provided for in section 3317.07 of the Revised Code;	19671

(F) An amount for each school district required to pay	19672
tuition for a child in an institution maintained by the department	19673
of youth services pursuant to section 3317.082 of the Revised	19674
Code, provided the child was not included in the calculation of	19675
the district's average daily membership for the preceding school	19676
year.	19677

(G) In fiscal year 2000 only, an amount to each school	19678
district for supplemental salary allowances for each licensed	19679
employee except those licensees serving as superintendents,	19680
assistant superintendents, principals, or assistant principals,	19681
whose term of service in any year is extended beyond the term of	19682
service of regular classroom teachers, as described in section	19683
3301.0725 of the Revised Code;	19684

(H) An amount for adult basic literacy education for each	19685
district participating in programs approved by the state board of	19686
education. The amount shall be determined on the basis of	19687
standards adopted by the state board of education.	19688

(I) Notwithstanding section 3317.01 of the Revised Code, but	19689
only until June 30, 1999, to each city, local, and exempted	19690
village school district, an amount for conducting driver education	19691
courses at high schools for which the state board of education	19692
prescribes minimum standards and to joint vocational and	19693
cooperative education school districts and educational service	19694
centers, an amount for conducting driver education courses to	19695
pupils enrolled in a high school for which the state board	19696
prescribes minimum standards. No payments shall be made under	19697
this division after June 30, 1999.	19698

(J) An amount for the approved cost of transporting	19699
developmentally handicapped pupils whom it is impossible or	19700
impractical to transport by regular school bus in the course of	19701
regular route transportation provided by the district or service	19702
center. No district or service center is eligible to receive a	19703
payment under this division for the cost of transporting any pupil	19704
whom it transports by regular school bus and who is included in	19705
the district's transportation ADM. The state board of education	19706
shall establish standards and guidelines for use by the department	19707
of education in determining the approved cost of such	19708
transportation for each district or service center.	19709

(K) An amount to each school district, including each	19710
cooperative education school district, pursuant to section 3313.81	19711
of the Revised Code to assist in providing free lunches to needy	19712
children and an amount to assist needy school districts in	19713
purchasing necessary equipment for food preparation. The amounts	19714
shall be determined on the basis of rules adopted by the state	19715
board of education.	19716

(L) An amount to each school district, for each pupil	19717
attending a chartered nonpublic elementary or high school within	19718
the district. The amount shall equal the amount appropriated for	19719
the implementation of section 3317.06 of the Revised Code divided	19720
by the average daily membership in grades kindergarten through	19721
twelve in nonpublic elementary and high schools within the state	19722
as determined during the first full week in October of each school	19723
year.	19724

(M) An amount for each county MR/DD board, distributed on	19725
the basis of standards adopted by the state board of education,	19726
for the approved cost of transportation required for children	19727
attending special education programs operated by the county MR/DD	19728
board under section 3323.09 of the Revised Code;	19729

(N) An amount for each county MR/DD board, distributed on	19730
the basis of standards adopted by the state board of education,	19731
for supportive home services for preschool children;	19732

(O) An amount for each school district that establishes a	19733
mentor teacher program that complies with rules of the state board	19734
of education. No school district shall be required to establish	19735
or maintain such a program in any year unless sufficient funds are	19736
appropriated to cover the district's total costs for the program.	19737

(P) An amount to each school district or educational service	19738
center for the total number of gifted units approved pursuant to	19739
section 3317.05 of the Revised Code. The amount for each such	19740
unit shall be the sum of the minimum salary for the teacher of the	19741
unit, calculated on the basis of the teacher's training level and	19742
years of experience pursuant to the salary schedule prescribed in	19743
the version of section 3317.13 of the Revised Code in effect prior	19744
to the effective date of this amendment, plus fifteen per cent of	19745
that minimum salary amount, plus two thousand six hundred	19746
seventy-eight dollars.	19747

(Q) An amount to each institution defined under section	19748
3317.082 of the Revised Code providing elementary or secondary	19749
education to children other than children receiving special	19750
education under section 3323.091 of the Revised Code. This amount	19751
for any institution in any fiscal year shall equal the total of	19752
all tuition amounts required to be paid to the institution under	19753
division (A)(1) of section 3317.082 of the Revised Code.	19754

(R) A grant to each school district and joint vocational	19755
school district that operates a "graduation, reality, and	19756
dual-role skills" (GRADS) program for pregnant and parenting	19757
students that is approved by the department. The amount of the	19758
payment shall be the district's state share percentage, as defined	19759
in section 3317.022 or 3317.16 of the Revised Code, times the	19760
GRADS personnel allowance times the full-time-equivalent number of	19761
GRADS teachers approved by the department. The GRADS personnel	19762
allowance is $45,000 in fiscal year 2000 and $46,260 in fiscal	19763
year 2001 years 2002 and 2003.	19764

The state board of education or any other board of education	19765
or governing board may provide for any resident of a district or	19766
educational service center territory any educational service for	19767
which funds are made available to the board by the United States	19768
under the authority of public law, whether such funds come	19769
directly or indirectly from the United States or any agency or	19770
department thereof or through the state or any agency, department,	19771
or political subdivision thereof.	19772

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

19773

(1) "DPIA percentage" means:

19774

(a) In fiscal years prior to fiscal year 2004, the quotient	19775
obtained by dividing the five-year average number of children ages	19776
five to seventeen residing in the school district and living in a	19777
family receiving family assistance under the Ohio works first	19778
program or an antecedent program known as TANF or ADC, as	19779
certified or adjusted under section 3317.10 of the Revised Code,	19780
by the district's three-year average formula ADM.	19781

(b) Beginning in fiscal year 2004, the five-year average,	19782
unduplicated number of children ages five to seventeen residing in	19783
the school district and living in a family that has family income	19784
not exceeding the federal poverty guidelines and that receives	19785
family assistance, as certified or adjusted under section 3317.10	19786
of the Revised Code, divided by the district's three-year average	19787
formula ADM.	19788

(2) "Family assistance" means assistance received under one	19789
of the following:	19790

(a) The Ohio works first program or, for the purpose of	19791
determining the five-year average number of recipients of family	19792
assistance in fiscal years 1999 through 2002, assistance received	19793
under an antecedent program known as TANF or ADC;	19794

(b) The food stamp program;

19795

(c) The medical assistance program, including the healthy	19796
start program, established under Chapter 5111. of the Revised	19797
Code;	19798

(d) The children's health insurance program part I	19799
established under section 5101.50 of the Revised Code or, prior to	19800
fiscal year 2000, an executive order issued under section 107.17	19801
of the Revised Code;	19802

(e) The disability assistance program established under	19803
Chapter 5115. of the Revised Code.	19804

(3) "Statewide DPIA percentage" means:

19805

(a) In fiscal years prior to fiscal year 2004, the five-year	19806
average of the total number of children ages five to seventeen	19807
years residing in the state and receiving family assistance under	19808
the Ohio works first program or an antecedent program known as	19809
TANF or ADC, divided by the sum of the three-year average formula	19810
ADMs for all school districts in the state.	19811

(b) Beginning in fiscal year 2004, the five-year average of	19812
the total, unduplicated number of children ages five to seventeen	19813
residing in the state and living in a family that has family	19814
income not exceeding the federal poverty guidelines and that	19815
receives family assistance, divided by the sum of the three-year	19816
average formula ADMs for all school districts in the state.	19817

(4) "DPIA index" means the quotient obtained by dividing the	19818
school district's DPIA percentage by the statewide DPIA	19819
percentage.	19820

(5) "Federal poverty guidelines" has the same meaning as in	19821
section 5101.46 of the Revised Code.	19822

(6) "DPIA student count" means:

19823

(a) In fiscal years prior to fiscal year 2004, the	19824
five-year average number of children ages five to seventeen	19825
residing in the school district and living in a family receiving	19826
assistance under the Ohio works first program or an antecedent	19827
program known as TANF or ADC, as certified under section 3317.10	19828
of the Revised Code;	19829

(b) Beginning in fiscal year 2004, the five-year average,	19830
unduplicated number of children ages five to seventeen residing in	19831
the school district and living in a family that has family income	19832
not exceeding the federal poverty guidelines and that receives	19833
family assistance, as certified or adjusted under section 3317.10	19834
of the Revised Code.	19835

(7) "Kindergarten ADM" means the number of students reported	19836
under section 3317.03 of the Revised Code as enrolled in	19837
kindergarten.	19838

(6)(8) "Kindergarten through third grade ADM" means the	19839
amount calculated as follows:	19840

(a) Multiply the kindergarten ADM by the sum of one plus the	19841
all-day kindergarten percentage;	19842

(b) Add the number of students in grades one through three;

19843

(c) Subtract from the sum calculated under division	19844
(A)(6)(b) of this section the number of special education students	19845
in grades kindergarten through three.	19846

(7)(9) "Statewide average teacher salary" means forty	19847
forty-two thousand one four hundred eighty-seven sixty-nine	19848
dollars in fiscal year 2000 2002, and forty-one forty-three	19849
thousand three six hundred twelve fifty-eight dollars in fiscal	19850
year 2001 2003, which includes an amount for the value of fringe	19851
benefits.	19852

(8)(10) "All-day kindergarten" means a kindergarten class	19853
that is in session five days per week for not less than the same	19854
number of clock hours each day as for pupils in grades one through	19855
six.	19856

(9)(11) "All-day kindergarten percentage" means the	19857
percentage of a district's actual total number of students	19858
enrolled in kindergarten who are enrolled in all-day kindergarten.	19859

(10)(12) "Buildings with the highest concentration of need"	19860
means:	19861

(a) In fiscal years prior to fiscal year 2004, the school	19862
buildings in a district with percentages of students receiving	19863
family assistance in grades kindergarten through three receiving	19864
assistance under Ohio works first at least as high as the	19865
district-wide percentage of students receiving family such	19866
assistance. If, however	19867

(b) Beginning in fiscal year 2004, the school buildings in a	19868
district with percentages of students in grades kindergarten	19869
through three receiving family assistance at least as high as the	19870
district-wide percentage of students receiving family assistance.	19871

(c) If, in any fiscal year, the information provided by the	19872
department of job and family services under section 3317.10 of the	19873
Revised Code is insufficient to determine the Ohio works first or	19874
family assistance percentage in each building, "buildings with the	19875
highest concentration of need" has the meaning given in rules that	19876
the department of education shall adopt. The rules shall base the	19877
definition of "buildings with the highest concentration of need"	19878
on family income of students in grades kindergarten through three	19879
in a manner that, to the extent possible with available data,	19880
approximates the intent of this division and division (G) of this	19881
section to designate buildings where the Ohio works first or	19882
family assistance percentage in those grades equals or exceeds the	19883
district-wide Ohio works first or family assistance percentage.	19884

(B) In addition to the amounts required to be paid to a	19885
school district under section 3317.022 of the Revised Code, a	19886
school district shall receive the greater of the amount the	19887
district received in fiscal year 1998 pursuant to division (B) of	19888
section 3317.023 of the Revised Code as it existed at that time or	19889
the sum of the computations made under divisions (C) to (E) of	19890
this section.	19891

(C) A supplemental payment that may be utilized for measures	19892
related to safety and security and for remediation or similar	19893
programs, calculated as follows:	19894

(1) If the DPIA index of the school district is greater than	19895
or equal to thirty-five-hundredths, but less than one, an amount	19896
obtained by multiplying the five-year average number of pupils in	19897
a district receiving family assistance district's DPIA student	19898
count by two hundred thirty dollars;	19899

(2) If the DPIA index of the school district is greater than	19900
or equal to one, an amount obtained by multiplying the DPIA index	19901
by two hundred thirty dollars and multiplying that product by the	19902
five-year average number of pupils in a district receiving family	19903
assistance district's DPIA student count.	19904

Except as otherwise provided in division (F) of this section,	19905
beginning with the school year that starts July 1, 2002, each	19906
school district annually shall use at least twenty per cent of the	19907
funds calculated for the district under this division for	19908
intervention services required by section 3313.608 of the Revised	19909
Code.	19910

(D) A payment for all-day kindergarten if the DPIA index of	19911
the school district is greater than or equal to one or if the	19912
district's three-year average formula ADM exceeded seventeen	19913
thousand five hundred, calculated by multiplying the all-day	19914
kindergarten percentage by the kindergarten ADM and multiplying	19915
that product by the formula amount.	19916

(E) A class-size reduction payment based on calculating the	19917
number of new teachers necessary to achieve a lower	19918
student-teacher ratio, as follows:	19919

(1) Determine or calculate a formula number of teachers per	19920
one thousand students based on the DPIA index of the school	19921
district as follows:	19922

(a) If the DPIA index of the school district is less than	19923
six-tenths, the formula number of teachers is 43.478, which is the	19924
number of teachers per one thousand students at a student-teacher	19925
ratio of twenty-three to one;	19926

(b) If the DPIA index of the school district is greater than	19927
or equal to six-tenths, but less than two and one-half, the	19928
formula number of teachers is calculated as follows:	19929

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

19930

Where 43.478 is the number of teachers per one thousand	19931
students at a student-teacher ratio of twenty-three to one; 1.9 is	19932
the interval from a DPIA index of six-tenths to a DPIA index of	19933
two and one-half; and 23.188 is the difference in the number of	19934
teachers per one thousand students at a student-teacher ratio of	19935
fifteen to one and the number of teachers per one thousand	19936
students at a student-teacher ratio of twenty-three to one.	19937

(c) If the DPIA index of the school district is greater than	19938
or equal to two and one-half, the formula number of teachers is	19939
66.667, which is the number of teachers per one thousand students	19940
at a student-teacher ratio of fifteen to one.	19941

(2) Multiply the formula number of teachers determined or	19942
calculated in division (E)(1) of this section by the kindergarten	19943
through third grade ADM for the district and divide that product	19944
by one thousand;	19945

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

19946

(a) Multiply the kindergarten through third grade ADM by	19947
43.478, which is the number of teachers per one thousand students	19948
at a student-teacher ratio of twenty-three to one, and divide that	19949
product by one thousand;	19950

(b) Subtract the quotient obtained in division (E)(3)(a) of	19951
this section from the product in division (E)(2) of this section.	19952

(4) Multiply the greater of the difference obtained under	19953
division (E)(3) of this section or zero by the statewide average	19954
teachers salary.	19955

(F) This division applies only to school districts whose	19956
DPIA index is one or greater.	19957

(1) Each school district subject to this division shall	19958
first utilize funds received under this section so that, when	19959
combined with other funds of the district, sufficient funds exist	19960
to provide all-day kindergarten to at least the number of children	19961
in the district's all-day kindergarten percentage.	19962

(2) Up to an amount equal to the district's DPIA index	19963
multiplied by the five-year average number of pupils in a district	19964
receiving family assistance its DPIA student count multiplied by	19965
two hundred thirty dollars of the money distributed under this	19966
section may be utilized for one or both of the following:	19967

(a) Programs designed to ensure that schools are free of	19968
drugs and violence and have a disciplined environment conducive to	19969
learning;	19970

(b) Remediation for students who have failed or are in	19971
danger of failing any of the proficiency tests administered	19972
pursuant to section 3301.0710 of the Revised Code.	19973

Beginning with the school year that starts on July 1, 2002,	19974
each school district shall use at least twenty per cent of the	19975
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	19976
this section to provide intervention services required by section	19977
3313.608 of the Revised Code.	19978

(3) Except as otherwise required by division (G) or	19979
permitted under division (K) of this section, all other funds	19980
distributed under this section to districts subject to this	19981
division shall be utilized for the purpose of the third grade	19982
guarantee. The third grade guarantee consists of increasing the	19983
amount of instructional attention received per pupil in	19984
kindergarten through third grade, either by reducing the ratio of	19985
students to instructional personnel or by increasing the amount of	19986
instruction and curriculum-related activities by extending the	19987
length of the school day or the school year.	19988

School districts may implement a reduction of the ratio of	19989
students to instructional personnel through any or all of the	19990
following methods:	19991

(a) Reducing the number of students in a classroom taught by	19992
a single teacher;	19993

(b) Employing full-time educational aides or educational	19994
paraprofessionals issued a permit or license under section	19995
3319.088 of the Revised Code;	19996

(c) Instituting a team-teaching method that will result in a	19997
lower student-teacher ratio in a classroom.	19998

Districts may extend the school day either by increasing the	19999
amount of time allocated for each class, increasing the number of	20000
classes provided per day, offering optional academic-related	20001
after-school programs, providing curriculum-related extra	20002
curricular activities, or establishing tutoring or remedial	20003
services for students who have demonstrated an educational need.	20004
In accordance with section 3319.089 of the Revised Code, a	20005
district extending the school day pursuant to this division may	20006
utilize a participant of the work experience program who has a	20007
child enrolled in a public school in that district and who is	20008
fulfilling the work requirements of that program by volunteering	20009
or working in that public school. If the work experience program	20010
participant is compensated, the school district may use the funds	20011
distributed under this section for all or part of the	20012
compensation.	20013

Districts may extend the school year either through adding	20014
regular days of instruction to the school calendar or by providing	20015
summer programs.	20016

(G) Each district subject to division (F) of this section	20017
shall not expend any funds received under division (E) of this	20018
section in any school buildings that are not buildings with the	20019
highest concentration of need, unless there is a ratio of	20020
instructional personnel to students of no more than fifteen to one	20021
in each kindergarten and first grade class in all buildings with	20022
the highest concentration of need. This division does not require	20023
that the funds used in buildings with the highest concentration of	20024
need be spent solely to reduce the ratio of instructional	20025
personnel to students in kindergarten and first grade. A school	20026
district may spend the funds in those buildings in any manner	20027
permitted by division (F)(3) of this section, but may not spend	20028
the money in other buildings unless the fifteen-to-one ratio	20029
required by this division is attained.	20030

(H)(1) By the first day of August of each fiscal year, each	20031
school district wishing to receive any funds under division (D) of	20032
this section shall submit to the department of education an	20033
estimate of its all-day kindergarten percentage. Each district	20034
shall update its estimate throughout the fiscal year in the form	20035
and manner required by the department, and the department shall	20036
adjust payments under this section to reflect the updates.	20037

(2) Annually by the end of December, the department of	20038
education, utilizing data from the information system established	20039
under section 3301.0714 of the Revised Code and after consultation	20040
with the legislative office of education oversight, shall	20041
determine for each school district subject to division (F) of this	20042
section whether in the preceding fiscal year the district's ratio	20043
of instructional personnel to students and its number of	20044
kindergarten students receiving all-day kindergarten appear	20045
reasonable, given the amounts of money the district received for	20046
that fiscal year pursuant to divisions (D) and (E) of this	20047
section. If the department is unable to verify from the data	20048
available that students are receiving reasonable amounts of	20049
instructional attention and all-day kindergarten, given the funds	20050
the district has received under this section and that class-size	20051
reduction funds are being used in school buildings with the	20052
highest concentration of need as required by division (G) of this	20053
section, the department shall conduct a more intensive	20054
investigation to ensure that funds have been expended as required	20055
by this section. The department shall file an annual report of	20056
its findings under this division with the chairpersons of the	20057
committees in each house of the general assembly dealing with	20058
finance and education.	20059

(I) Any school district with a DPIA index less than one and	20060
a three-year average formula ADM exceeding seventeen thousand five	20061
hundred shall first utilize funds received under this section so	20062
that, when combined with other funds of the district, sufficient	20063
funds exist to provide all-day kindergarten to at least the number	20064
of children in the district's all-day kindergarten percentage.	20065
Such a district shall expend at least seventy per cent of the	20066
remaining funds received under this section, and any other	20067
district with a DPIA index less than one shall expend at least	20068
seventy per cent of all funds received under this section, for any	20069
of the following purposes:	20070

(1) The purchase of technology for instructional purposes;

20071

(2) All-day kindergarten;

20072

(3) Reduction of class sizes;

20073

(4) Summer school remediation;

20074

(5) Dropout prevention programs;

20075

(6) Guaranteeing that all third graders are ready to	20076
progress to more advanced work;	20077

(7) Summer education and work programs;

20078

(8) Adolescent pregnancy programs;

20079

(9) Head start or preschool programs;

20080

(10) Reading improvement programs described by the	20081
department of education;	20082

(11) Programs designed to ensure that schools are free of	20083
drugs and violence and have a disciplined environment conducive to	20084
learning;	20085

(12) Furnishing, free of charge, materials used in courses	20086
of instruction, except for the necessary textbooks or electronic	20087
textbooks required to be furnished without charge pursuant to	20088
section 3329.06 of the Revised Code, to pupils living in families	20089
participating in Ohio works first in accordance with section	20090
3313.642 of the Revised Code;	20091

(13) School breakfasts provided pursuant to section 3313.813	20092
of the Revised Code.	20093

Each district shall submit to the department, in such format	20094
and at such time as the department shall specify, a report on the	20095
programs for which it expended funds under this division.	20096

(J) If at any time the superintendent of public instruction	20097
determines that a school district receiving funds under division	20098
(D) of this section has enrolled less than the all-day	20099
kindergarten percentage reported for that fiscal year, the	20100
superintendent shall withhold from the funds otherwise due the	20101
district under this section a proportional amount as determined by	20102
the difference in the certified all-day kindergarten percentage	20103
and the percentage actually enrolled in all-day kindergarten.	20104

The superintendent shall also withhold an appropriate amount	20105
of funds otherwise due a district for any other misuse of funds	20106
not in accordance with this section.	20107

(K)(1) A district may use a portion of the funds calculated	20108
for it under division (D) of this section to modify or purchase	20109
classroom space to provide all-day kindergarten, if both of the	20110
following conditions are met:	20111

(a) The district certifies to the department, in a manner	20112
acceptable to the department, that it has a shortage of space for	20113
providing all-day kindergarten.	20114

(b) The district provides all-day kindergarten to the number	20115
of children in the all-day kindergarten percentage it certified	20116
under this section.	20117

(2) A district may use a portion of the funds described in	20118
division (F)(3) of this section to modify or purchase classroom	20119
space to enable it to further reduce class size in grades	20120
kindergarten through two with a goal of attaining class sizes of	20121
fifteen students per licensed teacher. To do so, the district	20122
must certify its need for additional space to the department, in a	20123
manner satisfactory to the department.	20124

Sec. 3317.0210.  (A) As used in this section:

20125

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	20126
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	20127

(2) "Chapter 11 corporation" means a corporation, company, or	20128
other business organization that has filed a petition for	20129
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	20130
Stat. 2626, 11 U.S.C. 1101, as amended.	20131

(3) "Real property" includes public utility real property and	20132
"personal property" includes public utility personal property.	20133

(4) "Uncollectable taxes" means property taxes owed by a	20134
Chapter 11 corporation on its property for a tax year that a	20135
school district is precluded from collecting by virtue of	20136
proceedings under the Bankruptcy Reform Act.	20137

(5) "Basic state aid" means the state aid calculated for a	20138
school district under section 3317.022 of the Revised Code.	20139

(6) "Effective value" means the sum of the	20140
residential/agricultural real property value, the effective	20141
nonresidential/agricultural real property value, and the effective	20142
personal value.	20143

(7) "Effective nonresidential/agricultural real property	20144
value" means, for a tax year, the amount obtained by multiplying	20145
the value for that year of nonresidential/agricultural real	20146
property subject to taxation in the district by a fraction, the	20147
numerator of which is the total taxes charged and payable for that	20148
year against the nonresidential/agricultural real property subject	20149
to taxation in the district, exclusive of the uncollectable taxes	20150
for that year on all real property subject to taxation in the	20151
district, and the denominator of which is the total taxes charged	20152
and payable for that year against the nonresidential/agricultural	20153
real property subject to taxation in the district.	20154

(8) "Effective personal value" means, for a tax year, the	20155
amount obtained by multiplying the value for that year certified	20156
under division (A)(2) of section 3317.021 of the Revised Code by a	20157
fraction, the numerator of which is the total taxes charged and	20158
payable for that year against personal property subject to	20159
taxation in the district, exclusive of the uncollectable taxes for	20160
that year on that property, and the denominator of which is the	20161
total taxes charged and payable for that year against personal	20162
property subject to taxation in the district.	20163

(9) "Nonresidential/agricultural real property value" means,	20164
for a tax year, the sum of the values certified for a school	20165
district for that year under division (B)(2)(a) of this section,	20166
and "residential/agricultural real property value" means, for a	20167
tax year, the sum of the values certified for a school district	20168
under division (B)(2)(b) of this section.	20169

(10) "Taxes charged and payable against real property" means	20170
the taxes charged and payable against that property after making	20171
the reduction required by section 319.301 of the Revised Code.	20172

(11) "Total taxes charged and payable" has the same meaning	20173
given "taxes charged and payable" in section 3317.02 of the	20174
Revised Code.	20175

(B)(1) By Between the first day of August January and the	20176
first day of February of any calendar year, a school district	20177
shall notify the department of education if it has uncollectable	20178
taxes from one Chapter 11 corporation for the second preceding tax	20179
year whose total taxes charged and payable represent at least	20180
one-half of one per cent of the district's total taxes charged and	20181
payable for that tax year.	20182

(2) The department shall verify whether the district has	20183
such uncollectable taxes from such a corporation by the first day	20184
of September, and if the district does, shall immediately request	20185
the county auditor of each county in which the school district has	20186
territory tax commissioner to certify the following information	20187
concerning the district's property values and taxes for the second	20188
preceding tax year, and each such auditor the tax commissioner	20189
shall certify that information to the department within thirty	20190
days of after receiving the request:	20191

(a) The value of the property subject to taxation in the	20192
district that was classified as nonresidential/agricultural real	20193
property pursuant to section 5713.041 of the Revised Code, and the	20194
taxes charged and payable on that property; and	20195

(b) The value of the property subject to taxation in the	20196
district that was classified as residential/agricultural real	20197
property under section 5713.041 of the Revised Code.	20198

(C) By the fifteenth day of November Upon receiving the	20199
certification from the tax commissioner, the department shall	20200
compute the district's effective nonresidential/agricultural real	20201
property value, residential/agricultural real property value,	20202
effective personal value, and effective value, and shall determine	20203
whether the school district's effective value for the second	20204
preceding tax year is at least one per cent less than its total	20205
taxable value for that the second preceding tax year as certified	20206
under divisions (A)(1) and (2) of section 3317.021 of the Revised	20207
Code. If it is, the department shall recompute the basic state	20208
aid payable to the district for the immediately preceding current	20209
fiscal year using the effective value in lieu of the amounts	20210
previously certified under section 3317.021 of the Revised Code	20211
total taxable value used to compute the basic state aid for the	20212
current fiscal year. The difference between the original basic	20213
state aid amount originally computed for the district for the	20214
preceding current fiscal year and the recomputed amount shall be	20215
paid to the district from the lottery profits education fund	20216
before the end of the current fiscal year.	20217

(D) Not later than August 1, 2001, a school district shall	20218
notify the department of education if it has uncollectable taxes	20219
from one Chapter 11 corporation for tax year 1999 or, separately,	20220
tax year 2000, whose total taxes charged and payable for the tax	20221
year represent at least one-half of one per cent of the district's	20222
total taxes charged and payable for that tax year. The department	20223
shall verify whether the district has such uncollectable taxes	20224
from such a corporation and, if it does, shall immediately request	20225
the tax commissioner to certify the information enumerated in	20226
divisions (B)(2)(a) and (b) of this section for the tax year. The	20227
tax commissioner shall certify that information to the department	20228
within thirty days after receiving the request.	20229

Upon receiving the certification from the tax commissioner,	20230
the department shall compute the district's effective value for	20231
the tax year for which the certification was made and shall	20232
determine whether the effective value for the tax year is at least	20233
one per cent less than its total taxable value for that tax year.	20234
If it is, the department shall recompute the basic state aid	20235
payable to the district as follows:	20236

(1) For such uncollectable taxes for tax year 1999,	20237
recompute the basic state aid for fiscal year 2001 using the	20238
effective value for tax year 1999 in lieu of the total taxable	20239
value for that tax year as certified under divisions (A)(1) and	20240
(2) of section 3317.021 of the Revised Code;	20241

(2) For such uncollectable taxes for tax year 2000,	20242
recompute the basic state aid for fiscal year 2002 using the	20243
effective value for tax year 2000 in lieu of the total taxable	20244
value for that tax year certified under those divisions.	20245

The difference between the basic state aid amount originally	20246
computed for the district for fiscal year 2001 or fiscal year 2002	20247
and the amount recomputed for that year under division (C)(1) or	20248
(2) of this section shall be paid to the district from the lottery	20249
profits education fund before the end of fiscal year 2002.	20250

(E) Amounts received by a school district under division	20251
(C) and (D) of this section shall be repaid to the department of	20252
education in any future year to the extent the district receives	20253
payments of uncollectable taxes in such future year. The	20254
department shall notify a district of any amount owed under this	20255
division.	20256

Sec. 3317.0212.  Divisions (B) and (C) of this section do not	20257
apply to a school district with a formula ADM of one hundred fifty	20258
or less.	20259

(A) As used in this section:

20260

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	20261
state aid" for a district means the total amount of state money	20262
received by the district for the applicable fiscal year as	20263
reported on the department of education's form "SF-12," adjusted	20264
as follows:	20265

(a) Minus the amount for transportation;

20266

(b) Minus any amounts for approved preschool handicapped	20267
units;	20268

(c) Minus any additional amount attributable to the	20269
reappraisal guarantee of division (C) of section 3317.04 of the	20270
Revised Code;	20271

(d) Plus the amount deducted for payments to an educational	20272
service center;	20273

(e) Plus an estimated portion of the state money distributed	20274
in the applicable fiscal year to other school districts or	20275
educational service centers for approved units, other than	20276
preschool handicapped or gifted education units, attributable to	20277
the costs of providing services in those units to students	20278
entitled to attend school in the district;	20279

(f) Minus an estimated portion of the state money	20280
distributed to the school district in the applicable fiscal year	20281
for approved units, other than preschool handicapped units or	20282
gifted education units, attributable to the costs of providing	20283
services in those units to students entitled to attend school in	20284
another school district;	20285

(g) Plus any additional amount paid in the applicable fiscal	20286
year pursuant to the vocational education recomputation required	20287
by Section 45.12 of Amended Substitute House Bill No. 117 of the	20288
121st general assembly or former Section 50.22 of Amended	20289
Substitute House Bill No. 215 of the 122nd general assembly;	20290

(h) Plus any additional amount paid in the applicable fiscal	20291
year pursuant to the special education recomputation required by	20292
former division (I) of section 3317.023 of the Revised Code;	20293

(i) Plus any amount paid for equity aid in the applicable	20294
fiscal year under section 3317.0213 of the Revised Code;	20295

(j) Plus any amount received for the applicable fiscal year	20296
pursuant to section 3317.027 of the Revised Code;	20297

(k) Plus any amount received for the applicable fiscal year	20298
resulting from a recomputation made under division (B) of section	20299
3317.022 of the Revised Code, as that section existed in the	20300
applicable fiscal year.	20301

(2) "State basic aid" for a district for any fiscal year	20302
after fiscal year 1999 means the sum of the following:	20303

(a) The amount computed for the district for base cost	20304
funding, special education funding, and vocational education	20305
funding under divisions (A), (C)(1) and (5), and (E) of section	20306
3317.022 and sections 3317.025 and 3317.027 of the Revised Code	20307
and DPIA aid under section 3317.029 of the Revised Code in the	20308
current fiscal year before any deduction or credit required by	20309
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of	20310
section 3317.023 or division (J) of section 3317.029 of the	20311
Revised Code;	20312

(b) Any amounts for which the district is eligible pursuant	20313
to division (C) of section 3317.023, divisions (G), (P), and (R)	20314
of section 3317.024, and the supplemental unit allowance paid for	20315
gifted units under division (B) of section 3317.162 3317.053 of	20316
the Revised Code;	20317

(c) Any equity aid for which the district is eligible under	20318
section 3317.0213 of the Revised Code.	20319

(3) "Adjusted FY 1999 actual aid" has the same meaning as in	20320
Section 18 of Am. Sub. H.B. 650 of the 122nd general assembly, as	20321
amended.	20322

(4) "Vocational education set-aside" means the up to	20323
$24,193,118 earmarked for additional school district vocational	20324
education grants under appropriation item 200-545, vocational	20325
education enhancements, in Am. Sub. H.B. 770 of the 122nd general	20326
assembly.	20327

(B) Upon request of the department of education, the	20328
treasurer of any school district or educational service center	20329
shall furnish data needed to calculate the amounts specified in	20330
divisions (A)(1)(e) and (f) of this section. The department shall	20331
compute and pay the state basic aid guarantee for each school	20332
district for the fiscal year as follows:	20333

(1) Subtract the amount of state basic aid from the amount	20334
of fundamental FY 1998 state aid. If a negative number, this	20335
computation shall be deemed to be zero.	20336

(2) Pay the district any positive amount calculated under	20337
division (B)(1) of this section.	20338

(C) In fiscal year 2000, the department shall calculate for	20339
each district the sum of the district's state basic aid for that	20340
fiscal year, plus any amount calculated under division (B)(1) of	20341
this section, plus the transportation portion of state aid	20342
computed for the district for that fiscal year under division (D)	20343
of the version of section 3317.022 of the Revised Code in effect	20344
that fiscal year. If a district's adjusted FY 1999 actual aid is	20345
greater than that sum, then the department shall pay the district	20346
in that fiscal year one hundred per cent of the difference 2002,	20347
if a school district's composite state funding for that fiscal	20348
year is less than its composite state funding for fiscal year	20349
2001, the department shall pay the district the difference as	20350
transitional aid. For purposes of this division:	20351

(1) A district's composite state funding for fiscal year	20352
2001 equals its state basic aid for that year plus the amounts	20353
calculated for the district that year under this section, division	20354
(D) of section 3317.022, sections 3317.0215 and 3317.0216, and	20355
division (C) of section 3317.04 of the Revised Code, after any	20356
adjustment made pursuant to Section 18 of Am. Sub. H.B. 650 of the	20357
122nd General Assembly, as subsequently amended.	20358

(2) A district's composite state funding for fiscal year	20359
2002 equals its state basic aid for that year plus the amounts	20360
calculated for the district that year under this section, division	20361
(D) of section 3317.022, sections 3317.0216 and 3317.0217, and	20362
division (C) of section 3317.04 of the Revised Code.	20363

(D)(1) The state basic aid guarantee in any fiscal year for	20364
a school district with a formula ADM of one hundred fifty or less	20365
shall be the greatest of the following amounts:	20366

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

20367

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

20368

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

20369

(2) If in any fiscal year the state basic aid for a school	20370
district with a formula ADM of one hundred fifty or less is less	20371
than the guarantee amount determined for the district under	20372
division (D)(1) of this section, the department of education shall	20373
pay the district the amount of the difference.	20374

Sec. 3317.0213.  No money shall be distributed under this	20375
section after fiscal year 2002 2005.	20376

(A) As used in this section:

20377

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

20378

(a) In fiscal year 1999, the FY 1998 ADM;

20379

(b) In fiscal years 2000 through 2002 2005, the formula ADM	20380
reported for the previous fiscal year.	20381

(2) "Average taxable value" means the average of the amounts	20382
certified for a district in the second, third, and fourth	20383
preceding fiscal years under divisions (A)(1) and (2) of section	20384
3317.021 of the Revised Code.	20385

(3) "Valuation per pupil" for a district means:

20386

(a) In fiscal year 1999, the district's average taxable	20387
value, divided by the district's FY 1998 ADM;	20388

(b) In a fiscal year that occurs after fiscal year 1999, the	20389
district's average taxable value, divided by the district's	20390
formula ADM for the preceding fiscal year.	20391

(4) "Threshold valuation" means:

20392

(a) In fiscal year 1999, the adjusted valuation per pupil of	20393
the school district with the two hundred twenty-ninth lowest	20394
adjusted valuation per pupil in the state, according to data	20395
available at the time of the computation under division (B) of	20396
this section;	20397

(b) In fiscal year 2000, the adjusted valuation per pupil of	20398
the district with the one hundred ninety-sixth lowest such	20399
valuation in the state;	20400

(c) In fiscal year 2001, the adjusted valuation per pupil of	20401
the district with the one hundred sixty-third lowest such	20402
valuation in the state;	20403

(d) In fiscal year years 2002 through 2005, the adjusted	20404
valuation per pupil of the district with the	20405
one-hundred-eighteenth lowest such valuation in the state.	20406

(5) "Adjusted valuation per pupil" for a district means an	20407
amount calculated in accordance with the following formula:	20408

The district's valuation per pupil -	20409

($30,000 X (one minus the

20410

district's income factor))

20411

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	20412
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	20413
year years 2002 through 2005.	20414

(7) "Payment percentage" equals 100% prior to fiscal year	20415
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in	20416
fiscal year 2005, and zero after fiscal year 2005.	20417

(B) Beginning in fiscal year 1993, during August of each	20418
fiscal year, the department of education shall distribute to each	20419
school district meeting the requirements of section 3317.01 of the	20420
Revised Code whose adjusted valuation per pupil is less than the	20421
threshold valuation, an amount calculated in accordance with the	20422
following formula:	20423

(The threshold valuation -	20424

the district's adjusted valuation per pupil) X

20425

millage rate X ADM X the payment percentage

20426

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

20427

(1) "Total taxes charged and payable for current expenses"	20428
means the sum of the taxes charged and payable as certified under	20429
division (A)(3)(a) of section 3317.021 of the Revised Code less	20430
any amounts reported under division (A)(3)(b) of that section, and	20431
the tax distribution for the preceding year under any school	20432
district income tax levied by the district pursuant to Chapter	20433
5748. of the Revised Code to the extent the revenue from the	20434
income tax is allocated or apportioned to current expenses.	20435

(2) "State equalization enhancement payments" means any	20436
payment made to a school district pursuant to section 3317.0215 of	20437
the Revised Code for the preceding fiscal year.	20438

(3) "Charge-off amount" means the product obtained by	20439
multiplying two and three-tenths per cent by adjusted total	20440
taxable value recognized valuation.	20441

(4) "Total receipts available for current expenses" of a	20442
school district means the sum of total taxes charged and payable	20443
for current expenses and the district's state equalization	20444
enhancement payments.	20445

(5) "Local share of special education and related services	20446
additional weighted costs" has the same meaning as in division	20447
(C)(3) of section 3317.022 of the Revised Code.	20448

(6) "Local share of vocational education and associated	20449
services additional weighted costs" for each school district means	20450
the amount determined as follows:	20451

(1 - state share percentage as defined in section

20452

3317.022 of the Revised Code) X [(total vocational

20453

education weight as defined in that section X

20454

the formula amount) + the district's payment under division (E)(2)	20455
of section 3317.022 of the Revised Code]	20456

(3) Until fiscal year 2003, the "actual local share of	20457
special education, transportation, and vocational education	20458
funding" for any school district means the sum of the district's	20459
attributed local shares described in divisions (F)(1) to (3) of	20460
section 3317.022 of the Revised Code. Beginning in fiscal year	20461
2003, the "actual local share of special education,	20462
transportation, and vocational education funding" means that sum	20463
minus the amount of any excess cost supplement payment calculated	20464
for the district under division (F) of section 3317.022 of the	20465
Revised Code.	20466

(B) Upon receiving the certifications under section 3317.021	20467
of the Revised Code, the department of education shall determine	20468
for each city, local, and exempted village school district whether	20469
the district's charge-off amount is greater than the district's	20470
total receipts available taxes charged and payable for current	20471
expenses, and if it is, shall pay the district the amount of the	20472
difference. A payment shall not be made to any school district	20473
for which the computation under division (A) of section 3317.022	20474
of the Revised Code equals zero.	20475

(C)(1) If a district's charge-off amount is equal to or	20476
greater than its total receipts available taxes charged and	20477
payable for current expenses, the department shall, in addition to	20478
the payment required under division (B) of this section, pay the	20479
district the amount of the its actual local share of special	20480
education and related services additional weighted costs,	20481
transportation, and the amount of the local share of vocational	20482
education and associated services additional weighted costs	20483
funding.	20484

(2) If a district's charge-off amount is less than its total	20485
receipts available taxes charged and payable for current expenses,	20486
the department shall pay the district any amount by which the sum	20487
of its actual local share of special education and related	20488
services additional weighted costs plus its local share of,	20489
transportation, and vocational education and associated services	20490
additional weighted costs funding exceeds its total receipts	20491
available taxes charged and payable for current expenses minus its	20492
charge-off amount.	20493

Sec. 3317.0217. The department of education shall annually	20494
compute and pay state parity aid to school districts, as follows:	20495

(A) Calculate the local wealth per pupil of each school	20496
district, which equals the following sum:	20497

(1) Two-thirds times the quotient of (a) the district's	20498
recognized valuation divided by (b) its formula ADM; plus	20499

(2) One-third times the quotient of (a) the average of the	20500
total federal adjusted gross income of the school district's	20501
residents for the three years most recently reported under section	20502
3317.021 of the Revised Code divided by (b) its formula ADM.	20503

(B) Rank all school districts in order of local wealth per	20504
pupil, from the district with the lowest local wealth per pupil to	20505
the district with the highest local wealth per pupil.	20506

(C) Compute the per pupil state parity aid funding for each	20507
school district in accordance with the following formula:	20508

Payment percentage X (threshold local wealth

20509

per pupil - the district's local

20510

wealth per pupil) X 0.0095

20511

Where:

20512

(1) "Payment percentage," for purposes of division (C) of	20513
this section, equals 20% in fiscal year 2002, 40% in fiscal year	20514
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	20515
after fiscal year 2005.	20516

(2) Nine and one-half mills (0.0095) is the general	20517
assembly's determination of the average number of effective	20518
operating mills that districts in the seventieth to ninetieth	20519
percentiles of valuations per pupil collected in fiscal year 2001	20520
above the revenues required to finance their attributed local	20521
shares of the calculated cost of an adequate education. This was	20522
determined by (a) adding the district revenues from operating	20523
property tax levies and income tax levies, (b) subtracting from	20524
that total the sum of (i) twenty-three mills times adjusted	20525
recognized valuation plus (ii) the attributed local shares of	20526
special education, transportation, and vocational education	20527
funding as described in divisions (F)(1) to (3) of section	20528
3317.022 of the Revised Code, and (c) converting the result to an	20529
effective operating property tax rate.	20530

(3) The "threshold local wealth per pupil" is the local	20531
wealth per pupil of the school district with the	20532
four-hundred-ninetieth lowest local wealth per pupil.	20533

If the result of the calculation for a school district under	20534
division (C) of this section is less than zero, the district's per	20535
pupil parity aid shall be zero.	20536

(D) Compute the per pupil alternative parity aid for each	20537
school district that has a combination of an income factor of 1.0	20538
or less, a DPIA index of 1.0 or greater, and a	20539
cost-of-doing-business factor of 1.0375 or greater, in accordance	20540
with the following formula:	20541

Payment percentage X $60,000 X	20542

(1 - income factor) X 4/15 X 0.023

20543

Where:

20544

(1) "DPIA index" has the same meaning as in section 3317.029	20545
of the Revised Code.	20546

(2) "Payment percentage," for purposes of division (D) of	20547
this section, equals 50% in fiscal year 2002 and 100% after fiscal	20548
year 2002.	20549

(E) Pay each district that has a combination of an income	20550
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	20551
cost-of-doing-business factor of 1.0375 or greater, the greater of	20552
the following:	20553

(1) The product of the district's per pupil parity aid	20554
calculated under division (C) of this section times its formula	20555
ADM;	20556

(2) The product of its per pupil alternative parity aid	20557
calculated under division (D) of this section times its formula	20558
ADM.	20559

(F) Pay every other district the product of its per pupil	20560
parity aid calculated under division (C) of this section times its	20561
formula ADM.	20562

Every six years, the general assembly shall redetermine,	20563
after considering the report of the committee appointed under	20564
section 3317.012 of the Revised Code, the average number of	20565
effective operating mills that districts in the seventieth to	20566
ninetieth percentiles of valuations per pupil collect above the	20567
revenues required to finance their attributed local shares of the	20568
cost of an adequate education.	20569

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	20570
(C) of this section, any student enrolled in kindergarten more	20571
than half time shall be reported as one-half student under this	20572
section.	20573

(A) The superintendent of each city and exempted village	20574
school district and of each educational service center shall, for	20575
the schools under the superintendent's supervision, certify to the	20576
state board of education on or before the fifteenth day of October	20577
in each year for the first full school week in October the formula	20578
ADM, which shall consist of the average daily membership during	20579
such week of the sum of the following:	20580

(1) On an FTE basis, the number of students in grades	20581
kindergarten through twelve receiving any educational services	20582
from the district, except that the following categories of	20583
students shall not be included in the determination:	20584

(a) Students enrolled in adult education classes;

20585

(b) Adjacent or other district students enrolled in the	20586
district under an open enrollment policy pursuant to section	20587
3313.98 of the Revised Code;	20588

(c) Students receiving services in the district pursuant to	20589
a compact, cooperative education agreement, or a contract, but who	20590
are entitled to attend school in another district pursuant to	20591
section 3313.64 or 3313.65 of the Revised Code;	20592

(d) Students for whom tuition is payable pursuant to	20593
sections 3317.081 and 3323.141 of the Revised Code.	20594

(2) On an FTE basis, the number of students entitled to	20595
attend school in the district pursuant to section 3313.64 or	20596
3313.65 of the Revised Code, but receiving educational services in	20597
grades kindergarten through twelve from one or more of the	20598
following entities:	20599

(a) A community school pursuant to Chapter 3314. of the	20600
Revised Code, including any participation in a college pursuant to	20601
Chapter 3365. of the Revised Code while enrolled in such community	20602
school;	20603

(b) An alternative school pursuant to sections 3313.974 to	20604
3313.979 of the Revised Code as described in division (I)(2)(a) or	20605
(b) of this section;	20606

(c) A college pursuant to Chapter 3365. of the Revised Code,	20607
except when the student is enrolled in the college while also	20608
enrolled in a community school pursuant to Chapter 3314. of the	20609
Revised Code;	20610

(d) An adjacent or other school district under an open	20611
enrollment policy adopted pursuant to section 3313.98 of the	20612
Revised Code;	20613

(e) An educational service center or cooperative education	20614
district;	20615

(f) Another school district under a cooperative education	20616
agreement, compact, or contract.	20617

(3) One-fourth of the number of students enrolled in a joint	20618
vocational school district or under a vocational education	20619
compact, excluding any students entitled to attend school in the	20620
district under section 3313.64 or 3313.65 of the Revised Code who	20621
are enrolled in another school district through an open enrollment	20622
policy as reported under division (A)(2)(d) of this section and	20623
then enroll in a joint vocational school district or under a	20624
vocational education compact;	20625

(4) The number of handicapped children, other than	20626
handicapped preschool children, entitled to attend school in the	20627
district pursuant to section 3313.64 or 3313.65 of the Revised	20628
Code who are placed with a county MR/DD board, minus the number of	20629
such children placed with a county MR/DD board in fiscal year	20630
1998. If this calculation produces a negative number, the number	20631
reported under division (A)(4) of this section shall be zero.	20632

(B) To enable the department of education to obtain the data	20633
needed to complete the calculation of payments pursuant to this	20634
chapter, in addition to the formula ADM, each superintendent shall	20635
report separately the following student counts:	20636

(1) The total average daily membership in regular day	20637
classes included in the report under division (A)(1) or (2) of	20638
this section for kindergarten, and each of grades one through	20639
twelve in schools under the superintendent's supervision;	20640

(2) The number of all handicapped preschool children	20641
enrolled as of the first day of December in classes in the	20642
district that are eligible for approval by the state board of	20643
education under division (B) of section 3317.05 of the Revised	20644
Code and the number of those classes, which shall be reported not	20645
later than the fifteenth day of December, in accordance with rules	20646
adopted under that section;	20647

(3) The number of children entitled to attend school in the	20648
district pursuant to section 3313.64 or 3313.65 of the Revised	20649
Code who are participating in a pilot project scholarship program	20650
established under sections 3313.974 to 3313.979 of the Revised	20651
Code as described in division (I)(2)(a) or (b) of this section,	20652
are enrolled in a college under Chapter 3365. of the Revised Code,	20653
except when the student is enrolled in the college while also	20654
enrolled in a community school pursuant to Chapter 3314. of the	20655
Revised Code, are enrolled in an adjacent or other school district	20656
under section 3313.98 of the Revised Code, are enrolled in a	20657
community school established under Chapter 3314. of the Revised	20658
Code, including any participation in a college pursuant to Chapter	20659
3365. of the Revised Code while enrolled in such community school,	20660
or are participating in a program operated by a county MR/DD board	20661
or a state institution;	20662

(4) The number of pupils enrolled in joint vocational	20663
schools;	20664

(5) The average daily membership of handicapped children	20665
reported under division (A)(1) or (2) of this section receiving	20666
category one special education services, described in division (A)	20667
of section 3317.013 of the Revised Code;	20668

(6) The average daily membership of handicapped children	20669
reported under division (A)(1) or (2) of this section receiving	20670
category two special education services, described in division	20671
(B) of section 3317.013 of the Revised Code;	20672

(7) The average daily membership of handicapped children	20673
reported under division (A)(1) or (2) of this section identified	20674
as having any of the handicaps specified in division (F)(3) of	20675
section 3317.02 of the Revised Code;	20676

(8) The average daily membership of pupils reported under	20677
division (A)(1) or (2) of this section enrolled in category one	20678
vocational education programs or classes, described in division	20679
(A) of section 3317.014 of the Revised Code, operated by the	20680
school district or by another district, other than a joint	20681
vocational school district, or by an educational service center;	20682

(9) The average daily membership of pupils reported under	20683
division (A)(1) or (2) of this section enrolled in category two	20684
vocational education programs or services, described in division	20685
(B) of section 3317.014 of the Revised Code, operated by the	20686
school district or another school district, other than a joint	20687
vocational school district, or by an educational service center;	20688

(10) The average number of children transported by the	20689
school district on board-owned or contractor-owned and -operated	20690
buses, reported in accordance with rules adopted by the department	20691
of education;	20692

(11)(a) The number of children, other than handicapped	20693
preschool children, the district placed with a county MR/DD board	20694
in fiscal year 1998;	20695

(b) The number of handicapped children, other than	20696
handicapped preschool children, placed with a county MR/DD board	20697
in the current fiscal year to receive category one special	20698
education services, described in division (A) of section 3317.013	20699
of the Revised Code;	20700

(c) The number of handicapped children, other than	20701
handicapped preschool children, placed with a county MR/DD board	20702
in the current fiscal year to receive category two special	20703
education services, described in division (B) of section 3317.013	20704
of the Revised Code;	20705

(d) The number of handicapped children, other than	20706
handicapped preschool children, placed with a county MR/DD board	20707
in the current fiscal year to receive category three special	20708
education services, described in division (F)(3) of section	20709
3317.02 of the Revised Code.	20710

(C) Except as otherwise provided in this section for	20711
kindergarten students, the average daily membership in divisions	20712
(B)(1) to (9) of this section shall be based upon the number of	20713
full-time equivalent students. The state board of education shall	20714
adopt rules defining full-time equivalent students and for	20715
determining the average daily membership therefrom for the	20716
purposes of divisions (A), (B), and (D) of this section. No child	20717
shall be counted as more than a total of one child in the sum of	20718
the average daily memberships of a school district under division	20719
(A), divisions (B)(1) to (9), or division (D) of this section,	20720
except as follows:	20721

(1) A child with a handicap described in section 3317.013 or	20722
division (F)(3) of section 3317.02 of the Revised Code may be	20723
counted both in formula ADM and in category one, two, or three	20724
special education ADM and, if applicable, in category one or two	20725
vocational education ADM. As provided in division (C) of section	20726
3317.02 of the Revised Code, such a child shall be counted in	20727
category one, two, or three special education ADM in the same	20728
proportion that the child is counted in formula ADM.	20729

(2) A child enrolled in vocational education programs or	20730
classes described in section 3314.014 of the Revised Code may be	20731
counted both in formula ADM and category one or two vocational	20732
education ADM and, if applicable, in category one, two, or three	20733
special education ADM. Such a child shall be counted in category	20734
one or two vocational education ADM in the same proportion as the	20735
percentage of time that the child spends in the vocational	20736
education programs or classes.	20737

Based on the information reported under this section, the	20738
department of education shall determine the total student count,	20739
as defined in section 3301.011 of the Revised Code, for each	20740
school district.	20741

(D)(1) The superintendent of each joint vocational school	20742
district shall certify to the superintendent of public instruction	20743
on or before the fifteenth day of October in each year for the	20744
first full school week in October the formula ADM, which shall	20745
consist of the average daily membership during such week, on an	20746
FTE basis, of the number of students receiving any educational	20747
services from the district, except that the following categories	20748
of students shall not be included in the determination:	20749

(a) Students enrolled in adult education classes;

20750

(b) Adjacent or other district joint vocational students	20751
enrolled in the district under an open enrollment policy pursuant	20752
to section 3313.98 of the Revised Code;	20753

(c) Students receiving services in the district pursuant to	20754
a compact, cooperative education agreement, or a contract, but who	20755
are entitled to attend school in a city, local, or exempted	20756
village school district whose territory is not part of the	20757
territory of the joint vocational district;	20758

(d) Students for whom tuition is payable pursuant to	20759
sections 3317.081 and 3323.141 of the Revised Code.	20760

(2) To enable the department of education to obtain the data	20761
needed to complete the calculation of payments pursuant to this	20762
chapter, in addition to the formula ADM, each superintendent shall	20763
report separately the average daily membership included in the	20764
report under division (D)(1) of this section for each of the	20765
following categories of students:	20766

(a) Students enrolled in each grade included in the joint	20767
vocational district schools;	20768

(b) Handicapped children receiving category one special	20769
education services, described in division (A) of section 3317.013	20770
of the Revised Code;	20771

(c) Handicapped children receiving category two special	20772
education services, described in division (B) of section 3317.013	20773
of the Revised Code;	20774

(d) Handicapped children identified as having any of the	20775
handicaps specified in division (F)(3) of section 3317.02 of the	20776
Revised Code;	20777

(e) Students receiving category one vocational education	20778
services, described in division (A) of section 3317.014 of the	20779
Revised Code;	20780

(f) Students receiving category two vocational education	20781
services, described in division (B) of section 3317.014 of the	20782
Revised Code.	20783

The superintendent of each joint vocational school district	20784
shall also indicate the city, local, or exempted village school	20785
district in which each joint vocational district pupil is entitled	20786
to attend school pursuant to section 3313.64 or 3313.65 of the	20787
Revised Code.	20788

(E) In each school of each city, local, exempted village,	20789
joint vocational, and cooperative education school district there	20790
shall be maintained a record of school membership, which record	20791
shall accurately show, for each day the school is in session, the	20792
actual membership enrolled in regular day classes. For the	20793
purpose of determining average daily membership, the membership	20794
figure of any school shall not include any pupils except those	20795
pupils described by division (A) of this section. The record of	20796
membership for each school shall be maintained in such manner that	20797
no pupil shall be counted as in membership prior to the actual	20798
date of entry in the school and also in such manner that where for	20799
any cause a pupil permanently withdraws from the school that pupil	20800
shall not be counted as in membership from and after the date of	20801
such withdrawal. There shall not be included in the membership of	20802
any school any of the following:	20803

(1) Any pupil who has graduated from the twelfth grade of a	20804
public high school;	20805

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

20806

(3) Any pupil who was enrolled in the schools of the	20807
district during the previous school year when tests were	20808
administered under section 3301.0711 of the Revised Code but did	20809
not take one or more of the tests required by that section and was	20810
not excused pursuant to division (C)(1) of that section;	20811

(4) Any pupil who has attained the age of twenty-two years,	20812
except for veterans of the armed services whose attendance was	20813
interrupted before completing the recognized twelve-year course of	20814
the public schools by reason of induction or enlistment in the	20815
armed forces and who apply for reenrollment in the public school	20816
system of their residence not later than four years after	20817
termination of war or their honorable discharge.	20818

If, however, any veteran described by division (E)(4)(b) of	20819
this section elects to enroll in special courses organized for	20820
veterans for whom tuition is paid under the provisions of federal	20821
laws, or otherwise, that veteran shall not be included in average	20822
daily membership.	20823

Notwithstanding division (E)(3) of this section, the	20824
membership of any school may include a pupil who did not take a	20825
test required by section 3301.0711 of the Revised Code if the	20826
superintendent of public instruction grants a waiver from the	20827
requirement to take the test to the specific pupil. The	20828
superintendent may grant such a waiver only for good cause in	20829
accordance with rules adopted by the state board of education.	20830

Except as provided in division (B)(2) of this section, the	20831
average daily membership figure of any local, city, exempted	20832
village, or joint vocational school district shall be determined	20833
by dividing the figure representing the sum of the number of	20834
pupils enrolled during each day the school of attendance is	20835
actually open for instruction during the first full school week in	20836
October by the total number of days the school was actually open	20837
for instruction during that week. For purposes of state funding,	20838
"enrolled" persons are only those pupils who are attending school,	20839
those who have attended school during the current school year and	20840
are absent for authorized reasons, and those handicapped children	20841
currently receiving home instruction.	20842

The average daily membership figure of any cooperative	20843
education school district shall be determined in accordance with	20844
rules adopted by the state board of education.	20845

(F)(1) If the formula ADM for the first full school week in	20846
February is at least three per cent greater than that certified	20847
for the first full school week in the preceding October, the	20848
superintendent of schools of any city, exempted village, or joint	20849
vocational school district or educational service center shall	20850
certify such increase to the superintendent of public instruction.	20851
Such certification shall be submitted no later than the fifteenth	20852
day of February. For the balance of the fiscal year, beginning	20853
with the February payments, the superintendent of public	20854
instruction shall use the increased formula ADM in calculating or	20855
recalculating the amounts to be allocated in accordance with	20856
section 3317.022 or 3317.16 of the Revised Code. In no event	20857
shall the superintendent use an increased membership certified to	20858
the superintendent after the fifteenth day of February.	20859

(2) If on the first school day of April the total number of	20860
classes or units for handicapped preschool children that are	20861
eligible for approval under division (B) of section 3317.05 of the	20862
Revised Code exceeds the number of units that have been approved	20863
for the year under that division, the superintendent of schools of	20864
any city, exempted village, or cooperative education school	20865
district or educational service center shall make the	20866
certifications required by this section for that day. If the	20867
state board of education determines additional units can be	20868
approved for the fiscal year within any limitations set forth in	20869
the acts appropriating moneys for the funding of such units, the	20870
board shall approve additional units for the fiscal year on the	20871
basis of such average daily membership. For each unit so	20872
approved, the department of education shall pay an amount computed	20873
in the manner prescribed in section 3317.161 3317.052 or 3317.19	20874
and section 3317.162 3317.053 of the Revised Code.	20875

(G)(1)(a) The superintendent of an institution operating a	20876
special education program pursuant to section 3323.091 of the	20877
Revised Code shall, for the programs under such superintendent's	20878
supervision, certify to the state board of education the average	20879
daily membership of all handicapped children in classes or	20880
programs approved annually by the state board of education, in the	20881
manner prescribed by the superintendent of public instruction.	20882

(b) The superintendent of an institution with vocational	20883
education units approved under division (A) of section 3317.05 of	20884
the Revised Code shall, for the units under the superintendent's	20885
supervision, certify to the state board of education the average	20886
daily membership in those units, in the manner prescribed by the	20887
superintendent of public instruction.	20888

(2) The superintendent of each county MR/DD board that	20889
maintains special education classes under section 3317.20 of the	20890
Revised Code or units approved by the state board of education	20891
pursuant to section 3317.05 of the Revised Code shall do both of	20892
the following:	20893

(a) Certify to the state board, in the manner prescribed by	20894
the board, the average daily membership in classes and units	20895
approved under division (D)(1) of under section 3317.05 3317.20 of	20896
the Revised Code for each school district that has placed children	20897
in the classes or units;	20898

(b) Certify to the state board, in the manner prescribed by	20899
the board, the number of all handicapped preschool children	20900
enrolled as of the first day of December in classes eligible for	20901
approval under division (B) of section 3317.05 of the Revised	20902
Code, and the number of those classes.	20903

(3)(a) If during the first full school week in February the	20904
average daily membership of the classes or units maintained by the	20905
county MR/DD board that are eligible for approval under division	20906
(D)(1) of section 3317.05 of the Revised Code is greater than the	20907
average daily membership for the preceding October, the	20908
superintendent of the board shall make the certifications required	20909
by this section for such week.	20910

(b) If on the first school day of April the number of	20911
classes or units maintained for handicapped preschool children by	20912
the county MR/DD board that are eligible for approval under	20913
division (B) of section 3317.05 of the Revised Code is greater	20914
than the number of units approved for the year under that	20915
division, the superintendent shall make the certification required	20916
by this section for that day.	20917

(c)(b) If the state board determines that additional classes	20918
or units can be approved for the fiscal year within any	20919
limitations set forth in the acts appropriating moneys for the	20920
funding of the classes and units described in division (G)(3)(a)	20921
or (b) of this section, the board shall approve and fund	20922
additional units for the fiscal year on the basis of such average	20923
daily membership. For each unit so approved, the department of	20924
education shall pay an amount computed in the manner prescribed in	20925
sections 3317.161 3317.052 and 3317.162 3317.053 of the Revised	20926
Code.	20927

(H) Except as provided in division (I) of this section, when	20928
any city, local, or exempted village school district provides	20929
instruction for a nonresident pupil whose attendance is	20930
unauthorized attendance as defined in section 3327.06 of the	20931
Revised Code, that pupil's membership shall not be included in	20932
that district's membership figure used in the calculation of that	20933
district's formula ADM or included in the determination of any	20934
unit approved for the district under section 3317.05 of the	20935
Revised Code. The reporting official shall report separately the	20936
average daily membership of all pupils whose attendance in the	20937
district is unauthorized attendance, and the membership of each	20938
such pupil shall be credited to the school district in which the	20939
pupil is entitled to attend school under division (B) of section	20940
3313.64 or section 3313.65 of the Revised Code as determined by	20941
the department of education.	20942

(I)(1) A city, local, exempted village, or joint vocational	20943
school district admitting a scholarship student of a pilot project	20944
district pursuant to division (C) of section 3313.976 of the	20945
Revised Code may count such student in its average daily	20946
membership.	20947

(2) In any year for which funds are appropriated for pilot	20948
project scholarship programs, a school district implementing a	20949
state-sponsored pilot project scholarship program that year	20950
pursuant to sections 3313.974 through 3313.979 of the Revised Code	20951
may count in average daily membership:	20952

(a) All children residing in the district and utilizing a	20953
scholarship to attend kindergarten in any alternative school, as	20954
defined in section 3313.974 of the Revised Code;	20955

(b) All children who were enrolled in the district in the	20956
preceding year who are utilizing a scholarship to attend any such	20957
alternative school.	20958

(J) The superintendent of each cooperative education school	20959
district shall certify to the superintendent of public	20960
instruction, in a manner prescribed by the state board of	20961
education, the applicable average daily memberships for all	20962
students in the cooperative education district, also indicating	20963
the city, local, or exempted village district where each pupil is	20964
entitled to attend school under section 3313.64 or 3313.65 of the	20965
Revised Code.	20966

Sec. 3317.05.  (A) For the purpose of calculating payments	20967
under sections 3317.161 3317.052 and 3317.162 3317.053 of the	20968
Revised Code, the state board of education shall determine for	20969
each institution, by the last day of January of each year and	20970
based on information certified under section 3317.03 of the	20971
Revised Code, the number of vocational education units or	20972
fractions of units approved by the state board on the basis of	20973
standards and rules adopted by the state board. As used in this	20974
division, "institution" means an institution operated by a	20975
department specified in section 3323.091 of the Revised Code and	20976
that provides vocational education programs under the supervision	20977
of the division of vocational education of the department of	20978
education that meet the standards and rules for these programs,	20979
including licensure of professional staff involved in the	20980
programs, as established by the state board of education.	20981

(B) For the purpose of calculating payments under sections	20982
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	20983
the Revised Code, the state board shall determine, based on	20984
information certified under section 3317.03 of the Revised Code,	20985
the following by the last day of January of each year for each	20986
educational service center, for each school district, including	20987
each cooperative education school district, for each institution	20988
eligible for payment under section 3323.091 of the Revised Code,	20989
and for each county MR/DD board: the number of classes operated	20990
by the school district, service center, institution, or county	20991
MR/DD board for handicapped preschool children, or fraction	20992
thereof, including in the case of a district or service center	20993
that is a funding agent, classes taught by a licensed teacher	20994
employed by that district or service center under section 3313.841	20995
of the Revised Code, approved annually by the state board on the	20996
basis of standards and rules adopted by the state board.	20997

(C) For the purpose of calculating payments under sections	20998
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	20999
the Revised Code, the state board shall determine, based on	21000
information certified under section 3317.03 of the Revised Code,	21001
the following by the last day of January of each year for each	21002
school district, including each cooperative education school	21003
district, for each institution eligible for payment under section	21004
3323.091 of the Revised Code, and for each county MR/DD board: the	21005
number of preschool handicapped related services units for child	21006
study, occupational, physical, or speech and hearing therapy,	21007
special education supervisors, and special education coordinators	21008
approved annually by the state board on the basis of standards and	21009
rules adopted by the state board.	21010

(D) For the purpose of calculating payments under sections	21011
3317.161 3317.052 and 3317.162 3317.053 of the Revised Code, the	21012
state board shall determine, based on information certified under	21013
section 3317.03 of the Revised Code, the following by the last day	21014
of January of each year for each institution eligible for payment	21015
under section 3323.091 of the Revised Code, and for each county	21016
MR/DD board:	21017

(1) The number of classes operated by an institution or	21018
county MR/DD board for handicapped children other than handicapped	21019
preschool children, or fraction thereof, approved annually by the	21020
state board on the basis of standards and rules adopted by the	21021
state board;	21022

(2) The number of related services units for children other	21023
than handicapped preschool children for child study, occupational,	21024
physical, or speech and hearing therapy, special education	21025
supervisors, and special education coordinators approved annually	21026
by the state board on the basis of standards and rules adopted by	21027
the state board.	21028

(E) All of the arithmetical calculations made under this	21029
section shall be carried to the second decimal place. The total	21030
number of units for school districts, service centers, and	21031
institutions approved annually by the state board under this	21032
section shall not exceed the number of units included in the state	21033
board's estimate of cost for these units and appropriations made	21034
for them by the general assembly.	21035

In the case of units described in division (D)(1) of this	21036
section operated by county MR/DD boards and institutions eligible	21037
for payment under section 3323.091 of the Revised Code, the state	21038
board shall approve only units for persons who are under age	21039
twenty-two on the first day of the academic year, but not less	21040
than six years of age on the thirtieth day of September of that	21041
year, except that such a unit may include one or more children who	21042
are under six years of age on the thirtieth day of September if	21043
such children have been admitted to the unit pursuant to rules of	21044
the state board. In the case of handicapped preschool units	21045
described in division (B) of this section operated by county MR/DD	21046
boards and institutions eligible for payment under section	21047
3323.091 of the Revised Code, the state board shall approve only	21048
preschool units for children who are under age six but not less	21049
than age three on the thirtieth day of September of the academic	21050
year, except that such a unit may include one or more children who	21051
are under age three or are age six or over on the thirtieth day of	21052
September if such children have been admitted to the unit pursuant	21053
to rules of the state board of education. The number of units for	21054
county MR/DD boards and institutions eligible for payment under	21055
section 3323.091 of the Revised Code approved by the state board	21056
under this section shall not exceed the number that can be funded	21057
with appropriations made for such purposes by the general	21058
assembly.	21059

No unit shall be approved under divisions (B) to (D) of this	21060
section unless a plan has been submitted and approved under	21061
Chapter 3323. of the Revised Code.	21062

(F) The department shall approve units or fractions thereof	21063
for gifted children on the basis of standards and rules adopted by	21064
the board.	21065

Sec. 3317.051.  (A)(1) Notwithstanding sections 3317.05 and	21066
3317.11 of the Revised Code, a unit funded pursuant to division	21067
(P) of section 3317.024 or division (A)(2) of section 3317.161	21068
3317.052 of the Revised Code shall not be approved for state	21069
funding in one school district, including any cooperative	21070
education school district or any educational service center, to	21071
the extent that such unit provides programs in or services to	21072
another district which receives payment pursuant to section	21073
3317.04 of the Revised Code.	21074

(2) Any city, local, exempted village, or cooperative	21075
education school district or any educational service center may	21076
combine partial unit eligibility for handicapped preschool	21077
programs pursuant to section 3317.05 of the Revised Code, and such	21078
combined partial units may be approved for state funding in one	21079
school district or service center.	21080

(B) After units have been initially approved for any fiscal	21081
year under section 3317.05 of the Revised Code, no unit shall be	21082
subsequently transferred from a school district or educational	21083
service center to another city, exempted village, local, or	21084
cooperative education school district or educational service	21085
center or to an institution or county MR/DD board solely for the	21086
purpose of reducing the financial obligations of the school	21087
district in a fiscal year it receives payment pursuant to section	21088
3317.04 of the Revised Code.	21089

Sec. 3317.161.        Sec.  .        Sec. 3317.052.  As used in this section,	21090
"institution" means an institution operated by a department	21091
specified in section 3323.091 of the Revised Code.	21092

(A)(1) The department of education shall pay each school	21093
district, educational service center, institution eligible for	21094
payment under section 3323.091 of the Revised Code, or county	21095
MR/DD board an amount for the total of all classroom units for	21096
handicapped preschool children approved under division (B) of	21097
section 3317.05 of the Revised Code. For each unit, the amount	21098
shall be the sum of the minimum salary for the teacher of the	21099
unit, calculated on the basis of the teacher's training level and	21100
years of experience pursuant to the salary schedule prescribed in	21101
the version of section 3317.13 of the Revised Code in effect prior	21102
to the effective date of this amendment, plus fifteen per cent of	21103
that minimum salary amount, and eight thousand twenty-three	21104
dollars.	21105

(2) The department shall pay each school district,	21106
educational service center, institution eligible for payment under	21107
section 3323.091 of the Revised Code, or county MR/DD board an	21108
amount for the total of all related services units for handicapped	21109
preschool children approved under division (C) of section 3317.05	21110
of the Revised Code. For each such unit, the amount shall be the	21111
sum of the minimum salary for the teacher of the unit calculated	21112
on the basis of the teacher's training level and years of	21113
experience pursuant to the salary schedule prescribed in the	21114
version of section 3317.13 of the Revised Code in effect prior to	21115
the effective date of this amendment, fifteen per cent of that	21116
minimum salary amount, and two thousand one hundred thirty-two	21117
dollars.	21118

(B) If a school district or, educational service center has	21119
had additional handicapped preschool units approved for the year	21120
under division (F)(2) of section 3317.03 of the Revised Code, or	21121
if a county MR/DD board has had additional handicapped preschool	21122
units approved for the year under division (F)(2) or (G)(3) of	21123
section 3317.03 of the Revised Code, the district, educational	21124
service center, or board shall receive an additional amount during	21125
the last half of the fiscal year. For each district, center, or	21126
board, the additional amount for each unit shall equal fifty per	21127
cent of the amounts computed for the unit in the manner prescribed	21128
by division (A) of this section and division (C) of section	21129
3317.162 3317.053 of the Revised Code.	21130

(C)(1) The department shall pay each institution eligible	21131
for payment under section 3323.091 of the Revised Code or county	21132
MR/DD board an amount for the total of all special education units	21133
approved under division (D)(1) of section 3317.05 of the Revised	21134
Code. The amount for each unit shall be the sum of the minimum	21135
salary for the teacher of the unit, calculated on the basis of the	21136
teacher's training level and years of experience pursuant to the	21137
salary schedule prescribed in the version of section 3317.13 of	21138
the Revised Code in effect prior to the effective date of this	21139
amendment, plus fifteen per cent of that minimum salary amount,	21140
and eight thousand twenty-three dollars.	21141

(2) The department shall pay each institution eligible for	21142
payment under section 3323.091 of the Revised Code or county MR/DD	21143
board an amount for the total of all related services units	21144
approved under division (D)(2) of section 3317.05 of the Revised	21145
Code. The amount for each unit shall be the sum of the minimum	21146
salary for the teacher of the unit, calculated on the basis of the	21147
teacher's training level and years of experience pursuant to the	21148
salary schedule prescribed in the version of section 3317.13 of	21149
the Revised Code in effect prior to the effective date of this	21150
amendment, plus fifteen per cent of that minimum salary amount,	21151
and two thousand one hundred thirty-two dollars.	21152

(3) If a county MR/DD board has had additional units for	21153
handicapped children other than handicapped preschool children	21154
approved under division (G)(3) of section 3317.03 of the Revised	21155
Code, the board shall receive an additional amount during the last	21156
half of the fiscal year. For each board, the additional amount	21157
for each unit shall equal fifty per cent of the amount computed	21158
for the unit in the manner prescribed by division (C)(1) of this	21159
section and division (C) of section 3317.162 of the Revised Code.	21160

(D) The department shall pay each institution approved for	21161
vocational education units under division (A) of section 3317.05	21162
of the Revised Code an amount for the total of all the units	21163
approved under that division. The amount for each unit shall be	21164
the sum of the minimum salary for the teacher of the unit,	21165
calculated on the basis of the teacher's training level and years	21166
of experience pursuant to the salary schedule prescribed in the	21167
version of section 3317.13 of the Revised Code in effect prior to	21168
the effective date of this amendment, plus fifteen per cent of	21169
that minimum salary amount, and nine thousand five hundred ten	21170
dollars.	21171

Sec. 3317.162.        Sec.  .        Sec. 3317.053.  (A) As used in this section:

21172

(1) "State share percentage" has the same meaning as in	21173
section 3317.022 of the Revised Code.	21174

(2) "Dollar amount" means the amount shown in the following	21175
table for the corresponding type of unit and the appropriate	21176
fiscal year:	21177

(3) "Average unit amount" means the amount shown in the	21184
following table for the corresponding type of unit:	21185

(B) In the case of each unit described in division (B), (C),	21192
or (F) of section 3317.05 of the Revised Code and allocated to a	21193
city, local, or exempted village school district, the department	21194
of education, in addition to the amounts specified in division (P)	21195
of section 3317.024 and sections 3317.161 3317.052 and 3317.19 of	21196
the Revised Code, shall pay a supplemental unit allowance equal to	21197
the sum of the following amounts:	21198

(1) An amount equal to 50% of the average unit amount for	21199
the unit;	21200

(2) An amount equal to the percentage of the dollar amount	21201
for the unit that equals the district's state share percentage.	21202

If, prior to the fifteenth day of May of a fiscal year, a	21203
school district's aid computed under section 3317.022 of the	21204
Revised Code is recomputed pursuant to section 3317.027 or	21205
3317.028 of the Revised Code, the department shall also recompute	21206
the district's entitlement to payment under this section utilizing	21207
a new state share percentage. Such new state share percentage	21208
shall be determined using the district's recomputed basic aid	21209
amount pursuant to section 3317.027 or 3317.028 of the Revised	21210
Code. During the last six months of the fiscal year, the	21211
department shall pay the district a sum equal to one-half of the	21212
recomputed payment in lieu of one-half the payment otherwise	21213
calculated under this section.	21214

(C)(1) In the case of each unit allocated to an institution	21215
pursuant to division (A) of section 3317.05 of the Revised Code,	21216
the department, in addition to the amount specified in section	21217
3317.161 3317.052 of the Revised Code, shall pay a supplemental	21218
unit allowance of $7,227.	21219

(2) In the case of each unit described in division (B) or	21220
(D)(1) of section 3317.05 of the Revised Code that is allocated to	21221
any entity other than a city, exempted village, or local school	21222
district, the department, in addition to the amount specified in	21223
section 3317.161 3317.052 of the Revised Code, shall pay a	21224
supplemental unit allowance of $7,799.	21225

(3) In the case of each unit described in division (C) or	21226
(D)(2) of section 3317.05 of the Revised Code and allocated to any	21227
entity other than a city, exempted village, or local school	21228
district, the department, in addition to the amounts specified in	21229
section 3317.161 3317.052 of the Revised Code, shall pay a	21230
supplemental unit allowance of $2,966.	21231

(4) In the case of each unit described in division (F) of	21232
section 3317.05 of the Revised Code and allocated to an	21233
educational service center, the department, in addition to the	21234
amounts specified in division (P) of section 3317.024 of the	21235
Revised Code, shall pay a supplemental unit allowance of $4,251 in	21236
fiscal year 2000 and $5,251 in fiscal year 2001.	21237

Sec. 3317.06.  Moneys paid to school districts under division	21238
(L) of section 3317.024 of the Revised Code shall be used for the	21239
following independent and fully severable purposes:	21240

(A) To purchase such secular textbooks or electronic	21241
textbooks as have been approved by the superintendent of public	21242
instruction for use in public schools in the state and to loan	21243
such textbooks or electronic textbooks to pupils attending	21244
nonpublic schools within the district or to their parents and to	21245
hire clerical personnel to administer such lending program. Such	21246
loans shall be based upon individual requests submitted by such	21247
nonpublic school pupils or parents. Such requests shall be	21248
submitted to the school district in which the nonpublic school is	21249
located. Such individual requests for the loan of textbooks or	21250
electronic textbooks shall, for administrative convenience, be	21251
submitted by the nonpublic school pupil or the pupil's parent to	21252
the nonpublic school, which shall prepare and submit collective	21253
summaries of the individual requests to the school district. As	21254
used in this section:	21255

(1) "Textbook" means any book or book substitute that a	21256
pupil uses as a consumable or nonconsumable text, text substitute,	21257
or text supplement in a particular class or program in the school	21258
the pupil regularly attends.	21259

(2) "Electronic textbook" means computer software,	21260
interactive videodisc, magnetic media, CD-ROM, computer	21261
courseware, local and remote computer assisted instruction,	21262
on-line service, electronic medium, or other means of conveying	21263
information to the student or otherwise contributing to the	21264
learning process through electronic means.	21265

(B) To provide speech and hearing diagnostic services to	21266
pupils attending nonpublic schools within the district. Such	21267
service shall be provided in the nonpublic school attended by the	21268
pupil receiving the service.	21269

(C) To provide physician, nursing, dental, and optometric	21270
services to pupils attending nonpublic schools within the	21271
district. Such services shall be provided in the school attended	21272
by the nonpublic school pupil receiving the service.	21273

(D) To provide diagnostic psychological services to pupils	21274
attending nonpublic schools within the district. Such services	21275
shall be provided in the school attended by the pupil receiving	21276
the service.	21277

(E) To provide therapeutic psychological and speech and	21278
hearing services to pupils attending nonpublic schools within the	21279
district. Such services shall be provided in the public school,	21280
in nonpublic schools, in public centers, or in mobile units	21281
located on or off of the nonpublic premises. If such services are	21282
provided in the public school or in public centers, transportation	21283
to and from such facilities shall be provided by the school	21284
district in which the nonpublic school is located.	21285

(F) To provide guidance and counseling services to pupils	21286
attending nonpublic schools within the district. Such services	21287
shall be provided in the public school, in nonpublic schools, in	21288
public centers, or in mobile units located on or off of the	21289
nonpublic premises. If such services are provided in the public	21290
school or in public centers, transportation to and from such	21291
facilities shall be provided by the school district in which the	21292
nonpublic school is located.	21293

(G) To provide remedial services to pupils attending	21294
nonpublic schools within the district. Such services shall be	21295
provided in the public school, in nonpublic schools, in public	21296
centers, or in mobile units located on or off of the nonpublic	21297
premises. If such services are provided in the public school or	21298
in public centers, transportation to and from such facilities	21299
shall be provided by the school district in which the nonpublic	21300
school is located.	21301

(H) To supply for use by pupils attending nonpublic schools	21302
within the district such standardized tests and scoring services	21303
as are in use in the public schools of the state;	21304

(I) To provide programs for children who attend nonpublic	21305
schools within the district and are handicapped children as	21306
defined in division (A) of section 3323.01 of the Revised Code or	21307
gifted children. Such programs shall be provided in the public	21308
school, in nonpublic schools, in public centers, or in mobile	21309
units located on or off of the nonpublic premises. If such	21310
programs are provided in the public school or in public centers,	21311
transportation to and from such facilities shall be provided by	21312
the school district in which the nonpublic school is located.	21313

(J) To hire clerical personnel to assist in the	21314
administration of programs pursuant to divisions (B), (C), (D),	21315
(E), (F), (G), and (I) of this section and to hire supervisory	21316
personnel to supervise the providing of services and textbooks	21317
pursuant to this section.	21318

(K) To purchase or lease any secular, neutral, and	21319
nonideological computer software (including site-licensing),	21320
prerecorded video laserdiscs, digital video on demand (DVD),	21321
compact discs, and video cassette cartridges, wide area	21322
connectivity and related technology as it relates to internet	21323
access, mathematics or science equipment and materials,	21324
instructional materials, and school library materials that are in	21325
general use in the public schools of the state and loan such items	21326
to pupils attending nonpublic schools within the district or to	21327
their parents, and to hire clerical personnel to administer the	21328
lending program. Only such items that are incapable of diversion	21329
to religious use and that are susceptible of loan to individual	21330
pupils and are furnished for the use of individual pupils shall be	21331
purchased and loaned under this division. As used in this	21332
section, "instructional materials" means prepared learning	21333
materials that are secular, neutral, and nonideological in	21334
character and are of benefit to the instruction of school	21335
children, and may include educational resources and services	21336
developed by the Ohio schoolnet commission.	21337

(L) To purchase or lease instructional equipment, including	21338
computer hardware and related equipment in general use in the	21339
public schools of the state, for use by pupils attending nonpublic	21340
schools within the district and to loan such items to pupils	21341
attending nonpublic schools within the district or to their	21342
parents, and to hire clerical personnel to administer the lending	21343
program.	21344

(M) To purchase mobile units to be used for the provision of	21345
services pursuant to divisions (E), (F), (G), and (I) of this	21346
section and to pay for necessary repairs and operating costs	21347
associated with these units.	21348

Clerical and supervisory personnel hired pursuant to division	21349
(J) of this section shall perform their services in the public	21350
schools, in nonpublic schools, public centers, or mobile units	21351
where the services are provided to the nonpublic school pupil,	21352
except that such personnel may accompany pupils to and from the	21353
service sites when necessary to ensure the safety of the children	21354
receiving the services.	21355

All services provided pursuant to this section may be	21356
provided under contract with educational service centers, the	21357
department of health, city or general health districts, or private	21358
agencies whose personnel are properly licensed by an appropriate	21359
state board or agency.	21360

Transportation of pupils provided pursuant to divisions (E),	21361
(F), (G), and (I) of this section shall be provided by the school	21362
district from its general funds and not from moneys paid to it	21363
under division (L) of section 3317.024 of the Revised Code unless	21364
a special transportation request is submitted by the parent of the	21365
child receiving service pursuant to such divisions. If such an	21366
application is presented to the school district, it may pay for	21367
the transportation from moneys paid to it under division (L) of	21368
section 3317.024 of the Revised Code.	21369

No school district shall provide health or remedial services	21370
to nonpublic school pupils as authorized by this section unless	21371
such services are available to pupils attending the public schools	21372
within the district.	21373

Materials, equipment, computer hardware or software,	21374
textbooks, electronic textbooks, and health and remedial services	21375
provided for the benefit of nonpublic school pupils pursuant to	21376
this section and the admission of pupils to such nonpublic schools	21377
shall be provided without distinction as to race, creed, color, or	21378
national origin of such pupils or of their teachers.	21379

No school district shall provide services, materials, or	21380
equipment that contain religious content for use in religious	21381
courses, devotional exercises, religious training, or any other	21382
religious activity.	21383

As used in this section, "parent" includes a person standing	21384
in loco parentis to a child.	21385

Notwithstanding section 3317.01 of the Revised Code, payments	21386
shall be made under this section to any city, local, or exempted	21387
village school district within which is located one or more	21388
nonpublic elementary or high schools and any payments made to	21389
school districts under division (L) of section 3317.024 of the	21390
Revised Code for purposes of this section may be disbursed without	21391
submission to and approval of the controlling board.	21392

The allocation of payments for materials, equipment,	21393
textbooks, electronic textbooks, health services, and remedial	21394
services to city, local, and exempted village school districts	21395
shall be on the basis of the state board of education's estimated	21396
annual average daily membership in nonpublic elementary and high	21397
schools located in the district.	21398

Payments made to city, local, and exempted village school	21399
districts under this section shall be equal to specific	21400
appropriations made for the purpose. All interest earned by a	21401
school district on such payments shall be used by the district for	21402
the same purposes and in the same manner as the payments may be	21403
used.	21404

The department of education shall adopt guidelines and	21405
procedures under which such programs and services shall be	21406
provided, under which districts shall be reimbursed for	21407
administrative costs incurred in providing such programs and	21408
services, and under which any unexpended balance of the amounts	21409
appropriated by the general assembly to implement this section may	21410
be transferred to the auxiliary services personnel unemployment	21411
compensation fund established pursuant to section 4141.47 of the	21412
Revised Code. The department shall also adopt guidelines and	21413
procedures limiting the purchase and loan of the items described	21414
in division (K) of this section to items that are in general use	21415
in the public schools of the state, that are incapable of	21416
diversion to religious use, and that are susceptible to individual	21417
use rather than classroom use. Within thirty days after the end	21418
of each biennium, each board of education shall remit to the	21419
department all moneys paid to it under division (L) of section	21420
3317.024 of the Revised Code and any interest earned on those	21421
moneys that are not required to pay expenses incurred under this	21422
section during the biennium for which the money was appropriated	21423
and during which the interest was earned. If a board of education	21424
subsequently determines that the remittal of moneys leaves the	21425
board with insufficient money to pay all valid expenses incurred	21426
under this section during the biennium for which the remitted	21427
money was appropriated, the board may apply to the department of	21428
education for a refund of money, not to exceed the amount of the	21429
insufficiency. If the department determines the expenses were	21430
lawfully incurred and would have been lawful expenditures of the	21431
refunded money, it shall certify its determination and the amount	21432
of the refund to be made to the director of job and family	21433
services who shall make a refund as provided in section 4141.47 of	21434
the Revised Code.	21435

Sec. 3317.064.  (A) There is hereby established in the state	21436
treasury the auxiliary services mobile unit replacement and repair	21437
fund. By the thirtieth day of January of each odd-numbered year,	21438
the director of job and family services and the superintendent of	21439
public instruction shall determine the amount of any excess moneys	21440
in the auxiliary services personnel unemployment compensation fund	21441
not reasonably necessary for the purposes of section 4141.47 of	21442
the Revised Code, and shall certify such amount to the director of	21443
budget and management for transfer to the auxiliary services	21444
mobile unit replacement and repair fund. If the director of jobs	21445
job and family services and the superintendent disagree on such	21446
amount, the director of budget and management shall determine the	21447
amount to be transferred.	21448

(B) Moneys in the auxiliary services mobile unit replacement	21449
and repair fund shall be used for the relocation or for the	21450
replacement and repair of mobile units used to provide the	21451
services specified in division (E), (F), (G), or (I) of section	21452
3317.06 of the Revised Code and for no other purposes. The state	21453
board of education shall adopt guidelines and procedures for	21454
replacement, repair, and relocation of mobile units and the	21455
procedures under which a school district may apply to receive	21456
moneys with which to repair or replace or relocate such units.	21457

(C) School districts may apply to the department for moneys	21458
from the auxiliary services mobile unit replacement and repair	21459
fund for payment of incentives for early retirement and severance	21460
for school district personnel assigned to provide services	21461
authorized by section 3317.06 of the Revised Code at chartered	21462
nonpublic schools. The portion of the cost of any early	21463
retirement or severance incentive for any employee that is paid	21464
using money from the auxiliary services mobile unit replacement	21465
and repair fund shall not exceed the percentage of such employee's	21466
total service credit that the employee spent providing services	21467
to chartered nonpublic school students under section 3317.06 of	21468
the Revised Code.	21469

Sec. 3317.10.  (A) On or before the first day of March of	21470
each year, the department of job and family services shall certify	21471
to the state board of education the unduplicated number of	21472
children ages five through seventeen residing in each school	21473
district and living in a family that participated in Ohio works	21474
first under Chapter 5107. of the Revised Code, during the	21475
preceding October, had family income not exceeding the federal	21476
poverty guidelines as defined in section 5101.46 of the Revised	21477
Code and participated in one of the following:	21478

(1) Ohio works first;

21479

(2) The food stamp program;

21480

(3) The medical assistance program, including the healthy	21481
start program, established under Chapter 5111. of the Revised	21482
Code;	21483

(4) The children's health insurance program part I	21484
established under section 5101.50 of the Revised Code;	21485

(5) The disability assistance program established under	21486
Chapter 5115. of the Revised Code.	21487

The department of job and family services shall certify this	21488
information according to the school district of residence for	21489
each child. Except as provided under division (B) of this	21490
section, the number of children so certified in any year shall be	21491
used by the department of education in calculating the	21492
distribution of moneys for the ensuing fiscal year as provided in	21493
section 3317.029 of the Revised Code.	21494

(B) Upon the transfer of part of the territory of one school	21495
district to the territory of one or more other school districts,	21496
the department of education may adjust the number of children	21497
certified under division (A) of this section for any district	21498
gaining or losing territory in such a transfer in order to take	21499
into account the effect of the transfer on the number of such	21500
children ages five through seventeen who reside in the district	21501
and live in a family that participates in Ohio works first. Within	21502
sixty days of receipt of a request for information from the	21503
department of education, the department of job and family services	21504
shall provide any information the department of education	21505
determines is necessary to make such adjustments. The department	21506
of education may use the adjusted number for any district for the	21507
applicable fiscal year, in lieu of the number certified for the	21508
district for that fiscal year under division (A) of this section,	21509
in the calculation of the distribution of moneys provided in	21510
section 3317.029 of the Revised Code.	21511

Sec. 3317.11.  (A) Annually, on or before a date designated	21512
by the state board of education, each educational service center	21513
governing board shall prepare a budget of operating expenses for	21514
the ensuing year for the service center on forms prepared and	21515
furnished by the state board of education and shall certify the	21516
budget to the state board of education, together with such other	21517
information as the board may require. Such budget shall consist	21518
of two parts. Part (A) shall include the cost of the salaries,	21519
employers retirement contributions, and travel expenses of	21520
supervisory teachers approved by the state board of education. The	21521
amount derived from the calculation for such units in part (A) of	21522
the governing board budget shall be the sum of:	21523

(1) The sum of the minimum salaries calculated, pursuant to	21524
section 3317.13 of the Revised Code, for each approved licensed	21525
employee of the governing board;	21526

(2) An additional salary allowance proportional to the	21527
length of the extended term of service not to exceed three months	21528
for each supervisory and child study teacher whose term of service	21529
in any year is extended beyond the terms of service of regular	21530
classroom teachers;	21531

(3) An allowance equal to fifteen per cent of the amount	21532
computed under division (A)(1) of this section;	21533

(4) An allowance for necessary travel expenses, for each of	21534
the personnel approved in part (A) of the budget, limited to two	21535
hundred twenty-three dollars and sixteen cents per month, or two	21536
thousand six hundred seventy-eight dollars per year per person	21537
employed, whichever is the lesser.	21538

Part (B) shall include the cost of all other lawful	21539
expenditures of the governing board. The state board of education	21540
shall review such budget and may approve, increase, or decrease	21541
such budget.	21542

The governing board shall be reimbursed by the state board of	21543
education from state funds for the cost of part (A) of the budget.	21544
The governing board shall be reimbursed by the state board of	21545
education, from state funds for the cost of part (B) of the	21546
approved budget that is in excess of six dollars and fifty cents	21547
times the service center ADM. If the governing board provides	21548
services to city or exempted village school districts pursuant to	21549
section 3313.843 of the Revised Code, the governing board shall be	21550
reimbursed from state funds for the cost of part (B) of the budget	21551
that is in excess of six dollars and fifty cents times the sum of	21552
the service center ADM and the client ADMs of the city or exempted	21553
village districts to which such services are provided. The cost	21554
of part (B) not in excess of six dollars and fifty cents times the	21555
number of such ADM shall be apportioned by the state board of	21556
education among the local school districts in the territory of the	21557
service center, or among all districts to which the governing	21558
board provides services, on the basis of the total number of	21559
pupils in each school district.	21560

If part (B) of the budget is in excess of that approved by	21561
the state board of education, the excess cost shall be apportioned	21562
by the state board of education among the local school districts	21563
in the territory of the service center on the basis of the total	21564
number of such pupils in each such school district, provided that	21565
a majority of the boards of education of such local school	21566
districts approve such apportionment. The state board of	21567
education shall initiate and supervise the procedure by which the	21568
local boards shall approve or disapprove such apportionment.	21569

The amounts so apportioned shall be certified to the	21570
treasurers of the various school districts. In the case of each	21571
district such amount shall be deducted by the state board of	21572
education from funds allocated to the district pursuant to	21573
division (E) of section 3317.023 of the Revised Code.	21574

The state board of education shall certify to the director of	21575
budget and management for payment the total of the deductions,	21576
whereupon the amount shall be paid to the governing board of each	21577
service center, to be deposited to the credit of a separate fund,	21578
hereby created, to be known as the educational service center	21579
governing board fund.	21580

An educational service center may provide special education	21581
to students in its local districts or in client districts. A	21582
service center is eligible for funding under division (J) of	21583
section 3317.024 of the Revised Code and eligible for state	21584
subsidies for the purchase of school buses under section 3317.07	21585
of the Revised Code. Special education units for gifted children	21586
may be operated by a governing board. Vocational education may be	21587
provided by a governing board. A governing board may conduct	21588
driver education for pupils enrolled in a high school for which	21589
the state board of education prescribes minimum standards.	21590

Every local school district shall be provided supervisory	21591
services by its governing board as approved by the state board of	21592
education. A city or exempted village school district shall be	21593
considered to be provided supervisory services by a governing	21594
board if it has entered into an agreement for the governing board	21595
to provide any services under section 3313.843 of the Revised	21596
Code. Supervisory services shall not exceed one supervisory	21597
teacher for the first fifty classroom teachers employed in all	21598
districts that are provided supervisory services calculated under	21599
section 3317.023 of the Revised Code and one supervisory teacher	21600
for every additional one hundred such classroom teachers so	21601
calculated. Reimbursement for such supervisory services shall be	21602
a deduction by the state board of education from the payment to	21603
the school district pursuant to division (E) of section 3317.023	21604
of the Revised Code. Deductions for all supervisory services and	21605
extended services for supervisory and child study shall be	21606
apportioned among local school districts within the territory of	21607
the service center and any city or exempted village districts that	21608
have entered into agreements with a service center pursuant to	21609
section 3313.843 of the Revised Code by the state board of	21610
education on the basis of the total number of pupils in each	21611
school district, except that where such services are provided to	21612
districts other than local school districts within the service	21613
center territory and city or exempted village districts having	21614
agreements with the service center, such charges shall be	21615
apportioned among all participating districts on the basis of the	21616
total number of pupils in each school district. All deductions	21617
from state funding to school districts required for reimbursement	21618
of governing boards by division (E) of section 3317.023 of the	21619
Revised Code shall be made from the total of the payment computed	21620
for the district under this chapter, after making any other	21621
adjustments in that payment required by law.	21622

(B)(1) In addition to the payments made under division (A)	21623
of this section, except as otherwise provided in division (C) of	21624
this section, the department of education shall pay each governing	21625
board the amount in the following schedule for the specified	21626
fiscal year, thirty-seven dollars times the sum of the service	21627
center ADM and the sum of the client ADMs of all its client	21628
districts:	21629

(a) In fiscal year 2000, thirty-six dollars;

21630

(b) In in fiscal year 2001, thirty-seven dollars years 2002	21631
and 2003.	21632

(2) In addition to other payments under this section, the	21633
department shall pay each educational service center the amounts	21634
due to it from school districts pursuant to contracts, compacts,	21635
or agreements under which the service center furnishes services to	21636
the districts or their students. In order to receive payment	21637
under this division, an educational service center shall furnish	21638
either a copy of the applicable contract, compact, or agreement	21639
clearly indicating the amounts of the payments, or a written	21640
statement of the payments owed signed by the superintendent or	21641
treasurer of the responsible school district.	21642

The amounts paid to service centers under division (B)(2) of	21643
this section shall be deducted from payments to school districts	21644
pursuant to division (K)(2) of section 3317.023 of the Revised	21645
Code.	21646

(C) Each multicounty service center shall receive a payment	21647
each fiscal year equal to forty dollars and fifty-two cents times	21648
the sum of the service center ADM and the client ADMs of all its	21649
client districts.	21650

(D) Each city, exempted village, local, joint vocational, or	21651
cooperative education school district shall pay to the governing	21652
board of an educational service center any amounts agreed to for	21653
each child enrolled in the district who receives special education	21654
and related services or vocational education from the educational	21655
service center.	21656

(E) As used in this section:

21657

(1) "Service center ADM" means the total of each of the	21658
following for all local school districts within the limits of an	21659
educational service center's territory:	21660

(a) The formula ADM;

21661

(b) The kindergarten average daily membership included in	21662
the formula ADM;	21663

(c) Three-quarters of the number of students reported under	21664
division (B)(4) of section 3317.03 of the Revised Code;	21665

(d) The average daily membership of handicapped preschool	21666
children reported under division (B)(2) of section 3317.03 of the	21667
Revised Code;	21668

(e) The number of preschool students certified under	21669
division (B) of section 3317.032 of the Revised Code.	21670

(2) "Client ADM" means the total of each number described	21671
under divisions (E)(1)(a) to (e) of this section for a client	21672
district.	21673

(3) "Client district" means a city or exempted village school	21674
district that has entered into an agreement to receive services	21675
from a service center pursuant to section 3313.843 of the Revised	21676
Code.	21677

(4) "Multicounty service center" means a service center that	21678
includes territory that formerly was included in the territory of	21679
at least three former service centers or county school districts,	21680
which former centers or districts engaged in one or more mergers	21681
pursuant to section 3311.053 of the Revised Code to form the	21682
present center.	21683

Sec. 3317.13.  (A) As used in this section and section	21684
3317.14 of the Revised Code:	21685

(1) "Years of service" includes the following:

21686

(a) All years of teaching service in the same school	21687
district or educational service center, regardless of training	21688
level, with each year consisting of at least one hundred twenty	21689
days under a teacher's contract;	21690

(b) All years of teaching service in a chartered, nonpublic	21691
school located in Ohio as a teacher licensed pursuant to section	21692
3319.22 of the Revised Code or in another public school,	21693
regardless of training level, with each year consisting of at	21694
least one hundred twenty days under a teacher's contract;	21695

(c) All years of teaching service in a chartered school or	21696
institution or a school or institution that subsequently became	21697
chartered or a chartered special education program or a special	21698
education program that subsequently became chartered operated by	21699
the state or by a subdivision or other local governmental unit of	21700
this state as a teacher licensed pursuant to section 3319.22 of	21701
the Revised Code, regardless of training level, with each year	21702
consisting of at least one hundred twenty days; and	21703

(d) All years of active military service in the armed forces	21704
of the United States, as defined in section 3307.75 of the Revised	21705
Code, to a maximum of five years. For purposes of this	21706
calculation, a partial year of active military service of eight	21707
continuous months or more in the armed forces shall be counted as	21708
a full year.	21709

(2) "Teacher" means all teachers employed by the board of	21710
education of any school district, including any cooperative	21711
education or joint vocational school district and all teachers	21712
employed by any educational service center governing board.	21713

(B) No teacher shall be paid a salary less than that	21714
provided in the schedule set forth in division (C) of this	21715
section. In calculating the minimum salary any teacher shall be	21716
paid pursuant to this section, years of service shall include the	21717
sum of all years of the teacher's teaching service included in	21718
divisions (A)(1)(a), (b), (c), and (d) of this section; except	21719
that any school district or educational service center employing a	21720
teacher new to the district or educational service center shall	21721
grant such teacher a total of not more than ten years of service	21722
pursuant to divisions (A)(1)(b), (c), and (d) of this section.	21723

Upon written complaint to the superintendent of public	21724
instruction that the board of education of a district or the	21725
governing board of an educational service center governing board	21726
has failed or refused to annually adopt a salary schedule or to	21727
pay salaries in accordance with the salary schedule set forth in	21728
division (C) of this section, the superintendent of public	21729
instruction shall cause to be made an immediate investigation of	21730
such complaint. If the superintendent finds that the conditions	21731
complained of exist, the superintendent shall order the board to	21732
correct such conditions within ten days from the date of the	21733
finding. No moneys shall be distributed to the district or	21734
educational service center under this chapter until the	21735
superintendent has satisfactory evidence of the board of	21736
education's full compliance with such order.	21737

Each teacher shall be fully credited with placement in the	21738
appropriate academic training level column in the district's or	21739
educational service center's salary schedule with years of service	21740
properly credited pursuant to this section or section 3317.14 of	21741
the Revised Code. No rule shall be adopted or exercised by any	21742
board of education or educational service center governing board	21743
which restricts the placement or the crediting of annual salary	21744
increments for any teacher according to the appropriate academic	21745
training level column.	21746

(C) Minimum salaries exclusive of retirement and sick leave	21747
for teachers shall be as follows:	21748

* Percentages represent the percentage which each salary is	21780
of the base amount.	21781

For purposes of determining the minimum salary at any level	21782
of training and service, the base of one hundred per cent shall be	21783
the base amount. The percentages used in this section show the	21784
relationships between the minimum salaries required by this	21785
section and the base amount and shall not be construed as	21786
requiring any school district or educational service center to	21787
adopt a schedule containing salaries in excess of the amounts set	21788
forth in this section for corresponding levels of training and	21789
experience.	21790

As used in this division:

21791

(1) "Base amount" means seventeen twenty thousand dollars.

21792

(2) "Five years of training" means at least one hundred	21793
fifty semester hours, or the equivalent, and a bachelor's degree	21794
from a recognized college or university.	21795

(D) For purposes of this section, all credited training	21796
shall be from a recognized college or university.	21797

Sec. 3317.16.  (A) As used in this section:

21798

(1) "State share percentage" means the percentage calculated	21799
for a joint vocational school district as follows:	21800

(a) Calculate the state base cost funding amount for the	21801
district under division (B) of this section. If the district	21802
would not receive any base cost funding for that year under that	21803
division, the district's state share percentage is zero.	21804

(b) If the district would receive base cost funding under	21805
that division, divide that base cost amount by an amount equal to	21806
the following:	21807

cost-of-doing-business factor X

21808

the formula amount X

21809

the greater of formula ADM or

21810

three-year average formula ADM

21811

The resultant number is the district's state share	21812
percentage.	21813

(2) The "total special education weight" for a joint	21814
vocational school district shall be calculated in the same manner	21815
as prescribed in division (B)(1) of section 3317.022 of the	21816
Revised Code.	21817

(3) The "total vocational education weight" for a joint	21818
vocational school district shall be calculated in the same manner	21819
as prescribed in division (B)(4) of section 3317.022 of the	21820
Revised Code.	21821

(4) The "adjusted total taxable value recognized valuation"	21822
of a joint vocational school district shall be determined by	21823
adding the adjusted total taxable values recognized valuations of	21824
all its constituent school districts for the applicable fiscal	21825
year.	21826

(B) The department of education shall compute and distribute	21827
state base cost funding to each joint vocational school district	21828
for the fiscal year in accordance with the following formula:	21829

(cost-of-doing-business factor X

21830

formula amount X the greater of formula

21831

ADM or three-year average formula ADM) -

21832

(.0005 X adjusted total taxable value recognized valuation)

21833

If the difference obtained under this division is a negative	21834
number, the district's computation shall be zero.	21835

(C)(1) The department shall compute and distribute state	21836
vocational education additional weighted costs funds to each joint	21837
vocational school district in accordance with the following	21838
formula:	21839

state share percentage X formula amount X

21840

total vocational education weight

21841

(2) The department shall compute for each joint vocational	21842
school district state funds for vocational education associated	21843
services costs in accordance with the following formula:	21844

state share percentage X .05 X

21845

the formula amount X the sum of

21846

categories one and two vocational

21847

education ADM

21848

In any fiscal year, a joint vocational school district	21849
receiving funds under division (C)(2) of this section, or through	21850
a transfer of funds pursuant to division (L) of section 3317.023	21851
of the Revised Code, shall spend those funds only for the purposes	21852
that the department designates as approved for vocational	21853
education associated services expenses, which may include such	21854
purposes as apprenticeship coordinators, coordinators for other	21855
vocational education services, vocational evaluation, and other	21856
purposes designated by the department. The department may deny	21857
payment under division (C)(2) of this section to any district that	21858
the department determines is not operating those services or is	21859
using funds paid under division (C)(2) of this section, or through	21860
a transfer of funds pursuant to division (L) of section 3317.023	21861
of the Revised Code, for other purposes.	21862

(D)(1) The department shall compute and distribute state	21863
special education and related services additional weighted costs	21864
funds to each joint vocational school district in accordance with	21865
the following formula:	21866

state share percentage X formula amount X	21867

total special education weight

21868

(2)(a) As used in this division, the "personnel allowance"	21869
means twenty-five thousand dollars in fiscal year 2000 and thirty	21870
thousand dollars in fiscal year 2001 2002 and fifty-five thousand	21871
six hundred fifty-two dollars in fiscal year 2003.	21872

(b) For the provision of speech services to students and for	21873
no other purpose, the department shall pay each joint vocational	21874
school district an amount calculated under the following formula:	21875

(formula ADM divided by 2000) X the personnel

21876

allowance X state share percentage

21877

(E)(1) If a joint vocational school district's costs for a	21878
fiscal year for a student in its category three categories one and	21879
two special education ADM are twenty-five thousand dollars or	21880
more, the district may submit to the superintendent of public	21881
instruction documentation, as prescribed by the superintendent, of	21882
all of its costs for that student. Upon submission of	21883
documentation for a student of the type and in the manner	21884
prescribed, the department shall pay to the district an amount	21885
equal to the sum of the following:	21886

(a) One-half of the district's costs for the student in	21887
excess of twenty-five thousand dollars;	21888

(b) The product of one-half of the district's costs for the	21889
student in excess of twenty-five thousand dollars multiplied by	21890
the district's state share percentage.	21891

(2) In fiscal year 2002, if a joint vocational school	21892
district's costs for a student in its category three special	21893
education ADM are twenty-five thousand dollars or more, the	21894
district may submit to the superintendent of public instruction	21895
documentation, as prescribed by the superintendent, of all its	21896
costs for that student. Upon submission of documentation for a	21897
student of the type and in the manner prescribed, the department	21898
shall pay to the district an amount equal to the sum of the	21899
following:	21900

(a) One-half of the district's costs for the student in	21901
excess of twenty-five thousand dollars;	21902

(b) The product of one-half of the district's costs for the	21903
student in excess of twenty-five thousand dollars multiplied by	21904
the district's state share percentage.	21905

(3) In fiscal years after fiscal year 2002, if a joint	21906
vocational school district's costs for the fiscal year for a	21907
student in its category three special education ADM are twenty	21908
thousand dollars or more, the district may submit to the	21909
superintendent of public instruction documentation, as prescribed	21910
by the superintendent, of all its costs for that student. Upon	21911
submission of documentation for a student of the type and in the	21912
manner prescribed, the department shall pay to the district an	21913
amount equal to the sum of the following:	21914

(a) One-half of the district's costs for the student in	21915
excess of twenty thousand dollars;	21916

(b) The product of one-half of the district's costs for the	21917
student in excess of twenty thousand dollars multiplied by the	21918
district's state share percentage.	21919

(4) The district shall only report under divisions (E)(1) to	21920
(3) of this section, and the department shall only pay for, the	21921
costs of educational expenses and the related services provided to	21922
the student in accordance with the student's individualized	21923
education program. Any legal fees, court costs, or other costs	21924
associated with any cause of action relating to the student may	21925
not be included in the amount.	21926

(F) Each fiscal year, the department shall pay each joint	21927
vocational school district an amount for adult technical and	21928
vocational education and specialized consultants.	21929

(G)(1) In any fiscal year, a joint vocational school	21930
district receiving funds under division (D) of this section shall	21931
spend on the related services specified in division (B)(3) of	21932
section 3317.022 of the Revised Code at least the lesser of the	21933
following:	21934

(a) The amount the district spent on those related services	21935
in the preceding fiscal year;	21936

(b) 1/8 X {[cost-of-doing-business factor X the formula	21937
amount X (the category one special education ADM + category two	21938
special education ADM + category three special education ADM)] +	21939
the amount calculated for the fiscal year under division (D)(1) of	21940
this section + the local share of special education and related	21941
services additional weighted costs}.	21942

(2) A joint vocational school district's local share of	21943
special education and related services additional weighted costs	21944
equals:	21945

(1 - state share percentage) X	21946

Total special education weight X

21947

the formula amount

21948

(H) In any fiscal year, if the total of all payments made to	21949
a joint vocational school district under divisions (B) to (D) of	21950
this section and division (R) of section 3317.024 of the Revised	21951
Code is less than the amount that district received in fiscal year	21952
1999 under the version of this section in effect that year, plus	21953
the amount that district received under the version of section	21954
3317.162 of the Revised Code in effect that year and minus the	21955
amounts received that year for driver education and adult	21956
education, the department shall pay the district an additional	21957
amount equal to the difference between those two amounts.	21958

(I) In fiscal years 2000 and 2001, each joint vocational	21959
school district shall continue to offer the same number of the	21960
vocational education programs that the district offered in fiscal	21961
year 1999, unless the department of education expressly agrees	21962
that the district may offer fewer programs in either or both	21963
fiscal year 2000 or 2001.	21964

Sec. 3317.19.  (A) As used in this section, "total unit	21965
allowance" means an amount equal to the sum of the following:	21966

(1) The total of the salary allowances for the teachers	21967
employed in the cooperative education school district for all	21968
units approved under division (B) or (C) of section 3317.05 of the	21969
Revised Code. The salary allowance for each unit shall equal the	21970
minimum salary for the teacher of the unit calculated on the basis	21971
of the teacher's training level and years of experience pursuant	21972
to the salary schedule prescribed in the version of section	21973
3317.13 of the Revised Code in effect prior to the effective date	21974
of this amendment.	21975

(2) Fifteen per cent of the total computed under division	21976
(A)(1) of this section;	21977

(3) The total of the unit operating allowances for all	21978
approved units. The amount of each allowance shall equal one of	21979
the following:	21980

(a) Eight thousand twenty-three dollars times the number of	21981
preschool handicapped units or fraction thereof approved for the	21982
year under division (B) of section 3317.05 of the Revised Code;	21983

(b) Two thousand one hundred thirty-two dollars times the	21984
number of units or fraction thereof approved for the year under	21985
division (C) of section 3317.05 of the Revised Code.	21986

(B) The state board of education shall compute and	21987
distribute to each cooperative education school district for each	21988
fiscal year an amount equal to the sum of the following:	21989

(1) An amount equal to the total of the amounts credited to	21990
the cooperative education school district pursuant to division (K)	21991
of section 3317.023 of the Revised Code;	21992

(2) The total unit allowance;

21993

(3) An amount for assisting in providing free lunches to	21994
needy children and an amount for assisting needy school districts	21995
in purchasing necessary equipment for food preparation pursuant to	21996
division (K) of section 3317.024 of the Revised Code.	21997

(C) If a cooperative education school district has had	21998
additional special education units approved for the year under	21999
division (F)(2) of section 3317.03 of the Revised Code, the	22000
district shall receive an additional amount during the last half	22001
of the fiscal year. For each unit, the additional amount shall	22002
equal fifty per cent of the amount computed under division (A) of	22003
this section for a unit approved under division (B) of section	22004
3317.05 of the Revised Code.	22005

Sec. 3317.20.  This section does not apply to handicapped	22006
preschool children.	22007

(A) As used in this section:

22008

(1) "Applicable weight" means:

22009

(a) For a handicapped child receiving special education	22010
services for a handicap specified in division (A) of section	22011
3317.013 of the Revised Code, the multiple specified in that	22012
division;	22013

(b) For a handicapped child receiving special education	22014
services for a handicap specified in division (B) of section	22015
3317.013 or division (F)(3) of section 3317.02 of the Revised	22016
Code, the multiple specified in division (B) of section 3317.013	22017
of the Revised Code.	22018

(2) "Child's school district" means the school district in	22019
which a child is entitled to attend school pursuant to section	22020
3313.64 or 3313.65 of the Revised Code.	22021

(3) "State share percentage" means the state share percentage	22022
of the child's school district as defined in section 3317.022 of	22023
the Revised Code.	22024

(B) Notwithstanding sections 3317.03, 3317.05, 3317.161, and	22025
3317.162 of the Revised Code, the department of education shall	22026
not approve special education and related services units, other	22027
than for handicapped preschool children, in county MR/DD boards in	22028
fiscal years 1999, 2000, and 2001. During those fiscal years,	22029
state funding for special education and related services provided	22030
to school-age children by county MR/DD boards shall be provided	22031
under divisions (C) to (E) of this section.	22032

(C) Except as provided in division (D)(C) of this section,	22033
the department shall annually pay each county MR/DD board an	22034
amount calculated under the following formula for each handicapped	22035
child, other than a handicapped preschool child, for whom the	22036
county MR/DD board provides special education and related	22037
services:	22038

(formula amount X the cost-of-doing-business factor

22039

for the child's school district) +

22040

(state share percentage X formula amount X

22041

the applicable weight)

22042

(D)(C) If any school district places with a county MR/DD	22043
board more handicapped children than it had placed with a county	22044
MR/DD board in fiscal year 1998, the department shall not make a	22045
payment under division (C)(B) of this section for the number of	22046
children exceeding the number placed in fiscal year 1998. The	22047
department instead shall deduct from the district's payments under	22048
this chapter, and pay to the county MR/DD board, an amount	22049
calculated in accordance with the formula prescribed in division	22050
(C)(B) of this section for each child over the number of children	22051
placed in fiscal year 1998.	22052

(E)(D) The department shall calculate for each county MR/DD	22053
board receiving payments under divisions (C)(B) and (D)(C) of this	22054
section the following amounts:	22055

(1) The amount received by the county MR/DD board for	22056
approved special education and related services units, other than	22057
preschool handicapped units, in fiscal year 1998, divided by the	22058
total number of children served in the units that year;	22059

(2) The product of the quotient calculated under division	22060
(E)(D)(1) of this section times the number of children for whom	22061
payments are made under divisions (C)(B) and (D)(C) of this	22062
section.	22063

If the amount calculated under division (E)(D)(2) of this	22064
section is greater than the total amount calculated under	22065
divisions (C)(B) and (D)(C) of this section, the department shall	22066
pay the county MR/DD board one hundred per cent of the difference	22067
in addition to the payments under divisions (C)(B) and (D)(C) of	22068
this section.	22069

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	22070
Revised Code:	22071

(A) "Ohio school facilities commission" means the commission	22072
created pursuant to section 3318.30 of the Revised Code.	22073

(B) "Classroom facilities" means rooms in which pupils	22074
regularly assemble in public school buildings to receive	22075
instruction and education and such facilities and building	22076
improvements for the operation and use of such rooms as may be	22077
needed in order to provide a complete educational program, and may	22078
include space within which a child day-care facility or a	22079
community resource center is housed. "Classroom facilities"	22080
includes any space necessary for the operation of a vocational	22081
education program in any school district that operates such a	22082
program.	22083

(C) "Project" means a project to construct or acquire	22084
classroom facilities, or to reconstruct or make additions to	22085
existing classroom facilities, to be used for housing the	22086
applicable school district and its functions.	22087

(D) "School district" means a local, exempted village, or	22088
city school district as such districts are defined in Chapter	22089
3311. of the Revised Code, acting as an agency of state	22090
government, performing essential governmental functions of state	22091
government pursuant to sections 3318.01 and 3318.20 of the Revised	22092
Code.	22093

(E) "School district board" means the board of education of a	22094
school district.	22095

(F) "Net bonded indebtedness" means the difference between	22096
the sum of the par value of all outstanding and unpaid bonds and	22097
notes which a school district board is obligated to pay, any	22098
amounts the school district is obligated to pay under	22099
lease-purchase agreements entered into under section 3313.375 of	22100
the Revised Code, and the par value of bonds authorized by the	22101
electors but not yet issued, the proceeds of which can lawfully be	22102
used for the project, and the amount held in the sinking fund and	22103
other indebtedness retirement funds for their redemption. Notes	22104
issued for school buses in accordance with section 3327.08 of the	22105
Revised Code, notes issued in anticipation of the collection of	22106
current revenues, and bonds issued to pay final judgments shall	22107
not be considered in calculating the net bonded indebtedness.	22108

"Net bonded indebtedness" does not include indebtedness	22109
arising from the acquisition of land to provide a site for	22110
classroom facilities constructed, acquired, or added to pursuant	22111
to sections 3318.01 to 3318.20 of the Revised Code.	22112

(G) "Board of elections" means the board of elections of the	22113
county containing the most populous portion of the school	22114
district.	22115

(H) "County auditor" means the auditor of the county in which	22116
the greatest value of taxable property of such school district is	22117
located.	22118

(I) "Tax duplicates" means the general tax lists and	22119
duplicates prescribed by sections 319.28 and 319.29 of the Revised	22120
Code.	22121

(J) "Required level of indebtedness" means:

22122

(1) In the case of districts in the first percentile, five	22123
per cent of the district's valuation for the year preceding the	22124
year in which the controlling board approved the project under	22125
section 3318.04 of the Revised Code.	22126

(2) In the case of districts ranked in a subsequent	22127
percentile, five per cent of the district's valuation for the year	22128
preceding the year in which the controlling board approved the	22129
project under section 3318.04 of the Revised Code, plus [two	22130
one-hundredths of one per cent multiplied by (the percentile in	22131
which the district ranks minus one)].	22132

(K) "Required percentage of the basic project costs" means	22133
one per cent of the basic project costs times the percentile in	22134
which the district ranks.	22135

(L) "Basic project cost" means a cost amount determined in	22136
accordance with rules adopted under section 111.15 of the Revised	22137
Code by the Ohio school facilities commission. The basic project	22138
cost calculation shall take into consideration the square footage	22139
and cost per square foot necessary for the grade levels to be	22140
housed in the classroom facilities, the variation across the state	22141
in construction and related costs, the cost of the installation of	22142
site utilities and site preparation, the cost of insuring the	22143
project until it is completed, any contingency reserve amount	22144
prescribed by the commission under section 3318.086 of the Revised	22145
Code, and the professional planning, administration, and design	22146
fees that a district may have to pay to undertake a classroom	22147
facilities project.	22148

"Basic project cost" also includes the value of classroom	22149
facilities authorized in a pre-existing bond issue as described in	22150
section 3318.033 of the Revised Code.	22151

(M) A "school district's portion of the basic project cost"	22152
means the amount determined under section 3318.032 of the Revised	22153
Code.	22154

(N) "Child day-care facility" means space within a classroom	22155
facility in which the needs of infants, toddlers, preschool	22156
children, and school children are provided for by persons other	22157
than the parent or guardian of such children for any part of the	22158
day, including persons not employed by the school district	22159
operating such classroom facility.	22160

(O) "Community resource center" means space within a	22161
classroom facility in which comprehensive services that support	22162
the needs of families and children are provided by community-based	22163
social service providers.	22164

(P) "Valuation" means the total value of all property in the	22165
district as listed and assessed for taxation on the tax	22166
duplicates.	22167

(Q) "Percentile" means the percentile in which the district	22168
is ranked pursuant to division (D) of section 3318.011 of the	22169
Revised Code.	22170

(R) "Installation of site utilities" means the installation	22171
of a site domestic water system, site fire protection system, site	22172
gas distribution system, site sanitary system, site storm drainage	22173
system, and site telephone and data system.	22174

(S) "Site preparation" means the earthwork necessary for	22175
preparation of the building foundation system, the paved	22176
pedestrian and vehicular circulation system, playgrounds on the	22177
project site, and lawn and planting on the project site.	22178

Sec. 3318.04.  (A) If the Ohio school facilities commission	22179
makes a determination under section 3318.03 of the Revised Code in	22180
favor of constructing, acquiring, reconstructing, or making	22181
additions to a classroom facility, the project shall be	22182
conditionally approved. Such conditional approval shall be	22183
submitted to the controlling board for approval thereof. The	22184
controlling board shall forthwith approve or reject the	22185
commission's determination, conditional approval, the amount of	22186
the state's portion of the basic project cost, and, if the state's	22187
portion exceeds twenty-five million dollars, the amount of the	22188
state's portion to be encumbered in the current fiscal biennium.	22189
In the event of approval thereof by the controlling board, the	22190
commission shall certify such conditional approval to the school	22191
district board and shall encumber from the total funds	22192
appropriated for the purpose of sections 3318.01 to 3318.20 of the	22193
Revised Code the amount of the state's portion of the basic	22194
project cost or, if the state's portion exceeds twenty-five	22195
million dollars, the amount approved under this section to be	22196
encumbered in the current fiscal biennium.	22197

The basic project cost for a project approved under this	22198
section shall not exceed the cost that would otherwise have to be	22199
incurred if the classroom facilities to be constructed, acquired,	22200
or reconstructed, or the additions to be made to classroom	22201
facilities, under such project meet, but do not exceed, the	22202
specifications for plans and materials for classroom facilities	22203
adopted by the commission.	22204

(B)(1) No school district shall have a project conditionally	22205
approved pursuant to this section if the school district has	22206
already received any assistance for a project funded under any	22207
version of sections 3318.01 to 3318.20 of the Revised Code, and	22208
the prior project was one for which the electors of such district	22209
approved a levy within the last twenty years pursuant to any	22210
version of section 3318.06 of the Revised Code for purposes of	22211
qualifying for the funding of that project, unless the district	22212
demonstrates to the satisfaction of the commission that the	22213
district has experienced since approval of its prior project an	22214
exceptional increase in enrollment significantly above the	22215
district's design capacity under that prior project as determined	22216
by rule of the commission.	22217

(2) Notwithstanding division (B)(1) of this section, any	22218
school district that received assistance under sections 3318.01 to	22219
3318.20 of the Revised Code, as those sections existed prior to	22220
May 20, 1997, may receive additional assistance under those	22221
sections, as they exist on and after May 20, 1997, prior to the	22222
expiration of the period of time required under division (B)(1) of	22223
this section, if the percentile in which the school district is	22224
located, as determined under section 3318.011 of the Revised Code,	22225
is eligible for assistance as prescribed in section 3318.02 of the	22226
Revised Code.	22227

The commission may provide assistance under sections 3318.01	22228
to 3318.20 of the Revised Code pursuant to this division to no	22229
more than five school districts per fiscal year until all eligible	22230
school districts have received the additional assistance	22231
authorized under this division. The commission shall establish	22232
application procedures, deadlines, and priorities for funding	22233
projects under this division.	22234

The commission at its discretion may waive current design	22235
specifications it has adopted for projects under sections 3318.01	22236
to 3318.20 of the Revised Code when assessing an application for	22237
additional assistance under this division for the renovation of	22238
classroom facilities constructed or renovated under a school	22239
district's previous project. If the commission finds that a	22240
school district's existing classroom facilities are adequate to	22241
meet all of the school district's needs, the commission may	22242
determine that no additional state assistance be awarded to a	22243
school district under this division.	22244

In order for a school district to be eligible to receive any	22245
additional assistance under this division, the school district	22246
electors shall extend the school district's existing levy	22247
dedicated for maintenance of classroom facilities under Chapter	22248
3318. of the Revised Code, pursuant to section 3318.061 of the	22249
Revised Code or shall provide equivalent alternative maintenance	22250
funds as specified in division (B) of section 3318.06 of the	22251
Revised Code.	22252

(3) Notwithstanding division (B)(1) of this section, any	22253
school district that has received assistance under sections	22254
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	22255
receive additional assistance if the commission decides in favor	22256
of providing such assistance pursuant to section 3318.042 of the	22257
Revised Code.	22258

Sec. 3318.042. (A) The board of education of any school	22259
district that is receiving assistance under sections 3318.01 to	22260
3318.20 of the Revised Code after May 20, 1997, and whose project	22261
is still under construction, may request that the Ohio school	22262
facilities commission examine whether the circumstances prescribed	22263
in either division (B)(1) or (2) of this section exist in the	22264
school district. If the commission so finds, the commission shall	22265
review the school district's original assessment and approved	22266
project under sections 3318.01 to 3318.20 of the Revised Code, and	22267
consider providing additional assistance to the school district to	22268
correct the prescribed conditions found to exist in the district.	22269
Additional assistance under this section shall be limited to	22270
additions to one or more buildings, remodeling of one or more	22271
buildings, or changes to the infrastructure of one or more	22272
buildings.	22273

(B) Consideration of additional assistance to a school	22274
district under this section is warranted in either of the	22275
following circumstances:	22276

(1) Additional work is needed to correct an oversight or	22277
deficiency not identified or included in the district's initial	22278
assessment.	22279

(2) Other conditions exist that, in the opinion of the	22280
comission, warrant additions or remodeling of the project	22281
facilities or changes to infrastructure associated with the	22282
district's project that were not identified in the initial	22283
assessment and plan.	22284

(C) If the commission decides in favor of providing	22285
additional assistance to any school district under this section,	22286
the school district shall be responsible for paying for its	22287
portion of the cost the additions, remodeling, or infrastucture	22288
changes pursuant to section 3318.083 of the Revised Code. If	22289
after making a financial evaluation of the school district, the	22290
commission determines that the school district is unable without	22291
undue hardship, according to the guidelines adopted by the	22292
commission, to fund the school district portion of the increase,	22293
then the state and the school district shall enter into an	22294
agreement whereby the state shall pay the portion of the cost	22295
increase attributable to the school district which is determined	22296
to be in excess of any local resources available to the district	22297
and the district shall thereafter reimburse the state. The	22298
commission shall establish the district's schedule for reimbursing	22299
the state, which shall not extend beyond five years. Debt	22300
incurred under this section shall not be included in the	22301
calculation of the net indebtedness of the school district under	22302
section 133.06 of the Revised Code.	22303

Sec. 3318.052.  (A) At any time after the electors of a	22304
school district have approved either or both a property tax levied	22305
under section 5705.21 or 5705.218 of the Revised Code for the	22306
purpose of general ongoing permanent improvements or a school	22307
district income tax levied under Chapter 5748. of the Revised	22308
Code, the board of education of the school district may do all of	22309
the following:	22310

(1) Within one year following the date of the certification	22311
of the conditional approval of the school district's classroom	22312
facilities project by the Ohio school facilities commission, enter	22313
into a written agreement with the commission, which may be part of	22314
an agreement entered into under section 3318.08 of the Revised	22315
Code, under which the school district board covenants and agrees	22316
to apply a specified amount of the proceeds of that property tax	22317
levy, of that school district income tax, or of securities issued	22318
under this section, or of proceeds from any two or more of those	22319
sources, to pay all or part of the district's portion of the basic	22320
project cost of its classroom facilities project.	22321

(2) Receive as a credit against the amount of bonds	22322
required under sections 3318.05 and 3318.06 of the Revised Code,	22323
to be approved by the electors of the district and issued by the	22324
district board for the district's portion of the basic project	22325
cost of its classroom facilities project in order for the district	22326
to receive state assistance for the project, an amount equal to	22327
the specified amount that the district board covenants and agrees	22328
with the commission to apply as set forth in division (A) (1) of	22329
this section.	22330

(3) Apply the proceeds of either or both such taxes to the	22331
payment of debt charges on and financing costs related to	22332
securities issued under this section and to make any necessary	22333
transfers of funds arising from such a tax to the bond retirement	22334
fund established for those securities from the fund to which the	22335
proceeds of the tax are credited.	22336

(4) Issue securities to provide moneys to pay all or part	22337
of the district's portion of the basic project cost of its	22338
classroom facilities project in accordance with an agreement	22339
entered into under division (A) (1) of this section.	22340

(B) Securities issued under this section shall be Chapter	22341
133. securities and may be issued as general obligation securities	22342
or issued in anticipation of a school district income tax or as	22343
property tax anticipation notes under section 133.24 of the	22344
Revised Code. The district board's resolution authorizing the	22345
issuance and sale of general obligation securities under this	22346
section shall conform to the applicable requirements of section	22347
133.22 or 133.23 of the Revised Code. Securities issued under	22348
this section shall have principal payments during each year after	22349
the year of issuance over a period of not more than twenty-three	22350
years and, if so determined by the district board, during the year	22351
of issuance. Securities issued under this section shall not be	22352
included in the calculation of net indebtedness of the district	22353
under section 133.06 of the Revised Code if the resolution of the	22354
district board authorizing their issuance and sale includes	22355
covenants to appropriate annually from the proceeds of the	22356
property tax levied or of the school district income tax referred	22357
to in division (A) of this section and to continue to levy and	22358
collect the tax in amounts necessary to pay the debt charges on	22359
and financing costs related to the securities as they become due.	22360
No such tax the proceeds of which are pledged, or that the school	22361
district board has covenanted to levy, collect, and appropriate	22362
annually, to pay the debt charges on and financing costs related	22363
to securities issued under this section shall be repealed while	22364
those securities are outstanding. If such a tax is reduced by the	22365
electors of the district or by the district board while those	22366
securities are outstanding, the school district board shall	22367
continue to levy and collect the tax under the authority of the	22368
original election authorizing the tax at a rate in each year that	22369
the board reasonably estimates will produce an amount in that year	22370
equal to the debt charges on the securities in that year.	22371

No state moneys shall be released for a project to which	22372
this section applies until the proceeds of the tax securities	22373
issued under this section that are dedicated for the payment of	22374
the district portion of the basic project cost of its classroom	22375
facilities project are first deposited into the district's project	22376
construction fund.	22377

Sec. 3318.08.  If the requisite favorable vote on the	22378
election is obtained, or if the school district board has resolved	22379
to apply the proceeds of a property tax levy or the proceeds of an	22380
income tax, or a combination of proceeds from such taxes, as	22381
authorized in section 3318.052 of the Revised Code, the Ohio	22382
school facilities commission, upon certification to it of either	22383
the results of the election or the resolution under section	22384
3318.052 of the Revised Code, shall enter into a written agreement	22385
with the school district board for the construction and sale of	22386
the project, which agreement shall include, but need not be	22387
limited to, the following provisions:	22388

(A) The sale and issuance of bonds or notes in anticipation	22389
thereof, as soon as practicable after the execution of the	22390
agreement, in an amount equal to the school district's portion of	22391
the basic project cost, including any bonds previously authorized	22392
by the district's electors as described in section 3318.033 of the	22393
Revised Code; provided, that if at that time the county treasurer	22394
of each county in which the school district is located has not	22395
commenced the collection of taxes on the general duplicate of real	22396
and public utility property for the year in which the controlling	22397
board approved the project, the school district board shall	22398
authorize the issuance of a first installment of bond anticipation	22399
notes in an amount specified by the agreement, which amount shall	22400
not exceed an amount necessary to raise the net bonded	22401
indebtedness of the school district as of the date of the	22402
controlling board's approval to within five thousand dollars of	22403
the required level of indebtedness for the preceding year. In the	22404
event that a first installment of bond anticipation notes is	22405
issued, the school district board shall, as soon as practicable	22406
after the county treasurer of each county in which the school	22407
district is located has commenced the collection of taxes on the	22408
general duplicate of real and public utility property for the year	22409
in which the controlling board approved the project, authorize the	22410
issuance of a second and final installment of bond anticipation	22411
notes or a first and final issue of bonds.	22412

The combined value of the first and second installment of	22413
bond anticipation notes or the value of the first and final issue	22414
of bonds shall be equal to the school district's portion of the	22415
basic project cost. The proceeds of any such bonds shall be used	22416
first to retire any bond anticipation notes. Otherwise, the	22417
proceeds of such bonds and of any bond anticipation notes, except	22418
the premium and accrued interest thereon, shall be deposited in	22419
the school district's project construction fund. In determining	22420
the amount of net bonded indebtedness for the purpose of fixing	22421
the amount of an issue of either bonds or bond anticipation notes,	22422
gross indebtedness shall be reduced by moneys in the bond	22423
retirement fund only to the extent of the moneys therein on the	22424
first day of the year preceding the year in which the controlling	22425
board approved the project. Should there be a decrease in the tax	22426
valuation of the school district so that the amount of	22427
indebtedness that can be incurred on the tax duplicates for the	22428
year in which the controlling board approved the project is less	22429
than the amount of the first installment of bond anticipation	22430
notes, there shall be paid from the school district's project	22431
construction fund to the school district's bond retirement fund to	22432
be applied against such notes an amount sufficient to cause the	22433
net bonded indebtedness of the school district, as of the first	22434
day of the year following the year in which the controlling board	22435
approved the project, to be within five thousand dollars of the	22436
required level of indebtedness for the year in which the	22437
controlling board approved the project. The maximum amount of	22438
indebtedness to be incurred by any school district board as its	22439
share of the cost of the project is either an amount that will	22440
cause its net bonded indebtedness, as of the first day of the year	22441
following the year in which the controlling board approved the	22442
project, to be within five thousand dollars of the required level	22443
of indebtedness, or an amount equal to the required percentage of	22444
the basic project costs, whichever is greater. All bonds and bond	22445
anticipation notes shall be issued in accordance with Chapter 133.	22446
of the Revised Code, and notes may be renewed as provided in	22447
section 133.22 of the Revised Code.	22448

(B)(1) The transfer of such funds of the school district	22449
board available for the project, together with the proceeds of the	22450
sale of the bonds or notes, except premium, accrued interest, and	22451
interest included in the amount of the issue, to the school	22452
district's project construction fund;	22453

(2) If section 3318.052 of the Revised Code applies, the	22454
earmarking of the proceeds of a tax levied under section 5705.21	22455
of the Revised Code for general ongoing permanent improvements or	22456
the proceeds of a school district income tax levied under Chapter	22457
5748. of the Revised Code, or the proceeds from a combination of	22458
those two taxes, in an amount to pay all or part of the service	22459
charges on bonds issued to pay the school district portion of the	22460
project and an amount equivalent to all or part of the tax	22461
required under division (B) of section 3318.05 of the Revised	22462
Code.	22463

(C) If section 3318.052 of the Revised Code does not apply,	22464
either of the following:	22465

(1) The levy of the tax authorized at the election for the	22466
payment of maintenance costs, as specified in division (B) of	22467
section 3318.05 of the Revised Code;	22468

(2) If the school district electors have approved a	22469
continuing tax of at least two mills for each dollar of valuation	22470
for general ongoing permanent improvements under section 5705.21	22471
of the Revised Code and that tax can be used for maintenance, the	22472
earmarking of an amount of the proceeds from such tax for	22473
maintenance of classroom facilities as specified in division (B)	22474
of section 3318.05 of the Revised Code.	22475

(D) Ownership of or interest in the project during the	22476
period of construction, which shall be divided between the	22477
commission and the school district board in proportion to their	22478
respective contributions to the school district's project	22479
construction fund;	22480

(E) Maintenance of the state's interest in the project until	22481
any obligations issued for the project under section 3318.26 of	22482
the Revised Code are no longer outstanding;	22483

(F) The insurance of the project by the school district from	22484
the time there is an insurable interest therein and so long as the	22485
state retains any ownership or interest in the project pursuant to	22486
division (D) of this section, in such amounts and against such	22487
risks as the commission shall require; provided, that the cost of	22488
any required insurance until the project is completed shall be a	22489
part of the basic project cost;	22490

(G) The certification by the director of budget and	22491
management that funds are available and have been set aside to	22492
meet the state's share of the basic project cost as approved by	22493
the controlling board pursuant to section 3318.04 of the Revised	22494
Code;	22495

(H) Authorization of the school district board to advertise	22496
for and receive construction bids for the project, for and on	22497
behalf of the commission, and to award contracts in the name of	22498
the state subject to approval by the commission;	22499

(I) Provisions for the disbursement of moneys from the	22500
school district's project account upon issuance by the commission	22501
or the commission's designated representative of vouchers for work	22502
done to be certified to the commission by the treasurer of the	22503
school district board;	22504

(J) Disposal of any balance left in the school district's	22505
project construction fund upon completion of the project;	22506

(K) Limitations upon use of the project or any part of it so	22507
long as any obligations issued to finance the project under	22508
section 3318.26 of the Revised Code are outstanding;	22509

(L) Provision for vesting the state's interest in the	22510
project to the school district board when the obligations issued	22511
to finance the project under section 3318.26 of the Revised Code	22512
are outstanding;	22513

(M) Provision for deposit of an executed copy of the	22514
agreement in the office of the commission;	22515

(N) Provision for termination of the contract and release of	22516
the funds encumbered at the time of the conditional approval, if	22517
the proceeds of the sale of the bonds of the school district board	22518
are not paid into the school district's project construction fund	22519
and if bids for the construction of the project have not been	22520
taken within such period after the execution of the agreement as	22521
may be fixed by the commission;	22522

(O) Provision for the school district to maintain the	22523
project in accordance with a plan approved by the commission;	22524

(P) Provision that all state funds reserved and encumbered	22525
to pay the state share of the cost of the project pursuant to	22526
section 3318.03 of the Revised Code be spent on the construction	22527
or acquisition of the project prior to the expenditure of any	22528
funds provided by the school district to pay for its share of the	22529
project cost, unless the school district certifies to the	22530
commission that expenditure by the school district is necessary to	22531
maintain the tax-exempt status of notes or bonds issued by the	22532
school district to pay for its share of the project cost in which	22533
case, the school district may commit to spend, or spend, a portion	22534
of the funds it provides;	22535

(Q) A provision stipulating that the commission may prohibit	22536
the district from proceeding with any project if the commission	22537
determines that the site is not suitable for construction	22538
purposes. The commission may perform soil tests in its	22539
determination of whether a site is appropriate for construction	22540
purposes.	22541

(R) A provision stipulating that, unless otherwise	22542
authorized by the commission, any contingency reserve portion of	22543
the construction budget prescribed by the commission shall be used	22544
only to pay costs resulting from unforeseen job conditions, to	22545
comply with rulings regarding building and other codes, to pay	22546
costs related to design clarifications or corrections to contract	22547
documents, and to pay the costs of settlements or judgments	22548
related to the project as provided under section 3318.086 of the	22549
Revised Code.	22550

Sec. 3318.084.  (A) Notwithstanding anything to the contrary	22551
in Chapter 3318. of the Revised Code, a school district board may	22552
apply any local donated contribution toward the either or both of	22553
the following:	22554

(1) The district's portion of the basic project cost of a	22555
project under sections 3318.01 to 3318.20 of the Revised Code and	22556
may use such local donated contribution to reduce the amount of	22557
bonds the district otherwise must issue in order to receive state	22558
assistance under those sections;	22559

(2) An offset of all or part of a district's obligation to	22560
levy the tax described in division (B) of section 3318.05 of the	22561
Revised Code, which shall be applied only in the manner prescribed	22562
in division (B) of this section.	22563

(B) No school district board shall apply any local donated	22564
contribution under division (A)(2) of this section unless the Ohio	22565
school facilities commission first approves that application.	22566

Upon the request of the school district board to apply	22567
local donated contribution under division (A)(2) of this section,	22568
the commission in consultation with the department of taxation	22569
shall determine the amount of total revenue that likely would be	22570
generated by one-half mill of the tax described in division (B) of	22571
section 3318.05 of the Revised Code over the entire	22572
twenty-three-year period required under that section and shall	22573
deduct from that amount any amount of local donated contribution	22574
that the board has committed to apply under division (A)(2) of	22575
this section. The commission then shall determine in consultation	22576
with the department of taxation the rate of tax over twenty-three	22577
years necessary to generate the amount of a one-half mill tax not	22578
offset by the local donated contribution. Notwithstanding	22579
anything to the contrary in section 3318.06, 3318.061, or 3318.361	22580
of the Revised Code, the rate determined by the commission shall	22581
be the rate for which the district board shall seek elector	22582
approval under those sections to meet its obligation under	22583
division (B) of section 3318.05 of the Revised Code. In the case	22584
of a complete offset of the district's obligation under division	22585
(B) of section 3318.05 of the Revised Code, the district shall not	22586
be required to levy the tax otherwise required under that section.	22587
At the end of the twenty-three-year period of the tax required	22588
under division (B) of section 3318.05 of the Revised Code, whether	22589
or not the tax is actually levied, the commission in consultation	22590
of the department of taxation shall recalculate the amount that	22591
would have been generated by the tax if it had been levied at	22592
one-half mill. If the total amount actually generated over that	22593
period from both the tax that was actually levied and any local	22594
donated contribution applied under division (A)(2) of this section	22595
is less than the amount that would have been raised by a one-half	22596
mill tax, the district shall pay any difference. If the total	22597
amount actually raised in such manner is greater than the amount	22598
that would have been raised by a one-half mill tax the difference	22599
shall be zero and no payments shall be made by either the district	22600
or the commission.	22601

(C) As used in this section, "local donated contribution"	22602
means either of the following:	22603

(A)(1) Any moneys irrevocably donated or granted to a school	22604
district board by a source other than the state which the board	22605
has the authority to apply to the school district's project under	22606
sections 3318.01 to 3318.20 of the Revised Code and which the	22607
board has pledged for that purpose by resolution adopted by a	22608
majority of its members;	22609

(B)(2) Any irrevocable letter of credit issued on behalf of	22610
a school district or any cash a school district has on hand,	22611
including any year-end operating fund balances, that can be spent	22612
for classroom facilities, either of which the school district	22613
board has encumbered for payment of the school district's share of	22614
its project under sections 3318.01 to 3318.20 of the Revised Code	22615
and either of which has been approved by the Ohio school	22616
facilities commission in consultation with the department of	22617
education.	22618

(D) No state moneys shall be released for a project to which	22619
this section applies until any local donated local contribution	22620
authorized under this section is first deposited into the school	22621
district's project construction fund, if applied under division	22622
(A)(1) of this section, or into the district's capital and	22623
maintenance fund if applied under division (A)(2) of this section.	22624

Sec. 3318.086.  The construction budget for any project under	22625
sections 3318.01 to 3318.20 of the Revised Code shall contain a	22626
contingency reserve in an amount prescribed by the Ohio school	22627
facilities commission, which unless otherwise authorized by the	22628
commission, shall be used only to pay costs resulting from	22629
unforeseen job conditions, to comply with rulings regarding	22630
building and other codes, to pay costs related to design	22631
clarifications or corrections to contract documents, and to pay	22632
the costs of settlements or judgments related to the project.	22633

Sec. 3318.10.  When such working drawings, specifications,	22634
and estimates of cost have been approved by the school district	22635
board and the Ohio school facilities commission, the treasurer of	22636
the school district board shall advertise for construction bids	22637
for the project once a week for three consecutive weeks in a	22638
newspaper published in and of general circulation in the county in	22639
which the project is located in accordance with section 3313.46 of	22640
the Revised Code. Such notices shall state that plans and	22641
specifications for the project are on file in the office of the	22642
commission and such other place as may be designated in such	22643
notice, and the time and place when and where bids therefor will	22644
be received.	22645

The form of proposal to be submitted by bidders shall be	22646
supplied by the commission. Bidders may be permitted to bid upon	22647
all the branches of work and materials to be furnished and	22648
supplied, upon any branch thereof, or upon all or any thereof.	22649

A proposal shall be invalid and not considered unless it	22650
meets the requirements of section 153.54 of the Revised Code.	22651

When the construction bids for all branches of work and	22652
materials have been tabulated, the commission shall cause to be	22653
prepared a revised estimate of the basic project cost based upon	22654
the lowest responsible bids received. If such revised estimate	22655
exceeds the estimated basic project cost as approved by the	22656
controlling board pursuant to section 3318.04 of the Revised Code,	22657
no contracts may be entered into pursuant to this section unless	22658
such revised estimate is approved by the commission and by the	22659
controlling board referred to in section 3318.04 of the Revised	22660
Code. When such revised estimate has been prepared, and after	22661
such approvals are given, if necessary, and if the school district	22662
board has caused to be transferred to the project construction	22663
fund the proceeds from the sale of the first or first and final	22664
installment of its bonds or bond anticipation notes pursuant to	22665
the provision of written agreement required by division (B) of	22666
section 3318.08 of the Revised Code, and when the director of	22667
budget and management has certified that there is a balance in the	22668
appropriation, not otherwise obligated to pay precedent	22669
obligations, pursuant to which the state's share of such revised	22670
estimate is required to be paid, the contract for all branches of	22671
work and materials to be furnished and supplied, or for any branch	22672
thereof as determined by the school district board, shall be	22673
awarded by the school district board to the lowest responsible	22674
bidder subject to the approval of the commission. Such award	22675
shall be made within sixty days after the date on which the bids	22676
are opened, and the successful bidder shall enter into a contract	22677
within ten days after the successful bidder is notified of the	22678
award of the contract.	22679

Subject to the approval of the commission, the school	22680
district board may reject all bids and readvertise. Any contract	22681
made under this section shall be made in the name of the state and	22682
executed on its behalf by the president and treasurer of the	22683
school district board.	22684

The provisions of sections 153.50 to 153.99 9.312 and 3313.46	22685
of the Revised Code, which are applicable to construction	22686
contracts of boards of education and which permit bids to be made	22687
for two or more trades or kinds of work, shall apply to	22688
construction contracts for the project to the exclusion of	22689
sections 153.01 to 153.20 of the Revised Code applicable to state	22690
construction contracts.	22691

The remedies afforded to any subcontractor, materials	22692
supplier, laborer, mechanic, or persons furnishing material or	22693
machinery for the project under sections 1311.26 to 1311.32 of the	22694
Revised Code, shall apply to contracts entered into under this	22695
section and the itemized statement required by section 1311.26 of	22696
the Revised Code shall be filed with the school district board.	22697

Sec. 3318.31.  (A) The Ohio school facilities commission may	22698
perform any act and ensure the performance of any function	22699
necessary or appropriate to carry out the purposes of, and	22700
exercise the powers granted under, Chapter 3318. of the Revised	22701
Code, including any of the following:	22702

(1) Employ and fix the compensation of such employees as will	22703
facilitate the activities and purposes of the commission, and who	22704
shall serve at the pleasure of the commission.	22705

(2) Adopt, amend, and rescind, pursuant to section 111.15 of	22706
the Revised Code, rules for the administration of programs	22707
authorized under Chapter 3318. of the Revised Code.	22708

(3)(2) Contract with, retain the services of, or designate,	22709
and fix the compensation of, such agents, accountants,	22710
consultants, advisers, and other independent contractors as may be	22711
necessary or desirable to carry out the programs authorized under	22712
Chapter 3318. of the Revised Code.	22713

(4)(3) Receive and accept any gifts, grants, donations, and	22714
pledges, and receipts therefrom, to be used for the programs	22715
authorized under Chapter 3318. of the Revised Code.	22716

(5)(4) Make and enter into all contracts, commitments, and	22717
agreements, and execute all instruments, necessary or incidental	22718
to the performance of its duties and the execution of its rights	22719
and powers under Chapter 3318. of the Revised Code.	22720

(B) The commission shall appoint and fix the compensation of	22721
an executive director who shall serve at the pleasure of the	22722
commission. The executive director shall supervise the operations	22723
of the commission. The executive director also shall employ and	22724
fix the compensation of such employees as will facilitate the	22725
activities and purposes of the commission, who shall serve at the	22726
pleasure of the executive director.	22727

(C) The attorney general shall serve as the legal	22728
representative for the commission and may appoint other counsel as	22729
necessary for that purpose in accordance with section 109.07 of	22730
the Revised Code.	22731

Sec. 3318.36.  (A) As used in this section:	22732

(1) "Ohio school facilities commission," "classroom	22733
facilities," "school district," "school district board," "net	22734
bonded indebtedness," "required percentage of the basic project	22735
costs," "basic project cost," "valuation," and "percentile" have	22736
the same meanings as in section 3318.01 of the Revised Code.	22737

(2) "Required level of indebtedness" means five per cent of	22738
the school district's valuation for the year preceding the year in	22739
which the commission and school district enter into an agreement	22740
under division (B) of this section, plus [two one-hundredths of	22741
one per cent multiplied by (the percentile in which the district	22742
ranks in the fiscal year the commission and the school district	22743
enter into such agreement minus one)].	22744

(3) "Local resources" means any moneys generated in any	22745
manner permitted for a school district board to raise the school	22746
district portion of a project undertaken with assistance under	22747
sections 3318.01 to 3318.20 of the Revised Code.	22748

(B)(1) There is hereby established the school building	22749
assistance expedited local partnership program. Under the	22750
program, the Ohio school facilities commission may enter into an	22751
agreement with the school district board of any school district	22752
under which the school district board may proceed with the new	22753
construction or major repairs of a part of the school district's	22754
classroom facilities needs, as determined under sections 3318.01	22755
to 3318.20 of the Revised Code, through the expenditure of local	22756
resources prior to the school district's eligibility for state	22757
assistance under sections 3318.01 to 3318.20 of the Revised Code	22758
and may apply that expenditure toward meeting the school	22759
district's portion of the basic project cost of the total of the	22760
school district's classroom facilities needs, as determined under	22761
sections 3318.01 to 3318.20 of the Revised Code and as	22762
recalculated under division (E) of this section, that are eligible	22763
for state assistance under sections 3318.01 to 3318.20 of the	22764
Revised Code when the school district becomes eligible for such	22765
state assistance. Any school district that is reasonably expected	22766
to receive assistance under sections 3318.01 to 3318.20 of the	22767
Revised Code within two fiscal years from the date the school	22768
district adopts its resolution under division (B) of this section	22769
shall not be eligible to participate in the program.	22770

(2) To participate in the program, a school district board	22771
shall first adopt a resolution certifying to the commission the	22772
board's intent to participate in the program.	22773

The resolution shall specify the approximate date that the	22774
board intends to seek elector approval of any bond or tax measures	22775
or to apply other local resources to use to pay the cost of	22776
classroom facilities to be constructed under this section. The	22777
resolution shall not specify an election sooner than twelve months	22778
after the date the resolution is adopted by the board The	22779
resolution may specify the application of local resources or	22780
elector-approved bond or tax measures after the resolution is	22781
adopted by the board, and in such case the board may proceed with	22782
a discrete portion of its project under this section as soon as	22783
the commission and the controlling board have approved the basic	22784
project cost of the district's classroom facilities needs as	22785
specified in division (D) of this section. The board shall submit	22786
its resolution to the commission not later than ten days after the	22787
date the resolution is adopted by the board.	22788

The commission shall not consider any resolution that is	22789
submitted pursuant to division (B)(2) of this section, as amended	22790
by this amendment, sooner than the effective date of this	22791
amendment September 14, 2000.	22792

(3) Any project under this section shall comply with section	22793
3318.03 of the Revised Code and with any specifications for plans	22794
and materials for classroom facilities adopted by the commission	22795
under section 3318.04 of the Revised Code.	22796

(4) If a school district that enters into an agreement under	22797
this section has not begun a project applying local resources as	22798
provided for under that agreement at the time the district is	22799
notified by the commission that it is eligible to receive state	22800
assistance under sections 3318.01 to 3318.20 of the Revised Code,	22801
all assessment and agreement documents entered into under this	22802
section are void.	22803

(5) Only construction of or repairs to classroom facilities	22804
that have been approved by the commission and have been therefore	22805
included as part of a district's basic project cost qualify for	22806
application of local resources under this section.	22807

(C) Based on the results of the on-site visits and	22808
assessment conducted under division (B)(2) of this section, the	22809
commission shall determine the basic project cost of the school	22810
district's classroom facilities needs. The commission shall	22811
determine the school district's portion of such basic project	22812
cost, which shall be the greater of:	22813

(1) The required percentage of the basic project costs,	22814
determined based on the school district's percentile ranking in	22815
the fiscal year the commission and the school district enter into	22816
the agreement under division (B) of this section;	22817

(2) An amount necessary to raise the school district's net	22818
bonded indebtedness, as of the fiscal year the commission and the	22819
school district enter into the agreement under division (B) of	22820
this section, to within five thousand dollars of the required	22821
level of indebtedness.	22822

(D)(1) When the commission determines the basic project cost	22823
of the classroom facilities needs of a school district and the	22824
school district's portion of that basic project cost under	22825
division (C) of this section, the project shall be conditionally	22826
approved. Such conditional approval shall be submitted to the	22827
controlling board for approval thereof. The controlling board	22828
shall forthwith approve or reject the commission's determination,	22829
conditional approval, and the amount of the state's portion of the	22830
basic project cost; however, no state funds shall be encumbered	22831
under this section. Upon approval by the controlling board, the	22832
school district board may identify a discrete part of its	22833
classroom facilities needs, which shall include only new	22834
construction of or additions or major repairs to a particular	22835
building, to address with local resources. Upon identifying a	22836
part of the school district's basic project cost to address with	22837
local resources, the school district board may allocate any	22838
available school district moneys to pay the cost of that	22839
identified part, including the proceeds of an issuance of bonds if	22840
approved by the electors of the school district.	22841

All local resources utilized under this division shall first	22842
be deposited in the project construction account required under	22843
section 3318.08 of the Revised Code.	22844

(2) Unless the school district board exercises its option	22845
under division (D)(3) of this section, for a school district to	22846
qualify for participation in the program authorized under this	22847
section, either:	22848

(a) The electors of the school district by a majority vote	22849
shall approve the levy of taxes outside the ten-mill limitation	22850
for a period of twenty-three years at the rate of not less than	22851
one-half mill for each dollar of valuation to be used to pay the	22852
cost of maintaining the classroom facilities included in the basic	22853
project cost as determined by the commission. The form of the	22854
ballot to be used to submit the question whether to approve the	22855
tax required under this division to the electors of the school	22856
district shall be the form for an additional levy of taxes	22857
prescribed in section 3318.361 of the Revised Code.	22858

(b) As authorized under division (C) of section 3318.05 of	22859
the Revised Code, the school district board shall earmark from the	22860
proceeds of a permanent improvement tax levied under section	22861
5705.21 of the Revised Code, an amount equivalent to the	22862
additional tax otherwise required under division (D)(2)(a) of this	22863
section for the maintenance of the classroom facilities included	22864
in the basic project cost as determined by the commission.	22865

(3) A school district board may opt to delay levying the	22866
additional tax required under division (D)(2)(a) of this section	22867
or earmarking of the proceeds of a permanent improvement tax	22868
alternatively required under division (D)(2)(b) of this section	22869
until such time as the school district becomes eligible for state	22870
assistance under sections 3318.01 to 3318.20 of the Revised Code.	22871
In order to exercise its option under this division, the board	22872
shall certify to the commission a resolution indicating the	22873
board's intent to do so prior to entering into an agreement under	22874
division (B) of this section.	22875

(4) If pursuant to division (D)(3) of this section a	22876
district board opts to delay levying an additional tax until the	22877
district becomes eligible for state assistance, it shall submit	22878
the question of levying that tax to the district electors as	22879
follows:	22880

(a) In accordance with section 3318.06 of the Revised Code	22881
if it will also be necessary pursuant to division (E) of this	22882
section to submit a proposal for approval of a bond issue;	22883

(b) In accordance with section 3318.361 of the Revised Code	22884
if it is not necessary to also submit a proposal for approval of a	22885
bond issue pursuant to division (E) of this section.	22886

(5) No state assistance under sections 3318.01 to 3318.20 of	22887
the Revised Code shall be released until a school district board	22888
that adopts and certifies a resolution under this division either	22889
has levied the additional tax or has earmarked the proceeds of a	22890
tax as specified in division (D) of this section.	22891

Any amount required for maintenance under division (D)(2) of	22892
this section shall be deposited into a separate fund as specified	22893
in division (B) of section 3318.05 of the Revised Code.	22894

(E)(1) If the school district becomes eligible for state	22895
assistance under sections 3318.01 to 3318.20 of the Revised Code	22896
based on its percentile ranking as determined under division (B)	22897
of this section, the commission shall conduct a new assessment of	22898
the school district's classroom facilities needs and shall	22899
recalculate the basic project cost based on this new assessment.	22900
The basic project cost recalculated under this division shall	22901
include the amount of expenditures made by the school district	22902
board under division (D)(1) of this section. The commission shall	22903
then recalculate the school district's portion of the new basic	22904
project cost, which shall be the percentage of the original basic	22905
project cost assigned to the school district as its portion under	22906
division (C) of this section. The commission shall deduct the	22907
expenditure of school district moneys made under division (D)(1)	22908
of this section from the school district's portion of the basic	22909
project cost as recalculated under this division. If the amount	22910
of school district resources applied by the school district board	22911
to the school district's portion of the basic project cost under	22912
this section is less than the total amount of such portion as	22913
recalculated under this division, the school district board by a	22914
majority vote of all of its members shall, if it desires to seek	22915
state assistance under sections 3318.01 to 3318.20 of the Revised	22916
Code, adopt a resolution as specified in section 3318.06 of the	22917
Revised Code to submit to the electors of the school district the	22918
question of approval of a bond issue in order to pay any	22919
additional amount of school district portion required for state	22920
assistance. Any tax levy approved under division (D) of this	22921
section satisfies the requirements to levy the additional tax	22922
under section 3318.06 of the Revised Code.	22923

(2) If the amount of school district resources applied by	22924
the school district board to the school district's portion of the	22925
basic project cost under this section is more than the total	22926
amount of such portion as recalculated under this division, within	22927
one year after the school district's portion is recalculated under	22928
division (E)(1) of this section the commission may grant to the	22929
school district the difference between the two calculated	22930
portions, but at no time shall the commission expend any state	22931
funds on a project in an amount greater than the state's portion	22932
of the basic project cost as recalculated under this division.	22933

Any reimbursement under this division shall be only for local	22934
resources the school district has applied toward construction cost	22935
expenditures for the classroom facilities approved by the	22936
commission, which shall not include any financing costs associated	22937
with that construction.	22938

The school district board shall use any moneys reimbursed to	22939
the district under this division to pay off any debt service the	22940
district owes for classroom facilities constructed under its	22941
project under this section before such moneys are applied to any	22942
other purpose.	22943

Sec. 3318.363. (A) This section applies only to a school	22944
district participating in the school building assistance expedited	22945
local partnership program under section 3318.36 of the Revised	22946
Code.	22947

(B) If there is a decrease in the tax valuation of a	22948
school district to which this section applies by ten per cent or	22949
greater from one tax year to the next due to a decrease in the	22950
assessment rate of the taxable property of an electric company	22951
that owns property in the district, as provided for in section	22952
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the	22953
123rd General Assembly, the Ohio school facilities commission	22954
shall calculate or recalculate the state and school district	22955
portions of the basic project cost of the school district's	22956
project by determining the percentile rank in which the district	22957
would be located if such ranking were made using the current year	22958
adjusted valuation per pupil, as calculated and reported to the	22959
commission by the department of education under division (A) of	22960
section 3318.011 of the Revised Code, rather than the three-year	22961
average adjusted valuation per pupil, calculated under division	22962
(B) of that section. For such district, the required percentage	22963
of the basic project cost used to determine the state and school	22964
district shares of that cost under division (C) of section 3318.36	22965
of the Revised Code shall be based on the percentile rank as	22966
calculated under this section rather than as otherwise provided in	22967
division (C)(1) of section 3318.36 of the Revised Code. If the	22968
commission has determined the state and school district portion of	22969
the basic project cost of such a district's project under section	22970
3318.36 of the Revised Code prior to that decrease in tax	22971
valuation, the commission shall adjust the state and school	22972
district shares of the basic project cost of such project in	22973
accordance with this section.	22974

Sec. 3318.50. (A) As used in this section and in section	22975
3318.52 of the Revised Code:	22976

(1) "Start-up community school" means a "new start-up	22977
school" as that term is defined in division (A) of section 3314.02	22978
of the Revised Code.	22979

(2) "Classroom facilities" has the same meaning as in	22980
section 3318.01 of the Revised Code.	22981

(B) There is hereby established the community school	22982
classroom facilities loan guarantee program. Under the program,	22983
the Ohio school facilities commission may guarantee for up to	22984
fifteen years any loan made to the governing authority of a	22985
start-up community school established under Chapter 3314. of the	22986
Revised Code for the sole purpose of assisting the governing board	22987
in acquiring classroom facilities for the community school by	22988
lease, purchase, remodeling of existing facilities, or any other	22989
means except by new construction.	22990

In considering an application for a loan guarantee, the	22991
commission shall apply all usual commercial lending standards to	22992
determine the creditworthiness of the members of the community	22993
school's governing authority. The commission shall not make any	22994
loan guarantee under this section unless the commission has	22995
determined that the members of the community school's governing	22996
authority are creditworthy, that the community school has the	22997
ability to repay the loan, and that the classroom facilities meet	22998
specifications established by the commission under section 3318.51	22999
of the Revised Code.	23000

The agreement between the commission and the governing	23001
authority of a community school for a loan guarantee under this	23002
section shall contain a stipulation holding all members of the	23003
governing authority at the time the agreement is executed jointly	23004
and severally liable in their personal capacity to the state for	23005
the amount of any payment made by the state to pay any default on	23006
a loan guaranteed by that agreement regardless of whether such	23007
members are still members of the governing authority at the time	23008
of the default. The agreement shall require each member of the	23009
governing authority to execute a bond or provide other means	23010
satisfactory to the commission to indemnify the state for any	23011
payment made by the state to pay any default on a loan guaranteed	23012
by the agreement.	23013

(C) At no time shall the commission exceed an aggregate	23014
liability of ten million dollars to repay loans guaranteed under	23015
this section.	23016

(D) Any payment made to a lending institution as a result of	23017
default on a loan guaranteed under this section shall be made from	23018
moneys in the community school classroom facilities loan guarantee	23019
fund established under section 3318.52 of the Revised Code.	23020

(E) The commission may assess a fee of up to five hundred	23021
dollars for each loan guaranteed under this section.	23022

Sec. 3318.51. Not later than nine months after the effective	23023
date of this section, the Ohio school facilities commission in	23024
consultation with the office of community school options	23025
established under section 3314.11 of the Revised Code shall	23026
develop specifications for classroom facilities for start-up	23027
community schools established under Chapter 3314. of the Revised	23028
Code.	23029

Sec. 3318.52.  There is hereby established the community	23030
school classroom facilities loan guarantee fund. The fund shall	23031
consist of such moneys as the general assembly appropriates for	23032
the purpose of guaranteeing loans to community schools under	23033
section 3318.50 of the Revised Code. Investment earnings on	23034
moneys in the fund shall be credited to the fund.	23035

Sec. 3319.19.  (A) Upon Except as provided in division (D) of	23036
this section or division (A)(2) of section 3313.37 of the Revised	23037
Code, upon request, the board of county commissioners shall	23038
provide and equip offices in the county for the use of the	23039
superintendent of an educational service center, and shall provide	23040
heat, light, water, and janitorial services for such offices. Such	23041
offices shall be the permanent headquarters of the superintendent	23042
and shall be used by the governing board of the service center	23043
when it is in session. Except as provided in division (B) of this	23044
section, such offices shall be located in the county seat or, upon	23045
the approval of the governing board, may be located outside of the	23046
county seat.	23047

(B) In the case of a service center formed under section	23048
3311.053 of the Revised Code, the governing board shall designate	23049
the site of its offices. The Except as provided in division (D) of	23050
this section or division (A)(2) of section 3313.37 of the Revised	23051
Code, the board of county commissioners of the county in which the	23052
designated site is located shall provide and equip the offices as	23053
under division (A) of this section, but the costs of such offices	23054
and equipment not covered by funds received under section 307.031	23055
of the Revised Code shall be apportioned among the boards of	23056
county commissioners of all counties having any territory in the	23057
area under the control of the governing board, according to the	23058
proportion of local school district pupils under the supervision	23059
of such board residing in the respective counties. Where there is	23060
a dispute as to the amount any board of county commissioners is	23061
required to pay, the probate judge of the county in which the	23062
greatest number of pupils under the supervision of the governing	23063
board reside shall apportion such costs among the boards of county	23064
commissioners and notify each such board of its share of the	23065
costs.	23066

(C) By the first day of March of each year, the	23067
superintendent of public instruction shall certify to the tax	23068
commissioner the ADM and the number of full-time licensed	23069
employees of each educational service center for the purposes of	23070
the distribution of funds to boards of county commissioners	23071
required under division (B) of section 307.031 of the Revised	23072
Code. As used in this section, "ADM" means the formula ADMs of	23073
all the local districts having territory in the service center, as	23074
certified in October of the previous year by the service center	23075
superintendent to the state board of education under section	23076
3317.03 of the Revised Code. As used in this division, "licensed	23077
employee" has the same meaning as in section 307.031 of the	23078
Revised Code.	23079

(D) The superintendent of a service center may annually	23080
submit a proposal approved by the board of county commissioners to	23081
the state superintendent of public instruction, in such manner and	23082
by such date as specified by the state board of education, for a	23083
grant for the board of county commissioners to do one of the	23084
following:	23085

(1) To improve or enhance the offices and equipment provided	23086
under division (A) or (B) of this section or section 3301.0712 of	23087
the Revised Code;	23088

(2) If funds received under division (B) of section 307.031	23089
of the Revised Code are insufficient to provide for the actual	23090
cost of meeting the requirements of division (A) or (B) of section	23091
3319.19 and division (A)(2) of section 3301.0712 of the Revised	23092
Code, to provide funds to meet such costs.	23093

Any service center superintendent intending to submit a	23094
proposal shall submit it to the board of county commissioners that	23095
provides and equips the office of the superintendent for approval	23096
at least twenty days before the date of submission to the	23097
superintendent of public instruction. The superintendent of	23098
public instruction shall evaluate the proposals and select those	23099
that will most benefit the local districts supervised by the	23100
governing boards under standards adopted by the state board. For	23101
each proposal selected for a grant, the superintendent of public	23102
instruction shall determine the grant amount and, with the	23103
approval of the superintendent and the board of county	23104
commissioners, may modify a grant proposal to reflect the amount	23105
of money available for the grant. The superintendent of public	23106
instruction shall notify the board of county commissioners and the	23107
tax commissioner of the selection of the proposal as submitted or	23108
modified and the amount of the grant. If, pursuant to division	23109
(C) of section 307.031 of the Revised Code, the board of county	23110
commissioners accepts the proposal and grant, it shall expend the	23111
funds as specified in the grant proposal. If the board of county	23112
commissioners rejects the proposal and grant, the superintendent	23113
of public instruction may select another proposal from among the	23114
district proposals that initially failed to be selected for a	23115
grant.	23116

The state board of education shall adopt rules to implement	23117
the requirements of this section Not later than the thirty-first	23118
day of March of 2002, 2003, 2004, and 2005 a board of county	23119
commissioners required to provide or equip offices pursuant to	23120
division (A) or (B) of this section shall make a written estimate	23121
of the total cost it will incur for the ensuing fiscal year to	23122
provide and equip the offices and to provide heat, light, water,	23123
and janitorial services for such offices. The total estimate of	23124
cost shall include:	23125

(1) The total square feet of space to be utilized by the	23126
educational service center;	23127

(2) The total square feet of any common areas that should	23128
be reasonably allocated to the center and the methodology for	23129
making this allocation;	23130

(3) The actual cost per square foot for both the space	23131
utilized by and the common area allocated to the center;	23132

(4) An explanation of the methodology used to determine the	23133
per square foot cost;	23134

(5) The estimated cost of providing heat, light, and	23135
water, including an explanation of how these costs were	23136
determined;	23137

(6) The estimated cost of providing janitorial services	23138
including an explanation of the methodology used to determine this	23139
cost;	23140

(7) Any other estimated costs that the board anticipates it	23141
will occur and a detailed explanation of the costs and the	23142
rationale used to determine such costs.	23143

A copy of the total estimate of costs under this division	23144
shall be sent to the superintendent of the educational service	23145
center not later than the fifth day of April. The superintendent	23146
shall review the total estimate and shall notify the board of	23147
county commissioners not later than twenty days after receipt of	23148
the estimate of either agreement with the estimate or any specific	23149
objections to the estimates and the reasons for the objections. If	23150
the superintendent agrees with the estimate, it shall become the	23151
final total estimate of cost. Failure of the superintendent to	23152
make objections to the estimate by the twentieth day after receipt	23153
of it shall be deemed to mean that the superintendent is in	23154
agreement with the estimate.	23155

If the superintendent provides specific objections to the	23156
board of county commissioners, the board shall review the	23157
objections and may modify the original estimate and shall send a	23158
revised total estimate to the superintendent within ten days after	23159
the receipt of the superintendent's objections. The	23160
superintendent shall respond to the revised estimate within ten	23161
days after its receipt. If the superintendent agrees with it, it	23162
shall become the final total estimated cost. If the	23163
superintendent fails to respond within the required time, the	23164
superintendent shall be deemed to have agreed with the revised	23165
estimate. If the superintendent disagrees with the revised	23166
estimate, the superintendent shall send specific objections to the	23167
county commissioners.	23168

If a superintendent has sent specific objections to the	23169
revised estimate within the required time, the probate judge of	23170
the county which has the greatest number of resident local school	23171
district pupils under the supervision of the educational service	23172
center shall determine the final estimated cost and certify this	23173
amount to the superintendent and the board of county commissioners	23174
prior to the first day of July.	23175

(D)(1) A board of county commissioners shall be responsible	23176
for the following percentages of the final total estimated cost	23177
established by division (C) of this section:	23178

(a) Eighty per cent for fiscal year 2003;

23179

(b) Sixty per cent for fiscal year 2004;

23180

(c) Forty per cent for fiscal year 2005;

23181

(d) Twenty per cent for fiscal year 2006.

23182

In fiscal years 2003, 2004, 2005, and 2006 the educational	23183
service center shall be responsible for the remainder of any costs	23184
in excess of the amounts specified in division (D)(1)(a),(b), or	23185
(c) of this section, as applicable, associated with the provision	23186
and equipment of offices for the educational service center and	23187
for provision of heat, light, water, and janitorial services for	23188
such offices, including any unanticipated or unexpected increases	23189
in the costs beyond the final estimated cost amount.	23190

Beginning in fiscal year 2007, no board of county	23191
commissioners shall have any obligation to provide and equip	23192
offices for an educational service center or to provide heat,	23193
light, water, or janitorial services for such offices.	23194

(2) Nothing in this section shall prohibit the board of	23195
county commissioners and the governing board of an educational	23196
service center from entering into a contract for providing and	23197
equipping offices for the use of an educational service center and	23198
for providing heat, light, water, and janitorial services for such	23199
offices. The term of any such contract shall not exceed a period	23200
of four years and may be renewed for additional periods not to	23201
exceed four years. Any such contract shall supersede the	23202
provisions of division (D)(1) of this section and no educational	23203
service center may be charged, at any time, any additional amount	23204
for the county's provision of an office and equipment, heat,	23205
light, water, and janitorial services beyond the amount specified	23206
in such contract.	23207

(3) No contract entered into under division (D)(2) of this	23208
section in any year prior to fiscal year 2007 between an	23209
educational service center formed under section 3311.053 of the	23210
Revised Code and the board of county commissioners required to	23211
provide and equip its office pursuant to division (B) of this	23212
section shall take effect unless the boards of county	23213
commissioners of all other counties required to participate in	23214
the funding for such offices pursuant to division (B) of this	23215
section adopt resolutions approving the contract.	23216

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	23217
"guardian," or "other person having charge or care of a child"	23218
means either parent unless the parents are separated or divorced	23219
or their marriage has been dissolved or annulled, in which case	23220
"parent" means the parent who is the residential parent and legal	23221
custodian of the child. If the child is in the legal or permanent	23222
custody of a person or government agency, "parent" means that	23223
person or government agency. When a child is a resident of a	23224
home, as defined in section 3313.64 of the Revised Code, and the	23225
child's parent is not a resident of this state, "parent,"	23226
"guardian," or "other person having charge or care of a child"	23227
means the head of the home.	23228

A child between six and eighteen years of age is "of	23229
compulsory school age" for the purpose of sections 3321.01 to	23230
3321.13 of the Revised Code. A child under six years of age who	23231
has been enrolled in kindergarten also shall be considered "of	23232
compulsory school age" for the purpose of sections 3321.01 to	23233
3321.13 of the Revised Code unless at any time the child's parent	23234
or guardian, at the parent's or guardian's discretion and in	23235
consultation with the child's teacher and principal, formally	23236
withdraws the child from kindergarten. The compulsory school age	23237
of a child shall not commence until the beginning of the term of	23238
such schools, or other time in the school year fixed by the rules	23239
of the board of the district in which the child resides.	23240

(2) No child shall be admitted to a kindergarten or a first	23241
grade of a public school in a district in which all children are	23242
admitted to kindergarten and the first grade in August or	23243
September unless the child is five or six years of age,	23244
respectively, by the thirtieth day of September of the year of	23245
admittance, or by the first day of a term or semester other than	23246
one beginning in August or September in school districts granting	23247
admittance at the beginning of such term or semester, except that	23248
in those school districts using or obtaining educationally	23249
accepted standardized testing programs for determining entrance,	23250
as approved by the board of education of such districts, the board	23251
shall admit a child to kindergarten or the first grade who fails	23252
to meet the age requirement, provided the child meets necessary	23253
standards as determined by such standardized testing programs. If	23254
the board of education has not established a standardized testing	23255
program, the board shall designate the necessary standards and a	23256
testing program it will accept for the purpose of admitting a	23257
child to kindergarten or first grade who fails to meet the age	23258
requirement. Each child who will be the proper age for entrance	23259
to kindergarten or first grade by the first day of January of the	23260
school year for which admission is requested shall be so tested	23261
upon the request of the child's parent.	23262

(3) Notwithstanding divisions (A)(2) and (D) of this	23263
section, beginning with the school year that starts in 2001 and	23264
continuing thereafter the board of education of any district may	23265
adopt a resolution establishing the first day of August in lieu of	23266
the thirtieth day of September as the required date by which	23267
students must have attained the age specified in those divisions.	23268

(B) As used in divisions (C) and (D) of this section,	23269
"successfully completed kindergarten" and "successful completion	23270
of kindergarten" mean that the child has completed the	23271
kindergarten requirements at one of the following:	23272

(1) A public or chartered nonpublic school;

23273

(2) A kindergarten class that is both of the following:

23274

(a) Offered by a day-care provider licensed under Chapter	23275
5104. of the Revised Code;	23276

(b) If offered after July 1, 1991, is directly taught by a	23277
teacher who holds one of the following:	23278

(i) A valid educator license issued under section 3319.22 of	23279
the Revised Code;	23280

(ii) A Montessori preprimary credential or age-appropriate	23281
diploma granted by the American Montessori society or the	23282
association Montessori internationale;	23283

(iii) Certification determined under division (G) of this	23284
section to be equivalent to that described in division	23285
(B)(2)(b)(ii) of this section;	23286

(iv) Certification for teachers in nontax-supported schools	23287
pursuant to section 3301.071 of the Revised Code.	23288

(C) Except as provided in division (D) of this section, no	23289
school district shall admit to the first grade any child who has	23290
not successfully completed kindergarten.	23291

(D) Upon request of a parent, the requirement of division	23292
(C) of this section may be waived by the district's pupil	23293
personnel services committee in the case of a child who is at	23294
least six years of age by the thirtieth day of September of the	23295
year of admittance and who demonstrates to the satisfaction of the	23296
committee the possession of the social, emotional, and cognitive	23297
skills necessary for first grade.	23298

The board of education of each city, local, and exempted	23299
village school district shall establish a pupil personnel services	23300
committee. The committee shall be composed of all of the	23301
following to the extent such personnel are either employed by the	23302
district or employed by the governing board of the educational	23303
service center within whose territory the district is located and	23304
the educational service center generally furnishes the services of	23305
such personnel to the district:	23306

(1) The director of pupil personnel services;

23307

(2) An elementary school counselor;

23308

(3) An elementary school principal;

23309

(4) A school psychologist;

23310

(5) A teacher assigned to teach first grade;

23311

(6) A gifted coordinator.

23312

The responsibilities of the pupil personnel services	23313
committee shall be limited to the issuing of waivers allowing	23314
admittance to the first grade without the successful completion of	23315
kindergarten. The committee shall have no other authority except	23316
as specified in this section.	23317

(E) The scheduling of times for kindergarten classes and	23318
length of the school day for kindergarten shall be determined by	23319
the board of education of a city, exempted village, or local	23320
school district.	23321

(F) Any kindergarten class offered by a day-care provider or	23322
school described by division (B)(1) or (B)(2)(a) of this section	23323
shall be developmentally appropriate.	23324

(G) Upon written request of a day-care provider described by	23325
division (B)(2)(a) of this section, the department of education	23326
shall determine whether certification held by a teacher employed	23327
by the provider meets the requirement of division (B)(2)(b)(iii)	23328
of this section and, if so, shall furnish the provider a statement	23329
to that effect.	23330

Sec. 3323.09.  (A) As used in this section:

23331

(1) "Home" has the meaning given in section 3313.64 of the	23332
Revised Code;	23333

(2) "Preschool child" means a child who is at least age three	23334
but under age six on the thirtieth day of September of an academic	23335
year.	23336

(B) Each county MR/DD board shall establish special	23337
education programs for all handicapped children who in accordance	23338
with section 3323.04 of the Revised Code have been placed in	23339
special education programs operated by the county board and for	23340
preschool children who are developmentally delayed or at risk of	23341
being developmentally delayed. The board annually shall submit to	23342
the department of education a plan for the provision of these	23343
programs and, if applicable, a request for approval of units under	23344
section 3317.05 of the Revised Code. The superintendent of public	23345
instruction shall review the plan and approve or modify it in	23346
accordance with rules adopted by the state board of education	23347
under section 3301.07 of the Revised Code. The superintendent of	23348
public instruction shall compile the plans submitted by county	23349
boards and shall submit a comprehensive plan to the state board of	23350
education.	23351

A county MR/DD board may combine transportation for children	23352
enrolled in classes funded under section 3317.20 or units approved	23353
under section 3317.05 with transportation for children and adults	23354
enrolled in programs and services offered by the board under	23355
section 5126.12 of the Revised Code.	23356

(C) A county MR/DD board that during the school year	23357
provided special education pursuant to this section for any	23358
mentally handicapped child under twenty-two years of age shall	23359
prepare and submit the following reports and statements:	23360

(1) The board shall prepare a statement for each child who	23361
at the time of receiving such special education was a resident of	23362
a home and was not in the legal or permanent custody of an Ohio	23363
resident or a government agency in this state, and whose parents	23364
are not known to have been residents of this state subsequent to	23365
the child's birth. The statement shall contain the child's name,	23366
the name of his the child's school district of residence, the name	23367
of the county board providing the special education, and the	23368
number of months, including any fraction of a month, it was	23369
provided. Not later than the thirtieth day of June, the board	23370
shall forward a certified copy of such statement to both the	23371
director of mental retardation and developmental disabilities and	23372
to the home.	23373

Within thirty days after its receipt of a statement, the home	23374
shall pay tuition to the county board computed in the manner	23375
prescribed by section 3323.141 of the Revised Code.	23376

(2) The board shall prepare a report for each school	23377
district that is the school district of residence of one or more	23378
of such children for whom statements are not required by division	23379
(C)(1) of this section. The report shall contain the name of the	23380
county board providing special education, the name of each child	23381
receiving special education, the number of months, including	23382
fractions of a month, that he the child received it, and the name	23383
of the child's school district of residence. Not later than the	23384
thirtieth day of June, the board shall forward certified copies of	23385
each report to the school district named in the report, the	23386
superintendent of public instruction, and the director of mental	23387
retardation and developmental disabilities.	23388

Sec. 3323.091.  (A) The department of mental health, the	23389
department of mental retardation and developmental disabilities,	23390
the department of youth services, and the department of	23391
rehabilitation and correction shall establish and maintain special	23392
education programs for handicapped children in institutions under	23393
their jurisdiction according to standards adopted by the state	23394
board of education. The superintendent of each institution	23395
providing special education under this chapter may apply to the	23396
state department of education for unit funding, which shall be	23397
paid in accordance with sections 3317.161 3317.052 and 3317.162	23398
3317.053 of the Revised Code.	23399

(B) On or before the thirtieth day of June of each year, the	23400
superintendent of each institution that during the school year	23401
provided special education pursuant to this section shall prepare	23402
a statement for each handicapped child under twenty-two years of	23403
age who has received special education. The statement shall	23404
contain the child's name and the name of the child's school	23405
district of residence. Within sixty days after receipt of such	23406
statement, the department of education shall perform one of the	23407
following:	23408

(1) For any child except a handicapped preschool child	23409
described in division (B)(2) of this section, pay to the	23410
institution submitting the statement an amount equal to the	23411
tuition calculated under division (A) of section 3317.08 of the	23412
Revised Code for the period covered by the statement, and deduct	23413
the same from the amount of state funds, if any, payable under	23414
sections 3317.022 and 3317.023 of the Revised Code, to the child's	23415
school district of residence or, if the amount of such state funds	23416
is insufficient, require the child's school district of residence	23417
to pay the institution submitting the statement an amount equal to	23418
the amount determined under this division.	23419

(2) For any handicapped preschool child not included in a	23420
unit approved under division (B) of section 3317.05 of the Revised	23421
Code, perform the following:	23422

(a) Pay to the institution submitting the statement an	23423
amount equal to the tuition calculated under division (B) of	23424
section 3317.08 of the Revised Code for the period covered by the	23425
statement, except that in calculating the tuition under that	23426
section the operating expenses of the institution submitting the	23427
statement under this section shall be used instead of the	23428
operating expenses of the school district of residence;	23429

(b) Deduct from the amount of state funds, if any, payable	23430
under sections 3317.022 and 3317.023 of the Revised Code to the	23431
child's school district of residence an amount equal to the amount	23432
paid under division (B)(2)(a) of this section.	23433

Sec. 3327.10.  (A) No person shall be employed as driver of	23434
a school bus or motor van, owned and operated by any school	23435
district or educational service center or privately owned and	23436
operated under contract with any school district or service center	23437
in this state, who has not received a certificate from the	23438
educational service center governing board in case such person is	23439
employed by a service center or by a local school district under	23440
the supervision of the service center governing board, or by the	23441
superintendent of schools, in case such person is employed by the	23442
board of a city or exempted village school district, certifying	23443
that such person is at least eighteen years of age and is of good	23444
moral character and is qualified physically and otherwise for such	23445
position. The service center governing board or the	23446
superintendent, as the case may be, shall provide for an annual	23447
physical examination that conforms with rules adopted by the state	23448
board of education of each driver to ascertain his the driver's	23449
physical fitness for such employment. Any certificate may be	23450
revoked by the authority granting the same on proof that the	23451
holder has been guilty of failing to comply with division (D)(1)	23452
of this section, or upon a conviction or a guilty plea for a	23453
violation, or any other action, that results in a loss or	23454
suspension of driving rights. Failure to comply with such	23455
division may be cause for disciplinary action or termination of	23456
employment under division (C) of section 3319.081, or section	23457
124.34 of the Revised Code.	23458

(B) No person shall be employed as driver of a school bus or	23459
motor van not subject to the rules of the department of education	23460
pursuant to division (A) of this section who has not received a	23461
certificate from the school administrator or contractor certifying	23462
that such person is at least eighteen years of age, is of good	23463
moral character, and is qualified physically and otherwise for	23464
such position. Each driver shall have an annual physical	23465
examination which conforms to the state highway patrol rules,	23466
ascertaining his the driver's physical fitness for such	23467
employment. Any The examination shall be performed by one of the	23468
following:	23469

(1) A person licensed under Chapter 4731. of the Revised Code	23470
or by another state to practice medicine and surgery or	23471
osteopathic medicine and surgery;	23472

(2) A registered nurse who holds a certificate of authority	23473
issued under Chapter 4723. of the Revised Code to practice as a	23474
certified nurse practitioner or clinical nurse specialist and is	23475
practicing pursuant to a standard care arrangement with a	23476
collaborating physician.	23477

Any certificate may be revoked by the authority granting the	23478
same on proof that the holder has been guilty of failing to comply	23479
with division (D)(2) of this section.	23480

(C) Any person who drives a school bus or motor van must	23481
give satisfactory and sufficient bond except a driver who is an	23482
employee of a school district and who drives a bus or motor van	23483
owned by the school district.	23484

(D) No person employed as driver of a school bus or motor	23485
van under this section who is convicted of a traffic violation or	23486
who has had his the person's commercial driver's license suspended	23487
or revoked shall drive a school bus or motor van until such person	23488
has filed a written notice of such conviction, suspension, or	23489
revocation as follows:	23490

(1) If he the person is employed under division (A) of this	23491
section, such notice shall be filed with the superintendent, or a	23492
person designated by the superintendent, of the school district	23493
for which such person drives a school bus or motor van as an	23494
employee or drives a privately owned and operated school bus or	23495
motor van under contract.	23496

(2) If employed under division (B) of this section, such	23497
notice shall be filed with the employing school administrator or	23498
contractor, or a person designated by the administrator or	23499
contractor.	23500

(E) In addition to resulting in possible revocation of a	23501
certificate as authorized by divisions (A) and (B) of this	23502
section, violation of division (D) of this section is a minor	23503
misdemeanor.	23504

Sec. 3333.02.  The Ohio board of regents shall hold its first	23505
meeting at the call of the governor, within three months after all	23506
members have been appointed and qualified. Meetings thereafter	23507
shall be called in such manner and at such times as prescribed by	23508
rules adopted by the board, but the board shall meet at least four	23509
times annually. A majority of the board constitutes a quorum. At	23510
its first meeting, the board shall organize by selecting a	23511
chairman chairperson, a vice-chairman vice-chairperson, and a	23512
secretary, and such other officers as it deems necessary. The	23513
board shall adopt rules for the conduct of its business, and to	23514
provide for the term and election of officers, and shall establish	23515
an office in Columbus. The rules shall permit the formation of a	23516
quorum and the taking of votes at meetings conducted by	23517
interactive video teleconference if provisions are made for public	23518
attendance at any location involved in such a teleconference.	23519

A record shall be kept of board proceedings, which shall be	23520
open for public inspection. The board shall adopt a seal to be	23521
affixed to official documents. Each member of the board, before	23522
entering on his official duties and after qualifying for office,	23523
shall take and subscribe to an oath of office, to uphold the	23524
constitution and laws of the United States and this state, and to	23525
perform the duties of his office honestly, faithfully, and	23526
impartially.	23527

Sec. 3333.03.  (A) The Ohio board of regents shall appoint a	23528
chancellor to serve at its pleasure and shall prescribe his the	23529
chancellor's duties. The board shall fix the compensation for the	23530
chancellor and for all other professional, administrative, and	23531
clerical employees necessary to assist the board and the	23532
chancellor in the performance of their duties.	23533

(B) The chancellor is the administrative officer of the	23534
board, and is responsible for appointing and fixing the	23535
compensation of all professional, administrative, and clerical	23536
employees and staff members, subject to board approval, who	23537
necessary to assist the board and the chancellor in the	23538
performance of their duties. All employees and staff shall serve	23539
under his the chancellor's direction and control. The chancellor	23540
shall be a person qualified by training and experience to	23541
understand the problems and needs of the state in the field of	23542
higher education and to devise programs, plans, and methods of	23543
solving the problems and meeting the needs.	23544

(C) Neither the chancellor nor any staff member or employee	23545
of the board shall be a trustee, officer, or employee of any	23546
public or private college or university while serving on the	23547
board.	23548

Sec. 3333.043.  (A) As used in this section:

23549

(1) "Institution of higher education" means the state	23550
universities listed in section 3345.011 of the Revised Code,	23551
municipal educational institutions established under Chapter 3349.	23552
of the Revised Code, community colleges established under Chapter	23553
3354. of the Revised Code, university branches established under	23554
Chapter 3355. of the Revised Code, technical colleges established	23555
under Chapter 3357. of the Revised Code, state community colleges	23556
established under Chapter 3358. of the Revised Code, any	23557
institution of higher education with a certificate of registration	23558
from the state board of proprietary school registration, and any	23559
institution for which the Ohio board of regents receives a notice	23560
pursuant to division (C) of this section.	23561

(2) "Community service" has the same meaning as in section	23562
3313.605 of the Revised Code.	23563

(B)(1) The board of trustees or other governing entity of	23564
each institution of higher education shall encourage and promote	23565
participation of students in community service through a program	23566
appropriate to the mission, student population, and environment of	23567
each institution. The program may include, but not be limited to,	23568
providing information about community service opportunities during	23569
student orientation or in student publications; providing awards	23570
for exemplary community service; encouraging faculty members to	23571
incorporate community service into students' academic experiences	23572
wherever appropriate to the curriculum; encouraging recognized	23573
student organizations to undertake community service projects as	23574
part of their purposes; and establishing advisory committees of	23575
students, faculty members, and community and business leaders to	23576
develop cooperative programs that benefit the community and	23577
enhance student experience. The program shall be flexible in	23578
design so as to permit participation by the greatest possible	23579
number of students, including part-time students and students for	23580
whom participation may be difficult due to financial, academic,	23581
personal, or other considerations. The program shall emphasize	23582
community service opportunities that can most effectively use the	23583
skills of students, such as tutoring or literacy programs. The	23584
programs shall encourage students to perform services that will	23585
not supplant the hiring of, result in the displacement of, or	23586
impair any existing employment contracts of any particular	23587
employee of any private or governmental entity for which services	23588
are performed.	23589

(2) The Ohio board of regents shall encourage all	23590
institutions of higher education in the development of community	23591
service programs. With the assistance of the state Ohio community	23592
service advisory committee council created in section 121.40 of	23593
the Revised Code, the board of regents shall make available	23594
information about higher education community service programs to	23595
institutions of higher education and to statewide organizations	23596
involved with or promoting volunteerism, including information	23597
about model community service programs, teacher training courses,	23598
and community service curricula and teaching materials for	23599
possible use by institutions of higher education in their	23600
programs. The board shall encourage institutions of higher	23601
education to jointly coordinate higher education community service	23602
programs through consortia of institutions or other appropriate	23603
means of coordination.	23604

(C) The board of trustees of any nonprofit institution with	23605
a certificate of authorization issued by the Ohio board of regents	23606
pursuant to Chapter 1713. of the Revised Code may notify the board	23607
of regents that it is making itself subject to divisions (A) and	23608
(B) of this section. Upon receipt of such a notice, these	23609
divisions shall apply to that institution.	23610

Sec. 3333.12.  (A) As used in this section:

23611

(1) "Eligible student" means an undergraduate student who is:

23612

(a) An Ohio resident;

23613

(b) Enrolled in either of the following:

23614

(i) An accredited institution of higher education in this	23615
state that meets the requirements of Title VI of the Civil Rights	23616
Act of 1964 and is state-assisted, is nonprofit and has a	23617
certificate of authorization from the Ohio board of regents	23618
pursuant to Chapter 1713. of the Revised Code, or has a	23619
certificate of registration from the state board of proprietary	23620
school registration and program authorization to award an	23621
associate or bachelor's degree. Students who attend an	23622
institution that holds a certificate of registration shall be	23623
enrolled in a program leading to an associate or bachelor's degree	23624
for which associate or bachelor's degree program the institution	23625
has program authorization issued under section 3332.05 of the	23626
Revised Code.	23627

(ii) A technical education program of at least two years	23628
duration sponsored by a private institution of higher education in	23629
this state that meets the requirements of Title VI of the Civil	23630
Rights Act of 1964.	23631

(c) Enrolled as a full-time student or enrolled as a less	23632
than full-time student for the term expected to be the student's	23633
final term of enrollment and is enrolled for the number of credit	23634
hours necessary to complete the requirements of the program in	23635
which the student is enrolled.	23636

(2) "Gross income" includes all taxable and nontaxable income	23637
of the parents, the student, and the student's spouse, except	23638
income derived from an Ohio academic scholarship, income earned by	23639
the student between the last day of the spring term and the first	23640
day of the fall term, and other income exclusions designated by	23641
the board. Gross income may be verified to the board by the	23642
institution in which the student is enrolled using the federal	23643
financial aid eligibility verification process or by other means	23644
satisfactory to the board.	23645

(3) "Resident," "full-time student," "dependent,"	23646
"financially independent," and "accredited" shall be defined by	23647
rules adopted by the board.	23648

(B) The Ohio board of regents shall establish and administer	23649
an instructional grant program and may adopt rules to carry out	23650
this section. The general assembly shall support the	23651
instructional grant program by such sums and in such manner as it	23652
may provide, but the board may also receive funds from other	23653
sources to support the program. If the amounts available for	23654
support of the program are inadequate to provide grants to all	23655
eligible students, preference in the payment of grants shall be	23656
given in terms of income, beginning with the lowest income	23657
category of gross income and proceeding upward by category to the	23658
highest gross income category.	23659

An instructional grant shall be paid to an eligible student	23660
through the institution in which the student is enrolled, except	23661
that no instructional grant shall be paid to any person serving a	23662
term of imprisonment. Applications for such grants shall be made	23663
as prescribed by the board, and such applications may be made in	23664
conjunction with and upon the basis of information provided in	23665
conjunction with student assistance programs funded by agencies of	23666
the United States government or from financial resources of the	23667
institution of higher education. The institution shall certify	23668
that the student applicant meets the requirements set forth in	23669
divisions (A)(1)(b) and (c) of this section. Instructional grants	23670
shall be provided to an eligible student only as long as the	23671
student is making appropriate progress toward a nursing diploma or	23672
an associate or bachelor's degree. No student shall be eligible	23673
to receive a grant for more than ten semesters, fifteen quarters,	23674
or the equivalent of five academic years. A grant made to an	23675
eligible student on the basis of less than full-time enrollment	23676
shall be based on the number of credit hours for which the student	23677
is enrolled and shall be computed in accordance with a formula	23678
adopted by the board. No student shall receive more than one	23679
grant on the basis of less than full-time enrollment.	23680

An instructional grant shall not exceed the total	23681
instructional and general charges of the institution.	23682

(C) The tables in this division prescribe the maximum grant	23683
amounts covering two semesters, three quarters, or a comparable	23684
portion of one academic year. Grant amounts for additional terms	23685
in the same academic year shall be determined under division (D)	23686
of this section.	23687

For a full-time student who is a dependent and enrolled in a	23688
nonprofit educational institution that is not a state-assisted	23689
institution and that has a certificate of authorization issued	23690
pursuant to Chapter 1713. of the Revised Code, the amount of the	23691
instructional grant for two semesters, three quarters, or a	23692
comparable portion of the academic year shall be determined in	23693
accordance with the following table:	23694

Table of Grants

23695

Private Institution

23717

Table of Grants

23718

For a full-time student who is financially independent and	23739
enrolled in a nonprofit educational institution that is not a	23740
state-assisted institution and that has a certificate of	23741
authorization issued pursuant to Chapter 1713. of the Revised	23742
Code, the amount of the instructional grant for two semesters,	23743
three quarters, or a comparable portion of the academic year shall	23744
be determined in accordance with the following table:	23745

Table of Grants

23746

Private Institution

23769

Table of Grants

23770

For a full-time student who is a dependent and enrolled in an	23792
educational institution that holds a certificate of registration	23793
from the state board of proprietary school registration, the	23794
amount of the instructional grant for two semesters, three	23795
quarters, or a comparable portion of the academic year shall be	23796
determined in accordance with the following table:	23797

Table of Grants

23798

Proprietary Institution

23820

Table of Grants

23821

For a full-time student who is financially independent and	23842
enrolled in an educational institution that holds a certificate of	23843
registration from the state board of proprietary school	23844
registration, the amount of the instructional grant for two	23845
semesters, three quarters, or a comparable portion of the academic	23846
year shall be determined in accordance with the following table:	23847

Table of Grants

23848

Proprietary Institution

23871

Table of Grants

23872

For a full-time student who is a dependent and enrolled in a	23894
state-assisted educational institution, the amount of the	23895
instructional grant for two semesters, three quarters, or a	23896
comparable portion of the academic year shall be determined in	23897
accordance with the following table:	23898

Table of Grants

23901

Public Institution

23921

Table of Grants

23922

For a full-time student who is financially independent and	23943
enrolled in a state-assisted educational institution, the amount	23944
of the instructional grant for two semesters, three quarters, or a	23945
comparable portion of the academic year shall be determined in	23946
accordance with the following table:	23947

Table of Grants

23948

Public Institution

23971

Table of Grants

23972

(D) For a full-time student enrolled in an eligible	23994
institution for a semester or quarter in addition to the portion	23995
of the academic year covered by a grant determined under division	23996
(C) of this section, the maximum grant amount shall be a	23997
percentage of the maximum prescribed in the applicable table of	23998
that division. The maximum grant for a fourth quarter shall be	23999
one-third of the maximum amount prescribed under that division.	24000
The maximum grant for a third semester shall be one-half of the	24001
maximum amount prescribed under that division.	24002

(E) No grant shall be made to any student in a course of	24003
study in theology, religion, or other field of preparation for a	24004
religious profession unless such course of study leads to an	24005
accredited bachelor of arts, bachelor of science, associate of	24006
arts, or associate of science degree.	24007

(F)(1) Except as provided in division (F)(2) of this	24008
section, no grant shall be made to any student for enrollment	24009
during a fiscal year in an institution with a cohort default rate	24010
determined by the United States secretary of education pursuant to	24011
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	24012
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	24013
preceding the fiscal year, equal to or greater than thirty per	24014
cent for each of the preceding two fiscal years.	24015

(2) Division (F)(1) of this section does not apply to the	24016
following:	24017

(a) Any student enrolled in an institution that under the	24018
federal law appeals its loss of eligibility for federal financial	24019
aid and the United States secretary of education determines its	24020
cohort default rate after recalculation is lower than the rate	24021
specified in division (F)(1) of this section or the secretary	24022
determines due to mitigating circumstances the institution may	24023
continue to participate in federal financial aid programs. The	24024
board shall adopt rules requiring institutions to provide	24025
information regarding an appeal to the board.	24026

(b) Any student who has previously received a grant under	24027
this section who meets all other requirements of this section.	24028

(3) The board shall adopt rules for the notification of all	24029
institutions whose students will be ineligible to participate in	24030
the grant program pursuant to division (F)(1) of this section.	24031

(4) A student's attendance at an institution whose students	24032
lose eligibility for grants under division (F)(1) of this section	24033
shall not affect that student's eligibility to receive a grant	24034
when enrolled in another institution.	24035

(G) Institutions of higher education that enroll students	24036
receiving instructional grants under this section shall report to	24037
the board all students who have received instructional grants but	24038
are no longer eligible for all or part of such grants and shall	24039
refund any moneys due the state within thirty days after the	24040
beginning of the quarter or term immediately following the quarter	24041
or term in which the student was no longer eligible to receive all	24042
or part of the student's grant. There shall be an interest charge	24043
of one per cent per month on all moneys due and payable after such	24044
thirty-day period. The board shall immediately notify the office	24045
of budget and management and the legislative budget office of the	24046
legislative service commission of all refunds so received.	24047

Sec. 3333.13.  (A) Money appropriated to state supported and	24048
state assisted institutions of higher education and to the Ohio	24049
board of regents for the purposes of this division shall be paid	24050
at the times and in the amounts necessary to meet all payments	24051
required to be made by such institutions and by the board to the	24052
Ohio public facilities commission or treasurer of state pursuant	24053
to leases or agreements made by them under division (B) of section	24054
154.21 of the Revised Code, as certified under division (C) of	24055
this section, including supplements to such certifications.	24056

(B) Each such institution of higher education and the The	24057
board shall include in its estimate of proposed expenses submitted	24058
pursuant to section 126.02 of the Revised Code the estimated	24059
amounts of all such payments to be made by it. The board shall	24060
include the estimated amounts of all such payments to be made by	24061
each such institution and of such payments to be made by it in	24062
recommendations for appropriation required by division (J) of	24063
section 3333.04 of the Revised Code. The director of budget and	24064
management shall include in the state budget estimates provided	24065
for in section 126.02 of the Revised Code the estimated amount of	24066
all such payments to be made during the next biennium, and this	24067
amount shall be included in the state budget to be submitted by	24068
the governor to the general assembly pursuant to section 107.03 of	24069
the Revised Code.	24070

(C) On the first day of July of each year, or as soon	24071
thereafter as is practicable, the chancellor or a vice-chancellor	24072
of the board shall certify to the director the payments contracted	24073
to be made, during the period of the then current appropriations	24074
made for the purposes of division (A) of this section, to the	24075
commission or treasurer of state by each state supported and state	24076
assisted institution of higher education and by the board pursuant	24077
to leases and agreements made under division (B) of section 154.21	24078
of the Revised Code. The certification shall state the amounts	24079
and dates of payment required therefor as to each such institution	24080
of higher education and the board, and the amounts to be credited	24081
pursuant to such leases and agreements to the higher education	24082
bond service trust fund and other special funds established	24083
pursuant to Chapter 154. of the Revised Code. If the director	24084
finds such certification to be correct, the director shall	24085
promptly add the director's certification thereto and submit it to	24086
the treasurer of state. Such annual certification shall be	24087
supplemented in similar manner upon the execution of each new	24088
lease or agreement, any supplement to an existing lease or	24089
agreement, or any amendment thereof, affecting the amounts of	24090
those payments.	24091

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	24092
Revised Code, "term" and "academic year" mean "term" and "academic	24093
year" as defined by the Ohio board of regents.	24094

The board shall establish and administer an academic	24095
scholarship program. Under the program, a total of one thousand	24096
new scholarships shall be awarded annually in the amount of not	24097
less than two thousand dollars per award. At least one such new	24098
scholarship shall be awarded annually to a student in each public	24099
high school and joint vocational school and each nonpublic high	24100
school for which the state board of education prescribes minimum	24101
standards in accordance with section 3301.07 of the Revised Code.	24102

To be eligible for the award of a scholarship, a student	24103
shall be a resident of Ohio and shall be enrolled as a full-time	24104
undergraduate student in an Ohio institution of higher education	24105
that meets the requirements of Title VI of the "Civil Rights Act	24106
of 1964" and is state-assisted, is nonprofit and holds a	24107
certificate of authorization issued under section 1713.02 of the	24108
Revised Code, or holds a certificate of registration and program	24109
authorization issued under section 3332.05 of the Revised Code and	24110
awards an associate or bachelor's degree. Students who attend an	24111
institution holding a certificate of registration shall be	24112
enrolled in a program leading to an associate or bachelor's degree	24113
for which associate or bachelor's degree program the institution	24114
has program authorization to offer the program issued under	24115
section 3332.05 of the Revised Code.	24116

"Resident" and "full-time student" shall be defined by board	24117
rule.	24118

The board shall award the scholarships on the basis of a	24119
formula designed by it to identify students with the highest	24120
capability for successful college study. The formula shall weigh	24121
the factor of achievement, as measured by grade point average, and	24122
the factor of ability, as measured by performance on a competitive	24123
examination specified by the board. Students receiving	24124
scholarships shall be known as "Ohio academic scholars." Annually,	24125
not later than the thirty-first day of July, the board shall	24126
report to the governor and the general assembly on the performance	24127
of current Ohio academic scholars and the effectiveness of its	24128
formula.	24129

Sec. 3333.22.  Each Ohio academic scholarship shall be	24130
awarded for an academic year and may be renewed for each of three	24131
additional academic years. The scholarship amount awarded to a	24132
scholar for an academic year shall be not less than two thousand	24133
dollars. A scholarship shall be renewed if the scholar maintains	24134
an academic record satisfactory to the Ohio board of regents and	24135
meets any of the following conditions:	24136

(A) The scholar is enrolled as a full-time undergraduate;

24137

(B) The scholar was awarded an undergraduate degree in less	24138
than four academic years and is enrolled as a full-time graduate	24139
or professional student in an Ohio institution of higher education	24140
that meets the requirements of Title VI of the "Civil Rights Act	24141
of 1964" and is state-assisted or is nonprofit and holds a	24142
certificate of authorization issued under section 1713.02 of the	24143
Revised Code;	24144

(C) The scholar is a full-time student concurrently enrolled	24145
as an undergraduate student and as a graduate or professional	24146
student in an Ohio institution of higher education that meets the	24147
requirements of division (B) of this section.	24148

Each amount awarded shall be paid in equal installments to	24149
the scholar at the time of enrollment for each term of the	24150
academic year for which the scholarship is awarded or renewed. No	24151
scholar is eligible to receive an Ohio academic scholarship for	24152
more than the equivalent of four academic years.	24153

If an Ohio academic scholar is temporarily unable to attend	24154
school because of illness or other cause satisfactory to the	24155
board, the board may grant a leave of absence for a designated	24156
period of time. If a scholar discontinues full-time attendance at	24157
the scholar's school during a term because of illness or other	24158
cause satisfactory to the board, the scholar may either claim a	24159
prorated payment for the period of actual attendance or waive	24160
payment for that term. A term for which prorated payment is made	24161
shall be considered a full term for which a scholarship was	24162
received. A term for which payment is waived shall not be	24163
considered a term for which a scholarship was received.	24164

Receipt of an Ohio academic scholarship shall not affect a	24165
scholar's eligibility for the Ohio instructional grant program.	24166

Sec. 3345.05.  All registration fees, nonresident tuition	24167
fees, academic fees for the support of off-campus instruction,	24168
laboratory and course fees when so assessed and collected, student	24169
health fees for the support of a student health service, all other	24170
fees, deposits, charges, receipts, and income from all or part of	24171
the students, all subsidy or other payments from state	24172
appropriations, and all other fees, deposits, charges, receipts,	24173
and income received by each state-supported university and	24174
college, the Ohio state university hospitals and their ancillary	24175
facilities, the Ohio agricultural research and development center,	24176
and the Ohio state university cooperative extension service shall	24177
be held and administered by the respective boards of trustees of	24178
the state-supported universities and colleges; provided, that such	24179
fees, deposits, charges, receipts, and income, to the extent	24180
required by resolutions, trust agreements, indentures, leases, and	24181
agreements adopted, made, or entered into under Chapter 154. or	24182
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	24183
held, administered, transferred, and applied in accordance	24184
therewith.	24185

The Ohio board of regents shall require annual reporting by	24186
the Ohio agricultural research and development center and by each	24187
university and college receiving state aid in such form and detail	24188
as determined by the board in consultation with such center,	24189
universities and colleges, and the director of budget and	24190
management.	24191

Notwithstanding any provision of the Revised Code to the	24192
contrary, the title to investments made by a board of trustees	24193
using any revenues described by this section shall not be vested	24194
in the state, but shall be held in trust by the board of trustees.	24195
Such investments shall be made pursuant to an investment policy	24196
approved by the board of trustees and in accordance with section	24197
135.35 of the Revised Code.	24198

Sec. 3345.19.  In the exercise of their respective powers of	24199
government conferred by Chapter 3345. of the Revised Code and	24200
other pertinent provisions of law, the boards of trustees of	24201
Bowling Green state university, Kent state university, Miami	24202
university, Ohio university, and the Ohio state university shall	24203
observe the following enrollment limitations insofar as the autumn	24204
quarter enrollment or any other quarter enrollment on a full-time	24205
equivalent basis as defined by the Ohio board of regents is	24206
concerned:	24207

Campus student housing facilities shall only be authorized by	24213
boards of trustees within these limitations, and no contracts for	24214
construction of new residence hall facilities shall be entered	24215
into after October 1, 1969, without the prior approval by the Ohio	24216
board of regents.	24217

Sec. 3353.07.  The On and after the effective date of this	24218
amendment, the Ohio educational telecommunications network	24219
commission shall not charge or collect broadcasting fees from	24220
operate the Ohio government telecommunications of system that was	24221
operated by the capitol square review and advisory board prior to	24222
the effective date of this amendment.	24223

Sec. 3353.11.  There is hereby created in the state treasury	24224
the governmental television/telecommunications operating fund. The	24225
fund shall consist of money received from contract productions of	24226
the Ohio government telecommunications studio and shall be used	24227
for operations or equipment breakdowns related to the studio. All	24228
investment earnings on the fund shall be credited to the fund.	24229

Sec. 3383.01.  As used in this chapter:

24230

(A) "Arts" means any of the following:

24231

(1) Visual, musical, dramatic, graphic, and other arts and	24232
includes, including, but is not limited to, architecture, dance,	24233
literature, motion pictures, music, painting, photography,	24234
sculpture, and theater;	24235

(2) The presentation or making available, in museums or	24236
other indoor or outdoor facilities, of principles of science and	24237
their development, use, or application in business, industry, or	24238
commerce or of the history, heritage, development, presentation,	24239
and uses of the arts as defined above described in division (A)(1)	24240
of this section and of transportation;	24241

(3) The preservation, presentation, or making available of	24242
features of archaeological, architectural, environmental, or	24243
historical interest or significance in a state historical facility	24244
or a local historical facility.	24245

(B) "Arts organization" means either of the following:

24246

(1) A governmental agency or Ohio nonprofit corporation that	24247
provides programs or activities in areas directly concerned with	24248
the arts;	24249

(2) A regional arts and cultural district as defined in	24250
section 3381.01 of the Revised Code.	24251

(C) "Arts project" means all or any portion of an Ohio arts	24252
facility for which the general assembly has specifically	24253
authorized the spending of money, or made an appropriation,	24254
pursuant to division (D)(3) or (E) of section 3383.07 of the	24255
Revised Code.	24256

(D) "Cooperative contract" means a contract between the Ohio	24257
arts and sports facilities commission and an arts organization	24258
providing the terms and conditions of the cooperative use of an	24259
Ohio arts facility.	24260

(E) "Costs of operation" means amounts required to manage an	24261
Ohio arts facility that are incurred following the completion of	24262
construction of its arts project, provided that both of the	24263
following apply:	24264

(1) Those amounts either:

24265

(a) Have been committed to a fund dedicated to that purpose;

24266

(b) Equal the principal of any endowment fund, the income	24267
from which is dedicated to that purpose.	24268

(2) The commission and the arts organization have executed	24269
an agreement with respect to either of those funds.	24270

(E)(F) "General building services" means general building	24271
services for an Ohio arts facility or an Ohio sports facility,	24272
including, but not limited to, general custodial care, security,	24273
maintenance, repair, painting, decoration, cleaning, utilities,	24274
fire safety, grounds and site maintenance and upkeep, and	24275
plumbing.	24276

(F)(G) "Governmental agency" means a state agency, a	24277
state-supported or state-assisted institution of higher education,	24278
a municipal corporation, county, township, or school district, a	24279
port authority created under Chapter 4582. of the Revised Code,	24280
any other political subdivision or special district in this state	24281
established by or pursuant to law, or any combination of these	24282
entities; except where otherwise indicated, the United States or	24283
any department, division, or agency of the United States, or any	24284
agency, commission, or authority established pursuant to an	24285
interstate compact or agreement.	24286

(G)(H) "Local contributions" means the value of an asset	24287
provided by or on behalf of an arts organization from sources	24288
other than the state, the value and nature of which shall be	24289
approved by the Ohio arts and sports facilities commission, in its	24290
sole discretion. "Local contributions" may include the value of	24291
the site where an arts project is to be constructed. All "local	24292
contributions," except a contribution attributable to such a site,	24293
shall be for the costs of construction of an arts project or the	24294
costs of operation of an arts facility.	24295

(H)(I) "Local historical facility" means a site or facility,	24296
other than a state historical facility, of archaeological,	24297
architectural, environmental, or historical interest or	24298
significance, or a facility, including a storage facility,	24299
appurtenant to the operations of such a site or facility, that is	24300
owned by an arts organization, provided the facility meets the	24301
requirements of division (J)(K)(2)(b) of this section, is managed	24302
by or pursuant to a contract with the Ohio arts and sports	24303
facilities commission, and is used for or in connection with the	24304
activities of the commission, including the presentation or making	24305
available of arts to the public.	24306

(I)(J) "Manage," "operate," or "management" means the	24307
provision of, or the exercise of control over the provision of,	24308
activities:	24309

(1) Relating to the arts for an Ohio arts facility,	24310
including as applicable, but not limited to, providing for	24311
displays, exhibitions, specimens, and models; booking of artists,	24312
performances, or presentations; scheduling; and hiring or	24313
contracting for directors, curators, technical and scientific	24314
staff, ushers, stage managers, and others directly related to the	24315
arts activities in the facility; but not including general	24316
building services;	24317

(2) Relating to sports and athletic events for an Ohio	24318
sports facility, including as applicable, but not limited to,	24319
providing for booking of athletes, teams, and events; scheduling;	24320
and hiring or contracting for staff, ushers, managers, and others	24321
directly related to the sports and athletic events in the	24322
facility; but not including general building services.	24323

(J)(K) "Ohio arts facility" means any of the following:

24324

(1) The three theaters located in the state office tower at	24325
77 South High street in Columbus;	24326

(2) Any capital facility in this state to which all both of	24327
the following apply:	24328

(a) The construction of an arts project related to the	24329
facility was authorized or funded by the general assembly pursuant	24330
to division (D)(3) of section 3383.07 of the Revised Code and	24331
proceeds of state bonds are used for costs of the arts project.	24332

(b) The state owns or has sufficient real property interests	24333
in the facility or in the portion of the facility financed from	24334
the proceeds of obligations or in the site of the facility for a	24335
period of no less than the greater of the useful life of the	24336
portion of the facility financed from the proceeds of those	24337
obligations as determined by the director of budget and management	24338
using the guidelines for maximum maturities as provided under	24339
divisions (B), (C), and (E) of section 133.20 of the Revised Code,	24340
or the period of time remaining to the date of payment or	24341
provision for payment of outstanding obligations issued by the	24342
Ohio building authority allocable to costs of that portion of the	24343
facility, as determined by the director of budget and management,	24344
in either case as certified to the Ohio arts and sports facilities	24345
commission and the Ohio building authority.	24346

(c) The facility is managed directly by, or by is subject to	24347
a cooperative or management contract with, the Ohio arts and	24348
sports facilities commission, and is used for or in connection	24349
with the activities of the commission, including the presentation	24350
or making available of arts to the public. A cooperative or	24351
management contract shall be for a term not less than the time	24352
remaining to the date of payment or provision for payment of any	24353
state bonds issued to pay the costs of the arts project, as	24354
determined by the director of budget and management and certified	24355
by the director to the Ohio arts and sports facilities commission	24356
and to the Ohio building authority.	24357

(3) A state historical facility or a local historical	24358
facility.	24359

(K)(L) "State agency" means the state or any of its branches,	24360
officers, boards, commissions, authorities, departments,	24361
divisions, or other units or agencies.	24362

(L)(M) "Construction" includes acquisition, including	24363
acquisition by lease-purchase, demolition, reconstruction,	24364
alteration, renovation, remodeling, enlargement, improvement, site	24365
improvements, and related equipping and furnishing.	24366

(M)(N) "State historical facility" means a site or facility	24367
of archaeological, architectural, environmental, or historical	24368
interest or significance, or a facility, including a storage	24369
facility, appurtenant to the operations of such a site or	24370
facility, that is owned by or is located on real property owned by	24371
the state or by an arts organization, so long as the real property	24372
of the arts organization meets the requirements of division	24373
(J)(2)(b) of this section and is contiguous to state-owned real	24374
property that is in the care, custody, and control of an arts	24375
organization, and that is managed directly by or by is subject to	24376
a cooperative or management contract with the Ohio arts and sports	24377
facilities commission, and that is used for or in connection with	24378
the activities of the commission, including the presentation or	24379
making available of arts to the public.	24380

(N)(O) "Ohio sports facility" means all or a portion of a	24381
stadium, arena, or other capital facility in Ohio this state, a	24382
primary purpose of which is to provide a site or venue for the	24383
presentation to the public of events of one or more major or minor	24384
league professional athletic or sports teams that are associated	24385
with the state or with a city or region of the state, which	24386
facility is owned by or is located on real property owned by the	24387
state or a governmental agency, and including all parking	24388
facilities, walkways, and other auxiliary facilities, equipment,	24389
furnishings, and real and personal property and interests and	24390
rights therein, that may be appropriate for or used for or in	24391
connection with the facility or its operation, for capital costs	24392
of which state funds are spent pursuant to this chapter. A	24393
facility constructed as an Ohio sports facility may be both an	24394
Ohio arts facility and an Ohio sports facility.	24395

Sec. 3383.02.  (A) There is hereby created the Ohio arts and	24396
sports facilities commission. Notwithstanding any provision to	24397
the contrary contained in Chapter 152. of the Revised Code, the	24398
commission shall engage in and provide for the development,	24399
performance, and presentation or making available of the arts and	24400
professional sports and athletics to the public in this state by	24401
the exercise of its powers under this chapter, including the	24402
provision, operation, and management, and cooperative use of Ohio	24403
arts facilities and Ohio sports facilities. The commission is a	24404
body corporate and politic, an agency of state government and an	24405
instrumentality of the state, performing essential governmental	24406
functions of this state. The carrying out of the purposes and the	24407
exercise by the commission of its powers conferred by this chapter	24408
are essential public functions and public purposes of the state	24409
and of state government. The commission may, in its own name, sue	24410
and be sued, enter into contracts, and perform all the powers and	24411
duties given to it by this chapter but it does not have and shall	24412
not exercise the power of eminent domain.	24413

(B) The commission shall consist of eight ten members, five	24414
seven of whom shall be voting members and three of whom shall be	24415
nonvoting members. The five seven voting members shall be	24416
appointed by the governor, with the advice and consent of the	24417
senate, from different geographical regions of the state. In	24418
addition, one of the voting members shall represent the state	24419
architect. Not more than three four of the members appointed by	24420
the governor shall be affiliated with the same political party.	24421
The nonvoting members shall be the staff director of the Ohio arts	24422
council, a member of the senate appointed by the president of the	24423
senate, and a member of the house of representatives appointed by	24424
the speaker of the house.	24425

(C) Of the five initial appointments made by the governor,	24426
one shall be for a term expiring December 31, 1989, two shall be	24427
for terms expiring December 31, 1990, and two shall be for terms	24428
expiring December 31, 1991. Of the initial appointments of the	24429
sixth and seventh voting members appointed by the governor as a	24430
result of this amendment, one shall be for a term expiring	24431
December 31, 2003, and one shall be for a term expiring December	24432
31, 2004. Thereafter, each such term shall be for three years,	24433
commencing on the first day of January and ending on the	24434
thirty-first day of December. Each appointment by the president	24435
of the senate and by the speaker of the house of representatives	24436
shall be for the balance of the then legislative biennium. Each	24437
member shall hold office from the date of the member's appointment	24438
until the end of the term for which the member was appointed. Any	24439
member appointed to fill a vacancy occurring prior to the	24440
expiration of the term for which the member's predecessor was	24441
appointed shall hold office for the remainder of such term. Any	24442
member shall continue in office subsequent to the expiration date	24443
of the member's term until the member's successor takes office, or	24444
until a period of sixty days has elapsed, whichever occurs first.	24445

(D) Members of the commission shall serve without	24446
compensation.	24447

(E) After each initial member of the commission has been	24448
appointed, the commission shall meet and organize by electing one	24449
of its voting members as chairperson and other voting members as	24450
vice-chairperson and secretary-treasurer, who shall hold their	24451
offices until the next organizational meeting of the commission.	24452
Organizational meetings of the commission shall be held at the	24453
first meeting of each calendar year. At each organizational	24454
meeting, the commission shall elect from among its voting members	24455
a chairperson, a vice-chairperson, and a secretary-treasurer, who	24456
shall serve until the next annual meeting. The commission shall	24457
adopt rules pursuant to section 111.15 of the Revised Code for the	24458
conduct of its internal business and shall keep a journal of its	24459
proceedings.	24460

(F) Three Four voting members of the commission constitute a	24461
quorum, and the affirmative vote of three four members is	24462
necessary for approval of any action taken by the commission. A	24463
vacancy in the membership of the commission does not impair a	24464
quorum from exercising all the rights and performing all the	24465
duties of the commission. Meetings of the commission may be held	24466
anywhere in the state, and shall be held in compliance with	24467
section 121.22 of the Revised Code.	24468

(G) All expenses incurred in carrying out this chapter are	24469
payable solely from money accrued under this chapter or	24470
appropriated for these purposes by the general assembly, and the	24471
commission shall incur no liability or obligation beyond such	24472
money.	24473

(H) The commission shall file an annual report of its	24474
activities and finances with the governor, director of budget and	24475
management, speaker of the house of representatives, president of	24476
the senate, and chairpersons of the house and senate finance	24477
committees.	24478

(I) There is hereby established in the state treasury the	24479
Ohio arts and sports facilities commission administration fund.	24480
All revenues of the commission shall be credited to that fund and	24481
to any accounts created in the fund with the commission's	24482
approval. All expenses of the commission, including reimbursement	24483
of, or payment to, any other fund or any governmental agency for	24484
advances made or services rendered to or on behalf of the	24485
commission, shall be paid from the Ohio arts and sports facilities	24486
commission administration fund as determined by or pursuant to	24487
directions of the commission. All investment earnings of the	24488
administration fund shall be credited to the fund and shall be	24489
allocated among any accounts created in the fund in the manner	24490
determined by the commission.	24491

(J) Title to all real property and lesser interests in real	24492
property acquired by the commission, including leasehold and other	24493
interests, pursuant to this chapter shall be taken in the name of	24494
the state and shall be held for the use and benefit of the	24495
commission. The commission shall not mortgage such real property	24496
and interests in real property. Title to other property and	24497
interests in it acquired by the commission pursuant to this	24498
chapter shall be taken in its name.	24499

Sec. 3383.04.  The Ohio arts and sports facilities commission	24500
may:	24501

(A) Employ and fix the compensation of an executive director	24502
and such other employees as will facilitate the activities and	24503
purposes of the commission. Any executive director shall serve at	24504
the pleasure of the commission and may serve part-time. Other	24505
employees shall be employed by and serve at the pleasure of the	24506
commission or the executive director, as determined by the	24507
commission.	24508

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	24509
the Revised Code, rules for the management and operation of Ohio	24510
arts facilities and Ohio sports facilities and for the exercise of	24511
all of the commission's rights with respect to those facilities;	24512

(C) Own, construct or provide for the construction of,	24513
lease, equip, furnish, administer, and manage or provide for the	24514
operation and management of, and cooperate in the use of, Ohio	24515
arts facilities and Ohio sports facilities;	24516

(D) Dispose of, whether by sale, lease, lease-purchase,	24517
sublease, re-lease, or otherwise, real and personal property, and	24518
lesser interests in it, held or owned by the state for the use and	24519
benefit of the commission or held or owned by the commission, if	24520
not needed for the commission's purposes, upon such terms as the	24521
commission determines, subject to approval by the governor in the	24522
case of real property and interests in it;	24523

(E) Grant such easements and other interests in real or	24524
personal property of the commission as will not interfere with the	24525
use of the property as an Ohio arts facility or an Ohio sports	24526
facility;	24527

(F) Fix, alter, and collect rentals and other charges for	24528
the use or availability for use of Ohio arts facilities or an Ohio	24529
sports facility, as determined solely by the commission, for the	24530
purpose of providing for all or a portion of the costs and	24531
expenses of the commission, and the costs to be paid by the	24532
commission of leasing, constructing, equipping, repairing,	24533
maintaining, administering, and managing, and cooperating in the	24534
use of Ohio arts facilities, including rentals to be paid by the	24535
commission for any Ohio arts facilities or for any Ohio sports	24536
facility;	24537

(G) Lease, sublease, cooperate in the use of, or otherwise	24538
make available to an arts organization, Ohio arts facilities, and	24539
to any governmental agency or nonprofit corporation, Ohio sports	24540
facilities, including real and personal property, or any interests	24541
in it, to carry out the purposes of this chapter;	24542

(H) Contract with, retain the services of, or designate, and	24543
fix the compensation of, such agents, accountants, attorneys,	24544
consultants, advisers, and other independent contractors as may be	24545
necessary or desirable to carry out the purposes of this chapter;	24546

(I) Procure insurance against loss to the commission by	24547
reason of damages to or nonusability of its property resulting	24548
from fire, theft, accident, or other casualties, or by reason of	24549
its liability for any damages to persons or property, including	24550
but not limited to, general liability insurance, business	24551
interruption insurance, liability insurance for members, officers,	24552
and employees, and copyright liability insurance;	24553

(J) Receive and accept gifts, grants, devises, bequests,	24554
loans, and any other financial or other form of aid or assistance	24555
from any governmental agency or other person and enter into any	24556
contract or agreement with any such agency or other person in	24557
connection therewith, and receive and accept aid or contributions	24558
from any other source of money, real or personal property, labor,	24559
or other things of value, to be held, used, and applied only for	24560
the purposes for which the aid and contributions are made and	24561
according to their terms and conditions, all within the purposes	24562
of this chapter;	24563

(K) Make and enter into all contracts, commitments, and	24564
agreements, and execute all instruments, necessary or incidental	24565
to the performance of its duties and the execution of its rights	24566
and powers under this chapter;	24567

(L) Do anything necessary or appropriate to carry out the	24568
purposes of and exercise the powers granted in this chapter;	24569

(M) Contract with any governmental agency or nonprofit	24570
corporation to provide or cause to be provided services, including	24571
general building services, in, to, or for an Ohio arts facility or	24572
any Ohio sports facility, or with an arts organization for the	24573
management of an Ohio arts facility, or with a governmental agency	24574
or nonprofit corporation for the management of an Ohio sports	24575
facility, all in furtherance of the state function, and make	24576
contracts pursuant to divisions (A) and (B) of section 3383.07 of	24577
the Revised Code, except that nothing in this chapter limits the	24578
exercise of the care, custody, control, and management of those	24579
state historical facilities specified in section 149.30 of the	24580
Revised Code.	24581

Sec. 3383.07.  (A) The department of administrative services	24582
shall provide for the construction of an arts project in	24583
conformity with Chapter 153. of the Revised Code, except as	24584
follows:	24585

(1) For an arts project that has an estimated construction	24586
cost, excluding the cost of acquisition, of twenty-five million	24587
dollars or more, and that is financed by the Ohio building	24588
authority, construction services may be provided by the authority	24589
if the authority determines it should provide those services.	24590

(2) For an arts project other than a state historical	24591
facility, construction services may be provided on behalf of the	24592
state by the Ohio arts and sports facilities commission, or by a	24593
governmental agency or an arts organization that occupies, will	24594
occupy, or is responsible for the Ohio arts facility, as	24595
determined by the department of administrative services	24596
commission. Construction services to be provided by a	24597
governmental agency or an arts organization shall be specified in	24598
an agreement between the commission and the governmental agency or	24599
arts organization. The agreement, or any actions taken under it,	24600
are not subject to Chapter 123. or 153. of the Revised Code,	24601
except for sections 123.151 and 153.011 of the Revised Code, and	24602
shall be subject to Chapter 4115. of the Revised Code.	24603

(3) For an arts project that is a state historical facility,	24604
construction services may be provided by the Ohio arts and sports	24605
facilities commission or by an arts organization that occupies,	24606
will occupy, or is responsible for the facility, as determined by	24607
the commission. The construction services to be provided by the	24608
arts organization shall be specified in an agreement between the	24609
commission and the arts organization, and the. That agreement,	24610
and any actions taken under it, are not subject to Chapter 123.,	24611
153., or 4115. of the Revised Code.	24612

(B) For an Ohio sports facility that is financed in part by	24613
the Ohio building authority, construction services shall be	24614
provided on behalf of the state by or at the direction of the	24615
governmental agency or nonprofit corporation that will own or be	24616
responsible for the management of the facility, all as determined	24617
by the Ohio arts and sports facilities commission. Any	24618
construction services to be provided by a governmental agency or	24619
nonprofit corporation shall be specified in an agreement between	24620
the commission and the governmental agency or nonprofit	24621
corporation, and the. That agreement, and any actions taken under	24622
it, are not subject to Chapter 123. or 153. of the Revised Code,	24623
except for sections 123.151 and 153.011 of the Revised Code, and	24624
shall be subject to Chapter 4115. of the Revised Code.	24625

(C) General building services for an Ohio arts facility	24626
shall be provided by the department of administrative services in	24627
conformity with Chapter 123. of the Revised Code, except that the	24628
Ohio building authority may elect to provide such services for	24629
Ohio arts facilities it financed and such services may be provided	24630
by the Ohio arts and sports facilities commission or by an arts	24631
organization that occupies, will occupy, or is responsible for the	24632
facility, as determined by the commission, except that the Ohio	24633
building authority may elect to provide those services for Ohio	24634
arts facilities financed with proceeds of state bonds issued by	24635
the authority. The costs of management and general building	24636
services shall be paid by the arts organization that occupies,	24637
will occupy, or is responsible for the facility as provided in an	24638
agreement between the commission and the arts organization, except	24639
that the state may pay for general building services for	24640
state-owned arts facilities constructed on state-owned land.	24641
General	24642

General building services for an Ohio sports facility shall	24643
be provided by or at the direction of the governmental agency or	24644
nonprofit corporation that will be responsible for the management	24645
of the facility, all as determined by the commission. Any general	24646
building services to be provided by a governmental agency or	24647
nonprofit corporation for an Ohio sports facility shall be	24648
specified in an agreement between the commission and the	24649
governmental agency or nonprofit corporation, and that. That	24650
agreement, and any actions taken under it, are not subject to	24651
Chapter 123. or 153. of the Revised Code, except for sections	24652
123.151 and 153.011 of the Revised Code, and shall be subject to	24653
Chapter 4115. of the Revised Code.	24654

(D) This division does not apply to a state historical	24655
facility. No state funds, including any state bond proceeds,	24656
shall be spent on the construction of any arts project under this	24657
chapter unless, with respect to the arts project and to the Ohio	24658
arts facility related to the project, all of the following apply:	24659

(1) The Ohio arts and sports facilities commission has	24660
determined that there is a need for the arts project and the Ohio	24661
arts facility related to the project in the region of the state	24662
for in which the Ohio arts facility is located or for which the	24663
facility is proposed to be located;.	24664

(2) The commission has determined that, as an indication of	24665
substantial regional support for the arts project, the arts	24666
organization has made provision satisfactory to the commission, in	24667
its sole discretion, for local contributions amounting to not less	24668
than fifty per cent of the total state funding for the arts	24669
project;.	24670

(3) The general assembly has specifically authorized the	24671
spending of money on, or made an appropriation for, the	24672
construction of the arts project, or for rental payments relating	24673
to the financing of the construction of the arts project.	24674
Authorization to spend money, or an appropriation, for planning	24675
the arts project does not constitute authorization to spend money	24676
on, or an appropriation for, construction of the arts project.	24677

(E) No state funds, including any state bond proceeds, shall	24678
be spent on the construction of any state historical facility	24679
under this chapter unless the general assembly has specifically	24680
authorized the spending of money on, or made an appropriation for,	24681
the construction of the arts project related to the facility, or	24682
for rental payments relating to the financing of the construction	24683
of the arts project. Authorization to spend money, or an	24684
appropriation, for planning the arts project does not constitute	24685
authorization to spend money on, or an appropriation for, the	24686
construction of the arts project.	24687

(F) State funds shall not be used to pay or reimburse more	24688
than fifteen per cent of the initial estimated construction cost	24689
of an Ohio sports facility, excluding any site acquisition cost,	24690
and no state funds, including any state bond proceeds, shall be	24691
spent on any Ohio sports facility under this chapter unless, with	24692
respect to that facility, all of the following apply:	24693

(1) The Ohio arts and sports facilities commission has	24694
determined that there is a need for the facility in the region of	24695
the state for which the facility is proposed to provide the	24696
function of an Ohio sports facility as provided for in this	24697
chapter.	24698

(2) As an indication of substantial local support for the	24699
facility, the commission has received a financial and development	24700
plan satisfactory to it, and provision has been made, by agreement	24701
or otherwise, satisfactory to the commission, for a contribution	24702
amounting to not less than eighty-five per cent of the total	24703
estimated construction cost of the facility, excluding any site	24704
acquisition cost, from sources other than the state.	24705

(3) The general assembly has specifically authorized the	24706
spending of money on, or made an appropriation for, the	24707
construction of the facility, or for rental payments relating to	24708
state financing of all or a portion of the costs of constructing	24709
the facility. Authorization to spend money, or an appropriation,	24710
for planning or determining the feasibility of or need for the	24711
facility does not constitute authorization to spend money on, or	24712
an appropriation for, costs of constructing the facility.	24713

(4) If state bond proceeds are being used for the Ohio	24714
sports facility, the state or a governmental agency owns or has	24715
sufficient property interests in the facility or in the site of	24716
the facility or in the portion or portions of the facility	24717
financed from proceeds of state bonds, which may include, but is	24718
not limited to, the right to use or to require the use of the	24719
facility for the presentation of sport and athletic events to the	24720
public at the facility, extending for a period of not less than	24721
the greater of the useful life of the portion of the facility	24722
financed from proceeds of those bonds as determined using the	24723
guidelines for maximum maturities as provided under divisions (B),	24724
(C), and (D) of section 133.20 of the Revised Code, or the period	24725
of time remaining to the date of payment or provision for payment	24726
of outstanding state bonds allocable to costs of the facility, all	24727
as determined by the director of budget and management and	24728
certified by the director to the Ohio arts and sports facilities	24729
commission and to the Ohio building authority.	24730

Sec. 3383.09. (A) There is hereby created in the state	24731
treasury the arts facilities building fund, which shall consist of	24732
proceeds of obligations authorized to pay costs of arts facilities	24733
projects for which appropriations are made by the general	24734
assembly. All investment earnings of the fund shall be credited to	24735
the fund.	24736

(B) There is hereby created in the state treasury the	24737
sports facilities building fund, which shall consist of proceeds	24738
of obligations authorized to pay costs of sports facilities	24739
projects for which appropriations are made by the general	24740
assembly. All investment earnings of the fund shall be credited to	24741
the fund.	24742

(C) The director of budget and management may transfer, to	24743
the Ohio arts and sports facilities commission administration	24744
fund, investment earnings credited to the arts facilities building	24745
fund and the sports facilities building fund that exceed the	24746
amounts required to meet estimated federal arbitrage rebate	24747
requirements when requested of the director of budget and	24748
management by the chairperson or executive director of the	24749
commission.	24750

Sec. 3505.063.  (A) When the general assembly adopts a	24751
resolution proposing a constitutional amendment, it shall may, by	24752
resolution, designate a group of members who voted in support of	24753
the resolution to prepare arguments for the proposed amendment,	24754
and a group of members who voted in opposition to the resolution	24755
to prepare arguments against the proposed amendment. If no	24756
members voted in opposition to the resolution, or if the general	24757
assembly chooses not to designate a group of members to prepare	24758
arguments for the proposed amendment or chooses not to designate a	24759
group of members to prepare arguments against the proposed	24760
amendment, the Ohio ballot board may prepare the relevant	24761
arguments against the proposed amendment or designate a group of	24762
persons to prepare such the relevant arguments. All arguments	24763
shall be filed with the secretary of state no later than	24764
seventy-five days before the date of the election. No argument	24765
shall exceed three hundred words.	24766

(B) The secretary of state shall disseminate information,	24767
which may include part or all of the official explanation and	24768
arguments concerning proposed amendments, by means of direct mail	24769
or other written publication, broadcast, or such other means, or	24770
combination of means, as the Ohio ballot board may direct, in	24771
order to inform the voters as fully as possible concerning	24772
proposed amendments.	24773

Sec. 3517.092.  (A) As used in this section:

24774

(1) "Appointing authority" has the same meaning as in	24775
section 124.01 of the Revised Code.	24776

(2) "State elected officer" means any person appointed or	24777
elected to a state elective office.	24778

(3) "State elective office" means any of the offices of	24779
governor, lieutenant governor, secretary of state, auditor of	24780
state, treasurer of state, attorney general, member of the state	24781
board of education, member of the general assembly, and justice	24782
and chief justice of the supreme court.	24783

(4) "County elected officer" means any person appointed or	24784
elected to a county elective office.	24785

(5) "County elective office" means any of the offices of	24786
county auditor, county treasurer, clerk of the court of common	24787
pleas, sheriff, county recorder, county engineer, county	24788
commissioner, prosecuting attorney, and coroner.	24789

(6) "Contribution" includes a contribution to any political	24790
party, campaign committee, political action committee, political	24791
contributing entity, or legislative campaign fund.	24792

(B) No state elected officer, no campaign committee of such	24793
an officer, and no other person or entity shall knowingly solicit	24794
or accept a contribution on behalf of that officer or that	24795
officer's campaign committee from any of the following:	24796

(1) A state employee whose appointing authority is the state	24797
elected officer;	24798

(2) A state employee whose appointing authority is	24799
authorized or required by law to be appointed by the state elected	24800
officer;	24801

(3) A state employee who functions in or is employed in or	24802
by the same public agency, department, division, or office as the	24803
state elected officer.	24804

(C) No candidate for a state elective office, no campaign	24805
committee of such a candidate, and no other person or entity shall	24806
knowingly solicit or accept a contribution on behalf of that	24807
candidate or that candidate's campaign committee from any of the	24808
following:	24809

(1) A state employee at the time of the solicitation, whose	24810
appointing authority will be the candidate, if elected;	24811

(2) A state employee at the time of the solicitation, whose	24812
appointing authority will be appointed by the candidate, if	24813
elected, as authorized or required by law;	24814

(3) A state employee at the time of the solicitation, who	24815
will function in or be employed in or by the same public agency,	24816
department, division, or office as the candidate, if elected.	24817

(D) No county elected officer, no campaign committee of such	24818
an officer, and no other person or entity shall knowingly solicit	24819
a contribution on behalf of that officer or that officer's	24820
campaign committee from any of the following:	24821

(1) A county employee whose appointing authority is the	24822
county elected officer;	24823

(2) A county employee whose appointing authority is	24824
authorized or required by law to be appointed by the county	24825
elected officer;	24826

(3) A county employee who functions in or is employed in or	24827
by the same public agency, department, division, or office as the	24828
county elected officer.	24829

(E) No candidate for a county elective office, no campaign	24830
committee of such a candidate, and no other person or entity shall	24831
knowingly solicit a contribution on behalf of that candidate or	24832
that candidate's campaign committee from any of the following:	24833

(1) A county employee at the time of the solicitation, whose	24834
appointing authority will be the candidate, if elected;	24835

(2) A county employee at the time of the solicitation, whose	24836
appointing authority will be appointed by the candidate, if	24837
elected, as authorized or required by law;	24838

(3) A county employee at the time of the solicitation, who	24839
will function in or be employed in or by the same public agency,	24840
department, division, or office as the candidate, if elected.	24841

(F)(1) No public employee shall solicit a contribution from	24842
any person while the public employee is performing the public	24843
employee's official duties or in those areas of a public building	24844
where official business is transacted or conducted.	24845

(2) No person shall solicit a contribution from any public	24846
employee while the public employee is performing the public	24847
employee's official duties or is in those areas of a public	24848
building where official business is transacted or conducted.	24849

(3) As used in division (F) of this section, "public	24850
employee" does not include any person holding an elective office.	24851

(G) The prohibitions in divisions (B), (C), (D), (E), and	24852
(F) of this section are in addition to the prohibitions in	24853
sections 124.57, 1553.09, 3304.22, and 4503.032 of the Revised	24854
Code.	24855

Sec. 3701.04.  (A) The director of health shall:

24856

(1) Require such reports and make such inspections and	24857
investigations as the director considers necessary;	24858

(2) Provide such methods of administration, appoint such	24859
personnel, make such reports, and take such other action as may be	24860
necessary to comply with the requirements of the federal act and	24861
the regulations thereunder;	24862

(3) Procure by contract the temporary or intermittent	24863
services of experts or consultants or organizations thereof when	24864
such services are to be performed on a part-time or	24865
fee-for-service basis and do not involve the performance of	24866
administrative duties;	24867

(4) Enter into agreements for the utilization of the	24868
facilities and services of other departments, agencies, and	24869
institutions, public or private;	24870

(5) Accept on On behalf of the state, solicit, accept, hold,	24871
administer, and deposit in the state treasury to the credit of the	24872
general operations fund created in section 3701.83 of the Revised	24873
Code, any grant, gift, devise, bequest, or contribution made to	24874
assist in meeting the cost of carrying out the director's	24875
responsibilities and expend the grant, gift, or contribution for	24876
such for the purpose for which made. Fees collected by the	24877
director in connection with meetings and conferences shall also be	24878
credited to the fund and expended for the purposes for which paid.	24879

(6) Make an annual report to the governor on activities and	24880
expenditures, including recommendations for such additional	24881
legislation as the director considers appropriate to furnish	24882
adequate hospital, clinic, and similar facilities to the people of	24883
this state.	24884

(B) The director of health may enter into agreements to sell	24885
services offered by the department to other departments, agencies,	24886
and institutions of the state. Fees collected by the director for	24887
the sale of services under this division shall be deposited into	24888
the state treasury to the credit of the general operations fund	24889
created in section 3701.83 of the Revised Code.	24890

Sec. 3701.142.  (A) The director of health shall appoint the	24891
chief and the administrative assistant of the office of women's	24892
health initiatives. The director may appoint, to the extent of	24893
available funds, persons to other positions determined by him the	24894
director to be relevant and necessary.	24895

(B) The chief shall have all of the following	24896
qualifications, plus any additional qualifications the director	24897
considers appropriate:	24898

(1) The equivalent of a masters or higher degree in public	24899
health, medicine, health sciences, environmental science, law,	24900
public administration, or a related field;	24901

(2) Familiarity with national maternal and child health	24902
objectives of the department;	24903

(3) Knowledge of or experience in women's and infants'	24904
preventive health care;	24905

(4) Understanding of health care delivery systems;

24906

(5) A global public health perspective.

24907

(C)(1) The majority of the chief's time shall be spent in	24908
the performance of the following responsibilities:	24909

(a) Identifying issues that affect women's health;

24910

(b) Advocating for women's health concerns within the	24911
department, state government, and the community;	24912

(c) Serving as a liaison for the public, interest groups,	24913
the department, and other state agencies on issues that affect	24914
women's health;	24915

(d) Developing recommendations to the director regarding	24916
programs addressing women's health issues for inclusion in the	24917
biennial budget and departmental strategic planning;	24918

(e) Preparing materials for publication.

24919

(2) In addition, the chief shall do the following:

24920

(a) Develop and recommend research, funding, and program	24921
activities for the intervention, treatment, and education of the	24922
public on women's health initiatives including health needs	24923
throughout the life cycle, reproductive health, gender bias in	24924
research, chemical dependence, access to health care, health and	24925
safety in the workplace, poverty and women's health, causes of	24926
death in women, violence and women's health, and any other women's	24927
health issue the chief considers appropriate;	24928

(b) Supervise the administrative assistant and any other	24929
employees assigned to the office of women's health initiatives;	24930

(c) Oversee the administrative operations of the office of	24931
women's health initiatives;	24932

(d) Research, advise, and assist the director concerning	24933
governor's office correspondence referrals, legislative	24934
initiatives, rules, and similar executive decisions relating to	24935
the health of women;	24936

(e) Represent the director, as requested, before the general	24937
assembly and the women's policy and research commission.	24938

(D) The administrative assistant shall provide clerical and	24939
administrative support as needed to the chief.	24940

(E) To promote coordination of programs and of offices'	24941
initiatives, the director, assistant director, deputy directors,	24942
and chiefs selected by the director in the department shall attend	24943
quarterly meetings regarding the activities of the office of	24944
women's health initiatives.	24945

(F) After considering the report submitted pursuant to	24946
division (C) of section 3701.141 of the Revised Code, the director	24947
of health shall develop and implement biennial initiatives on	24948
women's health needs.	24949

Sec. 3701.77.  There is hereby created provided in the	24950
department of health the governor's advisory council on physical	24951
fitness and sports advisory board, which shall consist of eleven	24952
fifteen members, seven of whom shall be appointed by the governor	24953
and shall be representative of physicians, pediatricians, coaches,	24954
athletic trainers, athletes, educators, and such other persons or	24955
professions interested in the physical fitness of the citizens of	24956
the state as the governor considers appropriate physical	24957
therapists, dentists, nutritionists, exercise physiologists, and	24958
one worksite wellness person. Four board council members shall be	24959
members of the general assembly, of whom one shall be appointed by	24960
the president of the senate, one by the minority leader of the	24961
senate, one by the speaker of the house of representatives, and	24962
one by the minority leader of the house of representatives. Four	24963
council members shall be appointed by the director of health. All	24964
members of the board council shall serve two-year terms,	24965
commencing on the first day of January of each odd-numbered year	24966
and ending on the thirty-first day of December of the following	24967
year, except that each member shall continue in office subsequent	24968
to the expiration date of his the member's term until his the	24969
member's successor is appointed, or until a period of sixty days	24970
has elapsed, whichever occurs first. Members may be reappointed	24971
to additional terms. Vacancies shall be filled in the manner	24972
provided for original appointments, and a vacancy shall be	24973
considered to occur whenever a member of the general assembly	24974
ceases to be a member of the house from which he the member was	24975
appointed. The director of health annually shall select from the	24976
membership of the board council a chairman chairperson, and the	24977
board council shall select from its membership a vice-chairman	24978
vice-chairperson and secretary. Members of the board council	24979
shall serve without compensation, but shall be reimbursed for	24980
actual and necessary expenses incurred in the performance of their	24981
duties. The director, upon the board's council's request, may	24982
provide an officer or employee of the department to act as an	24983
administrator of the board council, and may provide other	24984
employees as required by the board council. The board council	24985
shall meet in Columbus at least once each calendar quarter and at	24986
such other times and places as the director or the board council	24987
considers necessary. Seven members A simple majority of the board	24988
current appointed members of the council constitute a quorum, and	24989
a majority vote of those in attendance is necessary to take any	24990
action.	24991

A member of the advisory council that is a member of the	24992
general assembly may designate a substitute to serve on the	24993
council in that member's absence. The substitute is entitled to	24994
perform the duties of a member of the council. A member of the	24995
general assembly shall inform the chairperson of the council of	24996
the substitution prior to the substitute assuming duties of that	24997
member. Whenever the member of the general assembly ceases to be	24998
a member of the house from which the member was appointed, the	24999
substitute may no longer serve on the council.	25000

Sec. 3701.771.  (A) The governor's advisory council on	25001
physical fitness and sports advisory board shall prepare and	25002
recommend to the director of health guidelines, programs, and	25003
activities related to health and physical fitness. The board	25004
council shall recommend information and educational materials to	25005
be prepared and distributed to the public that encourage wide	25006
participation in the recommended programs and activities.	25007

(B) The board council may, on behalf of the state, solicit,	25008
accept, hold, and administer any grants, devises, or bequests of	25009
moneys, securities, or property for the purposes of sections	25010
3701.85 3701.77 to 3701.861 3701.772 of the Revised Code and shall	25011
deposit any moneys resulting from those grants, devises, or	25012
bequests in the physical fitness and sports fund, which is hereby	25013
created in the state treasury for use solely by the board council	25014
in administering those sections. The board council shall	25015
administer the fund.	25016

(C) The board council shall assist the director of health in	25017
promoting and sponsoring public sporting and physical fitness	25018
events, and members shall lend their names and presence to these	25019
events to encourage greater public participation.	25020

(D) The board council may develop a program of statewide	25021
amateur athletic competition to be known as the "buckeye state	25022
games," which shall be patterned after the Olympic games to the	25023
extent possible considering the availability of facilities,	25024
equipment, and expertise. The buckeye state games shall be	25025
designed to encourage the participation of athletes representing a	25026
broad range of age groups, skill levels, and communities.	25027
Participants shall be residents of the state. Regional	25028
competition may be held throughout the state, and the top	25029
qualifiers in each sport shall proceed to the final competition to	25030
be held at a centrally located site in the state that has the	25031
necessary facilities and equipment for conducting the competition.	25032
The frequency of the games shall be determined by the board	25033
council.	25034

Sec. 3701.772.  The director of health shall cause to be	25035
prepared certificates and awards bearing the printed facsimile	25036
signature of the governor, to be awarded to persons who	25037
participate in physical fitness and sports programs recommended by	25038
the governor's advisory council on physical fitness and sports	25039
advisory board and adopted by the director. The director shall	25040
provide for the distribution of the certificates and awards to	25041
qualifying persons through agreements with civic groups,	25042
professional associations, running clubs, amateur and professional	25043
sports groups, individual citizens, voluntary organizations,	25044
political subdivisions, school districts, and others interested in	25045
promoting and improving the health and physical fitness of the	25046
citizens of the state.	25047

The director may adopt such rules as necessary to carry out	25048
the purposes of sections 3701.85 3701.77 to 3701.861 3701.772 of	25049
the Revised Code.	25050

Sec. 3701.92. (A) There is hereby created in the department	25051
of health the Ohio hepatitis C advisory commission.	25052

(B) The commission shall consist of the following members:

25053

(1) Eleven members appointed by the director of health;

25054

(2) Two members of the house of representatives, one from	25055
each political party, appointed by the speaker of the house of	25056
representatives;	25057

(3) Two members of the senate, one from each political	25058
party, appointed by the president of the senate.	25059

Each member shall serve without compensation for a term of	25060
one year.	25061

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	25062
3702.62 of the Revised Code, this section applies to the review of	25063
certificate of need applications during the period beginning July	25064
1, 1993, and ending June 30, 2001 October 15, 2003.	25065

(B)(1) Except as provided in division (B)(2) of this	25066
section, the director of health shall neither grant nor deny any	25067
application for a certificate of need submitted prior to July 1,	25068
1993, if the application was for any of the following and the	25069
director had not issued a written decision concerning the	25070
application prior to that date:	25071

(a) Approval of beds in a new health care facility or an	25072
increase of beds in an existing health care facility, if the beds	25073
are proposed to be licensed as nursing home beds under Chapter	25074
3721. of the Revised Code;	25075

(b) Approval of beds in a new county home or new county	25076
nursing home as defined in section 5155.31 of the Revised Code, or	25077
an increase of beds in an existing county home or existing county	25078
nursing home, if the beds are proposed to be certified as skilled	25079
nursing facility beds under Title XVIII or nursing facility beds	25080
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	25081
42 U.S.C.A. 301, as amended;	25082

(c) Recategorization of hospital beds as described in	25083
section 3702.522 of the Revised Code, an increase of hospital beds	25084
registered pursuant to section 3701.07 of the Revised Code as	25085
long-term care beds or skilled nursing facility beds, or a	25086
recategorization of hospital beds that would result in an increase	25087
of beds registered pursuant to that section as long-term care beds	25088
or skilled nursing facility beds.	25089

On July 1, 1993, the director shall return each such	25090
application to the applicant and, notwithstanding section 3702.52	25091
of the Revised Code regarding the uses of the certificate of need	25092
fund, shall refund to the applicant the application fee paid under	25093
that section. Applications returned under division (B)(1) of this	25094
section may be resubmitted in accordance with section 3702.52 of	25095
the Revised Code no sooner than July 1, 2001 October 16, 2003.	25096

(2) The director shall continue to review and shall issue a	25097
decision regarding any application submitted prior to July 1,	25098
1993, to increase beds for either of the purposes described in	25099
division (B)(1)(a) or (b) of this section if the proposed increase	25100
in beds is attributable solely to a replacement or relocation of	25101
existing beds within the same county. The director shall	25102
authorize under such an application no additional beds beyond	25103
those being replaced or relocated.	25104

(C)(1) Except as provided in division (C)(2) and (3) of this	25105
section, the director, during the period beginning July 1, 1993,	25106
and ending June 30, 2001 October 15, 2003, shall not accept for	25107
review under section 3702.52 of the Revised Code any application	25108
for a certificate of need for any of the purposes described in	25109
divisions (B)(1)(a) to (c) of this section.	25110

(2)(a) The director shall accept for review any application	25111
for either of the purposes described in division (B)(1)(a) or (b)	25112
of this section if either of the following apply:	25113

(i) In case of an existing health care facility that is a	25114
nursing home described in section 5123.192 of the Revised Code,	25115
the proposed increase is attributable solely to the replacement of	25116
existing beds within the same county.	25117

(ii) In the case of a health care facility or county home	25118
described in division (B)(1)(a) or (b) of this section, other than	25119
an existing health care facility described in division	25120
(C)(2)(a)(i) of this section, the proposed increase in beds is	25121
attributable solely to a replacement or relocation of existing	25122
beds within the same county. The	25123

(b) In the case of an existing health care facility	25124
described in division (C)(2)(a)(i) of this section, the director	25125
shall continue to review and shall issue a decision regarding any	25126
application submitted during the period beginning on July 1, 1993,	25127
and ending on the effective date of this amendment to increase	25128
beds for either of the purposes described in division (B)(1)(a) or	25129
(b) of this section only if the proposed increase in beds is	25130
attributable solely to a relocation of existing beds within the	25131
same county. An existing health care facility described in	25132
division (C)(2)(a)(i) of this section that on or after the	25133
effective date of this amendment seeks to increase beds for either	25134
of the purposes described in division (B)(1)(a) or (b) of this	25135
section shall apply for a license under section 5123.19 of the	25136
Revised Code, as described in division (B) of section 5123.192 of	25137
the Revised Code, if the proposed increase is attributable to a	25138
relocation of existing beds within the same county.	25139

(c) The director shall authorize under such an application	25140
described in division (C)(2)(a) or (b) of this section no	25141
additional beds beyond those being replaced or relocated. The	25142

(3) The director also shall accept for review any	25143
application that seeks certificate of need approval for existing	25144
beds located in an infirmary that is operated exclusively by a	25145
religious order, provides care exclusively to members of religious	25146
orders who take vows of celibacy and live by virtue of their vows	25147
within the orders as if related, and was providing care	25148
exclusively to members of such a religious order on January 1,	25149
1994.	25150

(D) The director shall issue a decision regarding any case	25151
remanded by a court as the result of a decision issued by the	25152
director prior to July 1, 1993, to grant, deny, or withdraw a	25153
certificate of need for any of the purposes described in divisions	25154
(B)(1)(a) to (c) of this section.	25155

(E) The director shall not project the need for beds listed	25156
in division (B)(1) of this section for the period beginning July	25157
1, 1993, and ending June 30, 2001 October 15, 2003.	25158

This section is an interim section effective until July 1,	25159
2001 October 16, 2003.	25160

Sec. 3704.034.  (A) Within sixty days after the director of	25161
environmental protection or his the director's agent or authorized	25162
representative receives an application for the issuance of a	25163
permit to install pursuant to rules adopted under division (F) of	25164
section 3704.03 of the Revised Code, an application to modify such	25165
a permit, or an application for the issuance of an initial permit	25166
to operate, or for the modification or renewal of such a permit,	25167
pursuant to rules adopted under division (G) of section 3704.03 of	25168
the Revised Code, the director shall determine whether the	25169
application is substantially complete or materially deficient and,	25170
in writing, shall notify the applicant of his the director's	25171
determination. If the director fails to make such a completeness	25172
determination and provide written notice of his the determination	25173
to the applicant within sixty days after the application was	25174
submitted, the applicant may submit a written request to the	25175
director for the making of such a completeness determination.	25176

(B) Within thirty days after receiving a written request for	25177
the making of a completeness determination on an application under	25178
division (A) of this section, the director shall determine whether	25179
the application is substantially complete or materially deficient	25180
and, in writing, notify the applicant of his the determination. If	25181
the director fails to make a completeness determination and	25182
provide written notice of his the director's determination to the	25183
applicant within thirty days after receiving the applicant's	25184
written request for the making of the determination, the	25185
application shall be deemed to have been complete in all material	25186
respects at the time that it was submitted to the director or his	25187
the director's agent or authorized representative.	25188

(C) If, within the time prescribed in division (A) and, if	25189
applicable, division (B) of this section, the director determines	25190
that an application is materially deficient, the director shall	25191
return the application to the applicant together with the written	25192
notice of material deficiency. The running of the time prescribed	25193
under division (A) and, if applicable, division (B) of this	25194
section ceases at the time that the determination is made. If the	25195
applicant subsequently resubmits the application to the director,	25196
the time prescribed in division (A) of this section and, if	25197
applicable, division (B) of this section shall resume running at	25198
the time that the application is resubmitted. The resubmission of	25199
the application constitutes a request for the making of a	25200
completeness determination on the application. The director shall	25201
do one of the following within the time remaining pursuant to	25202
division (A) and, if applicable, division (B) of this section at	25203
the time that the application is resubmitted:	25204

(1) Make a completeness determination on the application	25205
and, in writing, notify the applicant of his the determination;	25206

(2) Issue or deny or propose to issue or deny the permit or,	25207
modification, or renewal.	25208

(D) The director shall include in each written notice of the	25209
completeness of an application provided under division (A), (B),	25210
or (C)(1) of this section the date on which the application was	25211
determined to be complete.	25212

(E) The director shall issue or deny or propose to issue or	25213
deny a permit to install pursuant to rules adopted under division	25214
(F) of section 3704.03 of the Revised Code, modification of such a	25215
permit, or an initial permit to operate, or a modification or	25216
renewal of such a permit, pursuant to rules adopted under division	25217
(G) of section 3704.03 of the Revised Code within one hundred	25218
eighty days after the date that the application for the permit or,	25219
modification, or renewal was determined to be complete as that	25220
date is set forth in the written notice of the determination of	25221
the completeness of the application provided under division (A),	25222
(B), or (C)(1) of this section or within one hundred eighty days	25223
after the application is deemed to be complete under division (B)	25224
of this section, as appropriate. If the director fails to issue	25225
or deny or propose to issue or deny the permit or, modification,	25226
or renewal within the appropriate one-hundred-eighty-day period,	25227
the applicant may bring a mandamus action to obtain a judgment	25228
that orders the director to take a final action on the	25229
application.	25230

(F) The director, upon his the director's own motion or upon	25231
the written request of the applicant and in writing, may extend	25232
the time provided under division (E) of this section for issuing	25233
or denying or proposing to issue or deny the permit or,	25234
modification, or renewal for an additional sixty days if a public	25235
informational meeting or public hearing was held on the	25236
application for the permit or, modification, or renewal.	25237

(G) Upon the written request of the applicant, the director,	25238
in writing, may extend the time provided under division (E) of	25239
this section for issuing or denying or proposing to issue or deny	25240
the permit or, modification, or renewal for the additional time	25241
specified in the applicant's request for the extension.	25242

(H) Upon the written request of the person responsible for a	25243
facility, the director may consolidate or group applications for	25244
the issuance of permits pursuant to rules adopted under	25245
divisions(F) or division(G) of section 3704.03 of the Revised	25246
Code, or modifications or renewals of those permits, for	25247
individual air contaminant sources located at the facility in	25248
order to reduce the unnecessary paperwork and administrative	25249
burden to the applicant and the director in connection with the	25250
issuance of those permits, modifications, and renewals. Fees	25251
payable to the director under section 3745.11 of the Revised Code	25252
shall not be reduced by reason of any such consolidation or	25253
grouping of applications for permits, modifications, or renewals.	25254

Sec. 3721.07. (A) Every person desiring to operate a home and	25255
the superintendent or administrator of each county home or	25256
district home for which a license as a residential care facility	25257
is sought shall apply for a license to the director of health. The	25258
director shall issue a license for the home, if after	25259
investigation of the applicant and, if required by section 3721.02	25260
of the Revised Code, inspection of the home, the following	25261
requirements or conditions are satisfied or complied with:	25262

(A)(1) The applicant has not been convicted of a felony or a	25263
crime involving moral turpitude;	25264

(B)(2) The applicant is not violating any of the rules made	25265
by the public health council or any order issued by the director	25266
of health;	25267

(C)(3) The buildings in which the home is housed have been	25268
approved by the state fire marshal or a township, municipal, or	25269
other legally constituted fire department approved by the marshal.	25270
In the approval of a home such agencies shall apply standards	25271
prescribed by the board of building standards, and by the state	25272
fire marshal, and by section 3721.071 of the Revised Code.	25273

(D)(4) The applicant, if it is an individual, or the	25274
principal participants, if it is an association or a corporation,	25275
is or are suitable financially and morally to operate a home;	25276

(E)(5) The applicant is equipped to furnish humane, kind,	25277
and adequate treatment and care;	25278

(F)(6) The home does not maintain or contain:

25279

(1)(a) Facilities for the performance of major surgical	25280
procedures;	25281

(2)(b) Facilities for providing therapeutic radiation;

25282

(3)(c) An emergency ward;

25283

(4)(d) A clinical laboratory unless it is under the	25284
supervision of a clinical pathologist who is a licensed physician	25285
in this state;	25286

(5)(e) Facilities for radiological examinations unless such	25287
examinations are performed only by a person licensed to practice	25288
medicine, surgery, or dentistry in this state.	25289

(G)(7) The home does not accept or treat outpatients, except	25290
upon the written orders of a physician licensed in this state,	25291
maternity cases, boarding children, and does not house transient	25292
guests, other than participants in an adult day-care program, for	25293
twenty-four hours or less;	25294

(H)(8) The home is in compliance with sections 3721.28 and	25295
3721.29 of the Revised Code.	25296

(B) When the director issues a license, the license shall	25297
remain in effect until revoked by the director or, voided at the	25298
request of the applicant, or terminated as described in division	25299
(D) of this section; provided, there shall be an annual renewal	25300
fee payable during the month of January of each calendar year. Any	25301
licensed home that does not pay its renewal fee in January shall	25302
pay, beginning the first day of February, a late fee of one	25303
hundred dollars for each week or part thereof that the renewal fee	25304
is not paid. If either the renewal fee or the late fee is not	25305
paid by the fifteenth day of February, the director may, in	25306
accordance with Chapter 119. of the Revised Code, revoke the	25307
home's license.	25308

(C) A person whose license is revoked, and a county home or	25309
district home that has its license as a residential care facility	25310
revoked, for any reason other than nonpayment of the license	25311
renewal fee or late fees may not apply for a new license under	25312
this chapter until a period of one year following the date of	25313
revocation has elapsed.	25314

(D) A license issued by the director to a nursing home	25315
described in section 5123.192 of the Revised Code shall terminate	25316
if the nursing home obtains a license under section 5123.19 of the	25317
Revised Code.	25318

(E) Any applicant who is denied a license may appeal in	25319
accordance with Chapter 119. of the Revised Code.	25320

Sec. 3721.10.  As used in sections 3721.10 to 3721.18 of the	25321
Revised Code:	25322

(A) "Home" means all of the following:

25323

(1) A home as defined in section 3721.01 of the Revised	25324
Code;	25325

(2) Any facility or part of a facility not defined as a home	25326
under section 3721.01 of the Revised Code that is certified as a	25327
skilled nursing facility under Title XVIII of the "Social Security	25328
Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301 1395 and	25329
1396, as amended, or as a nursing facility as defined in section	25330
5111.20 of the Revised Code;	25331

(3) A county home or district home operated pursuant to	25332
Chapter 5155. of the Revised Code.	25333

(B) "Resident" means a resident or a patient of a home.

25334

(C) "Administrator" means all of the following:

25335

(1) With respect to a home as defined in section 3721.01 of	25336
the Revised Code, a nursing home administrator as defined in	25337
section 4751.01 of the Revised Code;	25338

(2) With respect to a facility or part of a facility not	25339
defined as a home in section 3721.01 of the Revised Code that is	25340
authorized to provide skilled nursing facility or nursing facility	25341
services, the administrator of the facility or part of a facility;	25342

(3) With respect to a county home or district home, the	25343
superintendent appointed under Chapter 5155. of the Revised Code.	25344

(D) "Sponsor" means an adult relative, friend, or guardian	25345
of a resident who has an interest or responsibility in the	25346
resident's welfare.	25347

(E) "Residents' rights advocate" means:

25348

(1) An employee or representative of any state or local	25349
government entity that has a responsibility regarding residents	25350
and that has registered with the department of health under	25351
division (B) of section 3701.07 of the Revised Code;	25352

(2) An employee or representative of any private nonprofit	25353
corporation or association that qualifies for tax-exempt status	25354
under section 501(a) of the "Internal Revenue Code of 1986," 100	25355
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	25356
with the department of health under division (B) of section	25357
3701.07 of the Revised Code and whose purposes include educating	25358
and counseling residents, assisting residents in resolving	25359
problems and complaints concerning their care and treatment, and	25360
assisting them in securing adequate services to meet their needs;	25361

(3) A member of the general assembly.

25362

(F) "Physical restraint" means, but is not limited to, any	25363
article, device, or garment that interferes with the free movement	25364
of the resident and that he the resident is unable to remove	25365
easily, a geriatric chair, or a locked room door.	25366

(G) "Chemical restraint" means any medication bearing the	25367
American hospital formulary service therapeutic class 4.00,	25368
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	25369
central nervous system in a manner that limits physical and	25370
cognitive functioning to the degree that the resident cannot	25371
attain his the resident's highest practicable physical, mental,	25372
and psychosocial well-being.	25373

(H) "Ancillary service" means, but is not limited to,	25374
podiatry, dental, hearing, vision, physical therapy, occupational	25375
therapy, speech therapy, and psychological and social services.	25376

(I) "Facility" means a facility, or part of a facility,	25377
certified as a nursing facility or skilled nursing facility under	25378
Title XVIII or Title XIX of the "Social Security Act." "Facility"	25379
does not include an intermediate care facility for the mentally	25380
retarded, as defined in section 5111.20 of the Revised Code.	25381

(J) "Medicare" means the program established by Title XVIII	25382
of the "Social Security Act."	25383

(K) "Medicaid" means the program established by Title XIX of	25384
the "Social Security Act" and Chapter 5111. of the Revised Code.	25385

Sec. 3721.12.  (A) The administrator of a home shall:

25386

(1) With the advice of residents, their sponsors, or both,	25387
establish and review at least annually, written policies regarding	25388
the applicability and implementation of residents' rights under	25389
sections 3721.10 to 3721.17 of the Revised Code, the	25390
responsibilities of residents regarding the rights, and the home's	25391
grievance procedure established under division (A)(2) of this	25392
section. The administrator is responsible for the development of,	25393
and adherence to, procedures implementing the policies.	25394

(2) Establish a grievance committee for review of complaints	25395
by residents. The grievance committee shall be comprised of the	25396
home's staff and residents, sponsors, or outside representatives	25397
in a ratio of not more than one staff member to every two	25398
residents, sponsors, or outside representatives.	25399

(3) Furnish to each resident and sponsor prior to or at the	25400
time of admission, and to each member of the home's staff, at	25401
least one of each of the following:	25402

(a) A copy of the rights established under sections 3721.10	25403
to 3721.17 of the Revised Code;	25404

(b) A written explanation of the provisions of section	25405
sections 3721.16 to 3721.162 of the Revised Code;	25406

(c) A copy of the home's policies and procedures established	25407
under this section;	25408

(d) A copy of the home's rules;

25409

(e) A copy of the addresses and telephone numbers of the	25410
board of health of the health district of the county in which the	25411
home is located, the county department of job and family services	25412
of the county in which the home is located, the state departments	25413
of health and job and family services, the state and local offices	25414
of the department of aging, and any Ohio nursing home ombudsperson	25415
program.	25416

(B) Written acknowledgment of the receipt of copies of the	25417
materials listed in this section shall be made part of the	25418
resident's record and the staff member's personnel record.	25419

(C) The administrator shall post all of the following	25420
prominently within the home:	25421

(1) A copy of the rights of residents as listed in division	25422
(A) of section 3721.13 of the Revised Code;	25423

(2) A copy of the home's rules and its policies and	25424
procedures regarding the rights and responsibilities of residents;	25425

(3) A notice that a copy of this chapter, rules of the	25426
department of health applicable to the home, and federal	25427
regulations adopted under Titles XVIII and XIX of the "Social	25428
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended	25429
the medicare and medicaid programs, and the materials required to	25430
be available in the home under section 3721.021 of the Revised	25431
Code, are available for inspection in the home at reasonable	25432
hours;	25433

(4) A list of residents' rights advocates;

25434

(5) A notice that the following are available in a place	25435
readily accessible to residents:	25436

(a) If the home is licensed under section 3721.02 of the	25437
Revised Code, a copy of the most recent licensure inspection	25438
report prepared for the home under that section;	25439

(b) If the home is a nursing facility as defined in section	25440
5111.20 of the Revised Code, a copy of the most recent statement	25441
of deficiencies issued to the home under section 5111.42 of the	25442
Revised Code.	25443

(D) The administrator of a home may, with the advice of	25444
residents, their sponsors, or both, establish written policies	25445
regarding the applicability and administration of any additional	25446
residents' rights beyond those set forth in sections 3721.10 to	25447
3721.17 of the Revised Code, and the responsibilities of residents	25448
regarding the rights. Policies established under this division	25449
shall be reviewed, and procedures developed and adhered to as in	25450
division (A)(1) of this section.	25451

Sec. 3721.13.  (A) The rights of residents of a home shall	25452
include, but are not limited to, the following:	25453

(1) The right to a safe and clean living environment	25454
pursuant to Titles XVIII and XIX of the "Social Security Act," 49	25455
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, the medicare and	25456
medicaid programs and applicable state laws and regulations	25457
prescribed by the public health council;	25458

(2) The right to be free from physical, verbal, mental, and	25459
emotional abuse and to be treated at all times with courtesy,	25460
respect, and full recognition of dignity and individuality;	25461

(3) Upon admission and thereafter, the right to adequate and	25462
appropriate medical treatment and nursing care and to other	25463
ancillary services that comprise necessary and appropriate care	25464
consistent with the program for which the resident contracted.	25465
This care shall be provided without regard to considerations such	25466
as race, color, religion, national origin, age, or source of	25467
payment for care.	25468

(4) The right to have all reasonable requests and inquiries	25469
responded to promptly;	25470

(5) The right to have clothes and bed sheets changed as the	25471
need arises, to ensure the resident's comfort or sanitation;	25472

(6) The right to obtain from the home, upon request, the	25473
name and any specialty of any physician or other person	25474
responsible for the resident's care or for the coordination of	25475
care;	25476

(7) The right, upon request, to be assigned, within the	25477
capacity of the home to make the assignment, to the staff	25478
physician of the resident's choice, and the right, in accordance	25479
with the rules and written policies and procedures of the home, to	25480
select as the attending physician a physician who is not on the	25481
staff of the home. If the cost of a physician's services is to be	25482
met under a federally supported program, the physician shall meet	25483
the federal laws and regulations governing such services.	25484

(8) The right to participate in decisions that affect the	25485
resident's life, including the right to communicate with the	25486
physician and employees of the home in planning the resident's	25487
treatment or care and to obtain from the attending physician	25488
complete and current information concerning medical condition,	25489
prognosis, and treatment plan, in terms the resident can	25490
reasonably be expected to understand; the right of access to all	25491
information in his the resident's medical record; and the right to	25492
give or withhold informed consent for treatment after the	25493
consequences of that choice have been carefully explained. When	25494
the attending physician finds that it is not medically advisable	25495
to give the information to the resident, the information shall be	25496
made available to the resident's sponsor on the resident's behalf,	25497
if the sponsor has a legal interest or is authorized by the	25498
resident to receive the information. The home is not liable for a	25499
violation of this division if the violation is found to be the	25500
result of an act or omission on the part of a physician selected	25501
by the resident who is not otherwise affiliated with the home.	25502

(9) The right to withhold payment for physician visitation	25503
if the physician did not visit the resident;	25504

(10) The right to confidential treatment of personal and	25505
medical records, and the right to approve or refuse the release of	25506
these records to any individual outside the home, except in case	25507
of transfer to another home, hospital, or health care system, as	25508
required by law or rule, or as required by a third-party payment	25509
contract;	25510

(11) The right to privacy during medical examination or	25511
treatment and in the care of personal or bodily needs;	25512

(12) The right to refuse, without jeopardizing access to	25513
appropriate medical care, to serve as a medical research subject;	25514

(13) The right to be free from physical or chemical	25515
restraints or prolonged isolation except to the minimum extent	25516
necessary to protect the resident from injury to himself self,	25517
others, or to property and except as authorized in writing by the	25518
attending physician for a specified and limited period of time and	25519
documented in the resident's medical record. Prior to authorizing	25520
the use of a physical or chemical restraint on any resident, the	25521
attending physician shall make a personal examination of the	25522
resident and an individualized determination of the need to use	25523
the restraint on that resident.	25524

Physical or chemical restraints or isolation may be used in	25525
an emergency situation without authorization of the attending	25526
physician only to protect the resident from injury to himself self	25527
or others. Use of the physical or chemical restraints or	25528
isolation shall not be continued for more than twelve hours after	25529
the onset of the emergency without personal examination and	25530
authorization by the attending physician. The attending physician	25531
or a staff physician may authorize continued use of physical or	25532
chemical restraints for a period not to exceed thirty days, and at	25533
the end of this period and any subsequent period may extend the	25534
authorization for an additional period of not more than thirty	25535
days. The use of physical or chemical restraints shall not be	25536
continued without a personal examination of the resident and the	25537
written authorization of the attending physician stating the	25538
reasons for continuing the restraint.	25539

If physical or chemical restraints are used under this	25540
division, the home shall ensure that the restrained resident	25541
receives a proper diet. In no event shall physical or chemical	25542
restraints or isolation be used for punishment, incentive, or	25543
convenience.	25544

(14) The right to the pharmacist of the resident's choice	25545
and the right to receive pharmaceutical supplies and services at	25546
reasonable prices not exceeding applicable and normally accepted	25547
prices for comparably packaged pharmaceutical supplies and	25548
services within the community;	25549

(15) The right to exercise all civil rights, unless the	25550
resident has been adjudicated incompetent pursuant to Chapter	25551
2111. of the Revised Code and has not been restored to legal	25552
capacity, as well as the right to the cooperation of the home's	25553
administrator in making arrangements for the exercise of the right	25554
to vote;	25555

(16) The right of access to opportunities that enable the	25556
resident, at his the resident's own expense or at the expense of a	25557
third-party payer, to achieve his the resident's fullest	25558
potential, including educational, vocational, social,	25559
recreational, and habilitation programs;	25560

(17) The right to consume a reasonable amount of alcoholic	25561
beverages at his the resident's own expense, unless not medically	25562
advisable as documented in his the resident's medical record by	25563
the attending physician or unless contradictory to written	25564
admission policies;	25565

(18) The right to use tobacco at his the resident's own	25566
expense under the home's safety rules and under applicable laws	25567
and rules of the state, unless not medically advisable as	25568
documented in his the resident's medical record by the attending	25569
physician or unless contradictory to written admission policies;	25570

(19) The right to retire and rise in accordance with his the	25571
resident's reasonable requests, if he the resident does not	25572
disturb others or the posted meal schedules and upon the home's	25573
request remains in a supervised area, unless not medically	25574
advisable as documented by the attending physician;	25575

(20) The right to observe religious obligations and	25576
participate in religious activities; the right to maintain	25577
individual and cultural identity; and the right to meet with and	25578
participate in activities of social and community groups at the	25579
resident's or the group's initiative;	25580

(21) The right upon reasonable request to private and	25581
unrestricted communications with his the resident's family, social	25582
worker, and any other person, unless not medically advisable as	25583
documented in his the resident's medical record by the attending	25584
physician, except that communications with public officials or	25585
with his the resident's attorney or physician shall not be	25586
restricted. Private and unrestricted communications shall	25587
include, but are not limited to, the right to:	25588

(a) Receive, send, and mail sealed, unopened correspondence;

25589

(b) Reasonable access to a telephone for private	25590
communications;	25591

(c) Private visits at any reasonable hour.

25592

(22) The right to assured privacy for visits by the spouse,	25593
or if both are residents of the same home, the right to share a	25594
room within the capacity of the home, unless not medically	25595
advisable as documented in his the resident's medical record by	25596
the attending physician;	25597

(23) The right upon reasonable request to have room doors	25598
closed and to have them not opened without knocking, except in the	25599
case of an emergency or unless not medically advisable as	25600
documented in his the resident's medical record by the attending	25601
physician;	25602

(24) The right to retain and use personal clothing and a	25603
reasonable amount of possessions, in a reasonably secure manner,	25604
unless to do so would infringe on the rights of other residents or	25605
would not be medically advisable as documented in his the	25606
resident's medical record by the attending physician;	25607

(25) The right to be fully informed, prior to or at the time	25608
of admission and during his the resident's stay, in writing, of	25609
the basic rate charged by the home, of services available in the	25610
home, and of any additional charges related to such services,	25611
including charges for services not covered under Titles XVIII and	25612
XIX of the "Social Security Act the medicare or medicaid program."	25613
The basic rate shall not be changed unless thirty days notice is	25614
given to the resident or, if the resident is unable to understand	25615
this information, to his the resident's sponsor.	25616

(26) The right of the resident and person paying for the	25617
care to examine and receive a bill at least monthly for the	25618
resident's care from the home that itemizes charges not included	25619
in the basic rates;	25620

(27)(a) The right to be free from financial exploitation;

25621

(b) The right to manage his the resident's own personal	25622
financial affairs, or, if he the resident has delegated this	25623
responsibility in writing to the home, to receive upon written	25624
request at least a quarterly accounting statement of financial	25625
transactions made on his the resident's behalf. The statement	25626
shall include:	25627

(i) A complete record of all funds, personal property, or	25628
possessions of a resident from any source whatsoever, that have	25629
been deposited for safekeeping with the home for use by the	25630
resident or his the resident's sponsor;	25631

(ii) A listing of all deposits and withdrawals transacted,	25632
which shall be substantiated by receipts which shall be available	25633
for inspection and copying by the resident or sponsor.	25634

(28) The right of the resident to be allowed unrestricted	25635
access to his the resident's property on deposit at reasonable	25636
hours, unless requests for access to property on deposit are so	25637
persistent, continuous, and unreasonable that they constitute a	25638
nuisance;	25639

(29) The right to receive reasonable notice before his the	25640
resident's room or roommate is changed, including an explanation	25641
of the reason for either change.	25642

(30) The right not to be transferred or discharged from the	25643
home except for medical reasons, for his welfare or another	25644
resident's, for nonpayment of charges due the home, if the home's	25645
license is revoked under this chapter, if the home is being closed	25646
pursuant to sections 5111.35 to 5111.62 or section 5155.31 of the	25647
Revised Code, if he is a recipient of medical assistance under	25648
section 5111.01 of the Revised Code in a home whose participation	25649
in the medical assistance program is terminated or denied, or if	25650
he is a beneficiary under Title XVIII of the "Social Security Act"	25651
in a home whose certification under Title XVIII is terminated or	25652
denied unless the transfer is necessary because of one of the	25653
following:	25654

(a) The welfare and needs of the resident cannot be met in	25655
the home.	25656

(b) The resident's health has improved sufficiently so that	25657
the resident no longer needs the services provided by the home.	25658

(c) The safety of individuals in the home is endangered.

25659

(d) The health of individuals in the home would otherwise	25660
be endangered.	25661

(e) The resident has failed, after reasonable and	25662
appropriate notice, to pay for a stay at the home, regardless of	25663
the method of payment.	25664

(f) The home's license has been revoked, the home is being	25665
closed pursuant to sections 5111.35 to 5111.62 or section 5155.31	25666
of the Revised Code, or the home otherwise ceases to operate.	25667

(g) The resident is a recipient of medicaid, and the home's	25668
participation in the medicaid program is involuntarily terminated	25669
or denied.	25670

(h) The resident is a beneficiary under the medicare	25671
program, and the home's participation in the medicare program is	25672
involuntarily terminated or denied.	25673

(31) The right to voice grievances and recommend changes in	25674
policies and services to the home's staff, to employees of the	25675
department of health, or to other persons not associated with the	25676
operation of the home, of the resident's choice, free from	25677
restraint, interference, coercion, discrimination, or reprisal.	25678
This right includes access to a residents' rights advocate, and	25679
the right to be a member of, to be active in, and to associate	25680
with persons who are active in organizations of relatives and	25681
friends of nursing home residents and other organizations engaged	25682
in assisting residents.	25683

(32) The right to have any significant change in his the	25684
resident's health status reported to his the resident's sponsor.	25685
As soon as such a change is known to the home's staff, the home	25686
shall make a reasonable effort to notify the sponsor within twelve	25687
hours.	25688

(B) A sponsor may act on a resident's behalf to assure that	25689
the home does not deny the residents' rights under sections	25690
3721.10 to 3721.17 of the Revised Code.	25691

(C) Any attempted waiver of the rights listed in division	25692
(A) of this section is void.	25693

Sec. 3721.15.  (A) Authorization from a resident or a	25694
sponsor with a power of attorney for a home to manage the	25695
resident's financial affairs shall be in writing and shall be	25696
attested to by a witness who is not connected in any manner	25697
whatsoever with the home or its administrator. The home shall	25698
maintain accounts pursuant to division (A)(27) of section 3721.13	25699
of the Revised Code. Upon the resident's transfer, discharge, or	25700
death, the account shall be closed and a final accounting made.	25701
All remaining funds shall be returned to the resident or	25702
resident's sponsor, except in the case of death, when all	25703
remaining funds shall be transferred or used in accordance with	25704
section 5111.112 of the Revised Code.	25705

(B) A home that manages a resident's financial affairs shall	25706
deposit the resident's funds in excess of one hundred dollars, and	25707
may deposit the resident's funds that are one hundred dollars or	25708
less, in an interest-bearing account separate from any of the	25709
home's operating accounts. Interest earned on the resident's	25710
funds shall be credited to the resident's account. A resident's	25711
funds that are one hundred dollars or less and have not been	25712
deposited in an interest-bearing account may be deposited in a	25713
noninterest-bearing account or petty cash fund.	25714

(C) Each resident whose financial affairs are managed by a	25715
home shall be promptly notified by the home when the total of the	25716
amount of funds in the resident's accounts and the petty cash fund	25717
plus other nonexempt resources reaches two hundred dollars less	25718
than the maximum amount permitted a recipient of medical	25719
assistance under Chapter 5111. of the Revised Code medicaid. The	25720
notice shall include an explanation of the potential effect on the	25721
resident's eligibility for medical assistance medicaid if the	25722
amount in the resident's accounts and the petty cash fund, plus	25723
the value of other nonexempt resources, exceeds the maximum assets	25724
a medicaid recipient of medical assistance may retain.	25725

(D) Each home that manages the financial affairs of	25726
residents shall purchase a surety bond or otherwise provide	25727
assurance satisfactory to the director of health, or, in the case	25728
of a home that participates in the medical assistance medicaid	25729
program established under section 5111.01 of the Revised Code, to	25730
the director of job and family services, to assure the security of	25731
all residents' funds managed by the home.	25732

Sec. 3721.16. For each resident of a home, notice of a	25733
proposed transfer or discharge shall be in accordance with this	25734
section.	25735

(A)(1) Except in an emergency or unless authorized by statute	25736
or by rules of the director of health, the The administrator of a	25737
home shall notify a resident in writing, and the resident's	25738
sponsor in writing by certified mail, return receipt requested, in	25739
advance of any proposed transfer or discharge from the home. The	25740
administrator shall send a copy of the notice to the state	25741
department of health. The notice shall be provided at least	25742
thirty days in advance of the proposed transfer or discharge,	25743
unless either any of the following applies:	25744

(a) The resident's health has improved sufficiently to allow	25745
a more immediate discharge or transfer to a less skilled level of	25746
care;	25747

(b) The resident has resided in the home less than thirty	25748
days;	25749

(c) An emergency arises in which the safety of individuals	25750
in the home is endangered;	25751

(d) An emergency arises in which the health of individuals	25752
in the home would otherwise be endangered;	25753

(e) An emergency arises in which the resident's urgent	25754
medical needs necessitate a more immediate transfer or discharge.	25755

In the case any of a resident the circumstances described in	25756
division divisions (A)(1)(a) or (b) to (e) of this section, the	25757
notice shall be provided as many days in advance of the proposed	25758
transfer or discharge as is practicable.	25759

(2) The notice required under division (A)(1) of this	25760
section shall include all of the following:	25761

(a) The reasons for the proposed transfer or discharge;

25762

(b) The proposed date the resident is to be transferred or	25763
discharged;	25764

(c) The proposed location to which the resident is to be	25765
transferred or discharged;	25766

(d) Notice of the right of the resident and his the	25767
resident's sponsor to an impartial hearing at the home on the	25768
proposed transfer or discharge, and of the manner in which and the	25769
time within which the resident or his sponsor may request a	25770
hearing under division (C)(D) of this section;	25771

(e) A statement that the resident will not be transferred or	25772
discharged before the date specified in the notice unless the home	25773
and the resident or, if the resident is not competent to make a	25774
decision, the home and the resident's sponsor, agree to an earlier	25775
date;	25776

(c)(f) The address of the legal services office of the	25777
department of health;	25778

(d)(g) The name, address, and telephone number of a	25779
representative of the state long-term care ombudsman ombudsperson	25780
program and, if the resident or patient has a developmental	25781
disability or mental illness, the name, address, and telephone	25782
number of the Ohio legal rights service.	25783

(B) No home shall transfer or discharge a resident before the	25784
date specified in the notice required by division (A) of this	25785
section unless the home and the resident or, if the resident is	25786
not competent to make a decision, the home and the resident's	25787
sponsor, agree to an earlier date.	25788

(C) Transfer or discharge actions shall be documented in	25789
the resident's medical record by the home if there is a medical	25790
basis for the action.	25791

(C)(D) A resident or his resident's sponsor may challenge a	25792
transfer or discharge by requesting an impartial hearing at the	25793
home pursuant to section 3721.161 of the Revised Code, unless the	25794
transfer or discharge is required because of an emergency or one	25795
of the following reasons:	25796

(1) The home's license has been revoked under this chapter;

25797

(2) The home is being closed pursuant to sections 5111.35 to	25798
5111.62 or section 5155.31 of the Revised Code;	25799

(3) The resident is a recipient of medical assistance under	25800
section 5111.01 of the Revised Code and the home's participation	25801
in the medical assistance program has been terminated or denied;	25802

(4) The resident is a beneficiary under Title XVIII of the	25803
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	25804
amended and the home's certification under Title XVIII has been	25805
terminated or denied.	25806

A request for a hearing under this section shall be sent in	25807
writing to the legal services office of the department of health	25808
not later than ten days after the resident and his sponsor receive	25809
notice of the proposed transfer or discharge. A hearing shall be	25810
held within ten days by the department of health. A	25811
representative of the department shall preside over the hearing	25812
and issue a recommendation within five days as to any advisable	25813
action to the administrator, the resident, and any interested	25814
sponsor.	25815

(E) If a resident is transferred or discharged pursuant to	25816
this section, the home from which the resident is being	25817
transferred or discharged shall provide the resident with adequate	25818
preparation prior to the transfer or discharge to ensure a safe	25819
and orderly transfer or discharge from the home, and the home or	25820
alternative setting to which the resident is to be transferred or	25821
discharged shall have accepted the resident for transfer or	25822
discharge.	25823

(D) An impartial hearing on resident transfer or discharge	25824
is not subject to section 121.22 of the Revised Code.	25825

(E) At the time of a transfer or discharge of a resident who	25826
is a recipient of medical assistance under section 5111.01 of the	25827
Revised Code from a home to a hospital or for therapeutic leave,	25828
the home shall provide notice in writing to the resident and in	25829
writing by certified mail, return receipt requested, to the	25830
resident's sponsor, specifying the number of days, if any, during	25831
which the resident will be permitted under the medical assistance	25832
program to return and resume residence in the home and specifying	25833
the medical assistance program's coverage of the days during which	25834
the resident is absent from the home. An individual who is absent	25835
from a home for more than the number of days specified in the	25836
notice and continues to require the services provided by the	25837
facility shall be given priority for the first available bed in a	25838
semi-private room.	25839

Sec. 3721.161. (A) Not later than ninety days after the date	25840
a resident or the resident's sponsor receives notice of a proposed	25841
transfer or discharge, whichever is later, the resident or	25842
resident's sponsor may challenge the proposed transfer or	25843
discharge by submitting a written request for a hearing to the	25844
state department of health. On receiving the request, the	25845
department shall conduct a hearing in accordance with section	25846
3721.162 of the Revised Code to determine whether the proposed	25847
transfer or discharge complies with division (A)(30) of section	25848
3721.13 of the Revised Code.	25849

(B) Except in the circumstances described in divisions	25850
(A)(1)(a) to (e) of section 3721.16 of the Revised Code, if a	25851
resident or resident's sponsor submits a hearing request pursuant	25852
to division (A) of this section, the home shall not transfer or	25853
discharge the resident unless the department determines after the	25854
hearing that the transfer or discharge complies with division	25855
(A)(30) of section 3721.13 of the Revised Code.	25856

(C) If a resident or resident's sponsor does not request a	25857
hearing pursuant to division (A) of this section, the home may	25858
transfer or discharge the resident on the date specified in the	25859
notice required by division (A) of section 3721.16 of the Revised	25860
Code or thereafter, unless the home and the resident or, if the	25861
resident is not competent to make a decision, the home and the	25862
resident's sponsor, agree to an earlier date.	25863

(D) If the resident or resident's sponsor requests a	25864
hearing in writing pursuant to division (A) of this section and	25865
the home transfers or discharges the resident before the	25866
department issues a hearing decision, the home shall readmit the	25867
resident in the first available bed if the department determines	25868
after the hearing that the transfer or discharge does not comply	25869
with division (A)(30) of section 3721.13 of the Revised Code.	25870

Sec. 3721.162. (A) On receiving a request pursuant to	25871
section 3721.161 of the Revised Code, the department of health	25872
shall conduct hearings under this section in accordance with 42	25873
C.F.R. 431, subpart E, to determine whether the proposed transfer	25874
or discharge complies with division (A)(30) of section 3721.13 of	25875
the Revised Code.	25876

(B) The department shall employ or contract with an	25877
attorney to serve as hearing officer. The hearing officer shall	25878
conduct a hearing in the home and issue a decision not later than	25879
thirty days after the date the department receives a request	25880
pursuant to section 3721.161 of the Revised Code, unless the	25881
resident and the home or, if the resident is not competent to make	25882
a decision, the resident's sponsor and the home, agree otherwise.	25883
The hearing shall be recorded on audiotape, but neither the	25884
recording nor a transcript of the recording shall be part of the	25885
official record of the hearing. A hearing conducted under this	25886
section is not subject to section 121.22 of the Revised Code.	25887

(C) The hearing officer's decision shall be served on the	25888
resident or resident's sponsor and the home by certified mail. The	25889
hearing officer's decision shall be considered the final decision	25890
of the department.	25891

(D) A resident, resident's sponsor, or home may appeal the	25892
decision of the department to the court of common pleas pursuant	25893
to section 119.12 of the Revised Code. The appeal shall be	25894
governed by section 119.12 of the Revised Code, except for all of	25895
the following:	25896

(1) The resident, resident's sponsor, or home shall file	25897
the appeal in the court of common pleas of the county in which the	25898
home is located.	25899

(2) The resident or resident's sponsor may apply to the	25900
court for designation as an indigent and, if the court grants the	25901
application, the resident or resident's sponsor shall not be	25902
required to furnish the costs of the appeal.	25903

(3) The appeal shall be filed with the department and the	25904
court within thirty days after the hearing officer's decision is	25905
served. The appealing party shall serve the opposing party a copy	25906
of the notice of appeal by hand-delivery or certified mail, return	25907
receipt requested. If the home is the appealing party, it shall	25908
provide a copy of the notice of appeal to both the resident and	25909
the resident's sponsor or attorney.	25910

(4) The department shall not file a transcript of the	25911
hearing with the court unless the court orders it to do so. The	25912
court shall issue such an order only if it finds that the parties	25913
are unable to stipulate to the facts of the case and that the	25914
transcript is essential to the determination of the appeal. If	25915
the court orders the department to file the transcript, the	25916
department shall do so not later than thirty days after the day	25917
the court issues the order.	25918

(E) The court shall not require an appellant to pay a	25919
bond as a condition of issuing a stay pending its decision.	25920

(F) The resident, resident's sponsor, home, or department	25921
may commence a civil action in the court of common pleas of the	25922
county in which the home is located to enforce the decision of the	25923
department or the court. If the court finds that the resident or	25924
home has not complied with the decision, it shall enjoin the	25925
violation and order other appropriate relief, including attorney's	25926
fees.	25927

Sec. 3721.17.  (A) Any resident who believes that the	25928
resident's rights under sections 3721.10 to 3721.17 of the Revised	25929
Code have been violated may file a grievance under procedures	25930
adopted pursuant to division (A)(2) of section 3721.12 of the	25931
Revised Code.	25932

When the grievance committee determines a violation of	25933
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	25934
shall notify the administrator of the home. If the violation	25935
cannot be corrected within ten days, or if ten days have elapsed	25936
without correction of the violation, the grievance committee shall	25937
refer the matter to the department of health.	25938

(B) Any person who believes that a resident's rights under	25939
sections 3721.10 to 3721.17 of the Revised Code have been violated	25940
may report or cause reports to be made of the information directly	25941
to the department of health. No person who files a report is	25942
liable for civil damages resulting from the report.	25943

(C)(1) Within thirty days of receiving a complaint under	25944
this section, the department of health shall investigate any	25945
complaint referred to it by a home's grievance committee and any	25946
complaint from any source that alleges that the home provided	25947
substantially less than adequate care or treatment, or	25948
substantially unsafe conditions, or, within seven days of	25949
receiving a complaint, refer it to the attorney general, if the	25950
attorney general agrees to investigate within thirty days.	25951

(2) Within thirty days of receiving a complaint under this	25952
section, the department of health may investigate any alleged	25953
violation of sections 3721.10 to 3721.17 of the Revised Code, or	25954
of rules, policies, or procedures adopted pursuant to those	25955
sections, not covered by division (C)(1) of this section, or it	25956
may, within seven days of receiving a complaint, refer the	25957
complaint to the grievance committee at the home where the alleged	25958
violation occurred, or to the attorney general if the attorney	25959
general agrees to investigate within thirty days.	25960

(D) If, after an investigation, the department of health	25961
finds probable cause to believe that a violation of sections	25962
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	25963
procedures adopted pursuant to those sections, has occurred at a	25964
home that is certified under Title XVIII or XIX of the "Social	25965
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended	25966
the medicare or medicaid program, it shall cite one or more	25967
findings or deficiencies under sections 5111.35 to 5111.62 of the	25968
Revised Code. If the home is not so certified, the department	25969
shall hold an adjudicative hearing within thirty days under	25970
Chapter 119. of the Revised Code.	25971

(E) Upon a finding at an adjudicative hearing under division	25972
(D) of this section that a violation of sections 3721.10 to	25973
3721.17 of the Revised Code, or of rules, policies, or procedures	25974
adopted pursuant thereto, has occurred, the department of health	25975
shall make an order for compliance, set a reasonable time for	25976
compliance, and assess a fine pursuant to division (F) of this	25977
section. The fine shall be paid to the general revenue fund only	25978
if compliance with the order is not shown to have been made within	25979
the reasonable time set in the order. The department of health	25980
may issue an order prohibiting the continuation of any violation	25981
of sections 3721.10 to 3721.17 of the Revised Code.	25982

Findings at the hearings conducted under this section may be	25983
appealed pursuant to Chapter 119. of the Revised Code, except that	25984
an appeal may be made to the court of common pleas of the county	25985
in which the home is located.	25986

The department of health shall initiate proceedings in court	25987
to collect any fine assessed under this section which is unpaid	25988
thirty days after the violator's final appeal is exhausted.	25989

(F) Any home found, pursuant to an adjudication hearing	25990
under division (D) of this section, to have violated sections	25991
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	25992
procedures adopted pursuant to those sections may be fined not	25993
less than one hundred nor more than five hundred dollars for a	25994
first offense. For each subsequent offense, the home may be fined	25995
not less than two hundred nor more than one thousand dollars.	25996

A violation of sections 3721.10 to 3721.17 of the Revised	25997
Code is a separate offense for each day of the violation and for	25998
each resident who claims the violation.	25999

(G) No home or employee of a home shall retaliate against	26000
any person who:	26001

(1) Exercises any right set forth in sections 3721.10 to	26002
3721.17 of the Revised Code, including, but not limited to, filing	26003
a complaint with the home's grievance committee or reporting an	26004
alleged violation to the department of health;	26005

(2) Appears as a witness in any hearing conducted under this	26006
section and or section 3721.16 3721.162 of the Revised Code;	26007

(3) Files a civil action alleging a violation of sections	26008
3721.10 to 3721.17 of the Revised Code, or notifies a county	26009
prosecuting attorney or the attorney general of a possible	26010
violation of sections 3721.10 to 3721.17 of the Revised Code.	26011

If, under the procedures outlined in this section, a home or	26012
its employee is found to have retaliated, the violator may be	26013
fined up to one thousand dollars.	26014

(H) When legal action is indicated, any evidence of criminal	26015
activity found in an investigation under division (C) of this	26016
section shall be given to the prosecuting attorney in the county	26017
in which the home is located for investigation.	26018

(I)(1) Any resident whose rights under sections 3721.10 to	26019
3721.17 of the Revised Code are violated has a cause of action	26020
against any person or home committing the violation. The action	26021
may be commenced by the resident or by the resident's sponsor on	26022
behalf of the resident.	26023

(2)(a) If compensatory damages are awarded for a violation	26024
of the resident's rights, section 2315.21 of the Revised Code,	26025
except divisions (E)(1) and (2) of that section, shall apply to an	26026
award of punitive or exemplary damages for the violation.	26027

(b) The court may award to the prevailing party reasonable	26028
attorney's fees limited to the work reasonably performed.	26029

(3) Division (I)(2)(a) of this section shall be considered	26030
to be purely remedial in operation and shall be applied in a	26031
remedial manner in any civil action in which this section is	26032
relevant, whether the action is pending in court or commenced on	26033
or after the effective date of this amendment July 9, 1998.	26034

Sec. 3721.51.  The department of job and family services	26035
shall:	26036

(A) For the purpose of providing home and community-based	26037
services to elderly and disabled persons purposes specified in	26038
section 3721.56 of the Revised Code, determine an annual franchise	26039
permit fee on each nursing home in an amount equal to four dollars	26040
for fiscal years 2002 and 2003, and one dollar for each fiscal	26041
year thereafter, multiplied by the product of the following:	26042

(1) The number of beds licensed as nursing home beds, plus	26043
any other beds certified as skilled nursing facility beds under	26044
Title XVIII or nursing facility beds under Title XIX of the	26045
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26046
amended, on July 1, 1993, and, for each subsequent year, the first	26047
day of May of the calendar year in which the fee is determined	26048
pursuant to division (A) of section 3721.53 of the Revised Code;	26049

(2) The number of days in fiscal year 1994 and, for each	26050
subsequent year, the number of days in the fiscal year beginning	26051
on the first day of July of the calendar year in which the fee is	26052
determined pursuant to division (A) of section 3721.53 of the	26053
Revised Code.	26054

(B) For the purpose of providing home and community-based	26055
services to elderly and disabled persons purposes specified in	26056
section 3721.56 of the Revised Code, determine an annual franchise	26057
permit fee on each hospital in an amount equal to four dollars for	26058
fiscal years 2002 and 2003, and one dollar for each fiscal year	26059
thereafter, multiplied by the product of the following:	26060

(1) The number of beds registered pursuant to section	26061
3701.07 of the Revised Code as skilled nursing facility beds or	26062
long-term care beds, plus any other beds licensed as nursing home	26063
beds under section 3721.02 or 3721.09 of the Revised Code, on July	26064
1, 1993, and, for each subsequent year, the first day of May of	26065
the calendar year in which the fee is determined pursuant to	26066
division (A) of section 3721.53 of the Revised Code;	26067

(2) The number of days in fiscal year 1994 and, for each	26068
subsequent year, the number of days in the fiscal year beginning	26069
on the first day of July of the calendar year in which the fee is	26070
determined pursuant to division (A) of section 3721.53 of the	26071
Revised Code.	26072

If the United States health care financing administration	26073
determines that the franchise permit fee established by sections	26074
3721.50 through 3721.58 of the Revised Code would be an	26075
impermissible health care related tax under section 1903(w) of the	26076
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	26077
amended, the department of job and family services shall take all	26078
necessary actions to cease implementation of those sections in	26079
accordance with rules adopted under section 3721.58 of the Revised	26080
Code.	26081

Sec. 3721.56.  All (A) One-fourth of all payments and	26082
penalties paid by nursing homes and hospitals under sections	26083
3721.53 and 3721.54 of the Revised Code for fiscal years 2002 and	26084
2003, and all such payments and penalties paid for subsequent	26085
fiscal years, shall be deposited into the "home and	26086
community-based services for the aged fund," which is hereby	26087
created in the state treasury. The departments of job and family	26088
services and aging shall use the moneys in the fund to fund the	26089
following in accordance with rules adopted under section 3721.58	26090
of the Revised Code:	26091

(A)(1) The medical assistance program established under	26092
Chapter 511. of the Revised Code;	26093

(B)(2) The PASSPORT program established under section 173.40	26094
of the Revised Code;	26095

(C)(3) The residential state supplement program established	26096
under section 173.35 of the Revised Code.	26097

(B) Three-fourths of all payments and penalties paid by	26098
nursing homes and hospitals under sections 3721.53 and 3721.54 of	26099
the Revised Code for fiscal years 2002 and 2003 shall be deposited	26100
into the nursing facility stabilization fund, which is hereby	26101
created in the state treasury. The department of job and family	26102
services shall use the money in the fund in the manner provided by	26103
Am. Sub. H.B. 94 of the 124th general assembly.	26104

Sec. 3722.01.  (A) As used in this chapter:

26105

(1) "Owner" means the person who owns the business of and who	26106
ultimately controls the operation of an adult care facility and to	26107
whom the manager, if different from the owner, is responsible.	26108

(2) "Manager" means the person responsible for the daily	26109
operation of an adult care facility. The manager and the owner of	26110
a facility may be the same person.	26111

(3) "Adult" means an individual eighteen years of age or	26112
older.	26113

(4) "Unrelated" means that an adult resident is not related	26114
to the owner or manager of an adult care facility or to the	26115
owner's or manager's spouse as a parent, grandparent, child,	26116
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	26117
uncle, or as the child of an aunt or uncle.	26118

(5) "Skilled nursing care" means skilled nursing care as	26119
defined in section 3721.01 of the Revised Code.	26120

(6)(a) "Personal care services" means services including, but	26121
not limited to, the following:	26122

(i) Assisting residents with activities of daily living;

26123

(ii) Assisting residents with self-administration of	26124
medication, in accordance with rules adopted by the public health	26125
council pursuant to this chapter;	26126

(iii) Preparing special diets, other than complex	26127
therapeutic diets, for residents pursuant to the instructions of a	26128
physician or a licensed dietitian, in accordance with rules	26129
adopted by the public health council pursuant to this chapter.	26130

(b) "Personal care services" does not include "skilled	26131
nursing care" as defined in section 3721.01 of the Revised Code. A	26132
facility need not provide more than one of the services listed in	26133
division (A)(6)(a) of this section to be considered to be	26134
providing personal care services.	26135

(7) "Adult family home" means a residence or facility that	26136
provides accommodations to three to five unrelated adults and	26137
supervision and personal care services to at least three of those	26138
adults.	26139

(8) "Adult group home" means a residence or facility that	26140
provides accommodations to six to sixteen unrelated adults and	26141
provides supervision and personal care services to at least three	26142
of the unrelated adults.	26143

(9) "Adult care facility" means an adult family home or an	26144
adult group home. For the purposes of this chapter, any	26145
residence, facility, institution, hotel, congregate housing	26146
project, or similar facility that provides accommodations and	26147
supervision to three to sixteen unrelated adults, at least three	26148
of whom are provided personal care services, is an adult care	26149
facility regardless of how the facility holds itself out to the	26150
public. "Adult care facility" does not include:	26151

(a) A facility operated by a hospice care program licensed	26152
under section 3712.04 of the Revised Code that is used exclusively	26153
for care of hospice patients;	26154

(b) A nursing home, residential care facility, or home for	26155
the aging as defined in section 3721.01 of the Revised Code;	26156

(c) A community alternative home as defined in section	26157
3724.01 of the Revised Code;	26158

(d) An alcohol and drug addiction program as defined in	26159
section 3793.01 of the Revised Code;	26160

(e) A habilitation center as defined in section 5123.041 of	26161
the Revised Code;	26162

(f) A residential facility for the mentally ill licensed by	26163
the department of mental health under section 5119.22 of the	26164
Revised Code;	26165

(g) A facility licensed to provide methadone treatment under	26166
section 3793.11 of the Revised Code;	26167

(h) A residential facility licensed under section 5123.19 of	26168
the Revised Code or otherwise regulated by the department of	26169
mental retardation and developmental disabilities;	26170

(i) Any residence, institution, hotel, congregate housing	26171
project, or similar facility that provides personal care services	26172
to fewer than three residents or that provides, for any number of	26173
residents, only housing, housekeeping, laundry, meal preparation,	26174
social or recreational activities, maintenance, security,	26175
transportation, and similar services that are not personal care	26176
services or skilled nursing care;	26177

(j) Any facility that receives funding for operating costs	26178
from the department of development under any program established	26179
to provide emergency shelter housing or transitional housing for	26180
the homeless;	26181

(k) A terminal care facility for the homeless that has	26182
entered into an agreement with a hospice care program under	26183
section 3712.07 of the Revised Code;	26184

(l) A facility approved by the veterans administration	26185
under section 104(a) of the "Veterans Health Care Amendments of	26186
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	26187
exclusively for the placement and care of veterans;	26188

(m) Until January 1, 1994, the portion of a facility in	26189
which care is provided exclusively to members of a religious order	26190
if the facility is owned by or part of a nonprofit institution of	26191
higher education authorized to award degrees by the Ohio board of	26192
regents under Chapter 1713. of the Revised Code.	26193

(10) "Residents' rights advocate" means:

26194

(a) An employee or representative of any state or local	26195
government entity that has a responsibility for residents of adult	26196
care facilities and has registered with the department of health	26197
under section 3701.07 of the Revised Code;	26198

(b) An employee or representative, other than a manager or	26199
employee of an adult care facility or nursing home, of any private	26200
nonprofit corporation or association that qualifies for tax-exempt	26201
status under section 501(a) of the "Internal Revenue Code of	26202
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	26203
registered with the department of health under section 3701.07 of	26204
the Revised Code, and whose purposes include educating and	26205
counseling residents, assisting residents in resolving problems	26206
and complaints concerning their care and treatment, and assisting	26207
them in securing adequate services.	26208

(11) "Sponsor" means an adult relative, friend, or guardian	26209
of a resident of an adult care facility who has an interest in or	26210
responsibility for the resident's welfare.	26211

(12) "Ombudsperson" means a "representative of the office of	26212
the state long-term care ombudsperson program" as defined in	26213
section 173.14 of the Revised Code.	26214

(13) "Mental health agency" means a community mental health	26215
agency, as defined in section 5119.22 of the Revised Code, under	26216
contract with a board of alcohol, drug addiction, and mental	26217
health services pursuant to division (A)(6)(8)(a) of section	26218
340.03 of the Revised Code.	26219

(B) For purposes of this chapter, personal care services or	26220
skilled nursing care shall be considered to be provided by a	26221
facility if they are provided by a person employed by or	26222
associated with the facility or by another person pursuant to an	26223
agreement to which neither the resident who receives the services	26224
nor the resident's sponsor is a party.	26225

(C) Nothing in division (A)(6) of this section shall be	26226
construed to permit personal care services to be imposed upon a	26227
resident who is capable of performing the activity in question	26228
without assistance.	26229

Sec. 3722.15.  (A) The following may enter an adult care	26230
facility at any time:	26231

(1) Employees designated by the director of health;

26232

(2) Employees designated by the director of aging;

26233

(3) Employees designated by the attorney general;

26234

(4) Employees designated by a county department of job and	26235
family services to implement sections 5101.60 to 5101.71 of the	26236
Revised Code;	26237

(5) Persons employed pursuant to division (M) of section	26238
173.01 of the Revised Code in the long-term care facilities	26239
ombudsperson program;	26240

(6) Employees of the department of mental health designated	26241
by the director of mental health;	26242

(7) Employees of a mental health agency, if the agency has a	26243
client residing in the facility;	26244

(8) Employees of a board of alcohol, drug addiction, and	26245
mental health services, when authorized by section 340.05 of the	26246
Revised Code or if an individual receiving mental health services	26247
provided by the board pursuant to division (A)(6)(8)(b) of section	26248
340.03 of the Revised Code or a mental health agency under	26249
contract with the board resides in the facility.	26250

These employees shall be afforded access to all records of	26251
the facility, including records pertaining to residents, and may	26252
copy the records. Neither these employees nor the director of	26253
health shall release, without consent, any information obtained	26254
from the records of an adult care facility that reasonably would	26255
tend to identify a specific resident of the facility, except as	26256
ordered by a court of competent jurisdiction.	26257

(B) The following persons may enter any adult care facility	26258
during reasonable hours:	26259

(1) A resident's sponsor;

26260

(2) Residents' rights advocates;

26261

(3) A resident's attorney;

26262

(4) A minister, priest, rabbi, or other person ministering	26263
to a resident's religious needs;	26264

(5) A physician or other person providing health care	26265
services to a resident;	26266

(6) Employees authorized by county departments of job and	26267
family services and local boards of health or health departments	26268
to enter adult care facilities;	26269

(7) A prospective resident and prospective resident's	26270
sponsor.	26271

(C) The manager of an adult care facility may require a	26272
person seeking to enter the facility to present identification	26273
sufficient to identify the person as an authorized person under	26274
this section.	26275

Sec. 3722.16.  (A) No person shall:

26276

(1) Operate an adult care facility unless the facility is	26277
validly licensed by the director of health under section 3722.04	26278
of the Revised Code;	26279

(2) Admit to an adult care facility more residents than the	26280
number authorized in the facility's license;	26281

(3) Admit a resident to an adult care facility after the	26282
director has issued an order pursuant to section 3722.07 of the	26283
Revised Code suspending admissions to the facility. Violation of	26284
division (A)(3) of this section is cause for revocation of the	26285
facility's license.	26286

(4) Interfere with any authorized inspection of an adult	26287
care facility conducted pursuant to section 3722.02 or 3722.04 of	26288
the Revised Code;	26289

(5) Violate any of the provisions of this chapter or any of	26290
the rules adopted pursuant to it.	26291

(B) No adult care facility shall provide, or admit or retain	26292
any resident in need of, skilled nursing care unless all of the	26293
following are the case:	26294

(1) The care will be provided on a part-time, intermittent	26295
basis for not more than a total of one hundred twenty days in any	26296
twelve-month period by one or more of the following:	26297

(a) A home health agency certified under Title XVIII of the	26298
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26299
amended:	26300

(b) A hospice care program licensed under Chapter 3712. of	26301
the Revised Code;	26302

(c) A nursing home licensed under Chapter 3721. of the	26303
Revised Code and owned and operated by the same person and located	26304
on the same site as the adult care facility;	26305

(d) A mental health agency or, pursuant to division	26306
(A)(6)(8)(b) of section 340.03 of the Revised Code, a board of	26307
alcohol, drug addiction, and mental health services.	26308

(2) The staff of the home health agency, hospice care	26309
program, nursing home, mental health agency, or board of alcohol,	26310
drug addiction, and mental health services does not train facility	26311
staff to provide the skilled nursing care;	26312

(3) The individual to whom the skilled nursing care is	26313
provided is suffering from a short-term illness;	26314

(4) If the skilled nursing care is to be provided by the	26315
nursing staff of a nursing home, all of the following are the	26316
case:	26317

(a) The adult care facility evaluates the individual	26318
receiving the skilled nursing care at least once every seven days	26319
to determine whether the individual should be transferred to a	26320
nursing home;	26321

(b) The adult care facility meets at all times staffing	26322
requirements established by rules adopted under section 3722.10 of	26323
the Revised Code;	26324

(c) The nursing home does not include the cost of providing	26325
skilled nursing care to the adult care facility residents in a	26326
cost report filed under section 5111.26 of the Revised Code;	26327

(d) The nursing home meets at all times the nursing home	26328
licensure staffing ratios established by rules adopted under	26329
section 3721.04 of the Revised Code;	26330

(e) The nursing home staff providing skilled nursing care to	26331
adult care facility residents are registered nurses or licensed	26332
practical nurses licensed under Chapter 4723. of the Revised Code	26333
and meet the personnel qualifications for nursing home staff	26334
established by rules adopted under section 3721.04 of the Revised	26335
Code;	26336

(f) The skilled nursing care is provided in accordance with	26337
rules established for nursing homes under section 3721.04 of the	26338
Revised Code;	26339

(g) The nursing home meets the skilled nursing care needs of	26340
the adult care facility residents;	26341

(h) Using the nursing home's nursing staff does not prevent	26342
the nursing home or adult care facility from meeting the needs of	26343
the nursing home and adult care facility residents in a quality	26344
and timely manner.	26345

Notwithstanding section 3721.01 of the Revised Code, an adult	26346
care facility in which residents receive skilled nursing care as	26347
described in division (B) of this section is not a nursing home.	26348
No adult care facility shall provide skilled nursing care.	26349

(C) A home health agency or hospice care program that	26350
provides skilled nursing care pursuant to division (B) of this	26351
section may not be associated with the adult care facility unless	26352
the facility is part of a home for the aged as defined in section	26353
5701.13 of the Revised Code or the adult care facility is owned	26354
and operated by the same person and located on the same site as a	26355
nursing home licensed under Chapter 3721. of the Revised Code that	26356
is associated with the home health agency or hospice care program.	26357
In addition, the following requirements shall be met:	26358

(1) The adult care facility shall evaluate the individual	26359
receiving the skilled nursing care not less than once every seven	26360
days to determine whether the individual should be transferred to	26361
a nursing home;	26362

(2) If the costs of providing the skilled nursing care are	26363
included in a cost report filed pursuant to section 5111.26 of the	26364
Revised Code by the nursing home that is part of the same home for	26365
the aged, the home health agency or hospice care program shall not	26366
seek reimbursement for the care under the medical assistance	26367
program established under Chapter 5111. of the Revised Code.	26368

(D)(1) No person knowingly shall place or recommend	26369
placement of any person in an adult care facility that is	26370
operating without a license.	26371

(2) No employee of a unit of local or state government,	26372
board of alcohol, drug addiction, and mental health services,	26373
mental health agency, or PASSPORT administrative agency shall	26374
place or recommend placement of any person in an adult care	26375
facility if the employee knows that the facility cannot meet the	26376
needs of the potential resident.	26377

(3) No person who has reason to believe that an adult care	26378
facility is operating without a license shall fail to report this	26379
information to the director of health.	26380

(E) In accordance with Chapter 119. of the Revised Code, the	26381
public health council shall adopt rules that define a short-term	26382
illness for purposes of division (B)(3) of this section and	26383
specify, consistent with rules pertaining to home health care	26384
adopted by the director of job and family services under the	26385
medical assistance program established under Chapter 5111. of the	26386
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	26387
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	26388
part-time, intermittent basis for purposes of division (B)(1) of	26389
this section.	26390

Sec. 3734.57.  (A) For the purposes of paying the state's	26391
long-term operation costs or matching share for actions taken	26392
under the "Comprehensive Environmental Response, Compensation, and	26393
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	26394
amended; paying the costs of measures for proper clean-up of sites	26395
where polychlorinated biphenyls and substances, equipment, and	26396
devices containing or contaminated with polychlorinated biphenyls	26397
have been stored or disposed of; paying the costs of conducting	26398
surveys or investigations of solid waste facilities or other	26399
locations where it is believed that significant quantities of	26400
hazardous waste were disposed of and for conducting enforcement	26401
actions arising from the findings of such surveys or	26402
investigations; paying the costs of acquiring and cleaning up, or	26403
providing financial assistance for cleaning up, any hazardous	26404
waste facility or solid waste facility containing significant	26405
quantities of hazardous waste, that constitutes an imminent and	26406
substantial threat to public health or safety or the environment;	26407
and, from July 1, 1999 2001, through June 30, 2001 2004, for the	26408
purposes of paying the costs of administering and enforcing the	26409
laws pertaining to solid wastes, infectious wastes, and	26410
construction and demolition debris, including, without limitation,	26411
ground water evaluations related to solid wastes, infectious	26412
wastes, and construction and demolition debris, under this chapter	26413
and Chapter 3714. of the Revised Code and any rules adopted under	26414
them, and paying a share of the administrative costs of the	26415
environmental protection agency pursuant to section 3745.014 of	26416
the Revised Code, the following fees are hereby levied on the	26417
disposal of solid wastes in this state:	26418

(1) One dollar per ton on and after July 1, 1993;

26419

(2) An additional seventy-five cents per ton on and after	26420
July 1, 1999 2001, through June 30, 2001 2004.	26421

The owner or operator of a solid waste disposal facility	26422
shall collect the fees levied under this division as a trustee for	26423
the state and shall prepare and file with the director of	26424
environmental protection monthly returns indicating the total	26425
tonnage of solid wastes received for disposal at the gate of the	26426
facility and the total amount of the fees collected under this	26427
division. Not later than thirty days after the last day of the	26428
month to which such a return applies, the owner or operator shall	26429
mail to the director the return for that month together with the	26430
fees collected during that month as indicated on the return. The	26431
owner or operator may request an extension of not more than thirty	26432
days for filing the return and remitting the fees, provided that	26433
the owner or operator has submitted such a request in writing to	26434
the director together with a detailed description of why the	26435
extension is requested, the director has received the request not	26436
later than the day on which the return is required to be filed,	26437
and the director has approved the request. If the fees are not	26438
remitted within sixty days after the last day of the month during	26439
which they were collected, the owner or operator shall pay an	26440
additional fifty per cent of the amount of the fees for each month	26441
that they are late.	26442

One-half of the moneys remitted to the director under	26443
division (A)(1) of this section shall be credited to the hazardous	26444
waste facility management fund created in section 3734.18 of the	26445
Revised Code, and one-half shall be credited to the hazardous	26446
waste clean-up fund created in section 3734.28 of the Revised	26447
Code. The moneys remitted to the director under division (A)(2)	26448
of this section shall be credited to the solid waste fund, which	26449
is hereby created in the state treasury. The environmental	26450
protection agency shall use moneys in the solid waste fund only to	26451
pay the costs of administering and enforcing the laws pertaining	26452
to solid wastes, infectious wastes, and construction and	26453
demolition debris, including, without limitation, ground water	26454
evaluations related to solid wastes, infectious wastes, and	26455
construction and demolition debris, under this chapter and Chapter	26456
3714. of the Revised Code and rules adopted under them and to pay	26457
a share of the administrative costs of the environmental	26458
protection agency pursuant to section 3745.014 of the Revised	26459
Code.	26460

The fees levied under this division and divisions (B) and (C)	26461
of this section are in addition to all other applicable fees and	26462
taxes and shall be added to any other fee or amount specified in a	26463
contract that is charged by the owner or operator of a solid waste	26464
disposal facility or to any other fee or amount that is specified	26465
in a contract entered into on or after March 4, 1992, and that is	26466
charged by a transporter of solid wastes.	26467

(B) For the purpose of preparing, revising, and implementing	26468
the solid waste management plan of the county or joint solid waste	26469
management district, including, without limitation, the	26470
development and implementation of solid waste recycling or	26471
reduction programs; providing financial assistance to boards of	26472
health within the district, if solid waste facilities are located	26473
within the district, for the enforcement of this chapter and rules	26474
adopted and orders and terms and conditions of permits, licenses,	26475
and variances issued under it, other than the hazardous waste	26476
provisions of this chapter and rules adopted and orders and terms	26477
and conditions of permits issued under those provisions; providing	26478
financial assistance to the county to defray the added costs of	26479
maintaining roads and other public facilities and of providing	26480
emergency and other public services resulting from the location	26481
and operation of a solid waste facility within the county under	26482
the district's approved solid waste management plan; paying the	26483
costs incurred by boards of health for collecting and analyzing	26484
water samples from public or private wells on lands adjacent to	26485
solid waste facilities that are contained in the approved or	26486
amended plan of the district; paying the costs of developing and	26487
implementing a program for the inspection of solid wastes	26488
generated outside the boundaries of this state that are disposed	26489
of at solid waste facilities included in the district's approved	26490
solid waste management plan or amended plan; providing financial	26491
assistance to boards of health within the district for enforcing	26492
laws prohibiting open dumping; providing financial assistance to	26493
local law enforcement agencies within the district for enforcing	26494
laws and ordinances prohibiting littering; providing financial	26495
assistance to boards of health of health districts within the	26496
district that are on the approved list under section 3734.08 of	26497
the Revised Code for the training and certification required for	26498
their employees responsible for solid waste enforcement by rules	26499
adopted under division (L) of section 3734.02 of the Revised Code;	26500
providing financial assistance to individual municipal	26501
corporations and townships within the district to defray their	26502
added costs of maintaining roads and other public facilities and	26503
of providing emergency and other public services resulting from	26504
the location and operation within their boundaries of a	26505
composting, energy or resource recovery, incineration, or	26506
recycling facility that either is owned by the district or is	26507
furnishing solid waste management facility or recycling services	26508
to the district pursuant to a contract or agreement with the board	26509
of county commissioners or directors of the district; and payment	26510
of any expenses that are agreed to, awarded, or ordered to be paid	26511
under section 3734.35 of the Revised Code and of any	26512
administrative costs incurred pursuant to that section, the solid	26513
waste management policy committee of a county or joint solid waste	26514
management district may levy fees upon the following activities:	26515

(1) The disposal at a solid waste disposal facility located	26516
in the district of solid wastes generated within the district;	26517

(2) The disposal at a solid waste disposal facility within	26518
the district of solid wastes generated outside the boundaries of	26519
the district, but inside this state;	26520

(3) The disposal at a solid waste disposal facility within	26521
the district of solid wastes generated outside the boundaries of	26522
this state.	26523

If any such fees are levied prior to January 1, 1994, fees	26524
levied under division (B)(1) of this section always shall be equal	26525
to one-half of the fees levied under division (B)(2) of this	26526
section, and fees levied under division (B)(3) of this section,	26527
which shall be in addition to fees levied under division (B)(2) of	26528
this section, always shall be equal to fees levied under division	26529
(B)(1) of this section, except as otherwise provided in this	26530
division. The solid waste management plan of the county or joint	26531
district approved under section 3734.521 or 3734.55 of the Revised	26532
Code and any amendments to it, or the resolution adopted under	26533
this division, as appropriate, shall establish the rates of the	26534
fees levied under divisions (B)(1), (2), and (3) of this section,	26535
if any, and shall specify whether the fees are levied on the basis	26536
of tons or cubic yards as the unit of measurement. Although the	26537
fees under divisions (A)(1) and (2) of this section are levied on	26538
the basis of tons as the unit of measurement, the solid waste	26539
management plan of the district and any amendments to it or the	26540
solid waste management policy committee in its resolution levying	26541
fees under this division may direct that the fees levied under	26542
those divisions be levied on the basis of cubic yards as the unit	26543
of measurement based upon a conversion factor of three cubic yards	26544
per ton generally or one cubic yard per ton for baled wastes if	26545
the fees under divisions (B)(1) to (3) of this section are being	26546
levied on the basis of cubic yards as the unit of measurement	26547
under the plan, amended plan, or resolution.	26548

On and after January 1, 1994, the fee levied under division	26549
(B)(1) of this section shall be not less than one dollar per ton	26550
nor more than two dollars per ton, the fee levied under division	26551
(B)(2) of this section shall be not less than two dollars per ton	26552
nor more than four dollars per ton, and the fee levied under	26553
division (B)(3) of this section shall be not more than the fee	26554
levied under division (B)(1) of this section, except as otherwise	26555
provided in this division and notwithstanding any schedule of	26556
those fees established in the solid waste management plan of a	26557
county or joint district approved under section 3734.55 of the	26558
Revised Code or a resolution adopted and ratified under this	26559
division that is in effect on that date. If the fee that a	26560
district is levying under division (B)(1) of this section on that	26561
date under its approved plan or such a resolution is less than one	26562
dollar per ton, the fee shall be one dollar per ton on and after	26563
January 1, 1994, and if the fee that a district is so levying	26564
under that division exceeds two dollars per ton, the fee shall be	26565
two dollars per ton on and after that date. If the fee that a	26566
district is so levying under division (B)(2) of this section is	26567
less than two dollars per ton, the fee shall be two dollars per	26568
ton on and after that date, and if the fee that the district is so	26569
levying under that division exceeds four dollars per ton, the fee	26570
shall be four dollars per ton on and after that date. On that	26571
date, the fee levied by a district under division (B)(3) of this	26572
section shall be equal to the fee levied under division (B)(1) of	26573
this section. Except as otherwise provided in this division, the	26574
fees established by the operation of this amendment shall remain	26575
in effect until the district's resolution levying fees under this	26576
division is amended or repealed in accordance with this division	26577
to amend or abolish the schedule of fees, the schedule of fees is	26578
amended or abolished in an amended plan of the district approved	26579
under section 3734.521 or division (A) or (D) of section 3734.56	26580
of the Revised Code, or the schedule of fees is amended or	26581
abolished through an amendment to the district's plan under	26582
division (E) of section 3734.56 of the Revised Code; the	26583
notification of the amendment or abolishment of the fees has been	26584
given in accordance with this division; and collection of the	26585
amended fees so established commences, or collection of the fees	26586
ceases, in accordance with this division.	26587

The solid waste management policy committee of a district	26588
levying fees under divisions (B)(1) to (3) of this section on	26589
October 29, 1993, under its solid waste management plan approved	26590
under section 3734.55 of the Revised Code or a resolution adopted	26591
and ratified under this division that are within the ranges of	26592
rates prescribed by this amendment, by adoption of a resolution	26593
not later than December 1, 1993, and without the necessity for	26594
ratification of the resolution under this division, may amend	26595
those fees within the prescribed ranges, provided that the	26596
estimated revenues from the amended fees will not substantially	26597
exceed the estimated revenues set forth in the district's budget	26598
for calendar year 1994. Not later than seven days after the	26599
adoption of such a resolution, the committee shall notify by	26600
certified mail the owner or operator of each solid waste disposal	26601
facility that is required to collect the fees of the adoption of	26602
the resolution and of the amount of the amended fees. Collection	26603
of the amended fees shall take effect on the first day of the	26604
first month following the month in which the notification is sent	26605
to the owner or operator. The fees established in such a	26606
resolution shall remain in effect until the district's resolution	26607
levying fees that was adopted and ratified under this division is	26608
amended or repealed, and the amendment or repeal of the resolution	26609
is ratified, in accordance with this division, to amend or abolish	26610
the fees, the schedule of fees is amended or abolished in an	26611
amended plan of the district approved under section 3734.521 or	26612
division (A) or (D) of section 3734.56 of the Revised Code, or the	26613
schedule of fees is amended or abolished through an amendment to	26614
the district's plan under division (E) of section 3734.56 of the	26615
Revised Code; the notification of the amendment or abolishment of	26616
the fees has been given in accordance with this division; and	26617
collection of the amended fees so established commences, or	26618
collection of the fees ceases, in accordance with this division.	26619

Prior to the approval of the solid waste management plan of	26620
the district under section 3734.55 of the Revised Code, the solid	26621
waste management policy committee of a district may levy fees	26622
under this division by adopting a resolution establishing the	26623
proposed amount of the fees. Upon adopting the resolution, the	26624
committee shall deliver a copy of the resolution to the board of	26625
county commissioners of each county forming the district and to	26626
the legislative authority of each municipal corporation and	26627
township under the jurisdiction of the district and shall prepare	26628
and publish the resolution and a notice of the time and location	26629
where a public hearing on the fees will be held. Upon adopting	26630
the resolution, the committee shall deliver written notice of the	26631
adoption of the resolution; of the amount of the proposed fees;	26632
and of the date, time, and location of the public hearing to the	26633
director and to the fifty industrial, commercial, or institutional	26634
generators of solid wastes within the district that generate the	26635
largest quantities of solid wastes, as determined by the	26636
committee, and to their local trade associations. The committee	26637
shall make good faith efforts to identify those generators within	26638
the district and their local trade associations, but the	26639
nonprovision of notice under this division to a particular	26640
generator or local trade association does not invalidate the	26641
proceedings under this division. The publication shall occur at	26642
least thirty days before the hearing. After the hearing, the	26643
committee may make such revisions to the proposed fees as it	26644
considers appropriate and thereafter, by resolution, shall adopt	26645
the revised fee schedule. Upon adopting the revised fee schedule,	26646
the committee shall deliver a copy of the resolution doing so to	26647
the board of county commissioners of each county forming the	26648
district and to the legislative authority of each municipal	26649
corporation and township under the jurisdiction of the district.	26650
Within sixty days after the delivery of a copy of the resolution	26651
adopting the proposed revised fees by the policy committee, each	26652
such board and legislative authority, by ordinance or resolution,	26653
shall approve or disapprove the revised fees and deliver a copy of	26654
the ordinance or resolution to the committee. If any such board	26655
or legislative authority fails to adopt and deliver to the policy	26656
committee an ordinance or resolution approving or disapproving the	26657
revised fees within sixty days after the policy committee	26658
delivered its resolution adopting the proposed revised fees, it	26659
shall be conclusively presumed that the board or legislative	26660
authority has approved the proposed revised fees.	26661

In the case of a county district or a joint district formed	26662
by two or three counties, the committee shall declare the proposed	26663
revised fees to be ratified as the fee schedule of the district	26664
upon determining that the board of county commissioners of each	26665
county forming the district has approved the proposed revised fees	26666
and that the legislative authorities of a combination of municipal	26667
corporations and townships with a combined population within the	26668
district comprising at least sixty per cent of the total	26669
population of the district have approved the proposed revised	26670
fees, provided that in the case of a county district, that	26671
combination shall include the municipal corporation having the	26672
largest population within the boundaries of the district, and	26673
provided further that in the case of a joint district formed by	26674
two or three counties, that combination shall include for each	26675
county forming the joint district the municipal corporation having	26676
the largest population within the boundaries of both the county in	26677
which the municipal corporation is located and the joint district.	26678
In the case of a joint district formed by four or more counties,	26679
the committee shall declare the proposed revised fees to be	26680
ratified as the fee schedule of the joint district upon	26681
determining that the boards of county commissioners of a majority	26682
of the counties forming the district have approved the proposed	26683
revised fees; that, in each of a majority of the counties forming	26684
the joint district, the proposed revised fees have been approved	26685
by the municipal corporation having the largest population within	26686
the county and the joint district; and that the legislative	26687
authorities of a combination of municipal corporations and	26688
townships with a combined population within the joint district	26689
comprising at least sixty per cent of the total population of the	26690
joint district have approved the proposed revised fees.	26691

For the purposes of this division, only the population of the	26692
unincorporated area of a township shall be considered. For the	26693
purpose of determining the largest municipal corporation within	26694
each county under this division, a municipal corporation that is	26695
located in more than one solid waste management district, but that	26696
is under the jurisdiction of one county or joint solid waste	26697
management district in accordance with division (A) of section	26698
3734.52 of the Revised Code shall be considered to be within the	26699
boundaries of the county in which a majority of the population of	26700
the municipal corporation resides.	26701

The committee may amend the schedule of fees levied pursuant	26702
to a resolution or amended resolution adopted and ratified under	26703
this division by adopting a resolution establishing the proposed	26704
amount of the amended fees. The committee may abolish the fees	26705
levied pursuant to such a resolution or amended resolution by	26706
adopting a resolution proposing to repeal them. Upon adopting	26707
such a resolution, the committee shall proceed to obtain	26708
ratification of the resolution in accordance with this division.	26709

Not later than fourteen days after declaring the fees or	26710
amended fees to be ratified under this division, the committee	26711
shall notify by certified mail the owner or operator of each solid	26712
waste disposal facility that is required to collect the fees of	26713
the ratification and the amount of the fees. Collection of any	26714
fees or amended fees ratified on or after March 24, 1992, shall	26715
commence on the first day of the second month following the month	26716
in which notification is sent to the owner or operator.	26717

Not later than fourteen days after declaring the repeal of	26718
the district's schedule of fees to be ratified under this	26719
division, the committee shall notify by certified mail the owner	26720
or operator of each facility that is collecting the fees of the	26721
repeal. Collection of the fees shall cease on the first day of	26722
the second month following the month in which notification is sent	26723
to the owner or operator.	26724

Not later than fourteen days after the director issues an	26725
order approving a district's solid waste management plan under	26726
section 3734.55 of the Revised Code or amended plan under division	26727
(A) or (D) of section 3734.56 of the Revised Code that establishes	26728
or amends a schedule of fees levied by the district, or the	26729
ratification of an amendment to the district's approved plan or	26730
amended plan under division (E) of section 3734.56 of the Revised	26731
Code that establishes or amends a schedule of fees, as	26732
appropriate, the committee shall notify by certified mail the	26733
owner or operator of each solid waste disposal facility that is	26734
required to collect the fees of the approval of the plan or	26735
amended plan, or the amendment to the plan, as appropriate, and	26736
the amount of the fees or amended fees. In the case of an initial	26737
or amended plan approved under section 3734.521 of the Revised	26738
Code in connection with a change in district composition, other	26739
than one involving the withdrawal of a county from a joint	26740
district, that establishes or amends a schedule of fees levied	26741
under divisions (B)(1) to (3) of this section by a district	26742
resulting from the change, the committee, within fourteen days	26743
after the change takes effect pursuant to division (G) of that	26744
section, shall notify by certified mail the owner or operator of	26745
each solid waste disposal facility that is required to collect the	26746
fees that the change has taken effect and of the amount of the	26747
fees or amended fees. Collection of any fees set forth in a plan	26748
or amended plan approved by the director on or after April 16,	26749
1993, or an amendment of a plan or amended plan under division (E)	26750
of section 3734.56 of the Revised Code that is ratified on or	26751
after April 16, 1993, shall commence on the first day of the	26752
second month following the month in which notification is sent to	26753
the owner or operator.	26754

Not later than fourteen days after the director issues an	26755
order approving a district's plan under section 3734.55 of the	26756
Revised Code or amended plan under division (A) or (D) of section	26757
3734.56 of the Revised Code that abolishes the schedule of fees	26758
levied under divisions (B)(1) to (3) of this section, or an	26759
amendment to the district's approved plan or amended plan	26760
abolishing the schedule of fees is ratified pursuant to division	26761
(E) of section 3734.56 of the Revised Code, as appropriate, the	26762
committee shall notify by certified mail the owner or operator of	26763
each facility that is collecting the fees of the approval of the	26764
plan or amended plan, or the amendment of the plan or amended	26765
plan, as appropriate, and the abolishment of the fees. In the	26766
case of an initial or amended plan approved under section 3734.521	26767
of the Revised Code in connection with a change in district	26768
composition, other than one involving the withdrawal of a county	26769
from a joint district, that abolishes the schedule of fees levied	26770
under divisions (B)(1) to (3) of this section by a district	26771
resulting from the change, the committee, within fourteen days	26772
after the change takes effect pursuant to division (G) of that	26773
section, shall notify by certified mail the owner or operator of	26774
each solid waste disposal facility that is required to collect the	26775
fees that the change has taken effect and of the abolishment of	26776
the fees. Collection of the fees shall cease on the first day of	26777
the second month following the month in which notification is sent	26778
to the owner or operator.	26779

Except as otherwise provided in this division, if the	26780
schedule of fees that a district is levying under divisions (B)(1)	26781
to (3) of this section pursuant to a resolution or amended	26782
resolution adopted and ratified under this division, the solid	26783
waste management plan of the district approved under section	26784
3734.55 of the Revised Code, an amended plan approved under	26785
division (A) or (D) of section 3734.56 of the Revised Code, or an	26786
amendment to the district's approved plan or amended plan under	26787
division (E) of section 3734.56 of the Revised Code, is amended by	26788
the adoption and ratification of an amendment to the resolution or	26789
amended resolution or an amendment of the district's approved plan	26790
or amended plan, the fees in effect immediately prior to the	26791
approval of the plan or the amendment of the resolution, amended	26792
resolution, plan, or amended plan, as appropriate, shall continue	26793
to be collected until collection of the amended fees commences	26794
pursuant to this division.	26795

If, in the case of a change in district composition involving	26796
the withdrawal of a county from a joint district, the director	26797
completes the actions required under division (G)(1) or (3) of	26798
section 3734.521 of the Revised Code, as appropriate, forty-five	26799
days or more before the beginning of a calendar year, the policy	26800
committee of each of the districts resulting from the change that	26801
obtained the director's approval of an initial or amended plan in	26802
connection with the change, within fourteen days after the	26803
director's completion of the required actions, shall notify by	26804
certified mail the owner or operator of each solid waste disposal	26805
facility that is required to collect the district's fees that the	26806
change is to take effect on the first day of January immediately	26807
following the issuance of the notice and of the amount of the fees	26808
or amended fees levied under divisions (B)(1) to (3) of this	26809
section pursuant to the district's initial or amended plan as so	26810
approved or, if appropriate, the abolishment of the district's	26811
fees by that initial or amended plan. Collection of any fees set	26812
forth in such a plan or amended plan shall commence on the first	26813
day of January immediately following the issuance of the notice.	26814
If such an initial or amended plan abolishes a schedule of fees,	26815
collection of the fees shall cease on that first day of January.	26816

If, in the case of a change in district composition involving	26817
the withdrawal of a county from a joint district, the director	26818
completes the actions required under division (G)(1) or (3) of	26819
section 3734.521 of the Revised Code, as appropriate, less than	26820
forty-five days before the beginning of a calendar year, the	26821
director, on behalf of each of the districts resulting from the	26822
change that obtained the director's approval of an initial or	26823
amended plan in connection with the change proceedings, shall	26824
notify by certified mail the owner or operator of each solid waste	26825
disposal facility that is required to collect the district's fees	26826
that the change is to take effect on the first day of January	26827
immediately following the mailing of the notice and of the amount	26828
of the fees or amended fees levied under divisions (B)(1) to (3)	26829
of this section pursuant to the district's initial or amended plan	26830
as so approved or, if appropriate, the abolishment of the	26831
district's fees by that initial or amended plan. Collection of	26832
any fees set forth in such a plan or amended plan shall commence	26833
on the first day of the second month following the month in which	26834
notification is sent to the owner or operator. If such an initial	26835
or amended plan abolishes a schedule of fees, collection of the	26836
fees shall cease on the first day of the second month following	26837
the month in which notification is sent to the owner or operator.	26838

In the case of a change in district composition, the schedule	26839
of fees that the former districts that existed prior to the change	26840
were levying under divisions (B)(1) to (3) of this section	26841
pursuant to a resolution or amended resolution adopted and	26842
ratified under this division, the solid waste management plan of a	26843
former district approved under section 3734.521 or 3734.55 of the	26844
Revised Code, an amended plan approved under section 3734.521 or	26845
division (A) or (D) of section 3734.56 of the Revised Code, or an	26846
amendment to a former district's approved plan or amended plan	26847
under division (E) of section 3734.56 of the Revised Code, and	26848
that were in effect on the date that the director completed the	26849
actions required under division (G)(1) or (3) of section 3734.521	26850
of the Revised Code shall continue to be collected until the	26851
collection of the fees or amended fees of the districts resulting	26852
from the change is required to commence, or if an initial or	26853
amended plan of a resulting district abolishes a schedule of fees,	26854
collection of the fees is required to cease, under this division.	26855
Moneys so received from the collection of the fees of the former	26856
districts shall be divided among the resulting districts in	26857
accordance with division (B) of section 343.012 of the Revised	26858
Code and the agreements entered into under division (B) of section	26859
343.01 of the Revised Code to establish the former and resulting	26860
districts and any amendments to those agreements.	26861

For the purposes of the provisions of division (B) of this	26862
section establishing the times when newly established or amended	26863
fees levied by a district are required to commence and the	26864
collection of fees that have been amended or abolished is required	26865
to cease, "fees" or "schedule of fees" includes, in addition to	26866
fees levied under divisions (B)(1) to (3) of this section, those	26867
levied under section 3734.573 or 3734.574 of the Revised Code.	26868

(C) For the purposes of defraying the added costs to a	26869
municipal corporation or township of maintaining roads and other	26870
public facilities and of providing emergency and other public	26871
services, and compensating a municipal corporation or township for	26872
reductions in real property tax revenues due to reductions in real	26873
property valuations resulting from the location and operation of a	26874
solid waste disposal facility within the municipal corporation or	26875
township, a municipal corporation or township in which such a	26876
solid waste disposal facility is located may levy a fee of not	26877
more than twenty-five cents per ton on the disposal of solid	26878
wastes at a solid waste disposal facility located within the	26879
boundaries of the municipal corporation or township regardless of	26880
where the wastes were generated.	26881

The legislative authority of a municipal corporation or	26882
township may levy fees under this division by enacting an	26883
ordinance or adopting a resolution establishing the amount of the	26884
fees. Upon so doing the legislative authority shall mail a	26885
certified copy of the ordinance or resolution to the board of	26886
county commissioners or directors of the county or joint solid	26887
waste management district in which the municipal corporation or	26888
township is located or, if a regional solid waste management	26889
authority has been formed under section 343.011 of the Revised	26890
Code, to the board of trustees of that regional authority, the	26891
owner or operator of each solid waste disposal facility in the	26892
municipal corporation or township that is required to collect the	26893
fee by the ordinance or resolution, and the director of	26894
environmental protection. Although the fees levied under this	26895
division are levied on the basis of tons as the unit of	26896
measurement, the legislative authority, in its ordinance or	26897
resolution levying the fees under this division, may direct that	26898
the fees be levied on the basis of cubic yards as the unit of	26899
measurement based upon a conversion factor of three cubic yards	26900
per ton generally or one cubic yard per ton for baled wastes.	26901

Not later than five days after enacting an ordinance or	26902
adopting a resolution under this division, the legislative	26903
authority shall so notify by certified mail the owner or operator	26904
of each solid waste disposal facility that is required to collect	26905
the fee. Collection of any fee levied on or after March 24, 1992,	26906
shall commence on the first day of the second month following the	26907
month in which notification is sent to the owner or operator.	26908

(D)(1) The fees levied under divisions (A), (B), and (C) of	26909
this section do not apply to the disposal of solid wastes that:	26910

(a) Are disposed of at a facility owned by the generator of	26911
the wastes when the solid waste facility exclusively disposes of	26912
solid wastes generated at one or more premises owned by the	26913
generator regardless of whether the facility is located on a	26914
premises where the wastes are generated;	26915

(b) Are disposed of at facilities that exclusively dispose	26916
of wastes that are generated from the combustion of coal, or from	26917
the combustion of primarily coal in combination with scrap tires,	26918
that is not combined in any way with garbage at one or more	26919
premises owned by the generator.	26920

(2) Except as provided in section 3734.571 of the Revised	26921
Code, any fees levied under division (B)(1) of this section apply	26922
to solid wastes originating outside the boundaries of a county or	26923
joint district that are covered by an agreement for the joint use	26924
of solid waste facilities entered into under section 343.02 of the	26925
Revised Code by the board of county commissioners or board of	26926
directors of the county or joint district where the wastes are	26927
generated and disposed of.	26928

(3) When solid wastes, other than solid wastes that consist	26929
of scrap tires, are burned in a disposal facility that is an	26930
incinerator or energy recovery facility, the fees levied under	26931
divisions (A), (B), and (C) of this section shall be levied upon	26932
the disposal of the fly ash and bottom ash remaining after burning	26933
of the solid wastes and shall be collected by the owner or	26934
operator of the sanitary landfill where the ash is disposed of.	26935

(4) When solid wastes are delivered to a solid waste	26936
transfer facility, the fees levied under divisions (A), (B), and	26937
(C) of this section shall be levied upon the disposal of solid	26938
wastes transported off the premises of the transfer facility for	26939
disposal and shall be collected by the owner or operator of the	26940
solid waste disposal facility where the wastes are disposed of.	26941

(5) The fees levied under divisions (A), (B), and (C) of	26942
this section do not apply to sewage sludge that is generated by a	26943
waste water treatment facility holding a national pollutant	26944
discharge elimination system permit and that is disposed of	26945
through incineration, land application, or composting or at	26946
another resource recovery or disposal facility that is not a	26947
landfill.	26948

(6) The fees levied under divisions (A), (B), and (C) of	26949
this section do not apply to solid wastes delivered to a solid	26950
waste composting facility for processing. When any unprocessed	26951
solid waste or compost product is transported off the premises of	26952
a composting facility and disposed of at a landfill, the fees	26953
levied under divisions (A), (B), and (C) of this section shall be	26954
collected by the owner or operator of the landfill where the	26955
unprocessed waste or compost product is disposed of.	26956

(7) When solid wastes that consist of scrap tires are	26957
processed at a scrap tire recovery facility, the fees levied under	26958
divisions (A), (B), and (C) of this section shall be levied upon	26959
the disposal of the fly ash and bottom ash or other solid wastes	26960
remaining after the processing of the scrap tires and shall be	26961
collected by the owner or operator of the solid waste disposal	26962
facility where the ash or other solid wastes are disposed of.	26963

(E) The fees levied under divisions (B) and (C) of this	26964
section shall be collected by the owner or operator of the solid	26965
waste disposal facility where the wastes are disposed of as a	26966
trustee for the county or joint district and municipal corporation	26967
or township where the wastes are disposed of. Moneys from the	26968
fees levied under division (B) of this section shall be forwarded	26969
to the board of county commissioners or board of directors of the	26970
district in accordance with rules adopted under division (H) of	26971
this section. Moneys from the fees levied under division (C) of	26972
this section shall be forwarded to the treasurer or such other	26973
officer of the municipal corporation as, by virtue of the charter,	26974
has the duties of the treasurer or to the clerk of the township,	26975
as appropriate, in accordance with those rules.	26976

(F) Moneys received by the treasurer or such other officer	26977
of the municipal corporation under division (E) of this section	26978
shall be paid into the general fund of the municipal corporation.	26979
Moneys received by the clerk of the township under that division	26980
shall be paid into the general fund of the township. The	26981
treasurer or such other officer of the municipal corporation or	26982
the clerk, as appropriate, shall maintain separate records of the	26983
moneys received from the fees levied under division (C) of this	26984
section.	26985

(G) Moneys received by the board of county commissioners or	26986
board of directors under division (E) of this section or section	26987
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	26988
shall be paid to the county treasurer, or other official acting in	26989
a similar capacity under a county charter, in a county district or	26990
to the county treasurer or other official designated by the board	26991
of directors in a joint district and kept in a separate and	26992
distinct fund to the credit of the district. If a regional solid	26993
waste management authority has been formed under section 343.011	26994
of the Revised Code, moneys received by the board of trustees of	26995
that regional authority under division (E) of this section shall	26996
be kept by the board in a separate and distinct fund to the credit	26997
of the district. Moneys in the special fund of the county or	26998
joint district arising from the fees levied under division (B) of	26999
this section and the fee levied under division (A) of section	27000
3734.573 of the Revised Code shall be expended by the board of	27001
county commissioners or directors of the district in accordance	27002
with the district's solid waste management plan or amended plan	27003
approved under section 3734.521, 3734.55, or 3734.56 of the	27004
Revised Code exclusively for the following purposes:	27005

(1) Preparation of the solid waste management plan of the	27006
district under section 3734.54 of the Revised Code, monitoring	27007
implementation of the plan, and conducting the periodic review and	27008
amendment of the plan required by section 3734.56 of the Revised	27009
Code by the solid waste management policy committee;	27010

(2) Implementation of the approved solid waste management	27011
plan or amended plan of the district, including, without	27012
limitation, the development and implementation of solid waste	27013
recycling or reduction programs;	27014

(3) Providing financial assistance to boards of health	27015
within the district, if solid waste facilities are located within	27016
the district, for enforcement of this chapter and rules, orders,	27017
and terms and conditions of permits, licenses, and variances	27018
adopted or issued under it, other than the hazardous waste	27019
provisions of this chapter and rules adopted and orders and terms	27020
and conditions of permits issued under those provisions;	27021

(4) Providing financial assistance to each county within the	27022
district to defray the added costs of maintaining roads and other	27023
public facilities and of providing emergency and other public	27024
services resulting from the location and operation of a solid	27025
waste facility within the county under the district's approved	27026
solid waste management plan or amended plan;	27027

(5) Pursuant to contracts entered into with boards of health	27028
within the district, if solid waste facilities contained in the	27029
district's approved plan or amended plan are located within the	27030
district, for paying the costs incurred by those boards of health	27031
for collecting and analyzing samples from public or private water	27032
wells on lands adjacent to those facilities;	27033

(6) Developing and implementing a program for the inspection	27034
of solid wastes generated outside the boundaries of this state	27035
that are disposed of at solid waste facilities included in the	27036
district's approved solid waste management plan or amended plan;	27037

(7) Providing financial assistance to boards of health	27038
within the district for the enforcement of section 3734.03 of the	27039
Revised Code or to local law enforcement agencies having	27040
jurisdiction within the district for enforcing anti-littering laws	27041
and ordinances;	27042

(8) Providing financial assistance to boards of health of	27043
health districts within the district that are on the approved list	27044
under section 3734.08 of the Revised Code to defray the costs to	27045
the health districts for the participation of their employees	27046
responsible for enforcement of the solid waste provisions of this	27047
chapter and rules adopted and orders and terms and conditions of	27048
permits, licenses, and variances issued under those provisions in	27049
the training and certification program as required by rules	27050
adopted under division (L) of section 3734.02 of the Revised Code;	27051

(9) Providing financial assistance to individual municipal	27052
corporations and townships within the district to defray their	27053
added costs of maintaining roads and other public facilities and	27054
of providing emergency and other public services resulting from	27055
the location and operation within their boundaries of a	27056
composting, energy or resource recovery, incineration, or	27057
recycling facility that either is owned by the district or is	27058
furnishing solid waste management facility or recycling services	27059
to the district pursuant to a contract or agreement with the board	27060
of county commissioners or directors of the district;	27061

(10) Payment of any expenses that are agreed to, awarded, or	27062
ordered to be paid under section 3734.35 of the Revised Code and	27063
of any administrative costs incurred pursuant to that section. In	27064
the case of a joint solid waste management district, if the board	27065
of county commissioners of one of the counties in the district is	27066
negotiating on behalf of affected communities, as defined in that	27067
section, in that county, the board shall obtain the approval of	27068
the board of directors of the district in order to expend moneys	27069
for administrative costs incurred.	27070

Prior to the approval of the district's solid waste	27071
management plan under section 3734.55 of the Revised Code, moneys	27072
in the special fund of the district arising from the fees shall be	27073
expended for those purposes in the manner prescribed by the solid	27074
waste management policy committee by resolution.	27075

Notwithstanding division (G)(6) of this section as it existed	27076
prior to October 29, 1993, or any provision in a district's solid	27077
waste management plan prepared in accordance with division	27078
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	27079
prior to that date, any moneys arising from the fees levied under	27080
division (B)(3) of this section prior to January 1, 1994, may be	27081
expended for any of the purposes authorized in divisions (G)(1) to	27082
(10) of this section.	27083

(H) The director shall adopt rules in accordance with	27084
Chapter 119. of the Revised Code prescribing procedures for	27085
collecting and forwarding the fees levied under divisions (B) and	27086
(C) of this section to the boards of county commissioners or	27087
directors of county or joint solid waste management districts and	27088
to the treasurers or other officers of municipal corporations or	27089
to the clerks of townships. The rules also shall prescribe the	27090
dates for forwarding the fees to the boards and officials and may	27091
prescribe any other requirements the director considers necessary	27092
or appropriate to implement and administer divisions (A), (B), and	27093
(C) of this section. Collection of the fees levied under division	27094
(A)(1) of this section shall commence on July 1, 1993. Collection	27095
of the fees levied under division (A)(2) of this section shall	27096
commence on January 1, 1994.	27097

Sec. 3734.82.  (A) The annual fee for a scrap tire recovery	27098
facility license issued under section 3734.81 of the Revised Code	27099
shall be in accordance with the following schedule:	27100

For the purpose of determining the applicable license fee	27111
under this division, the daily design input capacity shall be the	27112
quantity of scrap tires the facility is designed to process daily	27113
as set forth in the registration certificate or permit for the	27114
facility, and any modifications to the permit, if applicable,	27115
issued under section 3734.78 of the Revised Code.	27116

(B) The annual fee for a scrap tire monocell or monofill	27117
facility license shall be in accordance with the following	27118
schedule:	27119

For the purpose of determining the applicable license fee	27127
under this division, the authorized maximum daily waste receipt	27128
shall be the maximum amount of scrap tires the facility is	27129
authorized to receive daily that is established in the permit for	27130
the facility, and any modification to that permit, issued under	27131
section 3734.77 of the Revised Code.	27132

(C)(1) Except as otherwise provided in division (C)(2) of	27133
this section, the annual fee for a scrap tire storage facility	27134
license shall equal one thousand dollars times the number of acres	27135
on which scrap tires are to be stored at the facility during the	27136
license year, as set forth on the application for the annual	27137
license, except that the total annual license fee for any such	27138
facility shall not exceed three thousand dollars.	27139

(2) The annual fee for a scrap tire storage facility license	27140
for a storage facility that is owned or operated by a motor	27141
vehicle salvage dealer licensed under Chapter 4738. of the Revised	27142
Code is one hundred dollars.	27143

(D)(1) Except as otherwise provided in division (D)(2) of	27144
this section, the annual fee for a scrap tire collection facility	27145
license is two hundred dollars.	27146

(2) The annual fee for a scrap tire collection facility	27147
license for a collection facility that is owned or operated by a	27148
motor vehicle salvage dealer licensed under Chapter 4738. of the	27149
Revised Code is fifty dollars.	27150

(E) Except as otherwise provided in divisions (C)(2) and	27151
(D)(2) of this section, the same fees apply to private operators	27152
and to the state and its political subdivisions and shall be paid	27153
within thirty days after the issuance of a license. The fees	27154
include the cost of licensing, all inspections, and other costs	27155
associated with the administration of the scrap tire provisions of	27156
this chapter and rules adopted under them. Each license shall	27157
specify that it is conditioned upon payment of the applicable fee	27158
to the board of health or the director of environmental	27159
protection, as appropriate, within thirty days after the issuance	27160
of the license.	27161

(F) The board of health shall retain fifteen thousand	27162
dollars of each license fee collected by the board under division	27163
(B) of this section, or the entire amount of any such fee that is	27164
less than fifteen thousand dollars, and the entire amount of each	27165
license fee collected by the board under divisions (A), (C), and	27166
(D) of this section. The moneys retained shall be paid into a	27167
special fund, which is hereby created in each health district, and	27168
used solely to administer and enforce the scrap tire provisions of	27169
this chapter and rules adopted under them. The remainder, if any,	27170
of each license fee collected by the board under division (B) of	27171
this section shall be transmitted to the director within	27172
forty-five days after receipt of the fee.	27173

(G) The director shall transmit the moneys received by the	27174
director from license fees collected under division (B) of this	27175
section to the treasurer of state to be credited to the scrap tire	27176
management fund, which is hereby created in the state treasury.	27177
The fund shall consist of all federal moneys received by the	27178
environmental protection agency for the scrap tire management	27179
program; all grants, gifts, and contributions made to the director	27180
for that program; and all other moneys that may be provided by law	27181
for that program. The director shall use moneys in the fund as	27182
follows:	27183

(1) Expend not more than seven hundred fifty thousand	27184
dollars during each fiscal year to implement, administer, and	27185
enforce the scrap tire provisions of this chapter and rules	27186
adopted under them;	27187

(2) For fiscal years 1998 and 1999, grant not more than one	27188
hundred fifty thousand dollars during each fiscal year to the	27189
polymer institute at the university of Akron for the purpose of	27190
expediting research concerning and evaluation of alternative	27191
methods of recycling scrap tires. The institute shall report to	27192
the director annually concerning research programs under review,	27193
and the results of scrap tire recycling experiments conducted, by	27194
or in conjunction with the institute. The university shall report	27195
to the director biennially concerning the expenditures of moneys	27196
received by the institute under division (G)(2) of this section.	27197

(3) During each fiscal year, request the director of budget	27198
and management to, and the director of budget and management	27199
shall, transfer one million dollars to the scrap tire loans and	27200
grants grant fund created in section 166.032 1502.12 of the	27201
Revised Code for the purposes specified in that section;	27202

(4) Annually transfer to the central support indirect fund	27203
created in section 3745.014 of the Revised Code an amount equal to	27204
not more than twelve per cent of each fiscal year's appropriation	27205
to the scrap tire management fund.	27206

(H)(1) If, during a fiscal year, more than three million	27207
five hundred thousand dollars are credited to the scrap tire	27208
management fund, the director, at the conclusion of the fiscal	27209
year, shall request the director of budget and management to, and	27210
the director of budget and management shall, transfer to the scrap	27211
tire loans and grants fund one-half of the moneys credited to the	27212
scrap tire management fund in excess of that amount.	27213

(2) In each fiscal year, if more than three million five	27214
hundred thousand dollars are credited to the scrap tire management	27215
fund during the preceding fiscal year, the director shall expend	27216
during the current fiscal year one-half of that excess amount to	27217
conduct removal operations under section 3734.85 of the Revised	27218
Code.	27219

(3) Expend not more than three million dollars per year	27220
during fiscal years 2002 and 2003 to conduct removal actions under	27221
section 3734.85 of the Revised Code and to make grants to boards	27222
of health under section 3734.042 of the Revised Code. However,	27223
more than three million dollars may be expended in fiscal years	27224
2002 and 2003 for the purposes of division (G)(3) of this section	27225
if more moneys are collected from the fee levied under division	27226
(A)(2) of section 3734.901 of the Revised Code. During each	27227
subsequent fiscal year the director shall expend not more than	27228
four million five hundred thousand dollars to conduct removal	27229
actions under section 3734.85 of the Revised Code and to make	27230
grants to boards of health under section 3734.042 of the Revised	27231
Code. However, more than four million five hundred thousand	27232
dollars may be expended in a fiscal year for the purposes of	27233
division (G)(3) of this section if more moneys are collected from	27234
the fee levied under division (A)(2) of section 3734.901 of the	27235
Revised Code. The director shall request the approval of the	27236
controlling board prior to the use of the moneys to conduct	27237
removal actions under section 3734.85 of the Revised Code. The	27238
request shall be accompanied by a plan describing the removal	27239
actions to be conducted during the fiscal year and an estimate of	27240
the costs of conducting them. The controlling board shall approve	27241
the plan only if it finds that the proposed removal actions are in	27242
accordance with the priorities set forth in division (B) of	27243
section 3734.85 of the Revised Code and that the costs of	27244
conducting them are reasonable. Controlling board approval is not	27245
required for grants made to boards of health under section	27246
3734.042 of the Revised Code.	27247

(H) If, during a fiscal year, more than seven million	27248
dollars are credited to the scrap tire management fund, the	27249
director, at the conclusion of the fiscal year, shall request the	27250
director of budget and management to, and the director of budget	27251
and management shall, transfer one-half of those excess moneys to	27252
the scrap tire grant fund. The director shall expend the	27253
remaining excess moneys in the scrap tire management fund to	27254
conduct removal actions under section 3734.85 of the Revised Code	27255
in accordance with the procedures established under division (I)	27256
of this section.	27257

(I) After the actions in divisions (G)(1) to (4)(3) and (H)	27258
of this section are completed during each prior fiscal year, the	27259
director may expend up to the balance remaining from prior fiscal	27260
years in the scrap tire management fund to conduct removal actions	27261
under section 3734.85 of the Revised Code. Prior to using any	27262
moneys in the fund for that purpose in a fiscal year, the director	27263
shall request the approval of the controlling board for that use	27264
of the moneys. The request shall be accompanied by a plan	27265
describing the removal actions to be conducted during the fiscal	27266
year and an estimate of the costs of conducting them. The	27267
controlling board shall approve the plan only if the board finds	27268
that the proposed removal actions are in accordance with the	27269
priorities set forth in division (B) of section 3734.85 of the	27270
Revised Code and that the costs of conducting them are reasonable.	27271

Sec. 3734.901.  (A)(1) For the purpose of providing revenue	27272
to defray the cost of administering and enforcing the scrap tire	27273
provisions of this chapter, rules adopted under those provisions,	27274
and terms and conditions of orders, variances, and licenses issued	27275
under those provisions; to abate accumulations of scrap tires; to	27276
make grants to promote research regarding alternative methods of	27277
recycling scrap tires and loans to promote the recycling or	27278
recovery of energy from scrap tires; and to defray the costs of	27279
administering and enforcing sections 3734.90 to 3734.9014 of the	27280
Revised Code, a fee of fifty cents per tire is hereby levied on	27281
the sale of tires. The fee is levied from the first day of the	27282
calendar month that begins next after thirty days from October 29,	27283
1993, through June 30, 2006.	27284

(2) There is hereby levied an additional fee of fifty cents	27285
per tire on the sale of tires the proceeds of which shall be	27286
deposited in the scrap tire management fund created in section	27287
3734.82 of the Revised Code and be used exclusively for the	27288
purposes specified in division (G)(3) of that section.	27289

(B) Only one sale of the same article shall be used in	27290
computing the amount of the fee due.	27291

Sec. 3734.904.  (A) By the twentieth day of each month, each	27292
person required to pay the fee imposed by section 3734.901 of the	27293
Revised Code shall file with the treasurer of state tax	27294
commissioner a return as prescribed by the tax commissioner and	27295
shall make payment of the full amount of the fee due for the	27296
preceding month after deduction of any discount provided for under	27297
division (E) of this section. The return shall be signed by the	27298
person required to file it, or an authorized employee, officer, or	27299
agent. The treasurer shall mark on the return the date it was	27300
received and indicate payment or nonpayment of the fee shown to be	27301
due on the return. The treasurer immediately shall transmit all	27302
returns to the tax commissioner. The return shall be deemed filed	27303
when received by the treasurer of state tax commissioner.	27304

(B) Any person required by this section to file a return who	27305
fails to file such a return within the period prescribed may be	27306
required to pay an additional charge of fifty dollars or ten per	27307
cent of the fee required to be paid for the reporting period,	27308
whichever is greater. The commissioner may collect the additional	27309
charge by assessment pursuant to section 3734.907 of the Revised	27310
Code. The commissioner may remit all or a portion of the	27311
additional charge and may adopt rules relating thereto.	27312

(C) If any fee due is not paid timely in accordance with	27313
this section, the person liable for the fee shall pay interest,	27314
calculated at the rate per annum as prescribed by section 5703.47	27315
of the Revised Code, from the date the fee payment was due to the	27316
date of payment or to the date an assessment is issued, whichever	27317
occurs first. Interest shall be paid in the same manner as the	27318
fee, and the commissioner may collect the interest by assessment	27319
pursuant to section 3734.907 of the Revised Code.	27320

(D) If, in the estimation of the tax commissioner, the	27321
average liability of the person liable for the fee is such as not	27322
to merit monthly filing, the commissioner may authorize the person	27323
to file and pay at less frequent intervals. Returns are due by	27324
the twentieth day of the month following the close of the	27325
applicable reporting period authorized under this division.	27326

(E) If a return is filed and the amount of the fee shown to	27327
be due on the return is paid on or before the date that the return	27328
is required to be filed under division (A) of this section or	27329
pursuant to division (D) of this section, whichever is applicable,	27330
the person liable for the fee is entitled to a discount of four	27331
per cent of the amount shown to be due on the return.	27332

(F) All money collected by the tax commissioner under this	27333
section shall be paid to the treasurer of state as revenue arising	27334
from the fee imposed by section 3734.901 of the Revised Code.	27335

Sec. 3735.27.  (A) Whenever the director of development has	27336
determined that there is need for a housing authority in any	27337
portion of any county that comprises two or more political	27338
subdivisions or portions thereof but is less than all the	27339
territory within the county, a metropolitan housing authority	27340
shall be declared to exist and the territorial limits thereof	27341
shall be defined by a letter from the director. The director	27342
shall issue a determination from the department of development	27343
declaring that there is need for a housing authority within such	27344
territorial limits if he finds after finding either:	27345

(1) Unsanitary or unsafe inhabited housing accommodations	27346
exist in such area;	27347

(2) There is a shortage of safe and sanitary housing	27348
accommodations in such area available to persons who lack the	27349
amount of income which is necessary, as determined by the	27350
director, to enable them, without financial assistance, to live in	27351
decent, safe, and sanitary dwellings without congestion.	27352

In determining whether dwelling accommodations are unsafe or	27353
unsanitary the director may take into consideration the degree of	27354
congestion, the percentage of land coverage, the light, air,	27355
space, and access available to the inhabitants of such dwelling	27356
accommodations, the size and arrangement of the rooms, the	27357
sanitary facilities, and the extent to which conditions exist in	27358
such buildings which endanger life or property by fire or other	27359
causes.	27360

The territorial limits of a housing authority, defined by the	27361
director, shall be fixed for such authority upon proof of a letter	27362
from the director declaring the need for such authority to	27363
function in those territorial limits. Any such letter from the	27364
director, any certificate of determination issued by the director,	27365
and any certificate of appointment of members of the authority	27366
shall be admissible in evidence in any suit, action, or	27367
proceeding.	27368

A certified copy of the letter from the director, declaring	27369
the existence and boundaries of a housing authority district,	27370
shall be immediately forwarded to each appointing authority. A	27371
housing authority shall consist of five members, who shall be	27372
residents of the territory embraced in such metropolitan housing	27373
authority district.	27374

(B) Except as otherwise provided in division (C) of this	27375
section, one member shall be appointed by the probate court, one	27376
member by the court of common pleas, one member by the board of	27377
county commissioners, and two members by the chief executive	27378
officer of the most populous city in the territory included in the	27379
district, in accordance with the last preceding federal census. At	27380
the time of the initial appointment of the authority, the member	27381
appointed by the probate court shall be appointed for a period of	27382
four years, the appointee of the court of common pleas for three	27383
years, the appointee of the board of county commissioners for two	27384
years, one appointee of the chief executive officer for one year	27385
and one appointee of the chief executive officer for five years.	27386
Thereafter, all members of the authority shall be appointed for	27387
five-year terms and vacancies due to expired terms shall be filled	27388
by the same appointing powers.	27389

(C) For any metropolitan housing authority district that	27390
contains contained, as of the 1990 federal census, a population of	27391
at least one million, two members of the authority shall be	27392
appointed by the municipal legislative authority of the most	27393
populous city in the territory included in the district, two	27394
members by the chief executive officer of the most populous city	27395
in the territory included in the district, and one member by the	27396
chief executive officer, with the approval of the municipal	27397
legislative authority, of the city in the district which has the	27398
second highest number of housing units owned or managed by the	27399
authority.	27400

At the time of the initial appointment of the authority, one	27401
member appointed by the municipal legislative authority of the	27402
most populous city in the territory included in the district shall	27403
be appointed for three years, and one for one year; the appointee	27404
of the chief executive officer of the city with the second highest	27405
number of housing units owned or managed by the authority shall be	27406
appointed, with the approval of the municipal legislative	27407
authority, for three years; one appointee of the chief executive	27408
officer of the most populous city in the district shall be	27409
appointed for three years, and one for one year. Thereafter, all	27410
members of the authority shall be appointed for three-year terms,	27411
and any vacancy shall be filled by the same appointing power that	27412
made the initial appointment. At the expiration of the term of	27413
any member appointed by the chief executive officer of the most	27414
populous city in the territory included in the district prior to	27415
March 15, 1983, the chief executive officer of the most populous	27416
city in the district shall fill the vacancy by appointment for a	27417
three-year term. At the expiration of the term of any member	27418
appointed by the board of county commissioners prior to March 15,	27419
1983, the chief executive officer of the city in the district with	27420
the second highest number of housing units owned or managed by the	27421
authority shall, with the approval of the municipal legislative	27422
authority, fill the vacancy by appointment for a three-year term.	27423
At the expiration of the term of any member appointed prior to	27424
March 15, 1983 by the court of common pleas or the probate court,	27425
the legislative authority of the most populous city in the	27426
territory included in the district shall fill the vacancy by	27427
appointment for a three-year term.	27428

After March 15, 1983, at least one of the members appointed	27429
by the chief executive officer of the most populous city shall be	27430
a resident of a dwelling unit owned or managed by the housing	27431
authority. At least one of the initial appointments by the chief	27432
executive officer of the most populous city, after March 15, 1983,	27433
shall be a resident of a dwelling unit owned or managed by the	27434
housing authority. Thereafter, any member appointed by the chief	27435
executive officer for the term established by this initial	27436
appointment, or for any succeeding term thereof, shall be a person	27437
who resides in a dwelling unit owned or managed by the housing	27438
authority. If there is an elected, representative body of all	27439
residents of the housing authority, then the chief executive	27440
officer shall, whenever there is a vacancy in this resident term,	27441
provide written notice of the vacancy to the representative body.	27442
If the representative body submits to the chief executive officer,	27443
in writing and within sixty days after the date on which it was	27444
notified of the vacancy, the names of at least five residents of	27445
the housing authority who are willing and qualified to serve as a	27446
member, then the chief executive officer shall appoint to the	27447
resident term one of the residents recommended by the	27448
representative body. At no time shall residents constitute a	27449
majority of the members of the authority.	27450

(D) Public officials, other than the officers having the	27451
appointing power under this section, shall be eligible to serve as	27452
members, officers, or employees of the housing authority	27453
notwithstanding any statute, charter, or law to the contrary. Not	27454
more than two such public officials shall be members of the	27455
authority at any one time.	27456

All members of such housing authority shall serve without	27457
compensation but shall be entitled to be reimbursed for all	27458
necessary expenses incurred. After such district has been formed,	27459
the director may enlarge the territory within such district to	27460
include other political subdivisions, or portions thereof, but the	27461
territorial limits of which shall be less than that of the county.	27462

Sec. 3745.014.  There is hereby created in the state treasury	27463
the central support indirect fund, which shall be administered by	27464
the director of environmental protection. Money credited to the	27465
fund shall be used for administrative costs of the environmental	27466
protection agency that are related to expenditures by the agency	27467
from funds of the general services fund group and the state	27468
special revenue fund group. The director may assess any operating	27469
funds of from which the agency within the general services fund	27470
group or the state special revenue fund group receives	27471
appropriations, except the central support indirect fund, for a	27472
share of the administrative costs of the agency. The assessments	27473
shall be paid from the general services funds and state special	27474
revenue funds designated by the director and amounts assessed	27475
shall be transferred to the central support indirect fund by means	27476
of intrastate transfer vouchers. The director, with the approval	27477
of the director of budget and management, shall determine the rate	27478
of assessments, which shall not exceed twelve per cent of the	27479
total fiscal year appropriation from any such fund for the fiscal	27480
year unless the controlling board approves a request from the	27481
director for a higher rate.	27482

Sec. 3745.04.  As used in this section, "any person" means	27483
any individual, any partnership, corporation, association, or	27484
other legal entity, or any political subdivision, instrumentality,	27485
or agency of a state, whether or not the individual or legal	27486
entity is an applicant for or holder of a license, permit, or	27487
variance from the environmental protection agency, and includes	27488
any department, agency, or instrumentality of the federal	27489
government that is an applicant for or holder of a license,	27490
permit, or variance from the environmental protection agency.	27491

As used in this section, "action" or "act" includes the	27492
adoption, modification, or repeal of a rule or standard, the	27493
issuance, modification, or revocation of any lawful order other	27494
than an emergency order, and the issuance, denial, modification,	27495
or revocation of a license, permit, lease, variance, or	27496
certificate, or the approval or disapproval of plans and	27497
specifications pursuant to law or rules adopted thereunder.	27498

Any person who was a party to a proceeding before the	27499
director of environmental protection may participate in an appeal	27500
to the environmental review appeals commission for an order	27501
vacating or modifying the action of the director of environmental	27502
protection or a local board of health, or ordering the director or	27503
board of health to perform an act. The environmental review	27504
appeals commission has exclusive original jurisdiction over any	27505
matter that may, under this section, be brought before it.	27506

The person so appealing to the commission shall be known as	27507
appellant, and the director and any party to a proceeding	27508
substantially supporting the finding from which the appeal is	27509
taken shall be known as appellee, except that when an appeal	27510
involves a license to operate a disposal site or facility, the	27511
local board of health or the director of environmental protection,	27512
and any party to a proceeding substantially supporting the finding	27513
from which the appeal is taken, shall, as appropriate, be known as	27514
the appellee. Appellant and appellee shall be deemed to be	27515
parties to the appeal.	27516

The appeal shall be in writing and shall set forth the action	27517
complained of and the grounds upon which the appeal is based.	27518

The appeal shall be filed with the commission within thirty	27519
days after notice of the action. Notice of the filing of the	27520
appeal shall be filed with the appellee within three days after	27521
the appeal is filed with the commission.	27522

The appeal shall be accompanied by a filing fee of forty	27523
sixty dollars, which the commission, in its discretion, may waive	27524
in cases of extreme hardship.	27525

Within seven days after receipt of the notice of appeal, the	27526
director or local board of health shall prepare and certify to the	27527
commission a record of the proceedings out of which the appeal	27528
arises, including all documents and correspondence, and a	27529
transcript of all testimony.	27530

Upon the filing of the appeal, the commission shall fix the	27531
time and place at which the hearing on the appeal will be held.	27532
The commission shall give the appellant and the appellee at least	27533
ten days' written notice thereof by certified mail. The	27534
commission shall hold the hearing within thirty days after the	27535
notice of appeal is filed. The commission may postpone or	27536
continue any hearing upon its own motion or upon application of	27537
the appellant or of the appellee.	27538

The filing of an appeal does not automatically suspend or	27539
stay execution of the action appealed from. Upon application by	27540
the appellant, the commission may suspend or stay such the	27541
execution pending immediate determination of the appeal without	27542
interruption by continuances, other than for unavoidable	27543
circumstances.	27544

As used in this section and sections 3745.05 and 3745.06 of	27545
the Revised Code, "director of environmental protection" and	27546
"director" are deemed to include the director of agriculture and	27547
"environmental protection agency" is deemed to include the	27548
department of agriculture with respect to actions that are	27549
appealable to the commission under Chapter 903. of the Revised	27550
Code.	27551

Sec. 3745.10. (A) Not later than ten business days after	27552
receipt of an application for a permit to install, or a	27553
modification of such a permit, under rules adopted under division	27554
(F) of section 3704.03 of the Revised Code or for the approval of	27555
plans under section 6111.44, 6111.45, or 6111.46 of the Revised	27556
Code, the director of environmental protection shall send to the	27557
applicant written acknowledgement of receipt of the application.	27558
The written acknowledgement shall contain a completeness	27559
determination indicating either that the application contains all	27560
of the information that is necessary to perform a technical	27561
review or that the application is incomplete. If the application	27562
is incomplete, the written acknowledgement also shall provide a	27563
description of the information that is missing from the	27564
application.	27565

(B) If the director fails to make the completeness	27566
determination and provide written notice of that determination not	27567
later than ten business days after receipt of the application, the	27568
application shall be deemed to be complete in all material	27569
respects as of the eleventh business day after receipt of the	27570
application by the director or the director's agent or authorized	27571
representative.	27572

(C) If, during the processing of an application, the	27573
director determines, either before or after it has been determined	27574
or deemed to be complete under this section, that additional	27575
information is necessary in order to evaluate or take final action	27576
on the application, the director may request the information in	27577
writing.	27578

Sec. 3745.11.  (A) Applicants for and holders of permits,	27579
licenses, variances, plan approvals, and certifications issued by	27580
the director of environmental protection pursuant to Chapters	27581
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	27582
to the environmental protection agency for each such issuance and	27583
each application for an issuance as provided by this section. No	27584
fee shall be charged for any issuance for which no application has	27585
been submitted to the director.	27586

(B) Prior to January 1, 1994, each person issued a permit to	27587
operate, variance, or permit to install under section 3704.03 of	27588
the Revised Code shall pay the fees specified in the following	27589
schedule:	27590

(1) Fuel-Burning Equipment

27591

Any fuel-burning equipment using only natural gas, propane,	27600
liquefied petroleum gas, or number two or lighter fuel oil shall	27601
be assessed a fee one-half of that shown.	27602

(2) Incinerators

27603

(3) Process

27612

In any process where process weight rate cannot be	27621
ascertained, the minimum fee shall be assessed.	27622

(4) Storage tanks

27623

(5) Gasoline

27635

(6) Dry cleaning

27641

(7) Coal mining operations regulated under Chapter 1513. of	27647
the Revised Code shall be assessed a fee of two hundred fifty	27648
dollars per mine or location.	27649

(C)(1) Except as otherwise provided in division (C)(2) of	27650
this section, beginning July 1, 1994, each person who owns or	27651
operates an air contaminant source and who is required to apply	27652
for and obtain a Title V permit under section 3704.036 of the	27653
Revised Code shall pay the fees set forth in division (C)(1) of	27654
this section. For the purposes of that division, total emissions	27655
of air contaminants may be calculated using engineering	27656
calculations, emissions factors, material balance calculations, or	27657
performance testing procedures, as authorized by the director.	27658

The following fees shall be assessed on the total actual	27659
emissions from a source in tons per year of the regulated	27660
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	27661
organic compounds, and lead:	27662

(a) Fifteen dollars per ton on the total actual emissions of	27663
each such regulated pollutant during the period July through	27664
December 1993, to be collected no sooner than July 1, 1994;	27665

(b) Twenty dollars per ton on the total actual emissions of	27666
each such regulated pollutant during calendar year 1994, to be	27667
collected no sooner than April 15, 1995;	27668

(c) Twenty-five dollars per ton on the total actual	27669
emissions of each such regulated pollutant in calendar year 1995,	27670
and each subsequent calendar year, to be collected no sooner than	27671
the fifteenth day of April of the year next succeeding the	27672
calendar year in which the emissions occurred.	27673

The fees levied under division (C)(1) of this section do not	27674
apply to that portion of the emissions of a regulated pollutant at	27675
a facility that exceed four thousand tons during a calendar year.	27676

(2) The fees assessed under division (C)(1) of this section	27677
are for the purpose of providing funding for the Title V permit	27678
program.	27679

(3) The fees assessed under division (C)(1) of this section	27680
do not apply to emissions from any electric generating unit	27681
designated as a Phase I unit under Title IV of the federal Clean	27682
Air Act prior to calendar year 2000. Those fees shall be assessed	27683
on the emissions from such a generating unit commencing in	27684
calendar year 2001 based upon the total actual emissions from the	27685
generating unit during calendar year 2000 and shall continue to be	27686
assessed each subsequent calendar year based on the total actual	27687
emissions from the generating unit during the preceding calendar	27688
year.	27689

(4) The director shall issue invoices to owners or operators	27690
of air contaminant sources who are required to pay a fee assessed	27691
under division (C) or (D) of this section. Any such invoice shall	27692
be issued no sooner than the applicable date when the fee first	27693
may be collected in a year under the applicable division, shall	27694
identify the nature and amount of the fee assessed, and shall	27695
indicate that the fee is required to be paid within thirty days	27696
after the issuance of the invoice.	27697

(D)(1) Except as provided in division (D)(2) of this	27698
section, beginning January 1, 1994, each person who owns or	27699
operates an air contaminant source; who is required to apply for a	27700
permit to operate pursuant to rules adopted under division (G), or	27701
a variance pursuant to division (H), of section 3704.03 of the	27702
Revised Code; and who is not required to apply for and obtain a	27703
Title V permit under section 3704.036 of the Revised Code shall	27704
pay a single fee based upon the sum of the actual annual emissions	27705
from the facility of the regulated pollutants particulate matter,	27706
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	27707
accordance with the following schedule:	27708

(2)(a) As used in division (D) of this section, "synthetic	27715
minor facility" means a facility for which one or more permits to	27716
install or permits to operate have been issued for the air	27717
contaminant sources at the facility that include terms and	27718
conditions that lower the facility's potential to emit air	27719
contaminants below the major source thresholds established in	27720
rules adopted under section 3704.036 of the Revised Code.	27721

(b) Beginning January 1, 2000, through June 30, 2001 2004,	27722
each person who owns or operates a synthetic minor facility shall	27723
pay an annual fee based on the sum of the actual annual emissions	27724
from the facility of particulate matter, sulfur dioxide, nitrogen	27725
dioxide, organic compounds, and lead in accordance with the	27726
following schedule:	27727

(3) The fees assessed under division (D)(1) of this section	27742
shall be collected annually no sooner than the fifteenth day of	27743
April, commencing in 1995. The fees assessed under division	27744
(D)(2) of this section shall be collected no sooner than the	27745
fifteenth day of April, commencing in 2000, and shall continue	27746
through June 30, 2001. The fees assessed under division (D) of	27747
this section in a calendar year shall be based upon the sum of the	27748
actual emissions of those regulated pollutants during the	27749
preceding calendar year. For the purpose of division (D) of this	27750
section, emissions of air contaminants may be calculated using	27751
engineering calculations, emission factors, material balance	27752
calculations, or performance testing procedures, as authorized by	27753
the director. The director, by rule, may require persons who are	27754
required to pay the fees assessed under division (D) of this	27755
section to pay those fees biennially rather than annually.	27756

(E)(1) Consistent with the need to cover the reasonable	27757
costs of the Title V permit program, the director annually shall	27758
increase the fees prescribed in division (C)(1) of this section by	27759
the percentage, if any, by which the consumer price index for the	27760
most recent calendar year ending before the beginning of a year	27761
exceeds the consumer price index for calendar year 1989. Upon	27762
calculating an increase in fees authorized by division (E)(1) of	27763
this section, the director shall compile revised fee schedules for	27764
the purposes of division (C)(1) of this section and shall make the	27765
revised schedules available to persons required to pay the fees	27766
assessed under that division and to the public.	27767

(2) For the purposes of division (E)(1) of this section:

27768

(a) The consumer price index for any year is the average of	27769
the consumer price index for all urban consumers published by the	27770
United States department of labor as of the close of the	27771
twelve-month period ending on the thirty-first day of August of	27772
that year;.	27773

(b) If the 1989 consumer price index is revised, the	27774
director shall use the revision of the consumer price index that	27775
is most consistent with that for calendar year 1989.	27776

(F) Each person who is issued a permit to install pursuant	27777
to rules adopted under division (F) of section 3704.03 of the	27778
Revised Code on or after January 1, 1994, shall pay the fees	27779
specified in the following schedules:	27780

(1) Fuel-burning equipment (boilers)

27781

Units burning exclusively natural gas, number two fuel oil,	27791
or both shall be assessed a fee that is one-half the applicable	27792
amount shown in division (F)(1) of this section.	27793

(2) Incinerators

27794

(3)(a) Process

27801

In any process where process weight rate cannot be	27808
ascertained, the minimum fee shall be assessed.	27809

(b) Notwithstanding division (F)(3)(a) of this section, any	27810
person issued a permit to install pursuant to rules adopted under	27811
division (F) of section 3704.03 of the Revised Code shall pay the	27812
fees set forth in division (F)(3)(c) of this section for a process	27813
used in any of the following industries, as identified by the	27814
applicable four-digit standard industrial classification code	27815
according to the Standard Industrial Classification Manual	27816
published by the United States office of management and budget in	27817
the executive office of the president, 1972, as revised:	27818

1211 Bituminous coal and lignite mining;

27819

1213 Bituminous coal and lignite mining services;

27820

1411 Dimension stone;

27821

1422 Crushed and broken limestone;

27822

1427 Crushed and broken stone, not elsewhere classified;

27823

1442 Construction sand and gravel;

27824

1446 Industrial sand;

27825

3281 Cut stone and stone products;

27826

3295 Minerals and earth, ground or otherwise treated.

27827

(c) The fees set forth in the following schedule apply to	27828
the issuance of a permit to install pursuant to rules adopted	27829
under division (F) of section 3704.03 of the Revised Code for a	27830
process identified in division (F)(3)(b) of this section:	27831

(4) Storage tanks

27841

(5) Gasoline/fuel dispensing facilities

27850

(6) Dry cleaning facilities

27853

(7) Registration status

27857

(G) An owner or operator who is responsible for an asbestos	27860
demolition or renovation project pursuant to rules adopted under	27861
section 3704.03 of the Revised Code shall pay the fees set forth	27862
in the following schedule:	27863

For purposes of this division, "unit" means any combination of	27868
linear feet or square feet equal to fifty.	27869

(H) A person who is issued an extension of time for a permit	27870
to install an air contaminant source pursuant to rules adopted	27871
under division (F) of section 3704.03 of the Revised Code shall	27872
pay a fee equal to one-half the fee originally assessed for the	27873
permit to install under this section, except that the fee for such	27874
an extension shall not exceed two hundred dollars.	27875

(I) A person who is issued a modification to a permit to	27876
install an air contaminant source pursuant to rules adopted under	27877
section 3704.03 of the Revised Code shall pay a fee equal to	27878
one-half of the fee that would be assessed under this section to	27879
obtain a permit to install the source. The fee assessed by this	27880
division only applies to modifications that are initiated by the	27881
owner or operator of the source and shall not exceed two thousand	27882
dollars.	27883

(J) Notwithstanding division (B) or (F) of this section, a	27884
person who applies for or obtains a permit to install pursuant to	27885
rules adopted under division (F) of section 3704.03 of the Revised	27886
Code after the date actual construction of the source began shall	27887
pay a fee for the permit to install that is equal to twice the fee	27888
that otherwise would be assessed under the applicable division	27889
unless the applicant received authorization to begin construction	27890
under division (W) of section 3704.03 of the Revised Code. This	27891
division only applies to sources for which actual construction of	27892
the source begins on or after July 1, 1993. The imposition or	27893
payment of the fee established in this division does not preclude	27894
the director from taking any administrative or judicial	27895
enforcement action under this chapter, Chapter 3704., 3714.,	27896
3734., or 6111. of the Revised Code, or a rule adopted under any	27897
of them, in connection with a violation of rules adopted under	27898
division (F) of section 3704.03 of the Revised Code.	27899

As used in this division, "actual construction of the source"	27900
means the initiation of physical on-site construction activities	27901
in connection with improvements to the source that are permanent	27902
in nature, including, without limitation, the installation of	27903
building supports and foundations and the laying of underground	27904
pipework.	27905

(K) Fifty cents per ton of each fee assessed under division	27906
(C) of this section on actual emissions from a source and received	27907
by the environmental protection agency pursuant to that division	27908
shall be deposited into the state treasury to the credit of the	27909
small business assistance fund created in section 3706.19 of the	27910
Revised Code. The remainder of the moneys received by the	27911
division pursuant to that division and moneys received by the	27912
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of	27913
this section shall be deposited in the state treasury to the	27914
credit of the clean air fund created in section 3704.035 of the	27915
Revised Code.	27916

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	27917
or (c) of this section, a person issued a water discharge permit	27918
or renewal of a water discharge permit pursuant to Chapter 6111.	27919
of the Revised Code shall pay a fee based on each point source to	27920
which the issuance is applicable in accordance with the following	27921
schedule:	27922

(b) Notwithstanding the fee schedule specified in division	27930
(L)(1)(a) of this section, the fee for a water discharge permit	27931
that is applicable to coal mining operations regulated under	27932
Chapter 1513. of the Revised Code shall be two hundred fifty	27933
dollars per mine.	27934

(c) Notwithstanding the fee schedule specified in division	27935
(L)(1)(a) of this section, the fee for a water discharge permit	27936
for a public discharger identified by I in the third character of	27937
the permittee's NPDES permit number shall not exceed seven hundred	27938
fifty dollars.	27939

(2) A person applying for a plan approval for a wastewater	27940
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	27941
of the Revised Code shall pay a fee of one hundred dollars plus	27942
sixty-five one-hundredths of one per cent of the estimated project	27943
cost through June 30, 2002 2004, and one hundred dollars plus	27944
two-tenths of one per cent of the estimated project cost on and	27945
after July 1, 2002 2004, except that the total fee shall not	27946
exceed fifteen thousand dollars through June 30, 2002 2004, and	27947
five thousand dollars on and after July 1, 2002 2004. The fee	27948
shall be paid at the time the application is submitted.	27949

(3) A person issued a modification of a water discharge	27950
permit shall pay a fee equal to one-half the fee that otherwise	27951
would be charged for a water discharge permit, except that the fee	27952
for the modification shall not exceed four hundred dollars.	27953

(4) A person who has entered into an agreement with the	27954
director under section 6111.14 of the Revised Code shall pay an	27955
administrative service fee for each plan submitted under that	27956
section for approval that shall not exceed the minimum amount	27957
necessary to pay administrative costs directly attributable to	27958
processing plan approvals. The director annually shall calculate	27959
the fee and shall notify all persons who have entered into	27960
agreements under that section, or who have applied for agreements,	27961
of the amount of the fee.	27962

(5)(a)(i) Not later than January 30, 2000 2002, and January	27963
30, 2001 2003, a person holding an NPDES discharge permit issued	27964
pursuant to Chapter 6111. of the Revised Code with an average	27965
daily discharge flow of five thousand gallons or more shall pay a	27966
nonrefundable annual discharge fee. Any person who fails to pay	27967
the fee at that time shall pay an additional amount that equals	27968
ten per cent of the required annual discharge fee.	27969

(ii) The billing year for the annual discharge fee	27970
established in division (L)(5)(a)(i) of this section shall consist	27971
of a twelve-month period beginning on the first day of January of	27972
the year preceding the date when the annual discharge fee is due.	27973
In the case of an existing source that permanently ceases to	27974
discharge during a billing year, the director shall reduce the	27975
annual discharge fee, including the surcharge applicable to	27976
certain industrial facilities pursuant to division (L)(5)(c) of	27977
this section, by one-twelfth for each full month during the	27978
billing year that the source was not discharging, but only if the	27979
person holding the NPDES discharge permit for the source notifies	27980
the director in writing, not later than the first day of October	27981
of the billing year, of the circumstances causing the cessation of	27982
discharge.	27983

(iii) The annual discharge fee established in division	27984
(L)(5)(a)(i) of this section, except for the surcharge applicable	27985
to certain industrial facilities pursuant to division (L)(5)(c) of	27986
this section, shall be based upon the average daily discharge flow	27987
in gallons per day calculated using first day of May through	27988
thirty-first day of October flow data for the period two years	27989
prior to the date on which the fee is due. In the case of NPDES	27990
discharge permits for new sources, the fee shall be calculated	27991
using the average daily design flow of the facility until actual	27992
average daily discharge flow values are available for the time	27993
period specified in division (L)(5)(a)(iii) of this section. The	27994
annual discharge fee may be prorated for a new source as described	27995
in division (L)(5)(a)(ii) of this section.	27996

(b) An NPDES permit holder that is a public discharger shall	27997
pay the fee specified in the following schedule:	27998

Public dischargers owning or operating two or more publicly	28013
owned treatment works serving the same political subdivision, as	28014
"treatment works" is defined in section 6111.01 of the Revised	28015
Code, and that serve exclusively political subdivisions having a	28016
population of fewer than one hundred thousand shall pay an annual	28017
discharge fee under division (L)(5)(b) of this section that is	28018
based on the combined average daily discharge flow of the	28019
treatment works.	28020

(C)(c) An NPDES permit holder that is an industrial	28021
discharger, other than a coal mining operator identified by P in	28022
the third character of the permittee's NPDES permit number, shall	28023
pay the fee specified in the following schedule:	28024

In addition to the fee specified in the above schedule, an	28038
NPDES permit holder that is an industrial discharger classified as	28039
a major discharger during all or part of the annual discharge fee	28040
billing year specified in division (L)(5)(a)(ii) of this section	28041
shall pay a nonrefundable annual surcharge of six thousand seven	28042
hundred fifty dollars not later than January 30, 2000, and a	28043
nonrefundable annual surcharge of seven thousand five hundred	28044
dollars not later than January 30, 2001 2002, and not later than	28045
January 30, 2003. Any person who fails to pay the surcharge at	28046
that time shall pay an additional amount that equals ten per cent	28047
of the amount of the surcharge.	28048

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	28049
section, a public discharger identified by I in the third	28050
character of the permittee's NPDES permit number and an industrial	28051
discharger identified by I, J, L, V, W, X, Y, or Z in the third	28052
character of the permittee's NPDES permit number shall pay a	28053
nonrefundable annual discharge fee of one hundred eighty dollars	28054
not later than January 30, 2000 2002, and not later than January	28055
30, 2001 2003. Any person who fails to pay the fee at that time	28056
shall pay an additional amount that equals ten per cent of the	28057
required fee.	28058

(6) Each person obtaining a national pollutant discharge	28059
elimination system general or individual permit for municipal	28060
storm water discharge shall pay a nonrefundable storm water	28061
discharge fee of one hundred dollars per square mile of area	28062
permitted. The fee shall not exceed ten thousand dollars and	28063
shall be payable on or before January 30, 2004, and the thirtieth	28064
day of January of each year thereafter. Any person who fails to	28065
pay the fee on the date specified in division (L)(6) of this	28066
section shall pay an additional amount per year equal to ten per	28067
cent of the annual fee that is unpaid.	28068

(7) The director shall transmit all moneys collected under	28069
division (L) of this section to the treasurer of state for deposit	28070
into the state treasury to the credit of the surface water	28071
protection fund created in section 6111.038 of the Revised Code.	28072

(7)(8) As used in division (L) of this section:

28073

(a) "NPDES" means the federally approved national pollutant	28074
discharge elimination system program for issuing, modifying,	28075
revoking, reissuing, terminating, monitoring, and enforcing	28076
permits and imposing and enforcing pretreatment requirements under	28077
Chapter 6111. of the Revised Code and rules adopted under it.	28078

(b) "Public discharger" means any holder of an NPDES permit	28079
identified by P in the second character of the NPDES permit number	28080
assigned by the director.	28081

(c) "Industrial discharger" means any holder of an NPDES	28082
permit identified by I in the second character of the NPDES permit	28083
number assigned by the director.	28084

(d) "Major discharger" means any holder of an NPDES permit	28085
classified as major by the regional administrator of the United	28086
States environmental protection agency in conjunction with the	28087
director.	28088

(M) Through June 30, 2002 2004, a person applying for a	28089
license or license renewal to operate a public water system under	28090
section 6109.21 of the Revised Code shall pay the appropriate fee	28091
established under this division at the time of application to the	28092
director. Any person who fails to pay the fee at that time shall	28093
pay an additional amount that equals ten per cent of the required	28094
fee. The director shall transmit all moneys collected under this	28095
division to the treasurer of state for deposit into the drinking	28096
water protection fund created in section 6109.30 of the Revised	28097
Code.	28098

Fees required under this division shall be calculated and	28099
paid in accordance with the following schedule:	28100

(1) For the initial license required under division (A)(1)	28101
of section 6109.21 of the Revised Code for any public water system	28102
that is a community water system as defined in section 6109.01 of	28103
the Revised Code, and for each license renewal required for such a	28104
system prior to January 31, 2002 2004, the fee is:	28105

A public water system may determine how it will pay the total	28121
amount of the fee calculated under division (M)(1) of this	28122
section, including the assessment of additional user fees that may	28123
be assessed on a volumetric basis.	28124

As used in division (M)(1) of this section, "service	28125
connection" means the number of active or inactive pipes,	28126
goosenecks, pigtails, and any other fittings connecting a water	28127
main to any building outlet.	28128

(2) For the initial license required under division (A)(2)	28129
of section 6109.21 of the Revised Code for any public water system	28130
that is not a community water system and serves a nontransient	28131
population, and for each license renewal required for such a	28132
system prior to January 31, 2002 2004, the fee is:	28133

As used in division (M)(2) of this section, "population	28145
served" means the total number of individuals receiving water from	28146
the water supply during a twenty-four-hour period for at least	28147
sixty days during any calendar year. In the absence of a specific	28148
population count, that number shall be calculated at the rate of	28149
three individuals per service connection.	28150

(3) For the initial license required under division (A)(3)	28151
of section 6109.21 of the Revised Code for any public water system	28152
that is not a community water system and serves a transient	28153
population, and for each license renewal required for such a	28154
system prior to January 31, 2002 2004, the fee is:	28155

As used in division (M)(3) of this section, "number of wells	28164
supplying system" means those wells that are physically connected	28165
to the plumbing system serving the public water system.	28166

(N)(1) A person applying for a plan approval for a public	28167
water supply system under section 6109.07 of the Revised Code	28168
shall pay a fee of one hundred dollars plus two-tenths of one per	28169
cent of the estimated project cost, except that the total fee	28170
shall not exceed fifteen thousand dollars through June 30, 2002	28171
2004, and five thousand dollars on and after July 1, 2002 2004.	28172
The fee shall be paid at the time the application is submitted.	28173

(2) A person who has entered into an agreement with the	28174
director under division (A)(2) of section 6109.07 of the Revised	28175
Code shall pay an administrative service fee for each plan	28176
submitted under that section for approval that shall not exceed	28177
the minimum amount necessary to pay administrative costs directly	28178
attributable to processing plan approvals. The director annually	28179
shall calculate the fee and shall notify all persons that have	28180
entered into agreements under that division, or who have applied	28181
for agreements, of the amount of the fee.	28182

(3) Through June 30, 2002 2004, the following fee, on a per	28183
survey basis, shall be charged any person for services rendered by	28184
the state in the evaluation of laboratories and laboratory	28185
personnel for compliance with accepted analytical techniques and	28186
procedures established pursuant to Chapter 6109. of the Revised	28187
Code for determining the qualitative characteristics of water:	28188

On and after July 1, 2002 2004, the following fee, on a per	28194
survey basis, shall be charged any such person:	28195

The fee for those services shall be paid at the time the request	28199
for the survey is made. Through June 30, 2002 2004, an individual	28200
laboratory shall not be assessed a fee under this division more	28201
than once in any three-year period.	28202

The director shall transmit all moneys collected under this	28203
division to the treasurer of state for deposit into the drinking	28204
water protection fund created in section 6109.30 of the Revised	28205
Code.	28206

(O) Any person applying to the director for examination for	28207
certification as an operator of a water supply system or	28208
wastewater system under Chapter 6109. or 6111. of the Revised	28209
Code, at the time the application is submitted, shall pay an	28210
application fee of twenty-five dollars through June 30, 2002 2004,	28211
and ten dollars on and after July 1, 2002 2004. Upon approval	28212
from the director that the applicant is eligible to take the	28213
examination therefor, the applicant shall pay a fee in accordance	28214
with the following schedule through June 30, 2002 2004:	28215

On and after July 1, 2002 2004, the applicant shall pay a fee	28220
in accordance with the following schedule:	28221

The director shall transmit all moneys collected under this	28226
division to the treasurer of state for deposit into the drinking	28227
water protection fund created in section 6109.30 of the Revised	28228
Code.	28229

(P) Through June 30, 2002 2004, any person submitting an	28230
application for an industrial water pollution control certificate	28231
under section 6111.31 of the Revised Code shall pay a	28232
nonrefundable fee of five hundred dollars at the time the	28233
application is submitted. The director shall transmit all moneys	28234
collected under this division to the treasurer of state for	28235
deposit into the surface water protection fund created in section	28236
6111.038 of the Revised Code. A person paying a certificate fee	28237
under this division shall not pay an application fee under	28238
division (S)(1) of this section.	28239

(Q) Except as otherwise provided in division (R) of this	28240
section, a person issued a permit by the director for a new solid	28241
waste disposal facility other than an incineration or composting	28242
facility, a new infectious waste treatment facility other than an	28243
incineration facility, or a modification of such an existing	28244
facility that includes an increase in the total disposal or	28245
treatment capacity of the facility pursuant to Chapter 3734. of	28246
the Revised Code shall pay a fee of ten dollars per thousand cubic	28247
yards of disposal or treatment capacity, or one thousand dollars,	28248
whichever is greater, except that the total fee for any such	28249
permit shall not exceed eighty thousand dollars. A person issued	28250
a modification of a permit for a solid waste disposal facility or	28251
an infectious waste treatment facility that does not involve an	28252
increase in the total disposal or treatment capacity of the	28253
facility shall pay a fee of one thousand dollars. A person issued	28254
a permit to install a new, or modify an existing, solid waste	28255
transfer facility under that chapter shall pay a fee of two	28256
thousand five hundred dollars. A person issued a permit to	28257
install a new or to modify an existing solid waste incineration or	28258
composting facility, or an existing infectious waste treatment	28259
facility using incineration as its principal method of treatment,	28260
under that chapter shall pay a fee of one thousand dollars. The	28261
increases in the permit fees under this division resulting from	28262
the amendments made by Amended Substitute House Bill 592 of the	28263
117th general assembly do not apply to any person who submitted an	28264
application for a permit to install a new, or modify an existing,	28265
solid waste disposal facility under that chapter prior to	28266
September 1, 1987; any such person shall pay the permit fee	28267
established in this division as it existed prior to June 24, 1988.	28268
In addition to the applicable permit fee under this division, a	28269
person issued a permit to install or modify a solid waste facility	28270
or an infectious waste treatment facility under that chapter who	28271
fails to pay the permit fee to the director in compliance with	28272
division (V) of this section shall pay an additional ten per cent	28273
of the amount of the fee for each week that the permit fee is	28274
late.	28275

Permit and late payment fees paid to the director under this	28276
division shall be credited to the general revenue fund.	28277

(R)(1) A person issued a registration certificate for a	28278
scrap tire collection facility under section 3734.75 of the	28279
Revised Code shall pay a fee of two hundred dollars, except that	28280
if the facility is owned or operated by a motor vehicle salvage	28281
dealer licensed under Chapter 4738. of the Revised Code, the	28282
person shall pay a fee of twenty-five dollars.	28283

(2) A person issued a registration certificate for a new	28284
scrap tire storage facility under section 3734.76 of the Revised	28285
Code shall pay a fee of three hundred dollars, except that if the	28286
facility is owned or operated by a motor vehicle salvage dealer	28287
licensed under Chapter 4738. of the Revised Code, the person shall	28288
pay a fee of twenty-five dollars.	28289

(3) A person issued a permit for a scrap tire storage	28290
facility under section 3734.76 of the Revised Code shall pay a fee	28291
of one thousand dollars, except that if the facility is owned or	28292
operated by a motor vehicle salvage dealer licensed under Chapter	28293
4738. of the Revised Code, the person shall pay a fee of fifty	28294
dollars.	28295

(4) A person issued a permit for a scrap tire monocell or	28296
monofill facility under section 3734.77 of the Revised Code shall	28297
pay a fee of ten dollars per thousand cubic yards of disposal	28298
capacity or one thousand dollars, whichever is greater, except	28299
that the total fee for any such permit shall not exceed eighty	28300
thousand dollars.	28301

(5) A person issued a registration certificate for a scrap	28302
tire recovery facility under section 3734.78 of the Revised Code	28303
shall pay a fee of one hundred dollars.	28304

(6) A person issued a permit for a scrap tire recovery	28305
facility under section 3734.78 of the Revised Code shall pay a fee	28306
of one thousand dollars.	28307

(7) In addition to the applicable registration certificate	28308
or permit fee under divisions (R)(1) to (6) of this section, a	28309
person issued a registration certificate or permit for any such	28310
scrap tire facility who fails to pay the registration certificate	28311
or permit fee to the director in compliance with division (V) of	28312
this section shall pay an additional ten per cent of the amount of	28313
the fee for each week that the fee is late.	28314

(8) The registration certificate, permit, and late payment	28315
fees paid to the director under divisions (R)(1) to (7) of this	28316
section shall be credited to the scrap tire management fund	28317
created in section 3734.82 of the Revised Code.	28318

(S)(1) Except as provided by divisions (L), (M), (N), (O),	28319
(P), and (S)(2) of this section, division (A)(2) of section	28320
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	28321
and rules adopted under division (T)(1) of this section, any	28322
person applying for a registration certificate under section	28323
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	28324
variance, or plan approval under Chapter 3734. of the Revised Code	28325
shall pay a nonrefundable fee of fifteen dollars at the time the	28326
application is submitted.	28327

Except as otherwise provided, any person applying for a	28328
permit, variance, or plan approval under Chapter 6109. or 6111. of	28329
the Revised Code shall pay a nonrefundable fee of one hundred	28330
dollars at the time the application is submitted through June 30,	28331
2002 2004, and a nonrefundable fee of fifteen dollars at the time	28332
the application is submitted on and after July 1, 2002 2004.	28333
Through June 30, 2002 2004, any person applying for a national	28334
pollutant discharge elimination system permit under Chapter 6111.	28335
of the Revised Code shall pay a nonrefundable fee of two hundred	28336
dollars at the time of application for the permit. On and after	28337
July 1, 2002 2004, such a person shall pay a nonrefundable fee of	28338
fifteen dollars at the time of application.	28339

In addition to the application fee established under division	28340
(S)(1) of this section, any person applying for a national	28341
pollutant discharge elimination system general storm water	28342
construction permit shall pay a nonrefundable fee of twenty	28343
dollars per acre for each acre that is permitted above five acres	28344
at the time the application is submitted. However, the per	28345
acreage fee shall not exceed three hundred dollars. In addition,	28346
any person applying for a national pollutant discharge elimination	28347
system general storm water industrial permit shall pay a	28348
nonrefundable fee of one hundred fifty dollars at the time the	28349
application is submitted.	28350

The director shall transmit all moneys collected under	28351
division (S)(1) of this section pursuant to Chapter 6109. of the	28352
Revised Code to the treasurer of state for deposit into the	28353
drinking water protection fund created in section 6109.30 of the	28354
Revised Code.	28355

The director shall transmit all moneys collected under	28356
division (S)(1) of this section pursuant to Chapter 6111. of the	28357
Revised Code to the treasurer of state for deposit into the	28358
surface water protection fund created in section 6111.038 of the	28359
Revised Code.	28360

If a registration certificate is issued under section	28361
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	28362
the application fee paid shall be deducted from the amount of the	28363
registration certificate fee due under division (R)(1), (2), or	28364
(5) of this section, as applicable.	28365

(2) Division (S)(1) of this section does not apply to an	28366
application for a registration certificate for a scrap tire	28367
collection or storage facility submitted under section 3734.75 or	28368
3734.76 of the Revised Code, as applicable, if the owner or	28369
operator of the facility or proposed facility is a motor vehicle	28370
salvage dealer licensed under Chapter 4738. of the Revised Code.	28371

(T) The director may adopt, amend, and rescind rules in	28372
accordance with Chapter 119. of the Revised Code that do all of	28373
the following:	28374

(1) Prescribe fees to be paid by applicants for and holders	28375
of any license, permit, variance, plan approval, or certification	28376
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	28377
the Revised Code that are not specifically established in this	28378
section. The fees shall be designed to defray the cost of	28379
processing, issuing, revoking, modifying, denying, and enforcing	28380
the licenses, permits, variances, plan approvals, and	28381
certifications.	28382

The director shall transmit all moneys collected under rules	28383
adopted under division (T)(1) of this section pursuant to Chapter	28384
6109. of the Revised Code to the treasurer of state for deposit	28385
into the drinking water protection fund created in section 6109.30	28386
of the Revised Code.	28387

The director shall transmit all moneys collected under rules	28388
adopted under division (T)(1) of this section pursuant to Chapter	28389
6111. of the Revised Code to the treasurer of state for deposit	28390
into the surface water protection fund created in section 6111.038	28391
of the Revised Code.	28392

(2) Exempt the state and political subdivisions thereof,	28393
including education facilities or medical facilities owned by the	28394
state or a political subdivision, or any person exempted from	28395
taxation by section 5709.07 or 5709.12 of the Revised Code, from	28396
any fee required by this section;	28397

(3) Provide for the waiver of any fee, or any part thereof,	28398
otherwise required by this section whenever the director	28399
determines that the imposition of the fee would constitute an	28400
unreasonable cost of doing business for any applicant, class of	28401
applicants, or other person subject to the fee;	28402

(4) Prescribe measures that the director considers necessary	28403
to carry out this section.	28404

(U) When the director reasonably demonstrates that the	28405
direct cost to the state associated with the issuance of a permit	28406
to install, license, variance, plan approval, or certification	28407
exceeds the fee for the issuance or review specified by this	28408
section, the director may condition the issuance or review on the	28409
payment by the person receiving the issuance or review of, in	28410
addition to the fee specified by this section, the amount, or any	28411
portion thereof, in excess of the fee specified under this	28412
section. The director shall not so condition issuances for which	28413
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	28414
section.	28415

(V) Except as provided in divisions (L), (M), and (P) of	28416
this section or unless otherwise prescribed by a rule of the	28417
director adopted pursuant to Chapter 119. of the Revised Code, all	28418
fees required by this section are payable within thirty days after	28419
the issuance of an invoice for the fee by the director or the	28420
effective date of the issuance of the license, permit, variance,	28421
plan approval, or certification. If payment is late, the person	28422
responsible for payment of the fee shall pay an additional ten per	28423
cent of the amount due for each month that it is late.	28424

(W) As used in this section, "fuel-burning equipment,"	28425
"fuel-burning equipment input capacity," "incinerator,"	28426
"incinerator input capacity," "process," "process weight rate,"	28427
"storage tank," "gasoline dispensing facility," "dry cleaning	28428
facility," "design flow discharge," and "new source treatment	28429
works" have the meanings ascribed to those terms by applicable	28430
rules or standards adopted by the director under Chapter 3704. or	28431
6111. of the Revised Code.	28432

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	28433
and (J) of this section, and in any other provision of this	28434
section pertaining to fees paid pursuant to Chapter 3704. of the	28435
Revised Code:	28436

(1) "Facility," "federal Clean Air Act," "person," and "Title	28437
V permit" have the same meanings as in section 3704.01 of the	28438
Revised Code.	28439

(2) "Title V permit program" means the following activities	28440
as necessary to meet the requirements of Title V of the federal	28441
Clean Air Act and 40 C.F.R. part 70, including at least:	28442

(a) Preparing and adopting, if applicable, generally	28443
applicable rules or guidance regarding the permit program or its	28444
implementation or enforcement;	28445

(b) Reviewing and acting on any application for a Title V	28446
permit, permit revision, or permit renewal, including the	28447
development of an applicable requirement as part of the processing	28448
of a permit, permit revision, or permit renewal;	28449

(c) Administering the permit program, including the	28450
supporting and tracking of permit applications, compliance	28451
certification, and related data entry;	28452

(d) Determining which sources are subject to the program and	28453
implementing and enforcing the terms of any Title V permit, not	28454
including any court actions or other formal enforcement actions;	28455

(e) Emission and ambient monitoring;

28456

(f) Modeling, analyses, or demonstrations;

28457

(g) Preparing inventories and tracking emissions;

28458

(h) Providing direct and indirect support to small business	28459
stationary sources to determine and meet their obligations under	28460
the federal Clean Air Act pursuant to the small business	28461
stationary source technical and environmental compliance	28462
assistance program required by section 507 of that act and	28463
established in sections 3704.18, 3704.19, and 3706.19 of the	28464
Revised Code.	28465

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	28466
of this section, each sewage sludge facility shall pay a	28467
nonrefundable annual sludge fee equal to three dollars and fifty	28468
cents per dry ton of sewage sludge, including the dry tons of	28469
sewage sludge in materials derived from sewage sludge, that the	28470
sewage sludge facility treats or disposes of in this state. The	28471
annual volume of sewage sludge treated or disposed of by a sewage	28472
sludge facility shall be calculated using the first day of January	28473
through the thirty-first day of December of the calendar year	28474
preceding the date on which payment of the fee is due.	28475

(2)(a) Except as provided in division (Y)(2)(d) of this	28476
section, each sewage sludge facility shall pay a minimum annual	28477
sewage sludge fee of one hundred dollars.	28478

(b) The annual sludge fee required to be paid by a sewage	28479
sludge facility that treats or disposes of exceptional quality	28480
sludge in this state shall be thirty-five per cent less per dry	28481
ton of exceptional quality sludge than the fee assessed under	28482
division (Y)(1) of this section, subject to the following	28483
exceptions:	28484

(i) Except as provided in division (Y)(2)(d) of this	28485
section, a sewage sludge facility that treats or disposes of	28486
exceptional quality sludge shall pay a minimum annual sewage	28487
sludge fee of one hundred dollars.	28488

(ii) A sewage sludge facility that treats or disposes of	28489
exceptional quality sludge shall not be required to pay the annual	28490
sludge fee for treatment or disposal in this state of exceptional	28491
quality sludge generated outside of this state and contained in	28492
bags or other containers not greater than one hundred pounds in	28493
capacity.	28494

A thirty-five per cent reduction for exceptional quality	28495
sludge applies to the maximum annual fees established under	28496
division (Y)(3) of this section.	28497

(c) A sewage sludge facility that transfers sewage sludge to	28498
another sewage sludge facility in this state for further treatment	28499
prior to disposal in this state shall not be required to pay the	28500
annual sludge fee for the tons of sewage sludge that have been	28501
transferred. In such a case, the sewage sludge facility that	28502
disposes of the sewage sludge shall pay the annual sludge fee.	28503
However, the facility transferring the sewage sludge shall pay the	28504
one-hundred-dollar minimum fee required under division (Y)(2)(a)	28505
of this section.	28506

In the case of a sewage sludge facility that treats sewage	28507
sludge in this state and transfers it out of this state to another	28508
entity for disposal, the sewage sludge facility in this state	28509
shall be required to pay the annual sludge fee for the tons of	28510
sewage sludge that have been transferred.	28511

(d) A sewage sludge facility that generates sewage sludge	28512
resulting from an average daily discharge flow of less than five	28513
thousand gallons per day is not subject to the fees assessed under	28514
division (Y) of this section.	28515

(3) No sewage sludge facility required to pay the annual	28516
sludge fee shall be required to pay more than the maximum annual	28517
fee for each disposal method that the sewage sludge facility uses.	28518
The maximum annual fee does not include the additional amount that	28519
may be charged under division (Y)(5) of this section for late	28520
payment of the annual sludge fee. The maximum annual fee for the	28521
following methods of disposal of sewage sludge is as follows:	28522

(a) Incineration: five thousand dollars;

28523

(b) Preexisting land reclamation project or disposal in a	28524
landfill: five thousand dollars;	28525

(c) Land application, land reclamation, surface disposal, or	28526
any other disposal method not specified in division (Y)(3)(a) or	28527
(b) of this section: twenty thousand dollars.	28528

(4)(a) In the case of an entity that generates sewage sludge	28529
or a sewage sludge facility that treats sewage sludge and	28530
transfers the sewage sludge to an incineration facility for	28531
disposal, the incineration facility, and not the entity generating	28532
the sewage sludge or the sewage sludge facility treating the	28533
sewage sludge, shall pay the annual sludge fee for the tons of	28534
sewage sludge that are transferred. However, the entity or	28535
facility generating or treating the sewage sludge shall pay the	28536
one-hundred-dollar minimum fee required under division (Y)(2)(a)	28537
of this section.	28538

(b) In the case of an entity that generates sewage sludge	28539
and transfers the sewage sludge to a landfill for disposal or to a	28540
sewage sludge facility for land reclamation or surface disposal,	28541
the entity generating the sewage sludge, and not the landfill or	28542
sewage sludge facility, shall pay the annual sludge fee for the	28543
tons of sewage sludge that are transferred.	28544

(5) Not later than the first day of April of the calendar	28545
year following the effective date of this amendment March 17,	28546
2000, and each first day of April thereafter, the director shall	28547
issue invoices to persons who are required to pay the annual	28548
sludge fee. The invoice shall identify the nature and amount of	28549
the annual sludge fee assessed and state the first day of May as	28550
the deadline for receipt by the director of objections regarding	28551
the amount of the fee and the first day of July as the deadline	28552
for payment of the fee.	28553

Not later than the first day of May following receipt of an	28554
invoice, a person required to pay the annual sludge fee may submit	28555
objections to the director concerning the accuracy of information	28556
regarding the number of dry tons of sewage sludge used to	28557
calculate the amount of the annual sludge fee or regarding whether	28558
the sewage sludge qualifies for the exceptional quality sludge	28559
discount established in division (Y)(2)(b) of this section. The	28560
director may consider the objections and adjust the amount of the	28561
fee to ensure that it is accurate.	28562

If the director does not adjust the amount of the annual	28563
sludge fee in response to a person's objections, the person may	28564
appeal the director's determination in accordance with Chapter	28565
119. of the Revised Code.	28566

Not later than the first day of June, the director shall	28567
notify the objecting person regarding whether the director has	28568
found the objections to be valid and the reasons for the finding.	28569
If the director finds the objections to be valid and adjusts the	28570
amount of the annual sludge fee accordingly, the director shall	28571
issue with the notification a new invoice to the person	28572
identifying the amount of the annual sludge fee assessed and	28573
stating the first day of July as the deadline for payment.	28574

Not later than the first day of July, any person who is	28575
required to do so shall pay the annual sludge fee. Any person who	28576
is required to pay the fee, but who fails to do so on or before	28577
that date shall pay an additional amount that equals ten per cent	28578
of the required annual sludge fee.	28579

(6) The director shall transmit all moneys collected under	28580
division (Y) of this section to the treasurer of state for deposit	28581
into the surface water protection fund created in section 6111.038	28582
of the Revised Code. The moneys shall be used to defray the costs	28583
of administering and enforcing provisions in Chapter 6111. of the	28584
Revised Code and rules adopted under it that govern the use,	28585
storage, treatment, or disposal of sewage sludge.	28586

(7) Beginning in fiscal year 2001, and every two years	28587
thereafter, the director shall review the total amount of moneys	28588
generated by the annual sludge fees to determine if that amount	28589
exceeds exceeded six hundred thousand dollars in either of the two	28590
preceding fiscal years. If the total amount of moneys in the fund	28591
exceeded six hundred thousand dollars in either fiscal year, the	28592
director, after review of the fee structure and consultation with	28593
affected persons, shall issue an order reducing the amount of the	28594
fees levied under division (Y) of this section so that the	28595
estimated amount of moneys resulting from the fees will not exceed	28596
six hundred thousand dollars in any fiscal year.	28597

If, upon review of the fees under division (Y)(7) of this	28598
section and after the fees have been reduced, the director	28599
determines that the total amount of moneys collected and	28600
accumulated is less than six hundred thousand dollars, the	28601
director, after review of the fee structure and consultation with	28602
affected persons, may issue an order increasing the amount of the	28603
fees levied under division (Y) of this section so that the	28604
estimated amount of moneys resulting from the fees will be	28605
approximately six hundred thousand dollars. Fees shall never be	28606
increased to an amount exceeding the amount specified in division	28607
(Y)(7) of this section.	28608

Notwithstanding section 119.06 of the Revised Code, the	28609
director may issue an order under division (Y)(7) of this section	28610
without the necessity to hold an adjudicatory hearing in	28611
connection with the order. The issuance of an order under this	28612
division is not an act or action for purposes of section 3745.04	28613
of the Revised Code.	28614

(8) As used in division (Y) of this section:

28615

(a) "Sewage sludge facility" means an entity that performs	28616
treatment on or is responsible for the disposal of sewage sludge.	28617

(b) "Sewage sludge" means a solid, semi-solid, or liquid	28618
residue generated during the treatment of domestic sewage in a	28619
treatment works as defined in section 6111.01 of the Revised Code.	28620
"Sewage sludge" includes, but is not limited to, scum or solids	28621
removed in primary, secondary, or advanced wastewater treatment	28622
processes. "Sewage sludge" does not include ash generated during	28623
the firing of sewage sludge in a sewage sludge incinerator, grit	28624
and screenings generated during preliminary treatment of domestic	28625
sewage in a treatment works, animal manure, residue generated	28626
during treatment of animal manure, or domestic septage.	28627

(c) "Exceptional quality sludge" means sewage sludge that	28628
meets all of the following qualifications:	28629

(i) Satisfies the class A pathogen standards in 40 C.F.R.	28630
503.32(a);	28631

(ii) Satisfies one of the vector attraction reduction	28632
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	28633

(iii) Does not exceed the ceiling concentration limitations	28634
for metals listed in table one of 40 C.F.R. 503.13;	28635

(iv) Does not exceed the concentration limitations for	28636
metals listed in table three of 40 C.F.R. 503.13.	28637

(d) "Treatment" means the preparation of sewage sludge for	28638
final use or disposal and includes, but is not limited to,	28639
thickening, stabilization, and dewatering of sewage sludge.	28640

(e) "Disposal" means the final use of sewage sludge,	28641
including, but not limited to, land application, land reclamation,	28642
surface disposal, or disposal in a landfill or an incinerator.	28643

(f) "Land application" means the spraying or spreading of	28644
sewage sludge onto the land surface, the injection of sewage	28645
sludge below the land surface, or the incorporation of sewage	28646
sludge into the soil for the purposes of conditioning the soil or	28647
fertilizing crops or vegetation grown in the soil.	28648

(g) "Land reclamation" means the returning of disturbed land	28649
to productive use.	28650

(h) "Surface disposal" means the placement of sludge on an	28651
area of land for disposal, including, but not limited to,	28652
monofills, surface impoundments, lagoons, waste piles, or	28653
dedicated disposal sites.	28654

(i) "Incinerator" means an entity that disposes of sewage	28655
sludge through the combustion of organic matter and inorganic	28656
matter in sewage sludge by high temperatures in an enclosed	28657
device.	28658

(j) "Incineration facility" includes all incinerators owned	28659
or operated by the same entity and located on a contiguous tract	28660
of land. Areas of land are considered to be contiguous even if	28661
they are separated by a public road or highway.	28662

(k) "Annual sludge fee" means the fee assessed under division	28663
(Y)(1) of this section.	28664

(l) "Landfill" means a sanitary landfill facility, as defined	28665
in rules adopted under section 3734.02 of the Revised Code, that	28666
is licensed under section 3734.05 of the Revised Code.	28667

(m) "Preexisting land reclamation project" means a	28668
property-specific land reclamation project that has been in	28669
continuous operation for not less than five years pursuant to	28670
approval of the activity by the director and includes the	28671
implementation of a community outreach program concerning the	28672
activity.	28673

Sec. 3745.15.  (A)(1) Not later than one hundred fifty days	28674
after receipt of a complete application for a permit to install,	28675
or a modification of such a permit, under rules adopted under	28676
division (F) of section 3704.03 of the Revised Code or for the	28677
approval of plans under section 6111.44, 6111.45, or 6111.46 of	28678
the Revised Code, the director of environmental protection shall	28679
either issue or deny, or propose to deny, the permit or	28680
modification or approve or disapprove the plans, whichever is	28681
applicable. The director shall send written notification to the	28682
applicant of the issuance or denial or the approval or	28683
disapproval, whichever is applicable. If the director fails to	28684
issue or deny or propose to deny the permit or modification or	28685
approve or disapprove the plans, whichever is applicable, not	28686
later than one hundred fifty days after receipt of a complete	28687
application, the director and the director's authorized	28688
representatives shall not collect the applicable permit to install	28689
fee established under division (F) or (I) of section 3745.11 of	28690
the Revised Code or the applicable plan approval fee established	28691
under division (L)(2) of section 3745.11 of the Revised Code,	28692
whichever is applicable.	28693

For purposes of this section, a complete application is an	28694
application that has been determined or deemed to be complete	28695
under section 3745.10 of the Revised Code.	28696

(2) If the director fails to issue or deny or propose to	28697
deny a permit to install or modification of such a permit within	28698
the one-hundred-fifty-day period, the applicant may bring a	28699
mandamus action to obtain a judgment that orders the director to	28700
take a final action on the application.	28701

(B)(1) The director, upon the director's own motion or upon	28702
the written request of the applicant, may extend the time provided	28703
under division (A) of this section for issuing or denying or	28704
proposing to deny a permit to install or modification of such a	28705
permit for an additional sixty days if a public informational	28706
meeting or public hearing was held on the application.	28707

(2) Upon the written request of the applicant, the director,	28708
in writing, may extend the time provided under division (A)(1) of	28709
this section for issuing or denying or proposing to deny a permit	28710
to install or modification of such a permit for the additional	28711
time specified in the applicant's request for the extension.	28712

(3) If the time for the issuance, denial, or proposed denial	28713
of a permit to install or modification of such a permit is	28714
extended under division (B)(1) or (2) of this section, the	28715
preclusion against the collection of the applicable permit to	28716
install fee established under division (A)(1) of this section does	28717
not apply unless the preclusion is included in a written agreement	28718
providing for the extension of time.	28719

(C) Upon the written request of the person who is	28720
responsible for a facility, the director may consolidate or group	28721
applications for the issuance of permits to install under rules	28722
adopted under division (F) of section 3704.03 of the Revised Code,	28723
or modifications or renewals of those permits, for individual air	28724
contaminant sources located at the facility in order to reduce the	28725
unnecessary paperwork and administrative burden to the applicant	28726
and the director in connection with the issuance of those permits,	28727
modifications, and renewals. Applicable fees that are payable to	28728
the director under section 3745.11 of the Revised Code shall not	28729
be reduced by reason of any such consolidation or grouping of	28730
applications for permits, modifications, or renewals.	28731

Sec. 3745.22.  (A) As used in this section, "eligible	28732
institution of higher education" means any of the state	28733
universities listed in section 3345.011 of the Revised Code, or a	28734
community college, technical college, university branch, state	28735
community college, or an institution that is nonprofit and holds a	28736
certificate of authorization issued under section 1713.02 of the	28737
Revised Code.	28738

(B) There is hereby created in the state treasury the	28739
environmental education fund consisting of moneys credited to the	28740
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code	28741
and any gifts, grants, or contributions received by the director	28742
of environmental protection for the purposes of the fund. The	28743
fund shall be administered by the director with the advice and	28744
assistance of the environmental education council created in	28745
section 3745.21 of the Revised Code. Moneys in the fund shall be	28746
used exclusively to develop, implement, and administer a program	28747
to enhance public awareness and the objective understanding within	28748
this state of issues affecting environmental quality. Toward that	28749
end, moneys in the fund may be used for purposes that include,	28750
without limitation, developing elementary and secondary school and	28751
collegiate curricula on environmental issues; providing training	28752
for this state's elementary and secondary school teachers on	28753
environmental issues; providing educational seminars for concerned	28754
members of the public regarding the scientific and technical	28755
aspects of environmental issues; providing educational seminars	28756
regarding pollution prevention and waste minimization for persons	28757
regulated by the environmental protection agency; providing	28758
educational seminars for persons regulated by the environmental	28759
protection agency, including, without limitation, small	28760
businesses, regarding the regulatory requirements of the agency	28761
and the means of achieving and maintaining compliance with them;	28762
and providing one or more scholarships in environmental sciences	28763
or environmental engineering at one or more state colleges or	28764
universities, as "state college or university" is defined in	28765
section 3345.27 of the Revised Code for students enrolled at an	28766
eligible institution of higher education.	28767

The director may expend not more than one million five	28768
hundred thousand dollars of the moneys credited to the	28769
environmental education fund under sections 3704.06 and 6111.09 of	28770
the Revised Code in any fiscal year for the purposes specified in	28771
this division. The director may request authority from the	28772
controlling board to expend any moneys credited to that fund in	28773
any fiscal year in excess of that amount.	28774

(B)(C) Not later than the first day of April each year, the	28775
director, with the advice and assistance of the council, shall	28776
prepare and submit to the governor, the president of the senate,	28777
and the speaker of the house of representatives an environmental	28778
education agenda that describes the proposed uses of the	28779
environmental education fund during the following fiscal year.	28780
Prior to submitting the agenda the director, in conjunction with	28781
the council, shall hold a public hearing in Franklin county to	28782
receive comments on the agenda. After the public hearing and	28783
before submitting the agenda to the governor, the president, and	28784
the speaker, the director, with the advice and assistance of the	28785
council, may make any modifications to the agenda that the	28786
director considers appropriate based upon the comments received at	28787
the public hearing.	28788

(C)(D) Not later than the first day of September each year,	28789
the director, with the advice and assistance of the council, shall	28790
prepare and submit to the governor, the president of the senate,	28791
and the speaker of the house of representatives a report on the	28792
revenues credited to and expenditures from the environmental	28793
education fund during the immediately preceding fiscal year.	28794

Sec. 3748.07.  (A) Every facility that proposes to handle	28795
radioactive material or radiation-generating equipment for which	28796
licensure or registration, respectively, by its handler is	28797
required shall apply in writing to the director of health on forms	28798
prescribed and provided by the director for licensure or	28799
registration. Terms and conditions of licenses and certificates	28800
of registration may be amended in accordance with rules adopted	28801
under section 3748.04 of the Revised Code or orders issued by the	28802
director pursuant to section 3748.05 of the Revised Code.	28803

(B) Until rules are adopted under section 3748.04 of the	28804
Revised Code, and except as provided in section 3748.08 or the	28805
Revised Code, an application for a certificate of registration	28806
shall be accompanied by a biennial registration fee of one hundred	28807
sixty seventy-six dollars. On and after the effective date of	28808
those rules, an applicant for a license, registration certificate,	28809
or renewal of either shall pay the appropriate fee established in	28810
those rules.	28811

All fees collected under this section shall be deposited in	28812
the state treasury to the credit of the general operations fund	28813
created in section 3701.83 of the Revised Code. The fees shall be	28814
used solely to administer and enforce this chapter and rules	28815
adopted under it.	28816

Any fee required under this section that has not been paid	28817
within ninety days after the invoice date shall be assessed at two	28818
times the original invoiced fee. Any fee that has not been paid	28819
within one hundred eighty days after the invoice date shall be	28820
assessed at five times the original invoiced fee.	28821

(C) The director shall grant a license or registration to	28822
any applicant who has paid the required fee and is in compliance	28823
with this chapter and rules adopted under it.	28824

Until rules are adopted under section 3748.04 of the Revised	28825
Code, certificates of registration shall be effective for two	28826
years from the date of issuance. On and after the effective date	28827
of those rules, licenses and certificates of registration shall be	28828
effective for the applicable period established in those rules.	28829
Licenses and certificates of registration shall be renewed in	28830
accordance with the standard renewal procedure established in	28831
Chapter 4745. of the Revised Code.	28832

Sec. 3748.08. Each time an amendment to section 124.152 of	28833
the Revised Code is enacted that increases compensation of exempt	28834
employees effective on or after July 1, 2002, the director of	28835
health shall increase the fees provided in division (B) of section	28836
3748.07 and division (B) of section 3748.13 of the Revised Code by	28837
a percentage equal to the highest percentage increase in	28838
compensation required by the amendment. Not later than thirty	28839
days after the effective date of the fee increase, the department	28840
of health shall notify each registrant of the amount of fee	28841
increase.	28842

Sec. 3748.13.  (A) The director of health shall inspect	28844
sources of radiation for which licensure or registration by the	28845
handler is required, and the sources' shielding and surroundings,	28846
according to the schedule established in rules adopted under	28847
division (D) of section 3748.04 of the Revised Code. In	28848
accordance with rules adopted under that section, the director	28849
shall inspect all records and operating procedures of handlers	28850
that install sources of radiation and all sources of radiation for	28851
which licensure of radioactive material or registration of	28852
radiation-generating equipment by the handler is required. The	28853
director may make other inspections upon receiving complaints or	28854
other evidence of violation of this chapter or rules adopted under	28855
it.	28856

The director shall require any hospital registered under	28857
division (A) of section 3701.07 of the Revised Code to develop and	28858
maintain a quality assurance program for all sources of	28859
radiation-generating equipment. A certified radiation expert	28860
shall conduct oversight and maintenance of the program and shall	28861
file a report of audits of the program with the director on forms	28862
prescribed by the director. The audit reports shall become part	28863
of the inspection record.	28864

(B) As used in this division, "health care facility" means a	28865
freestanding diagnostic imaging center or freestanding or mobile	28866
radiation therapy center, as those terms are defined in rules	28867
adopted under division (B) of section 3702.30 of the Revised Code.	28868
Until rules are adopted under division (A)(8) of section 3748.04	28869
of the Revised Code and except as provided in section 3748.08 of	28870
the Revised Code, a facility shall pay inspection fees according	28871
to the following schedule and categories:	28872

Until rules are adopted under division (A)(8) of section	28882
3748.04 of the Revised Code and except as provided in section	28883
3748.08 of the Revised Code, the fee for an inspection to	28884
determine whether violations cited in a previous inspection have	28885
been corrected is fifty per cent of the fee applicable under the	28886
schedule in this division. Until those rules are adopted, the fee	28887
for the inspection of a facility that is not licensed or	28888
registered and for which no license or registration application is	28889
pending at the time of inspection is two three hundred ninety	28890
thirty-four dollars plus the fee applicable under the schedule in	28891
this division.	28892

The director may conduct a review of shielding plans or the	28893
adequacy of shielding on the request of a licensee or registrant	28894
or an applicant for licensure or registration or during an	28895
inspection when the director considers a review to be necessary.	28896
Until rules are adopted under division (A)(8) of section 3748.04	28897
of the Revised Code and except as provided in section 3748.08 of	28898
the Revised Code, the fee for the review is four five hundred	28899
sixty-six thirty-six dollars for each room where a source of	28900
radiation is used and is in addition to any other fee applicable	28901
under the schedule in this division.	28902

All fees shall be paid to the department of health no later	28903
than thirty days after the invoice for the fee is mailed. Fees	28904
shall be deposited in the general operations fund created in	28905
section 3701.83 of the Revised Code. The fees shall be used	28906
solely to administer and enforce this chapter and rules adopted	28907
under it.	28908

Any fee required under this section that has not been paid	28909
within ninety days after the invoice date shall be assessed at two	28910
times the original invoiced fee. Any fee that has not been paid	28911
within one hundred eighty days after the invoice date shall be	28912
assessed at five times the original invoiced fee.	28913

(C) If the director determines that a board of health of a	28914
city or general health district is qualified to conduct	28915
inspections of radiation-generating equipment, the director may	28916
delegate to the board, by contract, the authority to conduct such	28917
inspections. In making a determination of the qualifications of a	28918
board of health to conduct those inspections, the director shall	28919
evaluate the credentials of the individuals who are to conduct the	28920
inspections of radiation-generating equipment and the radiation	28921
detection and measuring equipment available to them for that	28922
purpose. If a contract is entered into, the board shall have the	28923
same authority to make inspections of radiation-generating	28924
equipment as the director has under this chapter and rules adopted	28925
under it. The contract shall stipulate that only individuals	28926
approved by the director as qualified shall be permitted to	28927
inspect radiation-generating equipment under the contract's	28928
provisions. The contract shall provide for such compensation for	28929
services as is agreed to by the director and the board of health	28930
of the contracting health district. The director may reevaluate	28931
the credentials of the inspection personnel and their radiation	28932
detecting and measuring equipment as often as the director	28933
considers necessary and may terminate any contract with the board	28934
of health of any health district that, in the director's opinion,	28935
is not satisfactorily performing the terms of the contract.	28936

(D) The director may enter at all reasonable times upon any	28937
public or private property to determine compliance with this	28938
chapter and rules adopted under it.	28939

Sec. 3750.02.  (A) There is hereby created the emergency	28940
response commission consisting of the directors of environmental	28941
protection and health, the chairpersons chairperson of the public	28942
utilities commission, industrial commission, and state and local	28943
government commission, the fire marshal, the director of public	28944
safety, the director of job and family services transportation,	28945
the director of natural resources, the superintendent of the	28946
highway patrol, and the attorney general as members ex officio, or	28947
their designees; notwithstanding section 101.26 of the Revised	28948
Code, the chairpersons of the respective standing committees of	28949
the senate and house of representatives that are primarily	28950
responsible for considering environmental issues who may	28951
participate fully in all the commission's deliberations and	28952
activities, except that they shall serve as nonvoting members; and	28953
ten members to be appointed by the governor with the advice and	28954
consent of the senate. The appointed members, to the extent	28955
practicable, shall have technical expertise in the field of	28956
emergency response. Of the appointed members, two shall represent	28957
environmental advocacy organizations, one shall represent the	28958
interests of petroleum refiners or marketers or chemical	28959
manufacturers, one shall represent the interests of another	28960
industry subject to this chapter, one shall represent the	28961
interests of municipal corporations, one shall represent the	28962
interests of counties, one shall represent the interests of chiefs	28963
of fire departments, one shall represent the interests of	28964
professional firefighters, one shall represent the interests of	28965
volunteer firefighters, and one shall represent the interests of	28966
local emergency management agencies.	28967

An appointed member of the commission also may serve as a	28968
member of the local emergency planning committee of an emergency	28969
planning district. An appointed member of the commission who is	28970
also a member of a local emergency planning committee shall not	28971
participate as a member of the commission in the appointment of	28972
members of the local emergency planning committee of which the	28973
member is a member, in the review of the chemical emergency	28974
response and preparedness plan submitted by the local emergency	28975
planning committee of which the member is a member, in any vote to	28976
approve a grant to the member's district, or in any vote of the	28977
commission on any motion or resolution pertaining specifically to	28978
the member's district or the local emergency planning committee on	28979
which the member serves. A commission member who is also a member	28980
of a local emergency planning committee shall not lobby or	28981
otherwise act as an advocate for the member's district to other	28982
members of the commission to obtain from the commission anything	28983
of value for the member's district or the local emergency planning	28984
committee of which the member is a member. A member of the	28985
commission who is also a member of a local emergency planning	28986
committee may vote on resolutions of the commission that apply	28987
uniformly to all local emergency planning committees and districts	28988
in the state and do not provide a grant or other pecuniary benefit	28989
to the member's district or the committee of which the member is a	28990
member.	28991

The governor shall make the initial appointments to the	28992
commission within thirty days after December 14, 1988. Of the	28993
initial appointments to the commission, five shall be for a term	28994
of two years and five shall be for a term of one year. Thereafter,	28995
terms of office of the appointed members of the commission shall	28996
be for two years, with each term ending on the same day of the	28997
same month as did the term that it succeeds. Each member shall	28998
hold office from the date of appointment until the end of the term	28999
for which the member was appointed. Members may be reappointed.	29000
Vacancies shall be filled in the manner provided for original	29001
appointments. Any member appointed to fill a vacancy occurring	29002
prior to the expiration of the term for which the member's	29003
predecessor was appointed shall hold office for the remainder of	29004
that term. A member shall continue in office subsequent to the	29005
expiration date of the member's term until the member's successor	29006
takes office or until a period of sixty days has elapsed,	29007
whichever occurs first. The commission may at any time by a vote	29008
of two-thirds of all the members remove any appointed member of	29009
the commission for misfeasance, nonfeasance, or malfeasance.	29010
Members of the commission shall serve without compensation, but	29011
shall be reimbursed for the reasonable expenses incurred by them	29012
in the discharge of their duties as members of the commission.	29013

The commission shall meet at least annually and shall hold	29014
such additional meetings as are necessary to implement and	29015
administer this chapter. Additional meetings may be held at the	29016
behest of either a co-chairperson or a majority of the members.	29017
The commission shall, by adoption of internal management rules	29018
under division (B)(9) of this section, establish an executive	29019
committee and delegate to it the performance of such of the	29020
commission's duties and powers under this chapter as are required	29021
or authorized to be so delegated by that division. The commission	29022
may organize itself into such additional committees as it	29023
considers necessary or convenient to implement and administer this	29024
chapter. The director of environmental protection and the	29025
director of public safety or their designees shall serve as	29026
co-chairpersons of the commission and the executive committee.	29027
Except as otherwise provided in this chapter, a majority of the	29028
voting members of the commission constitutes a quorum and the	29029
affirmative vote of a majority of the voting members of the	29030
commission is necessary for any action taken by the commission.	29031
Meetings of the executive committee conducted for the purpose of	29032
determining whether to issue an enforcement order or request that	29033
a civil action, civil penalty action, or criminal action be	29034
brought to enforce this chapter or rules adopted or orders issued	29035
under it are not subject to section 121.22 of the Revised Code	29036
pursuant to division (D) of that section.	29037

Except for the purposes of Chapters 102. and 2921. and	29038
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving	29039
as an appointed member of the commission does not constitute	29040
holding a public office or position of employment under the laws	29041
of this state and does not constitute grounds for removal of	29042
public officers or employees from their offices or positions of	29043
employment.	29044

(B) The commission shall:

29045

(1) Adopt rules in accordance with Chapter 119. of the	29046
Revised Code that are consistent with and equivalent in scope,	29047
content, and coverage to the "Emergency Planning and Community	29048
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29049
applicable regulations adopted under it:	29050

(a) Identifying or listing extremely hazardous substances	29051
and establishing a threshold planning quantity for each such	29052
substance. To the extent consistent with that act and applicable	29053
regulations adopted under it, the rules may establish threshold	29054
planning quantities based upon classes of those substances or	29055
categories of facilities at which such substances are present.	29056

(b) Listing hazardous chemicals, establishing threshold	29057
quantities for those chemicals, establishing categories of health	29058
and physical hazards of those chemicals, establishing criteria or	29059
procedures for identifying those chemicals and the appropriate	29060
hazard categories of those chemicals, and establishing ranges of	29061
quantities for those chemicals to be used in preparing emergency	29062
and hazardous chemical inventory forms under section 3750.08 of	29063
the Revised Code. To the extent consistent with that act and	29064
applicable regulations adopted under it, the rules may establish	29065
threshold quantities based upon classes of those chemicals or	29066
categories of facilities where those chemicals are present.	29067

To the extent consistent with that act, the threshold	29068
quantities for purposes of the submission of lists of hazardous	29069
chemicals under section 3750.07 and the submission of emergency	29070
and hazardous chemical inventory forms under section 3750.08 of	29071
the Revised Code may differ.	29072

(c) Identifying or listing hazardous substances and	29073
establishing reportable quantities of each of those substances and	29074
each extremely hazardous substance. In addition to being	29075
consistent with and equivalent in scope, content, and coverage to	29076
that act and applicable regulations adopted under it, the rules	29077
shall be consistent with and equivalent in scope, content, and	29078
coverage to regulations identifying or listing hazardous	29079
substances and reportable quantities of those substances adopted	29080
under the "Comprehensive Environmental Response, Compensation, and	29081
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	29082
amended.	29083

(d) Prescribing the information to be included in the lists	29084
of hazardous chemicals required to be submitted under section	29085
3750.07 of the Revised Code;	29086

(e) Prescribing the information to be included in the	29087
emergency and hazardous chemical inventory forms required to be	29088
submitted under section 3750.08 of the Revised Code. If the	29089
commission establishes its own emergency and hazardous chemical	29090
inventory form, the rules shall authorize owners and operators of	29091
facilities who also have one or more facilities located outside	29092
the state for which they are required to submit inventory forms	29093
under the federal act and regulations adopted under it to submit	29094
their annual inventories on forms prescribed by the administrator	29095
of the United States environmental protection agency under that	29096
act instead of on forms prescribed by the commission and shall	29097
require those owners or operators to submit any additional	29098
information required by the commission's inventory form on an	29099
attachment to the federal form.	29100

(f) Establishing procedures for giving verbal notice of	29101
releases under section 3750.06 of the Revised Code and prescribing	29102
the information to be provided in such a notice and in the	29103
follow-up written notice required by that section;	29104

(g) Establishing standards for determining valid needs for	29105
the release of tier II information under division (B)(4) of	29106
section 3750.10 of the Revised Code;	29107

(h) Identifying the types or categories of information	29108
submitted or obtained under this chapter and rules adopted under	29109
it that constitute confidential business information;	29110

(i) Establishing criteria and procedures to protect trade	29111
secret and confidential business information from unauthorized	29112
disclosure;	29113

(j) Establishing other requirements or authorizations that	29114
the commission considers necessary or appropriate to implement,	29115
administer, and enforce this chapter.	29116

(2) Adopt rules in accordance with Chapter 119. of the	29117
Revised Code to implement and administer this chapter that may be	29118
more stringent than the "Emergency Planning and Community	29119
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29120
regulations adopted under it. Rules adopted under division (B)(2)	29121
of this section shall not be inconsistent with that act or the	29122
regulations adopted under it. The rules shall:	29123

(a) Prescribe the information to be included in the chemical	29124
emergency response and preparedness plans prepared and submitted	29125
by local emergency planning committees under section 3750.04 of	29126
the Revised Code;	29127

(b) Establish criteria and procedures for reviewing the	29128
chemical emergency response and preparedness plans of local	29129
emergency planning committees required by section 3750.04 of the	29130
Revised Code and the annual exercise of those plans and for	29131
providing concurrence or requesting modifications in the plans and	29132
the exercise of those plans. The criteria shall include, without	29133
limitation, the requirement that each exercise of a committee's	29134
plan involve, in addition to local emergency response and medical	29135
personnel, either a facility that is subject to the plan or a	29136
transporter of materials that are identified or listed as	29137
hazardous materials by regulations adopted under the "Hazardous	29138
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	29139
1801, as amended.	29140

(c) Establish policies and procedures for maintaining	29141
information submitted to the commission and local emergency	29142
planning committees under this chapter, and for receiving and	29143
fulfilling requests from the public for access to review and to	29144
obtain copies of that information. The criteria and procedures	29145
shall include the following requirements and authorizations	29146
regarding that information and access to it:	29147

(i) Information that is protected as trade secret	29148
information or confidential business information under this	29149
chapter and rules adopted under it shall be kept in files that are	29150
separate from those containing information that is not so	29151
protected.	29152

(ii) The original copies of information submitted to the	29153
commission or committee shall not be removed from the custody and	29154
control of the commission or committee.	29155

(iii) A person who, either in person or by mail, requests to	29156
obtain a copy of a material safety data sheet submitted under this	29157
chapter by a facility owner or operator shall submit a separate	29158
application for each facility for which a material safety data	29159
sheet is being requested.	29160

(iv) A person who requests to receive by mail a copy of	29161
information submitted under this chapter by a facility owner or	29162
operator shall submit a separate application for each facility for	29163
which information is being requested and shall specify both the	29164
facility for which information is being requested and the	29165
particular types of documents requested.	29166

(v) Only employees of the commission or committee shall copy	29167
information in the files of the commission or committee.	29168

(vi) The commission or committee may require any person who	29169
requests to review or obtain a copy of information in its files to	29170
schedule an appointment for that purpose with the information	29171
coordinator of the commission or committee at least twenty-four	29172
hours before arriving at the office of the commission or committee	29173
for the review or copy.	29174

(vii) Any person who seeks access to information in the	29175
files of the commission or a local emergency planning committee	29176
shall submit a written application, either in person or by mail,	29177
to the information coordinator on a form provided by the	29178
commission or committee. The person also shall provide the	29179
person's name and current mailing address on the application and	29180
may be requested by the commission or committee to provide basic	29181
demographic information on the form to assist in the evaluation of	29182
the information access provisions of this chapter and rules	29183
adopted under it. Application forms may be obtained by mail or in	29184
person or by request by telephone at the office of the commission	29185
or committee during regular business hours. Upon receipt of a	29186
request for an application by telephone or mail, the information	29187
coordinator shall promptly mail an application to the person who	29188
requested it.	29189

(viii) The application form shall provide the applicant with	29190
a means of indicating that the applicant's name and address are to	29191
be kept confidential. If the applicant so indicates, that	29192
information is not a public record under section 149.43 of the	29193
Revised Code and shall not be disclosed to any person who is not a	29194
member or employee of the commission or committee or an employee	29195
of the environmental protection agency. When a name and address	29196
are to be kept confidential, they also shall be deleted from the	29197
copy of the application required to be placed in the file of the	29198
facility under division (B)(2)(c)(xii) of this section and shall	29199
be withheld from any log of information requests kept by the	29200
commission or committee pursuant to that division.	29201

(ix) Neither the commission nor a local emergency planning	29202
committee shall charge any fee for access to review information in	29203
its files when no copies or computer searches of that information	29204
are requested.	29205

(x) An applicant shall be informed of the cost of copying,	29206
mailing, or conducting a computer search of information on file	29207
with the commission or committee before such a copy or search is	29208
made, and the commission or committee shall collect the	29209
appropriate fees as established under section 3750.13 of the	29210
Revised Code. Each applicant shall acknowledge on the application	29211
form that the applicant is aware that the applicant will be	29212
charged for copies and computer searches of that information the	29213
applicant requests and for the costs of mailing copies of the	29214
information to the applicant.	29215

(xi) The commission or committee may require a person	29216
requesting copies of information on file with it to take delivery	29217
of them in the office of the commission or committee whenever it	29218
considers the volume of the information to be large enough to make	29219
mailing or delivery by a parcel or package delivery service	29220
impractical.	29221

(xii) When the commission or committee receives a request	29222
for access to review or obtain copies of information in its files,	29223
it shall not routinely notify the owner or operator of the	29224
facility involved, but instead shall either keep a log or file of	29225
requests for the information or shall place a copy of each	29226
completed application form in the file for the facility to which	29227
the application pertains. Such a log or file shall be available	29228
for review by the public and by the owners and operators of	29229
facilities required to submit information to the commission or	29230
committee under this chapter and rules adopted under it.	29231

(d) Require that claims for the protection, as a trade	29232
secret, of information obtained under this chapter regarding	29233
extremely hazardous substances identified or listed in rules	29234
adopted under division (B)(1)(a) of this section and hazardous	29235
chemicals identified or listed in rules adopted under division	29236
(B)(1)(b) of this section be submitted to the administrator of the	29237
United States environmental protection agency for determination	29238
under section 322 of the the "Emergency Planning and Community	29239
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and	29240
regulations adopted under that section;	29241

(e) Establish criteria and procedures for the issuance of	29242
variances under divisions (B) and (C) of section 3750.11 of the	29243
Revised Code. The rules shall require that, before approval of an	29244
application for a variance, the commission or committee find by a	29245
preponderance of the scientific evidence based upon generally	29246
accepted scientific principles or laboratory tests that the	29247
extremely hazardous substances, hazardous chemicals, or hazardous	29248
substances that would be subject to the reporting requirement pose	29249
a substantial risk of catastrophic injury to public health or	29250
safety or to the environment, or pose an extraordinary risk of	29251
injury to emergency management personnel responding to a release	29252
of the chemicals or substances, when the substances or chemicals	29253
are present at a facility in an amount equal to or exceeding the	29254
quantity for which reporting would be required under the reporting	29255
requirement for which the variance is sought. The rules shall	29256
also require that before approval of an application for a	29257
variance, the commission or committee find by a preponderance of	29258
the evidence that the development and implementation of a local	29259
emergency response plan for releases of the substances or	29260
chemicals covered by the reporting requirement will reduce the	29261
risk of catastrophic injury to public health or safety or to the	29262
environment, or will reduce the extraordinary risk of injury to	29263
responding emergency management personnel, in the event of a	29264
release of the substances or chemicals and find by a preponderance	29265
of the evidence that the reporting requirement is necessary for	29266
the development of such a local emergency response plan. The	29267
rules shall require that when determining whether the substances	29268
or chemicals that would be subject to the reporting requirement	29269
pose a substantial risk of catastrophic injury to public health or	29270
safety or to the environment, or pose an extraordinary risk of	29271
injury to emergency management personnel responding to a release	29272
of the substance or chemical, the commission or committee consider	29273
all of the following factors:	29274

(i) The specific characteristics and degree and nature of	29275
the hazards posed by a release of the extremely hazardous	29276
substances, hazardous chemicals, or hazardous substances;	29277

(ii) The proximity of the facilities that would be subject	29278
to the reporting requirement to residential areas, to areas where	29279
significantly large numbers of people are employed or otherwise	29280
congregate, and to environmental resources that are subject to	29281
injury;	29282

(iii) The quantities of the extremely hazardous substances,	29283
hazardous chemicals, or hazardous substances that are routinely	29284
present at facilities that would be subject to the reporting	29285
requirement;	29286

(iv) The frequency with which the extremely hazardous	29287
substances, hazardous chemicals, or hazardous substances are	29288
present at the facilities that would be subject to the reporting	29289
requirement in quantities for which reporting would be required	29290
thereunder.	29291

(f) Establish criteria and procedures for the issuance of	29292
orders under division (D) of section 3750.11 of the Revised Code	29293
requiring the placement of emergency response lock box units. The	29294
rules shall require that before approval of an application for	29295
issuance of such an order, the commission or committee find by a	29296
preponderance of the scientific evidence based upon generally	29297
accepted scientific principles or laboratory tests that the	29298
presence of the extremely hazardous substances, hazardous	29299
chemicals, or hazardous substances in the quantities in which they	29300
are routinely or intermittently present at the facility for which	29301
the order is sought pose a substantial risk of catastrophic injury	29302
to public health or safety or to the environment, or pose an	29303
extraordinary risk of injury to responding emergency management	29304
personnel, in the event of a release of any of those substances or	29305
chemicals from the facility. The rules shall require that before	29306
approval of an application for issuance of such an order, the	29307
commission or committee also find by a preponderance of the	29308
evidence that the placement of an emergency response lock box unit	29309
at the facility is necessary to protect against the substantial	29310
risk of catastrophic injury to public health or safety or the	29311
environment, or to protect against an extraordinary risk of injury	29312
to responding emergency management personnel, in the event of a	29313
release of any of the extremely hazardous substances, hazardous	29314
chemicals, or hazardous substances routinely or intermittently	29315
present at the facility. The rules shall require that when	29316
determining whether the extremely hazardous substances, hazardous	29317
chemicals, or hazardous substances present at the facility pose a	29318
substantial risk of catastrophic injury to public health or safety	29319
or to the environment, or pose an extraordinary risk of injury to	29320
responding emergency management personnel, in the event of a	29321
release of any of those substances or chemicals from the facility,	29322
the commission or committee consider all of the following factors:	29323

(i) The specific characteristics and the degree and nature	29324
of the hazards posed by a release of the extremely hazardous	29325
substances, hazardous chemicals, or hazardous substances present	29326
at the facility;	29327

(ii) The proximity of the facility to residential areas, to	29328
areas where significantly large numbers of people are employed or	29329
otherwise congregate, and to environmental resources that are	29330
subject to injury;	29331

(iii) The quantities of the extremely hazardous substances,	29332
hazardous chemicals, or hazardous substances that are routinely	29333
present at the facility;	29334

(iv) The frequency with which the extremely hazardous	29335
substances, hazardous chemicals, or hazardous substances are	29336
present at the facility.	29337

(g) Establish procedures to be followed by the commission	29338
and the executive committee of the commission for the issuance of	29339
orders under this chapter.	29340

(3) In accordance with Chapter 119. of the Revised Code	29341
adopt rules establishing reportable quantities for releases of oil	29342
that are consistent with and equivalent in scope, content, and	29343
coverage to section 311 of the "Federal Water Pollution Control	29344
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as	29345
amended, and applicable regulations adopted under it;	29346

(4) Adopt rules in accordance with Chapter 119. of the	29347
Revised Code establishing criteria and procedures for identifying	29348
or listing extremely hazardous substances in addition to those	29349
identified or listed in rules adopted under division (B)(1)(a) of	29350
this section and for establishing threshold planning quantities	29351
and reportable quantities for the added extremely hazardous	29352
substances; for identifying or listing hazardous chemicals in	29353
addition to those identified or listed in rules adopted under	29354
division (B)(1)(b) of this section and for establishing threshold	29355
quantities and categories of health and physical hazards for the	29356
added hazardous chemicals; and for identifying or listing	29357
hazardous substances in addition to those identified or listed in	29358
rules adopted under division (B)(1)(c) of this section and for	29359
establishing reportable quantities for the added hazardous	29360
substances. The criteria for identifying or listing additional	29361
extremely hazardous substances and establishing threshold planning	29362
quantities and reportable quantities therefor and for identifying	29363
or listing additional hazardous chemicals and establishing	29364
threshold quantities and categories of health and physical hazards	29365
for the added hazardous chemicals shall be consistent with and	29366
equivalent to applicable criteria therefor under the "Emergency	29367
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	29368
42 U.S.C.A. 11001, and regulations adopted under it. The criteria	29369
for identifying additional hazardous substances and for	29370
establishing reportable quantities of the added hazardous	29371
substances shall be consistent with and equivalent to the	29372
applicable criteria for identifying or listing hazardous	29373
substances and establishing reportable quantities therefor under	29374
the "Comprehensive Environmental Response, Compensation, and	29375
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	29376
amended, and regulations adopted under it.	29377

The rules shall require that, before identifying or listing	29378
any such additional extremely hazardous substance, hazardous	29379
chemical, or hazardous substance and establishing a threshold	29380
planning quantity, threshold quantity, or reportable quantity	29381
therefor, the commission find by a preponderance of the scientific	29382
evidence based on generally accepted scientific principles or	29383
laboratory tests that the substance or chemical poses a	29384
substantial risk of catastrophic injury to public health or safety	29385
or to the environment, or poses an extraordinary risk of injury to	29386
emergency management personnel responding to a release of the	29387
chemical or substance, when the chemical or substance is present	29388
at a facility in an amount equal to the proposed threshold	29389
planning quantity or threshold quantity or, in the instance of a	29390
proposed additional extremely hazardous substance or hazardous	29391
substance, poses a substantial risk of catastrophic injury to	29392
public health or safety or to the environment if a release of the	29393
proposed reportable quantity of the substance occurs. The rules	29394
shall further require that, before so identifying or listing a	29395
substance or chemical, the commission find by a preponderance of	29396
the evidence that the development and implementation of state or	29397
local emergency response plans for releases of the substance or	29398
chemical will reduce the risk of a catastrophic injury to public	29399
health or safety or to the environment, or will reduce the	29400
extraordinary risk of injury to responding emergency response	29401
personnel, in the event of a release of the substance or chemical	29402
and find by a preponderance of the evidence that the	29403
identification or listing of the substance or chemical is	29404
necessary for the development of state or local emergency response	29405
plans for releases of the substance or chemical. The rules shall	29406
require that the commission consider the toxicity of the substance	29407
or chemical in terms of both the short-term and long-term health	29408
effects resulting from exposure to it and its reactivity,	29409
volatility, dispersibility, combustibility, and flammability when	29410
determining the risks posed by a release of the substance or	29411
chemical and, as appropriate, when establishing a threshold	29412
planning quantity, threshold quantity, reportable quantity, or	29413
category of health or physical hazard for it.	29414

(5) Adopt rules in accordance with Chapter 119. of the	29415
Revised Code establishing criteria and procedures for receiving	29416
and deciding claims for protection of information as a trade	29417
secret that are applicable only to extremely hazardous substances	29418
and hazardous chemicals identified or listed in rules adopted	29419
under division (C)(5) of this section. The rules shall be	29420
equivalent in scope, content, and coverage to section 322 of the	29421
"Emergency Planning and Community Right-To-Know Act of 1986," 100	29422
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.	29423

(6)(a) After consultation with the fire marshal, adopt rules	29424
in accordance with Chapter 119. of the Revised Code establishing	29425
standards for the construction, placement, and use of emergency	29426
response lock box units at facilities that are subject to this	29427
chapter. The rules shall establish all of the following:	29428

(i) Specific standards of construction for lock box units;

29429

(ii) The specific types of information that shall be placed	29430
in the lock box units required to be placed at a facility by an	29431
order issued under division (D) of section 3750.11 of the Revised	29432
Code, which shall include the location of on-site emergency	29433
fire-fighting and spill cleanup equipment; a diagram of the public	29434
and private water supply and sewage systems serving the facility	29435
that are known to the owner or operator of the facility; a copy of	29436
the emergency and hazardous chemical inventory form for the	29437
facility most recently required to be submitted under section	29438
3750.08 of the Revised Code from which the owner or operator may	29439
withhold information claimed or determined to be trade secret	29440
information pursuant to rules adopted under division (B)(2)(d) of	29441
this section, or pursuant to division (B)(14) of this section and	29442
rules adopted under division (B)(5) of this section, and	29443
confidential business information identified in rules adopted	29444
under division (B)(1)(h) of this section; a copy of the local fire	29445
department's and facility's emergency management plans for the	29446
facility, if any; a current list of the names, positions,	29447
addresses, and telephone numbers of all key facility personnel	29448
knowledgeable in facility safety procedures and the locations at	29449
the facility where extremely hazardous substances, hazardous	29450
chemicals, and hazardous substances are produced, used, or stored.	29451
The rules shall stipulate that, in the instance of lock box units	29452
placed voluntarily at facilities by the owners or operators of the	29453
facilities, such information shall be maintained in them as is	29454
prescribed by agreement by the owner or operator and the fire	29455
department having jurisdiction over the facility.	29456

(iii) The conditions that shall be met in order to provide	29457
safe and expedient access to a lock box unit during a release or	29458
threatened release of an extremely hazardous substance, hazardous	29459
chemical, or hazardous substance.	29460

(b) Unless the owner or operator of a facility is issued an	29461
order under division (D) of section 3750.11 of the Revised Code	29462
requiring the owner or operator to place a lock box unit at the	29463
facility, the owner or operator may place a lock box unit at the	29464
facility at the owner's or operator's discretion. If the owner or	29465
operator chooses to place a lock box unit at the facility, the	29466
responsibility to deposit information in the lock box unit is in	29467
addition to any other obligations established in this chapter.	29468

(c) Any costs associated with the purchase, construction, or	29469
placement of a lock box unit shall be paid by the owner or	29470
operator of the facility.	29471

(7) In accordance with Chapter 119. of the Revised Code,	29472
adopt rules governing the application for and awarding of grants	29473
under division (C) of section 3750.14 and division (B) of section	29474
3750.15 of the Revised Code;	29475

(8) Adopt rules in accordance with Chapter 119. of the	29476
Revised Code establishing reasonable maximum fees that may be	29477
charged by the commission and local emergency planning committees	29478
for copying information in the commission's or committee's files	29479
to fulfill requests from the public for that information;	29480

(9) Adopt internal management rules governing the operations	29481
of the commission. The internal management rules shall establish	29482
an executive committee of the commission consisting of the	29483
director of environmental protection or the director's designee,	29484
the director of public safety or the director's designee, the	29485
attorney general or the attorney general's designee, one of the	29486
appointed members of the commission representing industries	29487
subject to this chapter to be appointed by the commission, one of	29488
the appointed members of the commission representing the interests	29489
of environmental advocacy organizations to be appointed by the	29490
commission, and one other appointed member or member ex officio of	29491
the commission to be appointed by the commission. The executive	29492
committee has exclusive authority to issue enforcement orders	29493
under section 3750.18 of the Revised Code and to request the	29494
attorney general to bring a civil action, civil penalty action, or	29495
criminal action under section 3750.20 of the Revised Code in the	29496
name of the commission regarding violations of this chapter, rules	29497
adopted under it, or orders issued under it. The internal	29498
management rules may set forth the other specific powers and	29499
duties of the commission that the executive committee may exercise	29500
and carry out and the conditions under which the executive	29501
committee may do so. The internal management rules shall not	29502
authorize the executive committee to issue variances under	29503
division (B) or (C) of section 3750.11 of the Revised Code or	29504
orders under division (D) of that section.	29505

(10) Oversee and coordinate the implementation and	29506
enforcement of this chapter and make such recommendations to the	29507
director of environmental protection and the director of public	29508
safety as it considers necessary or appropriate to improve the	29509
implementation and enforcement of this chapter;	29510

(11) Make allocations of moneys under division (B) of	29511
section 3750.14 of the Revised Code and make grants under division	29512
(C) of section 3750.14 and division (B) of section 3750.15 of the	29513
Revised Code;	29514

(12) Designate an officer of the environmental protection	29515
agency to serve as the commission's information coordinator under	29516
this chapter;	29517

(13) Not later than December 14, 1989, develop and	29518
distribute a state emergency response plan that defines the	29519
emergency response roles and responsibilities of the state	29520
agencies that are represented on the commission and that provides	29521
appropriate coordination with the national contingency plan and	29522
the regional contingency plan required by section 105 of the	29523
"Comprehensive Environmental Response, Compensation, and Liability	29524
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The	29525
plan shall ensure a well-coordinated response by state agencies	29526
that may be involved in assisting local emergency responders	29527
during a major release of oil or a major sudden and accidental	29528
release of a hazardous substance or extremely hazardous substance.	29529
The plan may incorporate existing state emergency response plans	29530
by reference. At least annually, the commission and the state	29531
agencies that are represented on it shall jointly exercise the	29532
state plan in conjunction with the exercise of a local emergency	29533
response plan by a local emergency planning committee under	29534
section 3750.04 of the Revised Code. After any such exercise, the	29535
commission shall review the state plan and make such revisions in	29536
it as the commission considers necessary or appropriate.	29537

(14) Receive and decide claims for the protection of	29538
information as a trade secret that pertain only to extremely	29539
hazardous substances and hazardous chemicals identified or listed	29540
by rules adopted under division (C)(5) of this section. If the	29541
commission determines that the claim meets the criteria	29542
established in rules adopted under division (B)(5) of this	29543
section, it shall issue an order to that effect in accordance with	29544
section 3750.18 of the Revised Code. If the commission determines	29545
that the claim does not meet the criteria established in those	29546
rules, it shall issue an order to that effect in accordance with	29547
section 3750.18 of the Revised Code.	29548

(15) Annually compile, make available to the public, and	29549
submit to the president of the senate and the speaker of the house	29550
of representatives a summary report on the number of facilities	29551
estimated to be subject to regulation under sections 3750.05,	29552
3750.07, and 3750.08 of the Revised Code, the number of facilities	29553
reporting to the commission, an estimate of the percentage of	29554
facilities in compliance with those sections, and recommendations	29555
regarding the types of activities the commission considers	29556
necessary to improve such compliance. The commission shall base	29557
its estimate of the number of facilities that are subject to	29558
regulation under those sections on the current estimates provided	29559
by the local emergency planning committees under division (D)(6)	29560
of section 3750.03 of the Revised Code.	29561

(C) The commission may:

29562

(1) Procure by contract the temporary or intermittent	29563
services of experts or consultants when those services are to be	29564
performed on a part-time or fee-for-service basis and do not	29565
involve the performance of administrative duties;	29566

(2) Enter into contracts or agreements with political	29567
subdivisions or emergency planning districts for the purposes of	29568
this chapter;	29569

(3) Accept on behalf of the state any gift, grant, or	29570
contribution from any governmental or private source for the	29571
purposes of this chapter;	29572

(4) Enter into contracts, agreements, or memoranda of	29573
understanding with any state department, agency, board,	29574
commission, or institution to obtain the services of personnel	29575
thereof or utilize resources thereof for the purposes of this	29576
chapter. Employees of a state department, agency, board,	29577
commission, or institution providing services to the commission	29578
under any such contract, agreement, or memorandum shall perform	29579
only those functions and provide only the services provided for in	29580
the contract, agreement, or memorandum.	29581

(5) Identify or list extremely hazardous substances in	29582
addition to those identified or listed in rules adopted under	29583
division (B)(1)(a) of this section and establish threshold	29584
planning quantities and reportable quantities for the additional	29585
extremely hazardous substances, identify or list hazardous	29586
chemicals in addition to those identified or listed in rules	29587
adopted under division (B)(1)(b) of this section and establish	29588
threshold quantities and categories or health and physical hazards	29589
for the added chemicals, and identify or list hazardous substances	29590
in addition to those identified or listed in rules adopted under	29591
division (B)(1)(c) of this section and establish reportable	29592
quantities for the added hazardous substances. The commission may	29593
establish threshold planning quantities for the additional	29594
extremely hazardous substances based upon classes of those	29595
substances or categories of facilities at which they are present	29596
and may establish threshold quantities for the additional	29597
hazardous chemicals based upon classes of those chemicals or	29598
categories of facilities where they are present. The commission	29599
shall identify or list such additional substances or chemicals and	29600
establish threshold planning quantities, threshold quantities,	29601
reportable quantities, and hazard categories therefor in	29602
accordance with the criteria and procedures established in rules	29603
adopted under division (B)(4) of this section and, after	29604
compliance with those criteria and procedures, by the adoption of	29605
rules in accordance with Chapter 119. of the Revised Code. The	29606
commission shall not adopt rules under division (C)(5) of this	29607
section modifying any threshold planning quantity established in	29608
rules adopted under division (B)(1)(a) of this section, any	29609
threshold quantity established in rules adopted under division	29610
(B)(1)(b) of this section, or any reportable quantity established	29611
in rules adopted under division (B)(1)(c) of this section.	29612

If, after the commission has adopted rules under division	29613
(C)(5) of this section identifying or listing an extremely	29614
hazardous substance, hazardous chemical, or hazardous substance,	29615
the administrator of the United States environmental protection	29616
agency identifies or lists the substance or chemical as an	29617
extremely hazardous substance or hazardous chemical under the	29618
"Emergency Planning and Community Right-To-Know Act of 1986," 100	29619
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance	29620
as a hazardous substance under the "Comprehensive Environmental	29621
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	29622
42 U.S.C.A. 9602, as amended, the commission shall rescind its	29623
rules adopted under division (C)(5) of this section pertaining to	29624
the substance or chemical and adopt the appropriate rules under	29625
division (B)(1)(a), (b), or (c) of this section.	29626

(6) From time to time, request the director of environmental	29627
protection and the executive director of the emergency management	29628
agency to review implementation, administration, and enforcement	29629
of the chemical emergency response planning and reporting programs	29630
created by this chapter and rules adopted under it regarding their	29631
effectiveness in preparing for response to releases of extremely	29632
hazardous substances, hazardous chemicals, and hazardous	29633
substances. After completion of any such review, the director of	29634
environmental protection and the director of public safety shall	29635
report their findings to the commission. Upon receipt of their	29636
findings, the commission may make such recommendations for	29637
legislative and administrative action as the commission finds	29638
necessary or appropriate to promote achievement of the purposes of	29639
this chapter.	29640

(D) Except as provided in section 3750.06 of the Revised	29641
Code, nothing in this chapter applies to the transportation,	29642
including the storage incident to transportation, of any substance	29643
or chemical subject to the requirements of this chapter, including	29644
the transportation and distribution of natural gas.	29645

(E) This chapter authorizes the state, through the emergency	29646
response commission, the department of public safety, and the	29647
environmental protection agency, to establish and maintain	29648
chemical emergency response planning and preparedness, community	29649
right-to-know, and hazardous substance and extremely hazardous	29650
substance release reporting programs that are consistent with and	29651
equivalent in scope, coverage, and content to the "Emergency	29652
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	29653
42 U.S.C.A. 11001, and regulations adopted under it, except as	29654
otherwise specifically required or authorized in this chapter. The	29655
commission, department, and agencies may do all things necessary,	29656
incidental, or appropriate to implement, administer, and enforce	29657
this chapter and to perform the duties and exercise the powers of	29658
the state emergency response commission under that act and	29659
regulations adopted under it and under this chapter.	29660

Sec. 3750.081. (A) Notwithstanding any provision in this	29661
chapter to the contrary, an owner or operator of a facility that	29662
is regulated under Chapter 1509. of the Revised Code who has filed	29663
a log in accordance with section 1509.10 of the Revised Code and a	29664
production statement in accordance with section 1509.11 of the	29665
Revised Code shall be deemed to have satisfied all of the	29666
inventory, notification, listing, and other submission and filing	29667
requirements established under this chapter, except for the	29668
release reporting requirements established under section 3750.06	29669
of the Revised Code.	29670

(B) The emergency response commission and every local	29671
emergency planning committee and fire department in this state	29672
shall establish a means by which to access, view, and retrieve	29673
information, through the use of the internet or a computer disk,	29674
from the electronic database maintained by the division of mineral	29675
resources management in the department of natural resources in	29676
accordance with section 1509.23 of the Revised Code. With respect	29677
to facilities regulated under Chapter 1509. of the Revised Code,	29678
the database shall be the means of providing and receiving the	29679
information described in division (A) of this section.	29680

Sec. 3750.13.  (A)(1) Except as provided in division (A)(3)	29681
or (4) of this section, the owner or operator of a facility	29682
required to annually file an emergency and hazardous chemical	29683
inventory form under section 3750.08 of the Revised Code shall	29684
submit with the inventory form a filing fee of one hundred fifty	29685
dollars. In addition to the filing fee, the owner or operator	29686
shall submit with the inventory form the following additional fees	29687
for reporting inventories of the individual hazardous chemicals	29688
and extremely hazardous substances produced, used, or stored at	29689
the facility:	29690

(a) Except as provided in division (A)(1)(b) of this	29691
section, an additional fee of ten twenty dollars per hazardous	29692
chemical enumerated on the inventory form in excess of five;	29693

(b) An additional fee of one hundred fifty dollars per	29694
extremely hazardous substance enumerated on the inventory form.	29695
The fee established in division (A)(1)(a) of this section does not	29696
apply to the reporting of the inventory of a hazardous chemical	29697
that is also an extremely hazardous substance to which the	29698
inventory reporting fee established in division (A)(1)(b) of this	29699
section applies.	29700

The total fees required to accompany any inventory form shall	29701
not exceed twenty-five hundred dollars.	29702

(2) An owner or operator of a facility who fails to submit	29703
such an inventory form within thirty days after the applicable	29704
filing date prescribed in section 3750.08 of the Revised Code	29705
shall submit with the inventory form a late filing fee in the	29706
amount of fifteen ten per cent per year of the total fees due	29707
under division (A)(1) or (4) of this section, in addition to the	29708
fees due under division (A)(1) or (4) of this section. The late	29709
filing fee shall be compounded every three months until the total	29710
fees due under division (A)(1) or (4) of this section are	29711
submitted to the emergency response commission.	29712

(3) The owner or operator of a facility who, during the	29713
preceding year, was required to pay a fee to a municipal	29714
corporation pursuant to an ordinance, rule, or requirement that	29715
was in effect on the effective date of this section for the	29716
reporting or providing of the names or amounts of extremely	29717
hazardous substances or hazardous chemicals produced, used, or	29718
stored at the facility may claim a credit against the fees due	29719
under division (A)(1) or (4) of this section for the fees paid to	29720
the municipal corporation pursuant to its reporting requirement.	29721
The amount of the credit claimed in any reporting year shall not	29722
exceed the amount of the fees due under division (A)(1) or (4) of	29723
this section during that reporting year, and no unused portion of	29724
the credit shall be carried over to subsequent years. In order to	29725
claim a credit under this division, the owner or operator shall	29726
submit with the emergency and hazardous chemical inventory form a	29727
receipt issued by the municipal corporation or other documentation	29728
acceptable to the commission indicating the amount of the fee paid	29729
to the municipal corporation and the date on which the fee was	29730
paid.	29731

(4) An owner or operator who is regulated under Chapter	29732
1509. of the Revised Code and who submits inventory forms	29733
information under section 1509.11 of the Revised Code for not more	29734
than thirty-five twenty-five facilities that meet all of the	29735
following conditions shall submit with the forms to the emergency	29736
response commission on or before the first day of March a flat fee	29737
of twenty-five fifty dollars if the facilities meet all of the	29738
following conditions:	29739

(a) The facility exclusively stores crude oil or liquid	29740
hydrocarbons or other fluids resulting, obtained, or produced in	29741
connection with the production or storage of crude oil or natural	29742
gas.	29743

(b) The crude oil, liquid hydrocarbons, or other fluids	29744
stored at the facility are conveyed directly to it through piping	29745
or tubing.	29746

(c) The facility is located on the same site as, or on a	29747
site adjacent to, the well from which the crude oil, liquid	29748
hydrocarbons, or other fluids are produced or obtained.	29749

(d) The facility is used for the storage of the crude oil,	29750
liquid hydrocarbons, or other fluids prior to their transportation	29751
off the premises of the facility for sale, use, or disposal.	29752

An owner or operator who submits inventory forms information	29753
for more than thirty-five twenty-five facilities that meet all of	29754
the conditions prescribed in divisions (A)(4)(a) to (d) of this	29755
section shall submit to the commission a base fee of twenty-five	29756
fifty dollars in addition to a and an additional filing fee of ten	29757
dollars for each facility reported in excess of thirty-five	29758
twenty-five, but not exceeding a total fee of seven nine hundred	29759
dollars. An owner or operator of such facilities shall submit the	29760
forms for all such facilities owned or operated by him in this	29761
state to the commission at the same time together with the	29762
applicable fee under division (A)(4) of this section.	29763

As used in division (A)(4) of this section, "owner or	29764
operator" means the person who actually owns or operates any such	29765
facility and any other person who controls, is controlled by, or	29766
is under common control with the person who actually owns or	29767
operates the facility.	29768

(B) The emergency response commission and the local	29769
emergency planning committee of an emergency planning district may	29770
establish fees to be paid by persons, other than public officers	29771
or employees, obtaining copies of documents or information	29772
submitted to the commission or a committee under this chapter. The	29773
fees shall be established at a level calculated to defray the	29774
costs to the commission or committee for copying the documents or	29775
information, but shall not exceed the maximum fees established in	29776
rules adopted under division (B)(8) of section 3750.02 of the	29777
Revised Code.	29778

(C) Except as provided in this division and division (B) of	29779
this section, and except for fees authorized by section 3737.22 of	29780
the Revised Code or rules adopted under sections 3737.82 to	29781
3737.882 of the Revised Code and collected exclusively for either	29782
of those purposes, no committee or political subdivision shall	29783
levy any fee, tax, excise, or other charge to carry out the	29784
purposes of this chapter. A committee may charge the actual costs	29785
involved in accessing any computerized data base established by	29786
the commission under this chapter or by the United States	29787
environmental protection agency under the "Emergency Planning and	29788
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.	29789
11001.	29790

(D) Moneys collected by the commission under this section	29791
shall be credited to the emergency planning and community	29792
right-to-know fund created in section 3750.14 of the Revised Code.	29793

Sec. 3769.08.  (A) Any person holding a permit to conduct a	29794
horse-racing meeting may provide a place in the race meeting	29795
grounds or enclosure at which the permit holder may conduct and	29796
supervise the pari-mutuel system of wagering by patrons of legal	29797
age on the live racing programs and simulcast racing programs	29798
conducted by such the permit holder.	29799

Such The pari-mutuel method of wagering upon the live racing	29800
programs and simulcast racing programs held at or conducted within	29801
such race track, and at the time of such horse-racing meeting, or	29802
at other times authorized by the state racing commission, shall	29803
not be unlawful. No other place, except that provided and	29804
designated by the permit holder and except as provided in section	29805
3769.26 of the Revised Code, nor any other method or system of	29806
betting or wagering, except the pari-mutuel system, shall be used	29807
or permitted by the permit holder; nor, except as provided in	29808
section 3769.089 or 3769.26 of the Revised Code, shall the	29809
pari-mutuel system of wagering be conducted by the permit holder	29810
on any races except the races at the race track, grounds, or	29811
enclosure for which the person holds a permit. Each permit holder	29812
may retain as a commission an amount not to exceed eighteen per	29813
cent of the total of all moneys wagered.	29814

The pari-mutuel wagering authorized by this section is	29815
subject to sections 3769.25 to 3769.27 3769.28 of the Revised	29816
Code.	29817

(B) At the close of each racing day, each permit holder	29818
authorized to conduct thoroughbred racing, out of the amount	29819
retained on that day by the permit holder, shall pay by check,	29820
draft, or money order to the tax commissioner, as a tax, a sum	29821
equal to the following percentages of the total of all moneys	29822
wagered on live racing programs on that day and shall separately	29823
compute and pay by check, draft, or money order to the tax	29824
commissioner, as a tax, a sum equal to the following percentages	29825
of the total of all money wagered on simulcast racing programs on	29826
that day:	29827

(1) One per cent of the first two hundred thousand dollars	29828
wagered, or any part thereof of that amount;	29829

(2) Two per cent of the next one hundred thousand dollars	29830
wagered, or any part thereof of that amount;	29831

(3) Three per cent of the next one hundred thousand dollars	29832
wagered, or any part thereof of that amount;	29833

(4) Four per cent of all sums over four hundred thousand	29834
dollars wagered.	29835

Except as otherwise provided in section 3769.089 of the	29836
Revised Code, each permit holder authorized to conduct	29837
thoroughbred racing shall use for purse money a sum equal to fifty	29838
per cent of the pari-mutuel revenues retained by the permit holder	29839
as a commission after payment of the state tax. This fifty per	29840
cent payment shall be in addition to the purse distribution from	29841
breakage specified in this section.	29842

Subject to division (M) of this section, from the moneys paid	29843
to the tax commissioner by thoroughbred-racing thoroughbred racing	29844
permit holders, one-half of one per cent of the total of all	29845
moneys so wagered on a racing day shall be paid into the Ohio	29846
fairs fund created by section 3769.082 of the Revised Code, one	29847
and one-eighth per cent of the total of all moneys so wagered on a	29848
racing day shall be paid into the Ohio thoroughbred race fund	29849
created by section 3769.083 of the Revised Code, and one-quarter	29850
of one per cent of the total of all moneys wagered on a racing day	29851
by each permit holder shall be paid into the state racing	29852
commission operating fund created by section 3769.03 of the	29853
Revised Code. The required payment to the state racing commission	29854
operating fund does not apply to county and independent fairs and	29855
agricultural societies. The remaining moneys may be retained by	29856
the permit holder, except as provided in this section with respect	29857
to the odd cents redistribution. Amounts paid into the PASSPORT	29858
fund shall be used solely for the support of the PASSPORT program	29859
as determined in appropriations made by the general assembly. If	29860
the PASSPORT program is abolished, the amount that would have been	29861
paid to the PASSPORT fund under this chapter shall be paid to the	29862
general revenue fund of the state. As used in this chapter,	29863
"PASSPORT program" means the PASSPORT program created under	29864
section 173.40 of the Revised Code.	29865

During calendar year 1994, the The total amount paid to the	29866
Ohio thoroughbred race fund under this section and section	29867
3769.087 of the Revised Code shall not exceed by more than six per	29868
cent the total amount paid to this fund under this section and	29869
that section during calendar year 1990. During each calendar year	29870
after calendar year 1994, the total amount paid to this fund under	29871
this section and that section shall not exceed by more than six	29872
per cent the total amount paid to this fund under this section and	29873
that section during the immediately preceding calendar year.	29874

Each year, the total amount calculated for payment into the	29875
Ohio fairs fund under this division, division (C) of this section,	29876
and section 3769.087 of the Revised Code shall be an amount	29877
calculated using the percentages specified in this division,	29878
division (C) of this section, and section 3769.087 of the Revised	29879
Code. Until January 1, 1996, the total amount actually paid into	29880
the Ohio fairs fund under this division, division (C) of this	29881
section, and section 3769.087 of the Revised Code during each	29882
calendar year shall not exceed the total amount that was actually	29883
paid into that fund under this division, division (C) of this	29884
section, and section 3769.087 of the Revised Code during calendar	29885
year 1990, plus five hundred thousand dollars. Beginning on	29886
January 1, 1996, and continuing through December 31, 1998, the	29887
total amount actually paid into the Ohio fairs fund during each	29888
calendar year under this division, division (C) of this section,	29889
and section 3769.087 of the Revised Code shall not exceed by more	29890
than five per cent an amount equal to the total amount actually	29891
paid into the Ohio fairs fund during the immediately preceding	29892
calendar year.	29893

A permit holder may contract with a thoroughbred horsemen's	29894
organization for the organization to act as a representative of	29895
all thoroughbred owners and trainers participating in a	29896
horse-racing meeting conducted by the permit holder. A	29897
"thoroughbred horsemen's organization" is any corporation or	29898
association that represents, through membership or otherwise, more	29899
than one-half of the aggregate of all thoroughbred owners and	29900
trainers who were licensed and actively participated in racing	29901
within this state during the preceding calendar year. Except as	29902
otherwise provided in this paragraph, any moneys received by a	29903
thoroughbred horsemen's organization shall be used exclusively for	29904
the benefit of thoroughbred owners and trainers racing in this	29905
state through the administrative purposes of the organization,	29906
benevolent activities on behalf of the horsemen, promotion of the	29907
horsemen's rights and interests, and promotion of equine research.	29908
A thoroughbred horsemen's organization may expend not more than an	29909
aggregate of five per cent of its annual gross receipts, or a	29910
larger amount as approved by the organization, for dues,	29911
assessments, and other payments to all other local, national, or	29912
international organizations having as their primary purposes the	29913
promotion of thoroughbred horse racing, thoroughbred horsemen's	29914
rights, and equine research.	29915

(C) Except as otherwise provided in division (B) of this	29916
section, at the close of each racing day, each permit holder	29917
authorized to conduct harness or quarter horse racing, out of the	29918
amount retained that day by the permit holder, shall pay by check,	29919
draft, or money order to the tax commissioner, as a tax, a sum	29920
equal to the following percentages of the total of all moneys	29921
wagered on live racing programs and shall separately compute and	29922
pay by check, draft, or money order to the tax commissioner, as a	29923
tax, a sum equal to the following percentages of the total of all	29924
money wagered on simulcast racing programs on that day:	29925

(1) One per cent of the first two hundred thousand dollars	29926
wagered, or any part thereof of that amount;	29927

(2) Two per cent of the next one hundred thousand dollars	29928
wagered, or any part thereof of that amount;	29929

(3) Three per cent of the next one hundred thousand dollars	29930
wagered, or any part thereof of that amount;	29931

(4) Four per cent of all sums over four hundred thousand	29932
dollars wagered.	29933

Except as otherwise provided in division (B) and subject to	29934
division (M) of this section, from the moneys paid to the tax	29935
commissioner by permit holders authorized to conduct harness or	29936
quarter horse racing, one-half of one per cent of all moneys	29937
wagered on that racing day shall be paid into the Ohio fairs fund;	29938
from the moneys paid to the tax commissioner by permit holders	29939
authorized to conduct harness racing, five-eighths of one per cent	29940
of all moneys wagered on that racing day shall be paid into the	29941
Ohio standardbred development fund; and from the moneys paid to	29942
the tax commissioner by permit holders authorized to conduct	29943
quarter horse racing, five-eighths of one per cent of all moneys	29944
wagered on that racing day shall be paid into the Ohio quarter	29945
horse development fund.	29946

(D) In addition, subject to division (M) of this section,	29947
beginning on January 1, 1996, from the money paid to the tax	29948
commissioner as a tax under this section and section 3769.087 of	29949
the Revised Code by harness horse permit holders, one-half of one	29950
per cent of the amount wagered on a racing day shall be paid into	29951
the Ohio standardbred development fund. Beginning January 1,	29952
1998, the payment to the Ohio standardbred development fund	29953
required under this division (D) of this section does not apply to	29954
county agricultural societies or independent agricultural	29955
societies.	29956

During calendar year 1994, the The total amount paid to the	29957
Ohio standardbred development fund under this division, division	29958
(C) of this section, and section 3769.087 of the Revised Code and	29959
the total amount paid to the Ohio quarter horse development fund	29960
under this division and that section shall not exceed by more than	29961
six per cent the total amount paid to each of these funds under	29962
this division and that section during calendar year 1990. During	29963
each calendar year after calendar year 1994, the total amount paid	29964
to each of these funds shall not exceed by more than six per cent	29965
the total amount paid into the fund under this division, division	29966
(C) of this section, and section 3769.087 of the Revised Code in	29967
the immediately preceding calendar year.	29968

(E) Subject to division (M) of this section, from the money	29969
paid as a tax under this chapter by harness and quarter horse	29970
permit holders, one-quarter of one per cent of the total of all	29971
moneys wagered on a racing day by each permit holder shall be paid	29972
into the state racing commission operating fund created by section	29973
3769.03 of the Revised Code. This division does not apply to	29974
county and independent fairs and agricultural societies.	29975

(F) Except as otherwise provided in section 3769.089 of the	29976
Revised Code, each permit holder authorized to conduct harness	29977
racing shall pat pay to the harness horsemen's purse pool a sum	29978
equal to fifty per cent of the pari-mutuel revenues retained by	29979
the permit holder as a commission after payment of the state tax.	29980
This fifty per cent payment is to be in addition to the purse	29981
distribution from breakage specified in this section.	29982

(G) In addition, each permit holder authorized to conduct	29983
harness racing shall be allowed to retain the odd cents of all	29984
redistribution to be made on all mutual contributions exceeding a	29985
sum equal to the next lowest multiple of ten.	29986

Forty per cent of that portion of that total sum of such odd	29987
cents shall be used by the permit holder for purse money for Ohio	29988
sired, bred, and owned colts, for purse money for Ohio bred	29989
horses, and for increased purse money for horse races. Upon the	29990
formation of the corporation described in section 3769.21 of the	29991
Revised Code to establish a harness horsemen's health and	29992
retirement fund, twenty-five per cent of that portion of that	29993
total sum of odd cents shall be paid at the close of each racing	29994
day by the permit holder to such that corporation to establish and	29995
fund the health and retirement fund. Until such that corporation	29996
is formed, such that twenty-five per cent shall be paid at the	29997
close of each racing day by the permit holder to the tax	29998
commissioner or the tax commissioner's agent in the county seat of	29999
the county in which the permit holder operates race meetings. The	30000
remaining thirty-five per cent of that portion of that total sum	30001
of odd cents shall be retained by the permit holder.	30002

(H) In addition, each permit holder authorized to conduct	30003
thoroughbred racing shall be allowed to retain the odd cents of	30004
all redistribution to be made on all mutuel contributions	30005
exceeding a sum equal to the next lowest multiple of ten. Twenty	30006
per cent of that portion of that total sum of such odd cents shall	30007
be used by the permit holder for increased purse money for horse	30008
races. Upon the formation of the corporation described in section	30009
3769.21 of the Revised Code to establish a thoroughbred horsemen's	30010
health and retirement fund, forty-five per cent of that portion of	30011
that total sum of odd cents shall be paid at the close of each	30012
racing day by the permit holder to such that corporation to	30013
establish and fund the health and retirement fund. Until such	30014
that corporation is formed, such that forty-five per cent shall be	30015
paid by the permit holder to the tax commissioner or the tax	30016
commissioner's agent in the county seat of the county in which the	30017
permit holder operates race meetings, at the close of each racing	30018
day. The remaining thirty-five per cent of that portion of that	30019
total sum of odd cents shall be retained by the permit holder.	30020

(I) In addition, each permit holder authorized to conduct	30021
quarter horse racing shall be allowed to retain the odd cents of	30022
all redistribution to be made on all mutuel contributions	30023
exceeding a sum equal to the next lowest multiple of ten, subject	30024
to a tax of twenty-five per cent on that portion of the total sum	30025
of such odd cents that is in excess of two thousand dollars during	30026
a calendar year, which tax shall be paid at the close of each	30027
racing day by the permit holder to the tax commissioner or the tax	30028
commissioner's agent in the county seat of the county within which	30029
the permit holder operates race meetings. Forty per cent of that	30030
portion of that total sum of such odd cents shall be used by the	30031
permit holder for increased purse money for horse races. The	30032
remaining thirty-five per cent of that portion of that total sum	30033
of odd cents shall be retained by the permit holder.	30034

(J)(1) To encourage the improvement of racing facilities for	30035
the benefit of the public, breeders, and horse owners, and to	30036
increase the revenue to the state from the increase in pari-mutuel	30037
wagering resulting from such those improvements, the taxes paid by	30038
a permit holder to the state as provided for in this chapter shall	30039
be reduced by three-fourths of one per cent of the total amount	30040
wagered for those permit holders who make capital improvements to	30041
existing race tracks or construct new race tracks. The percentage	30042
of the reduction that may be taken each racing day shall equal	30043
seventy-five per cent of the tax levied under divisions (B) and	30044
(C) of this section and section 3769.087 of the Revised Code, and	30045
division (F)(2) of section 3769.26 of the Revised Code, as	30046
applicable, divided by the calculated amount each fund should	30047
receive under divisions (B) and (C) of this section and section	30048
3769.087 of the Revised Code, and division (F)(2) of section	30049
3769.26 of the Revised Code and the reduction provided for in this	30050
division. If the resulting percentage is less than one, that	30051
percentage shall be multiplied by the amount of the reduction	30052
provided for in this division. Otherwise, the permit holder shall	30053
receive the full reduction provided for in this division. The	30054
amount of the allowable reduction not received shall be carried	30055
forward and applied against future tax liability. After any	30056
reductions expire, any reduction carried forward shall be treated	30057
as a reduction as provided for in this division. If	30058

If more than one permit holder is authorized to conduct	30059
racing at the facility that is being built or improved, the cost	30060
of the new race track or capital improvement shall be allocated	30061
between or among all the permit holders in the ratio that the	30062
permit holders' number of racing days bears to the total number of	30063
racing days conducted at the facility. Such	30064

A reduction for a new race track or a capital improvement	30065
shall start from the day racing is first conducted following the	30066
date actual construction of the new race track or each capital	30067
improvement is completed and the construction cost has been	30068
certified approved by the racing commission, unless otherwise	30069
provided in this section. Such A reduction for a new race track or	30070
a capital improvement shall continue for a period of twenty-five	30071
years for new race tracks and for fifteen years for new capital	30072
improvements if the construction of the capital improvement or new	30073
race track commenced prior to March 29, 1988, and for a period of	30074
ten years for new race tracks or new capital improvements if the	30075
construction of the capital improvement or new race track	30076
commenced on or after March 29, 1988, but before the effective	30077
date of this amendment, or until the total tax reduction reaches	30078
seventy per cent of the approved cost of the new race track or new	30079
capital improvement, as allocated to each permit holder, whichever	30080
occurs first. The tax A reduction for a new race track or a	30081
capital improvement approved after the effective date of this	30082
amendment shall continue until the total tax reduction reaches one	30083
hundred per cent of the approved cost of the new race track or	30084
capital improvement, as allocated to each permit holder.	30085

A reduction granted for any a new race track or a capital	30086
improvement, the application for which was approved by the racing	30087
commission after March 29, 1988, but before the effective date of	30088
this amendment, shall not commence nor shall the ten-year period	30089
begin to run until all prior tax reductions with respect to the	30090
same race track have ended. The total tax reduction because of	30091
capital improvements shall not during any one year exceed for all	30092
permit holders using any one track three-fourths of one per cent	30093
of the total amount wagered, regardless of the number of capital	30094
improvements made. Several capital improvements to a race track	30095
may be consolidated in an application if the racing commission	30096
approved the application prior to March 29, 1988. No permit	30097
holder may receive a tax reduction for a capital improvement	30098
approved by the racing commission on or after March 29, 1988, at a	30099
race track until all tax reductions have ended for all prior	30100
capital improvements approved by the racing commission under this	30101
section or section 3769.20 of the Revised Code at that race track.	30102
If there are two or more permit holders operating meetings at the	30103
same track, they may consolidate their applications. The racing	30104
commission shall notify the tax commissioner when the diminution	30105
reduction of tax begins and when it ends. Each	30106

Each fiscal year the racing commission shall submit a report	30107
to the tax commissioner, the office of budget and management, and	30108
the legislative budget office of the legislative service	30109
commission. The report shall identify each capital improvement	30110
project undertaken under this division and in progress at each	30111
race track, indicate the total cost of each such project, state	30112
the tax reduction that resulted from each such project during the	30113
immediately preceding fiscal year, estimate the tax reduction that	30114
will result from each such project during the current fiscal year,	30115
state the total tax reduction that resulted from all such projects	30116
at all race tracks during the immediately preceding fiscal year,	30117
and estimate the total tax reduction that will result from all	30118
such projects at all race tracks during the current fiscal year.	30119

(2) In order to qualify for the reduction in tax, a permit	30120
holder shall apply to the racing commission in such form as the	30121
commission may require and shall provide full details of the new	30122
racing race track or capital improvement, including a schedule for	30123
its construction and completion, and set forth the costs and	30124
expenses incurred in connection therewith with it. The racing	30125
commission shall not approve an application unless the permit	30126
holder shows that a contract for the new race track or capital	30127
improvement has been let under an unrestricted competitive bidding	30128
procedure, unless the contract is exempted by the controlling	30129
board because of its unusual nature. In determining whether to	30130
approve an application, the racing commission shall consider	30131
whether the new race track or capital improvement will promote the	30132
safety, convenience, and comfort of the racing public and horse	30133
owners and generally tend towards the improvement of racing in	30134
this state.	30135

(3) If a new race track or capital improvement is approved	30136
by the racing commission and construction has started, the tax	30137
adjustment reduction may be authorized by the commission upon	30138
presentation of copies of paid bills in excess of one hundred	30139
thousand dollars or ten per cent of the approved cost, whichever	30140
is greater. After the initial authorization, the permit holder	30141
shall present copies of paid bills. If the permit holder is in	30142
substantial compliance with the schedule for construction and	30143
completion of the new race track or capital improvement, the	30144
racing commission may authorize the continuation of the tax	30145
adjustment reduction upon the presentation of such the additional	30146
paid bills. The total amount of the tax adjustment reduction	30147
authorized shall not exceed seventy per cent the percentage of the	30148
approved cost of the new race track or capital improvement	30149
specified in division (J)(1) of this section. The racing	30150
commission may terminate any tax adjustment reduction immediately	30151
if a permit holder fails to complete the new race track or capital	30152
improvement, or to substantially comply with the schedule for	30153
construction and completion of the new race track or capital	30154
improvement. If a permit holder fails to complete a new race	30155
track or capital improvement, the racing commission shall order	30156
the permit holder to repay to the state the total amount of tax	30157
reduced. The normal tax paid by the permit holder shall be	30158
increased by three-fourths of one per cent of the total amount	30159
wagered until the total amount of the additional tax collected	30160
equals the total amount of tax reduced.	30161

(4) As used in this section, "capital:

30162

(a) "Capital improvement" means an addition, replacement, or	30163
remodeling of a structural unit of a race track facility costing	30164
at least one hundred thousand dollars, including, but not limited	30165
to, the construction of barns used exclusively for such the race	30166
track facility, backstretch facilities for horsemen, paddock	30167
facilities, new pari-mutuel and totalizator equipment and	30168
appurtenances thereto to that equipment purchased by the track,	30169
new access roads, new parking areas, the complete reconstruction,	30170
reshaping, and leveling of the race track racing surface and	30171
appurtenances, the installation of permanent new heating or air	30172
conditioning, and roof replacement or restoration, installations	30173
of a permanent nature forming a part of the track structure, and	30174
construction of buildings that are located on a permit holder's	30175
premises. "Capital improvement" does not include the cost of	30176
replacement of equipment that is not permanently installed,	30177
ordinary repairs, painting, and maintenance required to keep a	30178
race track facility in ordinary operating condition. "New	30179

(b) "New race track" or "new racing track" includes the	30180
reconstruction of a race track damaged by fire or other cause that	30181
has been declared by the racing commission, as a result of the	30182
damage, to be an inadequate facility for the safe operation of	30183
horse racing.	30184

(c) "Approved cost" includes all debt service and interest	30185
costs that are associated with a capital improvement or new race	30186
track and that the racing commission approves for a tax reduction	30187
under division (J) of this section.	30188

(5) The racing commission shall not approve an application	30189
for a tax reduction under this section if it has reasonable cause	30190
to believe that the actions or negligence of the permit holder	30191
substantially contributed to the damage suffered by the track due	30192
to fire or other cause. The racing commission shall obtain any	30193
data or information available from a fire marshal, law enforcement	30194
official, or insurance company concerning any fire or other damage	30195
suffered by a track, prior to approving an application for a tax	30196
reduction.	30197

(6) The approved cost and expenses to which a tax reduction	30198
applies shall be determined by generally accepted accounting	30199
principles and verified by an audit of the permit holder's records	30200
upon completion of the project by the racing commission, or by an	30201
independent certified public accountant selected by the permit	30202
holder and approved by the commission.	30203

The tax reductions for capital improvements and new tracks	30204
provided for in this division apply only to tax reductions	30205
approved by the state racing commission prior to the effective	30206
date of this amendment.	30207

(K) No other license or excise tax or fee, except as	30208
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	30209
be assessed or collected from such licensee by any county,	30210
township, district, municipal corporation, or other body having	30211
power to assess or collect a tax or fee. That portion of the tax	30212
paid under this section by permit holders for racing conducted at	30213
and during the course of an agricultural exposition or fair, and	30214
that portion of the tax that would have been paid by eligible	30215
permit holders into the PASSPORT fund as a result of racing	30216
conducted at and during the course of an agricultural exposition	30217
or fair, shall be deposited into the state treasury to the credit	30218
of the horse racing tax fund, which is hereby created for the use	30219
of the agricultural societies of the several counties in which the	30220
taxes originate. The state racing commission shall determine	30221
eligible permit holders for purposes of the preceding sentence,	30222
taking into account the breed of horse, the racing dates, the	30223
geographic proximity to the fair, and the best interests of Ohio	30224
racing. On the first day of any month on which there is money in	30225
the fund, the director of budget and management tax commissioner	30226
shall provide for payment to the treasurer of each agricultural	30227
society the amount of the taxes collected under this section upon	30228
racing conducted at and during the course of any exposition or	30229
fair conducted by such the society.	30230

(L) From the tax paid under this section by harness track	30231
permit holders, the tax commissioner shall pay into the Ohio	30232
thoroughbred race fund a sum equal to a percentage of the amount	30233
wagered upon which such the tax is paid. The percentage shall be	30234
determined by the tax commissioner and shall be rounded to the	30235
nearest one-hundredth. The percentage shall be such that, when	30236
multiplied by the amount wagered upon which tax was paid by the	30237
harness track permit holders in the most recent year for which	30238
final figures are available, it results in a sum that	30239
substantially equals the same amount of tax paid by the tax	30240
commissioner during that year into the Ohio fairs fund from taxes	30241
paid by thoroughbred permit holders. This division does not apply	30242
to county and independent fairs and agricultural societies.	30243

(M) Twenty-five per cent of the taxes levied on	30244
thoroughbred-racing thoroughbred racing permit holders,	30245
harness-racing harness racing permit holders, and quarter horse	30246
racing permit holders under this section, section 3769.087 of the	30247
Revised Code, and division (F)(2) of section 3769.26 of the	30248
Revised Code shall be paid to into the PASSPORT fund. The tax	30249
commissioner shall pay any money remaining, after the payment to	30250
into the PASSPORT fund and the reductions provided for in division	30251
(J) of this section and in section 3769.20 of the Revised Code,	30252
into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio	30253
standardbred development fund, Ohio quarter horse fund, and state	30254
racing commission operating fund as prescribed in this section and	30255
section 3769.087 of the Revised Code; except that the state racing	30256
commission operating fund shall not receive more than two million	30257
five hundred thousand dollars in any calendar year. The tax	30258
commissioner shall thereafter use and apply the balance of the	30259
money paid as a tax by any permit holder to cover any shortage in	30260
the accounts of such funds resulting from an insufficient payment	30261
as a tax by any other permit holder. The moneys received by the	30262
tax commissioner shall be deposited weekly and paid by the tax	30263
commissioner into the funds to cover the total aggregate amount	30264
due from all permit holders to the funds, as calculated under this	30265
section and section 3769.087 of the Revised Code, as applicable.	30266
If, after the payment to into the PASSPORT fund, sufficient funds	30267
are not available from the tax deposited by the tax commissioner	30268
to pay the required amount amounts into the Ohio fairs fund, Ohio	30269
standardbred development fund, Ohio thoroughbred race fund, Ohio	30270
quarter horse fund, and the state racing commission operating	30271
fund, the tax commissioner shall prorate on a proportional basis	30272
the amount paid to each of the funds. Any shortage to the funds	30273
as a result of a proration shall be applied against future	30274
deposits for the same calendar year when funds are available.	30275
After this application, the tax commissioner shall pay any	30276
remaining money paid as a tax by all permit holders into the	30277
PASSPORT fund. If the Ohio fairs fund does not receive two million	30278
five hundred thousand dollars in calendar year 1997 or 1998, the	30279
tax commissioner shall pay into the Ohio fairs fund, on a prorated	30280
basis, money that would have been paid into the Ohio thoroughbred	30281
race fund, Ohio standardbred development fund, Ohio quarter horse	30282
development fund, and state racing commission operating fund and	30283
the portion that was retained by the tracks the previous calendar	30284
year as a reduction provided for in division (J) of this section	30285
and section 3769.20 of the Revised Code until the previous year's	30286
deficiency is met. Each track that has an existing reduction	30287
shall increase its reduction credit balance by the amount	30288
determined by the tax commissioner that is needed to meet its	30289
prorated portion of the Ohio fairs fund deficiency. The credit	30290
balance increase shall be paid to the tax commissioner as a tax.	30291
This division does not apply to permit holders conducting racing	30292
at the course of an agricultural exposition or fair as described	30293
in division (K) of this section.	30294

Sec. 3769.085.  There is hereby created in the state treasury	30295
the Ohio standardbred development fund, to consist of moneys paid	30296
into it pursuant to section 3769.08 of the Revised Code and any	30297
fees assessed for or on behalf of the Ohio sires stakes races. All	30298
investment earnings on the cash balance in the fund shall be	30299
credited to the fund. Moneys to the credit of the Ohio	30300
standardbred development fund shall be distributed on order of the	30301
state racing commission with the approval of the Ohio standardbred	30302
development commission.	30303

The development commission shall consist of three members,	30304
all to be residents of this state knowledgeable in breeding and	30305
racing, to be appointed by the governor with the advice and	30306
consent of the senate. One member shall be a standardbred	30307
breeder, and one shall be a standardbred owner. Of the initial	30308
appointments, one member shall be appointed for a term ending June	30309
30, 1977, and two members shall be appointed for terms ending June	30310
30, 1979. Thereafter, appointments for other than unexpired terms	30311
shall be for four years. Terms shall begin the first day of July	30312
and end the thirtieth day of June. Any member appointed to fill a	30313
vacancy occurring prior to the expiration of the term for which	30314
the member's predecessor was appointed shall hold office for the	30315
remainder of such that term. Any member shall continue in office	30316
subsequent to the expiration date of the member's term until a	30317
successor takes office. Members shall receive no compensation,	30318
except they shall be paid actual and necessary expenses from the	30319
Ohio standardbred development fund. The state racing commission	30320
shall also be reimbursed for actual expense approved by the	30321
development commission. The development commission may elect one	30322
member to serve as secretary.	30323

Upon application not later than the first day of December	30324
from the harness tracks conducting races with pari-mutuel	30325
wagering, other than agricultural expositions and fairs, the	30326
development commission shall, after a hearing and not later than	30327
the twentieth day of January, allocate and approve all available	30328
moneys for colt races for two-year-old and three-year-old colts	30329
and fillies, both trotting and pacing. Separate races for fillies	30330
shall be provided at each age and gait. At least five races and a	30331
championship race shall be scheduled for each of the eight	30332
categories of age, sex, and gait. The allocations shall take into	30333
account the time of year that racing colts is feasible, the equity	30334
and continuity of the proposed dates for racing the events, and	30335
the amounts to be added by the tracks, looking to the maximum	30336
benefit for those participating in the races. Representatives of	30337
the tracks and the Ohio harness horsemens association shall be	30338
given an opportunity to be heard before the allocations are made.	30339
No races shall be contested earlier than the first day of May or	30340
later than the first day of November; all permit holders operating	30341
extended pari-mutuel meetings between such those dates shall be	30342
entitled to at least three races. No funds for a race shall be	30343
allocated to and paid to a permit holder by the development	30344
commission unless the permit holder adds at least twenty-five per	30345
cent to the amount allocated by the development commission, and	30346
not less than five thousand dollars to each race.	30347

Colts and fillies eligible to the races shall be only those	30348
sired by a standardbred stallion that was registered with the	30349
state racing commission and stood in Ohio the state the entire	30350
breeding season of the year the colt or filly was conceived and	30351
fillies foaled before November 1, 1979, that are not so qualified	30352
but wholly owned by a resident or residents of Ohio the state on	30353
the first day of January of the year that such filly would be	30354
eligible to race as a two-year-old and also wholly owned by a	30355
resident or residents of Ohio the state on the date the race is	30356
contested.	30357

If the development commission concludes that sufficient funds	30358
are available to add aged races without reducing purse levels of	30359
the colt and filly races, the development commission may allocate	30360
funds to four-year-old and five-year-old races of each sex and	30361
gait with Ohio eligibility required as set forth in this section.	30362

The state racing commission may allocate an amount not to	30363
exceed five per cent of the total Ohio standardbred development	30364
fund available in any one calendar year to research projects	30365
directed toward improving the breeding, raising, racing, and	30366
health and soundness of horses in the state and toward education	30367
or promotion of the industry.	30368

Sec. 3769.087.  (A) In addition to the commission of	30369
eighteen per cent retained by each permit holder as provided in	30370
section 3769.08 of the Revised Code, each permit holder shall	30371
retain an additional amount equal to four per cent of the total of	30372
all moneys wagered on each racing day on all wagering pools other	30373
than win, place, and show, of which amount retained an amount	30374
equal to three per cent of the total of all moneys wagered on each	30375
racing day on such those pools shall be paid by check, draft, or	30376
money order to the tax commissioner, as a tax. Subject to the	30377
restrictions contained in divisions (B), (C), and (M) of section	30378
3769.08 of the Revised Code, from such additional moneys paid to	30379
the tax commissioner:	30380

(1) Four-sixths shall be PASSPORT allocated to fund	30381
distribution as provided in division (M) of section 3769.08 of the	30382
Revised Code;.	30383

(2) One-twelfth shall be paid into the Ohio fairs fund	30384
created by section 3769.082 of the Revised Code;.	30385

(3) One-twelfth of the additional moneys paid to the tax	30386
commissioner by thoroughbred racing permit holders shall be paid	30387
into the Ohio thoroughbred race fund created by section 3769.083	30388
of the Revised Code;.	30389

(4) One-twelfth of the additional moneys paid to the tax	30390
commissioner by harness horse racing permit holders shall be paid	30391
to the Ohio standardbred development fund created by section	30392
3769.085 of the Revised Code;.	30393

(5) One-twelfth of the additional moneys paid to the tax	30394
commissioner by quarter horse racing permit holders shall be paid	30395
to the Ohio quarter horse development fund created by section	30396
3769.086 of the Revised Code;.	30397

(6) One-sixth shall be paid into the state racing commission	30398
operating fund created by section 3769.03 of the Revised Code.	30399

The remaining one per cent that is retained of the total of	30400
all moneys wagered on each racing day on all pools other than win,	30401
place, and show, shall be retained by racing permit holders, and,	30402
except as otherwise provided in section 3769.089 of the Revised	30403
Code, racing permit holders shall use one-half for purse money and	30404
retain one-half.	30405

(B) In addition to the commission of eighteen per cent	30406
retained by each permit holder as provided in section 3769.08 of	30407
the Revised Code and the additional amount retained by each permit	30408
holder as provided in division (A) of this section, each permit	30409
holder may shall retain, upon notification to the state racing	30410
commission, an additional amount equal to not less than two	30411
one-half of one per cent but not more than three per cent of the	30412
total of all moneys wagered on each racing day on all wagering	30413
pools designated by the permit holder that require three or more	30414
runner selections to complete the wager. If a permit holder	30415
retains an additional amount under this division that equals or	30416
exceeds two per cent of the total of all moneys wagered on a	30417
racing day on the wagering pools designated under this division,	30418
the permit holder shall pay by check, draft, or money order to the	30419
tax commissioner, as a tax, an amount equal to two per cent of the	30420
total of all moneys wagered on that racing day on those designated	30421
wagering pools. The tax commissioner shall deposit the amount of	30422
the tax received under this division in the PASSPORT fund. Any	30423
amount that is retained but not paid under this division to the	30424
tax commissioner as a tax other than win, place, and show. From	30425
the additional amount retained under this division, each permit	30426
holder shall retain an amount equal to one-quarter of one per cent	30427
of the total of all moneys wagered on each racing day on all pools	30428
other than win, place, and show and shall pay that amount by	30429
check, draft, or money order to the tax commissioner, as a tax.	30430
The tax commissioner shall pay the amount of the tax received	30431
under this division to the state racing commission operating fund	30432
created by section 3769.03 of the Revised Code.	30433

The remaining one-quarter of one per cent that is retained	30434
from the total of all moneys wagered on each racing day on all	30435
pools other than win, place, and show shall be retained by the	30436
permit holder, and the permit holder shall use one-half for purse	30437
money and retain one-half.	30438

Sec. 3769.20.  (A) To encourage the renovation of existing	30439
racing facilities for the benefit of the public, breeders, and	30440
horse owners and to increase the revenue to the state from the	30441
increase in pari-mutuel wagering resulting from such improvement,	30442
the taxes paid by a permit holder to the state, in excess of the	30443
amount paid to into the PASSPORT fund, shall be reduced by one per	30444
cent of the total amount wagered for those permit holders who	30445
carry out a major capital improvement project. The percentage of	30446
the reduction that may be taken each racing day shall equal	30447
seventy-five per cent of the amount of the tax levied under	30448
divisions (B) and (C) of section 3769.08, section 3769.087, and	30449
division (F)(2) of section 3769.26 of the Revised Code, as	30450
applicable, divided by the calculated amount each fund should	30451
receive under divisions (B) and (C) of section 3769.08, section	30452
3769.087, and division (F)(2) of section 3769.26 of the Revised	30453
Code and the reduction provided for in this section. If the	30454
resulting percentage is less than one, that percentage shall be	30455
multiplied by the amount of the reduction provided for in this	30456
section. Otherwise, the permit holder shall receive the full	30457
reduction provided for in this section. The amount of the	30458
allowable reduction not received shall be carried forward and	30459
added to any other reduction balance and applied against future	30460
tax liability. After any reductions expire, any reduction carried	30461
forward shall be treated as a reduction as provided for in this	30462
section. If the amount of allowable abatement reduction exceeds	30463
the amount of taxes derived from a permit holder, the amount of	30464
the allowable abatement reduction not used may be carried forward	30465
and applied against future tax liability. If	30466

If more than one permit holder is authorized to conduct	30467
racing at the facility that is being improved, the cost of the	30468
major capital improvement project shall be allocated between or	30469
among all the permit holders in the ratio that each permit	30470
holder's number of racing days bears to the total number of racing	30471
days conducted at the facility. Such	30472

A reduction for a major capital improvement project shall	30473
start from the day racing is first conducted following the date on	30474
which the major capital improvement project is completed and the	30475
construction cost has been certified approved by the state racing	30476
commission, except as otherwise provided in division (E) of this	30477
section, and shall continue until the total tax reduction equals	30478
the cost of the major capital improvement project plus debt	30479
service applicable to the project. In no event, however, shall	30480
any tax reduction, excluding any reduction balances, be permitted	30481
under this section after December 31, 2014. The total tax	30482
reduction because of the major capital improvement project shall	30483
not during any one year exceed for all permit holders using any	30484
one track, one per cent of the total amount wagered. The racing	30485
commission shall notify the tax commissioner when the diminution	30486
reduction of tax begins and when it ends.	30487

(B) Each fiscal year, the racing commission shall submit a	30488
report to the tax commissioner, the office of budget and	30489
management, and the legislative budget office of the legislative	30490
service commission. The report shall identify each capital	30491
improvement project undertaken under this section and in progress	30492
at each race track, indicate the total cost of each such project,	30493
state the tax reduction that resulted from each such project	30494
during the immediately preceding fiscal year, estimate the tax	30495
reduction that will result from each such project during the	30496
current fiscal year, state the total tax reduction that resulted	30497
from all such projects at all race tracks during the immediately	30498
preceding fiscal year, and estimate the total tax reduction that	30499
will result from all such projects at all race tracks during the	30500
current fiscal year.	30501

(C) The tax reduction granted pursuant to this section shall	30502
be in addition to any tax reductions for capital improvements and	30503
new race tracks provided for in section 3769.08 of the Revised	30504
Code and approved by the racing commission prior to March 29,	30505
1988.	30506

(D) In order to qualify for the reduction in tax, a permit	30507
holder shall apply to the racing commission in such form as the	30508
commission may require and shall provide full details of the major	30509
capital improvement project, including plans and specifications, a	30510
schedule for the project's construction and completion, and a	30511
breakdown of proposed costs. In addition, the permit holder shall	30512
have commenced construction of the major capital improvement	30513
project or shall have had the application for the project approved	30514
by the racing commission prior to March 29, 1988. The racing	30515
commission shall not approve an application unless the permit	30516
holder shows that a contract for the major capital improvement	30517
project has been let under an unrestricted competitive bidding	30518
procedure, unless the contract is exempted by the controlling	30519
board because of its unusual nature. In determining whether to	30520
approve an application, the racing commission shall consider	30521
whether the major capital improvement project will promote the	30522
safety, convenience, and comfort of the racing public and horse	30523
owners and generally tend toward the improvement of racing in this	30524
state.	30525

(E) If the major capital improvement project is approved by	30526
the racing commission and construction has started, the tax	30527
adjustment reduction may be authorized by the commission upon	30528
presentation of copies of paid bills in excess of five hundred	30529
thousand dollars. After the initial authorization, the permit	30530
holder shall present copies of paid bills in the amount of not	30531
less than five hundred thousand dollars. If the permit holder is	30532
in substantial compliance with the schedule for construction and	30533
completion of the major capital improvement project, the racing	30534
commission may authorize the continuance of the tax adjustment	30535
reduction upon the presentation of such the additional paid bills	30536
in increments of five hundred thousand dollars. The racing	30537
commission may terminate the tax adjustment reduction if a permit	30538
holder fails to complete the major capital improvement project or	30539
fails to comply substantially with the schedule for construction	30540
and completion of the major capital improvement project. If the	30541
time for completion of the major capital improvement project is	30542
delayed by acts of God, strikes, or the unavailability of labor or	30543
materials, the time for completion as set forth in the schedule	30544
shall be extended by the period of the delay. If a permit holder	30545
fails to complete the major capital improvement project, the	30546
racing commission shall order the permit holder to repay to the	30547
state the total amount of tax reduced, unless the permit holder	30548
has spent at least six million dollars on the project. The normal	30549
tax paid by the permit holder under section 3769.08 of the Revised	30550
Code shall be increased by one per cent of the total amount	30551
wagered until the total amount of the additional tax collected	30552
equals the total amount of tax reduced. Any action taken by the	30553
racing commission pursuant to this section in terminating the tax	30554
adjustment or requiring repayment of the amount of tax reduced	30555
shall be subject to Chapter 119. of the Revised Code.	30556

(F) As used in this section, "major capital improvement	30557
project" means the renovation, reconstruction, or remodeling,	30558
costing at least six million dollars, of a race track facility,	30559
including, but not limited to, the construction of barns used	30560
exclusively for that race track facility, backstretch facilities	30561
for horsemen, paddock facilities, pari-mutuel and totalizator	30562
equipment and appurtenances to that equipment purchased by the	30563
track, new access roads, new parking areas, the complete	30564
reconstruction, reshaping, and leveling of the race track racing	30565
surface and appurtenances, grandstand enclosure, installation of	30566
permanent new heating or air conditioning, roof replacement, and	30567
installations of a permanent nature forming a part of the track	30568
structure.	30569

(G) The cost and expenses to which the tax reduction granted	30570
under this section applies shall be determined by generally	30571
accepted accounting principles and be verified by an audit of the	30572
permit holder's records, upon completion of the major capital	30573
improvement project, either by the racing commission or by an	30574
independent certified public accountant selected by the permit	30575
holder and approved by the commission.	30576

(H) This section and section 3769.201 of the Revised Code	30577
govern any tax reduction granted to a permit holder for the cost	30578
to the permit holder of any cleanup, repair, or improvement	30579
required as a result of damage caused by the 1997 Ohio river flood	30580
to the place, track, or enclosure for which the permit is issued.	30581

Sec. 3770.06.  (A) There is hereby created the state lottery	30582
gross revenue fund, which shall be in the custody of the treasurer	30583
of state but shall not be part of the state treasury. All gross	30584
revenues received from sales of lottery tickets, fines, fees, and	30585
related proceeds shall be deposited into the fund. The treasurer	30586
of state shall invest any portion of the fund not needed for	30587
immediate use in the same manner as, and subject to all provisions	30588
of law with respect to the investment of, state funds. The	30589
treasurer of state shall disburse money from the fund on order of	30590
the director of the state lottery commission or the director's	30591
designee. All revenues of the state lottery gross revenue fund	30592
that are not paid to holders of winning lottery tickets, that are	30593
not required to meet short-term prize liabilities, that are not	30594
paid to lottery sales agents in the form of agent bonuses,	30595
commissions, or reimbursements, and that are not paid to financial	30596
institutions to reimburse such those institutions for sales agent	30597
nonsufficient funds shall be transferred to the state lottery	30598
fund, which is hereby created in the state treasury. All	30599
investment earnings of the fund shall be credited to the fund.	30600
Moneys shall be disbursed from the state lottery fund pursuant to	30601
vouchers approved by the director of the state lottery commission.	30602
Total disbursements for monetary prize awards to holders of	30603
winning lottery tickets and purchases of goods and services	30604
awarded as prizes to holders of winning lottery tickets shall be	30605
of an amount equal to at least fifty per cent of the total revenue	30606
accruing from the sale of lottery tickets.	30607

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	30608
there is hereby established in the state treasury the lottery	30609
profits education fund. Whenever, in the judgment of the director	30610
of budget and management, the amount to the credit of the state	30611
lottery fund is in excess of that needed to meet the maturing	30612
obligations of the commission and as working capital for its	30613
further operations, the director shall transfer the excess to the	30614
lottery profits education fund, provided that the amount to be	30615
transferred into the lottery profits education fund shall equal no	30616
less than thirty per cent of the total revenue accruing from the	30617
sale of lottery tickets. Investment earnings of the lottery	30618
profits education fund shall be credited to the fund. There shall	30619
also be credited to the fund any repayments of moneys loaned from	30620
the educational excellence investment fund. The lottery profits	30621
education fund shall be used solely for the support of elementary,	30622
secondary, vocational, and special education programs as	30623
determined in appropriations made by the general assembly, or as	30624
provided in applicable bond proceedings for the payment of debt	30625
service on obligations issued to pay costs of capital facilities,	30626
including those for a system of common schools throughout the	30627
state pursuant to section 2n of Article VIII, Ohio Constitution.	30628
When determining the availability of money in the lottery profits	30629
education fund, the director of budget and management may consider	30630
all balances and estimated revenues of the fund.	30631

From the amounts that the director of budget and management	30632
transfers in any fiscal year from the state lottery fund to the	30633
lottery profits education fund, the director shall transfer the	30634
initial ten million dollars of such those amounts from the lottery	30635
profits education fund to the school building program bond service	30636
fund created in division (Q) of section 3318.26 of the Revised	30637
Code to be pledged for the purpose of paying bond service charges	30638
as defined in division (C) of section 3318.21 of the Revised Code	30639
on one or more issuances of obligations, which obligations are	30640
issued to provide moneys for the school building program	30641
assistance fund created in section 3318.25 of the Revised Code.	30642

(C) There is hereby established in the state treasury the	30643
deferred prizes trust fund. With the approval of the director of	30644
budget and management, an amount sufficient to fund annuity prizes	30645
shall be transferred from the state lottery fund and credited to	30646
the trust fund. The treasurer of state shall credit all earnings	30647
arising from investments purchased under this division to the	30648
fund. Within sixty days after the end of each fiscal year, the	30649
director of budget and management shall certify the amount of	30650
investment earnings necessary to have been credited to the trust	30651
fund during the fiscal year just ending to provide for continued	30652
funding of deferred prizes. Any earnings credited in excess of	30653
this certified amount shall be transferred to the lottery profits	30654
education fund. To provide all or a part of the amounts necessary	30655
to fund deferred prizes awarded by the commission, the treasurer	30656
of state, in consultation with the commission, may invest moneys	30657
contained in the deferred prizes trust fund in obligations of the	30658
type permitted for the investment of state funds but whose	30659
maturities are thirty years or less. Investments of the deferred	30660
prizes trust fund are not subject to the provisions of division	30661
(A)(10) of section 135.143 of the Revised Code limiting to five	30662
per cent the amount of the state's total average portfolio that	30663
may be invested in debt interests and limiting to one-half of one	30664
per cent the amount that may be invested in debt interests of a	30665
single issuer.	30666

All purchases made under this division shall be effected on a	30667
delivery versus payment method and shall be in the custody of the	30668
treasurer of state.	30669

The treasurer of state may retain an investment advisor, if	30670
necessary. The commission shall pay any costs incurred by the	30671
treasurer of state in retaining an investment advisor.	30672

(D) The auditor of state shall conduct annual audits of all	30673
funds and such any other audits as the auditor of state or the	30674
general assembly considers necessary. The auditor of state may	30675
examine all records, files, and other documents of the commission,	30676
and such records of lottery sales agents as that pertain to their	30677
activities as agents, for purposes of conducting authorized	30678
audits.	30679

The state lottery commission shall establish an internal	30680
audit program before the beginning of each fiscal year, subject to	30681
the approval of the auditor of state. At the end of each fiscal	30682
year, the commission shall prepare and submit an annual report to	30683
the auditor of state for the auditor of state's review and	30684
approval, specifying the internal audit work completed by the end	30685
of that fiscal year and reporting on compliance with the annual	30686
internal audit program. The form and content of the report shall	30687
be prescribed by the auditor of state under division (C) of	30688
section 117.20 of the Revised Code.	30689

(E) Whenever, in the judgment of the director of budget and	30690
management, an amount of net state lottery proceeds is necessary	30691
to be applied to the payment of debt service on obligations, all	30692
as defined in sections 151.01 and 151.03 of the Revised Code, the	30693
director shall transfer that amount directly from the state	30694
lottery fund or from the lottery profits education fund to the	30695
bond service fund defined in those sections. The provisions of	30696
this division (E) of this section are subject to any prior pledges	30697
or obligation of those amounts to the payment of bond service	30698
charges as defined in division (C) of section 3318.21 of the	30699
Revised Code, as referred to in division (B) of this section.	30700

Sec. 3773.56.  The Ohio athletic commission may appoint an	30701
executive director and employ such persons as are necessary to	30702
administer sections 3773.31 to 3773.57 and Chapter 4771. of the	30703
Revised Code and fix their compensation. Such executive director	30704
and employees shall serve in the unclassified status and at the	30705
pleasure of the commission.	30706

All receipts received by the commission under sections	30707
3773.31 to 3773.57 and Chapter 4771. of the Revised Code shall be	30708
deposited in the occupational licensing and regulatory fund. All	30709
vouchers of the commission shall be approved by the chairperson of	30710
the commission.	30711

Sec. 3793.04.  The department of alcohol and drug addiction	30712
services shall develop, administer, and revise as necessary a	30713
comprehensive statewide alcohol and drug addiction services plan	30714
for the implementation of this chapter. The plan shall emphasize	30715
abstinence from the use of alcohol and drugs of abuse as the	30716
primary goal of alcohol and drug addiction services. The council	30717
on alcohol and drug addiction services shall advise the department	30718
in the development and implementation of the plan.	30719

The plan shall provide for the allocation of state and	30720
federal funds for service furnished by alcohol and drug addiction	30721
programs under contract with boards of alcohol, drug addiction,	30722
and mental health services and for distribution of the funds to	30723
such boards. The plan shall specify the methodology that the	30724
department will use for determining how funds will be allocated	30725
and distributed. A portion of the funds shall be allocated on the	30726
basis of the ratio of the population of each alcohol, drug	30727
addiction, and mental health service district to the total	30728
population of the state as. The portion of the funds allocated on	30729
that basis for a fiscal year shall be not less than the average of	30730
the amount that was allocated on that basis the three previous	30731
fiscal years. The ratio shall be determined from the most recent	30732
federal census or the most recent official estimate made by the	30733
United States census bureau, whichever is more recent.	30734

The plan shall ensure that alcohol and drug addiction	30735
services of a high quality are accessible to, and responsive to	30736
the needs of, all persons, especially those who are members of	30737
underserved groups, including, but not limited to, African	30738
Americans, Hispanics, native Americans, Asians, juvenile and adult	30739
offenders, women, and persons with special services needs due to	30740
age or disability. The plan shall include a program to promote	30741
and protect the rights of those who receive services.	30742

To aid in formulating the plan and in evaluating the	30743
effectiveness and results of alcohol and drug addiction services,	30744
the department, in consultation with the department of mental	30745
health, shall establish and maintain an information system. The	30746
department of alcohol and drug addiction services shall specify	30747
the information that must be provided by boards of alcohol, drug	30748
addiction, and mental health services and by alcohol and drug	30749
addiction programs for inclusion in the system. The department	30750
shall not collect any information for the purpose of identifying	30751
by name any person who receives a service through a board, except	30752
as required by the state or federal law to validate appropriate	30753
reimbursement.	30754

In consultation with boards, programs, and persons receiving	30755
services, the department shall establish guidelines for the use of	30756
state and federal funds and for the boards' development of plans	30757
for services required by sections 340.033 and 3793.05 of the	30758
Revised Code.	30759

In any fiscal year, the department shall spend, or allocate	30760
to boards, for methadone maintenance programs or any similar	30761
programs not more than eight per cent of the total amount	30762
appropriated to the department for the fiscal year.	30763

Sec. 3902.23.  Beginning one hundred eighty days after rules	30764
adopted under section 3902.22 of the Revised Code take effect, no	30765
third-party payer shall fail to use the standard claim form and	30766
proof of loss prescribed in those rules, except as provided in	30767
section 3729.15 of the Revised Code.	30768

Sec. 3923.28.  (A) Every policy of group sickness and	30769
accident insurance providing hospital, surgical, or medical	30770
expense coverage for other than specific diseases or accidents	30771
only, and delivered, issued for delivery, or renewed in this state	30772
on or after January 1, 1979, and that provides coverage for mental	30773
or emotional disorders, shall provide benefits for services on an	30774
outpatient basis for each eligible person under the policy who	30775
resides in this state for mental or emotional disorders, or for	30776
evaluations, that are at least equal to five hundred fifty dollars	30777
in any calendar year or twelve-month period. The services shall	30778
be legally performed by or under the clinical supervision of a	30779
licensed physician or licensed psychologist, whether performed in	30780
an office, in a hospital, or in a community mental health facility	30781
so long as the hospital or community mental health facility is	30782
approved by the joint commission on accreditation of healthcare	30783
organizations, the council on accreditation for children and	30784
family services, the rehabilitation accreditation commission, or,	30785
until two years after the effective date of this amendment,	30786
certified by the department of mental health as being in	30787
compliance with standards established under division (I)(H) of	30788
section 5119.01 of the Revised Code.	30789

(B) For purposes of this section "community mental health	30790
facility" means a facility approved by a regional health planning	30791
agency or a facility providing services under a board of alcohol,	30792
drug addiction, and mental health services established under	30793
Chapter 340. of the Revised Code, except that where a board	30794
provides direct community mental health service, the approval of	30795
such a board, as to the adequacy of a specific program of such	30796
services that it provides as a community mental health facility	30797
shall be by the director of mental health.	30798

(C) Outpatient benefits offered under division (A) of this	30799
section shall be subject to reasonable contract limitations and	30800
may be subject to reasonable deductibles and co-insurance costs.	30801
Persons entitled to such benefit under more than one service or	30802
insurance contract may be limited to a single	30803
five-hundred-fifty-dollar outpatient benefit for services under	30804
all contracts.	30805

(D)(C) In order to qualify for participation under division	30806
(A) of this section, every facility specified in such division	30807
shall have in effect a plan for utilization review and a plan for	30808
peer review and every person specified in such division shall have	30809
in effect a plan for peer review. Such plans shall have the	30810
purpose of ensuring high quality patient care and effective and	30811
efficient utilization of available health facilities and services.	30812

(E)(D) Nothing in this section shall be construed to require	30813
an insurer to pay benefits which are greater than usual,	30814
customary, and reasonable.	30815

(F)(E)(1) Services performed under the clinical supervision	30816
of a licensed physician or licensed psychologist, in order to be	30817
reimbursable under the coverage required in division (A) of this	30818
section, shall meet both of the following requirements:	30819

(a) The services shall be performed in accordance with a	30820
treatment plan that describes the expected duration, frequency,	30821
and type of services to be performed;	30822

(b) The plan shall be reviewed and approved by a licensed	30823
physician or licensed psychologist every three months.	30824

(2) Payment of benefits for services reimbursable under	30825
division (F)(E)(1) of this section shall not be restricted to	30826
services described in the treatment plan or conditioned upon	30827
standards of clinical supervision that are more restrictive than	30828
standards of a licensed physician or licensed psychologist, which	30829
at least equal the requirements of division (F)(E)(1) of this	30830
section.	30831

Sec. 3923.29.  (A) Every policy of group sickness and	30832
accident insurance providing hospital, surgical, or medical	30833
expense coverage for other than specific diseases or accidents	30834
only, and delivered, issued for delivery, or renewed in this state	30835
on or after January 1, 1979, shall provide for each eligible	30836
person under the policy who resides in this state, outpatient,	30837
inpatient, and intermediate primary care benefits for alcoholism	30838
that are at least equal to five hundred fifty dollars in any	30839
calendar year or twelve month period. The services shall be	30840
legally performed by or under the clinical supervision of a	30841
licensed physician or a licensed psychologist, whether performed	30842
in an office, in a hospital, in a community mental health	30843
facility, or in an alcoholism treatment facility so long as the	30844
hospital, community mental health facility, or alcoholism	30845
treatment facility is approved by the joint commission on	30846
accreditation of hospitals or certified by the department of	30847
health.	30848

(B) For purposes of this section "community mental health	30849
facility" means a facility as defined in section 3923.28 of the	30850
Revised Code.	30851

(C) The benefits mandated by division (A) of this section	30852
shall be subject to reasonable contract limitations and may be	30853
subject to reasonable deductibles and co-insurance costs. Persons	30854
entitled to such benefit under more than one service or insurance	30855
contract may be limited to a single five hundred fifty dollar	30856
benefit for services under all contracts.	30857

(D)(C) For an eligible person, who receives treatment for	30858
alcoholism from an approved or certified alcoholism treatment	30859
facility, to remain entitled to the benefits mandated by division	30860
(A) of this section, a licensed physician or a licensed	30861
psychologist shall every three months certify that such person	30862
needs to continue utilizing such treatment.	30863

(E)(D) In order to qualify for participation under division	30864
(A) of this section, every facility specified in such division	30865
shall have in effect a plan for utilization review and a plan for	30866
peer review and every person specified in such division shall have	30867
in effect a plan for peer review. Such plans shall have the	30868
purpose of ensuring high quality patient care and effective and	30869
efficient utilization of available health facilities and services.	30870
Such person or facility shall also have in effect a program of	30871
rehabilitation or a program of rehabilitation and detoxification.	30872

(F)(E) Nothing in this section shall be construed to require	30873
an insurer to pay benefits which are greater than usual,	30874
customary, and reasonable.	30875

Sec. 3923.30.  Every person, the state and any of its	30876
instrumentalities, any county, township, school district, or other	30877
political subdivisions and any of its instrumentalities, and any	30878
municipal corporation and any of its instrumentalities, which	30879
provides payment for health care benefits for any of its employees	30880
resident in this state, which benefits are not provided by	30881
contract with an insurer qualified to provide sickness and	30882
accident insurance, or a health insuring corporation, shall	30883
include the following benefits in its plan of health care benefits	30884
commencing on or after January 1, 1979:	30885

(A) If such plan of health care benefits provides payment	30886
for the treatment of mental or nervous disorders, then such plan	30887
shall provide benefits for services on an outpatient basis for	30888
each eligible employee and dependent for mental or emotional	30889
disorders, or for evaluations, that are at least equal to the	30890
following:	30891

(1) Payments not less than five hundred fifty dollars in a	30892
twelve-month period, for services legally performed by or under	30893
the clinical supervision of a licensed physician or a licensed	30894
psychologist, whether performed in an office, in a hospital, or in	30895
a community mental health facility so long as the hospital or	30896
community mental health facility is approved by the joint	30897
commission on accreditation of hospitals healthcare organizations,	30898
the council on accreditation for children and family services, the	30899
rehabilitation accreditation commission, or, until two years after	30900
the effective date of this amendment, certified by the department	30901
of mental health as being in compliance with standards established	30902
under division (I)(H) of section 5119.01 of the Revised Code;	30903

(2) Such benefit shall be subject to reasonable limitations,	30904
and may be subject to reasonable deductibles and co-insurance	30905
costs.	30906

(3) In order to qualify for participation under this	30907
division, every facility specified in this division shall have in	30908
effect a plan for utilization review and a plan for peer review	30909
and every person specified in this division shall have in effect a	30910
plan for peer review. Such plans shall have the purpose of	30911
ensuring high quality patient care and effective and efficient	30912
utilization of available health facilities and services.	30913

(4) Such payment for benefits shall not be greater than	30914
usual, customary, and reasonable.	30915

(5) For purposes of this division, "community mental health	30916
facility" means a facility as defined in section 3923.28 of the	30917
Revised Code.	30918

(6)(a) Services performed under the clinical supervision of	30919
a licensed physician or licensed psychologist, in order to be	30920
reimbursable under the coverage required in division (A) of this	30921
section, shall meet both of the following requirements:	30922

(i) The services shall be performed in accordance with a	30923
treatment plan that describes the expected duration, frequency,	30924
and type of services to be performed;	30925

(ii) The plan shall be reviewed and approved by a licensed	30926
physician or licensed psychologist every three months.	30927

(b) Payment of benefits for services reimbursable under	30928
division (A)(6)(5)(a) of the section shall not be restricted to	30929
services described in the treatment plan or conditioned upon	30930
standards of a licensed physician or licensed psychologist, which	30931
at least equal the requirements of division (A)(6)(5)(a) of this	30932
section.	30933

(B) Payment for benefits for alcoholism treatment for	30934
outpatient, inpatient, and intermediate primary care for each	30935
eligible employee and dependent that are at least equal to the	30936
following:	30937

(1) Payments not less than five hundred fifty dollars in a	30938
twelve-month period for services legally performed by or under the	30939
clinical supervision of a licensed physician or licensed	30940
psychologist, whether performed in an office, or in a hospital or	30941
a community mental health facility or alcoholism treatment	30942
facility so long as the hospital, community mental health	30943
facility, or alcoholism treatment facility is approved by the	30944
joint commission on accreditation of hospitals or certified by the	30945
department of health;	30946

(2) The benefits provided under this division shall be	30947
subject to reasonable limitations and may be subject to reasonable	30948
deductibles and co-insurance costs.	30949

(3) A licensed physician or licensed psychologist shall	30950
every three months certify a patient's need for continued services	30951
performed by such facilities.	30952

(4) In order to qualify for participation under this	30953
division, every facility specified in this division shall have in	30954
effect a plan for utilization review and a plan for peer review	30955
and every person specified in this division shall have in effect a	30956
plan for peer review. Such plans shall have the purpose of	30957
ensuring high quality patient care and efficient utilization of	30958
available health facilities and services. Such person or	30959
facilities shall also have in effect a program of rehabilitation	30960
or a program of rehabilitation and detoxification.	30961

(5) Nothing in this section shall be construed to require	30962
reimbursement for benefits which is greater than usual, customary,	30963
and reasonable.	30964

Sec. 4105.17.  (A) The fee for any inspection, or attempted	30965
inspection that, due to no fault of a general inspector or the	30966
division of industrial compliance, is not successfully completed,	30967
by a general inspector of an elevator required to be inspected	30968
under this chapter is thirty dollars plus five dollars for each	30969
floor where the elevator stops. The superintendent of the	30970
division of industrial compliance may assess a fee of thirty one	30971
hundred twenty-five dollars plus five dollars for each floor where	30972
an elevator stops for the reinspection of an elevator when a	30973
previous attempt to inspect that elevator has been unsuccessful	30974
through no fault of a general inspector or the division of	30975
industrial compliance. The fee for issuing or renewing a	30976
certificate of operation under section 4105.15 of the Revised Code	30977
is thirty-five dollars.	30978

(B) All other fees to be charged for any examination given	30979
or other service performed by the division of industrial	30980
compliance pursuant to this chapter shall be prescribed by the	30981
board of building standards established by section 3781.07 of the	30982
Revised Code. The fees shall be reasonably related to the costs	30983
of such examination or other service.	30984

(C) The board of building standards, subject to the approval	30985
of the controlling board, may establish fees in excess of the fees	30986
provided in division (A) of this section, provided that the fees	30987
do not exceed the amounts established in division (A) of this	30988
section by more than fifty per cent. Any moneys collected under	30989
this section shall be paid into the state treasury to the credit	30990
of the industrial compliance operating fund created in section	30991
121.084 of the Revised Code.	30992

(D) Any person who fails to pay an inspection fee required	30993
for any inspection conducted by the division pursuant to this	30994
chapter within forty-five days after the inspection is conducted	30995
shall pay a late payment fee equal to twenty-five per cent of the	30996
inspection fee.	30997

(E) In addition to the fee assessed in division (A) of this	30998
section, the board of building standards shall assess a fee of	30999
three dollars and twenty-five cents for each certificate of	31000
operation or renewal thereof issued under division (A) of this	31001
section and for each permit issued under section 4105.16 of the	31002
Revised Code. The board shall adopt rules, in accordance with	31003
Chapter 119. of the Revised Code, specifying the manner by which	31004
the superintendent of the division of industrial compliance shall	31005
collect and remit to the board the fees assessed under this	31006
division and requiring that remittance of the fees be made at	31007
least quarterly.	31008

Sec. 4115.10.  (A) No person, firm, corporation, or public	31009
authority that constructs a public improvement with its own	31010
forces, the total overall project cost of which is fairly	31011
estimated to be more than the amounts set forth in division (B)(1)	31012
or (2) of section 4115.03 of the Revised Code, adjusted biennially	31013
by the director of commerce pursuant to section 4115.034 of the	31014
Revised Code, shall violate the wage provisions of sections	31015
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	31016
require any employee to work for less than the rate of wages so	31017
fixed, or violate the provisions of section 4115.07 of the Revised	31018
Code. Any employee upon any public improvement, except an	31019
employee to whom or on behalf of whom restitution is made pursuant	31020
to division (C) of section 4115.13 of the Revised Code, who is	31021
paid less than the fixed rate of wages applicable thereto may	31022
recover from such person, firm, corporation, or public authority	31023
that constructs a public improvement with its own forces the	31024
difference between the fixed rate of wages and the amount paid to	31025
the employee and in addition thereto a sum equal to twenty-five	31026
per cent of that difference. The person, firm, corporation, or	31027
public authority who fails to pay the rate of wages so fixed also	31028
shall pay a penalty to the director of seventy-five per cent of	31029
the difference between the fixed rate of wages and the amount paid	31030
to the employees on the public improvement. The director shall	31031
deposit all moneys received from penalties paid to the director	31032
pursuant to this section into the penalty enforcement fund, which	31033
is hereby created. The penalty enforcement fund shall be in the	31034
custody of the treasurer of state but shall not be part of the	31035
state treasury. The director shall use the fund for the	31036
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	31037
The employee may file suit for recovery within sixty days of the	31038
director's determination of a violation of sections 4115.03 to	31039
4115.16 of the Revised Code or is barred from further action under	31040
this division. Where the employee prevails in a suit, the	31041
employer shall pay the costs and reasonable attorney's fees	31042
allowed by the court.	31043

(B) Any employee upon any public improvement who is paid	31044
less than the prevailing rate of wages applicable thereto may file	31045
a complaint in writing with the director upon a form furnished by	31046
the director. At the written request of any employee paid less	31047
than the prevailing rate of wages applicable, the director shall	31048
take an assignment of a claim in trust for the assigning employee	31049
and bring any legal action necessary to collect the claim. The	31050
employer shall pay the costs and reasonable attorney's fees	31051
allowed by the court if the employer is found in violation of	31052
sections 4115.03 to 4115.16 of the Revised Code.	31053

(C) If after investigation pursuant to section 4115.13 of	31054
the Revised Code, the director determines there is a violation of	31055
sections 4115.03 to 4115.16 of the Revised Code and a period of	31056
sixty days has elapsed from the date of the determination, and if:	31057

(1) No employee has brought suit pursuant to division (A) of	31058
this section;	31059

(2) No employee has requested that the director take an	31060
assignment of a wage claim pursuant to division (B) of this	31061
section;	31062

The director shall bring any legal action necessary to	31063
collect any amounts owed to employees and the bureau director. The	31064
director shall pay over to the affected employees the amounts	31065
collected to which the affected employees are entitled under	31066
division (A) of this section. In any action in which the director	31067
prevails, the employer shall pay the costs and reasonable	31068
attorney's fees allowed by the court.	31069

(D) Where persons are employed and their rate of wages has	31070
been determined as provided in section 4115.04 of the Revised	31071
Code, no person, either for self or any other person, shall	31072
request, demand, or receive, either before or after the person is	31073
engaged, that the person so engaged pay back, return, donate,	31074
contribute, or give any part or all of the person's wages, salary,	31075
or thing of value, to any person, upon the statement,	31076
representation, or understanding that failure to comply with such	31077
request or demand will prevent the procuring or retaining of	31078
employment, and no person shall, directly or indirectly, aid,	31079
request, or authorize any other person to violate this section.	31080
This division does not apply to any agent or representative of a	31081
duly constituted labor organization acting in the collection of	31082
dues or assessments of such organization.	31083

(E) The director shall enforce sections 4115.03 to 4115.16	31084
of the Revised Code.	31085

(F) For the purpose of supplementing existing resources and	31086
to assist in enforcing division (E) of this section, the director	31087
may contract with a person registered as a public accountant under	31088
Chapter 4701. of the Revised Code to conduct an audit of a person,	31089
firm, corporation, or public authority.	31090

Sec. 4117.102. The state employment relations board shall	31091
compile a list of the school districts in the state that have	31092
filed with the board agreements entered into with teacher employee	31093
organizations under this chapter. The board shall annually update	31094
the list to reflect, for each district, for the current fiscal	31095
year, the starting salary in the district for teachers with no	31096
prior teaching experience who hold bachelors degrees. The board	31097
shall send a copy of each annually updated list to the state board	31098
of education.	31099

Sec. 4121.44.  (A) The administrator of workers'	31100
compensation shall oversee the implementation of the Ohio workers'	31101
compensation qualified health plan system as established under	31102
section 4121.442 of the Revised Code.	31103

(B) The administrator shall direct the implementation of the	31104
health partnership program administered by the bureau as set forth	31105
in section 4121.441 of the Revised Code. To implement the health	31106
partnership program, the bureau:	31107

(1) Shall certify one or more external vendors, which shall	31108
be known as "managed care organizations," to provide medical	31109
management and cost containment services in the health partnership	31110
program for a period of two years beginning on the date of	31111
certification, consistent with the standards established under	31112
this section;	31113

(2) May recertify external vendors for additional periods of	31114
two years; and	31115

(3) May integrate the certified vendors with bureau staff	31116
and existing bureau services for purposes of operation and	31117
training to allow the bureau to assume operation of the health	31118
partnership program at the conclusion of the certification periods	31119
set forth in division (B)(1) or (2) of this section.	31120

(C) Any vendor selected shall demonstrate all of the	31121
following:	31122

(1) Arrangements and reimbursement agreements with a	31123
substantial number of the medical, professional and pharmacy	31124
providers currently being utilized by claimants.	31125

(2) Ability to accept a common format of medical bill data	31126
in an electronic fashion from any provider who wishes to submit	31127
medical bill data in that form.	31128

(3) A computer system able to handle the volume of medical	31129
bills and willingness to customize that system to the bureau's	31130
needs and to be operated by the vendor's staff, bureau staff, or	31131
some combination of both staffs.	31132

(4) A prescription drug system where pharmacies on a	31133
statewide basis have access to the eligibility and pricing, at a	31134
discounted rate, of all prescription drugs.	31135

(5) A tracking system to record all telephone calls from	31136
claimants and providers regarding the status of submitted medical	31137
bills so as to be able to track each inquiry.	31138

(6) Data processing capacity to absorb all of the bureau's	31139
medical bill processing or at least that part of the processing	31140
which the bureau arranges to delegate.	31141

(7) Capacity to store, retrieve, array, simulate, and model	31142
in a relational mode all of the detailed medical bill data so that	31143
analysis can be performed in a variety of ways and so that the	31144
bureau and its governing authority can make informed decisions.	31145

(8) Wide variety of software programs which translate	31146
medical terminology into standard codes, and which reveal if a	31147
provider is manipulating the procedures codes, commonly called	31148
"unbundling."	31149

(9) Necessary professional staff to conduct, at a minimum,	31150
authorizations for treatment, medical necessity, utilization	31151
review, concurrent review, post-utilization review, and have the	31152
attendant computer system which supports such activity and	31153
measures the outcomes and the savings.	31154

(10) Management experience and flexibility to be able to	31155
react quickly to the needs of the bureau in the case of required	31156
change in federal or state requirements.	31157

(D)(1) Information contained in a vendor's application for	31158
certification in the health partnership program, and other	31159
information furnished to the bureau by a vendor for purposes of	31160
obtaining certification or to comply with performance and	31161
financial auditing requirements established by the adminstrator,	31162
is for the exclusive use and information of the bureau in the	31163
discharge of its official duties, and shall not be open to the	31164
public or be used in any court in any proceeding pending therein,	31165
unless the bureau is a party to the action or proceeding, but the	31166
information may be tabulated and published by the bureau in	31167
statistical form for the use and information of other state	31168
departments and the public. No employee of the bureau, except as	31169
otherwise authorized by the administrator, shall divulge any	31170
information secured by the employee while in the employ of the	31171
bureau in respect to a vendor's application for certification or	31172
in respect to the business or other trade processes of any vendor	31173
to any person other than the administrator or to the employee's	31174
superior.	31175

(2) Notwithstanding the restrictions imposed by division	31176
(D)(1) of this section, the governor, members of select or	31177
standing committees of the senate or house of representatives, the	31178
auditor of state, the attorney general, or their designees,	31179
pursuant to the authority granted in this chapter and Chapter	31180
4123. of the Revised Code, may examine any vendor application or	31181
other information furnished to the bureau by the vendor. None of	31182
those individuals shall divulge any information secured in the	31183
exercise of that authority in respect to a vendor's application	31184
for certification or in respect to the business or other trade	31185
processes of any vendor to any person.	31186

(E) On and after January 1, 2001, a vendor shall not be any	31187
insurance company holding a certificate of authority issued	31188
pursuant to Title XXXIX of the Revised Code or any health insuring	31189
corporation holding a certificate of authority under Chapter 1751.	31190
of the Revised Code.	31191

(F) The administrator may limit freedom of choice of health	31192
care provider or supplier by requiring, beginning with the period	31193
set forth in division (B)(1) or (2) of this section, that	31194
claimants shall pay an appropriate out-of-plan copayment for	31195
selecting a medical provider not within the health partnership	31196
program as provided for in this section.	31197

(G) The administrator, six months prior to the expiration of	31198
the bureau's certification or recertification of the vendor or	31199
vendors as set forth in division (B)(1) or (2) of this section,	31200
may certify and provide evidence to the governor, the speaker of	31201
the house of representatives, and the president of the senate that	31202
the existing bureau staff is able to match or exceed the	31203
performance and outcomes of the external vendor or vendors and	31204
that the bureau should be permitted to internally administer the	31205
health partnership program upon the expiration of the	31206
certification or recertification as set forth in division (B)(1)	31207
or (2) of this section.	31208

(H) The administrator shall establish and operate a bureau	31209
of workers' compensation health care data program. The	31210
administrator may contract with the Ohio health care data center	31211
for such purposes. The administrator shall develop reporting	31212
requirements from all employees, employers and medical providers,	31213
medical vendors, and plans that participate in the workers'	31214
compensation system. The administrator shall do all of the	31215
following:	31216

(1) Utilize the collected data to measure and perform	31217
comparison analyses of costs, quality, appropriateness of medical	31218
care, and effectiveness of medical care delivered by all	31219
components of the workers' compensation system.	31220

(2) Compile data to support activities of the selected	31221
vendor or vendors and to measure the outcomes and savings of the	31222
health partnership program.	31223

(3) Publish and report compiled data to the governor, the	31224
speaker of the house of representatives, and the president of the	31225
senate on the first day of each January and July, the measures of	31226
outcomes and savings of the health partnership program and the	31227
qualified health plan system. The administrator shall protect the	31228
confidentiality of all proprietary pricing data.	31229

(I) Any rehabilitation facility the bureau operates is	31230
eligible for inclusion in the Ohio workers' compensation qualified	31231
health plan system or the health partnership program under the	31232
same terms as other providers within health care plans or the	31233
program.	31234

(J) In areas outside the state or within the state where no	31235
qualified health plan or an inadequate number of providers within	31236
the health partnership program exist, the administrator shall	31237
permit employees to use a nonplan or nonprogram health care	31238
provider and shall pay the provider for the services or supplies	31239
provided to or on behalf of an employee for an injury or	31240
occupational disease that is compensable under this chapter or	31241
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	31242
schedule the administrator adopts.	31243

(K) No certified health care provider shall charge, assess,	31244
or otherwise attempt to collect from an employee, employer, a	31245
managed care organization, or the bureau any amount for covered	31246
services or supplies that is in excess of the allowed amount paid	31247
by a managed care organization, the bureau, or a qualified health	31248
plan.	31249

(L) The administrator shall permit any employer or group of	31250
employers who agree to abide by the rules adopted under this	31251
section and sections 4121.441 and 4121.442 of the Revised Code to	31252
provide services or supplies to or on behalf of an employee for an	31253
injury or occupational disease that is compensable under this	31254
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	31255
through qualified health plans of the Ohio workers' compensation	31256
qualified health plan system pursuant to section 4121.442 of the	31257
Revised Code or through the health partnership program pursuant to	31258
section 4121.441 of the Revised Code. No amount paid under the	31259
qualified health plan system pursuant to section 4121.442 of the	31260
Revised Code by an employer who is a state fund employer shall be	31261
charged to the employer's experience or otherwise be used in	31262
merit-rating or determining the risk of that employer for the	31263
purpose of the payment of premiums under this chapter, and if the	31264
employer is a self-insuring employer, the employer shall not	31265
include that amount in the paid compensation the employer reports	31266
under section 4123.35 of the Revised Code.	31267

Sec. 4123.27.  Information contained in the annual statement	31268
provided for in section 4123.26 of the Revised Code, and such	31269
other information as may be furnished to the bureau of workers'	31270
compensation by employers in pursuance of that section, is for the	31271
exclusive use and information of the bureau in the discharge of	31272
its official duties, and shall not be open to the public nor be	31273
used in any court in any action or proceeding pending therein	31274
unless the bureau is a party to the action or proceeding; but the	31275
information contained in the statement may be tabulated and	31276
published by the bureau in statistical form for the use and	31277
information of other state departments and the public. No person	31278
in the employ of the bureau, except those who are authorized by	31279
the administrator of workers' compensation, shall divulge any	31280
information secured by the person while in the employ of the	31281
bureau in respect to the transactions, property, claim files,	31282
records, or papers of the bureau or in respect to the business or	31283
mechanical, chemical, or other industrial process of any company,	31284
firm, corporation, person, association, partnership, or public	31285
utility to any person other than the administrator or to the	31286
superior of such employee of the bureau.	31287

Notwithstanding the restrictions imposed by this section, the	31288
governor, select or standing committees of the general assembly,	31289
the auditor of state, the attorney general, or their designees,	31290
pursuant to the authority granted in this chapter and Chapter	31291
4121. of the Revised Code, may examine any records, claim files,	31292
or papers in possession of the industrial commission or the	31293
bureau. They also are bound by the privilege that attaches to	31294
these papers.	31295

The administrator shall report to the director of job and	31296
family services or to the county director of job and family	31297
services the name, address, and social security number or other	31298
identification number of any person receiving workers'	31299
compensation whose name or social security number or other	31300
identification number is the same as that of a person required by	31301
a court or child support enforcement agency to provide support	31302
payments to a recipient or participant of public assistance, and	31303
whose name is submitted to the administrator by the director under	31304
section 5101.36 of the Revised Code. The administrator also shall	31305
inform the director of the amount of workers' compensation paid to	31306
the person during such period as the director specifies.	31307

Within fourteen days after receiving from the director of job	31308
and family services a list of the names and social security	31309
numbers of recipients or participants of public assistance	31310
pursuant to section 5101.181 of the Revised Code, the	31311
administrator shall inform the auditor of state of the name,	31312
current or most recent address, and social security number of each	31313
person receiving workers' compensation pursuant to this chapter	31314
whose name and social security number are the same as that of a	31315
person whose name or social security number was submitted by the	31316
director. The administrator also shall inform the auditor of	31317
state of the amount of workers' compensation paid to the person	31318
during such period as the director specifies.	31319

The bureau and its employees, except for purposes of	31320
furnishing the auditor of state with information required by this	31321
section, shall preserve the confidentiality of recipients or	31322
participants of public assistance in compliance with division (A)	31323
of section 5101.181 of the Revised Code.	31324

For the purposes of this section, "public assistance" means	31325
medical assistance provided through the medical assistance program	31326
established under section 5111.01 of the Revised Code, Ohio works	31327
first provided under Chapter 5107. of the Revised Code,	31328
prevention, retention, and contingency assistance benefits and	31329
services provided under Chapter 5108. of the Revised Code, or	31330
disability assistance provided under Chapter 5115. of the Revised	31331
Code.	31332

Sec. 4301.12.  The division of liquor control shall provide	31333
for the custody, safekeeping, and deposit of all moneys, checks,	31334
and drafts received by it or any of its employees or agents prior	31335
to paying them to the treasurer of state as provided by section	31336
113.08 of the Revised Code.	31337

A sum equal to three dollars and thirty-eight cents for each	31338
gallon of spirituous liquor sold by the division during the period	31339
covered by the payment shall be paid into the state treasury to	31340
the credit of the general revenue fund. All moneys received from	31341
permit fees shall be paid to the credit of the undivided liquor	31342
permit fund established by section 4301.30 of the Revised Code.	31343

Except as otherwise provided by law, all moneys collected	31344
under Chapters 4301. and 4303. of the Revised Code shall be paid	31345
by the division into the state treasury to the credit of the	31346
liquor control fund, which is hereby created. Amounts in the	31347
liquor control fund may be used to pay the operating expenses of	31348
the liquor control commission.	31349

Whenever, in the judgment of the director of budget and	31350
management, the amount in the custody of the treasurer of state to	31351
the credit of the liquor control fund is in excess of that needed	31352
to meet the maturing obligations of the division, as working	31353
capital for its further operations and, to pay the operating	31354
expenses of the commission, and as required for the alcohol	31355
testing program under section 3701.143 of the Revised Code, the	31356
director shall transfer the excess to the state treasury to the	31357
credit of the general revenue fund.	31358

Sec. 4301.17.  (A) Subject to local option as provided in	31359
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	31360
stores or agencies may be established in each county. One	31361
additional store may be established in any county for each thirty	31362
thousand of population of such that county or major fraction	31363
thereof in excess of the first forty thousand, according to the	31364
last preceding federal census. A person engaged in a mercantile	31365
business may act as the agent for the division of liquor control	31366
for the sale of spirituous liquor in a municipal corporation, in	31367
the unincorporated area of a township of not less than two	31368
thousand population, or in an area designated and approved as a	31369
resort area under section 4303.262 of the Revised Code, provided	31370
that not more than one agency contract shall be awarded in the	31371
unincorporated area of a county for each fifty thousand population	31372
of the county. The division shall fix the compensation for such	31373
an agent in such the manner as it deems considers best, but such	31374
the compensation shall not exceed seven per cent of the gross	31375
sales made by such the agent in any one year.	31376

Except as otherwise provided in this section, no mercantile	31377
business that sells beer or intoxicating liquor for consumption on	31378
the premises under a permit issued by the division shall operate	31379
an agency store at such the premises or at any adjacent premises.	31380
An agency to which a D-1 permit has been issued may offer for sale	31381
tasting samples of beer, an agency to which a D-2 permit has been	31382
issued may offer for sale tasting samples of wine and mixed	31383
beverages, and an agency to which a D-5 permit has been issued may	31384
offer for sale tasting samples of beer, wine, and mixed beverages,	31385
but not spirituous liquor. A tasting sample shall not be sold for	31386
the purpose of general consumption. As used in this section,	31387
"tasting sample" means a small amount of beer, wine, or mixed	31388
beverages that is provided in not more than four servings of not	31389
more than two ounces each to an authorized purchaser and that	31390
allows the purchaser to determine, by tasting only, the quality	31391
and character of the beverage.	31392

(B) When an agency contract is proposed or when an existing	31393
agency contract is assigned, before entering into any such	31394
contract or consenting to any assignment, the division shall	31395
notify the legislative authority of the municipal corporation in	31396
which the agency store is to be located, or the board of county	31397
commissioners and the board of township trustees of the county and	31398
the township in which the agency store is to be located if the	31399
agency store is to be located outside the corporate limits of a	31400
municipal corporation, of the proposed contract or assignment, and	31401
an opportunity shall be provided officials or employees of the	31402
municipal corporation or county and township for a complete	31403
hearing upon the advisability of entering into the agency contract	31404
or consenting to the assignment. When the division sends notice	31405
to the legislative authority of the political subdivision, the	31406
department shall notify, by certified mail or by personal service,	31407
the chief peace officer of the political subdivision, who may	31408
appear and testify, either in person or through a representative,	31409
at any hearing held on the advisability of entering into the	31410
agency contract or consenting to the assignment.	31411

On or after July 21, 1986, if If the proposed agency store	31412
would be located within five hundred feet of a school, church,	31413
library, public playground, or township park, the division shall	31414
not enter into an agency contract until it has provided notice of	31415
the proposed contract to the authorities in control of the school,	31416
church, library, public playground, or township park and has	31417
provided such officials those authorities with an opportunity for	31418
a complete hearing upon the advisability of entering into the	31419
contract. If an agency store so located is operating under an	31420
agency contract, the division may consent to the assignment of	31421
that contract to operate an agency store at the same location,	31422
provided that but the division shall not consent to an assignment	31423
until it has notified the authorities in control of the school,	31424
church, library, public playground, or township park and has	31425
provided such officials those authorities with an opportunity for	31426
a complete hearing upon the advisability of consenting to the	31427
assignment.	31428

Any hearing provided for in this division shall be held in	31429
the central office of the division, except that upon written	31430
request of the legislative authority of the municipal corporation,	31431
the board of county commissioners, or board of township trustees,	31432
the hearing shall be held in the county seat of the county where	31433
the proposed agency store is to be located.	31434

(C) All agency contracts entered into by the division	31435
pursuant to this section shall be in writing and shall contain a	31436
clause providing for the termination of the contract at will by	31437
the division upon its giving ninety days' notice in writing to	31438
such the agent of its intention to do so. Any agency contract may	31439
include a clause requiring the agent to report to the appropriate	31440
law enforcement agency the name and address of any individual	31441
under twenty-one years of age who attempts to make an illegal	31442
purchase.	31443

An agent may engage in the selling of beer, mixed beverages,	31444
and wine pursuant to permits issued to the agent under Chapter	31445
4303. of the Revised Code.	31446

The division shall issue a C-1 and C-2 permit to each agent	31447
who prior to November 1, 1994, had not been issued both of these	31448
permits, notwithstanding the population quota restrictions	31449
contained in section 4303.29 of the Revised Code or in any rule of	31450
the liquor control commission and notwithstanding the requirements	31451
of section 4303.31 of the Revised Code. The location of a C-1 or	31452
C-2 permit issued to such an agent shall not be transferred. The	31453
division shall revoke any C-1 or C-2 permit issued to an agent	31454
under this paragraph if the agent no longer operates an agency	31455
store.	31456

No person shall operate, or have any interest, directly or	31457
indirectly, in more than four eight state agencies in any one	31458
county or more than eight sixteen state agencies in the state for	31459
the sale of spirituous liquor. For purposes of this section, a	31460
person has an interest in a state agency if the person is a	31461
partner, member, officer, or director of, or a shareholder owning	31462
ten per cent or more of the capital stock of, any legal entity	31463
with which the department has entered into an agency contract.	31464

The division may enter into agreements with the department of	31465
development to implement a minority loan program to provide	31466
low-interest loans to minority business enterprises, as defined in	31467
section 122.71 of the Revised Code, that are awarded liquor agency	31468
contracts or assignments.	31469

(D) If the division closes a state liquor store and replaces	31470
that store with an agency store, any employees of the division	31471
employed at that state liquor store who lose their jobs at that	31472
store as a result shall be given preference by the agent who	31473
operates the agency store in filling any vacancies that occur	31474
among the agent's employees, if such that preference does not	31475
conflict with the agent's obligations pursuant to a collective	31476
bargaining agreement.	31477

If the division closes a state liquor store and replaces the	31478
store with an agency store, any employees of the division employed	31479
at the state liquor store who lose their jobs at that store as a	31480
result may displace other employees as provided in sections	31481
124.321 to 124.328 of the Revised Code. If an employee cannot	31482
displace other employees and is laid off, the employee shall be	31483
reinstated in another job as provided in sections 124.321 to	31484
124.328 of the Revised Code, except that the employee's rights of	31485
reinstatement in a job at a state liquor store shall continue for	31486
a period of two years after the date of the employee's layoff and	31487
shall apply to jobs at state liquor stores located in the	31488
employee's layoff jurisdiction and any layoff jurisdiction	31489
adjacent to the employee's layoff jurisdiction.	31490

(E) The division shall require every such agent to give bond	31491
with surety to the satisfaction of the division, in such the	31492
amount as the division fixes, conditioned for the faithful	31493
performance of the agent's duties as prescribed by the division.	31494

Sec. 4301.24.  No manufacturer shall aid or assist the holder	31495
of any permit for sale at wholesale, and no manufacturer or	31496
wholesale distributor shall aid or assist the holder of any permit	31497
for sale at retail, by gift or loan of any money or property of	31498
any description or other valuable thing, or by giving premiums or	31499
rebates. No holder of any such permit shall accept the same,	31500
provided that the manufacturer or wholesale distributor may	31501
furnish to a retail permittee the inside signs or advertising and	31502
the tap signs or devices authorized by divisions (F) and (G) of	31503
section 4301.22 of the Revised Code.	31504

No manufacturer shall have any financial interest, directly	31505
or indirectly, by stock ownership, or through interlocking	31506
directors in a corporation, or otherwise, in the establishment,	31507
maintenance, or promotion in the business of any wholesale	31508
distributor. No retail permit holder shall have any interest,	31509
directly or indirectly, in the operation of, or any ownership in,	31510
the business of any wholesale distributor or manufacturer.	31511

No manufacturer or wholesale distributor shall, except as	31512
authorized by section 4303.021 of the Revised Code, have any	31513
financial interest, directly or indirectly, by stock ownership, or	31514
through interlocking directors in a corporation, or otherwise, in	31515
the establishment, maintenance, or promotion of the business of	31516
any retail dealer; nor shall any manufacturer or wholesale	31517
distributor or any stockholder thereof of a manufacturer or	31518
wholesale distributor acquire, by ownership in fee, leasehold,	31519
mortgage, or otherwise, directly or indirectly, any interest in	31520
the premises whereon on which the business of any other person	31521
engaged in the business of trafficking in beer or intoxicating	31522
liquor is conducted. All contracts, covenants, conditions, and	31523
limitations whereby any person engaged or proposing to engage in	31524
the sale of beer or intoxicating liquors promises to confine the	31525
person's sales of a particular kind or quality of beer or	31526
intoxicating liquor to one or more products, or the products of a	31527
specified manufacturer or wholesale distributor, or to give	31528
preference to such those products, shall to the extent of such	31529
that promise be void. The making of such a promise in any such	31530
form shall be cause for the revocation or suspension of any permit	31531
issued to any party. This section does not prevent the holder of	31532
an A permit from securing and holding a wholesale distributor's	31533
permit or permits and operating as a wholesale distributor.	31534

No manufacturer shall sell or offer to sell to any wholesale	31535
distributor or retail permit holder, and no wholesale distributor	31536
shall sell or offer to sell to any retail permit holder, and no	31537
wholesale distributor or retail permit holder shall purchase or	31538
receive from any manufacturer or wholesale distributor, any malt	31539
or brewed beverages or wine manufactured in the United States	31540
except for cash. No right of action shall exist to collect any	31541
claims for credit extended contrary to this section. This section	31542
does not prohibit a licensee from crediting to a purchaser the	31543
actual prices charged for packages or containers returned by the	31544
original purchaser as a credit on any sale or from refunding to	31545
any purchaser the amount paid by such that purchaser for	31546
containers or as a deposit on containers when title is retained by	31547
the vendor, if such those containers or packages have been	31548
returned to the manufacturer or distributor. This section does	31549
not prohibit a manufacturer from extending usual and customary	31550
credit for malt or brewed beverages or wine manufactured in the	31551
United States and sold to customers who live or maintain places of	31552
business outside this state when the beverages so sold are	31553
actually transported and delivered to points outside this state.	31554
No wholesale or retail permit shall be issued to an applicant	31555
unless such the applicant has paid in full all accounts for beer	31556
and malt beverages or wine, manufactured in the United States,	31557
outstanding as of September 6, 1939. No beer or malt beverages or	31558
wine manufactured in the United States shall be imported into the	31559
state unless the same beer or malt beverages or wine has been paid	31560
for in cash, and no consent to import any such beer or malt	31561
beverages or wine manufactured in the United States shall be	31562
issued by the division of liquor control until the A-2, B-1, or	31563
B-5 permit holder establishes to the satisfaction of the division	31564
that the same beer or malt beverages or wine has been paid for in	31565
cash.	31566

This section does not prevent a manufacturer from securing	31567
and holding any financial interest, directly or indirectly, by	31568
stock ownership or through interlocking directors in a	31569
corporation, or otherwise, in the establishment, maintenance, or	31570
promotion of the business or premises of any C or D permit holder,	31571
provided that the following conditions are met:	31572

(A) Either the manufacturer or one of its parent companies	31573
is listed on a national securities exchange.	31574

(B) All purchases of alcoholic beverages by the C or D	31575
permit holder are made from wholesale distributors in this state	31576
or agency stores licensed by the division of liquor control.	31577

(C) If the C or D permit holder sells brands of alcoholic	31578
beverages that are produced or distributed by the manufacturer	31579
that holds the financial interest, the C or D permit holder also	31580
sells other competing brands of alcoholic beverages produced by	31581
other manufacturers, no preference is given to the products of the	31582
manufacturer, and there is no exclusion, in whole or in part, of	31583
products sold or offered for sale by other manufacturers,	31584
suppliers, or importers of alcoholic beverages that constitutes a	31585
substantial impairment of commerce.	31586

(D) The primary purpose of the C or D permit premises is a	31587
purpose other than to sell alcoholic beverages, and the sale of	31588
other goods and services exceeds fifty per cent of the total gross	31589
receipts of the C or D permit holder at its premises.	31590

This section does not prevent a manufacturer from giving	31591
financial assistance to the holder of a B permit for the purpose	31592
of the holder purchasing an ownership interest in the business,	31593
existing inventory and equipment, or property of another B permit	31594
holder, including, but not limited to, participation in a limited	31595
liability partnership, limited liability company, or any other	31596
legal entity authorized to do business in this state. This section	31597
does not permit a manufacturer to give financial assistance to the	31598
holder of a B permit to purchase inventory or equipment used in	31599
the daily operation of a B permit holder.	31600

Sec. 4301.422.  (A) Any person who makes sales of beer,	31601
cider, wine, or mixed beverages to persons for resale at retail in	31602
a county in which a tax has been enacted pursuant to section	31603
4301.421 or 4301.424 of the Revised Code, and any manufacturer,	31604
bottler, importer, or other person who makes sales at retail in	31605
the county upon which the tax has not been paid, is liable for the	31606
tax. Each person liable for the tax shall register with the tax	31607
commissioner on a form prescribed by the commissioner and provide	31608
whatever information the commissioner considers necessary.	31609

(B) Each person liable for the tax shall file a return and	31610
pay the tax to the treasurer of state tax commissioner by the last	31611
day of the month following the month in which the sale occurred.	31612
The return is considered to be filed when received by the	31613
treasurer of state tax commissioner. The return shall be	31614
prescribed by the commissioner, and no person filing such a return	31615
shall fail to provide the information specified on the return. If	31616
the return is filed and the amount of tax shown on the return to	31617
be due is paid on or before the date the return is required to be	31618
filed, the person required to file the return shall receive an	31619
administrative fee of two and one-half per cent of that person's	31620
total tax liability under section 4301.421 of the Revised Code for	31621
the purpose of offsetting additional costs incurred in collecting	31622
and remitting the tax. Any person required to file a return who	31623
fails to file timely may be required to forfeit and pay into the	31624
state treasury an amount not exceeding fifty dollars or ten per	31625
cent of the tax due, whichever is greater, as revenue arising from	31626
the tax. That amount may be collected by assessment in the manner	31627
specified in sections 4305.13 and 4305.131 of the Revised Code.	31628

(C) A tax levied pursuant to section 4301.421 or 4301.424 of	31629
the Revised Code shall be administered by the tax commissioner.	31630
The commissioner shall have all powers and authority incident to	31631
such administration, including examination of records, audit,	31632
refund, assessment, and seizure and forfeiture of untaxed	31633
beverages. The procedures, rights, privileges, limitations,	31634
prohibitions, responsibilities, and duties specified in sections	31635
4301.48 to 4301.52, 4305.13, 4305.131, and 4307.01 to 4307.12 of	31636
the Revised Code apply in the administration of the tax.	31637

(D) Each person required to pay the tax levied pursuant to	31638
section 4301.421 or 4301.424 of the Revised Code who sells beer,	31639
cider, wine, or mixed beverages for resale at retail within a	31640
county in which the tax is levied shall clearly mark on all	31641
invoices, billings, and similar documents the amount of tax and	31642
the name of the county in which the tax is levied.	31643

(E) Each person required to pay the tax levied by section	31644
4301.421 or 4301.424 of the Revised Code shall maintain complete	31645
records of all sales for at least three years. The records shall	31646
be open to inspection by the tax commissioner.	31647

(F) All money collected by the tax commissioner under this	31648
section shall be paid to the treasurer of state as revenue arising	31649
from the tax imposed by section 4301.421 or 4301.424 of the	31650
Revised Code.	31651

Sec. 4301.43.  (A) As used in sections 4301.43 to 4301.50 of	31652
the Revised Code:	31653

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	31654
fluid ounces.	31655

(2) "Sale" or "sell" includes exchange, barter, gift,	31656
distribution, and, except with respect to A-4 permit holders,	31657
offer for sale.	31658

(B) For the purposes of providing revenues for the support	31659
of the state and encouraging the grape industries in the state, a	31660
tax is hereby levied on the sale or distribution of wine in Ohio,	31661
except for known sacramental purposes, at the rate of thirty cents	31662
per wine gallon for wine containing not less than four per cent of	31663
alcohol by volume and not more than fourteen per cent of alcohol	31664
by volume, ninety-eight cents per wine gallon for wine containing	31665
more than fourteen per cent but not more than twenty-one per cent	31666
of alcohol by volume, one dollar and eight cents per wine gallon	31667
for vermouth, and one dollar and forty-eight cents per wine gallon	31668
for sparkling and carbonated wine and champagne, the tax to be	31669
paid by the holders of A-2 and B-5 permits or by any other person	31670
selling or distributing wine upon which no tax has been paid. From	31671
the tax paid under this section on wine, vermouth, and sparkling	31672
and carbonated wine and champagne, the treasurer of state shall	31673
credit to the Ohio grape industries fund created under section	31674
924.54 of the Revised Code a sum equal to one cent per gallon for	31675
each gallon upon which the tax is paid.	31676

(C) For the purpose of providing revenues for the support of	31677
the state, there is hereby levied a tax on prepared and bottled	31678
highballs, cocktails, cordials, and other mixed beverages at the	31679
rate of one dollar and twenty cents per wine gallon to be paid by	31680
holders of A-4 permits or by any other person selling or	31681
distributing those products upon which no tax has been paid. Only	31682
one sale of the same article shall be used in computing the amount	31683
of tax due. The tax on mixed beverages to be paid by holders of	31684
A-4 permits under this section shall not attach until the	31685
ownership of the mixed beverage is transferred for valuable	31686
consideration to a wholesaler or retailer, and no payment of the	31687
tax shall be required prior to that time.	31688

(D) During the period from June 30, 1995, until of July 1,	31689
2001, through June 30, 2003, from the tax paid under this section	31690
on wine, vermouth, and sparkling and carbonated wine and	31691
champagne, the treasurer of state shall credit to the Ohio grape	31692
industries fund created under section 924.54 of the Revised Code a	31693
sum equal to two cents per gallon upon which the tax is paid. The	31694
amount credited under this division is in addition to the amount	31695
credited to the Ohio grape industries fund under division (B) of	31696
this section.	31697

(E) For the purpose of providing revenues for the support of	31698
the state, there is hereby levied a tax on cider at the rate of	31699
twenty-four cents per wine gallon to be paid by the holders of A-2	31700
and B-5 permits or by any other person selling or distributing	31701
cider upon which no tax has been paid. Only one sale of the same	31702
article shall be used in computing the amount of the tax due.	31703

Sec. 4303.33.  (A) Every A-1 permit holder in this state,	31704
every bottler, importer, wholesale dealer, broker, producer, or	31705
manufacturer of beer outside this state and within the United	31706
States, and every B-1 permit holder and importer importing beer	31707
from any manufacturer, bottler, person, or group of persons	31708
however organized outside the United States for sale or	31709
distribution for sale in this state, on or before the eighteenth	31710
day of each month, shall make and file with the treasurer of state	31711
tax commissioner upon a form prescribed by the tax commissioner an	31712
advance tax payment in an amount estimated to equal the taxpayer's	31713
tax liability for the month in which the advance tax payment is	31714
made. If the advance tax payment credits claimed on the report are	31715
for advance tax payments received by the treasurer of state tax	31716
commissioner on or before the eighteenth day of the month covered	31717
by the report, the taxpayer is entitled to an additional credit of	31718
three per cent of the advance tax payment and a discount of three	31719
per cent shall be allowed the taxpayer at the time of filing the	31720
report if filed as provided in division (B) of this section on any	31721
amount by which the tax liability reflected in the report exceeds	31722
the advance tax payment estimate by not more than ten per cent.	31723
The additional three per cent credit and three per cent discount	31724
shall be in consideration for advancing the payment of the tax and	31725
other services performed by the permit holder and other taxpayers	31726
in the collection of the tax. The treasurer of state shall stamp	31727
or otherwise mark thereon the date the advance tax payment was	31728
received by the treasurer and the amount of the advance tax	31729
payment, and shall transmit that information to the tax	31730
commissioner.	31731

"Advance tax payment credit" means credit for payments made	31732
by an A-1 or B-1 permit holder and any other persons during the	31733
period covered by a report which was made in anticipation of the	31734
tax liability required to be reported on that report.	31735

"Tax liability" as used in division (A) of this section means	31736
the total gross tax liability of an A-1 or B-1 permit holder and	31737
any other persons for the period covered by a report before any	31738
allowance for credits and discount.	31739

(B) Every A-1 permit holder in this state, every bottler,	31740
importer, wholesale dealer, broker, producer, or manufacturer of	31741
beer outside this state and within the United States, and every	31742
B-1 permit holder importing beer from any manufacturer, bottler,	31743
person, or group of persons however organized outside the United	31744
States, on or before the tenth day of each month, shall make and	31745
file a report for the preceding month upon a form prescribed by	31746
the tax commissioner which report shall show the amount of beer	31747
produced, sold, and distributed for sale in this state by the A-1	31748
permit holder, sold and distributed for sale in this state by each	31749
manufacturer, bottler, importer, wholesale dealer, or broker	31750
outside this state and within the United States, and the amount of	31751
beer imported into this state from outside the United States and	31752
sold and distributed for sale in this state by the B-1 permit	31753
holder or importer.	31754

The report shall be filed by mailing it to the treasurer of	31755
state tax commissioner, together with payment of the tax levied by	31756
sections 4301.42 and 4305.01 of the Revised Code shown to be due	31757
on the report after deduction of advance payment credits and any	31758
additional credits or discounts provided for under this section.	31759
The treasurer of state shall stamp or otherwise mark on each	31760
report the date it was received by the treasurer, the amount of	31761
the tax payment accompanying the report, and shall transmit the	31762
report to the tax commissioner.	31763

(C) Every A-2 and A-4, B-2, B-3, B-4, and B-5 permit holder	31764
in this state, on or before the eighteenth day of each month,	31765
shall make and file a report with the treasurer of state tax	31766
commissioner upon a form prescribed by the tax commissioner which	31767
report shall show, on the report of each A-2 and A-4 permit holder	31768
the amount of wine, cider, and mixed beverages produced and sold,	31769
or sold in this state by each such A-2 and A-4 permit holder for	31770
the next preceding calendar month and such other information as	31771
the tax commissioner requires, and on the report of each such B-2,	31772
B-3, B-4, and B-5 permit holder the amount of wine, cider, and	31773
mixed beverages purchased from an importer, broker, wholesale	31774
dealer, producer, or manufacturer located outside this state and	31775
sold and distributed in this state by such B-2, B-3, B-4, and B-5	31776
permit holder, for the next preceding calendar month and such	31777
other information as the tax commissioner requires.	31778

Every such A-2, A-4, B-2, B-3, B-4, and B-5 permit holder in	31779
this state shall remit with the report the tax levied by sections	31780
4301.43 and, if applicable, 4301.432 of the Revised Code less a	31781
discount thereon of three per cent of the total tax so levied and	31782
paid, provided the return is filed together with remittance of the	31783
amount of tax shown to be due thereon, within the time prescribed.	31784
The treasurer of state shall stamp or otherwise mark on all	31785
reports the date it was received by the treasurer and the amount	31786
of tax payment accompanying all reports and shall transmit the	31787
return to the commissioner. Any permit holder or other persons	31788
who fail to file a report under this section, for each day the	31789
person so fails, may be required to forfeit and pay into the state	31790
treasury the sum of one dollar as revenue arising from the tax	31791
imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of the	31792
Revised Code, and that sum may be collected by assessment in the	31793
manner provided in section 4305.13 of the Revised Code.	31794

(D) Every B-1 permit holder and importer in this state	31795
importing beer from any manufacturer, bottler, person, or group of	31796
persons however organized, outside the United States, if required	31797
by the tax commissioner shall post a bond payable to the state in	31798
such form and amount as the commissioner prescribes with surety to	31799
the satisfaction of the tax commissioner, conditioned upon the	31800
payment to the treasurer of state tax commissioner of taxes levied	31801
by sections 4301.42 and 4305.01 of the Revised Code.	31802

(E) No such wine, beer, cider, or mixed beverages sold or	31803
distributed in this state shall be taxed more than once under	31804
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	31805

(F) As used in this section:

31806

(1) "Cider" has the same meaning as in section 4301.01 of the	31807
Revised Code.	31808

(2) "Wine" has the same meaning as in section 4301.01 of the	31809
Revised Code, except that "wine" does not include cider.	31810

(G) All money collected by the tax commissioner under this	31811
section shall be paid to the treasurer of state as revenue arising	31812
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	31813
4305.01 of the Revised Code.	31814

Sec. 4303.331.  No permit holder shall purchase and import	31815
into this state any beer from any manufacturer, bottler, importer,	31816
wholesale dealer, or broker outside this state and within the	31817
United States unless and until such manufacturer, bottler,	31818
importer, wholesale dealer, or broker registers with the tax	31819
commissioner and supplies such information as the commissioner may	31820
require.	31821

The commissioner may by rule require any registrant to file	31822
with the commissioner a bond payable to the state in such form and	31823
amount as the commissioner prescribes with surety to the	31824
satisfaction of the tax commissioner conditioned upon the making	31825
of the report to be made to the treasurer of state tax	31826
commissioner and the payment to the treasurer of state tax	31827
commissioner of taxes levied by sections 4301.42 and 4305.01 of	31828
the Revised Code, all as provided in section 4303.33 of the	31829
Revised Code.	31830

Any such manufacturer, bottler, importer, wholesale dealer,	31831
or broker shall, as a part of such registration, make the	31832
secretary of state his its agent for the service of process or	31833
notice of any assessment, action, or proceedings instituted in the	31834
state against such person under sections 4303.33, 4301.42, and	31835
4305.01 of the Revised Code.	31836

Such process or notice shall be served, by the officer to	31837
whom it is directed or by the tax commissioner, or by the sheriff	31838
of Franklin county, who may be deputized for such purpose by the	31839
officer to whom the service is directed, upon the secretary of	31840
state by leaving at the office of the secretary of state, at least	31841
fifteen days before the return day of such process or notice, a	31842
true and attested copy thereof, and by sending to the defendant by	31843
certified mail, postage prepaid, a like and true attested copy,	31844
with an endorsement thereon of the service upon the secretary of	31845
state, addressed to such defendant at the address listed in the	31846
registration or at the defendant's last known address.	31847

Any B-1 permit holder who purchases beer from any	31848
manufacturer, bottler, importer, wholesale dealer, or broker	31849
outside this state and within the United States who has not	31850
registered with the tax commissioner and filed a bond as provided	31851
in this section shall be liable for any tax due on any beer	31852
purchased from such unregistered manufacturer, bottler, importer,	31853
wholesale dealer, or broker and shall be subject to any penalties	31854
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	31855
Code.	31856

Any B-1 permit holder who purchases beer from any	31857
manufacturer, bottler, importer, wholesale dealer, or broker	31858
outside this state and within the United States who has complied	31859
with this section shall not be liable for any tax due to the state	31860
on any beer purchased from any such manufacturer, bottler,	31861
importer, wholesale dealer, or broker.	31862

All money collected by the tax commissioner under this	31863
section shall be paid to the treasurer of state as revenue arising	31864
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	31865
4305.01 of the Revised Code.	31866

Sec. 4503.10.  (A) The owner of every snowmobile,	31867
off-highway motorcycle, and all-purpose vehicle required to be	31868
registered under section 4519.02 of the Revised Code shall file an	31869
application for registration under section 4519.03 of the Revised	31870
Code. The owner of a motor vehicle, other than a snowmobile,	31871
off-highway motorcycle, or all-purpose vehicle, that is not	31872
designed and constructed by the manufacturer for operation on a	31873
street or highway may not register it under this chapter except	31874
upon certification of inspection pursuant to section 4513.02 of	31875
the Revised Code by the sheriff or chief of police of the	31876
municipal or township police with jurisdiction over the political	31877
subdivision in which the owner of the motor vehicle resides.	31878
Except as provided in section 4503.103 of the Revised Code, every	31879
owner of every other motor vehicle not previously described in	31880
this section and every person mentioned as owner in the last	31881
certificate of title of a motor vehicle that is operated or driven	31882
upon the public roads or highways shall cause to be filed each	31883
year, by mail or otherwise, in the office of the registrar of	31884
motor vehicles or a deputy registrar, a written or electronic	31885
application or a preprinted registration renewal notice issued	31886
under section 4503.102 of the Revised Code, the form of which	31887
shall be prescribed by the registrar, for registration for the	31888
following registration year, which shall begin on the first day of	31889
January of every calendar year and end on the thirty-first day of	31890
December in the same year. Applications for registration and	31891
registration renewal notices shall be filed at the times	31892
established by the registrar pursuant to section 4503.101 of the	31893
Revised Code. A motor vehicle owner also may elect to renew a	31894
motor vehicle registration by electronic means using electronic	31895
signature in accordance with rules adopted by the registrar.	31896
Except as provided in division (J) of this section, applications	31897
for registration shall be made on blanks furnished by the	31898
registrar for that purpose, containing the following information:	31899

(1) A brief description of the motor vehicle to be	31900
registered, including the name of the manufacturer, the factory	31901
number of the vehicle, the year's model, and, in the case of	31902
commercial cars, the gross weight of the vehicle fully equipped	31903
computed in the manner prescribed in section 4503.08 of the	31904
Revised Code;	31905

(2) The name and residence address of the owner, and the	31906
township and municipal corporation in which the owner resides;	31907

(3) The district of registration, which shall be determined	31908
as follows:	31909

(a) In case the motor vehicle to be registered is used for	31910
hire or principally in connection with any established business or	31911
branch business, conducted at a particular place, the district of	31912
registration is the municipal corporation in which that place is	31913
located or, if not located in any municipal corporation, the	31914
county and township in which that place is located.	31915

(b) In case the vehicle is not so used, the district of	31916
registration is the municipal corporation or county in which the	31917
owner resides at the time of making the application.	31918

(4) Whether the motor vehicle is a new or used motor	31919
vehicle;	31920

(5) The date of purchase of the motor vehicle;

31921

(6) Whether the fees required to be paid for the	31922
registration or transfer of the motor vehicle, during the	31923
preceding registration year and during the preceding period of the	31924
current registration year, have been paid. Each application for	31925
registration shall be signed by the owner, either manually or by	31926
electronic signature, or pursuant to obtaining a limited power of	31927
attorney authorized by the registrar for registration, or other	31928
document authorizing such signature. If the owner elects to renew	31929
the motor vehicle registration with the registrar by electronic	31930
means, the owner's manual signature is not required.	31931

(7) The owner's social security number, if assigned, or,	31932
where a motor vehicle to be registered is used for hire or	31933
principally in connection with any established business, the	31934
owner's federal taxpayer identification number.	31935

(B) Each time the applicant first registers a motor vehicle	31936
in the applicant's name, the applicant shall present for	31937
inspection a certificate of title or a memorandum certificate	31938
showing title to the motor vehicle to be registered in the	31939
applicant. When a motor vehicle inspection and maintenance	31940
program is in effect under section 3704.14 of the Revised Code and	31941
rules adopted under it, each application for registration for a	31942
vehicle required to be inspected under that section and those	31943
rules shall be accompanied by an inspection certificate for the	31944
motor vehicle issued in accordance with that section. The	31945
application shall be refused if any of the following applies:	31946

(1) The application is not in proper form.

31947

(2) The application is prohibited from being accepted by	31948
division (D) of section 2935.27, division (A) of section 2937.221,	31949
division (A) of section 4503.13, division (B) of section 4507.168,	31950
or division (B)(1) of section 4521.10 of the Revised Code.	31951

(3) A certificate of title or memorandum certificate of	31952
title does not accompany the application.	31953

(4) All registration and transfer fees for the motor	31954
vehicle, for the preceding year or the preceding period of the	31955
current registration year, have not been paid.	31956

(5) The owner or lessee does not have an inspection	31957
certificate for the motor vehicle as provided in section 3704.14	31958
of the Revised Code, and rules adopted under it, if that section	31959
is applicable.	31960

This section does not require the payment of license or	31961
registration taxes on a motor vehicle for any preceding year, or	31962
for any preceding period of a year, if the motor vehicle was not	31963
taxable for that preceding year or period under sections 4503.02,	31964
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	31965
Revised Code. When a certificate of registration is issued upon	31966
the first registration of a motor vehicle by or on behalf of the	31967
owner, the official issuing the certificate shall indicate the	31968
issuance with a stamp on the certificate of title or memorandum	31969
certificate and on the inspection certificate for the motor	31970
vehicle, if any. The official also shall indicate, by a stamp or	31971
by such other means as the registrar prescribes, on the	31972
registration certificate issued upon the first registration of a	31973
motor vehicle by or on behalf of the owner the odometer reading of	31974
the motor vehicle as shown in the odometer statement included in	31975
or attached to the certificate of title. Upon each subsequent	31976
registration of the motor vehicle by or on behalf of the same	31977
owner, the official also shall so indicate the odometer reading of	31978
the motor vehicle as shown on the immediately preceding	31979
certificate of registration.	31980

The registrar shall include in the permanent registration	31981
record of any vehicle required to be inspected under section	31982
3704.14 of the Revised Code the inspection certificate number from	31983
the inspection certificate that is presented at the time of	31984
registration of the vehicle as required under this division.	31985

(C) In addition, a charge of twenty-five cents shall be made	31986
for each reflectorized safety license plate issued, and a single	31987
charge of twenty-five cents shall be made for each county	31988
identification sticker or each set of county identification	31989
stickers issued, as the case may be, to cover the cost of	31990
producing the license plates and stickers, including material,	31991
manufacturing, and administrative costs. Those fees shall be in	31992
addition to the license tax. If the total cost of producing the	31993
plates is less than twenty-five cents per plate, or if the total	31994
cost of producing the stickers is less than twenty-five cents per	31995
sticker or per set issued, any excess moneys accruing from the	31996
fees shall be distributed in the same manner as provided by	31997
section 4501.04 of the Revised Code for the distribution of	31998
license tax moneys. If the total cost of producing the plates	31999
exceeds twenty-five cents per plate, or if the total cost of	32000
producing the stickers exceeds twenty-five cents per sticker or	32001
per set issued, the difference shall be paid from the license tax	32002
moneys collected pursuant to section 4503.02 of the Revised Code.	32003

(D) Each deputy registrar shall be allowed a fee of two	32004
dollars and twenty-five cents three dollars commencing on July 1,	32005
2001, three dollars and twenty-five cents commencing on January 1,	32006
2003, and three dollars and fifty cents commencing on January 1,	32007
2004, for each application for registration and registration	32008
renewal notice the deputy registrar receives, which shall be for	32009
the purpose of compensating the deputy registrar for the deputy	32010
registrar's services, and such office and rental expenses, as may	32011
be necessary for the proper discharge of the deputy registrar's	32012
duties in the receiving of applications and renewal notices and	32013
the issuing of licenses.	32014

(E) Upon the certification of the registrar, the county	32015
sheriff or local police officials shall recover license plates	32016
erroneously or fraudulently issued.	32017

(F) Each deputy registrar, upon receipt of any application	32018
for registration or registration renewal notice, together with the	32019
license fee and any local motor vehicle license tax levied	32020
pursuant to Chapter 4504. of the Revised Code, shall transmit that	32021
fee and tax, if any, in the manner provided in this section,	32022
together with the original and duplicate copy of the application,	32023
to the registrar. The registrar, subject to the approval of the	32024
director of public safety, may deposit the funds collected by	32025
those deputies in a local bank or depository to the credit of the	32026
"state of Ohio, bureau of motor vehicles." Where a local bank or	32027
depository has been designated by the registrar, each deputy	32028
registrar shall deposit all moneys collected by the deputy	32029
registrar into that bank or depository not more than one business	32030
day after their collection and shall make reports to the registrar	32031
of the amounts so deposited, together with any other information,	32032
some of which may be prescribed by the treasurer of state, as the	32033
registrar may require and as prescribed by the registrar by rule.	32034
The registrar, within three days after receipt of notification of	32035
the deposit of funds by a deputy registrar in a local bank or	32036
depository, shall draw on that account in favor of the treasurer	32037
of state. The registrar, subject to the approval of the director	32038
and the treasurer of state, may make reasonable rules necessary	32039
for the prompt transmittal of fees and for safeguarding the	32040
interests of the state and of counties, townships, municipal	32041
corporations, and transportation improvement districts levying	32042
local motor vehicle license taxes. The registrar may pay service	32043
charges usually collected by banks and depositories for such	32044
service. If deputy registrars are located in communities where	32045
banking facilities are not available, they shall transmit the fees	32046
forthwith, by money order or otherwise, as the registrar, by rule	32047
approved by the director and the treasurer of state, may	32048
prescribe. The registrar may pay the usual and customary fees for	32049
such service.	32050

(G) This section does not prevent any person from making an	32051
application for a motor vehicle license directly to the registrar	32052
by mail, by electronic means, or in person at any of the	32053
registrar's offices, upon payment of a service fee of two dollars	32054
and twenty-five cents three dollars commencing on July 1, 2001,	32055
three dollars and twenty-five cents commencing on January 1, 2003,	32056
and three dollars and fifty cents commencing on January 1, 2004,	32057
for each application.	32058

(H) No person shall make a false statement as to the	32059
district of registration in an application required by division	32060
(A) of this section. Violation of this division is falsification	32061
under section 2921.13 of the Revised Code and punishable as	32062
specified in that section.	32063

(I)(1) Where applicable, the requirements of division (B) of	32064
this section relating to the presentation of an inspection	32065
certificate issued under section 3704.14 of the Revised Code and	32066
rules adopted under it for a motor vehicle, the refusal of a	32067
license for failure to present an inspection certificate, and the	32068
stamping of the inspection certificate by the official issuing the	32069
certificate of registration apply to the registration of and	32070
issuance of license plates for a motor vehicle under sections	32071
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	32072
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	32073
4503.47, and 4503.51 of the Revised Code.	32074

(2)(a) The registrar shall adopt rules ensuring that each	32075
owner registering a motor vehicle in a county where a motor	32076
vehicle inspection and maintenance program is in effect under	32077
section 3704.14 of the Revised Code and rules adopted under it	32078
receives information about the requirements established in that	32079
section and those rules and about the need in those counties to	32080
present an inspection certificate with an application for	32081
registration or preregistration.	32082

(b) Upon request, the registrar shall provide the director	32083
of environmental protection, or any person that has been awarded a	32084
contract under division (D) of section 3704.14 of the Revised	32085
Code, an on-line computer data link to registration information	32086
for all passenger cars, noncommercial motor vehicles, and	32087
commercial cars that are subject to that section. The registrar	32088
also shall provide to the director of environmental protection a	32089
magnetic data tape containing registration information regarding	32090
passenger cars, noncommercial motor vehicles, and commercial cars	32091
for which a multi-year registration is in effect under section	32092
4503.103 of the Revised Code or rules adopted under it, including,	32093
without limitation, the date of issuance of the multi-year	32094
registration, the registration deadline established under rules	32095
adopted under section 4503.101 of the Revised Code that was	32096
applicable in the year in which the multi-year registration was	32097
issued, and the registration deadline for renewal of the	32098
multi-year registration.	32099

(J) Application for registration under the international	32100
registration plan, as set forth in sections 4503.60 to 4503.66 of	32101
the Revised Code, shall be made to the registrar on forms	32102
furnished by the registrar. In accordance with international	32103
registration plan guidelines and pursuant to rules adopted by the	32104
registrar, the forms shall include the following:	32105

(1) A uniform mileage schedule;

32106

(2) The gross vehicle weight of the vehicle or combined	32107
gross vehicle weight of the combination vehicle as declared by the	32108
registrant;	32109

(3) Any other information the registrar requires by rule.

32110

Sec. 4503.102.  (A) The registrar of motor vehicles shall	32111
adopt rules to establish a centralized system of motor vehicle	32112
registration renewal by mail or by electronic means. Any person	32113
owning a motor vehicle that was registered in the person's name	32114
during the preceding registration year shall renew the	32115
registration of the motor vehicle not more than ninety days prior	32116
to the expiration date of the registration either by mail or by	32117
electronic means through the centralized system of registration	32118
established under this section, or in person at any office of the	32119
registrar or at a deputy registrar's office.	32120

(B)(1) No less than forty-five days prior to the expiration	32121
date of any motor vehicle registration, the registrar shall mail a	32122
renewal notice to the person in whose name the motor vehicle is	32123
registered. The renewal notice shall clearly state that the	32124
registration of the motor vehicle may be renewed by mail or	32125
electronic means through the centralized system of registration or	32126
in person at any office of the registrar or at a deputy	32127
registrar's office and shall be preprinted with information	32128
including, but not limited to, the owner's name and residence	32129
address as shown in the records of the bureau of motor vehicles, a	32130
brief description of the motor vehicle to be registered, notice of	32131
the license taxes and fees due on the motor vehicle, the toll-free	32132
telephone number of the registrar as required under division	32133
(D)(1) of section 4503.031 of the Revised Code, and any additional	32134
information the registrar may require by rule. The renewal notice	32135
shall be sent by regular mail to the owner's last known address as	32136
shown in the records of the bureau of motor vehicles.	32137

(2) If the application for renewal of the registration of a	32138
motor vehicle is prohibited from being accepted by the registrar	32139
or a deputy registrar by division (D) of section 2935.27, division	32140
(A) of section 2937.221, division (A) of section 4503.13, division	32141
(B) of section 4507.168, or division (B)(1) of section 4521.10 of	32142
the Revised Code, the registrar is not required to send a renewal	32143
notice to the vehicle owner or vehicle lessee.	32144

(C) The owner of the motor vehicle shall verify the	32145
information contained in the notice, sign it either manually or by	32146
electronic means, and return it, either by mail or electronic	32147
means, or the owner may take it in person to any office of the	32148
registrar or of a deputy registrar, together with a financial	32149
transaction device number, when permitted by rule of the	32150
registrar, check, or money order in the amount of the registration	32151
taxes and fees payable on the motor vehicle and a mail fee of two	32152
dollars and twenty-five cents three dollars commencing on July 1,	32153
2001, three dollars and twenty-five cents commencing on January 1,	32154
2003, and three dollars and fifty cents commencing on January 1,	32155
2004, plus postage as indicated on the notice, if the registration	32156
is renewed by mail, and an inspection certificate for the motor	32157
vehicle as provided in section 3704.14 of the Revised Code. If	32158
the motor vehicle owner chooses to renew the motor vehicle	32159
registration by electronic means, the owner shall proceed in	32160
accordance with the rules the registrar adopts.	32161

(D) If all registration and transfer fees for the motor	32162
vehicle for the preceding year or the preceding period of the	32163
current registration year have not been paid, if division (D) of	32164
section 2935.27, division (A) of section 2937.221, division (A) of	32165
section 4503.13, division (B) of section 4507.168, or division	32166
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	32167
of the renewal notice, or if the owner or lessee does not have an	32168
inspection certificate for the motor vehicle as provided in	32169
section 3704.14 of the Revised Code, if that section is	32170
applicable, the license shall be refused, and the registrar or	32171
deputy registrar shall so notify the owner. This section does not	32172
require the payment of license or registration taxes on a motor	32173
vehicle for any preceding year, or for any preceding period of a	32174
year, if the motor vehicle was not taxable for that preceding year	32175
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	32176
4503.16 or Chapter 4504. of the Revised Code.	32177

(E)(1) Failure to receive a renewal notice does not relieve	32178
a motor vehicle owner from the responsibility to renew the	32179
registration for the motor vehicle. Any person who has a motor	32180
vehicle registered in this state and who does not receive a	32181
renewal notice as provided in division (B) of this section prior	32182
to the expiration date of the registration shall request an	32183
application for registration from the registrar or a deputy	32184
registrar and sign the application manually or by electronic means	32185
and submit the application and pay any applicable license taxes	32186
and fees to the registrar or deputy registrar.	32187

(2) If the owner of a motor vehicle submits an application	32188
for registration and the registrar is prohibited by division (D)	32189
of section 2935.27, division (A) of section 2937.221, division (A)	32190
of section 4503.13, division (B) of section 4507.168, or division	32191
(B)(1) of section 4521.10 of the Revised Code from accepting the	32192
application, the registrar shall return the application and the	32193
payment to the owner. If the owner of a motor vehicle submits a	32194
registration renewal application to the registrar by electronic	32195
means and the registrar is prohibited from accepting the	32196
application as provided in this division, the registrar shall	32197
notify the owner of this fact and deny the application and return	32198
the payment or give a credit on the financial transaction device	32199
account of the owner in the manner the registrar prescribes by	32200
rule adopted pursuant to division (A) of this section.	32201

(F) Every deputy registrar shall post in a prominent place	32202
at the deputy's office a notice informing the public of the mail	32203
registration system required by this section and also shall post a	32204
notice that every owner of a motor vehicle and every chauffeur	32205
holding a certificate of registration is required to notify the	32206
registrar in writing of any change of residence within ten days	32207
after the change occurs. The notice shall be in such form as the	32208
registrar prescribes by rule.	32209

(G) The two dollars and twenty-five cents three dollars fee	32210
collected from July 1, 2001, through December 31, 2002, the three	32211
dollars and twenty-five cents fee collected from January 1, 2003,	32212
through December 31, 2003, and the three dollars and fifty cents	32213
fee collected after January 1, 2004, plus postage and any	32214
financial transaction device surcharge collected by the registrar	32215
for registration by mail, shall be paid to the credit of the state	32216
bureau of motor vehicles fund established by section 4501.25 of	32217
the Revised Code.	32218

(H) Pursuant to section 113.40 of the Revised Code, the	32219
registrar may implement a program permitting payment of motor	32220
vehicle registration taxes and fees, driver's license and	32221
commercial driver's license fees, and any other taxes, fees,	32222
penalties, or charges imposed or levied by the state by means of a	32223
financial transaction device. The registrar may adopt rules as	32224
necessary for this purpose.	32225

(I) For persons who reside in counties where tailpipe	32226
emissions inspections are required under the motor vehicle	32227
inspection and maintenance program, the notice required by	32228
division (B) of this section shall also include the toll-free	32229
telephone number maintained by the Ohio environmental protection	32230
agency to provide information concerning the locations of	32231
emissions testing centers.	32232

Sec. 4503.12.  Upon the transfer of ownership of a motor	32233
vehicle, the registration of the motor vehicle expires and the	32234
original owner immediately shall remove the license plates from	32235
the motor vehicle, except that:	32236

(A) If a statutory merger or consolidation results in the	32237
transfer of ownership of a motor vehicle from a constituent	32238
corporation to the surviving corporation, or if the incorporation	32239
of a proprietorship or partnership results in the transfer of	32240
ownership of a motor vehicle from the proprietorship or	32241
partnership to the corporation, the registration shall be	32242
continued upon the filing by the surviving or new corporation,	32243
within thirty days of such transfer, of an application for an	32244
amended certificate of registration, unless such registration is	32245
prohibited by division (D) of section 2935.27, division (A) of	32246
section 2937.221, division (B) of section 4507.168, or division	32247
(B)(1) of section 4521.10 of the Revised Code. The application	32248
shall be accompanied by a service fee of two dollars and	32249
twenty-five cents three dollars commencing on July 1, 2001, three	32250
dollars and twenty-five cents commencing on January 1, 2003, and	32251
three dollars and fifty cents commencing on January 1, 2004, a	32252
transfer fee of one dollar, and the original certificate of	32253
registration. Upon a proper filing, the registrar of motor	32254
vehicles shall issue an amended certificate of registration in the	32255
name of the new owner.	32256

(B) If the death of the owner of a motor vehicle results in	32257
the transfer of ownership of the motor vehicle to the surviving	32258
spouse of the owner or if a motor vehicle is owned by two persons	32259
under joint ownership with right of survivorship established under	32260
section 2106.17 of the Revised Code and one of those persons dies,	32261
the registration shall be continued upon the filing by the	32262
surviving spouse of an application for an amended certificate of	32263
registration, unless such registration is prohibited by division	32264
(D) of section 2935.27, division (A) of section 2937.221, division	32265
(A) of section 4503.13, division (B) of section 4507.168, or	32266
division (B)(1) of section 4521.10 of the Revised Code. The	32267
application shall be accompanied by a service fee of two dollars	32268
and twenty-five cents three dollars commencing on July 1, 2001,	32269
three dollars and twenty-five cents commencing on January 1, 2003,	32270
and three dollars and fifty cents commencing on January 1, 2004, a	32271
transfer fee of one dollar, the original certificate of	32272
registration, and, in relation to a motor vehicle that is owned by	32273
two persons under joint ownership with right of survivorship	32274
established under section 2106.17 of the Revised Code, by a copy	32275
of the certificate of title that specifies that the vehicle is	32276
owned under joint ownership with right of survivorship. Upon a	32277
proper filing, the registrar shall issue an amended certificate of	32278
registration in the name of the surviving spouse.	32279

(C) If the original owner of a motor vehicle that has been	32280
transferred makes application for the registration of another	32281
motor vehicle at any time during the remainder of the registration	32282
period for which the transferred motor vehicle was registered, the	32283
owner, unless such registration is prohibited by division (D) of	32284
section 2935.27, division (A) of section 2937.221, division (A) of	32285
section 4503.13, division (E) of section 4503.234, division (B) of	32286
section 4507.168, or division (B)(1) of section 4521.10 of the	32287
Revised Code, may file an application for transfer of the	32288
registration and, where applicable, the license plates,	32289
accompanied by a service fee of two dollars and twenty-five cents	32290
three dollars commencing on July 1, 2001, three dollars and	32291
twenty-five cents commencing on January 1, 2003, and three dollars	32292
and fifty cents commencing on January 1, 2004, a transfer fee of	32293
one dollar, and the original certificate of registration. The	32294
transfer of the registration and, where applicable, the license	32295
plates from the motor vehicle for which they originally were	32296
issued to a succeeding motor vehicle purchased by the same person	32297
in whose name the original registration and license plates were	32298
issued shall be done within a period not to exceed thirty days.	32299
During that thirty-day period, the license plates from the motor	32300
vehicle for which they originally were issued may be displayed on	32301
the succeeding motor vehicle, and the succeeding motor vehicle may	32302
be operated on the public roads and highways in this state.	32303

At the time of application for transfer, the registrar shall	32304
compute and collect the amount of tax due on the succeeding motor	32305
vehicle, based upon the amount that would be due on a new	32306
registration as of the date on which the transfer is made less a	32307
credit for the unused portion of the original registration	32308
beginning on that date. If the credit exceeds the amount of tax	32309
due on the new registration, no refund shall be made. In	32310
computing the amount of tax due and credits to be allowed under	32311
this division, the provisions of division (B)(1)(a) and (b) of	32312
section 4503.11 of the Revised Code shall apply. As to passenger	32313
cars, noncommercial vehicles, motor homes, and motorcycles,	32314
transfers within or between these classes of motor vehicles only	32315
shall be allowed. If the succeeding motor vehicle is of a	32316
different class than the motor vehicle for which the registration	32317
originally was issued, new license plates also shall be issued	32318
upon the surrender of the license plates originally issued and	32319
payment of the fees provided in divisions (C) and (D) of section	32320
4503.10 of the Revised Code.	32321

(D) The owner of a commercial car having a gross vehicle	32322
weight or combined gross vehicle weight of more than ten thousand	32323
pounds may transfer the registration of that commercial car to	32324
another commercial car the owner owns without transferring	32325
ownership of the first commercial car, unless registration of the	32326
second commercial car is prohibited by division (D) of section	32327
2935.27, division (A) of section 2937.221, division (A) of section	32328
4503.13, division (B) of section 4507.168, or division (B)(1) of	32329
section 4521.10 of the Revised Code. At any time during the	32330
remainder of the registration period for which the first	32331
commercial car was registered, the owner may file an application	32332
for the transfer of the registration and, where applicable, the	32333
license plates, accompanied by a service fee of two dollars and	32334
twenty-five cents three dollars commencing on July 1, 2001, three	32335
dollars and twenty-five cents commencing on January 1, 2003, and	32336
three dollars and fifty cents commencing on January 1, 2004, a	32337
transfer fee of one dollar, and the certificate of registration of	32338
the first commercial car. The amount of any tax due or credit to	32339
be allowed for a transfer of registration under this division	32340
shall be computed in accordance with division (C) of this section.	32341

No commercial car to which a registration is transferred	32342
under this division shall be operated on a public road or highway	32343
in this state until after the transfer of registration is	32344
completed in accordance with this division.	32345

(E) Upon application to the registrar or a deputy registrar,	32346
a person who owns or leases a motor vehicle may transfer special	32347
license plates assigned to that vehicle to any other vehicle that	32348
the person owns or leases or that is owned or leased by the	32349
person's spouse. The application shall be accompanied by a	32350
service fee of two dollars and twenty-five cents three dollars	32351
commencing on July 1, 2001, three dollars and twenty-five cents	32352
commencing on January 1, 2003, and three dollars and fifty cents	32353
commencing on January 1, 2004, a transfer fee of one dollar, and	32354
the original certificate of registration. As appropriate, the	32355
application also shall be accompanied by a power of attorney for	32356
the registration of a leased vehicle and a written statement	32357
releasing the special plates to the applicant. Upon a proper	32358
filing, the registrar or deputy registrar shall assign the special	32359
license plates to the motor vehicle owned or leased by the	32360
applicant and issue a new certificate of registration for that	32361
motor vehicle.	32362

As used in division (E) of this section, "special license	32363
plates" means either of the following:	32364

(1) Any license plates for which the person to whom the	32365
license plates are issued must pay an additional fee in excess of	32366
the fees prescribed in section 4503.04 of the Revised Code,	32367
Chapter 4504. of the Revised Code, and the service fee prescribed	32368
in division (D) or (G) of section 4503.10 of the Revised Code;	32369

(2) License plates issued under section 4503.44 of the	32370
Revised Code.	32371

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	32372
application and proof of purchase of the vehicle, may be issued a	32373
temporary license placard or windshield sticker for the motor	32374
vehicle.	32375

The purchaser of a vehicle applying for a temporary license	32376
placard or windshield sticker under this section shall execute an	32377
affidavit stating that the purchaser has not been issued	32378
previously during the current registration year a license plate	32379
that could legally be transferred to such vehicle.	32380

Placards or windshield stickers shall be issued only for the	32381
applicant's use of the vehicle to enable the applicant to legally	32382
operate the motor vehicle while proper title, license plates, and	32383
a certificate of registration are being obtained, and shall be	32384
displayed on no other motor vehicle.	32385

Placards or windshield stickers issued under this section are	32386
valid for a period of thirty days from date of issuance and are	32387
not transferable or renewable.	32388

The fee for such placards or windshield stickers is two	32389
dollars plus a fee of two dollars and twenty-five cents three	32390
dollars commencing on July 1, 2001, three dollars and twenty-five	32391
cents commencing on January 1, 2003, and three dollars and fifty	32392
cents commencing on January 1, 2004, for each such placard issued	32393
by a deputy registrar.	32394

(B) The registrar of motor vehicles may issue to a motorized	32395
bicycle dealer or a licensed motor vehicle dealer temporary	32396
license placards to be issued to purchasers for use on vehicles	32397
sold by the licensed dealer, in accordance with rules prescribed	32398
by the registrar. The dealer shall notify the registrar within	32399
forty-eight hours of proof of issuance on a form prescribed by the	32400
registrar.	32401

The fee for each such placard issued by the registrar to a	32402
licensed motor vehicle dealer is two dollars plus a fee of two	32403
dollars and twenty-five cents three dollars commencing on July 1,	32404
2001, three dollars and twenty-five cents commencing on January 1,	32405
2003, and three dollars and fifty cents commencing on January 1,	32406
2004.	32407

(C) The registrar of motor vehicles, at the registrar's	32408
discretion, may issue a temporary license placard. Such a placard	32409
may be issued in the case of extreme hardship encountered by a	32410
citizen from this state or another state who has attempted to	32411
comply with all registration laws, but for extreme circumstances	32412
is unable to properly register the citizen's vehicle.	32413

(D) The registrar shall adopt rules, in accordance with	32414
division (B) of section 111.15 of the Revised Code, to specify the	32415
procedures for reporting the information from applications for	32416
temporary license placards and windshield stickers and for	32417
providing the information from these applications to law	32418
enforcement agencies.	32419

(E) Temporary license placards issued under this section	32420
shall bear a distinctive combination of seven letters, numerals,	32421
or letters and numerals, and shall incorporate a security feature	32422
that, to the greatest degree possible, prevents tampering with any	32423
of the information that is entered upon a placard when it is	32424
issued.	32425

(F) As used in this section, "motorized bicycle dealer"	32426
means any person engaged in the business of selling at retail,	32427
displaying, offering for sale, or dealing in motorized bicycles	32428
who is not subject to section 4503.09 of the Revised Code.	32429

Sec. 4505.061.  If the application for a certificate of title	32430
refers to a motor vehicle last previously registered in another	32431
state, the application shall be accompanied by a physical	32432
inspection certificate issued by the department of public safety	32433
verifying the make, body type, model, and manufacturer's vehicle	32434
identification number of the motor vehicle for which the	32435
certificate of title is desired. The physical inspection	32436
certificate shall be in such form as is designated by the	32437
registrar of motor vehicles. The physical inspection of the motor	32438
vehicle shall be made at a deputy registrar's office, or at an	32439
established place of business operated by a licensed motor vehicle	32440
dealer. Additionally, the physical inspection of a salvage	32441
vehicle owned by an insurance company may be made at an	32442
established place of business operated by a salvage motor vehicle	32443
dealer licensed under Chapter 4738. of the Revised Code. The	32444
deputy registrar, the motor vehicle dealer, or the salvage motor	32445
vehicle dealer may charge a maximum fee of one dollar and fifty	32446
cents three dollars commencing on July 1, 2001, three dollars and	32447
twenty-five cents commencing on January 1, 2003, and three dollars	32448
and fifty cents commencing on January 1, 2004, for conducting the	32449
physical inspection.	32450

The clerk of the court of common pleas shall charge a fee of	32451
one dollar and fifty cents for the processing of each physical	32452
inspection certificate. The clerk shall retain fifty cents of the	32453
one dollar and fifty cents so charged and shall pay the remaining	32454
one dollar to the registrar by monthly returns, which shall be	32455
forwarded to the registrar not later than the fifth day of the	32456
month next succeeding that in which the certificate is received by	32457
the clerk. The registrar shall pay such remaining sums into the	32458
state bureau of motor vehicles fund established by section 4501.25	32459
of the Revised Code.	32460

Sec. 4506.08.  (A) Each application for a commercial	32461
driver's license temporary instruction permit shall be accompanied	32462
by a fee of ten dollars; except as provided in division (B) of	32463
this section, each application for a commercial driver's license,	32464
restricted commercial driver's license, or renewal of such a	32465
license shall be accompanied by a fee of twenty-five dollars; and	32466
each application for a duplicate commercial driver's license shall	32467
be accompanied by a fee of ten dollars. In addition, the	32468
registrar of motor vehicles or deputy registrar may collect and	32469
retain an additional fee of no more than two dollars and	32470
twenty-five cents three dollars commencing on July 1, 2001, three	32471
dollars and twenty-five cents commencing on January 1, 2003, and	32472
three dollars and fifty cents commencing on January 1, 2004, for	32473
each application for a commercial driver's license temporary	32474
instruction permit, commercial driver's license, renewal of a	32475
commercial driver's license, or duplicate commercial driver's	32476
license received by the registrar or deputy. No fee shall be	32477
charged for the annual issuance of a waiver for farm-related	32478
service industries pursuant to section 4506.24 of the Revised	32479
Code.	32480

Each deputy registrar shall transmit the fees collected to	32481
the registrar at the time and in the manner prescribed by the	32482
registrar by rule. The registrar shall pay the fees into the	32483
state highway safety fund established in section 4501.06 of the	32484
Revised Code.	32485

(B) Information regarding the driving record of any person	32486
holding a commercial driver's license issued by this state shall	32487
be furnished by the registrar, upon request and payment of a fee	32488
of three dollars, to the employer or prospective employer of such	32489
a person and to any insurer.	32490

Sec. 4507.23.  (A) Except as provided in division (H) of	32491
this section, each application for a temporary instruction permit	32492
and examination shall be accompanied by a fee of four dollars.	32493

(B) Except as provided in division (H) of this section, each	32494
application for a driver's license made by a person who previously	32495
held such a license and whose license has expired not more than	32496
two years prior to the date of application, and who is required	32497
under this chapter to give an actual demonstration of the person's	32498
ability to drive, shall be accompanied by a fee of three dollars	32499
in addition to any other fees.	32500

(C) Except as provided in divisions (E) and (H) of this	32501
section, each application for a driver's license, or motorcycle	32502
operator's endorsement, or renewal of a driver's license shall be	32503
accompanied by a fee of six dollars. Except as provided in	32504
division (H) of this section, each application for a duplicate	32505
driver's license shall be accompanied by a fee of two dollars and	32506
fifty cents. The duplicate driver's licenses issued under this	32507
section shall be distributed by the deputy registrar in accordance	32508
with rules adopted by the registrar of motor vehicles.	32509

(D) Except as provided in division (H) of this section, each	32510
application for a motorized bicycle license or duplicate thereof	32511
shall be accompanied by a fee of two dollars and fifty cents.	32512

(E) Except as provided in division (H) of this section, each	32513
application for a driver's license or renewal of a driver's	32514
license that will be issued to a person who is less than	32515
twenty-one years of age shall be accompanied by whichever of the	32516
following fees is applicable:	32517

(1) If the person is sixteen years of age or older, but less	32518
than seventeen years of age, a fee of seven dollars and	32519
twenty-five cents;	32520

(2) If the person is seventeen years of age or older, but	32521
less than eighteen years of age, a fee of six dollars;	32522

(3) If the person is eighteen years of age or older, but	32523
less than nineteen years of age, a fee of four dollars and	32524
seventy-five cents;	32525

(4) If the person is nineteen years of age or older, but	32526
less than twenty years of age, a fee of three dollars and fifty	32527
cents;	32528

(5) If the person is twenty years of age or older, but less	32529
than twenty-one years of age, a fee of two dollars and twenty-five	32530
cents.	32531

(F) Neither the registrar nor any deputy registrar shall	32532
charge a fee in excess of one dollar and fifty cents for	32533
laminating a driver's license or, motorized bicycle license, or	32534
temporary instruction permit identification cards as required by	32535
sections 4507.13 and 4511.521 of the Revised Code. A deputy	32536
registrar laminating a driver's license or, motorized bicycle	32537
license, or temporary instruction permit identification cards	32538
shall retain the entire amount of the fee charged for lamination,	32539
less the actual cost to the registrar of the laminating materials	32540
used for that lamination, as specified in the contract executed by	32541
the bureau for the laminating materials and laminating equipment.	32542
The deputy registrar shall forward the amount of the cost of the	32543
laminating materials to the registrar for deposit as provided in	32544
this section.	32545

(G) At the time and in the manner provided by section	32546
4503.10 of the Revised Code, the deputy registrar shall transmit	32547
the fees collected under divisions (A), (B), (C), (D), and (E),	32548
and those portions of the fees specified in and collected under	32549
division (F) of this section to the registrar. The registrar	32550
shall pay two dollars and fifty cents of each fee collected under	32551
divisions (A), (B), (C), (D), and (E)(1) to (4) of this section,	32552
and the entire fee collected under division (E)(5) of this	32553
section, into the state highway safety fund established in section	32554
4501.06 of the Revised Code, and such fees shall be used for the	32555
sole purpose of supporting driver licensing activities. The	32556
remaining fees collected by the registrar under this section shall	32557
be paid into the state bureau of motor vehicles fund established	32558
in section 4501.25 of the Revised Code.	32559

(H) A disabled veteran who has a service-connected	32560
disability rated at one hundred per cent by the veterans'	32561
administration may apply to the registrar or a deputy registrar	32562
for the issuance to that veteran, without the payment of any fee	32563
prescribed in this section, of any of the following items:	32564

(1) A temporary instruction permit and examination;

32565

(2) A new, renewal, or duplicate driver's or commercial	32566
driver's license;	32567

(3) A motorcycle operator's endorsement;

32568

(4) A motorized bicycle license or duplicate thereof;

32569

(5) Lamination of a driver's license or, motorized bicycle	32570
license, or temporary instruction permit identification card as	32571
provided in division (F) of this section, if the circumstances	32572
specified in division (H)(5) of this section are met.	32573

If the driver's license or, motorized bicycle license, or	32574
temporary instruction permit identification card of a disabled	32575
veteran described in division (H) of this section is laminated by	32576
a deputy registrar who is acting as a deputy registrar pursuant to	32577
a contract with the registrar that is in effect on the effective	32578
date of this amendment October 14, 1997, the disabled veteran	32579
shall be required to pay the deputy registrar the lamination fee	32580
provided in division (F) of this section. If the driver's license	32581
or, motorized bicycle license, or temporary instruction permit	32582
identification card of such a disabled veteran is laminated by a	32583
deputy registrar who is acting as a deputy registrar pursuant to a	32584
contract with the registrar that is executed after the effective	32585
date of this amendment October 14, 1997, the disabled veteran is	32586
not required to pay the deputy registrar the lamination fee	32587
provided in division (F) of this section.	32588

A disabled veteran whose driver's license or, motorized	32589
bicycle license, or temporary instruction permit identification	32590
card is laminated by the registrar is not required to pay the	32591
registrar any lamination fee.	32592

An application made under division (H) of this section shall	32593
be accompanied by such documentary evidence of disability as the	32594
registrar may require by rule.	32595

Sec. 4507.24.  (A) Except as provided in division (B) of	32596
this section, each deputy registrar may collect a fee not to	32597
exceed the following:	32598

(1) Three dollars and twenty-five cents Four dollars	32599
commencing on July 1, 2001, four dollars and twenty-five cents	32600
commencing on January 1, 2003, and four dollars and fifty cents	32601
commencing on January 1, 2004, for each application for renewal of	32602
a driver's license received by the deputy registrar, when the	32603
applicant is required to submit to a screening of the applicant's	32604
vision under section 4507.12 of the Revised Code;	32605

(2) Two dollars and twenty-five cents Three dollars	32606
commencing on July 1, 2001, three dollars and twenty-five cents	32607
commencing on January 1, 2003, and three dollars and fifty cents	32608
commencing on January 1, 2004, for each application for a driver's	32609
license, or motorized bicycle license, or for renewal of such a	32610
license, received by the deputy registrar, when the applicant is	32611
not required to submit to a screening of the applicant's vision	32612
under section 4507.12 of the Revised Code.	32613

(B) The fees prescribed by division (A) of this section	32614
shall be in addition to the fee for a temporary instruction permit	32615
and examination, a driver's license, a motorized bicycle license,	32616
or duplicates thereof, and shall compensate the deputy registrar	32617
for the deputy registrar's services, for office and rental	32618
expense, and for costs as provided in division (C) of this	32619
section, as are necessary for the proper discharge of the deputy	32620
registrar's duties under sections 4507.01 to 4507.39 of the	32621
Revised Code.	32622

A disabled veteran who has a service-connected disability	32623
rated at one hundred per cent by the veterans' administration is	32624
required to pay the applicable fee prescribed in division (A) of	32625
this section if the disabled veteran submits an application for a	32626
driver's license or motorized bicycle license or a renewal of	32627
either of these licenses to a deputy registrar who is acting as a	32628
deputy registrar pursuant to a contract with the registrar that is	32629
in effect on the effective date of this amendment. The disabled	32630
veteran also is required to submit with the disabled veteran's	32631
application such documentary evidence of disability as the	32632
registrar may require by rule.	32633

A disabled veteran who submits an application described in	32634
this division is not required to pay either of the fees prescribed	32635
in division (A) of this section if the disabled veteran submits	32636
the application to a deputy registrar who is acting as a deputy	32637
registrar pursuant to a contract with the registrar that is	32638
executed after the effective date of this amendment. The disabled	32639
veteran still is required to submit with the disabled veteran's	32640
application such documentary evidence of disability as the	32641
registrar may require by rule.	32642

A disabled veteran who submits an application described in	32643
this division directly to the registrar is not required to pay	32644
either of the fees prescribed in division (A) of this section if	32645
the disabled veteran submits with the disabled veteran's	32646
application such documentary evidence of disability as the	32647
registrar may require by rule.	32648

(C) Each deputy registrar shall transmit to the registrar of	32649
motor vehicles, at such time and in such manner as the registrar	32650
shall require by rule, an amount of each fee collected under	32651
division (A)(1) of this section as shall be determined by the	32652
registrar. The registrar shall pay all such moneys so received	32653
into the state bureau of motor vehicles fund created in section	32654
4501.25 of the Revised Code.	32655

Sec. 4507.50.  (A) The registrar of motor vehicles or a	32656
deputy registrar, upon receipt of an application filed in	32657
compliance with section 4507.51 of the Revised Code by any person	32658
who is a resident or a temporary resident of this state and,	32659
except as otherwise provided in this section, is not licensed as	32660
an operator of a motor vehicle in this state or another licensing	32661
jurisdiction, and, except as provided in division (B) of this	32662
section, upon receipt of a fee of three dollars and fifty cents,	32663
shall issue an identification card to that person.	32664

Any person who is a resident or temporary resident of this	32665
state whose Ohio driver's or commercial driver's license has been	32666
suspended or revoked, upon application in compliance with section	32667
4507.51 of the Revised Code and, except as provided in division	32668
(B) if of this section, payment of a fee of three dollars and	32669
fifty cents, may be issued a temporary identification card. The	32670
temporary identification card shall be identical to an	32671
identification card, except that it shall be printed on its face	32672
with a statement that the card is valid during the effective dates	32673
of the suspension or revocation of the cardholder's license, or	32674
until the birthday of the cardholder in the fourth year after the	32675
date on which it is issued, whichever is shorter. The cardholder	32676
shall surrender the identification card to the registrar or any	32677
deputy registrar before the cardholder's driver's or commercial	32678
driver's license is restored or reissued.	32679

Except as provided in division (B) of this section, the	32680
deputy registrar shall be allowed a fee of two dollars and	32681
twenty-five cents three dollars commencing on July 1, 2001, three	32682
dollars and twenty-five cents commencing on January 1, 2003, and	32683
three dollars and fifty cents commencing on January 1, 2004, for	32684
each identification card issued under this section. The fee	32685
allowed to the deputy registrar shall be in addition to the fee	32686
for issuing an identification card.	32687

Neither the registrar nor any deputy registrar shall charge a	32688
fee in excess of one dollar and fifty cents for laminating an	32689
identification card or temporary identification card. A deputy	32690
registrar laminating such a card shall retain the entire amount of	32691
the fee charged for lamination, less the actual cost to the	32692
registrar of the laminating materials used for that lamination, as	32693
specified in the contract executed by the bureau for the	32694
laminating materials and laminating equipment. The deputy	32695
registrar shall forward the amount of the cost of the laminating	32696
materials to the registrar for deposit as provided in this	32697
section.	32698

The fee collected for issuing an identification card under	32699
this section, except the fee allowed to the deputy registrar,	32700
shall be paid into the state treasury to the credit of the state	32701
bureau of motor vehicles fund created in section 4501.25 of the	32702
Revised Code.	32703

(B) A disabled veteran who has a service-connected	32704
disability rated at one hundred per cent by the veterans'	32705
administration may apply to the registrar or a deputy registrar	32706
for the issuance to that veteran of an identification card or a	32707
temporary identification card under this section without payment	32708
of any fee prescribed in division (A) of this section, including	32709
any lamination fee.	32710

If the identification card or temporary identification card	32711
of a disabled veteran described in this division is laminated by a	32712
deputy registrar who is acting as a deputy registrar pursuant to a	32713
contract with the registrar that is in effect on the effective	32714
date of this amendment, the disabled veteran shall pay the deputy	32715
registrar the lamination fee prescribed in division (A) of this	32716
section. If the identification card or temporary identification	32717
card is laminated by a deputy registrar who is acting as a deputy	32718
registrar pursuant to a contract with the registrar that is	32719
executed after the effective date of this amendment July 29, 1998,	32720
the disabled veteran is not required to pay the deputy registrar	32721
the lamination fee prescribed in division (A) of this section.	32722

A disabled veteran whose identification card or temporary	32723
identification card is laminated by the registrar is not required	32724
to pay the registrar any lamination fee.	32725

An application made under division (A) of this section shall	32726
be accompanied by such documentary evidence of disability as the	32727
registrar may require by rule.	32728

Sec. 4507.52.  Each identification card issued by the	32729
registrar of motor vehicles or a deputy registrar shall display a	32730
distinguishing number assigned to the cardholder, and shall	32731
display the following inscription:	32732

"STATE OF OHIO IDENTIFICATION CARD

32733

This card is not valid for the purpose of operating a motor	32734
vehicle. It is provided solely for the purpose of establishing	32735
the identity of the bearer described on the card, who currently is	32736
not licensed to operate a motor vehicle in the state of Ohio."	32737

The identification card shall display substantially the same	32738
information as contained in the application and as described in	32739
division (A)(1) of section 4507.51 of the Revised Code, including	32740
the cardholder's social security number unless the cardholder	32741
specifically requests that the cardholder's social security number	32742
not be displayed on the card. If federal law requires the	32743
cardholder's social security number to be displayed on the	32744
identification card, the social security number shall be displayed	32745
on the card notwithstanding a request to not display the number	32746
pursuant to this section. The identification card also shall	32747
display the color photograph of the cardholder. If the cardholder	32748
has executed a durable power of attorney for health care or a	32749
declaration governing the use or continuation, or the withholding	32750
or withdrawal, of life-sustaining treatment and has specified that	32751
the cardholder wishes the identification card to indicate that the	32752
cardholder has executed either type of instrument, the card also	32753
shall display any symbol chosen by the registrar to indicate that	32754
the cardholder has executed either type of instrument. The card	32755
shall be sealed in transparent plastic or similar material and	32756
shall be so designed as to prevent its reproduction or alteration	32757
without ready detection.	32758

The identification card for persons under twenty-one years of	32759
age shall have characteristics prescribed by the registrar	32760
distinguishing it from that issued to a person who is twenty-one	32761
years of age or older, except that an identification card issued	32762
to a person who applies no more than thirty days before the	32763
applicant's twenty-first birthday shall have the characteristics	32764
of an identification card issued to a person who is twenty-one	32765
years of age or older.	32766

Every identification card issued to a resident of this state	32767
shall expire, unless canceled or surrendered earlier, on the	32768
birthday of the cardholder in the fourth year after the date on	32769
which it is issued. Every identification card issued to a	32770
temporary resident shall expire in accordance with rules adopted	32771
by the registrar and is nonrenewable, but may be replaced with a	32772
new identification card upon the applicant's compliance with all	32773
applicable requirements. A cardholder may renew the cardholder's	32774
identification card within ninety days prior to the day on which	32775
it expires by filing an application and paying the prescribed fee	32776
in accordance with section 4507.50 of the Revised Code.	32777

If a cardholder applies for a driver's or commercial driver's	32778
license in this state or another licensing jurisdiction, the	32779
cardholder shall surrender the cardholder's identification card to	32780
the registrar or any deputy registrar before the license is	32781
issued.	32782

If a card is lost, destroyed, or mutilated, the person to	32783
whom the card was issued may obtain a duplicate by doing both of	32784
the following:	32785

(A) Furnishing suitable proof of the loss, destruction, or	32786
mutilation to the registrar or a deputy registrar;	32787

(B) Filing an application and presenting documentary	32788
evidence under section 4507.51 of the Revised Code.	32789

Any person who loses a card and, after obtaining a duplicate,	32790
finds the original, immediately shall surrender the original to	32791
the registrar or a deputy registrar.	32792

A cardholder may obtain a replacement identification card	32793
that reflects any change of the cardholder's name by furnishing	32794
suitable proof of the change to the registrar or a deputy	32795
registrar and surrendering the cardholder's existing card.	32796

When a cardholder applies for a duplicate or obtains a	32797
replacement identification card, the cardholder shall pay a fee of	32798
two dollars and fifty cents. A deputy registrar shall be allowed	32799
an additional fee of two three dollars commencing on July 1, 2001,	32800
three dollars and twenty-five cents commencing on January 1, 2003,	32801
and three dollars and fifty cents commencing on January 1, 2004,	32802
for issuing a duplicate or replacement identification card. A	32803
disabled veteran who is a cardholder and has a service-connected	32804
disability rated at one hundred per cent by the veterans'	32805
administration may apply to the registrar or a deputy registrar	32806
for the issuance of a duplicate or replacement identification card	32807
without payment of any fee prescribed in this section, and without	32808
payment of any lamination fee if the disabled veteran would not be	32809
required to pay a lamination fee in connection with the issuance	32810
of an identification card or temporary identification card as	32811
provided in division (B) of section 4507.50 of the Revised Code.	32812

A duplicate or replacement identification card shall expire	32813
on the same date as the card it replaces.	32814

The registrar shall cancel any card upon determining that the	32815
card was obtained unlawfully, issued in error, or was altered. The	32816
registrar also shall cancel any card that is surrendered to the	32817
registrar or to a deputy registrar after the holder has obtained a	32818
duplicate, replacement, or driver's or commercial driver's	32819
license.	32820

No agent of the state or its political subdivisions shall	32821
condition the granting of any benefit, service, right, or	32822
privilege upon the possession by any person of an identification	32823
card. Nothing in this section shall preclude any publicly	32824
operated or franchised transit system from using an identification	32825
card for the purpose of granting benefits or services of the	32826
system.	32827

No person shall be required to apply for, carry, or possess	32828
an identification card.	32829

(C) Except in regard to an identification card issued to a	32830
person who applies no more than thirty days before the applicant's	32831
twenty-first birthday, neither the registrar nor any deputy	32832
registrar shall issue an identification card to a person under	32833
twenty-one years of age that does not have the characteristics	32834
prescribed by the registrar distinguishing it from the	32835
identification card issued to persons who are twenty-one years of	32836
age or older.	32837

Sec. 4511.81.  (A) When any child who is in either or both	32838
of the following categories is being transported in a motor	32839
vehicle, other than a taxicab or public safety vehicle as defined	32840
in section 4511.01 of the Revised Code, that is registered in this	32841
state and is required by the United States department of	32842
transportation to be equipped with seat belts at the time of	32843
manufacture or assembly, the operator of the motor vehicle shall	32844
have the child properly secured in accordance with the	32845
manufacturer's instructions in a child restraint system that meets	32846
federal motor vehicle safety standards:	32847

(1) A child who is less than four years of age;

32848

(2) A child who weighs less than forty pounds.

32849

(B) When any child who is in either or both of the following	32850
categories is being transported in a motor vehicle, other than a	32851
taxicab, that is registered in this state and is owned, leased, or	32852
otherwise under the control of a nursery school, kindergarten, or	32853
day-care center, the operator of the motor vehicle shall have the	32854
child properly secured in accordance with the manufacturer's	32855
instructions in a child restraint system that meets federal motor	32856
vehicle safety standards:	32857

(1) A child who is less than four years of age;

32858

(2) A child who weighs less than forty pounds.

32859

(C) The director of public safety shall adopt such rules as	32860
are necessary to carry out this section.	32861

(D) The failure of an operator of a motor vehicle to secure	32862
a child in a child restraint system as required by this section is	32863
not negligence imputable to the child, is not admissible as	32864
evidence in any civil action involving the rights of the child	32865
against any other person allegedly liable for injuries to the	32866
child, is not to be used as a basis for a criminal prosecution of	32867
the operator of the motor vehicle other than a prosecution for a	32868
violation of this section, and is not admissible as evidence in	32869
any criminal action involving the operator of the motor vehicle	32870
other than a prosecution for a violation of this section.	32871

(E) This section does not apply when an emergency exists	32872
that threatens the life of any person operating a motor vehicle	32873
and to whom this section otherwise would apply or the life of any	32874
child who otherwise would be required to be restrained under this	32875
section.	32876

(F) If a person who is not a resident of this state is	32877
charged with a violation of division (A) or (B) of this section	32878
and does not prove to the court, by a preponderance of the	32879
evidence, that the person's use or nonuse of a child restraint	32880
system was in accordance with the law of the state of which the	32881
person is a resident, the court shall impose the fine levied by	32882
division (H)(2) of section 4511.99 of the Revised Code.	32883

(G) There is hereby created in the state treasury the "child	32884
highway safety fund," consisting of fines imposed pursuant to	32885
divisions (H)(1) and (2) of section 4511.99 of the Revised Code	32886
for violations of divisions (A) and (B) of this section. The	32887
money in the fund shall be used by the department of health only	32888
to defray the cost of verifying designating hospitals as pediatric	32889
trauma centers under section 3702.161 3727.081 of the Revised Code	32890
and to establish and administer a child highway safety program.	32891
The purpose of the program shall be to educate the public about	32892
child restraint systems generally and the importance of their	32893
proper use. The program also shall include a process for	32894
providing child restraint systems to persons who meet the	32895
eligibility criteria established by the department, and a	32896
toll-free telephone number the public may utilize to obtain	32897
information about child restraint systems and their proper use.	32898

The director of health, in accordance with Chapter 119. of	32899
the Revised Code, shall adopt any rules necessary to carry out	32900
this section, including rules establishing the criteria a person	32901
must meet in order to receive a child restraint system under the	32902
department's child restraint system program; provided that rules	32903
relating to the verification of pediatric trauma centers shall not	32904
be adopted under this section.	32905

Sec. 4519.03.  (A) The owner of every snowmobile,	32906
off-highway motorcycle, and all-purpose vehicle required to be	32907
registered under section 4519.02 of the Revised Code shall file an	32908
application for registration with the registrar of motor vehicles	32909
or a deputy registrar, on blanks furnished by the registrar for	32910
that purpose and containing all of the following information:	32911

(1) A brief description of the snowmobile, off-highway	32912
motorcycle, or all-purpose vehicle, including the name of the	32913
manufacturer, the factory or model number, and the vehicle	32914
identification number;	32915

(2) The name, residence, and business address of the owner;

32916

(3) A statement that the snowmobile, off-highway motorcycle,	32917
or all-purpose vehicle is equipped as required by section 4519.20	32918
of the Revised Code, and any rule adopted thereunder. The	32919
statement shall include a check list of the required equipment	32920
items in such form as the registrar shall prescribe.	32921

The application shall be signed by the owner of the	32922
snowmobile, off-highway motorcycle, or all-purpose vehicle and	32923
shall be accompanied by a fee as provided in division (C) of	32924
section 4519.04 of the Revised Code.	32925

If the application is not in proper form, or if the vehicle	32926
for which registration is sought does not appear to be equipped as	32927
required by section 4519.20 of the Revised Code or any rule	32928
adopted thereunder, the registration shall be refused and no	32929
registration sticker shall be issued.	32930

(B) On and after the effective date of this amendment July	32931
1, 1999, no certificate of registration or renewal of such a	32932
certificate shall be issued for an off-highway motorcycle or	32933
all-purpose vehicle required to be registered under section	32934
4519.02 of the Revised Code, and no certificate of registration	32935
issued under this chapter for an off-highway motorcycle or	32936
all-purpose vehicle that is sold or otherwise transferred shall be	32937
transferred to the new owner of the off-highway motorcycle or	32938
all-purpose vehicle as permitted by division (B) of section	32939
4519.05 of the Revised Code, unless a certificate of title has	32940
been issued under this chapter for the motorcycle or vehicle, and	32941
the owner or new owner, as the case may be, presents the	32942
certificate of title or a memorandum certificate of title for	32943
inspection at the time the owner or new owner first submits a	32944
registration application, registration renewal application, or	32945
registration transfer application for the motorcycle or vehicle on	32946
or after the effective date of this amendment July 1, 1999.	32947

(C) When the owner of an off-highway motorcycle or	32948
all-purpose vehicle first registers it in the owner's name, and a	32949
certificate of title has been issued for the motorcycle or	32950
vehicle, the owner shall present for inspection a certificate of	32951
title or memorandum certificate of title showing title to the	32952
off-highway motorcycle or all-purpose vehicle in the name of the	32953
owner. If, when the owner of such a motorcycle or vehicle first	32954
makes application to register it in the owner's name, the	32955
application is not in proper form or if the certificate of title	32956
or memorandum certificate of title does not accompany the	32957
registration, the registration shall be refused and neither a	32958
certificate of registration nor a registration sticker shall be	32959
issued. When a certificate of registration and registration	32960
sticker are issued upon the first registration of an off-highway	32961
motorcycle or all-purpose vehicle by or on behalf of the owner,	32962
the official issuing them shall indicate the issuance with a stamp	32963
on the certificate of title or memorandum certificate of title.	32964

(D) Each deputy registrar shall be allowed a fee of two	32965
dollars and twenty-five cents three dollars commencing on July 1,	32966
2001, three dollars and twenty-five cents commencing on January 1,	32967
2003, and three dollars and fifty cents commencing on January 1,	32968
2004, for each application or renewal application received by the	32969
deputy registrar, which shall be for the purpose of compensating	32970
the deputy registrar for services, and office and rental expense,	32971
as may be necessary for the proper discharge of the deputy	32972
registrar's duties in the receiving of applications and the	32973
issuing of certificates of registration.	32974

Each deputy registrar, upon receipt of any application for	32975
registration, together with the registration fee, shall transmit	32976
the fee, together with the original and duplicate copy of the	32977
application, to the registrar in such manner and at such times as	32978
the registrar, subject to the approval of the director of public	32979
safety and the treasurer of state, shall prescribe by rule.	32980

Sec. 4519.10.  (A) The purchaser of an off-highway	32981
motorcycle or all-purpose vehicle, upon application and proof of	32982
purchase, may obtain a temporary license placard for it. The	32983
application for such a placard shall be signed by the purchaser of	32984
the off-highway motorcycle or all-purpose vehicle. The temporary	32985
license placard shall be issued only for the applicant's use of	32986
the off-highway motorcycle or all-purpose vehicle to enable the	32987
applicant to operate it legally while proper title and a	32988
registration sticker are being obtained and shall be displayed on	32989
no other off-highway motorcycle or all-purpose vehicle. A	32990
temporary license placard issued under this section shall be in a	32991
form prescribed by the registrar of motor vehicles, shall differ	32992
in some distinctive manner from a placard issued under section	32993
4503.182 of the Revised Code, shall be valid for a period of	32994
thirty days from the date of issuance, and shall not be	32995
transferable or renewable. The placard either shall consist of or	32996
be coated with such material as will enable it to remain legible	32997
and relatively intact despite the environmental conditions to	32998
which the placard is likely to be exposed during the thirty-day	32999
period for which it is valid. The purchaser of an off-highway	33000
motorcycle or all-purpose vehicle shall attach the temporary	33001
license placard to it, in a manner prescribed by rules the	33002
registrar shall adopt, so that the placard numerals or letters are	33003
clearly visible.	33004

The fee for a temporary license placard issued under this	33005
section shall be two dollars. If the placard is issued by a	33006
deputy registrar, the deputy registrar shall charge an additional	33007
fee of two dollars and twenty-five cents three dollars commencing	33008
on July 1, 2001, three dollars and twenty-five cents commencing on	33009
January 1, 2003, and three dollars and fifty cents commencing on	33010
January 1, 2004, which the deputy registrar shall retain. The	33011
deputy registrar shall transmit each two-dollar fee received by	33012
the deputy registrar under this section to the registrar, who	33013
shall pay the two dollars to the treasurer of state for deposit	33014
into the state bureau of motor vehicles fund established by	33015
section 4501.25 of the Revised Code.	33016

(B) The registrar may issue temporary license placards to a	33017
dealer to be issued to purchasers for use on vehicles sold by the	33018
dealer, in accordance with rules prescribed by the registrar. The	33019
dealer shall notify the registrar within forty-eight hours of	33020
proof of issuance on a form prescribed by the registrar.	33021

The fee for each such placard issued by the registrar to a	33022
dealer shall be two dollars plus a fee of two dollars and	33023
twenty-five cents.	33024

Sec. 4519.56.  (A) An application for a certificate of title	33025
shall be sworn to before a notary public or other officer	33026
empowered to administer oaths by the lawful owner or purchaser of	33027
the off-highway motorcycle or all-purpose vehicle and shall	33028
contain at least the following information in a form and together	33029
with any other information the registrar of motor vehicles may	33030
require:	33031

(1) Name, address, and social security number or employer's	33032
tax identification number of the applicant;	33033

(2) Statement of how the off-highway motorcycle or	33034
all-purpose vehicle was acquired;	33035

(3) Name and address of the previous owner;

33036

(4) A statement of all liens, mortgages, or other	33037
encumbrances on the off-highway motorcycle or all-purpose vehicle,	33038
and the name and address of each holder thereof;	33039

(5) If there are no outstanding liens, mortgages, or other	33040
encumbrances, a statement of that fact;	33041

(6) A description of the off-highway motorcycle or	33042
all-purpose vehicle, including the make, year, series or model, if	33043
any, body type, and manufacturer's vehicle identification number.	33044

If the off-highway motorcycle or all-purpose vehicle contains	33045
a permanent identification number placed thereon by the	33046
manufacturer, this number shall be used as the vehicle	33047
identification number. Except as provided in division (B) of this	33048
section, if the application for a certificate of title refers to	33049
an off-highway motorcycle or all-purpose vehicle that contains	33050
such a permanent identification number, but for which no	33051
certificate of title has been issued previously by this state, the	33052
application shall be accompanied by a physical inspection	33053
certificate as described in that division.	33054

If there is no manufacturer's vehicle identification number	33055
or if the manufacturer's vehicle identification number has been	33056
removed or obliterated, the registrar, upon receipt of a	33057
prescribed application and proof of ownership, but prior to	33058
issuance of a certificate of title, shall assign a vehicle	33059
identification number for the off-highway motorcycle or	33060
all-purpose vehicle. This assigned vehicle identification number	33061
shall be permanently affixed to or imprinted upon the off-highway	33062
motorcycle or all-purpose vehicle by the state highway patrol. The	33063
state highway patrol shall assess a fee of fifty dollars for	33064
affixing the number to the off-highway motorcycle or all-purpose	33065
vehicle and shall deposit each such fee in the state highway	33066
safety fund established by section 4501.06 of the Revised Code.	33067

(B) Except in the case of a new off-highway motorcycle or	33068
all-purpose vehicle sold by a dealer licensed under Chapter 4517.	33069
of the Revised Code title to which is evidenced by a	33070
manufacturer's or importer's certificate, if the application for a	33071
certificate of title refers to an off-highway motorcycle or	33072
all-purpose vehicle that contains a permanent identification	33073
number placed thereon by the manufacturer, but for which no	33074
certificate of title previously has been issued by this state, the	33075
application shall be accompanied by a physical inspection	33076
certificate issued by the department of public safety verifying	33077
the make, year, series or model, if any, body type, and	33078
manufacturer's vehicle identification number of the off-highway	33079
motorcycle or all-purpose vehicle for which the certificate of	33080
title is desired. The physical inspection certificate shall be in	33081
such form as is designated by the registrar. The physical	33082
inspection shall be made at a deputy registrar's office or at an	33083
established place of business operated by a licensed motor vehicle	33084
dealer. The deputy registrar or motor vehicle dealer may charge a	33085
maximum fee of one dollar and fifty cents three dollars commencing	33086
on July 1, 2001, three dollars and twenty-five cents commencing on	33087
January 1, 2003, and three dollars and fifty cents commencing on	33088
January 1, 2004, for conducting the physical inspection.	33089

The clerk of the court of common pleas shall charge a fee of	33090
one dollar and fifty cents for the processing of each physical	33091
inspection certificate. The clerk shall retain fifty cents of the	33092
one dollar and fifty cents so charged and shall pay the remaining	33093
one dollar to the registrar by monthly returns, which shall be	33094
forwarded to the registrar not later than the fifth day of the	33095
month next succeeding that in which the certificate is received by	33096
the clerk. The registrar shall pay such remaining sums into the	33097
state bureau of motor vehicles fund established by section 4501.25	33098
of the Revised Code.	33099

Sec. 4519.69.  If the application for a certificate of title	33100
refers to an off-highway motorcycle or all-purpose vehicle last	33101
previously registered in another state, the application shall be	33102
accompanied by a physical inspection certificate issued by the	33103
department of public safety verifying the make, year, series or	33104
model, if any, body type, and manufacturer's identification number	33105
of the off-highway motorcycle or all-purpose vehicle for which the	33106
certificate of title is desired. The physical inspection	33107
certificate shall be in such form as is designated by the	33108
registrar of motor vehicles. The physical inspection of the	33109
off-highway motorcycle or all-purpose vehicle shall be made at a	33110
deputy registrar's office, or at an established place of business	33111
operated by a licensed motor vehicle dealer. Additionally, the	33112
physical inspection of a salvage off-highway motorcycle or	33113
all-purpose vehicle owned by an insurance company may be made at	33114
an established place of business operated by a salvage motor	33115
vehicle dealer licensed under Chapter 4738. of the Revised Code.	33116
The deputy registrar, the motor vehicle dealer, or the salvage	33117
motor vehicle dealer may charge a maximum fee of one dollar and	33118
fifty cents three dollars commencing on July 1, 2001, three	33119
dollars and twenty-five cents commencing on January 1, 2003, and	33120
three dollars and fifty cents commencing on January 1, 2004, for	33121
conducting the physical inspection.	33122

The clerk of the court of common pleas shall charge a fee of	33123
one dollar and fifty cents for the processing of each physical	33124
inspection certificate. The clerk shall retain fifty cents of the	33125
one dollar and fifty cents so charged and shall pay the remaining	33126
one dollar to the registrar by monthly returns, which shall be	33127
forwarded to the registrar not later than the fifth day of the	33128
month next succeeding that in which the certificate is received by	33129
the clerk. The registrar shall pay such remaining sums into the	33130
state treasury to the credit of the state bureau of motor vehicles	33131
fund established in section 4501.25 of the Revised Code.	33132

Sec. 4701.10.  (A) The accountancy board, upon application,	33133
shall issue Ohio permits to practice public accounting to holders	33134
of the CPA certificate of certified public accountant issued under	33135
section 4701.06 or 4701.061 of the Revised Code and to persons	33136
registered under sections 4701.07 and 4701.09 of the Revised Code	33137
or the PA registration. Subject to division (D)(H)(1) of this	33138
section, there shall be a triennial Ohio permit fee in an amount	33139
to be determined by the board not to exceed one hundred fifty	33140
dollars. All Ohio permits shall expire on the last day of	33141
December of the year assigned by the board and, subject to	33142
division (D)(H)(1) of this section, shall be renewed triennially	33143
for a period of three years by certificate holders and registrants	33144
in good standing upon payment of a triennial renewal fee not to	33145
exceed one hundred fifty dollars. For the purpose of implementing	33146
this section and enforcing section 4701.11 of the Revised Code,	33147
the board may issue an Ohio permit for less than three years'	33148
duration. A prorated fee shall be determined by the board for	33149
that Ohio permit.	33150

(B) The accountancy board may issue Ohio registrations to	33151
holders of the CPA certificate and the PA registration who are not	33152
engaged in the practice of public accounting. Such persons shall	33153
not convey to the general public that they are actively engaged in	33154
the practice of public accounting in this state. Subject to	33155
division (H)(1) of this section, there shall be a triennial Ohio	33156
registration fee in an amount to be determined by the board but	33157
not exceeding fifty-five dollars. All Ohio registrations shall	33158
expire on the last day of December of the year assigned by the	33159
board and, subject to division (H)(1) of this section, shall be	33160
renewed triennially for a period of three years upon payment by	33161
certificate holders and registrants in good standing of a renewal	33162
fee not to exceed fifty-five dollars.	33163

(C) Any person who receives a CPA certificate and who	33164
applies for an initial Ohio permit or Ohio registration more than	33165
sixty days after issuance of the CPA certificate may, at the	33166
board's discretion, be subject to a late filing fee not exceeding	33167
one hundred dollars.	33168

(D) Any person to whom the board has issued an Ohio permit	33169
who is engaged in the practice of public accounting and who fails	33170
to renew the permit by the expiration date shall be subject to a	33171
late filing fee not exceeding one hundred dollars for each full	33172
month or part of a month after the expiration date in which such	33173
person did not possess a permit, up to a maximum of one thousand	33174
two hundred dollars. The board may waive or reduce the late	33175
filing fee for just cause upon receipt of a written request from	33176
such person.	33177

(E) Any person to whom the board has issued an Ohio permit	33178
or Ohio registration who is not engaged in the practice of public	33179
accounting and who fails to renew the permit or registration by	33180
the expiration date shall be subject to a late filing fee not	33181
exceeding fifty dollars for each full month or part of a month	33182
after the expiration date in which such person did not possess a	33183
permit or registration, up to a maximum of three hundred dollars.	33184
The board may waive or reduce the late filing fee for just cause	33185
upon receipt of a written request from such person.	33186

(F) Failure of any a CPA certificate holder or registrant PA	33187
registration holder to apply for a triennial either an Ohio permit	33188
to practice or an Ohio registration within three years one year	33189
from the expiration date of the Ohio permit to practice or Ohio	33190
registration last obtained or renewed, or three years one year	33191
from the date upon which the CPA certificate holder or registrant	33192
was granted a CPA certificate or registration, shall result in	33193
suspension of the CPA certificate or PA registration until all	33194
fees required under divisions (D) and (E) of this section have	33195
been paid, unless the board determines the failure to have been	33196
due to excusable neglect. In that case, the renewal fee or the	33197
fee for the issuance or renewal of the original Ohio permit or	33198
Ohio registration, as the case may be, shall be the amount that	33199
the board shall determine, but not in excess of fifty dollars plus	33200
the fee for each triennial period or part of a period the	33201
certificate holder or registrant did not have either an Ohio	33202
permit or an Ohio registration.	33203

(B) All certificate holders and registrants who are not in	33204
the practice of public accounting in this state shall register	33205
with the board every three years at a fee, not to exceed	33206
fifty-five dollars, established by the board. Such persons shall	33207
not convey to the general public that they are actively engaged in	33208
the practice of public accounting in this state.	33209

(C)(G) The board shall suspend the certificate or	33210
registration of any person failing to obtain an Ohio permit in	33211
accordance with this section, except that the board by rule may	33212
exempt persons from the requirement of holding an Ohio permit or	33213
Ohio registration for specified reasons, including, but not	33214
limited to, retirement, health reasons, military service, foreign	33215
residency, or other just cause.	33216

(D)(H)(1) On and after January 1, 1995, the The board, by	33217
rule adopted in accordance with Chapter 119. of the Revised Code,	33218
shall increase:	33219

(a) May provide for the issuance of Ohio permits and Ohio	33220
registrations for less than three years' duration at prorated	33221
fees;	33222

(b) Shall add a surcharge to the triennial Ohio permit and	33223
renewal Ohio registration fee imposed pursuant to this section by	33224
of at least fifteen dollars but no more than thirty dollars for a	33225
three-year Ohio permit or Ohio registration, at least ten dollars	33226
but no more than twenty dollars for a two-year Ohio permit or Ohio	33227
registration, and at least five dollars but no more than ten	33228
dollars for a one-year Ohio permit or Ohio registration.	33229

(2) Beginning with the first quarter of 1995 and each Each	33230
quarter thereafter, the board, for the purpose provided in section	33231
4743.05 of the Revised Code, shall certify to the director of	33232
budget and management the number of triennial Ohio permits and	33233
Ohio registrations issued or renewed under this chapter during the	33234
preceding quarter and the amount equal to that number times the	33235
amount by which of the triennial surcharge added to each Ohio	33236
permit and renewal Ohio registration fee is increased by the board	33237
under division (D)(H)(1) of this section.	33238

Sec. 4701.16.  (A) After notice and hearing as provided in	33239
Chapter 119. of the Revised Code, the accountancy board may	33240
discipline as described in division (B) of this section a person	33241
holding an Ohio permit, an Ohio registration, a firm registration,	33242
a CPA certificate, or a PA registration or any other person whose	33243
activities are regulated by the board for any one or any	33244
combination of the following causes:	33245

(1) Fraud or deceit in obtaining a firm registration or in	33246
obtaining a CPA certificate, a PA registration, an Ohio permit, or	33247
an Ohio registration;	33248

(2) Dishonesty, fraud, or gross negligence in the practice	33249
of public accounting;	33250

(3) Violation of any of the provisions of section 4701.14 of	33251
the Revised Code;	33252

(4) Violation of a rule of professional conduct promulgated	33253
by the board under the authority granted by this chapter;	33254

(5) Conviction of a felony under the laws of any state or of	33255
the United States;	33256

(6) Conviction of any crime, an element of which is	33257
dishonesty or fraud, under the laws of any state or of the United	33258
States;	33259

(7) Cancellation, revocation, suspension, or refusal to	33260
renew authority to practice as a certified public accountant, a	33261
public accountant, or a public accounting firm by any other state,	33262
for any cause other than failure to pay registration fees in that	33263
other state;	33264

(8) Suspension or revocation of the right to practice before	33265
any state or federal agency;	33266

(9) Failure of a holder of a CPA certificate or PA	33267
registration to obtain an Ohio permit or an Ohio registration, or	33268
the failure of a public accounting firm to obtain a firm	33269
registration;	33270

(10) Conduct discreditable to the public accounting	33271
profession or to the holder of an Ohio permit, Ohio registration,	33272
or foreign certificate;	33273

(11) Failure of a public accounting firm to comply with	33274
section 4701.04 of the Revised Code.	33275

(B) For any of the reasons specified in division (A) of this	33276
section, the board may do any of the following:	33277

(1) Revoke, suspend, or refuse to renew any CPA certificate	33278
or PA registration or any Ohio permit, Ohio registration, or firm	33279
registration;	33280

(2) Disqualify a person who is not a holder of an Ohio	33281
permit or a foreign certificate from owning an equity interest in	33282
a public accounting firm or qualified firm;	33283

(3) Publicly censure a registered firm or a holder of a CPA	33284
certificate, a PA registration, an Ohio permit, or an Ohio	33285
registration;	33286

(4) Levy against a registered firm or a holder of a CPA	33287
certificate, a PA registration, an Ohio permit, or an Ohio	33288
registration a penalty or fine not to exceed one five thousand	33289
dollars for each offense. Any fine shall be reasonable and in	33290
relation to the severity of the offense.	33291

(5) In the case of violations of division (A)(2) or (4) of	33292
this section, require completion of remedial continuing education	33293
programs prescribed by the board in addition to those required by	33294
section 4701.11 of the Revised Code;	33295

(6) In the case of violations of division (A)(2) or (4) of	33296
this section, require the holder of a CPA certificate, PA	33297
registration, or firm registration to submit to a peer review by a	33298
professional committee designated by the board, which committee	33299
shall report to the board concerning that holder's compliance with	33300
generally accepted accounting principles, generally accepted	33301
auditing standards, or other generally accepted technical	33302
standards;	33303

(7) Revoke or suspend the privileges to offer or render	33304
attest services in this state or to use a CPA title or designation	33305
in this state of an individual who holds a foreign certificate.	33306

(C) If the board levies a fine against or suspends the	33307
certificate of a person or registration of a person or firm for a	33308
violation of division (A)(2) or (4) of this section, it may waive	33309
all or any portion of the fine or suspension if the holder of the	33310
CPA certificate, PA registration, or firm registration complies	33311
fully with division (B)(5) or (6) of this section.	33312

Sec. 4707.01.  As used in sections 4707.01 to 4707.22 and	33313
4707.99 of the Revised Code:	33314

(A) "Auction" means a sale of real or personal property,	33315
goods, or chattels by means of verbal exchange or physical gesture	33316
between an auctioneer or apprentice auctioneer and members of his	33317
the audience, the exchanges and gestures consisting of a series of	33318
invitations for offers made by the auctioneer and offers by	33319
members of the audience, with the right to acceptance of offers	33320
with the auctioneer or apprentice auctioneer.	33321

(B) "Auctioneer" means any person who engages, or who by	33322
advertising or otherwise holds himself self out as being able to	33323
engage, in the calling for, recognition of, and the acceptance of,	33324
offers for the purchase of real or personal property, goods, or	33325
chattels at auction either directly or through the use of other	33326
licensed auctioneers or apprentice auctioneers.	33327

(C) "Apprentice auctioneer" means any individual who is	33328
sponsored by an auctioneer to deal or engage in any activities	33329
mentioned in division (A) of this section.	33330

(D) "Auction company" means any person, excluding licensed	33331
auctioneers, who does business solely in his the auctioneer's	33332
individual name, who sells, either directly or through agents,	33333
real or personal property, goods, or chattels at auction, or who	33334
arranges, sponsors, manages, conducts, or advertises auctions and	33335
who was licensed as an auction company by the department of	33336
commerce agriculture as of May 1, 1991. An auction company does	33337
not mean either of the following:	33338

(1) A sale barn or livestock auction market that is used	33339
exclusively for the auctioneering of livestock and is licensed by	33340
the department of agriculture under Chapter 943. of the Revised	33341
Code;	33342

(2) A business that is licensed by the bureau of motor	33343
vehicles under Chapter 4517. of the Revised Code and is	33344
exclusively engaged in the auction sale of motor vehicles to	33345
dealers licensed by either the bureau of motor vehicles or a	33346
bureau of motor vehicles of another jurisdiction or its	33347
equivalent.	33348

(E) "Special auctioneer" means any person who is licensed as	33349
an auction company by the department of commerce agriculture as of	33350
May 1, 1991, and currently is subject to section 4707.071 of the	33351
Revised Code.	33352

Sec. 4707.011.  The department of commerce agriculture shall	33353
administer this chapter through the division of real estate and	33354
professional licensing and the superintendent of real estate and	33355
professional licensing.	33356

Sec. 4707.02.  No person shall act as an auctioneer,	33357
apprentice auctioneer, or special auctioneer within this state	33358
without a license issued by the department of commerce	33359
agriculture. No auction shall be conducted in this state except	33360
by an auctioneer licensed by the department.	33361

The department shall not issue or renew a license if the	33362
applicant or licensee has been convicted of a felony or crime	33363
involving fraud in this or another state at any time during the	33364
ten years immediately preceding application or renewal.	33365

This section does not apply to:

33366

(A) Sales at auction conducted by or under the direction of	33367
any public authority, or sales required by law to be at auction	33368
other than sales pursuant to a judicial order or decree;	33369

(B) The owner of any real or personal property desiring to	33370
sell the property at auction, provided that the property was not	33371
acquired for the purpose of resale.	33372

Sec. 4707.03.  A state auctioneers commission shall be	33373
created within the department of commerce agriculture as follows:	33374

(A) The governor, with the advice and consent of the senate,	33375
shall appoint a commission consisting of three members, each of	33376
whom immediately prior to the date of his appointment has been a	33377
resident of this state for five years, and whose vocation for a	33378
period of at least five years has been that of an auctioneer.	33379
Terms of office shall be for three years, commencing on the tenth	33380
day of October and ending on the ninth day of October. Each	33381
member shall hold office from the date of his appointment until	33382
the end of the term for which he was appointed. Any member	33383
appointed to fill a vacancy occurring prior to the expiration of	33384
the term for which his the member's predecessor was appointed	33385
shall hold office for the remainder of such term. Any member	33386
shall continue in office subsequent to the expiration date of his	33387
the member's term until his the member's successor takes office,	33388
or until a period of sixty days has elapsed, whichever occurs	33389
first.	33390

(B) At no time shall there be more than two members of the	33391
same political party serving on the commission.	33392

Sec. 4707.04.  (A) The state auctioneers commission shall,	33393
upon qualification of the member appointed in each year, select	33394
from its members a chairman chairperson, and shall serve in an	33395
advisory capacity to the department of commerce agriculture for	33396
the purpose of carrying out sections 4707.01 to 4707.22 of the	33397
Revised Code. The commission shall meet not less than four times	33398
annually.	33399

(B) Each commissioner shall receive his the commissioner's	33400
actual and necessary expenses incurred in the discharge of such	33401
duties.	33402

Sec. 4707.05.  All fees and charges collected by the	33403
department of commerce agriculture pursuant to this chapter shall	33404
be paid into the state treasury to the credit of the auctioneers	33405
fund, which is hereby created. All expenses incurred by the	33406
department in administering this chapter shall be paid out of the	33407
fund. The total expenses incurred by the department in the	33408
administration of this chapter shall not exceed the total fees,	33409
charges, fines, and penalties imposed under sections 4707.08,	33410
4707.10, and 4707.99 of the Revised Code and paid to the treasurer	33411
of state. The department may conduct education programs for the	33412
enlightenment and benefit of all auctioneers who have paid fees	33413
pursuant to sections 4707.08 and 4707.10 of the Revised Code.	33414

Out of the moneys credited pursuant to this section, the fund	33415
shall be assessed a proportionate share of the administrative	33416
costs of the department in accordance with procedures prescribed	33417
by the director of commerce agriculture and approved by the	33418
director of budget and management. The assessment shall be paid	33419
from the auctioneers fund to the division of administration fund.	33420

Sec. 4707.06.  The department of commerce agriculture shall	33421
maintain a record of the names and addresses of all auctioneers	33422
and apprentice auctioneers, and special auctioneers licensed by	33423
the department. This record shall also include a list of all	33424
persons whose licenses have been suspended or revoked, as well as	33425
any other information relative to the enforcement of sections	33426
4707.01 to 4707.22 of the Revised Code, as the department may deem	33427
of interest to the public.	33428

Sec. 4707.07.  (A) The department of commerce agriculture	33429
may grant auctioneers' licenses to those persons deemed qualified	33430
by the department. Each person who applies for an auctioneer's	33431
license shall furnish to the department, on forms provided by the	33432
department, satisfactory proof that the applicant:	33433

(1) Has a good reputation;

33434

(2) Is of trustworthy character;

33435

(3) Has attained the age of at least eighteen years;

33436

(4) Has done one of the following:

33437

(a) Met the apprenticeship requirements set forth in section	33438
4707.09 of the Revised Code;	33439

(b) Met the requirements of section 4707.12 of the Revised	33440
Code.	33441

(5) Has a general knowledge of the following:

33442

(a) The requirements of the Revised Code relative to	33443
auctioneers;	33444

(b) The auction profession;

33445

(c) The principles involved in conducting an auction.

33446

(B) Auctioneers who served apprenticeships and who hold	33447
licenses issued before May 1, 1991, and who seek renewal of their	33448
licenses, are not subject to the additional apprenticeship	33449
requirements imposed by section 4707.08 of the Revised Code.	33450

(C) The department may issue an auctioneer's license to a	33451
partnership, association, or corporation if all the partners,	33452
members, or officers thereof who are authorized to perform the	33453
functions of an auctioneer as agents of the applicant are	33454
themselves licensed as auctioneers under this chapter.	33455

An application for an auctioneer's license filed by a	33456
partnership or association shall contain a listing of the names of	33457
all of the licensed partners, members, or other persons who are	33458
authorized to perform the functions of an auctioneer as agents of	33459
the applicant. An application filed by a corporation shall	33460
contain the names of its president and of each of its licensed	33461
officers and any other person who is authorized to perform the	33462
functions of an auctioneer as an agent of the applicant.	33463

(D) A licensee may do business under more than one	33464
registered name if the names have been approved by the department.	33465
The department may reject the application of any person seeking	33466
licensure under this chapter if the name or names to be used by	33467
the applicant are likely to mislead the public, or if the name or	33468
names do not distinguish the applicant from the name or names of	33469
any existing person licensed under this chapter. If an applicant	33470
applies to the department to do business under more than two	33471
names, the department may charge a fee of ten dollars for the	33472
third name and each additional name.	33473

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	33474
auction companies under former section 4707.071 of the Revised	33475
Code shall comply with all provisions of this chapter that are	33476
applicable to auctioneers except as provided in divisions (B) and	33477
(C) of this section. Such persons, however, do not have to serve	33478
an apprenticeship or attend a course of study under section	33479
4707.09 of the Revised Code or submit to an examination under	33480
section 4707.08 of the Revised Code as long as they do not engage	33481
in the calling for, recognition of, and the acceptance of, offers	33482
for the purchase of personal property at auction and do not	33483
conduct auctions at any location other than the definite place of	33484
business required in section 4707.14 of the Revised Code.	33485

(B) The principal owner of each auction company which is	33486
licensed as of May 1, 1991, who pays the annual renewal fee	33487
specified in division (A) of section 4707.10 of the Revised Code	33488
during the first renewal period following May 1, 1991, shall be	33489
issued a special auctioneer's license, for the sale of personal	33490
property subject to division (A) of this section. Each principal	33491
owner shall apply for an annual license. In applying for an	33492
annual license, each person licensed as an auction company on May	33493
1, 1991, shall designate an individual as principal owner by	33494
submitting documentation substantiating that the individual is in	33495
fact the principal owner and shall identify a definite place of	33496
business as required in section 4707.14 of the Revised Code. A	33497
person licensed as an auctioneer shall not be entitled to a	33498
special auctioneer's license.	33499

(C) A special auctioneer's license issued under this section	33500
to the principal owner of a former auction company does not	33501
entitle the principal owner or former auction company to conduct	33502
auctions at any location other than the definite place of business	33503
required in section 4707.14 of the Revised Code. Notwithstanding	33504
section 4707.10 of the Revised Code, the department of agriculture	33505
shall not issue a new special auctioneer's license if the definite	33506
place of business identified by the licensee in the licensee's	33507
initial application for a special auctioneer license has changed	33508
or if the name under which the licensee is doing business has	33509
changed. No person other than an owner, officer, member, or agent	33510
of the former auction company who personally has himself passed	33511
the examination prescribed in section 4707.08 of the Revised Code	33512
and been licensed as an auctioneer shall engage in the calling	33513
for, recognition of, and the acceptance of, offers for the	33514
purchase of real or personal property, goods, or chattels at	33515
auction in connection with a former auction company that has been	33516
issued a special auctioneer's license.	33517

(D) A person licensed as a special auctioneer shall not	33518
engage in the sale of real property at auction.	33519

Sec. 4707.072.  The department of commerce agriculture may	33520
grant one-auction licenses to any nonresident person deemed	33521
qualified by the department. Any person who applies for a	33522
one-auction license shall attest, on forms provided by the	33523
department, and furnish to the department, satisfactory proof that	33524
the license applicant or any auctioneer affiliated with the	33525
applicant meets the following requirements:	33526

(A) Has a good reputation;

33527

(B) Is of trustworthy character;

33528

(C) Has attained the age of at least eighteen years;

33529

(D) Has a general knowledge of the requirements of the	33530
Revised Code relative to auctioneers, the auction profession, and	33531
the principles involved in conducting an auction;	33532

(E) Has two years of professional auctioneering experience	33533
immediately preceding the date of application and the experience	33534
includes the personal conduct by the applicant of at least twelve	33535
auction sales in any state, or has met the requirements of section	33536
4707.12 of the Revised Code;	33537

(F) Has paid a fee of one hundred dollars, which shall be	33538
credited to the auctioneers fund;	33539

(G) Has provided proof of the bond required under section	33540
4707.11 of the Revised Code.	33541

Sec. 4707.08.  (A) The department of commerce agriculture	33542
shall hold written examinations four times each year for the	33543
purpose of testing the qualifications required for obtaining a	33544
license under section 4707.07 of the Revised Code and twelve times	33545
each year for obtaining a license under section 4707.09 of the	33546
Revised Code. In addition to the written examination, auctioneer	33547
license applicants shall pass an oral examination administered by	33548
the state auctioneers commission on the same date and at the same	33549
location as the written examination. An examination shall not be	33550
required for the renewal of any license unless such license has	33551
been revoked, suspended, or allowed to expire without renewal, in	33552
which case the applicant shall take and pass the appropriate	33553
examinations offered by the department.	33554

An examination fee of twenty-five dollars shall be collected	33555
from each person taking the auctioneer examination and fifteen	33556
dollars from each person taking the apprentice auctioneer	33557
examination to defray expenses of holding such examinations.	33558

(B) All applications and proofs must be filed by each	33559
applicant before the scheduled date of examination, and must be	33560
accompanied by a bond and license fee.	33561

Sec. 4707.09.  The department of commerce agriculture may	33562
grant apprentice auctioneers' licenses to those persons deemed	33563
qualified by the department. Every applicant for an apprentice	33564
auctioneer's license must pass an examination relating to the	33565
skills, knowledge, and statutes and regulations governing	33566
auctioneers. Every applicant for an apprentice auctioneer's	33567
license shall furnish to the department, on forms provided by the	33568
department, satisfactory proof that the applicant:	33569

(A) Has a good reputation;

33570

(B) Is of trustworthy character;

33571

(C) Has attained the age of at least eighteen years;

33572

(D) Has obtained a written promise of a licensed auctioneer	33573
to sponsor the applicant during his the applicant's	33574
apprenticeship.	33575

Before an apprentice may take the auctioneer's license	33576
examination, he the apprentice shall serve an apprenticeship of at	33577
least twelve months, successfully complete a course of study in	33578
auctioneering at an institution that is approved every three years	33579
by the state auctioneers commission, and conduct, as a bid caller,	33580
at least twelve auction sales under the direct supervision of the	33581
sponsoring licensed auctioneer, which sales shall be certified by	33582
the licensed auctioneer on the apprentice's application for an	33583
auctioneer's license.	33584

If an auctioneer intends to terminate his sponsorship of an	33585
apprentice auctioneer, the sponsoring auctioneer shall notify the	33586
apprentice auctioneer of his the sponsoring auctioneer's intention	33587
by certified mail, return receipt requested, at least ten days	33588
prior to the effective date of termination and, at the same time,	33589
shall deliver or mail by certified mail to the department of	33590
commerce agriculture a copy of the termination notice and the	33591
license of the apprentice auctioneer. No apprentice auctioneer	33592
shall perform any acts under authority of his the apprentice's	33593
license after the effective date of the termination until he the	33594
apprentice receives a new license bearing the name and address of	33595
his the apprentice's new sponsor. No more than one license shall	33596
be issued to any apprentice auctioneer for the same period of	33597
time.	33598

No licensed auctioneer shall have under his the licensed	33599
auctioneer's sponsorship more than two apprentice auctioneers at	33600
one time.	33601

An apprentice auctioneer may terminate his the apprentice's	33602
sponsorship with an auctioneer by notifying the auctioneer of his	33603
the apprentice's intention by certified mail, return receipt	33604
requested, at least ten days prior to the effective date of	33605
termination. At the same time, he the apprentice shall deliver or	33606
mail by certified mail to the department of commerce agriculture a	33607
copy of the termination notice. Upon receiving the termination	33608
notice, the sponsoring auctioneer shall promptly deliver or mail	33609
by certified mail to the department the license of the apprentice	33610
auctioneer.	33611

The termination of a sponsorship, regardless of who initiates	33612
the termination, shall not be cause for an apprentice auctioneer	33613
to lose credit for any certified sales he the apprentice conducted	33614
or apprenticeship time he the apprentice served under the direct	33615
supervision of the former sponsor.	33616

Sec. 4707.10.  (A) The fee for each auctioneer's, apprentice	33617
auctioneer's, or special auctioneer's license issued by the	33618
department of commerce agriculture is one hundred dollars, and the	33619
annual renewal fee for any such license is one hundred dollars.	33620
All licenses expire annually on the last day of June of each year	33621
and shall be renewed according to the standard renewal procedures	33622
of Chapter 4745. of the Revised Code, or the procedures of this	33623
section. Any licensee under this chapter who wishes to renew his	33624
the licensee's license but fails to do so before the first day of	33625
July shall reapply for licensure in the same manner and pursuant	33626
to the same requirements as for initial licensure, unless before	33627
the first day of September of the year of expiration, the former	33628
licensee pays to the department, in addition to the regular	33629
renewal fee, a late renewal penalty of one hundred dollars.	33630

(B) Any person who fails to renew his the person's license	33631
before the first day of July is prohibited from engaging in any	33632
activity specified or comprehended in section 4707.01 of the	33633
Revised Code until such time as his the person's license is	33634
renewed or a new license is issued. Renewal of a license between	33635
the first day of July and the first day of September does not	33636
relieve any person from complying with this division. The	33637
department may refuse to renew the license of or issue a new	33638
license to any person who violates this division.	33639

(C) The department shall prepare and deliver to each	33640
licensee a permanent license certificate and an annual renewal	33641
card, the appropriate portion of which shall be carried on the	33642
person of the licensee at all times when engaged in any type of	33643
auction activity, and part of which shall be posted with the	33644
permanent certificate in a conspicuous location at the licensee's	33645
place of business.	33646

(D) Notice in writing shall be given to the department by	33647
each auctioneer or apprentice auctioneer licensee of any change of	33648
principal business location or any change or addition to the name	33649
or names under which business is conducted, whereupon the	33650
department shall issue a new license for the unexpired period. Any	33651
change of business location or change or addition of names without	33652
notification to the department shall automatically cancel any	33653
license previously issued. For each new auctioneer or apprentice	33654
auctioneer license issued upon the occasion of a change in	33655
business location or a change in or an addition of names under	33656
which business is conducted, the department may collect a fee of	33657
ten dollars for each change in location, or name or each added	33658
name unless the notification of the change occurs concurrently	33659
with the renewal application.	33660

Sec. 4707.11.  Each application for an auctioneer's,	33661
apprentice auctioneer's, or auction company license shall be	33662
accompanied by a bond in the sum of ten thousand dollars, except	33663
that:	33664

(A) An individual licensed as an auctioneer under this	33665
chapter that applies for an auction company license shall not be	33666
required to file a bond for the auction company license if the	33667
applicant has filed a bond in connection with the auctioneer's	33668
license.	33669

(B) A partnership, association, or corporation that applies	33670
for an auction company license shall file a blanket bond in the	33671
name of such partnership, association, or corporation in an amount	33672
equal to ten thousand dollars times the number of members,	33673
employees, or officers thereof who are authorized to perform the	33674
functions of an auctioneer as agents of the applicant. The	33675
maximum total amount payable under such blanket bond for a failure	33676
of each such individual member or officer of the applicant to	33677
conduct business in accordance with sections 4707.01 to 4707.22 of	33678
the Revised Code shall be ten thousand dollars.	33679

(C) A licensed auctioneer member, employee, or officer of a	33680
partnership, association, or corporation licensed as an auction	33681
company under this chapter shall not be required to file a bond in	33682
his the licensee's own name in connection with his the	33683
auctioneer's license; except that if such auctioneer acts at any	33684
time in any auction capacity other than as an agent for such	33685
auction company, the auctioneer must file an individual bond, as	33686
set forth in this section. The bond may be either a cash bond or	33687
a surety bond and, if a surety bond, it shall be executed by a	33688
surety company authorized to do business in this state. Such	33689
surety bond shall be made to the department of agriculture and the	33690
bond shall be conditioned that the applicant shall conduct his the	33691
applicant's business in accordance with sections 4707.01 to	33692
4707.22 of the Revised Code. All bonds shall be in a form	33693
approved by the department.	33694

The department shall not issue an auctioneer's, apprentice	33695
auctioneer's, or auction company license until bond has been filed	33696
in accordance with this section.	33697

Sec. 4707.111.  The state, through the department of commerce	33698
agriculture and in accordance with this chapter, shall solely	33699
regulate auctioneers and the conduct of auction sales.	33700

By enactment of this chapter, it is the intent of the general	33701
assembly to preempt municipal corporations and other political	33702
subdivisions from the regulation and licensing of auctioneers and	33703
auction sales.	33704

At least twenty-four hours prior to an auction, the person	33705
licensed under this chapter to conduct the auction shall notify	33706
the chief of police of the municipal corporation in which the	33707
auction site is located, or if the site is in the unincorporated	33708
area of a county, the county sheriff as to the location and time	33709
of the auction and give to that officer a general description of	33710
the items offered for sale.	33711

Sec. 4707.12.  A nonresident may operate as an auctioneer,	33712
apprentice auctioneer, or special auctioneer within the state by	33713
conforming to this chapter.	33714

The department of commerce agriculture may, within its	33715
discretion, waive the testing and schooling requirements for a	33716
nonresident, provided he the nonresident holds a valid auctioneer	33717
or apprentice auctioneer license issued by a state with which the	33718
department has entered into a reciprocal licensing agreement.	33719
Nonresidents wishing to so operate in this state shall make	33720
application in writing to the department and furnish the	33721
department with proof of their ability to conduct an auction,	33722
proof of license and bond if they reside in a state with these	33723
requirements, as well as other information which the department	33724
may request.	33725

This section does not apply to nonresident auctioneers who	33726
reside in states under the laws of which similar recognition and	33727
courtesies are not extended to licensed auctioneers of this state.	33728

Sec. 4707.13.  Any nonresident who applies for permission to	33729
operate as an auctioneer within this state shall file an	33730
irrevocable consent with the department of commerce agriculture	33731
that suits and actions may be commenced against such applicant in	33732
any court of competent jurisdiction within this state by service	33733
of process upon the secretary of state. Said consent shall agree	33734
that the service of such process shall be held in all courts to be	33735
valid and binding as if service had been made upon the applicant	33736
within this state.	33737

Sec. 4707.15.  The department of commerce agriculture may	33738
suspend or revoke the license of any auctioneer, apprentice	33739
auctioneer, or special auctioneer for any of the following causes:	33740

(A) Obtaining a license through false or fraudulent	33741
representation;	33742

(B) Making any substantial misrepresentation in an	33743
application for an auctioneer's, apprentice auctioneer's, or	33744
special auctioneer's license;	33745

(C) A continued course of misrepresentation or for making	33746
false promises through agents, advertising, or otherwise;	33747

(D) Failing to account for or remit, within a reasonable	33748
time, any money belonging to others that comes into his the	33749
licensee's possession, and for commingling funds of others with	33750
his the licensee's own, or failing to keep such funds of others in	33751
an escrow or trustee account, except that in the case of a	33752
transaction involving real estate, such funds shall be maintained	33753
in accordance with division (A)(26) of section 4735.18 of the	33754
Revised Code;	33755

(E) Paying valuable consideration to any person who has	33756
violated this chapter;	33757

(F) Conviction in a court of competent jurisdiction of this	33758
state or any other state of a criminal offense involving fraud or	33759
a felony;	33760

(G) Violation of this chapter;

33761

(H) Failure to furnish voluntarily at the time of execution,	33762
copies of all written instruments prepared by the auctioneer;	33763

(I) Any conduct of an auctioneer which demonstrates bad	33764
faith, dishonesty, incompetency, or untruthfulness;	33765

(J) Any other conduct that constitutes improper, fraudulent,	33766
or dishonest dealings;	33767

(K) Failing prior to the sale at public auction to enter	33768
into a written contract with the owner or consignee of any	33769
property to be sold, containing the terms and conditions upon	33770
which such licensee received the property for sale;	33771

(L) The use of any power of attorney to circumvent this	33772
chapter;	33773

(M) Failure to display a notice conspicuously at the clerk's	33774
desk or on a bid card that clearly states the terms and conditions	33775
of the sale, the name of the auctioneer or special auctioneer	33776
conducting the sale, and that the auctioneer or special auctioneer	33777
is licensed by the department of commerce agriculture and has	33778
filed a bond;	33779

(N) Failure to notify the department of any conviction of a	33780
felony or crime involving fraud within fifteen days of conviction;	33781

(O) Acting in the capacity of an auctioneer, whether for	33782
valuable consideration or not, for any special auctioneer that is	33783
not licensed under this chapter.	33784

Sec. 4707.152.  In lieu of suspending or revoking a license	33785
under section 4707.15 of the Revised Code, the department of	33786
commerce agriculture may issue a written reprimand to any	33787
licensee who violates any provision of this chapter.	33788

Sec. 4707.16.  (A) The department of commerce agriculture	33789
may, upon its own motion, and shall upon the verified written	33790
complaint of any person, investigate the actions of any	33791
auctioneer, apprentice auctioneer, or special auctioneer, any	33792
applicant for an auctioneer's, apprentice auctioneer's, or special	33793
auctioneer's license, or any person who assumes to act in that	33794
capacity, if the complaint, together with other evidence presented	33795
in connection with it, makes out a prima-facie case.	33796

If the department determines that any such applicant is not	33797
entitled to receive a license, a license shall not be granted to	33798
such applicant, and if the department determines that any licensee	33799
is guilty of a violation of section 4707.14 or 4707.15 of the	33800
Revised Code, the department may suspend or revoke the license.	33801
Any auctioneer, apprentice auctioneer, or special auctioneer who	33802
has had his the auctioneer's, apprentice auctioneer's, or special	33803
auctioneer's license revoked shall not be issued another such	33804
license for a period of two years from the date of revocation.	33805

(B) The department of commerce may investigate complaints	33806
concerning the violation of sections 4707.02 and 4707.15 of the	33807
Revised Code and may subpoena witnesses in connection with such	33808
investigations as provided in this section. The department may	33809
make application to the court of common pleas for an order	33810
enjoining the violation of sections 4707.02 and 4707.15 of the	33811
Revised Code, and upon a showing by the department that any	33812
licensed auctioneer, apprentice auctioneer, or special auctioneer	33813
has violated or is about to violate section 4707.15 of the Revised	33814
Code, or any person has violated or is about to violate section	33815
4707.02 of the Revised Code, an injunction, restraining order, or	33816
other order as may be appropriate shall be granted by the court.	33817

(C) The department of commerce may compel by subpoena the	33818
attendance of witnesses to testify in relation to any matter over	33819
which it has jurisdiction and which is the subject of inquiry and	33820
investigation by it, and require the production of any book,	33821
paper, or document pertaining to such matter. In case any person	33822
fails to file any statement or report, obey any subpoena, give	33823
testimony, or produce any books, records, or papers as required by	33824
such a subpoena, the court of common pleas of any county in the	33825
state, upon application made to it by the department, shall compel	33826
obedience by attachment proceedings for contempt, as in the case	33827
of disobedience of the requirements of a subpoena issued from such	33828
court, or a refusal to testify therein.	33829

(D) When the department determines that a person not	33830
licensed under this chapter is engaged in or is believed to be	33831
engaged in activities for which a license is required under this	33832
chapter, the department may issue an order to that person	33833
requiring him the person to show cause as to why he the person	33834
should not be subject to licensing under this chapter. If the	33835
department, after a hearing, determines that the activities in	33836
which the person is engaged are subject to licensing under this	33837
chapter, the department may issue a cease-and-desist order which	33838
shall describe the person and activities which are subject to the	33839
order. A cease-and-desist order issued under this section shall	33840
be enforceable in and may be appealed to the common pleas courts	33841
of this state under Chapter 119. of the Revised Code.	33842

Sec. 4707.19.  The department of commerce agriculture may	33843
make reasonable rules necessary for the implementation of the	33844
provisions of this chapter pursuant to Chapter 119. of the Revised	33845
Code. The department may hear testimony in matters relating to	33846
the duties imposed on it, and any person authorized by the	33847
director of commerce agriculture may administer oaths. The	33848
department may require other proof of the honesty, truthfulness,	33849
and good reputation of any person named in the application for an	33850
auctioneer's, apprentice auctioneer's, or special auctioneer's	33851
license before admitting the applicant to an examination or	33852
issuing a license.	33853

Sec. 4707.20.  (A) No person shall act as an auctioneer or	33854
special auctioneer on a sale at auction until the person has first	33855
entered into a written contract or agreement in duplicate with the	33856
owner or consignee of any property to be sold, containing the	33857
terms and conditions upon which the licensee receives or accepts	33858
the property for sale at auction. The contracts or agreements	33859
shall, for a period of two years, be kept on file in the office of	33860
every person so licensed. No apprentice auctioneer shall be	33861
authorized to enter into such contract or agreement without the	33862
written consent of the apprentice auctioneer's sponsoring	33863
auctioneer and all contracts or agreements shall be made in the	33864
name of and on behalf of the sponsoring auctioneer.	33865

(B) On all contracts or agreements between an auctioneer or	33866
special auctioneer and the owner or consignee, there shall appear	33867
a prominent statement indicating that the auctioneer or special	33868
auctioneer is licensed by the department of commerce agriculture,	33869
and is bonded in favor of the state.	33870

(C) The auctioneer or special auctioneer who contracts with	33871
the owner is liable for the settlement of all money received,	33872
including the payment of all expenses incurred only by the	33873
licensee and the distribution of all funds, in connection with an	33874
auction.	33875

Sec. 4707.21.  No auctioneer, apprentice auctioneer, or	33876
special auctioneer shall willfully neglect or refuse to furnish	33877
the department of commerce agriculture statistics or other	33878
information in his the auctioneer's, apprentice auctioneer's, or	33879
special auctioneer's possession or under his the auctioneer's,	33880
apprentice auctioneer's, or special auctioneer's control, which he	33881
the auctioneer, apprentice auctioneer, or special auctioneer is	33882
authorized to collect; nor shall he the auctioneer, apprentice	33883
auctioneer, or special auctioneer neglect or refuse, for more than	33884
thirty days, to answer questions submitted on circulars; nor shall	33885
he the auctioneer, apprentice auctioneer, or special auctioneer	33886
knowingly answer any such questions falsely; nor shall he the	33887
auctioneer, apprentice auctioneer, or special auctioneer refuse to	33888
obey subpoenas and give testimony. Licensees shall keep records	33889
relative to any auction sale for at least two years from the date	33890
of sale. These records shall include settlement sheets, written	33891
contracts, and copies of any advertising that lists the items for	33892
sale.	33893

Sec. 4707.23.  On receipt of a notice pursuant to section	33894
3123.43 of the Revised Code, the department of commerce	33895
agriculture shall comply with sections 3123.41 to 3123.50 of the	33896
Revised Code and any applicable rules adopted under section	33897
3123.63 of the Revised Code with respect to a license issued	33898
pursuant to this chapter.	33899

Sec. 4707.99.  (A) Whoever acts as an auctioneer, apprentice	33900
auctioneer, or special auctioneer as defined in section 4707.01 of	33901
the Revised Code, without first obtaining a license, upon	33902
conviction thereof, shall be fined not less than one hundred nor	33903
more than one thousand dollars, or imprisoned not more than ninety	33904
days, or both.	33905

(B) Whoever violates this chapter or any rule promulgated by	33906
the department of commerce agriculture in the administration of	33907
this chapter, for the violation of which no penalty is provided,	33908
shall be fined not less than fifty nor more than two hundred	33909
dollars.	33910

(C) Whoever violates section 4707.151 of the Revised Code	33911
shall be fined not more than fifty thousand dollars, or imprisoned	33912
not more than one year, or both.	33913

Sec. 4713.10.  The state board of cosmetology shall charge	33914
and collect the following fees:	33915

(A) For application to take the examination for a license to	33916
practice cosmetology, or any branch thereof, twenty-one dollars;	33917

(B) For the re-examination of any applicant who has	33918
previously failed to pass the examination, fourteen twenty-one	33919
dollars;	33920

(C) For the issuance or renewal of a cosmetology,	33921
manicurist, or esthetics instructor's license, thirty dollars;	33922

(D) For the issuance or renewal of a managing	33923
cosmetologist's, managing manicurist's, or managing esthetician's	33924
license, thirty dollars;	33925

(E) For the issuance or renewal of a cosmetology school	33926
license, two hundred fifty dollars;	33927

(F) For the inspection and issuance of a new beauty salon,	33928
nail salon, or esthetics salon or the change of name or ownership	33929
of a beauty salon, nail salon, or esthetics salon license, sixty	33930
dollars;	33931

(G) For the renewal of a beauty salon, nail salon, or	33932
esthetics salon license, fifty dollars;	33933

(H) For the issuance or renewal of a cosmetologist's,	33934
manicurist's, or esthetician's license, thirty dollars;	33935

(I) For the restoration of any lapsed license which may be	33936
restored pursuant to section 4713.11 of the Revised Code, and in	33937
addition to the payments required by that section, thirty dollars;	33938

(J) For the issuance of a license under section 4713.09 of	33939
the Revised Code, sixty dollars;	33940

(K) For the issuance of a duplicate of any license, fifteen	33941
dollars;	33942

(L) For the preparation and mailing of a licensee's records	33943
to another state for a reciprocity license, fifty dollars;	33944

(M) For the processing of any fees related to a check from a	33945
licensee returned to the board for insufficient funds, an	33946
additional twenty dollars.	33947

Each applicant shall, in addition to the fees specified,	33948
furnish the applicant's own models.	33949

Sec. 4715.03.  (A) The state dental board shall organize by	33950
the election from its members of a president and a secretary. It	33951
shall hold meetings monthly at least eight months a year at such	33952
times and places as the board designates. A majority of the	33953
members of the board shall constitute a quorum. The board shall	33954
make such reasonable rules as it determines necessary pursuant to	33955
Chapter 119. of the Revised Code.	33956

(B) A concurrence of a majority of the members of the board	33957
shall be required to grant, refuse, suspend, place on probationary	33958
status, revoke, refuse to renew, or refuse to reinstate a license	33959
or censure a license holder.	33960

(C) The board shall adopt rules establishing standards for	33961
the safe practice of dentistry and dental hygiene by qualified	33962
practitioners and shall, through its policies and activities,	33963
promote such practice.	33964

The board shall adopt rules in accordance with Chapter 119.	33965
of the Revised Code establishing universal blood and body fluid	33966
precautions that shall be used by each person licensed under this	33967
chapter who performs exposure prone invasive procedures. The	33968
rules shall define and establish requirements for universal blood	33969
and body fluid precautions that include the following:	33970

(1) Appropriate use of hand washing;

33971

(2) Disinfection and sterilization of equipment;

33972

(3) Handling and disposal of needles and other sharp	33973
instruments;	33974

(4) Wearing and disposal of gloves and other protective	33975
garments and devices.	33976

(D) The board shall administer and enforce the provisions of	33977
this chapter. The board shall investigate evidence which appears	33978
to show that any person has violated any provision of this	33979
chapter. Any person may report to the board under oath any	33980
information such person may have appearing to show a violation of	33981
any provision of this chapter. In the absence of bad faith, any	33982
person who reports such information or who testifies before the	33983
board in any disciplinary proceeding conducted pursuant to Chapter	33984
119. of the Revised Code is not liable for civil damages as a	33985
result of his making the report or providing testimony. If after	33986
investigation the board determines that there are reasonable	33987
grounds to believe that a violation of this chapter has occurred,	33988
the board shall conduct disciplinary proceedings pursuant to	33989
Chapter 119. of the Revised Code or provide for a license holder	33990
to participate in the quality intervention program established	33991
under section 4715.031 of the Revised Code. The board shall not	33992
dismiss any complaint or terminate any investigation except by a	33993
majority vote of its members. For the purpose of any disciplinary	33994
proceeding or any investigation conducted prior to a disciplinary	33995
proceeding under this division, the board may administer oaths,	33996
order the taking of depositions, issue subpoenas, compel the	33997
attendance and testimony of persons at depositions and compel the	33998
production of books, accounts, papers, documents, or other	33999
tangible things. The hearings and investigations of the board	34000
shall be considered civil actions for the purposes of section	34001
2305.251 of the Revised Code. Notwithstanding section 121.22 of	34002
the Revised Code, proceedings of the board relative to the	34003
investigation of a complaint or the determination whether there	34004
are reasonable grounds to believe that a violation of this chapter	34005
has occurred are confidential and are not subject to discovery in	34006
any civil action.	34007

(E) The board shall examine or cause to be examined eligible	34008
applicants to practice dentistry and dental hygiene. The board may	34009
distinguish by rule different classes of qualified personnel	34010
according to skill levels and require all or only certain of these	34011
classes of qualified personnel to be examined and certified by the	34012
board.	34013

(F) In accordance with Chapter 119. of the Revised Code, the	34014
board shall adopt, and may amend or rescind, rules establishing	34015
the eligibility criteria, the application and permit renewal	34016
procedures, and safety standards applicable to a dentist licensed	34017
under this chapter who applies for a permit to employ or use	34018
conscious intravenous sedation. These rules shall include all of	34019
the following:	34020

(1) The eligibility requirements and application procedures	34021
for an eligible dentist to obtain a conscious intravenous sedation	34022
permit;	34023

(2) The minimum educational and clinical training standards	34024
required of applicants, which shall include satisfactory	34025
completion of an advanced cardiac life support course;	34026

(3) The facility equipment and inspection requirements;

34027

(4) Safety standards;

34028

(5) Requirements for reporting adverse occurrences.

34029

Sec. 4715.031. (A) The state dental board shall develop and	34030
implement a quality intervention program. The board may propose	34031
that the holder of a license issued by the board participate in	34032
the program if the board determines pursuant to an investigation	34033
conducted under section 4715.03 of the Revised Code that there are	34034
reasonable grounds to believe the license holder has violated a	34035
provision of this chapter due to a clinical or communication	34036
problem that could be improved through participation in the	34037
program and determines that the license holder's participation in	34038
the program is appropriate. The board shall refer a license	34039
holder who agrees to participate in the program to an educational	34040
and assessment service provider selected by the board.	34041

The board shall select educational and assessment service	34042
providers, which may include quality intervention program panels	34043
of case reviewers. A provider selected by the board to provide	34044
services to a license holder shall recommend to the board the	34045
educational and assessment services the license holder should	34046
receive under the program. The license holder may begin	34047
participation in the program if the board approves the services	34048
the provider recommends. The license holder shall pay the amounts	34049
charged by the provider for the services.	34050

The board shall monitor a license holder's progress in the	34051
program and determine whether the license holder has successfully	34052
completed the program. If the board determines that the license	34053
holder has successfully completed the program, it may continue to	34054
monitor the license holder, take other action it considers	34055
appropriate, or both. If the board determines that the license	34056
holder has not successfully completed the program, it shall	34057
commence disciplinary proceedings against the license holder under	34058
section 4715.03 of the Revised Code.	34059

The board may adopt rules in accordance with Chapter 119. of	34060
the Revised Code to further implement the quality intervention	34061
program.	34062

Sec. 4715.13.  Applicants for licenses to practice dentistry	34063
or for a general anesthesia permit or a conscious intravenous	34064
sedation permit shall pay to the secretary of the state dental	34065
board the following fees:	34066

(A) For license by examination, one hundred forty-one ninety	34067
dollars if issued in an odd-numbered year or two three hundred	34068
thirty-five seventeen dollars if issued in an even-numbered year;	34069

(B) For license by endorsement, one hundred forty-one ninety	34070
dollars if issued in an odd-numbered year or two three hundred	34071
thirty-five seventeen dollars if issued in an even-numbered year;	34072

(C) For duplicate license, to be granted upon proof of loss	34073
of the original, fifteen twenty dollars;	34074

(D) For a general anesthesia permit, ninety-four one hundred	34075
twenty-seven dollars;	34076

(E) For a conscious intravenous sedation permit, ninety-four	34077
one hundred twenty-seven dollars.	34078

The fee in division (A) of this section may be refunded to an	34079
applicant who is unavoidably prevented from attending the	34080
examination, or the applicant may be examined at the next regular	34081
or special meeting of the board without an additional fee.	34082

An applicant who fails the first examination may be	34083
re-examined at the next regular or special meeting of the board	34084
without an additional fee.	34085

Sec. 4715.14.  (A) Each person who is licensed to practice	34086
dentistry in Ohio shall, on or before the first day of January of	34087
each even-numbered year, register with the state dental board.	34088
The registration shall be made on a form prescribed by the board	34089
and furnished by the secretary, shall include the licensee's name,	34090
address, license number, and such other reasonable information as	34091
the board may consider necessary, and shall include payment of a	34092
biennial registration fee of one two hundred sixty-three twenty	34093
dollars. This fee shall be paid to the treasurer of state. All	34094
such registrations shall be in effect for the two-year period	34095
beginning on the first day of January of the even-numbered year	34096
and ending on the last day of December of the following	34097
odd-numbered year, and shall be renewed in accordance with the	34098
standard renewal procedure of sections 4745.01 to 4745.03 of the	34099
Revised Code. The failure of a licensee to renew the licensee's	34100
registration in accordance with this section shall result in an	34101
automatic suspension of the licensee's license to practice	34102
dentistry.	34103

(B) Any dentist whose license has been suspended under this	34104
section may be reinstated by the payment of the biennial	34105
registration fee and in addition thereto sixty eighty-one dollars	34106
to cover costs of the reinstatement; excepting that to any	34107
licensed dentist who desires to temporarily retire from practice,	34108
and who has given the board notice in writing to that effect, the	34109
board shall grant such a retirement, provided only that at that	34110
time all previous registration fees and additional costs of	34111
reinstatement have been paid.	34112

(C) Each dentist licensed to practice, whether a resident or	34113
not, shall notify the secretary in writing of any change in the	34114
dentist's office address or employment within ten days after such	34115
change has taken place. On the first day of July of every	34116
even-numbered year, the secretary shall issue a printed roster of	34117
the names and addresses so registered.	34118

Sec. 4715.16.  (A) Upon payment of a fee of seven ten	34119
dollars and fifty cents, the state dental board may without	34120
examination issue a limited resident's license to any person who	34121
is a graduate of a dental college, is authorized to practice in	34122
another state or country or qualified to take the regular	34123
licensing examination in this state, and furnishes the board	34124
satisfactory proof of having been appointed a dental resident at	34125
an accredited dental college in this state or at an accredited	34126
program of a hospital in this state, but has not yet been licensed	34127
as a dentist by the board. Any person receiving a limited	34128
resident's license may practice dentistry only in connection with	34129
programs operated by the dental college or hospital at which the	34130
person is appointed as a resident as designated on the person's	34131
limited resident's license, and only under the direction of a	34132
licensed dentist who is a member of the dental staff of the	34133
college or hospital or a dentist holding a current limited	34134
teaching license issued under division (B) of this section, and	34135
only on bona fide patients of such programs. The holder of a	34136
limited resident's license may be disciplined by the board	34137
pursuant to section 4715.30 of the Revised Code.	34138

(B) Upon payment of seventy-five one hundred one dollars and	34139
upon application endorsed by an accredited dental college in this	34140
state, the board may without examination issue a limited teaching	34141
license to a dentist who is a graduate of a dental college, is	34142
authorized to practice dentistry in another state or country, and	34143
has full-time appointment to the faculty of the endorsing dental	34144
college. A limited teaching license is subject to annual renewal	34145
in accordance with the standard renewal procedure of Chapter 4745.	34146
of the Revised Code, and automatically expires upon termination of	34147
the full-time faculty appointment. A person holding a limited	34148
teaching license may practice dentistry only in connection with	34149
programs operated by the endorsing dental college. The board may	34150
discipline the holder of a limited teaching license pursuant to	34151
section 4715.30 of the Revised Code.	34152

(C)(1) As used in this division:

34153

(a) "Continuing dental education practicum" or "practicum"	34154
means a course of instruction, approved by the American dental	34155
association, Ohio dental association, or academy of general	34156
dentistry, that is designed to improve the clinical skills of a	34157
dentist by requiring the dentist to participate in clinical	34158
exercises on patients.	34159

(b) "Director" means the person responsible for the operation	34160
of a practicum.	34161

(2) Upon payment of seventy-five one hundred one dollars and	34162
application endorsed by the director of a continuing dental	34163
education practicum, the board shall, without examination, issue a	34164
temporary limited continuing education license to a resident of a	34165
state other than Ohio who is licensed to practice dentistry in	34166
such state and is in good standing, is a graduate of an accredited	34167
dental college, and is registered to participate in the endorsing	34168
practicum. The determination of whether a dentist is in good	34169
standing shall be made by the board.	34170

A dentist holding a temporary limited continuing education	34171
license may practice dentistry only on residents of the state in	34172
which the dentist is permanently licensed or on patients referred	34173
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	34174
the Revised Code to an instructing dentist licensed pursuant to	34175
one of those sections, and only while participating in a required	34176
clinical exercise of the endorsing practicum on the premises of	34177
the facility where the practicum is being conducted.	34178

Practice under a temporary limited continuing education	34179
license shall be under the direct supervision and full	34180
professional responsibility of an instructing dentist licensed	34181
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	34182
be limited to the performance of those procedures necessary to	34183
complete the endorsing practicum, and shall not exceed thirty days	34184
of actual patient treatment in any year.	34185

(3) A director of a continuing dental education practicum	34186
who endorses an application for a temporary limited continuing	34187
education license shall, prior to making the endorsement, notify	34188
the state dental board in writing of the identity of the sponsors	34189
and the faculty of the practicum and the dates and locations at	34190
which it will be offered. The notice shall also include a brief	34191
description of the course of instruction. The board may prohibit	34192
a continuing dental education practicum from endorsing	34193
applications for temporary limited continuing education licenses	34194
if the board determines that the practicum is engaged in	34195
activities that constitute a threat to public health and safety or	34196
do not constitute bona fide continuing dental education, or that	34197
the practicum permits activities which otherwise violate this	34198
chapter. Any continuing dental education practicum prohibited	34199
from endorsing applications may request an adjudication pursuant	34200
to Chapter 119. of the Revised Code.	34201

A temporary limited continuing education license shall be	34202
valid only when the dentist is participating in the endorsing	34203
continuing dental education practicum and shall expire at the end	34204
of one year. If the dentist fails to complete the endorsing	34205
practicum in one year, the board may, upon the dentist's	34206
application and payment of a fee of seventy-five dollars, renew	34207
the temporary limited continuing education license for a	34208
consecutive one-year period. Only two renewals may be granted.	34209
The holder of a temporary limited continuing education license may	34210
be disciplined by the board pursuant to section 4715.30 of the	34211
Revised Code.	34212

(D) The board shall act either to approve or to deny any	34213
application for a limited license pursuant to division (A), (B),	34214
or (C) of this section not later than sixty days of the date the	34215
board receives the application.	34216

Sec. 4715.21.  Each person who desires to practice as a	34217
dental hygienist shall file with the secretary of the state dental	34218
board a written application for a license, under oath, upon the	34219
form prescribed. Such applicant shall furnish satisfactory proof	34220
of being at least eighteen years of age and of good moral	34221
character. An applicant shall present a diploma or certificate of	34222
graduation from an accredited dental hygiene school and shall pay	34223
the examination fee of seventy-one ninety-six dollars if the	34224
license is issued in an odd-numbered year or one hundred nine	34225
forty-seven dollars if issued in an even-numbered year. Those	34226
passing such examination as the board prescribes relating to	34227
dental hygiene shall receive a certificate of registration	34228
entitling them to practice. If an applicant fails to pass the	34229
first examination the applicant may apply for a re-examination at	34230
the next regular or special examination meeting of the board.	34231

No applicant shall be admitted to more than two examinations	34232
without first presenting satisfactory proof that the applicant has	34233
successfully completed such refresher courses in an accredited	34234
dental hygiene school as the state dental board may prescribe.	34235

An accredited dental hygiene school shall be one accredited	34236
by the council on dental education of the American dental	34237
association or whose educational standards are recognized by the	34238
council on dental education of the American dental association and	34239
approved by the state dental board.	34240

Sec. 4715.24.  (A) Each person who is licensed to practice	34241
as a dental hygienist in Ohio shall, on or before the first day of	34242
January of each even-numbered year, register with the state dental	34243
board. The registration shall be made on a form prescribed by the	34244
board and furnished by the secretary, shall include the licensee's	34245
name, address, license number, and such other reasonable	34246
information as the board may consider necessary, and shall include	34247
payment of a biennial registration fee of seventy-five one hundred	34248
one dollars. This fee shall be paid to the treasurer of state.	34249
All such registrations shall be in effect for the two-year period	34250
beginning on the first day of January of each even-numbered year	34251
and ending on the last day of December of the following	34252
odd-numbered year, and shall be renewed in accordance with the	34253
standard renewal procedure of sections 4745.01 to 4745.03 of the	34254
Revised Code. The failure of a licensee to renew registration in	34255
accordance with this section shall result in the automatic	34256
suspension of the licensee's license to practice as a dental	34257
hygienist.	34258

(B) Any dental hygienist whose license has been suspended	34259
under this section may be reinstated by the payment of the	34260
biennial registration fee and in addition thereto twenty-three	34261
thirty-one dollars to cover the costs of reinstatement.	34262

(C) The license of a dental hygienist shall be exhibited in	34263
a conspicuous place in the room in which the dental hygienist	34264
practices. Each dental hygienist licensed to practice, whether a	34265
resident or not, shall notify the secretary in writing of any	34266
change in the dental hygienist's office address or employment	34267
within ten days after the change takes place.	34268

Sec. 4715.27.  The state dental board may issue a license to	34269
an applicant who furnishes satisfactory proof of being at least	34270
eighteen years of age, of good moral character and who	34271
demonstrates, to the satisfaction of the board, knowledge of the	34272
laws, regulations, and rules governing the practice of a dental	34273
hygienist; who proves, to the satisfaction of the board, intent to	34274
practice as a dental hygienist in this state; who is a graduate	34275
from an accredited school of dental hygiene and who holds a	34276
license by examination from a similar dental board, and who passes	34277
an examination as prescribed by the board relating to dental	34278
hygiene.	34279

Upon payment of forty-three fifty-eight dollars and upon	34280
application endorsed by an accredited dental hygiene school in	34281
this state, the state dental board may without examination issue a	34282
teacher's certificate to a dental hygienist, authorized to	34283
practice in another state or country. A teacher's certificate	34284
shall be subject to annual renewal in accordance with the standard	34285
renewal procedure of sections 4745.01 to 4745.03 of the Revised	34286
Code, and shall not be construed as authorizing anything other	34287
than teaching or demonstrating the skills of a dental hygienist in	34288
the educational programs of the accredited dental hygiene school	34289
which endorsed the application.	34290

Sec. 4717.02.  (A) There is hereby created the board of	34291
embalmers and funeral directors consisting of seven members to be	34292
appointed by the governor with the advice and consent of the	34293
senate. Four Five members shall be licensed embalmers and	34294
practicing funeral directors, each with at least ten consecutive	34295
years of experience in this state immediately preceding the date	34296
of the person's appointment. One member; one of these members	34297
shall be knowledgeable and experienced in operating a crematory	34298
and is not required to be, but may be, a licensed embalmer or	34299
funeral director. Two members shall represent the public; at	34300
least one of the two these members shall be at least sixty years	34301
of age.	34302

(B) Terms of office are for five years, commencing on the	34303
first day of July and ending on the last day of June. Each	34304
member shall hold office from the date of the member's appointment	34305
until the end of the term for which the member was appointed.	34306
Before entering upon the duties of the office, each member shall	34307
take and file with the secretary of state an oath of office as	34308
required by Section 7 of Article XV, Ohio Constitution.	34309

(C) The governor may remove a member of the board for	34310
neglect of duty, incompetency, or immoral conduct. Vacancies	34311
shall be filled in the manner provided for original appointments.	34312
Any member appointed to fill a vacancy occurring prior to the	34313
expiration date of the term for which the member's predecessor was	34314
appointed shall hold office as a member for the remainder of that	34315
term. A member shall continue in office subsequent to the	34316
expiration date of the member's term until the member's successor	34317
takes office, or until a period of sixty days has elapsed,	34318
whichever occurs first.	34319

(D) Each member of the board shall receive an amount fixed	34320
under division (J) of section 124.15 of the Revised Code for each	34321
day, not to exceed sixty days per year, employed in the discharge	34322
of the member's duties as a board member, together with any	34323
necessary expenses incurred in the performance of those duties.	34324

Sec. 4717.07.  (A) The board of embalmers and funeral	34325
directors shall charge and collect the following fees:	34326

(1) For the issuance of an initial embalmer's or funeral	34327
director's license, five dollars;	34328

(2) For the issuance of an embalmer or funeral director	34329
registration, twenty-five dollars;	34330

(3) For filing an embalmer or funeral director certificate	34331
of apprenticeship, ten dollars;	34332

(4) For the application to take the examination for a	34333
license to practice as an embalmer or funeral director, or to	34334
retake a section of the examination, thirty-five dollars;	34335

(5) For the biennial renewal of an embalmer's or funeral	34336
director's license, sixty one hundred twenty dollars;	34337

(6) For the initial issuance and renewal of a license to	34338
operate a funeral home, one hundred twenty-five dollars and	34339
biennial renewal of a license to operate a funeral home, two	34340
hundred fifty dollars;	34341

(7) For the reinstatement of a lapsed embalmer's or funeral	34342
director's license, the renewal fee prescribed in division (A)(5)	34343
of this section plus fifty dollars for each month or portion of a	34344
month the license is lapsed until reinstatement;	34345

(8) For the reinstatement of a lapsed license to operate a	34346
funeral home, the renewal fee prescribed in division (A)(6) of	34347
this section plus fifty dollars for each month or portion of a	34348
month the license is lapsed until reinstatement;	34349

(9) For the initial issuance and renewal of a license to	34350
operate an embalming facility, one hundred dollars and biennial	34351
renewal of a license to operate an embalming facility, two hundred	34352
dollars;	34353

(10) For the reinstatement of a lapsed license to operate an	34354
embalming facility, the renewal fee prescribed in division (A)(9)	34355
of this section plus fifty dollars for each month or portion of a	34356
month the license is lapsed until reinstatement;	34357

(11) For the initial issuance and renewal of a license to	34358
operate a crematory facility, one hundred dollars and biennial	34359
renewal of a license to operate a crematory facility, two hundred	34360
dollars;	34361

(12) For the reinstatement of a lapsed license to operate a	34362
crematory facility, the renewal fee prescribed in division (A)(11)	34363
of this section plus fifty dollars for each month or portion of a	34364
month the license is lapsed until reinstatement;	34365

(13) For the issuance of a duplicate of a license issued	34366
under this chapter, four dollars.	34367

(B) In addition to the fees set forth in division (A) of	34368
this section, an applicant shall pay the examination fee assessed	34369
by any examining agency the board uses for any section of an	34370
examination required under this chapter.	34371

(C) Subject to the approval of the controlling board, the	34372
board of embalmers and funeral directors may establish fees in	34373
excess of the amounts set forth in this section, provided that	34374
these fees do not exceed the amounts set forth in this section by	34375
more than fifty per cent.	34376

Sec. 4717.08.  (A) Every license issued under this chapter	34377
expires on the last day of December of the each even-numbered year	34378
of its issuance and shall be renewed on or before that date	34379
according to the standard license renewal procedure set forth in	34380
Chapter 4745. of the Revised Code. Licenses not renewed by the	34381
last day of December of each even-numbered year are lapsed.	34382

(B) A holder of a lapsed license to operate a funeral home,	34383
license to operate an embalming facility, or license to operate a	34384
crematory facility may reinstate the license with the board by	34385
paying the lapsed license fee established under section 4717.07 of	34386
the Revised Code.	34387

(C) A holder of a lapsed embalmer's or funeral director's	34388
license may reinstate the license with the board by paying the	34389
lapsed license fee established under section 4717.07 of the	34390
Revised Code, except that if the license is lapsed for more than	34391
one hundred eighty days after its expiration date, the holder also	34392
shall take and pass the Ohio laws examination for each license as	34393
a condition for reinstatement.	34394

Sec. 4717.09.  (A) Every two years, licensed embalmers and	34395
funeral directors shall attend between twelve and thirty hours of	34396
educational programs as a condition for renewal of their licenses.	34397
The board of embalmers and funeral directors shall determine, by	34398
rule, the educational programs that meet the continuing education	34399
requirements and the number of hours a licensee shall attend adopt	34400
rules governing the administration and enforcement of the	34401
continuing education requirements of this section. The board may	34402
contract with a professional organization or association or other	34403
third party to assist it in performing functions necessary to	34404
administer and enforce the continuing education requirements of	34405
this section. A professional organization or association or other	34406
third party with whom the board so contracts may charge a	34407
reasonable fee for performing these functions to licensees or to	34408
the persons who provide continuing education programs.	34409

(B) A person holding both an embalmer's license and a	34410
funeral director's license need meet only the continuing education	34411
requirements established by the board for one or the other of	34412
those licenses in order to satisfy the requirement of division (A)	34413
of this section.	34414

(C) The board shall not renew the license of a licensee who	34415
fails to meet the continuing education requirements of this	34416
section and who has not been granted a waiver or exemption under	34417
division (D) of this section.	34418

(D) Any licensee who fails to meet the continuing education	34419
requirements of this section because of undue hardship or	34420
disability, or who is not actively engaged in the practice of	34421
funeral directing or embalming in this state, may apply to the	34422
board for a waiver or an exemption. The board shall determine, by	34423
rule, the procedures for applying for a waiver or an exemption	34424
from continuing education requirements under this section and	34425
under what conditions a waiver or an exemption may be granted.	34426

Sec. 4723.062.  The board of nursing may solicit and accept	34427
grants and services to develop and maintain a program that	34428
addresses patient safety and health care issues related to the	34429
supply of and demand for nurses and other health care workers. The	34430
board shall not solicit or accept a grant or service that	34431
interferes with the board's independence or objectivity.	34432

All money received by the board under this section shall be	34433
deposited into the nursing special issue fund which is hereby	34434
created in the state treasury. The board shall use money in the	34435
fund to pay the costs it incurs in implementing this section.	34436

Sec. 4723.08.  (A) The board of nursing may impose fees not	34437
to exceed the following limits:	34438

(1) For application for licensure by examination to practice	34439
nursing as a registered nurse or as a licensed practical nurse,	34440
fifty dollars;	34441

(2) For application for licensure by endorsement to practice	34442
nursing as a registered nurse or as a licensed practical nurse,	34443
fifty dollars;	34444

(3) For application for a certificate of authority to	34445
practice nursing as a certified registered nurse anesthetist,	34446
clinical nurse specialist, certified nurse-midwife, or certified	34447
nurse practitioner, one hundred dollars;	34448

(4) For application for a temporary dialysis technician	34449
certificate, the amount specified in rules adopted under section	34450
4723.79 of the Revised Code;	34451

(5) For application for a full dialysis technician	34452
certificate, the amount specified in rules adopted under section	34453
4723.79 of the Revised Code;	34454

(6) For application for a certificate to prescribe, fifty	34455
dollars;	34456

(7) For verification of a nursing license, certificate of	34457
authority, or dialysis technician certificate to another	34458
jurisdiction, fifteen dollars;	34459

(8) For providing a replacement copy of a nursing license,	34460
certificate of authority, or dialysis technician certificate,	34461
fifteen dollars;	34462

(9) For biennial renewal of a nursing license that expires	34463
on or before August 31, 2003, thirty-five dollars;	34464

(10) Except as provided in division (C) of this section, for	34465
For biennial renewal of a nursing license that expires on or after	34466
September 1, 2003, forty-five dollars;	34467

(11) For biennial renewal of a certificate of authority to	34468
practice nursing as a certified registered nurse anesthetist,	34469
clinical nurse specialist, certified nurse mid-wife, or certified	34470
nurse practitioner that expires on or before August 31, 2005, one	34471
hundred dollars;	34472

(12) For biennial renewal of a certificate of authority to	34473
practice nursing as a certified registered nurse anesthetist,	34474
clinical nurse specialist, certified nurse-midwife, or certified	34475
nurse practitioner that expires on or after September 1, 2005,	34476
eighty-five dollars;	34477

(11)(13) For renewal of a certificate to prescribe, fifty	34478
dollars;	34479

(12)(14) For biennial renewal of a dialysis technician	34480
certificate, the amount specified in rules adopted under section	34481
4723.79 of the Revised Code;	34482

(13)(15) For processing a late application for renewal of a	34483
nursing license, certificate of authority, or dialysis technician	34484
certificate, fifty dollars;	34485

(14)(16) For application for authorization to approve	34486
continuing nursing education programs and courses from an	34487
applicant accredited by a national accreditation system for	34488
nursing, five hundred dollars;	34489

(15)(17) For application for authorization to approve	34490
continuing nursing education programs and courses from an	34491
applicant not accredited by a national accreditation system for	34492
nursing, one thousand dollars;	34493

(16)(18) For each year for which authorization to approve	34494
continuing nursing education programs and courses is renewed, one	34495
hundred fifty dollars;	34496

(17)(19) For application for approval to operate a dialysis	34497
training program, the amount specified in rules adopted under	34498
section 4723.79 of the Revised Code;	34499

(18)(20) For reinstatement of a lapsed nursing license or,	34500
certificate of authority, or dialysis technician certificate, one	34501
hundred dollars;	34502

(19)(21) For written verification of a nursing license,	34503
certificate of authority, or dialysis technician certificate,	34504
other than verification to another jurisdiction, five dollars. The	34505
board may contract for services pertaining to this verification	34506
process and the collection of the fee, and may permit the	34507
contractor to retain a portion of the fees as compensation, before	34508
any amounts are deposited into the state treasury.	34509

(22) For processing a check returned to the board by a	34510
financial institution as noncollectible, twenty-five dollars.	34511

(B) Each quarter, for purposes of transferring funds under	34512
section 4743.05 of the Revised Code to the nurse education	34513
assistance fund created in section 3333.28 of the Revised Code,	34514
the board of nursing shall certify to the director of budget and	34515
management the number of biennial licenses renewed under this	34516
chapter during the preceding quarter and the amount equal to that	34517
number times five dollars.	34518

(C) The fee for biennial renewal of a certificate of	34519
authority to practice nursing as a certified nurse-midwife,	34520
certified registered nurse anesthetist, certified nurse	34521
practitioner, or clinical nurse specialist that expires on or	34522
before August 31, 2005, is one hundred dollars.	34523

Sec. 4723.32.  This chapter does not prohibit any of the	34524
following:	34525

(A) The practice of nursing by a student currently enrolled	34526
in and actively pursuing completion of a prelicensure nursing	34527
education program approved by the board of nursing, if the	34528
student's practice is under the auspices of the program and the	34529
student acts under the supervision of a registered nurse serving	34530
for the program as a faculty member, teaching assistant, or	34531
preceptor;	34532

(B) The rendering of medical assistance to a licensed	34533
physician, licensed dentist, or licensed podiatrist by a person	34534
under the direction, supervision, and control of such licensed	34535
physician, dentist, or podiatrist;	34536

(C) The activities of persons employed as nursing aides,	34537
attendants, orderlies, or other auxiliary workers in patient	34538
homes, nurseries, nursing homes, hospitals, home health agencies,	34539
or other similar institutions;	34540

(D) The provision of nursing services to family members or	34542
in emergency situations;	34543

(E) The care of the sick when done in connection with the	34544
practice of religious tenets of any church and by or for its	34545
members;	34546

(F) The practice of nursing as a certified registered nurse	34547
anesthetist, clinical nurse specialist, certified nurse-midwife,	34548
or certified nurse practitioner by a student currently enrolled	34549
in and actively pursuing completion of a program of study leading	34550
to initial authorization by the board to practice nursing in the	34551
specialty, if both of the following are the case:	34552

(1) The program qualifies the student to sit for the	34553
examination of a national certifying organization listed in	34554
division (A)(3) of section 4723.41 of the Revised Code or approved	34555
by the board under section 4723.46 of the Revised Code, or the	34556
program prepares the student to receive a master's degree in	34557
accordance with division (A)(2) of section 4723.41 of the Revised	34558
Code;	34559

(2) The student's practice is under the auspices of the	34560
program and the student acts under the supervision of a registered	34561
nurse serving for the program as a faculty member, teaching	34562
assistant, or preceptor.	34563

(G) The activities of an individual who currently holds a	34564
license to practice nursing in another jurisdiction, if the	34565
individual's license has not been revoked, the individual is not	34566
currently under suspension or on probation, the individual does	34567
not represent the individual as being licensed under this chapter,	34568
and one of the following is the case:	34569

(1) The individual is engaging in the practice of nursing by	34570
discharging official duties while employed by or under contract	34571
with the United States government or any agency thereof;	34572

(2) The individual is engaging in the practice of nursing as	34573
an employee of an individual, agency, or corporation located in	34574
the other jurisdiction in a position with employment	34575
responsibilities that include transporting patients into, out of,	34576
or through this state, as long as each trip in this state does not	34577
exceed seventy-two hours;	34578

(3) The individual is consulting with an individual licensed	34579
in this state to practice any health-related profession;	34580

(4) The individual is engaging in activities associated with	34581
teaching in this state as a guest lecturer at or for a nursing	34582
education program, continuing nursing education program, or	34583
in-service presentation;	34584

(5) The individual is conducting evaluations of nursing care	34585
that are undertaken on behalf of an accrediting organization,	34586
including the national league for nursing accrediting committee,	34587
the joint commission on accreditation of healthcare organizations,	34588
or any other nationally recognized accrediting organization;	34589

(6) The individual is providing nursing care to an	34590
individual who is in this state on a temporary basis, not to	34591
exceed six months in any one calendar year, if the nurse is	34592
directly employed by or under contract with the individual or a	34593
guardian or other person acting on the individual's behalf;	34594

(7) The individual is providing nursing care during any	34595
disaster, natural or otherwise, that has been officially declared	34596
to be a disaster by a public announcement issued by an appropriate	34597
federal, state, county, or municipal official.	34598

Sec. 4723.79.  The board of nursing shall adopt rules to	34599
administer and enforce sections 4723.71 to 4723.79 of the Revised	34600
Code. The board shall adopt the rules in accordance with Chapter	34601
119. of the Revised Code. The rules shall establish or specify	34602
all of the following:	34603

(A) The application process, fee, and requirements for	34604
approval, reapproval, and withdrawing the approval of a dialysis	34605
training program under section 4723.74 of the Revised Code. The	34606
requirements shall include standards that must be satisfied	34607
regarding curriculum, length of training, and instructions in	34608
patient care.	34609

(B) The application process, fee, and requirements for	34610
issuance of a certificate under section 4723.75 of the Revised	34611
Code, except that the amount of the fee shall be no greater than	34612
the fee charged under division (A)(1) of section 4723.08 of the	34613
Revised Code;	34614

(C) The application process, fee, and requirements for	34615
issuance of a temporary certificate under section 4723.76 of the	34616
Revised Code;	34617

(D) The process for approval of testing organizations under	34618
section 4723.751 of the Revised Code;	34619

(E) Subjects to be included in a certification examination	34620
provided for in division (B)(1) of section 4723.75 of the Revised	34621
Code;	34622

(F) The schedule, fees, and continuing education	34623
requirements for renewal of a certificate under section 4723.77 of	34624
the Revised Code, except that the fee for the renewal of a	34625
certificate shall be no greater than the fee charged under	34626
division (A)(9) of section 4723.08 of the Revised Code or,	34627
effective September 1, 2003, division (A)(10) of that section;	34628

(G) Standards and procedures for establishing and	34629
maintaining the dialysis registry required by section 4723.78 of	34630
the Revised Code, including standards and procedures that persons	34631
must follow in providing the information to be included in the	34632
registry;	34633

(H) Standards for the administration of medication by	34634
dialysis technicians under section 4723.72 of the Revised Code;	34635

(I) The information a dialysis provider is to provide to the	34636
board when attesting to a person's competence to perform dialysis;	34637

(J) Standards and procedures for the supervision of dialysis	34638
technicians who provide dialysis care in a patient's home,	34639
including monthly home visits by a registered nurse to monitor the	34640
quality of the dialysis care;	34641

(K) Any other procedures or requirements necessary for the	34642
administration and enforcement of sections 4723.71 to 4723.79 of	34643
the Revised Code.	34644

Sec. 4725.44.  (A) The Ohio optical dispensers board shall	34645
be responsible for the administration of sections 4725.40 to	34646
4725.59 of the Revised Code and, in particular, shall process	34647
applications for licensure as licensed dispensing opticians;	34648
schedule, administer, and supervise the qualifying examinations	34649
for licensure or contract with a testing service to schedule,	34650
administer, and supervise the qualifying examination for	34651
licensure; issue licenses to qualified individuals; revoke and	34652
suspend licenses; and maintain adequate records with respect to	34653
its operations and responsibilities.	34654

(B) The board shall adopt, amend, or rescind rules, pursuant	34655
to Chapter 119. of the Revised Code, for the licensure of	34656
dispensing opticians, and such other rules as are required by or	34657
necessary to carry out the responsibilities imposed by sections	34658
4725.40 to 4725.59 of the Revised Code.	34659

(C) The board shall have no authority to adopt rules	34660
governing the employment of dispensing opticians, the location or	34661
number of optical stores, advertising of optical products or	34662
services, or the manner in which such products can be displayed.	34663

Sec. 4725.48.  (A) Any person who desires to engage in	34664
optical dispensing, except as provided in section 4725.47 of the	34665
Revised Code, shall file a properly completed written application	34666
for an examination with the Ohio optical dispensers board or with	34667
the testing service the board has contracted with pursuant to	34668
section 4725.49 of the Revised Code. The application for	34669
examination shall be made on a form provided by the board or	34670
testing service and shall be accompanied by an examination fee the	34671
board shall establish by rule. Applicants must return the	34672
application to the board or testing service at least sixty days	34673
prior to the date the examination is scheduled to be administered.	34674

(B) Except as provided in section 4725.47 of the Revised	34675
Code, any person who desires to engage in optical dispensing shall	34676
file a properly completed written application for a license with	34677
the board with the appropriate license fee as set forth under	34678
section 4725.50 of the Revised Code.	34679

No person shall be eligible to take any examination apply for	34680
a license under this division, unless he the person is at least	34681
eighteen years of age, is of good moral character, is free of	34682
contagious or infectious disease, and has received a passing	34683
score, as determined by the board, on the examination administered	34684
under division (A) of this section, is a graduate of an accredited	34685
high school of any state, or has received an equivalent education	34686
equivalent thereto.	34687

(B) Except as provided in division (C) of this section, each	34688
person who desires to dispense optical aids shall be eligible to	34689
take the qualifying examination for such practice, if, in addition	34690
to satisfying the criteria of division (A) of this section, he and	34691
has successfully completed either of the following:	34692

(1) Two years of supervised experience under a licensed	34693
dispensing optician, optometrist, or physician engaged in the	34694
practice of ophthalmology, up to one year of which may be	34695
continuous experience of not less than thirty hours a week in an	34696
optical laboratory;	34697

(2) A two-year college level program in optical dispensing	34698
that has been approved by the board and that includes, but is not	34699
limited to, courses of study in mathematics, science, English,	34700
anatomy and physiology of the eye, applied optics, ophthalmic	34701
optics, measurement and inspection of lenses, lens grinding and	34702
edging, ophthalmic lens design, keratometry, and the fitting and	34703
adjusting of spectacle lenses and frames and contact lenses,	34704
including methods of fitting contact lenses and post-fitting care.	34705

(C) A registered apprentice or a student in an approved	34706
college level program in optical dispensing may take the	34707
qualifying examination after completion of one year of the	34708
apprenticeship or program but shall not be eligible for licensure	34709
until he has completed the second year of the apprenticeship or	34710
program.	34711

(D) Any person who desires to obtain a license to practice	34712
as an ocularist shall file a properly completed written	34713
application with the board accompanied by the appropriate fee and	34714
proof that the applicant has met the requirements for licensure.	34715
The board shall establish, by rule, the application fee and the	34716
minimum requirements for licensure, including education,	34717
examination, or experience standards recognized by the board as	34718
national standards for ocularists. The board shall issue a	34719
license to practice as an ocularist to an applicant who satisfies	34720
the requirements of this division and rules adopted pursuant to	34721
this division.	34722

Sec. 4725.49.  (A) The Ohio optical dispensers board shall	34723
examine each applicant eligible for examination under section	34724
4725.48 of the Revised Code. The board may provide for the	34725
examination of applicants by designing, preparing, and	34726
administering the qualifying examinations or by contracting with a	34727
testing service that is nationally recognized as being capable of	34728
determining competence to dispense optical aids as a licensed	34729
spectacle dispensing optician, a licensed contact lens dispensing	34730
optician, or a licensed spectacle-contact lens dispensing	34731
optician. Any examination used shall be designed to measure	34732
specific performance requirements, be professionally constructed	34733
and validated, and be independently and objectively administered	34734
and scored in order to determine the applicant's competence to	34735
dispense optical aids.	34736

(B) The board shall ensure that it, or the testing service	34737
it contracts with, does all of the following:	34738

(1) Provides public notice as to the date, time, and place	34739
for each examination at least ninety days prior to the	34740
examination;	34741

(2) Offers each qualifying examination at least twice each	34742
year in Columbus, except as provided in division (C) of this	34743
section;	34744

(3) Provides to each applicant all forms necessary to apply	34745
for examination;	34746

(4) Provides all materials and equipment necessary for the	34747
applicant to take the examination.	34748

(C) If the number of applicants for any qualifying	34749
examination is less than ten, the examination may be postponed.	34750
The board or testing service shall provide the applicant with	34751
written notification of the postponement and of the next date the	34752
examination is scheduled to be administered.	34753

(D) No limitation shall be placed upon the number of times	34754
that an applicant may repeat any qualifying examination, except	34755
that, if an applicant fails an examination for a third time, the	34756
board may require that the applicant, prior to retaking the	34757
examination, undergo additional study in the areas of the	34758
examination in which he the applicant experienced difficulty.	34759

Sec. 4729.65.  (A) Except as provided in division (B) of	34760
this section, all receipts of the state board of pharmacy, from	34761
any source, shall be deposited into the state treasury to the	34762
credit of the occupational licensing and regulatory pharmacy board	34763
operating fund, which is hereby created. All moneys derived from	34764
fees the board is entitled to collect under this chapter shall be	34765
deposited to the credit of the fund. All moneys deposited into	34766
the state treasury pursuant to this section shall be used solely	34767
for the administration and enforcement of this chapter. All	34768
vouchers of the board shall be approved by the president or	34769
executive director of the board, or both, as authorized by the	34770
board. All initial issuance fees and renewal fees required by	34771
sections 4729.01 to 4729.54 of the Revised Code shall be payable	34772
by the applicant at the time of making application.	34773

(B)(1) There is hereby created in the state treasury the	34774
board of pharmacy drug law enforcement fund. All moneys that are	34775
derived from any fines, mandatory fines, or forfeited bail to	34776
which the board may be entitled under Chapter 2925., division	34777
(C)(1) of section 2923.42, or division (B)(5) of section 2925.42	34778
of the Revised Code and all moneys that are derived from	34779
forfeitures of property to which the board may be entitled	34780
pursuant to Chapter 2925. of the Revised Code, section 2923.32,	34781
2923.35, 2923.44, 2923.45, 2923.46, or 2933.43 of the Revised	34782
Code, any other section of the Revised Code, or federal law shall	34783
be deposited into the fund. Subject to division (B)(2) of this	34784
section, division (D)(2)(c) of section 2923.35, division (B)(5) of	34785
section 2923.44, division (B)(7)(c) of section 2923.46, and	34786
divisions (D)(1)(c) and (3) of section 2933.43 of the Revised	34787
Code, the moneys in the fund shall be used solely to subsidize the	34788
drug law enforcement efforts of the board.	34789

(2) Notwithstanding any contrary provision in the Revised	34790
Code, moneys that are derived from forfeitures of property	34791
pursuant to federal law and that are deposited into the board of	34792
pharmacy drug law enforcement fund in accordance with division	34793
(B)(1) of this section shall be used and accounted for in	34794
accordance with the applicable federal law, and the board	34795
otherwise shall comply with that law in connection with the	34796
moneys.	34797

(C) All fines and forfeited bonds assessed and collected	34798
under prosecution or prosecution commenced in the enforcement of	34799
this chapter shall be paid to the executive director of the board	34800
within thirty days and by the executive director paid into the	34801
state treasury to the credit of the occupational licensing and	34802
regulatory pharmacy board operating fund. The board, subject to	34803
the approval of the controlling board and except for fees required	34804
to be established by the board at amounts "adequate" to cover	34805
designated expenses, may establish fees in excess of the amounts	34806
provided by this chapter, provided that such fees do not exceed	34807
the amounts permitted by this chapter by more than fifty per cent.	34808

Sec. 4731.14.  (A) As used in this section, "graduate	34809
medical education" has the same meaning as in section 4731.091 of	34810
the Revised Code.	34811

(B) The state medical board shall issue its certificate to	34812
practice medicine and surgery or osteopathic medicine and surgery	34813
as follows:	34814

(1) The board shall issue its certificate to each individual	34815
who was admitted to the board's examination by meeting the	34816
educational requirements specified in division (B)(1) or (3) of	34817
section 4731.091 of the Revised Code if the individual passes the	34818
examination, pays a certificate issuance fee of three hundred	34819
dollars, and submits evidence satisfactory to the board that the	34820
individual has successfully completed not less than twelve months	34821
of graduate medical education or its equivalent as determined by	34822
the board.	34823

(2) Except as provided in section 4731.142 of the Revised	34824
Code, the board shall issue its certificate to each individual who	34825
was admitted to the board's examination by meeting the educational	34826
requirements specified in division (B)(2) of section 4731.091 of	34827
the Revised Code if the individual passes the examination, pays a	34828
certificate issuance fee of three hundred dollars, submits	34829
evidence satisfactory to the board that the individual has	34830
successfully completed not less than twenty-four months of	34831
graduate medical education through the second-year level of	34832
graduate medical education or its equivalent as determined by the	34833
board, and, if the individual passed the examination prior to	34834
completing twenty-four months of graduate medical education or its	34835
equivalent, the individual continues to meet the moral character	34836
requirements for admission to the board's examination.	34837

(C) Each certificate issued by the board shall be signed by	34838
its president and secretary, and attested by its seal. The	34839
certificate shall be on a form prescribed by the board and shall	34840
indicate the medical degree held by the individual to whom the	34841
certificate is issued. If the individual holds the degree of	34842
doctor of medicine, the certificate shall state that the	34843
individual is authorized to practice medicine and surgery pursuant	34844
to the laws of this state. If the individual holds the degree of	34845
doctor of osteopathic medicine, the certificate shall state that	34846
the individual is authorized to practice osteopathic medicine and	34847
surgery pursuant to the laws of this state. If the individual	34848
holds a medical degree other than the degree of doctor of medicine	34849
or doctor of osteopathic medicine, the certificate shall indicate	34850
the diploma, degree, or other document issued by the medical	34851
school or institution the individual attended and shall state that	34852
the individual is authorized to practice medicine and surgery	34853
pursuant to the laws of this state.	34854

(D) The certificate shall be prominently displayed in the	34855
certificate holder's office or place where a major portion of the	34856
certificate holder's practice is conducted and shall entitle the	34857
holder to practice either medicine and surgery or osteopathic	34858
medicine and surgery provided the certificate holder maintains	34859
current registration as required by section 4731.281 of the	34860
Revised Code and provided further that such certificate has not	34861
been revoked, suspended, or limited by action of the state medical	34862
board pursuant to this chapter.	34863

(E) An affirmative vote of not less than six members of the	34864
board is required for the issuance of a certificate.	34865

(F) If an individual receives an initial or renewed training	34866
certificate under section 4731.291 of the Revised Code and not	34867
later than four months thereafter applies for a certificate under	34868
this section, the fee required by division (B)(1) of this section	34869
shall be reduced by the amount of the fee paid for the training	34870
certificate.	34871

Sec. 4731.53.  At the time an applicant files an application,	34873
the applicant shall file with the secretary of the state medical	34874
board evidence of preliminary education showing that the applicant	34875
has satisfactorily completed at least two years of collegiate work	34876
in an approved college of arts and sciences in addition to high	34877
school graduation. When the entrance examiner finds the	34878
preliminary education of the applicant sufficient, the entrance	34879
examiner shall issue a certificate of preliminary examination upon	34880
the payment to the treasurer of the board of a fee of thirty-five	34881
dollars. Such certificate shall be attested by the secretary.	34882

The applicant shall also present a diploma from a college of	34883
podiatric medicine and surgery in good standing as defined by the	34884
board at the time the diploma was issued. The applicant shall	34885
present an affidavit that the applicant is the person named in the	34886
diploma and is the lawful possessor thereof stating the	34887
applicant's age, residence, the school at which the applicant	34888
obtained education in podiatric medicine and surgery, the time	34889
spent in the study of podiatric medicine and surgery, and such	34890
other facts as the board may require.	34891

The applicant shall also present proof of completion of one	34892
year of postgraduate training in a podiatric internship,	34893
residency, or clinical fellowship program accredited by the	34894
council on podiatric medical education or the American podiatric	34895
medical association.	34896

Sec. 4731.573.  (A) An individual seeking to pursue an	34897
internship, residency, or clinical fellowship program in podiatric	34898
medicine and surgery in this state, who does not hold a	34899
certificate to practice podiatric medicine and surgery issued	34900
under this chapter, shall apply to the state medical board for a	34901
training certificate. The application shall be made on forms that	34902
the board shall furnish and shall be accompanied by an application	34903
fee of seventy-five dollars.	34904

An applicant for a training certificate shall furnish to the	34905
board all of the following:	34906

(1) Evidence satisfactory to the board that the applicant is	34907
at least eighteen years of age and is of good moral character;	34908

(2) Evidence satisfactory to the board that the applicant	34909
has been accepted or appointed to participate in this state in one	34910
of the following:	34911

(a) An internship or residency program accredited by either	34912
the council on podiatric medical education or the American	34913
podiatric medical association;	34914

(b) A clinical fellowship program at an institution with a	34915
residency program accredited by either the council on podiatric	34916
medical education or the American podiatric medical association	34917
that is in a clinical field the same as or related to the clinical	34918
field of the fellowship program.	34919

(3) Information identifying the beginning and ending dates	34920
of the period for which the applicant has been accepted or	34921
appointed to participate in the internship, residency, or clinical	34922
fellowship program;	34923

(4) Any other information that the board requires.

34924

(B) If no grounds for denying a certificate under section	34925
4731.22 of the Revised Code apply and the applicant meets the	34926
requirements of division (A) of this section, the board shall	34927
issue a training certificate to the applicant. The board shall	34928
not require an examination as a condition of receiving a training	34929
certificate.	34930

A training certificate issued pursuant to this section shall	34931
be valid only for the period of one year, but may in the	34932
discretion of the board and upon application duly made, be renewed	34933
annually for a maximum of five years. The fee for renewal of a	34934
training certificate shall be thirty-five dollars.	34935

The board shall maintain a register of all individuals who	34936
hold training certificates.	34937

(C) The holder of a valid training certificate shall be	34938
entitled to perform such acts as may be prescribed by or	34939
incidental to the holder's internship, residency, or clinical	34940
fellowship program, but the holder shall not be entitled otherwise	34941
to engage in the practice of podiatric medicine and surgery in	34942
this state. The holder shall limit activities under the	34943
certificate to the programs of the hospitals or facilities for	34944
which the training certificate is issued. The holder shall train	34945
only under the supervision of the podiatrists responsible for	34946
supervision as part of the internship, residency, or clinical	34947
fellowship program. A training certificate may be revoked by the	34948
board upon proof, satisfactory to the board, that the holder	34949
thereof has engaged in practice in this state outside the scope of	34950
the internship, residency, or clinical fellowship program for	34951
which the training certificate has been issued, or upon proof,	34952
satisfactory to the board, that the holder thereof has engaged in	34953
unethical conduct or that there are grounds for action against the	34954
holder under section 4731.22 of the Revised Code.	34955

(D) The board may adopt rules as the board finds necessary	34956
to effect the purpose of this section.	34957

Sec. 4734.20.  (A) Except for persons seeking to practice	34959
chiropractic under a special limited license issued pursuant to	34960
section 4734.27 of the Revised Code, each person seeking to	34961
practice chiropractic in this state shall apply in writing to	34962
the state chiropractic board for a license to practice	34963
chiropractic. The application shall be made under oath, on a form	34964
prescribed by the board, and shall be accompanied by a fee of two	34965
hundred fifty dollars.	34966

(B) Except as provided in sections 4734.23 and 4734.24 of	34967
the Revised Code, to receive a chiropractic license, an applicant	34968
must meet the following conditions:	34969

(1) The applicant must be at least twenty-one years of age,	34970
be of good moral character, and possess a high school education	34971
or its equivalent.	34972

(2) The applicant must have successfully completed, prior to	34973
matriculation at a school or college of chiropractic, at least two	34974
years of college credit in the arts and sciences at a college or	34975
university accredited by a state or regional accrediting	34976
organization recognized by the board, except that the board may	34977
adopt rules in accordance with Chapter 119. of the Revised Code	34978
that require completion of additional years of college credit or	34979
receipt of a college degree in an area specified in the rules.	34980

(3) The applicant must be a graduate of and hold the	34981
degree of doctor of chiropractic from a school or college of	34982
chiropractic approved by the board under section 4734.21 of the	34983
Revised Code.	34984

(4) The applicant must have received one of the following	34985
from the national board of chiropractic examiners, as appropriate	34986
according to the date of the applicant's graduation from a school	34987
or college of chiropractic:	34988

(a) If the applicant graduated on or after January 1, 1970,	34989
but before January 1, 1989, a "diplomate certificate" or	34990
"certificate of attainment" evidencing passage of parts I and II	34991
and the physiotherapy section of the national board's	34992
examinations;	34993

(b) If the applicant graduated on or after January 1, 1989,	34994
but before January 1, 2000 2002, a "certificate of attainment"	34995
evidencing passage of parts I, II, and III and the physiotherapy	34996
section of the national board's examinations;	34997

(c) If the applicant graduated on or after January 1, 2000	34998
2002, a "certificate of attainment" evidencing passage of parts I,	34999
II, III, and IV and the physiotherapy section of the national	35000
board's examinations.	35001

(5) The applicant must have passed the board's jurisprudence	35002
examination conducted under section 4734.22 of the Revised Code.	35003

(C) The board shall issue a license to practice chiropractic	35004
to each applicant who files a complete application, pays all	35005
applicable fees, and meets the conditions specified in division	35006
(B) of this section. The burden of proof is on the applicant, to	35007
prove by clear and convincing evidence to the board, that the	35008
applicant meets the conditions for receipt of the license.	35009

The board may conduct any investigation it considers	35010
appropriate to verify an applicant's credentials, moral character,	35011
and fitness to receive a license. In conducting an investigation,	35012
the board may request information from the records maintained by	35013
the federal bureau of investigation, the bureau of criminal	35014
identification and investigation, and any other repositories of	35015
criminal records held in this or another state. The board may	35016
charge the applicant a fee for conducting the investigation. The	35017
amount of the fee shall not exceed the expenses the board incurs	35018
in conducting the investigation and may include any fees that must	35019
be paid to obtain information in the criminal record.	35020

Sec. 4736.12.  (A) The state board of sanitarian	35021
registration shall charge the following fees:	35022

(1) To apply as a sanitarian-in-training, fifty-five	35023
fifty-seven dollars;	35024

(2) For sanitarians-in-training to apply for registration as	35025
sanitarians, fifty-five fifty-seven dollars. The applicant shall	35026
pay this fee only once regardless of the number of times the	35027
applicant takes an examination required under section 4736.08 of	35028
the Revised Code.	35029

(3) For persons other than sanitarians-in-training to apply	35030
for registration as sanitarians, including persons meeting the	35031
requirements of section 4736.16 of the Revised Code, one hundred	35032
ten fourteen dollars. The applicant shall pay this fee only once	35033
regardless of the number of times the applicant takes an	35034
examination required under section 4736.08 of the Revised Code.	35035

(4) The renewal fee for registered sanitarians shall be	35036
fixed by the board and shall not exceed fifty-eight sixty-one	35037
dollars.	35038

(5) The renewal fee for sanitarians-in-training shall be	35039
fixed by the board and shall not exceed fifty-eight sixty-one	35040
dollars.	35041

(6) For late application for renewal, twenty-five dollars.

35042

The board of sanitarian registration, with the approval of	35043
the controlling board, may establish fees in excess of the amounts	35044
provided in this section, provided that such fees do not exceed	35045
the amounts permitted by this section by more than fifty per cent.	35046

(B) The board of sanitarian registration shall charge	35047
separate fees for examinations as required by section 4736.08 of	35048
the Revised Code, provided that the fees are not in excess of the	35049
actual cost to the board of conducting the examinations.	35050

(C) The board of sanitarian registration may adopt rules	35051
establishing fees for all of the following:	35052

(1) Application for the registration of a training agency	35053
approved under rules adopted by the board pursuant to section	35054
4736.11 of the Revised Code and for the annual registration	35055
renewal of an approved training agency.	35056

(2) Application for the review of continuing education hours	35057
submitted for the board's approval by approved training agencies	35058
or by registered sanitarians or sanitarians-in-training.	35059

Sec. 4736.14.  The state board of sanitarian registration	35060
may, upon application and proof of valid registration, issue a	35061
certificate of registration to any resident of this state person	35062
who is or has been registered as a sanitarian by any other state,	35063
if the requirements of that state at the time of such registration	35064
are determined by the board to be at least equivalent to the	35065
requirements of this chapter.	35066

Sec. 4743.05.  Except as otherwise provided in sections	35067
section 4701.20, and 4729.65 of the Revised Code, all money	35068
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715.,	35069
4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741.,	35070
4753., 4755., 4757., 4759., and 4761. of the Revised Code, and	35071
until December 31, 2004, money collected under Chapter 4779. of	35072
the Revised Code, shall be paid into the state treasury to the	35073
credit of the occupational licensing and regulatory fund, which is	35074
hereby created for use in administering such chapters. Money	35075
deposited to the credit of the fund under section 4731.24 of the	35076
Revised Code shall be used until July 1, 1998, for administering	35077
Chapters 4730. and 4731. of the Revised Code.	35078

At the end of each quarter, the director of budget and	35079
management shall transfer from the occupational licensing and	35080
regulatory fund to the nurse education assistance fund created in	35081
section 3333.28 of the Revised Code the amount certified to the	35082
director under division (B) of section 4723.08 of the Revised	35083
Code.	35084

At the end of the first quarter of 1995 and at the end of	35085
each quarter thereafter, the director shall transfer from the	35086
occupational licensing and regulatory fund to the certified public	35087
accountant education assistance fund created in section 4701.26 of	35088
the Revised Code the amount certified to the director under	35089
division (D)(H)(2) of section 4701.10 of the Revised Code.	35090

Sec. 4755.01.  As used in sections 4755.01 to 4755.12 and	35091
section 4755.99 of the Revised Code:	35092

(A) "Occupational therapy" means the evaluation of learning	35093
and performance skills and the analysis, selection, and adaptation	35094
of activities for an individual whose abilities to cope with daily	35095
living, perform tasks normally performed at his the individual's	35096
stage of development, and perform vocational tasks are threatened	35097
or impaired by developmental deficiencies, the aging process,	35098
environmental deprivation, or physical, psychological, or social	35099
injury or illness, through specific techniques which include:	35100

(1) Planning and implementing activities and programs to	35101
improve sensory and motor functioning at the level of performance	35102
normal for the individual's stage of development;	35103

(2) Teaching skills, behaviors, and attitudes crucial to the	35104
individual's independent, productive, and satisfying social	35105
functioning;	35106

(3) Designing, fabricating, applying, recommending, and	35107
instructing in the use of selected orthotic or prosthetic devices	35108
and other equipment which assists the individual to adapt to his	35109
the individual's potential or actual impairment;	35110

(4) Analyzing, selecting, and adapting activities to	35111
maintain the individual's optimal performance of tasks and to	35112
prevent further disability;	35113

(5) Administration of topical drugs that have been prescribed	35114
by a licensed health professional authorized to prescribe drugs,	35115
as defined in section 4729.01 of the Revised Code.	35116

(B) "Occupational therapist" means a person who is licensed	35117
to practice occupational therapy and who offers such services to	35118
the public under any title incorporating the words "occupational	35119
therapy," "occupational therapist," or any similar title or	35120
description of services.	35121

(C) "Occupational therapy assistant" means a person licensed	35122
to apply the more standard occupational therapy techniques under	35123
the general supervision of an occupational therapist.	35124

Sec. 4761.05.  (A) The Ohio respiratory care board shall	35125
issue a license to any applicant who complies with the	35126
requirements of section 4761.04 of the Revised Code, files the	35127
prescribed application form, and pays the fee or fees required	35128
under section 4761.07 of the Revised Code. The license entitles	35129
the holder to practice respiratory care. The licensee shall	35130
display the license in a conspicuous place at the licensee's	35131
principal place of business.	35132

(B)(1) The board shall issue a limited permit to any	35133
applicant who meets the requirements of division (A)(1) of section	35134
4761.04 of the Revised Code, files the prescribed application	35135
form, pays the fee required under section 4761.07 of the Revised	35136
Code, and meets either of the following requirements:	35137

(a) Is enrolled in and is in good standing in a respiratory	35138
care educational program approved by the board that meets the	35139
requirements of division (A)(2) of section 4761.04 of the Revised	35140
Code leading to a degree or certificate of completion or is a	35141
graduate of the program;	35142

(b) Is employed as a provider of respiratory care in this	35143
state and was employed as a provider of respiratory care in this	35144
state prior to March 14, 1989.	35145

(2) The limited permit authorizes the holder to provide	35146
respiratory care under the supervision of a respiratory care	35147
professional. A person issued a limited permit under division	35148
(B)(1)(a) of this section may practice respiratory care under the	35149
limited permit for not more than the earliest of the following:	35150

(a) Three years after the date the limited permit is issued;

35151

(b) One year following the date of receipt of a certificate	35152
of completion from a board-approved respiratory care education	35153
program;	35154

(c) Until the holder completes or discontinues participation	35155
in the educational program.	35156

The board may extend the term of a limited permit in cases of	35157
unusual hardship. The holder seeking an extension shall petition	35158
the board in the form and manner prescribed by the board in rules	35159
adopted under section 4761.03 of the Revised Code. This division	35160
does not require a student enrolled in an educational program	35161
leading to a degree or certificate of completion in respiratory	35162
care approved by the board to obtain a limited permit to perform	35163
any duties that are part of the required course of study.	35164

(3) A person issued a limited permit under division	35165
(B)(1)(b) of this section may practice under a limited permit for	35166
not more than three years, except that this restriction does not	35167
apply to a permit holder who, on March 14, 1989, has been employed	35168
as a provider of respiratory care for an average of not less than	35169
twenty-five hours per week for a period of not less than five	35170
years by a hospital.	35171

(C) All holders of licenses and limited permits issued under	35172
this section shall display, in a conspicuous place on their	35173
persons, information that identifies the type of authorization	35174
under which they practice.	35175

Sec. 4771.22. The Ohio athletic commission shall deposit all	35176
money it receives under this chapter to the credit of the athlete	35177
agents registration fund, which is hereby created in the state	35178
treasury. The commission shall use the fund to administer and	35179
enforce this chapter.	35180

Sec. 4775.01.  As used in this chapter:

35181

(A) "Motor vehicle" has the same meaning as in section	35182
4501.01 of the Revised Code.	35183

(B) "Collision" means an occurrence in which two or more	35184
objects, whether mobile or stationary, contact one another in a	35185
manner that causes the alteration of the surface, structure, or	35186
appearance, whether separately or collectively, of an object that	35187
is party to the occurrence.	35188

(C) "Collision repair" means any and all restorative or	35189
replacement procedures that are performed on and affect or	35190
potentially affect the structural, life safety, and cosmetic	35191
components of a motor vehicle that has been damaged as a result of	35192
a collision. "Collision repair" also includes any procedure that	35193
is employed for the purpose of repairing, restoring, replacing, or	35194
refinishing, whether wholly or separately, any structural, life	35195
safety, or cosmetic component of a motor vehicle to a condition	35196
approximating or replicating the function, use, or appearance of	35197
the component prior to a collision.	35198

(D) "Motor vehicle collision repair operator" means a any	35199
person who owns or manages, in whole or in part, a motor vehicle	35200
collision repair facility, whether or not mechanical or other	35201
repairs also are performed at the facility, sole proprietorship,	35202
foreign or domestic partnership, limited liability corporation, or	35203
other legal entity that is not an employee or agent of a principal	35204
and performs five or more motor vehicle collision repairs in a	35205
calendar year, but does not mean any of the following:	35206

(1) An employee, other than a manager, of a motor vehicle	35208
collision repair operator;	35209

(2) A motor vehicle dealer licensed pursuant to sections	35210
4517.01 to 4517.45 of the Revised Code;	35211

(3) A motor vehicle dealer licensed pursuant to sections	35212
4517.01 to 4517.45 of the Revised Code who also is the owner, part	35213
owner, or operator of a motor vehicle collision repair facility;	35214

(4) A motor vehicle auction owner licensed pursuant to	35215
sections 4517.01 to 4517.45 of the Revised Code;	35216

(5) A motor vehicle leasing dealer licensed pursuant to	35217
sections 4517.01 to 4517.45 of the Revised Code;	35218

(6) A motor vehicle salvage dealer licensed pursuant to	35219
sections 4738.01 to 4738.18 Chapter 4738. of the Revised Code;	35220

(7) A person or lessee who owns or leases ten or more motor	35221
vehicles used principally in connection with any established	35222
business and who does not perform motor vehicle collision repairs	35223
on motor vehicles other than the motor vehicles used principally	35224
in connection with the established business;	35225

(8) A motor vehicle renting dealer as defined in division	35226
(A)(2) of section 4549.65 of the Revised Code who does not perform	35227
motor vehicle collision repairs on motor vehicles other than the	35228
motor vehicles used in connection with the established motor	35229
vehicle renting business;	35230

(9) A person who performs collision repairs to the motor	35231
vehicles of a single commercial, industrial, or governmental	35232
establishment exclusively and does not offer or provide motor	35233
vehicle collision repair service to the general public;	35234

(10) The owner, part owner, or officer of, or instructor	35235
employed by, an educational institution that provides instruction	35236
in motor vehicle collision repair while the owner, part owner,	35237
officer of, or instructor is engaging in activity in furtherance	35238
of instruction in motor vehicle collision repair.	35239

(C)(E) "Motor vehicle collision repair facility" means a	35240
business location in from which five or more separate motor	35241
vehicle collision repairs are performed for the general public on	35242
motor vehicles in a twelve-month period, commencing with the day	35243
of the month in which the first such repair is made.	35244

Sec. 4775.02.  (A) No person shall act as a motor vehicle	35245
collision repair operator unless the person is registered in	35246
accordance with this chapter.	35247

(B) Any person or entity that conducts or attempts to	35248
conduct business as a motor vehicle collision repair operator in	35249
violation of this chapter performs an unfair and deceptive act or	35250
practice in violation of section 1345.02 of the Revised Code.	35251

Sec. 4775.08.  (A) The initial and annual renewal fee for a	35252
motor vehicle collision repair registration certificate and for a	35253
temporary motor vehicle collision repair registration certificate	35254
is one hundred fifty dollars for each business location at which	35255
the motor vehicle collision repair operator conducts business as	35256
an operator, except that the board of motor vehicle collision	35257
repair registration, with the approval of the controlling board,	35258
may establish fees in excess of or less than that amount, provided	35259
that such fees do not exceed or are not less than that amount by	35260
more than fifty per cent.	35261

The board shall adjust the fees as necessary in order to	35262
provide for the expenses associated with carrying out this chapter	35263
without causing an excessive build-up of surplus funds in the	35264
motor vehicle collision repair registration fund, which is hereby	35265
created in the state treasury.	35266

(B) If the board has notified or attempted to notify a motor	35267
vehicle collision repair operator that the operator is required to	35268
be registered under this chapter, and the operator fails to	35269
register, the initial fee for the registration of such an	35270
unregistered operator for each business location at which the	35271
operator conducts business as an operator, is the initial fee then	35272
in effect plus an additional amount equal to the initial fee then	35273
in effect for each calendar year that the operator is not	35274
registered after the board has notified or attempted to notify the	35275
operator.	35276

(C) The board shall deposit all fees and fines collected	35277
under this chapter into the motor vehicle collision repair	35278
registration fund, which is hereby created in the state treasury.	35279
The board shall use the fund solely for the administration and	35280
enforcement of this chapter.	35281

Sec. 4775.99.  (A) Whoever violates section 4775.02 of the	35282
Revised Code shall be fined not more than one thousand dollars on	35283
a first offense. On each subsequent offense, the offender shall	35284
be fined not less than one thousand nor more than five thousand	35285
dollars.	35286

(B) After conducting an investigation and upon establishing	35287
that a violation of section 4775.02 of the Revised Code has	35288
occurred, the board of motor vehicle collision repair	35289
registration, in addition to any other action it may take or any	35290
other penalty imposed pursuant to this chapter, may impose an	35291
administrative fine on the person or entity that committed the	35292
violation in an amount of not more than one thousand dollars on a	35293
first offense. On each subsequent offense, the board may impose	35294
an administrative fine of not less than one thousand dollars nor	35295
more than five thousand dollars. If the administrative fine is	35296
not paid, the attorney general, upon the board's request, shall	35297
commence a civil action to collect the administrative fine.	35298

Sec. 4779.01.  As used in this chapter:

35299

(A) "Accommodative" means designed with the primary goal of	35300
conforming to the anatomy of a particular individual.	35301

(B) "Full-time" means not less than one thousand six hundred	35302
hours per year.	35303

(C) "Inlay" means any removable material on which the foot	35304
rests inside a shoe and that may be an integral design component	35305
of the shoe.	35306

(D) "Orthotics" means the evaluation, measurement, design,	35307
fabrication, assembly, fitting, adjusting, servicing, or training	35308
in the use of an orthotic or pedorthic device, or the repair,	35309
replacement, adjustment, or service of an existing orthotic or	35310
pedorthic device. It does not include upper extremity adaptive	35311
equipment used to facilitate the activities of daily living,	35312
finger splints, wrist splints, prefabricated elastic or fabric	35313
abdominal supports with or without metal or plastic reinforcing	35314
stays and other prefabricated soft goods requiring minimal	35315
fitting, nontherapeutic accommodative inlays, shoes that are not	35316
manufactured or modified for a particular individual,	35317
prefabricated foot care products, durable medical equipment,	35318
dental appliances, pedorthic devices, or devices implanted into	35319
the body by a physician.	35320

(E) "Orthotic device" means a custom fabricated or fitted	35321
medical device used to support, correct, or alleviate	35322
neuromuscular or musculoskeletal dysfunction, disease, injury, or	35323
deformity.	35324

(F) "Pedorthics" means the evaluation, measurement, design,	35325
fabrication, assembly, fitting, adjusting, servicing, or training	35326
in the use of a pedorthic device, or the repair, replacement,	35327
adjustment, or servicing of a pedorthic device.	35328

(G) "Pedorthics device" means a custom fabricated or fitted	35329
therapeutic shoe, shoe modification for therapeutic purposes,	35330
prosthetic filler of the forefoot, or foot orthosis for use from	35331
the apex of the medical malleus medial malleolus and below. It	35332
does not include an arch support, a nontherapeutic accommodative	35333
inlay, nontherapeutic accommodative footwear, prefabricated	35334
footcare products, or unmodified, over-the-counter shoes.	35335

(H) "Prosthetics" means the evaluation, measurement, design,	35336
fabrication, assembly, fitting, adjusting, servicing, or training	35337
in the use of a prosthesis or pedorthic device, or the repair,	35338
replacement, adjustment, or service of a prosthesis or pedorthic	35339
device.	35340

(I) "Prosthesis" means a custom fabricated or fitted medical	35341
device used to replace a missing appendage or other external body	35342
part. It includes an artificial limb, hand, or foot, but does not	35343
include devices implanted into the body by a physician, artificial	35344
eyes, intraocular lenses, dental appliances, ostomy products,	35345
cosmetic devices such as breast prostheses, eyelashes, wigs, or	35346
other devices that do not have a significant impact on the	35347
musculoskeletal functions of the body.	35348

Sec. 4779.02.  (A) Except as provided in division (B) of this	35349
section, no person shall practice or represent that the person is	35350
authorized to practice orthotics, prosthetics, or pedorthics	35351
unless the person holds a current, valid license issued or renewed	35352
under this chapter.	35353

(B) Division (A) of this section does not apply to any of	35354
the following:	35355

(1) An individual who holds a current, valid license,	35356
certificate, or registration issued under Chapter 4723., 4730.,	35357
4731., 4734., or 4755. of the Revised Code and is practicing	35358
within the individual's scope of practice under statutes and rules	35359
regulating the individual's profession;	35360

(2) An individual who practices orthotics, prosthetics, or	35361
pedorthics as an employee of the federal government and is engaged	35362
in the performance of duties prescribed by statutes and	35363
regulations of the United States;	35364

(3) An individual who provides orthotic, prosthetic, or	35365
pedorthic services under the supervision of a licensed orthotist,	35366
prosthetist, or pedorthist in accordance with section 4779.04 of	35367
the Revised Code;	35368

(4) An individual who provides orthotic, prosthetic, or	35369
pedorthic services as part of an educational, certification, or	35370
residency program approved by the board under sections 4779.25 to	35371
4779.27 of the Revised Code;	35372

(5) An individual who provides orthotic, prosthetic, or	35373
pedorthic services under the direct supervision of an individual	35374
authorized under Chapter 4731. of the Revised Code to practice	35375
medicine and surgery or osteopathic medicine and surgery.	35376

Sec. 4779.16.  The state board of orthotics, prosthetics, and	35377
pedorthics shall issue a license under section 4779.09 of the	35378
Revised Code to practice orthotics, prosthetics, orthotics and	35379
prosthetics, or pedorthics without examination to an applicant who	35380
meets the requirements of divisions (A) and (B) of this section:	35381

(A) Not later than July 27, 2001, applies to the board in	35382
accordance with section 4779.09 of the Revised Code;	35383

(B)(1) In the case of an applicant for a license to practice	35384
orthotics, is actively practicing or teaching orthotics on October	35385
27, 2000, and complies with division (B)(2)(1)(a) or (b) of this	35386
section:	35387

(a) The applicant meets all of the following requirements:	35388

(i) Holds a bachelor's degree or higher from a nationally	35389
accredited college or university in the United States;	35390

(ii) Has completed a certificate program in orthotics	35391
approved by the board under section 4779.26 of the Revised Code;	35392

(iii) Is certified in orthotics by the American board for	35393
certification in orthotics and prosthetics, the board of	35394
orthotist/prosthetist certification, or an equivalent successor	35395
organization recognized by the board;	35396

(iv) Has completed a residency program approved by the board	35397
under section 4779.27 of the Revised Code.	35398

(b) The individual meets both of the following requirements:

35399

(i) Has a minimum of three years of documented, full-time	35400
experience practicing or teaching orthotics;	35401

(ii) Has passed the certification examination in orthotics	35402
developed by the American board of certification in orthotics and	35403
prosthetics, the board of orthotist/prosthetist certification, or	35404
an equivalent organization recognized by the board.	35405

(2) In the case of an applicant for a license to practice	35406
prosthetics, is actively practicing or teaching prosthetics on	35407
October 27, 2000, and complies with division (B)(2)(a) or (b) of	35408
this section:	35409

(a) The applicant meets all of the following requirements:

35410

(i) Holds a bachelor's degree or higher from a nationally	35411
accredited college or university in the United States;	35412

(ii) Has completed a certificate program in prosthetics	35413
approved by the board under section 4779.26 of the Revised Code;	35414

(iii) Is certified in prosthetics by the American board for	35415
certification in orthotics and prosthetics, the board of	35416
orthotist/prosthetist certification, or an equivalent successor	35417
organization recognized by the board;	35418

(iv) Has completed a residency program approved by the board	35419
under section 4779.27 of the Revised Code.	35420

(b) The applicant meets both of the following requirements:

35421

(i) Has a minimum of three years of documented, full-time	35422
experience practicing or teaching prosthetics;	35423

(ii) Has passed the certification examination in prosthetics	35424
of the American board of certification in orthotics and	35425
prosthetics, the board of orthotist/prosthetist certification, or	35426
an equivalent organization recognized by the board.	35427

(3) In the case of an applicant for a license to practice	35428
orthotics and prosthetics, the applicant complies with division	35429
(B)(3)(a) or (b) of this section:	35430

(a) The applicant meets all of the following requirements:	35431

(i) Holds a bachelor's degree or higher from an accredited	35432
college or university in the United States;	35433

(ii) Has completed a certificate program in orthotics and	35434
prosthetics approved by the board under section 4779.26 of the	35435
Revised Code;	35436

(iii) Has completed a residency program in orthotics and	35437
prosthetics approved under section 4779.27 of the Revised Code;	35438

(iv) Is certified in orthotics and prosthetics by the	35439
American board for certification in orthotics and prosthetics, the	35440
board of orthotist/prosthetist certification, or an equivalent	35441
successor organization recognized by the board;	35442

(b) The applicant meets both of the following requirements:	35443

(i) Has a minimum of six years of documented, full-time	35444
experience practicing or teaching orthotics and prosthetics;	35445

(ii) Has passed the orthotics and prosthetics certification	35446
examination requirements of the American board for certification	35447
in orthotics and prosthetics, the board of orthotist/prosthetist	35448
certification, or an equivalent organization recognized by the	35449
board.	35450

(4) In the case of an applicant for a license to practice	35451
pedorthics, is actively practicing or teaching pedorthics on	35452
October 27, 2000, and is certified in pedorthics by the board for	35453
certification in pedorthics.	35454

Sec. 4779.19.  A license issued under section 4779.09 of the	35455
Revised Code or renewed under section 4779.20 of the Revised Code	35456
is valid for not less than three years and not more than four	35457
years and from the date of issuance until the date it expires,	35458
unless earlier suspended or revoked. An initial license and each	35459
renewed license expires on the thirty-first day of January	35460
immediately succeeding the date of issuance.	35461

Sec. 4779.20.  (A) An individual seeking to renew a license	35462
issued under section 4779.09 of the Revised Code shall, on or	35463
before the thirty-first day of January of the year in which the	35464
license expires pursuant to section 4779.19 of the Revised Code,	35465
apply for renewal. The state board of orthotics, prosthetics, and	35466
pedorthics shall send renewal notices at least one month prior to	35467
the expiration date.	35468

Applications shall be submitted to the board on forms the	35469
board prescribes and furnishes. Each application shall be	35470
accompanied by a renewal fee specified in rules adopted by the	35471
board under section 4779.08 of the Revised Code, except that the	35472
board may waive part of the renewal fee for the first renewal of	35473
an initial license that expires one hundred days or less after it	35474
is issued.	35475

(B) To be eligible for renewal other than a first renewal,	35476
the Beginning with the fourth renewal and every third renewal	35477
thereafter, a license holder must certify to the board one of the	35478
following:	35479

(1) In the case of an individual licensed as an orthotist or	35480
prosthetist, the individual has completed within the preceding	35481
three years forty-five continuing education units granted by the	35482
board under section 4779.24 of the Revised Code;	35483

(2) In the case of an individual licensed as a prosthetist	35484
and orthotist, the individual has completed within the preceding	35485
three years seventy-five continuing education units granted by the	35486
board under section 4779.24 of the Revised Code;	35487

(3) In the case of an individual licensed as a pedorthist,	35488
the individual has completed within the previous three years the	35489
continuing education courses required by the board for	35490
certification in pedorthics or an equivalent organization	35491
recognized by the board.	35492

Sec. 4779.26.  The state board of orthotics, prosthetics, and	35493
pedorthics shall recognize a certificate program in orthotics,	35494
prosthetics, or orthotics and prosthetics if the program satisfies	35495
all of the following requirements:	35496

(A) Meets the requirements in divisions (B), (C), (D), (E),	35497
(F), (K), and (L) of section 4779.24 4779.25 of the Revised Code;	35498

(B) In the case of a certificate program in orthotics, the	35499
program does all of the following:	35500

(1) Provides not less than two semesters or three quarters	35501
of instruction in orthotics;	35502

(2) Requires students to complete not less than two hundred	35503
fifty hours of supervised clinical experience that focuses on	35504
patient-related activities, recommendation, measurement,	35505
impression-taking, model rectification, fabrication, fitting, and	35506
evaluating patients in the use and function of orthotics;	35507

(3) Meets the requirements in divisions (G) and (H) of	35508
section 4779.25 of the Revised Code.	35509

(C) In the case of a certificate program in prosthetics, the	35510
program does all of the following:	35511

(1) Provides not less than two semesters or three quarters	35512
of instruction in prosthetics;	35513

(2) Requires students to complete not less than two hundred	35514
fifty hours of supervised clinical experience that focuses on	35515
patient-related activities, recommendation, measurement,	35516
impression-taking, model rectification, fabrication, fitting, and	35517
evaluating patients in the use and function of prosthetics;	35518

(3) Meets the requirements in divisions (F) and (I) of	35519
section 4779.25 of the Revised Code.	35520

(D) In the case of a certificate program in orthotics and	35521
prosthetics, the program does both of the following:	35522

(1) Provides not less than two semesters or three quarters	35523
of instruction in orthotics and two semesters or three quarters of	35524
instruction in prosthetics;	35525

(2) Meets the requirements in divisions (H) and (I) of	35526
section 4779.25 of the Revised Code.	35527

Sec. 4905.071. (A) As used in this section, "personal	35528
information" has the same meaning as in section 1347.01 of the	35529
Revised Code.	35530

(B)(1) Personal information of an individual that is	35531
obtained by the public utilities commission, reduced to written or	35532
electronic form, and used in implementing lawful, regulatory	35533
authority of the commission is not a public record pursuant to	35534
section 149.43 or 4901.12 of the Revised Code and is not open to	35535
inspection pursuant to section 4905.07 of the Revised Code, unless	35536
the individual waives nondisclosure under those sections.	35537

(2) Notwithstanding division (B)(1) of this section and	35538
solely for the purpose of resolving a consumer complaint or a	35539
complaint filed or presented pursuant to section 4905.26 or	35540
4909.153 of the Revised Code or assisting the consumers' counsel	35541
in carrying out the authority conferred by Chapter 4911. of the	35542
Revised Code, the commission may disclose personal information	35543
described in division (B)(1) of this section without that	35544
information becoming a public record pursuant to section 149.43 or	35545
4901.12 of the Revised Code or being open to inspection pursuant	35546
to section 4905.07 of the Revised Code.	35547

Sec. 4905.87. (A) To the extent funding is available in the	35548
biomass energy program fund, the public utilities commission shall	35549
maintain a program to promote the development and use of biomass	35550
energy.	35551

(B) The biomass energy program fund is hereby created in the	35552
state treasury. Money received by the commission for the program	35553
maintained under this section shall be credited to the fund, and	35554
used for that program.	35555

Sec. 4911.17.  There is hereby created a nine-member	35557
consumers' counsel governing board consisting of three	35558
representatives of organized groups representing each of the	35559
following areas: labor; residential consumers; and family farmers.	35560
No more than five members of this board may be members of the same	35561
political party.	35562

The members of the board shall be appointed by the attorney	35563
general with the advice and consent of the senate.	35564

No later than January 1, 1977, the attorney general shall	35565
make initial appointments to the board. Of the initial	35566
appointments made to the board, three shall be for a term ending	35567
one year after September 1, 1976, three shall be for a term ending	35568
two years after that date, and three shall be for a term ending	35569
three years after that date. Thereafter, terms of office shall be	35570
for three years, each term ending on the same day of the same	35571
month of the year as did the term that it succeeds. Each member	35572
shall hold office from the date of the member's appointment until	35573
the end of the term for which the member was appointed. Any	35574
member appointed to fill a vacancy occurring prior to the	35575
expiration of the term for which the member's predecessor was	35576
appointed shall hold office for the remainder of that term. Any	35577
member shall continue in office subsequent to the expiration date	35578
of the member's term until the member's successor takes office.	35579

The governing board shall meet within thirty days after all	35580
appointments have been made and select from among its membership a	35581
chairperson and vice-chairperson. The board shall meet at least	35582
every other third month thereafter of the year. Meetings may be	35583
held more often at the request of a majority of the members or	35584
upon call of the chairperson. A At the first meeting of each year,	35585
the board shall select a chairperson and vice-chairperson. With	35586
the approval of the board, the chairperson may designate the	35587
vice-chairperson to perform the duties of the chairperson,	35588
including those provided in section 4901.021 of the Revised Code.	35589

A majority of the members constitutes a quorum. No action	35590
shall be taken without the concurrence of a majority of the full	35591
membership of the board. The consumers' counsel shall at all	35592
times remain responsible to the governing board. Members of the	35593
board shall be compensated at the rate of one hundred fifty	35594
dollars per board meeting attended in person, not to exceed one	35595
thousand two hundred dollars per year. All members shall be	35596
reimbursed for actual and necessary expenses incurred in the	35597
performance of the their official duties.	35598

The board shall submit to the general assembly no later than	35599
the first day of April, annually, a report outlining the	35600
expenditures of the office of consumers' counsel, a full record of	35601
participation in any and all proceedings, and an outline of other	35602
relevant activities of the office.	35603

Sec. 4921.18.  (A) Every motor transportation company or	35604
common carrier by motor vehicle operating in this state shall, at	35605
the time of the issuance of a certificate of public convenience	35606
and necessity to it and annually thereafter on or between the	35607
first and the fifteenth days of July of each year, pay to the	35608
public utilities commission, for and on behalf of the treasurer of	35609
state, the following taxes:	35610

(1) For each motor-propelled or motor-drawn vehicle used for	35611
transporting persons, multiply the normal number of passengers	35612
that can be seated at one time in each such vehicle by four thirty	35613
dollars;	35614

(2) For each commercial tractor, as defined in section	35615
4501.01 of the Revised Code, used for transporting property,	35616
thirty dollars;	35617

(3) For each motor truck transporting property, twenty	35618
dollars;	35619

(4) For each motor-propelled vehicle used for transporting	35620
both persons and property simultaneously, the tax shall be	35621
computed on the basis of either property transportation or	35622
passenger capacity, and the basis which yields the greater revenue	35623
shall apply.	35624

(B) A trailer used by a motor transportation company or	35625
common carrier by motor vehicle shall not be taxed under this	35626
section.	35627

(C) The annual tax levied by this section does not apply in	35628
those cases where the commission finds that the movement of	35629
agricultural commodities or foodstuffs produced therefrom requires	35630
a temporary and seasonal use of vehicular equipment for a period	35631
of not more than ninety days. In such event the tax on such	35632
vehicular equipment shall be twenty-five per cent of the annual	35633
tax levied by this section. If any vehicular equipment is used in	35634
excess of such ninety-day period the annual tax levied by this	35635
section shall be paid.	35636

(D) Any motor-propelled or motor-drawn vehicle used for	35637
transporting persons, commercial tractor as defined in section	35638
4501.01 of the Revised Code, or motor truck used for the	35639
transportation of property, with respect to which the tax imposed	35640
by this section has been paid, may be used by another motor	35641
transportation company or common carrier, or by a private motor	35642
carrier or contract carrier, without further payment of the tax	35643
imposed by this section or by section 4923.11 of the Revised Code.	35644

(E) The commission shall account for the taxes collected	35645
pursuant to this section, and shall pay such taxes to the	35646
treasurer of state pursuant to section 4923.12 of the Revised Code	35647
on or before the fifteenth day of each month for the taxes	35648
collected in each preceding month.	35649

(F) All taxes levied upon the issuance of a certificate to	35650
any motor transportation company or common carrier by motor	35651
vehicle shall be reckoned as from the beginning of the quarter in	35652
which such certificate is issued or the use of equipment under any	35653
existing certificate began.	35654

Sec. 4923.11.  (A) Every private motor carrier or contract	35655
carrier by motor vehicle operating in this state shall, at the	35656
time of the issuance of its permit, and annually thereafter on or	35657
between the first and fifteenth days of July of each year, pay to	35658
the public utilities commission for and on behalf of the treasurer	35659
of state, the following taxes:	35660

(1) For each motor-propelled or motor-drawn vehicle used for	35661
transporting persons, multiply the normal number of passengers	35662
that can be seated at one time in each such vehicle by four thirty	35663
dollars;	35664

(2) For each commercial tractor, as defined in section	35665
4501.01 of the Revised Code, used for transporting property,	35666
thirty dollars;	35667

(3) For each motor truck transporting property, twenty	35668
dollars;	35669

(4) For each motor-propelled vehicle used for transporting	35670
both persons and property simultaneously, the tax shall be	35671
computed on the basis of either property transportation or	35672
passenger capacity, and the basis which yields the greater revenue	35673
shall apply.	35674

(B) A trailer used by a private motor carrier or contract	35675
carrier by motor vehicle shall not be taxed under this section.	35676

(C) The annual tax levied by this section does not apply in	35677
those cases where the commission finds that the movement of	35678
agricultural commodities or foodstuffs produced from agricultural	35679
commodities requires a temporary and seasonal use of vehicular	35680
equipment for a period of not more than ninety days. In that	35681
event the tax on such vehicular equipment shall be twenty-five per	35682
cent of the annual tax levied by this section. If any vehicular	35683
equipment is used in excess of such ninety-day period the annual	35684
tax levied by this section shall be paid.	35685

(D) Any motor-propelled or motor-drawn vehicle used for	35686
transporting persons, commercial tractor as defined in section	35687
4501.01 of the Revised Code, or motor truck used for the	35688
transportation of property, with respect to which the tax imposed	35689
by this section has been paid, may be used by a motor	35690
transportation company or common carrier, or by another private	35691
motor carrier or contract carrier, without further payment of the	35692
tax imposed by this section or by section 4921.18 of the Revised	35693
Code.	35694

(E) The commission shall account for the taxes collected	35695
pursuant to this section, and shall pay such taxes to the	35696
treasurer of state pursuant to section 4923.12 of the Revised Code	35697
on or before the fifteenth day of each month for the taxes	35698
collected in each preceding month.	35699

(F) All taxes levied upon the issuance of a permit to any	35700
private motor carrier or contract carrier by motor vehicle shall	35701
be reckoned as from the beginning of the quarter in which such	35702
permit is issued or the use of equipment under any existing permit	35703
began.	35704

Sec. 5101.14.  (A) Within available funds, the department of	35705
job and family services shall make payments to the counties within	35706
thirty days after the beginning of each calendar quarter for a	35707
part of their costs for services to children performed pursuant to	35708
Chapter 5153. of the Revised Code.	35709

Funds provided to the county under this section shall be	35710
deposited into the children services fund created pursuant to	35711
section 5101.144 of the Revised Code.	35712

(B)(1) The funds distributed under this section shall be	35713
used for the following:	35714

(a) Home-based services to children and families;

35715

(b) Protective services to children;

35716

(c) To find, develop, and approve adoptive homes;

35717

(d) Short-term, out-of-home care and treatment for children;

35718

(e) Costs for the care of a child who resides with a	35719
caretaker relative, other than the child's parent, and is in the	35720
legal custody of a public children services agency pursuant to a	35721
voluntary temporary custody agreement entered into under division	35722
(A) of section 5103.15 of the Revised Code or in the legal custody	35723
of a public children services agency or the caretaker relative	35724
pursuant to an allegation or adjudication of abuse, neglect, or	35725
dependency made under Chapter 2151. of the Revised Code;	35726

(f) Other services a public children services agency	35727
considers necessary to protect children from abuse, neglect, or	35728
dependency.	35729

(2) No funds distributed under this section shall be used	35730
for the costs of maintaining a child in a children's home owned	35731
and operated by the county.	35732

(C) In each fiscal year, the amount of funds available for	35733
distribution under this section shall be allocated to counties as	35734
follows:	35735

(1) If the amount is less than the amount initially	35736
appropriated for the immediately preceding fiscal year, each	35737
county shall receive an amount equal to the percentage of the	35738
funding it received in the immediately preceding fiscal year,	35739
exclusive of any releases from or additions to the allocation or	35740
any sanctions imposed under this section;	35741

(2) If the amount is equal to the amount initially	35742
appropriated for the immediately preceding fiscal year, each	35743
county shall receive an amount equal to the amount it received in	35744
the preceding fiscal year, exclusive of any releases from or	35745
additions to the allocation or any sanctions imposed under this	35746
section;	35747

(3) If the amount is greater than the amount initially	35748
appropriated for the immediately preceding fiscal year, each	35749
county shall receive the amount determined under division (C)(2)	35750
of this section as a base allocation, plus a percentage of the	35751
amount that exceeds the amount initially appropriated for the	35752
immediately preceding fiscal year. The amount exceeding the	35753
amount initially appropriated in the immediately preceding fiscal	35754
year shall be allocated to the counties as follows:	35755

(a) Twelve per cent divided equally among all counties;

35756

(b) Forty-eight per cent in the ratio that the number of	35757
residents of the county under the age of eighteen bears to the	35758
total number of such persons residing in this state;	35759

(c) Forty per cent in the ratio that the number of residents	35760
of the county with incomes under the federal poverty guideline	35761
bears to the total number of such persons in this state.	35762

As used in division (C)(3)(c) of this section, "federal	35763
poverty guideline" means the poverty guideline as defined by the	35764
United States office of management and budget and revised by the	35765
United States secretary of health and human services in accordance	35766
with section 673 of the "Community Services Block Grant Act," 95	35767
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	35768

(D) The director of job and family services may adopt rules	35769
as necessary for the allocation of funds under this section. The	35770
rules shall be adopted in accordance with section 111.15 of the	35771
Revised Code.	35772

(E)(1) As used in this division, "services to children"	35773
includes only means children's protective services, home-based	35774
services to children and families, foster home services,	35775
residential treatment services, adoptive services, and independent	35776
living services.	35777

(2) Except as otherwise provided in this section, the	35778
allocation of funds for a fiscal year to a county under this	35779
section shall be reduced by the department if in the preceding	35780
calendar year the total amount expended for services to children	35781
from local funds and funds distributed to the county under section	35782
5101.46 of the Revised Code was less than the total expended from	35783
those sources that source in the second preceding calendar year.	35784
The reduction shall be equal to the difference between the total	35785
expended in the preceding calendar year and the total expended in	35786
the second preceding calendar year.	35787

The determination of whether the amount expended for services	35788
to children was less in the preceding calendar year than in the	35789
second preceding calendar year shall not include a difference due	35790
to any of the following factors to the extent that the difference	35791
does not exceed the amount attributable to that factor:	35792

(a) An across-the-board reduction in the county budget as a	35793
whole;	35794

(b) A reduced or failed levy specifically earmarked for	35795
children services;	35796

(c) A reduced allocation of funds to the county under section	35797
5101.24 of the Revised Code;	35798

(d) The closure of, or a reduction in the operating capacity	35799
of, a children's home owned and operated by the county.	35800

(3) Funds withheld under this division may be reallocated by	35801
the department to other counties. The department may grant whole	35802
or partial waivers of the provisions of this division.	35803

(F) Children who are in the temporary or permanent custody	35804
of a certified public or private nonprofit agency or institution,	35805
or who are in adoptions subsidized under division (B) of section	35806
5153.163 of the Revised Code are eligible for medical assistance	35807
through the medical assistance program established under section	35808
5111.01 of the Revised Code.	35809

(G) Within ninety days after the end of each fiscal year,	35810
each county shall return any unspent funds to the department.	35811

(H) The department shall prepare an annual report detailing	35812
on a county-by-county basis the services provided with funds	35813
distributed under this section. The report shall be submitted to	35814
the general assembly by the thirtieth day of September each year	35815
and also shall be made available to the public.	35816

(I) In accordance with Chapter 119. of the Revised Code, the	35817
director shall adopt, and may amend and rescind, rules prescribing	35818
reports on expenditures to be submitted by the counties as	35819
necessary for the implementation of this section.	35820

Sec. 5101.141.  (A) The department of job and family	35821
services shall act as the single state agency to administer	35822
federal payments for foster care and adoption assistance made	35823
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501,	35824
42 U.S.C.A. 670 (1980), as amended. The director of job and	35825
family services shall adopt rules to implement this authority.	35826
Internal management rules governing financial and administrative	35827
requirements applicable to public children services agencies,	35828
private child placing agencies, and private noncustodial agencies	35829
shall be adopted in accordance with section 111.15 of the Revised	35830
Code. Rules establishing eligibility, program participation, and	35831
other requirements shall be adopted in accordance with Chapter	35832
119. of the Revised Code. A public children services agency to	35833
which the department distributes Title IV-E funds shall administer	35834
the funds in accordance with those rules.	35835

(B)(1) The county, on behalf of each child eligible for	35836
foster care maintenance payments under Title IV-E of the "Social	35837
Security Act," shall make payments to cover the cost of providing	35838
all of the following:	35839

(a) The child's food, clothing, shelter, daily supervision,	35840
and school supplies;	35841

(b) The child's personal incidentals;

35842

(c) Reasonable travel to the child's home for visitation.

35843

(2) In addition to payments made under division (B)(1) of	35844
this section, the county may, on behalf of each child eligible for	35845
foster care maintenance payments under Title IV-E of the "Social	35846
Security Act," make payments to cover the cost of providing the	35847
following:	35848

(a) Liability insurance with respect to the child;

35849

(b) If the county is participating in the demonstration	35850
project established under division (A) of section 5101.142 of the	35851
Revised Code, services provided under the project.	35852

(3) With respect to a child who is in a child-care	35853
institution, including any type of group home designed for the	35854
care of children or any privately operated program consisting of	35855
two or more certified foster homes operated by a common	35856
administrative unit, the foster care maintenance payments made by	35857
the county on behalf of the child shall include the reasonable	35858
cost of the administration and operation of the institution, group	35859
home, or program, as necessary to provide the items described in	35860
divisions (B)(1) and (2) of this section.	35861

(C) To the extent that either foster care maintenance	35862
payments under division (B) of this section or Title IV-E adoption	35863
assistance payments for maintenance costs require the expenditure	35864
of county funds, the board of county commissioners shall report	35865
the nature and amount of each expenditure of county funds to the	35866
department.	35867

(D) The department shall distribute to public children	35868
services agencies that incur and report such expenditures federal	35869
financial participation received for administrative and training	35870
costs incurred in the operation of foster care maintenance and	35871
adoption assistance programs. The department may withhold not	35872
more than two three per cent of the federal financial	35873
participation received. The funds withheld may be used only to	35874
fund the Ohio child welfare training program established under	35875
section 5153.60 of the Revised Code and the university partnership	35876
program for college and university students majoring in social	35877
work who have committed to work for a public children services	35878
agency upon graduation. The funds withheld shall be in addition to	35879
any administration and training cost for which the department is	35880
reimbursed through its own cost allocation plan.	35881

(E) All federal financial participation funds received by a	35882
county pursuant to this section shall be deposited into the	35883
county's children services fund created pursuant to section	35884
5101.144 of the Revised Code.	35885

(F) The department shall periodically publish and distribute	35886
the maximum amounts that the department will reimburse public	35887
children services agencies for making payments on behalf of	35888
children eligible for foster care maintenance payments.	35889

(G) The department, by and through its director, is hereby	35890
authorized to develop, participate in the development of,	35891
negotiate, and enter into one or more interstate compacts on	35892
behalf of this state with agencies of any other states, for the	35893
provision of medical assistance and other social services to	35894
children in relation to whom all of the following apply:	35895

(1) They have special needs.

35896

(2) This state or another state that is a party to the	35897
interstate compact is providing adoption assistance on their	35898
behalf.	35899

(3) They move into this state from another state or move out	35900
of this state to another state.	35901

Sec. 5101.145.  (A) For the purposes of this section, "Title	35902
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	35903
42 U.S.C.A. 670 (1980).	35904

(B) In adopting rules under section 5101.141 of the Revised	35905
Code regarding financial requirements applicable to public	35906
children services agencies, private child placing agencies, and	35907
private noncustodial agencies, the department of job and family	35908
services shall establish both of the following:	35909

(1) A single form for the agencies to report costs	35910
reimbursable under Title IV-E and costs reimbursable under	35911
medicaid;	35912

(2) Procedures to monitor cost reports submitted by the	35913
agencies.	35914

(C) The procedures established under division (B)(2) of this	35915
section shall be implemented not later than October 1, 2003. The	35916
procedures shall be used to do both of the following:	35917

(1) Determine which of the costs are reimbursable under	35918
Title IV-E;	35919

(2) Ensure that costs reimbursable under medicaid are	35920
excluded from determinations made under division (C)(1) of this	35921
section.	35922

Sec. 5101.184.  (A) The director of job and family services	35923
shall work with the tax commissioner to collect overpayments of	35924
assistance under Chapter 5107., 5111., or 5115., former Chapter	35925
5113., or sections section 5101.54 to 5101.543 of the Revised Code	35926
from refunds of state income taxes for taxable year 1992 and	35927
thereafter that are payable to the recipients of such	35928
overpayments.	35929

Any overpayment of assistance, whether obtained by fraud or	35930
misrepresentation, as the result of an error by the recipient or	35931
by the agency making the payment, or in any other manner, may be	35932
collected under this section. Any reduction under section 5747.12	35933
or 5747.121 of the Revised Code to an income tax refund shall be	35934
made before a reduction under this section. No reduction shall be	35935
made under this section if the amount of the refund is less than	35936
twenty-five dollars after any reduction under section 5747.12 of	35937
the Revised Code. A reduction under this section shall be made	35938
before any part of the refund is contributed under section	35939
5747.113 of the Revised Code to the natural areas and preserves	35940
fund or the nongame and endangered wildlife fund, or is credited	35941
under section 5747.12 of the Revised Code against tax due in any	35942
subsequent year.	35943

The director and the tax commissioner, by rules adopted in	35944
accordance with Chapter 119. of the Revised Code, shall establish	35945
procedures to implement this division. The procedures shall	35946
provide for notice to a recipient of assistance and an opportunity	35947
for the recipient to be heard before the recipient's income tax	35948
refund is reduced.	35949

(B) The director of job and family services may enter into	35950
agreements with the federal government to collect overpayments of	35951
assistance from refunds of federal income taxes that are payable	35952
to recipients of the overpayments.	35953

Sec. 5101.071.        Sec.  .        Sec. 5101.251.  (A) Not later than ninety days	35954
after the effective date of this section December 8, 1994, the	35955
director of job and family services shall develop and provide a	35956
training program to assist caseworkers in county departments of	35957
job and family services and public children services agencies in	35958
understanding the dynamics of domestic violence and the	35959
relationship domestic violence has to child abuse. The program	35960
shall be coordinated with other department of job and family	35961
services programs regarding family violence.	35962

(B) Not later than ninety days after the effective date of	35963
this section December 9, 1994, the director of job and family	35964
services shall adopt internal management rules in accordance with	35965
section 111.15 of the Revised Code establishing policies for	35966
dealing with domestic violence and the victims of domestic	35967
violence. The rules shall include all of the following:	35968

(1) A rule designating types and categories of employees of	35969
county departments of job and family services and employees of	35970
public children services agencies to receive training in the	35971
handling of domestic violence cases and a policy for the training	35972
of the designated types and categories of employees in the	35973
handling of those cases.	35974

(2) Guidelines directing how county departments of job and	35975
family services and county children services boards shall respond	35976
to identified domestic violence problems and to the needs of	35977
children directly or indirectly involved in situations involving	35978
domestic violence.	35979

(C) Each county department of job and family services and	35980
each public children services agency shall require its employees	35981
to complete the training described in divisions (A) and (B) of	35982
this section in accordance with the rules adopted by the director	35983
of job and family services pursuant to division (B) of this	35984
section.	35985

Sec. 5101.36.  Any application for public assistance gives a	35986
right of subrogation to the department of job and family services	35987
for any workers' compensation benefits payable to a person who is	35988
subject to a support order, as defined in section 3119.01 of the	35989
Revised Code, on behalf of the applicant, to the extent of any	35990
public assistance payments made on the applicant's behalf. If the	35991
director of job and family services, in consultation with a child	35992
support enforcement agency and the administrator of the bureau of	35993
workers' compensation, determines that a person responsible for	35994
support payments to a recipient of public assistance is receiving	35995
workers' compensation, the director shall notify the administrator	35996
of the amount of the benefit to be paid to the department of job	35997
and family services.	35998

For purposes of this section, "public assistance" means	35999
medical assistance provided through the medical assistance program	36000
established under section 5111.01 of the Revised Code,; Ohio works	36001
first provided under Chapter 5107. of the Revised Code,;	36002
prevention, retention, and contingency assistance benefits and	36003
services provided under Chapter 5108. of the Revised Code,; or	36004
disability assistance provided under Chapter 5115. of the Revised	36005
Code.	36006

Sec. 5101.50.  (A) As used in this section and in sections	36007
5101.51 to 5101.518 5101.5110 of the Revised Code:	36008

(1) "Children's health insurance program" means the program	36009
authrized authorized by Title XXI of the "Social Security Act,"	36010
111 Stat. 552 (1997), 42 U.S.C.A. 1397aa.	36011

(2) "Federal poverty guidelines" has the same meaning as in	36012
section 5101.46 of the Revised Code.	36013

(B) The director of job and family services may continue to	36014
operate the children's health insurance program initially	36015
authorized by an executive order issued under section 107.17 of	36016
the Revised Code as long as federal financial participation is	36017
available for the program. If operated, the program shall provide	36018
health assistance to uninsured individuals under nineteen years of	36019
age with family incomes not exceeding one hundred fifty per cent	36020
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	36021
1397aa, the director may provide for the health assistance to meet	36022
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	36023
medicaid program established under Chapter 5111. of the Revised	36024
Code, or to be a combination of both.	36025

Sec. 5101.5110. (A) The director of job and family services	36026
may submit a waiver request to the United States secretary of	36027
health and human services to provide health assistance to any	36028
individual who meets all of the following requirements:	36029

(1) Is the parent of a child under nineteen years of age who	36030
resides with the parent and is eligible for health assistance	36031
under the children's health insurance program part I or II or the	36032
medicaid program established under Chapter 5111. of the Revised	36033
Code;	36034

(2) Is uninsured;	36035

(3) Has a family income that does not exceed one hundred per	36036
cent of the federal poverty guidelines.	36037

(B) A waiver request the director submits under division (A)	36038
of this section may seek federal funds allotted to the state under	36039
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	36040
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	36041
the children's health insurance program parts I and II.	36042

(C) If a waiver request the director submits under division	36043
(A) of this section is granted, the director may adopt rules in	36044
accordance with Chapter 119. of the Revised Code as necessary for	36045
the efficient administration of the program authorization by the	36046
waiver.	36047

Sec. 5101.521.  When the body of a dead person is found in a	36048
township or municipal corporation, and such person was not an	36049
inmate of a correctional, benevolent, or charitable institution of	36050
this state, and the body is not claimed by any person for private	36051
interment or cremation at the person's own expense, or delivered	36052
for the purpose of medical or surgical study or dissection in	36053
accordance with section 1713.34 of the Revised Code, or the person	36054
was not eligible for burial assistance under section 5101.52 of	36055
the Revised Code, it shall be disposed of as follows:	36056

(A) If the person was a legal resident of the county, the	36057
proper officers of the township or municipal corporation in which	36058
the person's body was found shall cause it to be buried or	36059
cremated at the expense of the township or municipal corporation	36060
in which the person had a legal residence at the time of death.	36061

(B) If the person had a legal residence in any other county	36062
of the state at the time of death, the superintendent of the	36063
county home of the county in which such body was found shall cause	36064
it to be buried or cremated at the expense of the township or	36065
municipal corporation in which the person had a legal residence at	36066
the time of death.	36067

(C) If the person was an inmate of a correctional	36068
institution of the county or a patient or resident of a benevolent	36069
institution of the county, the person had no legal residence in	36070
the state, or the person's legal residence is unknown, the	36071
superintendent shall cause the person to be buried or cremated at	36072
the expense of the county.	36073

Such officials shall provide, at the grave of the person or,	36074
if the person's cremated remains are buried, at the grave of the	36075
person's cremated remains, a stone or concrete marker on which the	36076
person's name and age, if known, and date of death shall be	36077
inscribed.	36078

A political subdivision is not relieved of its duty to bury	36079
or cremate a person at its expense under this section when the	36080
body is claimed by an indigent person.	36081

Sec. 5101.54.  (A) The director of job and family services	36082
shall administer the food stamp program in accordance with the	36083
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	36084
amended. The department may:	36085

(1) Prepare and submit to the secretary of the United States	36086
department of agriculture a plan for the administration of the	36087
food stamp program;	36088

(2) Prescribe forms for applications, certificates, reports,	36089
records, and accounts of county departments of job and family	36090
services, and other matters;	36091

(3) Require such reports and information from each county	36092
department of job and family services as may be necessary and	36093
advisable;	36094

(4) Administer and expend any sums appropriated by the	36095
general assembly for the purposes of this section and all sums	36096
paid to the state by the United States as authorized by the Food	36097
Stamp Act of 1977;	36098

(5) Conduct such investigations as are necessary;

36099

(6) Enter into interagency agreements and cooperate with	36100
investigations conducted by the department of public safety,	36101
including providing information for investigative purposes,	36102
exchanging property and records, passing through federal financial	36103
participation, modifying any agreements with the United States	36104
department of agriculture, providing for the supply, security, and	36105
accounting of food stamp coupons benefits for investigative	36106
purposes, and meeting any other requirements necessary for the	36107
detection and deterrence of illegal activities in the state food	36108
stamp program;	36109

(7) Adopt rules in accordance with Chapter 119. of the	36110
Revised Code governing employment and training requirements of	36111
recipients of food stamp benefits, including rules specifying	36112
which recipients are subject to the requirements and establishing	36113
sanctions for failure to satisfy the requirements. The rules	36114
shall be consistent with 7 U.S.C.A. 2015 and, to the extent	36115
practicable, may provide for food stamp benefit recipients to	36116
participate in work activities, developmental activities, and	36117
alternative work activities established under sections 5107.40 to	36118
5107.69 of the Revised Code that are comparable to programs	36119
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference	36120
rules adopted under section 5107.05 of the Revised Code governing	36121
work activities, developmental activities, and alternative work	36122
activities established under sections 5107.40 to 5107.69 of the	36123
Revised Code.	36124

(8) Adopt rules in accordance with section 111.15 of the	36125
Revised Code that are consistent with the Food Stamp Act of 1977,	36126
as amended, and regulations adopted thereunder governing the	36127
following:	36128

(a) Eligibility requirements for the food stamp program;

36129

(b) Sanctions for failure to comply with eligibility	36130
requirements;	36131

(c) Allotment of food stamp coupons benefits;

36132

(d) To the extent permitted under federal statutes and	36133
regulations, a system under which some or all recipients of food	36134
stamp benefits subject to employment and training requirements	36135
established by rules adopted under division (A)(7) of this section	36136
receive food stamp benefits after satisfying the requirements;	36137

(e) Administration of the program by county departments of	36138
job and family services;	36139

(f) Other requirements necessary for the efficient	36140
administration of the program.	36141

(9) Submit a plan to the United States secretary of	36142
agriculture for the department of job and family services to	36143
operate a simplified food stamp program pursuant to 7 U.S.C.A.	36144
2035 under which requirements governing the Ohio works first	36145
program established under Chapter 5107. of the Revised Code also	36146
govern the food stamp program in the case of households receiving	36147
food stamp benefits and participating in Ohio works first.	36148

(B) Except while in the custody of the United States postal	36149
service, food stamps and any document necessary to obtain food	36150
stamps are the property of the department of job and family	36151
services from the time they are received in accordance with	36152
federal regulations by the department from the federal agency	36153
responsible for such delivery until they are received by a	36154
household entitled to receive them or by the authorized	36155
representative of the household.	36156

(C) A household that is entitled to receive food stamps	36157
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011,	36158
as amended, and that is determined to be in immediate need of food	36159
assistance, shall receive certification of eligibility for program	36160
benefits, pending verification, within twenty-four hours, or, if	36161
mitigating circumstances occur, within seventy-two hours, after	36162
application, if:	36163

(1) The results of the application interview indicate that	36164
the household will be eligible upon full verification;	36165

(2) Information sufficient to confirm the statements in the	36166
application has been obtained from at least one additional source,	36167
not a member of the applicant's household. Such information shall	36168
be recorded in the case file, and shall include:	36169

(a) The name of the person who provided the name of the	36170
information source;	36171

(b) The name and address of the information source;

36172

(c) A summary of the information obtained.

36173

The period of temporary eligibility shall not exceed one	36174
month from the date of certification of temporary eligibility. If	36175
eligibility is established by full verification, benefits shall	36176
continue without interruption as long as eligibility continues.	36177

At the time of application, the county department of job and	36178
family services shall provide to a household described in this	36179
division a list of community assistance programs that provide	36180
emergency food.	36181

(D) All applications shall be approved or denied through	36182
full verification within thirty days from receipt of the	36183
application by the county department of job and family services.	36184

(E) Nothing in this section shall be construed to prohibit	36185
the certification of households that qualify under federal	36186
regulations to receive food stamps without charge under the "Food	36187
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended.	36188

(F) Any person who applies for food stamps under this	36189
section shall receive a voter registration application under	36190
section 3503.10 of the Revised Code.	36191

Sec. 5101.80.  (A) The department of job and family services	36192
shall do all of the following:	36193

(1) Prepare and submit to the United States secretary of	36194
health and human services a Title IV-A state plan, and amendments	36195
to the plan that the department determines necessary, for the Ohio	36196
works first program established under Chapter 5107. of the Revised	36197
Code and the prevention, retention, and contingency program	36198
established under Chapter 5108. of the Revised Code;	36199

(2) Prescribe forms for applications, certificates, reports,	36200
records, and accounts of county departments of job and family	36201
services, and other matters related to the Ohio works first	36202
program and the prevention, retention, and contingency program;	36203

(3) Make such reports, in such form and containing such	36204
information as the department may find necessary to assure the	36205
correctness and verification of such reports, regarding the Ohio	36206
works first program and the prevention, retention, and contingency	36207
program;	36208

(4) Require reports and information from each county	36209
department of job and family services as may be necessary or	36210
advisable regarding the Ohio works first program and the	36211
prevention, retention, and contingency program;	36212

(5) Afford a fair hearing in accordance with section 5101.35	36213
of the Revised Code to any applicant for, or participant or former	36214
participant of, the Ohio works first program or the prevention,	36215
retention, and contingency program aggrieved by a decision	36216
regarding either program;	36217

(6) Administer and expend, pursuant to Chapters 5107. and	36218
5108. of the Revised Code, any sums appropriated by the general	36219
assembly for the purpose of those chapters and all sums paid to	36220
the state by the secretary of the treasury of the United States as	36221
authorized by Title IV-A of the "Social Security Act," 49 Stat.	36222
620 (1935), 42 U.S.C. 301, as amended;	36223

(7) Conduct investigations as are necessary regarding the	36224
Ohio works first program and the prevention, retention, and	36225
contingency program;	36226

(8) Enter into reciprocal agreements with other states	36227
relative to the provision of Ohio works first and prevention,	36228
retention, and contingency to residents and nonresidents;	36229

(9) Contract with a private entity to conduct an independent	36230
on-going evaluation of the Ohio works first program and the	36231
prevention, retention, and contingency program. The contract must	36232
require the private entity to do all of the following:	36233

(a) Examine issues of process, practice, impact, and	36234
outcomes;	36235

(b) Study former participants of Ohio works first who have	36236
not participated in Ohio works first for at least one year to	36237
determine whether they are employed, the type of employment in	36238
which they are engaged, the amount of compensation they are	36239
receiving, whether their employer provides health insurance,	36240
whether and how often they have received assistance benefits or	36241
services under the prevention, retention, and contingency program,	36242
and whether they are successfully self sufficient;	36243

(c) Provide the department an initial report of the	36244
evaluation not later than two years after October 1, 1997, and	36245
provide subsequent with reports at times the department specifies.	36246

(10) Not later than March 1, 1998, and the first day of each	36247
September and March thereafter until September 1, 2001, prepare a	36248
county by county report concerning individuals who cease to	36249
participate in Ohio works first that contains the reasons the	36250
individuals ceased to participate, including employment, marital	36251
status, and relocation;	36252

(11) Not later than January 1, 2001, and the first day of	36253
each January and July thereafter, prepare a report containing	36254
information on the following:	36255

(a) A county by county breakdown of individuals who cease to	36256
participate in Ohio works first and the reasons the individuals	36257
ceased to participate, including Individuals exhausting the time	36258
limits for participation set forth in section 5107.18 of the	36259
Revised Code.	36260

(b) Individuals who have been exempted from the time limits	36261
set forth in section 5107.18 of the Revised Code and the reasons	36262
for the exemption.	36263

(12)(11) Not later than January 1, 2001, and on a quarterly	36264
basis thereafter until December 1, 2003, prepare, to the extent	36265
the necessary data is available to the department, a report based	36266
on information determined under section 5107.80 of the Revised	36267
Code that states how many former Ohio works first participants	36268
entered the workforce during the most recent previous quarter for	36269
which the information is known and includes information regarding	36270
the earnings of those former participants. The report shall	36271
include a county-by-county breakdown and shall not contain the	36272
names or social security numbers of former participants.	36273

(B) The department shall provide copies of the reports it	36274
receives under division (A)(9) of this section and prepares under	36275
divisions (A)(10), (11), and (12) of this section to the governor,	36276
the president and minority leader of the senate, and the speaker	36277
and minority leader of the house of representatives. The	36278
department shall provide copies of the reports to any private or	36279
government entity on request.	36280

(C) An authorized representative of the department or a	36281
county department of job and family services shall have access to	36282
all records and information bearing thereon for the purposes of	36283
investigations conducted pursuant to this section.	36284

Sec. 5101.821.  Except as otherwise approved by the director	36285
of budget and management, the department of job and family	36286
services shall deposit federal funds received under Title IV-A of	36287
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	36288
into the temporary assistance for needy families (TANF) federal	36289
fund, which is hereby created in the state treasury. The	36290
department shall use money in the fund for the Ohio works first	36291
program established under Chapter 5107. of the Revised Code; the	36292
prevention, retention, and contingency program established under	36293
Chapter 5108. of the Revised Code; and any other purposes	36294
consistent with Title IV-A, federal regulations, federal waivers	36295
granted by the United States secretary of health and human	36296
services, state law, the Title IV-A state plan and amendments	36297
submitted to the United States secretary of health and human	36298
services under section 5101.80 of the Revised Code, and rules	36299
adopted by the department under section 5107.05 of the Revised	36300
Code.	36301

Sec. 5101.83.  (A) As used in this section:

36302

(1) "Assistance group" has the same meaning as in sections	36303
5107.02 and 5108.01 of the Revised Code, except that it also means	36304
a group provided benefits and services under the prevention,	36305
retention, and contingency program because the members of the	36306
group share a common need for benefits and services.	36307

(2) "Fraudulent assistance" means assistance and service,	36308
including cash assistance, provided under the Ohio works first	36309
program established under Chapter 5107., or benefits and services	36310
provided under the prevention, retention, and contingency program	36311
established under Chapter 5108. of the Revised Code, to or on	36312
behalf of an assistance group that is provided as a result of	36313
fraud by a member of the assistance group, including an	36314
intentional violation of the program's requirements. "Fraudulent	36315
assistance" does not include assistance or servces services to or	36316
on be half behalf of an assistance group that is provided as a	36317
result of an error that is the fault of a county department of job	36318
and family services or the state department of job and family	36319
services.	36320

(B) If a county director of job and family services	36321
determines that an assistance group has received fraudulent	36322
assistance, the assistance group is ineligible to participate in	36323
the Ohio works first program or the prevention, retention, and	36324
contingency program until a member of the assistance group repays	36325
the cost of the fraudulent assistance. If a member repays the	36326
cost of the fraudulent assistance and the assistance group	36327
otherwise meets the eligibility requirements for the Ohio works	36328
first program or the prevention, retention, and contingency	36329
program, the assistance group shall not be denied the opportunity	36330
to participate in the program.	36331

This section does not limit the ability of a county	36332
department of job and family services to recover erroneous	36333
payments under section 5107.76 of the Revised Code.	36334

The state department of job and family services shall adopt	36335
rules in accordance with Chapter 119. of the Revised Code to	36336
implement this section.	36337

Sec. 5101.85.  As used in sections 5101.851 to 5101.854	36338
5101.853 of the Revised Code, "kinship caregiver" means any of the	36339
following who is eighteen years of age or older and is caring for	36340
a child in place of the child's parents:	36341

(A) The following individuals related by blood or adoption	36342
to the child:	36343

(1) Grandparents, including grandparents with the prefix	36344
"great," "great-great," or "great-great-great";	36345

(2) Siblings;

36346

(3) Aunts, uncles, nephews, and nieces, including such	36347
relatives with the prefix "great," "great-great," "grand," or	36348
"great-grand";	36349

(4) First cousins and first cousins once removed.

36350

(B) Stepparents and stepsiblings of the child;

36351

(C) Spouses and former spouses of individuals named in	36352
divisions (A) and (B) of this section;	36353

(D) A legal guardian of the child;

36354

(E) A legal custodian of the child.

36355

Sec. 5101.853.        Sec.  .        Sec. 5101.851.  (A) As used in this section,	36356
"qualified state expenditures" has the meaning provided by section	36357
409(a)(7)(B)(i) of the "Personal Responsibility and Work	36358
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	36359
U.S.C.A. 609(a)(7)(B)(i).	36360

(B) Using qualified state expenditures and based on the	36361
recommendations of the kinship care services planning council, the	36362
The department of job and family services shall may establish a	36363
program providing support services to kinship caregivers statewide	36364
program of kinship care navigators to assist kinship caregivers	36365
who are seeking information regarding, or assistance obtaining,	36366
services and benefits available at the state and local level that	36367
addresses address the needs of those caregivers residing in each	36368
county. The department shall establish the program no later than	36369
March 31, 2000. The program shall provide to kinship caregivers	36370
information and referral services and assistance obtaining support	36371
services that include including the following:	36372

(1)(A) Publicly funded child day-care;

36373

(2)(B) Respite care;

36374

(3)(C) Training related to caring for special needs	36375
children;	36376

(4)(D) A toll-free telephone number that may be called to	36377
obtain basic information about the rights of, and services	36378
available to, kinship caregivers;	36379

(5)(E) Legal services.

36380

Sec. 5101.852. Within available funds, the department of job	36381
and family services shall make payments to public children	36382
services agencies for the purpose of permitting the agencies to	36383
provide kinship care navigator information and referral services	36384
and assistance obtaining support services to kinship caregivers	36385
pursuant to the kinship care navigator program. The department	36386
may provide training and technical assistance concerning the needs	36387
of kinship caregivers to employees of public children services	36388
agencies and to persons or entities that serve kinship caregivers	36389
or perform the duties of a kinship care navigator and are under	36390
contract with an agency.	36391

Sec. 5101.854.        Sec.  .        Sec. 5101.853.  The department of job and family	36392
services shall may adopt rules in accordance with Chapter 119. of	36393
the Revised Code to implement the kinship care navigators program	36394
to provide support services to kinship caregivers. To the extent	36395
permitted by federal law and the Revised Code, the rules may	36396
expand eligibility for programs administered by the department in	36397
a manner making kinship caregivers eligible for the programs. The	36398
rules shall be adopted under Chapter 119. of the Revised Code,	36399
except that rules governing fiscal and administrative matters	36400
related to implementation of the navigators program are internal	36401
management rules and shall be adopted under section 111.15 of the	36402
Revised Code.	36403

Sec. 5103.031.  (A) Except as provided in section 5103.033	36404
of the Revised Code, the department of job and family services may	36405
not issue a certificate under section 5103.03 of the Revised Code	36406
to a foster home unless the foster caregiver successfully	36407
completes the following amount of preplacement training through	36408
the Ohio child welfare training program or a preplacement training	36409
program operated under section 5103.034 of the Revised Code:	36410

(1) If the foster home is a family foster home, at least	36411
twelve hours;	36412

(2) If the foster home is a specialized foster home, at	36413
least thirty-six hours.	36414

(B) No child may be placed in a family foster home unless	36415
the foster caregiver completes at least twelve additional hours of	36416
preplacement training through the Ohio child welfare training	36417
program or a preplacement training program operated under section	36418
5103.034 of the Revised Code.	36419

Sec. 5103.033.  The department of job and family services may	36420
issue or renew a certificate under section 5103.03 of the Revised	36421
Code to a foster home for the care of a child who is in the	36422
custody of a public children services agency or private child	36423
placing agency pursuant to an agreement entered into under section	36424
5103.15 of the Revised Code regarding a child who was less than	36425
six months of age on the date the agreement was executed if the	36426
foster caregiver successfully completes the following amount of	36427
training:	36428

(A) For an initial certificate, at least twelve hours of	36429
preplacement training through the Ohio child welfare training	36430
program or a preplacement training program operated under section	36431
5103.034 of the Revised Code;	36432

(B) For renewal of a certificate, at least twelve hours each	36433
year of continuing training in accordance with the foster	36434
caregiver's needs assessment and continuing training plan	36435
developed and implemented under section 5103.034 5103.035 of the	36436
Revised Code.	36437

Sec. 5103.036.  For the purpose of determining whether a	36438
foster caregiver has satisfied the requirement of section 5103.031	36439
or 5103.032 of the Revised Code, a recommending agency shall	36440
accept training obtained from the Ohio child welfare training	36441
program or pursuant to a preplacement training program or	36442
continuing training program operated under section 5103.034 of the	36443
Revised Code regardless of whether the agency operated the	36444
preplacement training program or continuing training program. The	36445
agency may require that the foster caregiver successfully complete	36446
additional training as a condition of the agency recommending that	36447
the department of job and family services certify or recertify the	36448
foster caregiver's foster home under section 5103.03 of the	36449
Revised Code.	36450

Sec. 5103.0312.  The department of job and family services A	36451
public children services agency, private child placing agency, or	36452
private noncustodial agency acting as a recommending agency for	36453
foster caregivers who hold certificates issued under section	36454
5103.03 of the Revised Code shall pay those foster caregivers who	36455
have been issued a foster home certificate and had at least one	36456
foster child placed in their home a stipend to reimburse them for	36457
attending training courses provided by the Ohio child welfare	36458
training program or pursuant to a preplacement training program or	36459
continuing training program operated under section 5103.034 of the	36460
Revised Code. The payment shall be based on a per diem stipend	36461
rate established by the department of job and family services. The	36462
payment to foster caregivers stipend rate shall be the same	36463
regardless of the type of recommending agency from which a foster	36464
caregiver seeks a recommendation. The department shall pay a	36465
foster caregiver for attending preplacement training courses	36466
during the first month a foster child is placed in the foster	36467
caregiver's home, pursuant to rules adopted under section	36468
5103.0316 of the Revised Code, reimburse the recommending agency	36469
for stipend payments it makes in accordance with this section.	36470

Sec. 5103.0313.  The department of job and family services	36471
shall reimburse a the following for the cost of providing	36472
preplacement and continuing training to foster caregivers:	36473

(A) The Ohio child welfare training program;

36474

(B) A public children services agency, private child placing	36475
agency, or private noncustodial agency for the cost to the agency	36476
of providing training to a foster caregiver through a preplacement	36477
training program or continuing training program operated under	36478
section 5103.034 of the Revised Code. The	36479

The reimbursement shall be on a per diem basis and limited to	36480
the cost associated with the trainer, obtaining a site at which	36481
the training is provided, and the administration of the training.	36482
A reimbursement rate shall be the same regardless of whether the	36483
training program is operated by the Ohio child welfare training	36484
program or a public children services agency, private child	36485
placing agency, or private noncustodial agency.	36486

Sec. 5103.0314.  The department of job and family services	36487
shall not reimburse a recommending agency for the cost of any	36488
training the agency requires a foster caregiver to undergo as a	36489
condition of the agency recommending the department certify or	36490
recertify the foster caregiver's foster home under section 5103.03	36491
of the Revised Code if the training is in addition to the minimum	36492
training required by section 5103.031 or 5103.032 of the Revised	36493
Code.	36494

Sec. 5103.0316.  Not later than ninety days after the	36495
effective date of this section January 1, 2001, the department of	36496
job and family services shall adopt rules in accordance with	36497
Chapter 119. of the Revised Code as necessary for the efficient	36498
administration of sections 5103.031 to 5103.0316 of the Revised	36499
Code. The rules shall provide for all of the following:	36500

(A) For the purpose of section 5103.038 of the Revised Code,	36501
the date by which a public children services agency, private child	36502
placing agency, or private noncustodial agency that seeks to	36503
operate a preplacement training program or continuing training	36504
program under section 5103.034 of the Revised Code must submit to	36505
the department a proposal outlining the program;	36506

(B) Requirements governing the department's reimbursement of	36507
the Ohio child welfare training program and public children	36508
services agencies, private child placing agencies, and private	36509
noncustodial agencies under section sections 5103.0312 and	36510
5103.0313 of the Revised Code;	36511

(C) Any other matter the department considers appropriate.

36512

Sec. 5103.07.  The department of job and family services	36513
shall administer funds received under Title IV-B of the "Social	36514
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended,	36515
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	36516
(1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence	36517
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	36518
10401, as amended. In administering these funds, the department	36519
may establish a child welfare services program, and a child abuse	36520
and neglect prevention and adoption reform program, and a family	36521
violence prevention program. The department has all powers	36522
necessary for the adequate administration of these funds and	36523
programs. The director of job and family services may adopt	36524
internal management rules in accordance with section 111.15 of the	36525
Revised Code and issue appropriate orders as necessary for the	36526
adequate administration of these funds and programs to carry out	36527
the purposes of this section.	36528

Sec. 5104.341.  (A) Except as provided in division (B) of	36529
this section, both of the following apply:	36530

(1) An eligibility determination made under section 5104.34	36531
of the Revised Code for publicly funded child day-care is valid	36532
for one year;	36533

(2) A The county department of job and family services shall	36534
redetermine the appropriate level of a fee charged under division	36535
(B) of section 5104.34 of the Revised Code shall not be changed	36536
every six months during the one-year period, unless a caretaker	36537
parent requests that the fee be reduced due to changes in income,	36538
family size, or both and the county department of job and family	36539
services approves the reduction.	36540

(B) Division (A) of this section does not apply in either of	36541
the following circumstances:	36542

(1) The publicly funded child day-care is provided under	36543
division (B)(4) of section 5104.35 of the Revised Code;	36544

(2) The recipient of the publicly funded child day-care	36545
ceases to be eligible for publicly funded child day-care.	36546

Sec. 5107.02.  As used in this chapter:

36547

(A) "Adult" means an individual who is not a minor child.	36548

(B) "Assistance group" means a group of individuals treated	36549
as a unit for purposes of determining eligibility for and the	36550
amount of assistance provided under Ohio works first.	36551

(C) "Custodian" means an individual who has legal custody, as	36552
defined in section 2151.011 of the Revised Code, of a minor child	36553
or comparable status over a minor child created by a court of	36554
competent jurisdiction in another state.	36555

(D) "Guardian" means an individual that is granted authority	36556
by a probate court pursuant to Chapter 2111. of the Revised Code,	36557
or a court of competent jurisdiction in another state, to exercise	36558
parental rights over a minor child to the extent provided in the	36559
court's order and subject to residual parental rights of the minor	36560
child's parents.	36561

(E) "Minor child" means either of the following:

36562

(1) An individual who has not attained age eighteen;

36563

(2) An individual who has not attained age nineteen and is a	36564
full-time student in a secondary school or in the equivalent level	36565
of vocational or technical training.	36566

(F) "Minor head of household" means a minor child who is a	36567
either of the following:	36568

(1) At least six months pregnant and a member of an	36569
assistance group that does not include an adult;	36570

(2) A parent of a child included in the same assistance	36571
group that does not include an adult.	36572

(G) "Ohio works first" means the program established by this	36573
chapter known as temporary assistance for needy families in Title	36574
IV-A.	36575

(H) "Payment standard" means the amount specified in rules	36576
adopted under section 5107.05 of the Revised Code that is the	36577
maximum amount of cash assistance an assistance group may receive	36578
under Ohio works first from state and federal funds.	36579

(I) "Specified relative" means the following individuals who	36580
are age eighteen or older:	36581

(1) The following individuals related by blood or adoption:

36582

(a) Grandparents, including grandparents with the prefix	36583
"great," "great-great," or "great-great-great";	36584

(b) Siblings;

36585

(c) Aunts, uncles, nephews, and nieces, including such	36586
relatives with the prefix "great," "great-great," "grand," or	36587
"great-grand";	36588

(d) First cousins and first cousins once removed.

36589

(2) Stepparents and stepsiblings;

36590

(3) Spouses and former spouses of individuals named in	36591
division (I)(1) or (2) of this section.	36592

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	36593
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	36594
301, as amended.	36595

Sec. 5107.10.  (A) As used in this section:

36596

(1) "Countable income," "gross earned income," and "gross	36597
unearned income" have the meanings established in rules adopted	36598
under section 5107.05 of the Revised Code.	36599

(2) "Gross income" means gross earned income and gross	36600
unearned income.	36601

(3) "Strike" means continuous concerted action in failing to	36602
report to duty; willful absence from one's position; or stoppage	36603
of work in whole from the full, faithful, and proper performance	36604
of the duties of employment, for the purpose of inducing,	36605
influencing, or coercing a change in wages, hours, terms, and	36606
other conditions of employment. "Strike" does not include a	36607
stoppage of work by employees in good faith because of dangerous	36608
or unhealthful working conditions at the place of employment that	36609
are abnormal to the place of employment.	36610

(B) Under the Ohio works first program, an assistance group	36611
shall receive, except as otherwise provided by this chapter,	36612
time-limited cash assistance. In the case of an assistance group	36613
that includes a minor head of household or adult, assistance shall	36614
be provided in accordance with the self-sufficiency contract	36615
entered into under section 5107.14 of the Revised Code.	36616

(C) To be eligible to participate in Ohio works first, an	36617
assistance group must meet all of the following requirements:	36618

(1) The assistance group, except as provided in division (E)	36619
of this section, must include at least one of the following:	36620

(a) A minor child who, except as provided in section 5107.24	36621
of the Revised Code, resides with a parent, or specified relative	36622
caring for the child, or, to the extent permitted by Title IV-A	36623
and federal regulations adopted until Title IV-A, resides with a	36624
guardian or custodian caring for the child;	36625

(b) A parent residing with and caring for the parent's minor	36626
child who receives supplemental security income under Title XVI of	36627
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	36628
as amended, or federal, state, or local adoption assistance;	36629

(c) A specified relative residing with and caring for a	36630
minor child who is related to the specified relative in a manner	36631
that makes the specified relative a specified relative and	36632
receives supplemental security income or federal, state, or local	36633
foster care or adoption assistance;	36634

(d) A woman at least six months pregnant.

36635

(2) The assistance group must meet the income requirements	36636
established by division (D) of this section.	36637

(3) No member of the assistance group may be involved in a	36638
strike.	36639

(4) The assistance group must satisfy the requirements for	36640
Ohio works first established by this chapter and sections 5101.19,	36641
5101.58, 5101.59, and 5101.83 of the Revised Code.	36642

(5) The assistance group must meet requirements for Ohio	36643
works first established by rules adopted under section 5107.05 of	36644
the Revised Code.	36645

(D)(1) Except as provided in division (D)(3) of this	36646
section, to determine whether an assistance group is initially	36647
eligible to participate in Ohio works first, a county department	36648
of job and family services shall do the following:	36649

(a) Determine whether the assistance group's gross income	36650
exceeds the following amount:	36651

For each person in the assistance group that brings the	36668
assistance group to more than fifteen persons, add one hundred two	36669
dollars to the amount of gross income for an assistance group of	36670
fifteen specified in division (D)(1)(a) of this section.	36671

In making this determination, the county department shall	36672
disregard amounts that federal statutes or regulations and	36673
sections 5101.17 and 5117.10 of the Revised Code require be	36674
disregarded. The assistance group is ineligible to participate in	36675
Ohio works first if the assistance group's gross income, less the	36676
amounts disregarded, exceeds the amount specified in division	36677
(D)(1)(a) of this section.	36678

(b) If the assistance group's gross income, less the amounts	36679
disregarded pursuant to division (D)(1)(a) of this section, does	36680
not exceed the amount specified in that division, determine	36681
whether the assistance group's countable income is less than the	36682
payment standard. The assistance group is ineligible to	36683
participate in Ohio works first if the assistance group's	36684
countable income equals or exceeds the payment standard.	36685

(2) To determine whether an assistance group participating	36686
in Ohio works first continues to be eligible to participate, a	36687
county department of job and family services shall determine	36688
whether the assistance group's countable income continues to be	36689
less than the payment standard. In making this determination, the	36690
county department shall disregard the first two hundred fifty	36691
dollars and fifty per cent of the remainder of the assistance	36692
group's gross earned income. No amounts shall be disregarded from	36693
the assistance group's gross unearned income. The assistance	36694
group ceases to be eligible to participate in Ohio works first if	36695
its countable income, less the amounts disregarded, equals or	36696
exceeds the payment standard.	36697

(3) If an assistance group reapplies to participate in Ohio	36698
works first not more than four months after ceasing to	36699
participate, a county department of job and family services shall	36700
use the income requirement established by division (D)(2) of this	36701
section to determine eligibility for resumed participation rather	36702
than the income requirement established by division (D)(1) of this	36703
section.	36704

(E)(1) An assistance group may continue to participate in	36705
Ohio works first even though a public children services agency	36706
removes the assistance group's minor children from the assistance	36707
group's home due to abuse, neglect, or dependency if the agency	36708
does both of the following:	36709

(a) Notifies the county department of job and family	36710
services at the time the agency removes the children that it	36711
believes the children will be able to return to the assistance	36712
group within six months;	36713

(b) Informs the county department at the end of each of the	36714
first five months after the agency removes the children that the	36715
parent, guardian, custodian, or specified relative of the children	36716
is cooperating with the case plans prepared for the children under	36717
section 2151.412 of the Revised Code and that the agency is making	36718
reasonable efforts to return the children to the assistance group.	36719

(2) An assistance group may continue to participate in Ohio	36720
works first pursuant to division (E)(1) of this section for not	36721
more than six payment months. This division does not affect the	36722
eligibility of an assistance group that includes a woman at least	36723
six months pregnant.	36724

Sec. 5107.14.  An assistance group is ineligible to	36725
participate in Ohio works first unless the minor head of household	36726
or each adult member of the assistance group, not later than	36727
thirty days after applying for or undergoing a redetermination of	36728
eligibility for the program, enters into a written	36729
self-sufficiency contract with the county department of job and	36730
family services. The contract shall set forth the rights and	36731
responsibilities of the assistance group as applicants for and	36732
participants of the program, including work responsibilities	36733
established under sections 5107.40 to 5107.69 of the Revised Code	36734
and other requirements designed to assist the assistance group in	36735
achieving self sufficiency and personal responsibility. The	36736
county department shall provide without charge a copy of the	36737
contract to each assistance group member who signs it.	36738

Each self-sufficiency contract shall include, based on	36739
appraisals conducted under section 5107.41 of the Revised Code and	36740
assessments conducted under section 5107.70 of the Revised Code,	36741
the following:	36742

(A) The assistance group's plan, developed under section	36743
5107.41 of the Revised Code, to achieve the goal of self	36744
sufficiency and personal responsibility through unsubsidized	36745
employment within the time limit for participating in Ohio works	36746
first established by section 5107.18 of the Revised Code;	36747

(B) Work activities, developmental activities, and	36748
alternative work activities to which members of the assistance	36749
group are assigned under sections 5107.40 to 5107.69 of the	36750
Revised Code;	36751

(C) The responsibility of a caretaker member of the	36752
assistance group to cooperate in establishing a minor child's	36753
paternity and establishing, modifying, and enforcing a support	36754
order for the child in accordance with section 5107.22 of the	36755
Revised Code;	36756

(D) Other responsibilities that members of the assistance	36757
group must satisfy to participate in Ohio works first and the	36758
consequences for failure or refusal to satisfy the	36759
responsibilities;	36760

(E) An agreement that the assistance group will comply with	36761
the conditions of participating in Ohio works first established by	36762
this chapter and sections 5101.19, 5101.58, 5101.59, and 5101.83	36763
of the Revised Code;	36764

(F) Assistance and services the county department will	36765
provide to the assistance group;	36766

(G) Assistance and services the child support enforcement	36767
agency and public children services agency will provide to the	36768
assistance group pursuant to a plan of cooperation entered into	36769
under section 307.983 of the Revised Code;	36770

(H) Other provisions designed to assist the assistance group	36771
in achieving self sufficiency and personal responsibility;	36772

(I) Procedures for assessing whether responsibilities are	36773
being satisfied and whether the contract should be amended;	36774

(J) Procedures for amending the contract.

36775

Sec. 5107.18.  (A) Except as provided in divisions (B), (C),	36776
(D), and (E) of this section, an assistance group is ineligible to	36777
participate in Ohio works first if the assistance group includes	36778
an adult individual who has participated in the program for	36779
thirty-six months as any of the following: an adult head of	36780
household, minor head of household, or spouse of an adult head of	36781
household or minor head of household. The time limit applies	36782
regardless of whether the thirty-six months are consecutive.	36783

(B) An assistance group that has ceased to participate in	36784
Ohio works first pursuant to division (A) of this section for at	36785
least twenty-four months, whether consecutive or not, may reapply	36786
to participate in the program if good cause exists as determined	36787
by the county department of job and family services. Good cause	36788
may include losing employment, inability to find employment,	36789
divorce, domestic violence considerations, and unique personal	36790
circumstances. The assistance group must provide a county	36791
department of job and family services verification acceptable to	36792
the county department of whether any members of the assistance	36793
group had employment during the period the assistance group was	36794
not participating in Ohio works first and the amount and sources	36795
of the assistance group's income during that period. If a county	36796
department is satisfied that good cause exists for the assistance	36797
group to reapply to participate in Ohio works first, the	36798
assistance group may reapply. Except as provided in divisions	36799
(C), (D), and (E) of this section, the assistance group may not	36800
participate in Ohio works first for more than twenty-four	36801
additional months. The time limit applies regardless of whether	36802
the twenty-four months are consecutive.	36803

(C) In determining the number of months a parent or pregnant	36804
woman has received assistance under Title IV-A, a county	36805
department of job and family services shall disregard any month	36806
during which the parent or pregnant woman was a minor child but	36807
was neither a minor head of household nor married to the head of	36808
an assistance group.	36809

(D) In determining the number of months an adult has	36810
received assistance under Title IV-A, a county department of job	36811
and family services shall disregard any month during which the	36812
adult lived on an Indian reservation or in an Alaska native	36813
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if,	36814
during the month, at least one thousand individuals lived on the	36815
reservation or in the village and at least fifty per cent of the	36816
adults living on the reservation or in the village were	36817
unemployed.	36818

(E) A county department of job and family services may	36819
exempt not more than twenty per cent of the average monthly number	36820
of Ohio works first participants assistance groups from the time	36821
limit established by this section on the grounds that the county	36822
department determines that the time limit is a hardship. In the	36823
case of the time limit established by division (A) of this	36824
section, a county department may not exempt an assistance group	36825
until the group has exhausted its thirty-six months of cash	36826
assistance.	36827

(F) The department of job and family services shall	36828
continually monitor the percentage of the average monthly number	36829
of Ohio works first participants assistance groups in each county	36830
that is exempted under division (E) of this section from the time	36831
limit established by this section. On determining that the	36832
percentage in any county equals or exceeds eighteen per cent, the	36833
department shall immediately notify the county department of job	36834
and family services.	36835

(G) Only participation in Ohio works first on or after	36836
October 1, 1997, applies to the time limit established by this	36837
section. The time limit applies regardless of the source of	36838
funding for the program. Assistance under Title IV-A provided by	36839
any state applies to the time limit. The time limit is a lifetime	36840
limit. No assistance group shall receive assistance under the	36841
program in violation of the time limit for assistance under Title	36842
IV-A established by section 408(a)(7) of the "Social Security	36843
Act," as amended by the "Personal Responsibility and Work	36844
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	36845
U.S.C.A. 608 (a)(7).	36846

Sec. 5108.01.  As used in this chapter:

36847

(A) "Assistance group" means a group of individuals treated	36848
as a unit for purposes of determining eligibility for the	36849
prevention, retention, and contingency program.	36850

(B) "Minor child" means either of the following:

36851

(1) An individual who has not attained age eighteen;

36852

(2) An individual who has not attained age nineteen and is a	36853
full-time student in a secondary school or in the equivalent level	36854
of vocational or technical training.	36855

(C) "Prevention, retention, and contingency program" means	36856
the program established by this chapter and funded in part with	36857
federal funds provided under Title IV-A.	36858

(D)(C) "Title IV-A" means Title IV-A of the "Social Security	36859
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	36860

Sec. 5108.06.        Sec.  .        Sec. 5108.03.  Under the prevention, retention, and	36861
contingency program, an assistance group that includes at least	36862
one minor child or a pregnant woman and meets the program's	36863
eligibility requirements a county department of job and family	36864
services shall receive assistance or provide benefits and services	36865
needed that individuals need to overcome immediate barriers to	36866
achieving or maintaining self sufficiency and personal	36867
responsibility. A county department shall provide the benefits and	36868
services in accordance with either the model design for the	36869
program that the department of job and family services develops	36870
under section 5108.05 of the Revised Code or the county	36871
department's own policies for the program developed under section	36872
5108.06 of the Revised Code.	36873

Sec. 5108.07.        Sec.  .        Sec. 5108.05.  The department of job and family	36874
services shall develop a model design for the prevention,	36875
retention, and contingency program that county departments of job	36876
and family services may adopt under section 5108.08 5108.06 of the	36877
Revised Code. The model design must be consistent with Title IV-A,	36878
federal regulations, state law, the Title IV-A state plan	36879
submitted to the United States secretary of health and human	36880
services under section 5101.80 of the Revised Code, and amendments	36881
to the plan. No rules shall be adopted to develop the model	36882
design. The department shall provide each county department a	36883
written copy of the model design.	36884

Sec. 5108.08.        Sec.  .        Sec. 5108.06.  Each county department of job and	36885
family services shall either adopt the model design for the	36886
prevention, retention, and contingency program the department of	36887
job and family services develops under section 5108.07 5108.05 of	36888
the Revised Code or develop its own policies for the program. To	36889
develop its own policies, a county department shall adopt a	36890
written statement of the policies governing the program. The	36891
policies may be a modification of the model design, different from	36892
the model design, or a combination. The policies shall establish	36893
or specify eligibility requirements, assistance or services to be	36894
provided under the program, administrative requirements, and other	36895
matters the county department determines necessary. A county	36896
department may amend its statement of policies to modify,	36897
terminate, and establish new policies. The policies must be	36898
consistent with Title IV-A, federal regulations, state law, the	36899
Title IV-A state plan submitted to the United States secretary of	36900
health and human services under section 5101.80 of the Revised	36901
Code, and amendments to the plan.	36902

A county department of job and family services shall inform	36903
the department of job and family services of whether it has	36904
adopted the model design or developed its own policies for the	36905
prevention, retention, and contingency program. If a county	36906
department develops its own policies, it shall provide the	36907
department a written copy of the statement of policies and any	36908
amendments it adopts to the statement.	36909

Sec. 5108.07.  The model design for the prevention,	36910
retention, and contingency program that the department of job and	36911
family services develops under section 5108.05 of the Revised Code	36912
and policies for the program that a county department of job and	36913
family services may develop under section 5108.06 of the Revised	36914
Code shall establish or specify eligibility requirements for	36915
assistance groups that apply for the program under section 5108.10	36916
of the Revised Code, benefits and services to be provided under	36917
the program to assistance groups, administrative requirements, and	36918
other matters the department, in the case of the model design, or	36919
a county department, in the case of county policies, determine are	36920
necessary.	36921

The model design and a county department's policies may	36922
establish eligibility requirements for, and specify benefits and	36923
services to be provided to, types of groups, such as students in	36924
the same class, that share a common need for the benefits and	36925
services. If the model design or a county department's policies	36926
include such a provision, the model design or county department's	36927
policies shall require that each individual who is to receive the	36928
benefits and services meet the eligibility requirements	36929
established for the type of group of which the individual is a	36930
member. The model design or county department's policies also	36931
shall require that the county department providing the benefits	36932
and services certify the group's eligibility, specify the duration	36933
that the group is to receive the benefits and services, and	36934
maintain the eligibility information for each member of the group	36935
receiving the benefits and services.	36936

The model design and a county department's policies may	36937
specify benefits and services that a county department may provide	36938
for the general public, including billboards that promote the	36939
prevention, and reduction in the incidence, of out-of-wedlock	36940
pregnancies or encourage the formation and maintenance of	36941
two-parent families.	36942

The model design and a county department's policies must be	36943
consistent with Title IV-A, federal regulations, state law, the	36944
Title IV-A state plan submitted to the United States secretary of	36945
health and human services under section 5101.80 of the Revised	36946
Code, and amendments to the plan. All benefits and services to be	36947
provided under the model design or a county department's policies	36948
must be allowable uses of federal Title IV-A funds as specified in	36949
42 U.S.C.A. 604(a), except that they may not be "assistance" as	36950
defined in 45 C.F.R. 260.31(a). The benefits and services shall	36951
be benefits and services that 45 C.F.R. 260.31(b) excludes from	36952
the definition of assistance.	36953

Sec. 5108.08. Benefits and services provided under the	36954
prevention, retention, and contingency program are inalienable	36955
whether by way of assignment, charge, or otherwise and exempt from	36956
execution, attachment, garnishment, and other like process.	36957

Sec. 5108.09.  When a state hearing under division (B) of	36958
section 5101.35 of the Revised Code or an administrative appeal	36959
under division (C) of that section is held regarding the	36960
prevention, retention, and contingency program, the hearing	36961
officer, director of job and family services, or director's	36962
designee shall base the decision in the hearing or appeal on the	36963
following:	36964

(A) If the county department of job and family services	36965
involved in the hearing or appeal adopted the department of job	36966
and family services' model design for the program developed under	36967
section 5108.07 5108.05 of the Revised Code, the model design;	36968

(B) If the county department developed its own policies for	36969
the program, the county department's written statement of policies	36970
adopted under section 5108.08 5108.06 of the Revised Code and any	36971
amendments the county department adopted to the statement.	36972

Sec. 5108.10.  An assistance group seeking to participate in	36973
the prevention, retention, and contingency program shall apply to	36974
a county department of job and family services using an	36975
application containing information the county department requires.	36976

When a county department receives an application for	36977
participation in the prevention, retention, and contingency	36978
program, it shall promptly make an investigation and record of the	36979
circumstances of the applicant in order to ascertain the facts	36980
surrounding the application and to obtain such other information	36981
as may be required. On completion of the investigation, the	36982
county department shall determine whether the applicant is	36983
eligible to participate, the assistance benefits or services the	36984
applicant should receive, and the approximate date when	36985
participation is to begin.	36986

Sec. 5111.01.  As used in this chapter, "medical assistance	36987
program" or "medicaid" means the program that is authorized by	36988
this section chapter and provided by the department if of job and	36989
family services under this chapter, Title XIX of the "Social	36990
Security Act," 49 79 Stat. 620 286 (1935 1965), 42 U.S.C.A. 301	36991
1396, as amended, and the waivers of Title XIX requirements	36992
granted to the department by the health care financing	36993
administration of the United States department of health and human	36994
services.	36995

The department of job and family services shall act as the	36996
single state agency to supervise the administration of the	36997
medicaid program. As the single state agency, the department	36998
shall comply with 42 C.F.R. 431.10(e). The department's rules	36999
governing medicaid are binding on other agencies that administer	37000
components of the medicaid program. No agency may establish, by	37001
rule or otherwise, a policy governing medicaid that is	37002
inconsistent with a medicaid policy established, in rule or	37003
otherwise, by the director of job and family services.	37004

(A) The department of job and family services may provide	37005
medical assistance under the medicaid program as long as federal	37006
funds are provided for such assistance, to the following:	37007

(1) Families with children that meet either of the following	37008
conditions:	37009

(a) The family meets the income, resource, and family	37010
composition requirements in effect on July 16, 1996, for the	37011
former aid to dependent children program as those requirements	37012
were established by Chapter 5107. of the Revised Code, federal	37013
waivers granted pursuant to requests made under former section	37014
5101.09 of the Revised Code, and rules adopted by the department	37015
or any changes the department makes to those requirements in	37016
accordance with paragraph (a)(2) of section 114 of the "Personal	37017
Responsibility and Work Opportunity Reconciliation Act of 1996,"	37018
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	37019
implementing section 5111.019 of the Revised Code. An adult loses	37020
eligibility for medical assistance under division (A)(1)(a) of	37021
this section pursuant to division (E) of section 5107.16 of the	37022
Revised Code.	37023

(b) The family does not meet the requirements specified in	37024
division (A)(1)(a) of this section but is eligible for medical	37025
assistance pursuant to section 5101.18 of the Revised Code.	37026

(2) Aged, blind, and disabled persons who meet the following	37027
conditions:	37028

(a) Receive federal aid under Title XVI of the "Social	37029
Security Act," or are eligible for but are not receiving such aid,	37030
provided that the income from all other sources for individuals	37031
with independent living arrangements shall not exceed one hundred	37032
seventy-five dollars per month. The income standards hereby	37033
established shall be adjusted annually at the rate that is used by	37034
the United States department of health and human services to	37035
adjust the amounts payable under Title XVI.	37036

(b) Do not receive aid under Title XVI, but meet any of the	37037
following criteria:	37038

(i) Would be eligible to receive such aid, except that their	37039
income, other than that excluded from consideration as income	37040
under Title XVI, exceeds the maximum under division (A)(2)(a) of	37041
this section, and incurred expenses for medical care, as	37042
determined under federal regulations applicable to section 209(b)	37043
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	37044
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	37045
their income exceeds the maximum under division (A)(2)(a) of this	37046
section;	37047

(ii) Received aid for the aged, aid to the blind, or aid for	37048
the permanently and totally disabled prior to January 1, 1974, and	37049
continue to meet all the same eligibility requirements;	37050

(iii) Are eligible for medical assistance pursuant to	37051
section 5101.18 of the Revised Code.	37052

(3) Persons to whom federal law requires, as a condition of	37053
state participation in the medicaid program, that medical	37054
assistance be provided;	37055

(4) Persons under age twenty-one who meet the income	37056
requirements for the Ohio works first program established under	37057
Chapter 5107. of the Revised Code but do not meet other	37058
eligibility requirements for the program. The director shall	37059
adopt rules in accordance with Chapter 119. of the Revised Code	37060
specifying which Ohio works first requirements shall be waived for	37061
the purpose of providing medicaid eligibility under division	37062
(A)(4) of this section.	37063

(B) If funds are appropriated for such purpose by the	37064
general assembly, the department may provide medical assistance to	37065
persons in groups designated by federal law as groups to which a	37066
state, at its option, may provide medical assistance under the	37067
medicaid program.	37068

(C) The department may expand eligibility for medical	37069
assistance to include individuals under age nineteen with family	37070
incomes at or below one hundred fifty per cent of the federal	37071
poverty guidelines, except that the eligibility expansion shall	37072
not occur unless the department receives the approval of the	37073
federal government. The department may implement the eligibility	37074
expansion authorized under this division on any date selected by	37075
the department, but not sooner than January 1, 1998.	37076

(D) In addition to any other authority or requirement to	37077
adopt rules under this chapter, the director may adopt rules in	37078
accordance with section 111.15 of the Revised Code as the director	37079
considers necessary to establish standards, procedures, and other	37080
requirements regarding the provision of medical assistance. The	37081
rules may establish requirements to be followed in applying for	37082
medical assistance, making determinations of eligibility for	37083
medical assistance, and verifying eligibility for medical	37084
assistance. The rules may include special conditions as the	37085
department determines appropriate for making applications,	37086
determining eligibility, and verifying eligibility for any medical	37087
assistance that the department may provide pursuant to division	37088
(C) of this section and section 5111.014 or 5111.019 of the	37089
Revised Code.	37090

Sec. 5111.0110. (A) The director of job and family services	37091
shall submit to the United States secretary of health and human	37092
services an amendment to the state medicaid plan to implement the	37093
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"	37094
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical	37095
assistance to women who meet all of the following requirements:	37096

(1) Are under age sixty-five;

37097

(2) Are not otherwise eligible for medicaid;

37098

(3) Have been screened for breast and cervical cancer under	37099
the centers for disease control and prevention breast and cervical	37100
cancer early detection program established under 42 U.S.C.A. 300k	37101
in accordance with 42 U.S.C.A. 300n;	37102

(4) Need treatment for breast or cervical cancer;

37103

(5) Are not otherwise covered under creditable coverage, as	37104
defined in 42 U.S.C.A. 300gg(c).	37105

(B) If the United States secretary of health and human	37106
services approves the state medicaid plan amendment submitted	37107
under division (A) of this section, the director of job and family	37108
services shall implement the amendment. The medical assistance	37109
provided under the amendment shall be limited to medical	37110
assistance provided during the period in which a woman who meets	37111
the requirements of division (A) of this section requires	37112
treatment for breast or cervical cancer.	37113

Sec. 5111.022.  (A) The state plan for providing medical	37114
assistance under Title XIX of the "Social Security Act," 49 Stat.	37115
620, 42 U.S.C.A. 301, as amended, shall include provision of the	37116
following mental health services when provided by facilities	37117
described in division (B) of this section:	37118

(1) Outpatient mental health services, including, but not	37119
limited to, preventive, diagnostic, therapeutic, rehabilitative,	37120
and palliative interventions rendered to individuals in an	37121
individual or group setting by a mental health professional in	37122
accordance with a plan of treatment appropriately established,	37123
monitored, and reviewed;	37124

(2) Partial-hospitalization mental health services of three	37125
to fourteen hours per service day, rendered by persons directly	37126
supervised by a mental health professional;	37127

(3) Unscheduled, emergency mental health services of a kind	37128
ordinarily provided to persons in crisis when rendered by persons	37129
supervised by a mental health professional.	37130

(B) Services shall be included in the state plan only when	37131
provided by community mental health facilities that have quality	37132
assurance programs accredited by the joint commission on	37133
accreditation of healthcare organizations or certified by the	37134
department of mental health or department of job and family	37135
services.	37136

(C) The comprehensive annual plan shall certify the	37137
availability of sufficient unencumbered community mental health	37138
state subsidy and local funds to match Title XIX reimbursement	37139
funds earned by the facilities. Reimbursement for eligible	37140
services shall be based on the prospective cost of providing the	37141
services as developed in standards adopted as part of the	37142
comprehensive annual plan.	37143

(D) As used in this section, "mental health professional"	37144
means a person qualified to work with mentally ill persons under	37145
the minimum standards established by the director of mental health	37146
pursuant to section 5119.61 5119.611 of the Revised Code.	37147

(E) With respect to services established by division (A) of	37148
this section, the department of job and family services shall	37149
enter into a separate contract with the department of mental	37150
health. The terms of the contract between the department of job	37151
and family services and the department of mental health shall	37152
specify both of the following:	37153

(1) That the department of mental health and boards of	37154
alcohol, drug addiction, and mental health services shall provide	37155
state and local matching funds for Title XIX of the "Social	37156
Security Act," for reimbursement of services established by	37157
division (A) of this section;	37158

(2) How the community mental health facilities described in	37159
division (B) of this section will be paid for providing the	37160
services established by division (A) of this section.	37161

Sec. 5111.041.  (A) As used in this section, "habilitation:

37162

(1) "Habilitation center" means a habilitation center	37163
certified under section 5123.041 of the Revised Code by the	37164
director of mental retardation and developmental disabilities for	37165
the provision of to provide habilitation center services under	37166
this section.	37167

(2) "Habilitation center services" means services provided	37168
by a habilitation center.	37169

(B) Habilitation centers shall verify the availability of	37170
matching funds for Title XIX of the Social Security Act for	37171
reimbursement of habilitation services as defined in section	37172
5123.041 of the Revised Code and such matching funds shall be	37173
provided in accordance with 42 C.F.R. 433.45 To the extent	37174
provided in rules adopted under division (C) of this section and	37175
permitted by the availability of funds, the medicaid program shall	37176
cover habilitation center services.	37177

(C) The director of job and family services shall adopt	37178
rules in accordance with Chapter 119. of the Revised Code	37179
governing the medicaid program's coverage of habilitation center	37180
services. The rules shall establish or provide for all of the	37181
following:	37182

(1) The requirements a habilitation center must meet to	37183
obtain certification under section 5123.041 of the Revised Code;	37184

(2) Making habilitation center services available to	37185
medicaid recipients with a medical need for the services;	37186

(3) The amount, duration, and scope of the medicaid	37187
program's coverage of the habilitation center services, including	37188
all of the following:	37189

(a) The conditions under which the medicaid program covers	37190
the habilitation center services;	37191

(b) The amount the medicaid program pays for the	37192
habilitation center services or the method by which the amount is	37193
determined;	37194

(c) The manner in which the medicaid program pays for the	37195
habilitation center services.	37196

(D) A county board of mental retardation and developmental	37197
disabilities that has medicaid local administrative authority	37198
under division (B) of section 5126.055 of the Revised Code for	37199
habilitation center services shall pay the nonfederal share of	37200
medicaid expenditures for the services if all of the following	37201
apply:	37202

(1) The habilitation center services are provided to a	37203
medicaid recipient who is a current resident of the county that	37204
the county board serves;	37205

(2) The county board has determined, under section 5126.041	37206
of the Revised Code, that the medicaid recipient is eligible for	37207
county board services;	37208

(3) The habilitation center services are provided by a	37209
habilitation center with a medicaid provider agreement.	37210

(4) No school district is required to pay the nonfederal	37211
share under division (E) of this section.	37212

(E) A school district shall pay the nonfederal share of	37213
medicaid expenditures for habilitation center services if all of	37214
the following apply:	37215

(1) The habilitation center services are provided to a	37216
medicaid recipient who is a student enrolled in a school of the	37217
district;	37218

(2) The habilitation center services are included in the	37219
student's individualized education program provided under section	37220
3323.08 of the Revised Code;	37221

(3) The school district has a medicaid provider agreement to	37222
provide habilitation center services;	37223

(4) The habilitation center services are provided by a	37224
habilitation center with a medicaid provider agreement.	37225

(F) The departments of mental retardation and developmental	37226
disabilities and job and family services may approve, reduce,	37227
deny, or terminate a service included in the individualized	37228
service plan developed for a medicaid recipient eligible for	37229
habilitation center services. The departments shall consider the	37230
recommendations a county board of mental retardation and	37231
developmental disabilities makes under division (B)(1) of section	37232
5126.055 of the Revised Code. If either department approves,	37233
reduces, denies, or terminates a service, that department shall	37234
timely notify the medicaid recipient that the recipient may	37235
request a hearing under section 5101.35 of the Revised Code.	37236

Sec. 5111.042. The departments of mental retardation and	37237
developmental disabilities and job and family services may	37238
approve, reduce, deny, or terminate a service included in the	37239
individualized service plan developed for a medicaid recipient	37240
with mental retardation or other developmental disability who is	37241
eligible for medicaid case management services. The departments	37242
shall consider the recommendations a county board of mental	37243
retardation and developmental disabilities makes under division	37244
(B)(1) of section 5126.055 of the Revised Code. If either	37245
department approves, reduces, denies, or terminates a service,	37246
that department shall timely notify the medicaid recipient that	37247
the recipient may request a hearing under section 5101.35 of the	37248
Revised Code.	37249

Sec. 5111.081. The prescription drug rebates fund is hereby	37250
created in the state treasury. All rebates paid by drug	37251
manufacturers to the department of job and family services in	37252
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8	37253
shall be credited to the fund. The department of job and family	37254
services shall use money credited to the fund to pay for medicaid	37255
services and contracts.	37256

Sec. 5111.17.  (A) As used in this section, "community-based	37257
clinic" means a clinic that provides prenatal, family planning,	37258
well child, or primary care services and is funded in whole or in	37259
part by the state or federal government.	37260

(B) On receipt of a waiver from the United States department	37261
of health and human services of any federal requirement that would	37262
otherwise be violated, the department of job and family services	37263
shall may establish in Franklin, Hamilton, and Lucas some or all	37264
counties a managed care system under which designated recipients	37265
of medical assistance are required to obtain medical health care	37266
services from providers designated by the department. The	37267
department may stagger implementation of the managed care system,	37268
but the system shall be implemented in at least one county not	37269
later than January 1, 1995, and in all three counties not later	37270
than July 1, 1996.	37271

(C)(B) The department, by rule adopted under this section,	37272
may require any recipients in any other county to receive all or	37273
some of their care through managed care organizations that	37274
contract with the department and are paid by the department	37275
pursuant to a capitation or other risk-based methodology	37276
prescribed in the rules, and to receive their care only from	37277
providers designated by the organizations may enter into contracts	37278
with managed care organizations to authorize the organizations to	37279
provide, or arrange for the provision of, health care services to	37280
medical assistance recipients participating in a managed care	37281
system established under this section.	37282

(D) In accordance with rules adopted under division (G) of	37283
this section, the department may issue requests for proposals from	37284
managed care organizations interested in contracting with the	37285
department to provide managed care to participating medical	37286
assistance recipients.	37287

(E) A health insuring corporation under contract with the	37288
department under this section may enter into an agreement with any	37289
community-based clinic for the provision of medical services to	37290
medical assistance recipients participating in the managed care	37291
system if the clinic is willing to accept the terms, conditions,	37292
and payment procedures established by the health insuring	37293
corporation.	37294

(F)(C) For the purpose of determining the amount the	37295
department pays hospitals under section 5112.08 of the Revised	37296
Code and the amount of disproportionate share hospital payments	37297
paid by the medicare program established under Title XVIII of the	37298
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	37299
amended, each managed care organization under contract with the	37300
department to provide managed care hospital services to	37301
participating medical assistance recipients shall keep detailed	37302
records for each hospital with which it contracts about the cost	37303
to the hospital of providing the care, payments made by the	37304
organization to the hospital for the care, utilization of hospital	37305
services by medical assistance recipients participating in managed	37306
care, and other utilization data required by the department.	37307

(G)(D) The director of job and family services shall may	37308
adopt rules in accordance with Chapter 119. of the Revised Code to	37309
implement this section.	37310

Sec. 5111.171. (A) The department of job and family services	37311
may provide financial incentive awards to managed care	37312
organizations that contract with the department under section	37313
5111.17 of the Revised Code to provide health care services to	37314
participating medical assistance recipients and that meet or	37315
exceed performance standards specified in provider agreements or	37316
rules adopted by the department. The department may specify in a	37317
contract with a managed care organization the amounts of financial	37318
incentive awards, methodology for distributing awards, types of	37319
awards, and standards for administration by the department.	37320

(B) There is hereby created in the state treasury the health	37321
care compliance fund. The fund shall consist of all fines imposed	37322
on and collected from managed care organizations for failure to	37323
nmeet performance standards or other requirements specified in	37324
provider agreements or rules adopted by the department. All	37325
investment earnings of the fund shall be credited to the fund.	37326
Moneys credited to the fund shall be used solely for the following	37327
purposes:	37328

(1) To reimburse managed care organizations that have paid	37329
fines for failures to meet performance standards or other	37330
requirements and that have come into compliance by meeting	37331
requirements as specified by the department;	37332

(2) To provide financial incentive awards established	37333
pursuant to division (A) of this section and specified in	37334
contracts between managed care organizations and the department.	37335

Sec. 5111.231.  (A)(1) The department of job and family	37336
services shall determine case-mix scores for nursing facilities	37337
using data for each resident, regardless of payment source, from a	37338
resident assessment instrument specified in rules adopted in	37339
accordance with Chapter 119. of the Revissed Revised Code pursuant	37340
to section 19119 1919(e)(5) of the "Social Security Act," 49 Stat.	37341
620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the case-mix	37342
values established by the United States department of health and	37343
human services. Except as modified in rules adopted under	37344
division (A)(1)(c) of this section, the department also shall use	37345
the grouper methodology used on June 30, 1999, by the United	37346
States department of health and human services for prospective	37347
payment of skilled nursing facilities under the medicare program	37348
established by Title XVIII of the "Social Security Act," 49 Stat.	37349
620 (1935), 42 U.S.C.A. 301, as amended. The director of job and	37350
family services may adopt rules in accordance with Chapter 119. of	37351
the Revised Code that do any of the following:	37352

(a) Adjust the case-mix values to reflect changes in	37353
relative wage differentials that are specific to this state;	37354

(b) Express all of the case-mix values in numeric terms that	37355
are different from the terms specified by the United States	37356
department of health and human services but that do not alter the	37357
relationship of the case-mix values to one another;	37358

(c) Modify the grouper methodology as follows:

37359

(i) Establish a different hierarchy for assigning residents	37360
to case-mix categories under the methodology;	37361

(ii) Prohibit the use of the index maximizer element of the	37362
methodology;	37363

(iii) Incorporate changes to the methodology the United	37364
States department of health and human services makes after June	37365
30, 1999;	37366

(iv) Make other changes the medicaid long-term care	37367
reimbursement study council established by section 5111.34 of the	37368
Revised Code approves.	37369

(2) The department shall determine case-mix scores for	37370
intermediate care facilities for the mentally retarded using data	37371
for each resident, regardless of payment source, from a resident	37372
assessment instrument and grouper methodology prescribed in rules	37373
adopted in accordance with Chapter 119. of the Revised Code and	37374
expressed in case-mix values established by the department in	37375
those rules. The department may change the grouper methodology	37376
prescribed in rules in effect on June 30, 1999, only if the	37377
medicaid long-term care reimbursement study council approves the	37378
change.	37379

(B) Not later than fifteen days after the end of each	37380
calendar quarter, each nursing facility and intermediate care	37381
facility for the mentally retarded shall submit to the department	37382
the complete assessment data, from the instrument specified in	37383
rules adopted under division (A) of this section, for each	37384
resident, regardless of payment source, who was in the facility or	37385
on hospital or therapeutic leave from the facility on the last day	37386
of the quarter.	37387

Except as provided in division (C) of this section, the	37388
department, after the end of each calendar year and pursuant to	37389
procedures specified in rules adopted in accordance with Chapter	37390
119. of the Revised Code, shall calculate an annual average	37391
case-mix score for each nursing facility and intermediate care	37392
facility for the mentally retarded using the facility's quarterly	37393
case-mix scores for that calendar year.	37394

(C)(1) If a facility does not timely submit information for	37395
a calendar quarter necessary to calculate its case-mix score, or	37396
submits incomplete or inaccurate information for a calendar	37397
quarter, the department may assign the facility a quarterly	37398
average case-mix score that is five per cent less than the	37399
facility's quarterly average case-mix score for the preceding	37400
calendar quarter. If the facility was subject to an exception	37401
review under division (C) of section 5111.27 of the Revised Code	37402
for the preceding calendar quarter, the department may assign a	37403
quarterly average case-mix score that is five per cent less than	37404
the score determined by the exception review. If the facility was	37405
assigned a quarterly average case-mix score for the preceding	37406
quarter, the department may assign a quarterly average case-mix	37407
score that is five per cent less than that score assigned for the	37408
preceding quarter.	37409

The department may use a quarterly average case-mix score	37410
assigned under division (C)(1) of this section, instead of a	37411
quarterly average case-mix score calculated based on the	37412
facility's submitted information, to calculate the facility's rate	37413
for direct care costs being established under section 5111.23 of	37414
the Revised Code for one or more months, as specified in rules	37415
adopted under division (D) of this section, of the quarter for	37416
which the rate established under section 5111.23 of the Revised	37417
Code will be paid.	37418

Before taking action under division (C)(1) of this section,	37419
the department shall permit the facility a reasonable period of	37420
time, specified in rules adopted under division (D) of this	37421
section, to correct the information. In the case of an	37422
intermediate care facility for the mentally retarded, the	37423
department shall not assign a quarterly average case-mix score due	37424
to late submission of corrections to assessment information unless	37425
the facility fails to submit corrected information prior to the	37426
eighty-first day after the end of the calendar quarter to which	37427
the information pertains. In the case of a nursing facility, the	37428
department shall not assign a quarterly average case-mix score due	37429
to late submission of corrections to assessment information unless	37430
the facility fails to submit corrected information prior to the	37431
earlier of the eighty-first day after the end of the calendar	37432
quarter to which the information pertains or the deadline for	37433
submission of such corrections established by regulations adopted	37434
by the United States department of health and human services under	37435
Titles XVIII and XIX of the Social Security Act.	37436

(2) If a facility is paid a rate calculated using a	37437
quarterly average case-mix score assigned under division (C)(1) of	37438
this section for more than six months in a calendar year, the	37439
department may assign the facility a cost per case-mix unit that	37440
is five per cent less than the facility's actual or assigned cost	37441
per case-mix unit for the preceding calendar year. The department	37442
may use the assigned cost per case-mix unit, instead of	37443
calculating the facility's actual cost per case-mix unit in	37444
accordance with section 5111.23 of the Revised Code, to establish	37445
the facility's rate for direct care costs for the following fiscal	37446
year.	37447

(3) The department shall take action under division (C)(1)	37448
or (2) of this section only in accordance with rules adopted under	37449
division (D) of this section. The department shall not take an	37450
action that affects rates for prior payment periods except in	37451
accordance with sections 5111.27 and 5111.28 of the Revised Code.	37452

(D) The director may adopt rules in accordance with Chapter	37453
119. of the Revised Code that do any of the following:	37454

(1) Specify the medium or media through which the completed	37455
assessment information shall be submitted;	37456

(2) Establish procedures under which the department will	37457
review assessment information for accuracy and notify the facility	37458
of any information that requires correction;	37459

(3) Establish procedures for facilities to correct	37460
assessment information. The procedures may prohibit an	37461
intermediate care facility for the mentally retarded from	37462
submitting corrected assessment information, for the purpose of	37463
calculating its annual average case-mix score, more than two	37464
calendar quarters after the end of the quarter to which the	37465
information pertains or, if the information pertains to the	37466
quarter ending the thirty-first day of December, after the	37467
thirty-first day of the following March. The procedures may limit	37468
the content of corrections by nursing facilities in the manner	37469
required by regulations adopted by the United States department of	37470
health and human services under Titles XVIII and XIX of the Social	37471
Security Act and prohibit a nursing facility from submitting	37472
corrected assessment information, for the purpose of calculating	37473
its annual average case-mix score, more than the earlier of the	37474
following:	37475

(a) Two calendar quarters after the end of the quarter to	37476
which the information pertains or, if the information pertains to	37477
the quarter ending the thirty-first day of December, after the	37478
thirty-first day of the following March;	37479

(b) The deadline for submission of such corrections	37480
established by regulations adopted by the United States department	37481
of health and human services under Titles XVIII and XIX of the	37482
Social Security Act.	37483

(4) Specify when and how the department will assign case-mix	37484
scores or costs per case-mix unit under division (C) of this	37485
section if information necessary to calculate the facility's	37486
average annual or quarterly case-mix score is not provided or	37487
corrected in accordance with the procedures established by the	37488
rules. Notwithstanding any other provision of sections 5111.20 to	37489
5111.32 of the Revised Code, the rules also may provide for	37490
exclusion of case-mix scores assigned under division (C) of this	37491
section from calculation of the facility's annual average case-mix	37492
score and the maximum cost per case-mix unit for the facility's	37493
peer group.	37494

Sec. 5111.25.  (A) The department of job and family services	37495
shall pay each eligible nursing facility a per resident per day	37496
rate for its reasonable capital costs established prospectively	37497
each fiscal year for each facility. Except as otherwise provided	37498
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	37499
be based on the facility's capital costs for the calendar year	37500
preceding the fiscal year in which the rate will be paid. The	37501
rate shall equal the sum of divisions (A)(1) to (3) of this	37502
section:	37503

(1) The lesser of the following:

37504

(a) Eighty-eight and sixty-five one-hundredths per cent of	37505
the facility's desk-reviewed, actual, allowable, per diem cost of	37506
ownership and eighty-five per cent of the facility's actual,	37507
allowable, per diem cost of nonextensive renovation determined	37508
under division (F) of this section;	37509

(b) Eighty-eight and sixty-five one-hundredths per cent of	37510
the following limitation:	37511

(i) For the fiscal year beginning July 1, 1993, sixteen	37512
dollars per resident day;	37513

(ii) For the fiscal year beginning July 1, 1994, sixteen	37514
dollars per resident day, adjusted to reflect the rate of	37515
inflation for the twelve-month period beginning July 1, 1992, and	37516
ending June 30, 1993, using the consumer price index for shelter	37517
costs for all urban consumers for the north central region,	37518
published by the United States bureau of labor statistics;	37519

(iii) For subsequent fiscal years, the limitation in effect	37520
during the previous fiscal year, adjusted to reflect the rate of	37521
inflation for the twelve-month period beginning on the first day	37522
of July for the calendar year preceding the calendar year that	37523
precedes the fiscal year and ending on the following thirtieth day	37524
of June, using the consumer price index for shelter costs for all	37525
urban consumers for the north central region, published by the	37526
United States bureau of labor statistics.	37527

(2) Any efficiency incentive determined under division (D)	37528
of this section;	37529

(3) Any amounts for return on equity determined under	37530
division (H) of this section.	37531

Buildings shall be depreciated using the straight line method	37532
over forty years or over a different period approved by the	37533
department. Components and equipment shall be depreciated using	37534
the straight-line method over a period designated in rules adopted	37535
by the director of job and family services in accordance with	37536
Chapter 119. of the Revised Code, consistent with the guidelines	37537
of the American hospital association, or over a different period	37538
approved by the department. Any rules adopted under this division	37539
that specify useful lives of buildings, components, or equipment	37540
apply only to assets acquired on or after July 1, 1993.	37541
Depreciation for costs paid or reimbursed by any government agency	37542
shall not be included in cost of ownership or renovation unless	37543
that part of the payment under sections 5111.20 to 5111.32 of the	37544
Revised Code is used to reimburse the government agency.	37545

(B) The capital cost basis of nursing facility assets shall	37546
be determined in the following manner:	37547

(1) For purposes of calculating the rate to be paid for the	37548
fiscal year beginning July 1, 1993, for facilities with dates of	37549
licensure on or before June 30, 1993, the capital cost basis shall	37550
be equal to the following:	37551

(a) For facilities that have not had a change of ownership	37552
during the period beginning January 1, 1993, and ending June 30,	37553
1993, the desk-reviewed, actual, allowable capital cost basis that	37554
is listed on the facility's cost report for the cost reporting	37555
period ending December 31, 1992, plus the actual, allowable	37556
capital cost basis of any assets constructed or acquired after	37557
December 31, 1992, but before July 1, 1993, if the aggregate	37558
capital costs of those assets would increase the facility's rate	37559
for capital costs by twenty or more cents per resident per day.	37560

(b) For facilities that have a date of licensure or had a	37561
change of ownership during the period beginning January 1, 1993,	37562
and ending June 30, 1993, the actual, allowable capital cost basis	37563
of the person or government entity that owns the facility on June	37564
30, 1993.	37565

Capital cost basis shall be calculated as provided in	37566
division (B)(1) of this section subject to approval by the United	37567
States health care financing administration of any necessary	37568
amendment to the state plan for providing medical assistance.	37569

The department shall include the actual, allowable capital	37570
cost basis of assets constructed or acquired during the period	37571
beginning January 1, 1993, and ending June 30, 1993, in the	37572
calculation for the facility's rate effective July 1, 1993, if the	37573
aggregate capital costs of the assets would increase the	37574
facility's rate by twenty or more cents per resident per day and	37575
the facility provides the department with sufficient documentation	37576
of the costs before June 1, 1993. If the facility provides the	37577
documentation after that date, the department shall adjust the	37578
facility's rate to reflect the costs of the assets one month after	37579
the first day of the month after the department receives the	37580
documentation.	37581

(2) Except as provided in division (B)(4) of this section,	37582
for purposes of calculating the rates to be paid for fiscal years	37583
beginning after June 30, 1994, for facilities with dates of	37584
licensure on or before June 30, 1993, the capital cost basis of	37585
each asset shall be equal to the desk-reviewed, actual, allowable,	37586
capital cost basis that is listed on the facility's cost report	37587
for the calendar year preceding the fiscal year during which the	37588
rate will be paid.	37589

(3) For facilities with dates of licensure after June 30,	37590
1993, the capital cost basis shall be determined in accordance	37591
with the principles of the medicare program established under	37592
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	37593
U.S.C.A. 301, as amended, except as otherwise provided in sections	37594
5111.20 to 5111.32 of the Revised Code.	37595

(4) Except as provided in division (B)(5) of this section,	37596
if a provider transfers an interest in a facility to another	37597
provider after June 30, 1993, there shall be no increase in the	37598
capital cost basis of the asset if the providers are related	37599
parties. If the providers are not related parties or if they are	37600
related parties and division (B)(5) of this section requires the	37601
adjustment of the capital cost basis under this division, the	37602
basis of the asset shall be adjusted by the lesser of the	37603
following:	37604

(a) One-half of the change in construction costs during the	37605
time that the transferor held the asset, as calculated by the	37606
department of job and family services using the "Dodge building	37607
cost indexes, northeastern and north central states," published by	37608
Marshall and Swift;	37609

(b) One-half of the change in the consumer price index for	37610
all items for all urban consumers, as published by the United	37611
States bureau of labor statistics, during the time that the	37612
transferor held the asset.	37613

(5) If a provider transfers an interest in a facility to	37614
another provider who is a related party, the capital cost basis of	37615
the asset shall be adjusted as specified in division (B)(4) of	37616
this section for a transfer to a provider that is not a related	37617
party if all of the following conditions are met:	37618

(a) The related party is a relative of owner;

37619

(b) Except as provided in division (B)(5)(c)(ii) of this	37620
section, the provider making the transfer retains no ownership	37621
interest in the facility;	37622

(c) The department of job and family services determines	37623
that the transfer is an arm's length transaction pursuant to rules	37624
the department shall adopt in accordance with Chapter 119. of the	37625
Revised Code no later than December 31, 2000. The rules shall	37626
provide that a transfer is an arm's length transaction if all of	37627
the following apply:	37628

(i) Once the transfer goes into effect, the provider that	37629
made the transfer has no direct or indirect interest in the	37630
provider that acquires the facility or the facility itself,	37631
including interest as an owner, officer, director, employee,	37632
independent contractor, or consultant, but excluding interest as a	37633
creditor.	37634

(ii) The provider that made the transfer does not reacquire	37635
an interest in the facility except through the exercise of a	37636
creditor's rights in the event of a default. If the provider	37637
reacquires an interest in the facility in this manner, the	37638
department shall treat the facility as if the transfer never	37639
occurred when the department calculates its reimbursement rates	37640
for capital costs.	37641

(iii) The transfer satisfies any other criteria specified in	37642
the rules.	37643

(d) Except in the case of hardship caused by a catastrophic	37644
event, as determined by the department, or in the case of a	37645
provider making the transfer who is at least sixty-five years of	37646
age, not less than twenty years have elapsed since, for the same	37647
facility, the capital cost basis was adjusted most recently under	37648
division (B)(5) of this section or actual, allowable cost of	37649
ownership was determined most recently under division (C)(9) of	37650
this section.	37651

(C) As used in this division, "lease expense" means lease	37652
payments in the case of an operating lease and depreciation	37653
expense and interest expense in the case of a capital lease. As	37654
used in this division, "new lease" means a lease, to a different	37655
lessee, of a nursing facility that previously was operated under a	37656
lease.	37657

(1) Subject to the limitation specified in division (A)(1)	37658
of this section, for a lease of a facility that was effective on	37659
May 27, 1992, the entire lease expense is an actual, allowable	37660
cost of ownership during the term of the existing lease. The	37661
entire lease expense also is an actual, allowable cost of	37662
ownership if a lease in existence on May 27, 1992, is renewed	37663
under either of the following circumstances:	37664

(a) The renewal is pursuant to a renewal option that was in	37665
existence on May 27, 1992;	37666

(b) The renewal is for the same lease payment amount and	37667
between the same parties as the lease in existence on May 27,	37668
1992.	37669

(2) Subject to the limitation specified in division (A)(1)	37670
of this section, for a lease of a facility that was in existence	37671
but not operated under a lease on May 27, 1992, actual, allowable	37672
cost of ownership shall include the lesser of the annual lease	37673
expense or the annual depreciation expense and imputed interest	37674
expense that would be calculated at the inception of the lease	37675
using the lessor's entire historical capital asset cost basis,	37676
adjusted by the lesser of the following amounts:	37677

(a) One-half of the change in construction costs during the	37678
time the lessor held each asset until the beginning of the lease,	37679
as calculated by the department using the "Dodge building cost	37680
indexes, northeastern and north central states," published by	37681
Marshall and Swift;	37682

(b) One-half of the change in the consumer price index for	37683
all items for all urban consumers, as published by the United	37684
States bureau of labor statistics, during the time the lessor held	37685
each asset until the beginning of the lease.	37686

(3) Subject to the limitation specified in division (A)(1)	37687
of this section, for a lease of a facility with a date of	37688
licensure on or after May 27, 1992, that is initially operated	37689
under a lease, actual, allowable cost of ownership shall include	37690
the annual lease expense if there was a substantial commitment of	37691
money for construction of the facility after December 22, 1992,	37692
and before July 1, 1993. If there was not a substantial	37693
commitment of money after December 22, 1992, and before July 1,	37694
1993, actual, allowable cost of ownership shall include the lesser	37695
of the annual lease expense or the sum of the following:	37696

(a) The annual depreciation expense that would be calculated	37697
at the inception of the lease using the lessor's entire historical	37698
capital asset cost basis;	37699

(b) The greater of the lessor's actual annual amortization	37700
of financing costs and interest expense at the inception of the	37701
lease or the imputed interest expense calculated at the inception	37702
of the lease using seventy per cent of the lessor's historical	37703
capital asset cost basis.	37704

(4) Subject to the limitation specified in division (A)(1)	37705
of this section, for a lease of a facility with a date of	37706
licensure on or after May 27, 1992, that was not initially	37707
operated under a lease and has been in existence for ten years,	37708
actual, allowable cost of ownership shall include the lesser of	37709
the annual lease expense or the annual depreciation expense and	37710
imputed interest expense that would be calculated at the inception	37711
of the lease using the entire historical capital asset cost basis	37712
of the lessor, adjusted by the lesser of the following:	37713

(a) One-half of the change in construction costs during the	37714
time the lessor held each asset until the beginning of the lease,	37715
as calculated by the department using the "Dodge building cost	37716
indexes, northeastern and north central states," published by	37717
Marshall and Swift;	37718

(b) One-half of the change in the consumer price index for	37719
all items for all urban consumers, as published by the United	37720
States bureau of labor statistics, during the time the lessor held	37721
each asset until the beginning of the lease.	37722

(5) Subject to the limitation specified in division (A)(1)	37723
of this section, for a new lease of a facility that was operated	37724
under a lease on May 27, 1992, actual, allowable cost of ownership	37725
shall include the lesser of the annual new lease expense or the	37726
annual old lease payment. If the old lease was in effect for ten	37727
years or longer, the old lease payment from the beginning of the	37728
old lease shall be adjusted by the lesser of the following:	37729

(a) One-half of the change in construction costs from the	37730
beginning of the old lease to the beginning of the new lease, as	37731
calculated by the department using the "Dodge building cost	37732
indexes, northeastern and north central states," published by	37733
Marshall and Swift;	37734

(b) One-half of the change in the consumer price index for	37735
all items for all urban consumers, as published by the United	37736
States bureau of labor statistics, from the beginning of the old	37737
lease to the beginning of the new lease.	37738

(6) Subject to the limitation specified in division (A)(1)	37739
of this section, for a new lease of a facility that was not in	37740
existence or that was in existence but not operated under a lease	37741
on May 27, 1992, actual, allowable cost of ownership shall include	37742
the lesser of annual new lease expense or the annual amount	37743
calculated for the old lease under division (C)(2), (3), (4), or	37744
(6) of this section, as applicable. If the old lease was in	37745
effect for ten years or longer, the lessor's historical capital	37746
asset cost basis shall be adjusted by the lesser of the following	37747
for purposes of calculating the annual amount under division	37748
(C)(2), (3), (4), or (6) of this section:	37749

(a) One-half of the change in construction costs from the	37750
beginning of the old lease to the beginning of the new lease, as	37751
calculated by the department using the "Dodge building cost	37752
indexes, northeastern and north central states," published by	37753
Marshall and Swift;	37754

(b) One-half of the change in the consumer price index for	37755
all items for all urban consumers, as published by the United	37756
States bureau of labor statistics, from the beginning of the old	37757
lease to the beginning of the new lease.	37758

In the case of a lease under division (C)(3) of this section	37759
of a facility for which a substantial commitment of money was made	37760
after December 22, 1992, and before July 1, 1993, the old lease	37761
payment shall be adjusted for the purpose of determining the	37762
annual amount.	37763

(7) For any revision of a lease described in division	37764
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any	37765
subsequent lease of a facility operated under such a lease, other	37766
than execution of a new lease, the portion of actual, allowable	37767
cost of ownership attributable to the lease shall be the same as	37768
before the revision or subsequent lease.	37769

(8) Except as provided in division (C)(9) of this section,	37770
if a provider leases an interest in a facility to another provider	37771
who is a related party, the related party's actual, allowable cost	37772
of ownership shall include the lesser of the annual lease expense	37773
or the reasonable cost to the lessor.	37774

(9) If a provider leases an interest in a facility to	37775
another provider who is a related party, regardless of the date of	37776
the lease, the related party's actual, allowable cost of ownership	37777
shall include the annual lease expense, subject to the limitations	37778
specified in divisions (C)(1) to (7) of this section, if all of	37779
the following conditions are met:	37780

(a) The related party is a relative of owner;

37781

(b) If the lessor retains an ownership interest, it is,	37782
except as provided in division (C)(9)(c)(ii) of this section, in	37783
only the real property and any improvements on the real property;	37784

(c) The department of job and family services determines	37785
that the lease is an arm's length transaction pursuant to rules	37786
the department shall adopt in accordance with Chapter 119. of the	37787
Revised Code no later than December 31, 2000. The rules shall	37788
provide that a lease is an arm's length transaction if all of the	37789
following apply:	37790

(i) Once the lease goes into effect, the lessor has no	37791
direct or indirect interest in the lessee or, except as provided	37792
in division (C)(9)(b) of this section, the facility itself,	37793
including interest as an owner, officer, director, employee,	37794
independent contractor, or consultant, but excluding interest as a	37795
lessor.	37796

(ii) The lessor does not reacquire an interest in the	37797
facility except through the exercise of a lessor's rights in the	37798
event of a default. If the lessor reacquires an interest in the	37799
facility in this manner, the department shall treat the facility	37800
as if the lease never occurred when the department calculates its	37801
reimbursement rates for capital costs.	37802

(iii) The lease satisfies any other criteria specified in	37803
the rules.	37804

(d) Except in the case of hardship caused by a catastrophic	37805
event, as determined by the department, or in the case of a lessor	37806
who is at least sixty-five years of age, not less than twenty	37807
years have elapsed since, for the same facility, the capital cost	37808
basis was adjusted most recently under division (B)(5) of this	37809
section or actual, allowable cost of ownership was determined most	37810
recently under division (C)(9) of this section.	37811

(10) This division does not apply to leases of specific	37812
items of equipment.	37813

(D)(1) Subject to division (D)(2) of this section, the	37814
department shall pay each nursing facility an efficiency incentive	37815
that is equal to fifty per cent of the difference between the	37816
following:	37817

(a) Eighty-eight and sixty-five one-hundredths per cent of	37818
the facility's desk-reviewed, actual, allowable, per diem cost of	37819
ownership;	37820

(b) The applicable amount specified in division (E) of this	37821
section.	37822

(2) The efficiency incentive paid to a nursing facility	37823
shall not exceed the greater of the following:	37824

(a) The efficiency incentive the facility was paid during	37825
the fiscal year ending June 30, 1994;	37826

(b) Three dollars per resident per day, adjusted annually	37827
for rates paid beginning July 1, 1994, for the inflation rate for	37828
the twelve-month period beginning on the first day of July of the	37829
calendar year preceding the calendar year that precedes the fiscal	37830
year for which the efficiency incentive is determined and ending	37831
on the thirtieth day of the following June, using the consumer	37832
price index for shelter costs for all urban consumers for the	37833
north central region, as published by the United States bureau of	37834
labor statistics.	37835

(3) For purposes of calculating the efficiency incentive,	37836
depreciation for costs that are paid or reimbursed by any	37837
government agency shall be considered as costs of ownership, and	37838
renovation costs that are paid under division (F) of this section	37839
shall not be considered costs of ownership.	37840

(E) The following amounts shall be used to calculate	37841
efficiency incentives for nursing facilities under this section:	37842

(1) For facilities with dates of licensure prior to January	37843
1, 1958, four dollars and twenty-four cents per patient day;	37844

(2) For facilities with dates of licensure after December	37845
31, 1957, but prior to January 1, 1968:	37846

(a) Five dollars and twenty-four cents per patient day if	37847
the cost of construction was three thousand five hundred dollars	37848
or more per bed;	37849

(b) Four dollars and twenty-four cents per patient day if	37850
the cost of construction was less than three thousand five hundred	37851
dollars per bed.	37852

(3) For facilities with dates of licensure after December	37853
31, 1967, but prior to January 1, 1976:	37854

(a) Six dollars and twenty-four cents per patient day if the	37855
cost of construction was five thousand one hundred fifty dollars	37856
or more per bed;	37857

(b) Five dollars and twenty-four cents per patient day if	37858
the cost of construction was less than five thousand one hundred	37859
fifty dollars per bed, but exceeded three thousand five hundred	37860
dollars per bed;	37861

(c) Four dollars and twenty-four cents per patient day if	37862
the cost of construction was three thousand five hundred dollars	37863
or less per bed.	37864

(4) For facilities with dates of licensure after December	37865
31, 1975, but prior to January 1, 1979:	37866

(a) Seven dollars and twenty-four cents per patient day if	37867
the cost of construction was six thousand eight hundred dollars or	37868
more per bed;	37869

(b) Six dollars and twenty-four cents per patient day if the	37870
cost of construction was less than six thousand eight hundred	37871
dollars per bed but exceeded five thousand one hundred fifty	37872
dollars per bed;	37873

(c) Five dollars and twenty-four cents per patient day if	37874
the cost of construction was five thousand one hundred fifty	37875
dollars or less per bed, but exceeded three thousand five hundred	37876
dollars per bed;	37877

(d) Four dollars and twenty-four cents per patient day if	37878
the cost of construction was three thousand five hundred dollars	37879
or less per bed.	37880

(5) For facilities with dates of licensure after December	37881
31, 1978, but prior to January 1, 1981:	37882

(a) Seven dollars and seventy-four cents per patient day if	37883
the cost of construction was seven thousand six hundred	37884
twenty-five dollars or more per bed;	37885

(b) Seven dollars and twenty-four cents per patient day if	37886
the cost of construction was less than seven thousand six hundred	37887
twenty-five dollars per bed but exceeded six thousand eight	37888
hundred dollars per bed;	37889

(c) Six dollars and twenty-four cents per patient day if the	37890
cost of construction was six thousand eight hundred dollars or	37891
less per bed but exceeded five thousand one hundred fifty dollars	37892
per bed;	37893

(d) Five dollars and twenty-four cents per patient day if	37894
the cost of construction was five thousand one hundred fifty	37895
dollars or less but exceeded three thousand five hundred dollars	37896
per bed;	37897

(e) Four dollars and twenty-four cents per patient day if	37898
the cost of construction was three thousand five hundred dollars	37899
or less per bed.	37900

(6) For facilities with dates of licensure in 1981 or any	37901
year thereafter prior to December 22, 1992, the following amount:	37902

(a) For facilities with construction costs less than seven	37903
thousand six hundred twenty-five dollars per bed, the applicable	37904
amounts for the construction costs specified in divisions	37905
(E)(5)(b) to (e) of this section;	37906

(b) For facilities with construction costs of seven thousand	37907
six hundred twenty-five dollars or more per bed, six dollars per	37908
patient day, provided that for 1981 and annually thereafter prior	37909
to December 22, 1992, department shall do both of the following to	37910
the six-dollar amount:	37911

(i) Adjust the amount for fluctuations in construction costs	37912
calculated by the department using the "Dodge building cost	37913
indexes, northeastern and north central states," published by	37914
Marshall and Swift, using 1980 as the base year;	37915

(ii) Increase the amount, as adjusted for inflation under	37916
division (E)(6)(b)(i) of this section, by one dollar and	37917
seventy-four cents.	37918

(7) For facilities with dates of licensure on or after	37919
January 1, 1992, seven dollars and ninety-seven cents, adjusted	37920
for fluctuations in construction costs between 1991 and 1993 as	37921
calculated by the department using the "Dodge building cost	37922
indexes, northeastern and north central states," published by	37923
Marshall and Swift, and then increased by one dollar and	37924
seventy-four cents.	37925

For the fiscal year that begins July 1, 1994, each of the	37926
amounts listed in divisions (E)(1) to (7) of this section shall be	37927
increased by twenty-five cents. For the fiscal year that begins	37928
July 1, 1995, each of those amounts shall be increased by an	37929
additional twenty-five cents. For subsequent fiscal years, each	37930
of those amounts, as increased for the prior fiscal year, shall be	37931
adjusted to reflect the rate of inflation for the twelve-month	37932
period beginning on the first day of July of the calendar year	37933
preceding the calendar year that precedes the fiscal year and	37934
ending on the following thirtieth day of June, using the consumer	37935
price index for shelter costs for all urban consumers for the	37936
north central region, as published by the United States bureau of	37937
labor statistics.	37938

If the amount established for a nursing facility under this	37939
division is less than the amount that applied to the facility	37940
under division (B) of former section 5111.25 of the Revised Code,	37941
as the former section existed immediately prior to December 22,	37942
1992, the amount used to calculate the efficiency incentive for	37943
the facility under division (D)(2) of this section shall be the	37944
amount that was calculated under division (B) of the former	37945
section.	37946

(F) Beginning July 1, 1993, regardless of the facility's	37947
date of licensure or the date of the nonextensive renovations, the	37948
rate for the costs of nonextensive renovations for nursing	37949
facilities shall be eighty-five per cent of the desk-reviewed,	37950
actual, allowable, per diem, nonextensive renovation costs. This	37951
division applies to nonextensive renovations regardless of whether	37952
they are made by an owner or a lessee. If the tenancy of a lessee	37953
that has made nonextensive renovations ends before the	37954
depreciation expense for the renovation costs has been fully	37955
reported, the former lessee shall not report the undepreciated	37956
balance as an expense.	37957

(1) For a nonextensive renovation made after July 1, 1993,	37958
to qualify for payment under this division, both of the following	37959
conditions must be met:	37960

(a) At least five years have elapsed since the date of	37961
licensure of the portion of the facility that is proposed to be	37962
renovated, except that this condition does not apply if the	37963
renovation is necessary to meet the requirements of federal,	37964
state, or local statutes, ordinances, rules, or policies.	37965

(b) The provider has obtained prior approval from the	37966
department of job and family services, and if required the	37967
director of health has granted a certificate of need for the	37968
renovation under section 3702.52 of the Revised Code. The	37969
provider shall submit a plan that describes in detail the changes	37970
in capital assets to be accomplished by means of the renovation	37971
and the timetable for completing the project. The time for	37972
completion of the project shall be no more than eighteen months	37973
after the renovation begins. The department of job and family	37974
services shall adopt rules in accordance with Chapter 119. of the	37975
Revised Code that specify criteria and procedures for prior	37976
approval of renovation projects. No provider shall separate a	37977
project with the intent to evade the characterization of the	37978
project as a renovation or as an extensive renovation. No	37979
provider shall increase the scope of a project after it is	37980
approved by the department of job and family services unless the	37981
increase in scope is approved by the department.	37982

(2) The payment provided for in this division is the only	37983
payment that shall be made for the costs of a nonextensive	37984
renovation. Nonextensive renovation costs shall not be included	37985
in costs of ownership, and a nonextensive renovation shall not	37986
affect the date of licensure for purposes of calculating the	37987
efficiency incentive under divisions (D) and (E) of this section.	37988

(G) The owner of a nursing facility operating under a	37989
provider agreement shall provide written notice to the department	37990
of job and family services at least forty-five days prior to	37991
entering into any contract of sale for the facility or voluntarily	37992
terminating participation in the medical assistance program. After	37993
the date on which a transaction of sale is closed, the owner shall	37994
refund to the department the amount of excess depreciation paid to	37995
the facility by the department for each year the owner has	37996
operated the facility under a provider agreement and prorated	37997
according to the number of medicaid patient days for which the	37998
facility has received payment. If a nursing facility is sold	37999
after five or fewer years of operation under a provider agreement,	38000
the refund to the department shall be equal to the excess	38001
depreciation paid to the facility. If a nursing facility is sold	38002
after more than five years but less than ten years of operation	38003
under a provider agreement, the refund to the department shall	38004
equal the excess depreciation paid to the facility multiplied by	38005
twenty per cent, multiplied by the difference between ten and the	38006
number of years that the facility was operated under a provider	38007
agreement. If a nursing facility is sold after ten or more years	38008
of operation under a provider agreement, the owner shall not	38009
refund any excess depreciation to the department. The owner of a	38010
facility that is sold or that voluntarily terminates participation	38011
in the medical assistance program also shall refund any other	38012
amount that the department properly finds to be due after the	38013
audit conducted under this division. For the purposes of this	38014
division, "depreciation paid to the facility" means the amount	38015
paid to the nursing facility for cost of ownership pursuant to	38016
this section less any amount paid for interest costs, amortization	38017
of financing costs, and lease expenses. For the purposes of this	38018
division, "excess depreciation" is the nursing facility's	38019
depreciated basis, which is the owner's cost less accumulated	38020
depreciation, subtracted from the purchase price net of selling	38021
costs but not exceeding the amount of depreciation paid to the	38022
facility.	38023

A cost report shall be filed with the department within	38024
ninety days after the date on which the transaction of sale is	38025
closed or participation is voluntarily terminated. The report	38026
shall show the accumulated depreciation, the sales price, and	38027
other information required by the department. The department	38028
shall provide for a bank, trust company, or savings and loan	38029
association to hold in escrow the amount of the last two monthly	38030
payments to a nursing facility made pursuant to division (A)(1) of	38031
section 5111.22 of the Revised Code before a sale or termination	38032
of participation shall be held in escrow by a bank, trust company,	38033
or savings and loan association, except that if or, if the owner	38034
fails, within the time required by this division, to notify the	38035
department before entering into a contract of sale for the	38036
facility, the amount of the first two monthly payments made to the	38037
facility after the department learns of the contract, regardless	38038
of whether a new owner is in possession of the facility. If the	38039
amount the owner will be required to refund under this section is	38040
likely to be less than the amount of the last two monthly payments	38041
otherwise put into escrow under this division, the department	38042
shall take one of the following actions instead of withholding the	38043
amount of the last two monthly payments:	38044

(1) In the case of an owner that owns other facilities that	38045
participate in the medical assistance program, obtain a promissory	38046
note in an amount sufficient to cover the amount likely to be	38047
refunded;	38048

(2) In the case of all other owners, withhold the amount of	38049
the last monthly payment to the nursing facility or, if the owner	38050
fails, within the time required by this division, to notify the	38051
department before entering into a contract of sale for the	38052
facility, the amount of the first monthly payment made to the	38053
facility after the department learns of the contract, regardless	38054
of whether a new owner is in possession of the facility.	38055

The department shall, within ninety days following the filing	38056
of the cost report, audit the cost report and issue an audit	38057
report to the owner. The department also may audit any other cost	38058
report that the facility has filed during the previous three	38059
years. In the audit report, the department shall state its	38060
findings and the amount of any money owed to the department by the	38061
nursing facility. The findings shall be subject to adjudication	38062
conducted in accordance with Chapter 119. of the Revised Code. No	38063
later than fifteen days after the owner agrees to a settlement,	38064
any funds held in escrow less any amounts due to the department	38065
shall be released to the owner and amounts due to the department	38066
shall be paid to the department. If the amounts in escrow are	38067
less than the amounts due to the department, the balance shall be	38068
paid to the department within fifteen days after the owner agrees	38069
to a settlement. If the department does not issue its audit	38070
report within the ninety-day period, the department shall release	38071
any money held in escrow to the owner. For the purposes of this	38072
section, a transfer of corporate stock, the merger of one	38073
corporation into another, or a consolidation does not constitute a	38074
sale.	38075

If a nursing facility is not sold or its participation is not	38076
terminated after notice is provided to the department under this	38077
division, the department shall order any payments held in escrow	38078
released to the facility upon receiving written notice from the	38079
owner that there will be no sale or termination. After written	38080
notice is received from a nursing facility that a sale or	38081
termination will not take place, the facility shall provide notice	38082
to the department at least forty-five days prior to entering into	38083
any contract of sale or terminating participation at any future	38084
time.	38085

(H) The department shall pay each eligible proprietary	38086
nursing facility a return on the facility's net equity computed at	38087
the rate of one and one-half times the average interest rate on	38088
special issues of public debt obligations issued to the federal	38089
hospital insurance trust fund for the cost reporting period,	38090
except that no facility's return on net equity shall exceed one	38091
dollar fifty cents per patient day.	38092

When calculating the rate for return on net equity, the	38093
department shall use the greater of the facility's inpatient days	38094
during the applicable cost reporting period or the number of	38095
inpatient days the facility would have had during that period if	38096
its occupancy rate had been ninety-five per cent.	38097

(I) If a nursing facility would receive a lower rate for	38098
capital costs for assets in the facility's possession on July 1,	38099
1993, under this section than it would receive under former	38100
section 5111.25 of the Revised Code, as the former section existed	38101
immediately prior to December 22, 1992, the facility shall receive	38102
for those assets the rate it would have received under the former	38103
section for each fiscal year beginning on or after July 1, 1993,	38104
until the rate it would receive under this section exceeds the	38105
rate it would have received under the former section. Any	38106
facility that receives a rate calculated under the former section	38107
5111.25 of the Revised Code for assets in the facility's	38108
possession on July 1, 1993, also shall receive a rate calculated	38109
under this section for costs of any assets it constructs or	38110
acquires after July 1, 1993.	38111

Sec. 5111.251.  (A) The department of job and family	38112
services shall pay each eligible intermediate care facility for	38113
the mentally retarded for its reasonable capital costs, a per	38114
resident per day rate established prospectively each fiscal year	38115
for each intermediate care facility for the mentally retarded.	38116
Except as otherwise provided in sections 5111.20 to 5111.32 of the	38117
Revised Code, the rate shall be based on the facility's capital	38118
costs for the calendar year preceding the fiscal year in which the	38119
rate will be paid. The rate shall equal the sum of the following:	38120

(1) The facility's desk-reviewed, actual, allowable, per	38121
diem cost of ownership for the preceding cost reporting period,	38122
limited as provided in divisions (C) and (F) of this section;	38123

(2) Any efficiency incentive determined under division (B)	38124
of this section;	38125

(3) Any amounts for renovations determined under division	38126
(D) of this section;	38127

(4) Any amounts for return on equity determined under	38128
division (I) of this section.	38129

Buildings shall be depreciated using the straight line method	38130
over forty years or over a different period approved by the	38131
department. Components and equipment shall be depreciated using	38132
the straight line method over a period designated by the director	38133
of job and family services in rules adopted in accordance with	38134
Chapter 119. of the Revised Code, consistent with the guidelines	38135
of the American hospital association, or over a different period	38136
approved by the department of job and family services. Any rules	38137
adopted under this division that specify useful lives of	38138
buildings, components, or equipment apply only to assets acquired	38139
on or after July 1, 1993. Depreciation for costs paid or	38140
reimbursed by any government agency shall not be included in costs	38141
of ownership or renovation unless that part of the payment under	38142
sections 5111.20 to 5111.32 of the Revised Code is used to	38143
reimburse the government agency.	38144

(B) The department of job and family services shall pay to	38145
each intermediate care facility for the mentally retarded an	38146
efficiency incentive equal to fifty per cent of the difference	38147
between any desk-reviewed, actual, allowable cost of ownership and	38148
the applicable limit on cost of ownership payments under division	38149
(C) of this section. For purposes of computing the efficiency	38150
incentive, depreciation for costs paid or reimbursed by any	38151
government agency shall be considered as a cost of ownership, and	38152
the applicable limit under division (C) of this section shall	38153
apply both to facilities with more than eight beds and facilities	38154
with eight or fewer beds. The efficiency incentive paid to a	38155
facility with eight or fewer beds shall not exceed three dollars	38156
per patient day, adjusted annually for the inflation rate for the	38157
twelve-month period beginning on the first day of July of the	38158
calendar year preceding the calendar year that precedes the fiscal	38159
year for which the efficiency incentive is determined and ending	38160
on the thirtieth day of the following June, using the consumer	38161
price index for shelter costs for all urban consumers for the	38162
north central region, as published by the United States bureau of	38163
labor statistics.	38164

(C) Cost of ownership payments to intermediate care	38165
facilities for the mentally retarded with more than eight beds	38166
shall not exceed the following limits:	38167

(1) For facilities with dates of licensure prior to January	38168
1, l958, not exceeding two dollars and fifty cents per patient	38169
day;	38170

(2) For facilities with dates of licensure after December	38171
31, l957, but prior to January 1, l968, not exceeding:	38172

(a) Three dollars and fifty cents per patient day if the	38173
cost of construction was three thousand five hundred dollars or	38174
more per bed;	38175

(b) Two dollars and fifty cents per patient day if the cost	38176
of construction was less than three thousand five hundred dollars	38177
per bed.	38178

(3) For facilities with dates of licensure after December	38179
31, l967, but prior to January 1, l976, not exceeding:	38180

(a) Four dollars and fifty cents per patient day if the cost	38181
of construction was five thousand one hundred fifty dollars or	38182
more per bed;	38183

(b) Three dollars and fifty cents per patient day if the	38184
cost of construction was less than five thousand one hundred fifty	38185
dollars per bed, but exceeds three thousand five hundred dollars	38186
per bed;	38187

(c) Two dollars and fifty cents per patient day if the cost	38188
of construction was three thousand five hundred dollars or less	38189
per bed.	38190

(4) For facilities with dates of licensure after December	38191
31, l975, but prior to January 1, l979, not exceeding:	38192

(a) Five dollars and fifty cents per patient day if the cost	38193
of construction was six thousand eight hundred dollars or more per	38194
bed;	38195

(b) Four dollars and fifty cents per patient day if the cost	38196
of construction was less than six thousand eight hundred dollars	38197
per bed but exceeds five thousand one hundred fifty dollars per	38198
bed;	38199

(c) Three dollars and fifty cents per patient day if the	38200
cost of construction was five thousand one hundred fifty dollars	38201
or less per bed, but exceeds three thousand five hundred dollars	38202
per bed;	38203

(d) Two dollars and fifty cents per patient day if the cost	38204
of construction was three thousand five hundred dollars or less	38205
per bed.	38206

(5) For facilities with dates of licensure after December	38207
31, l978, but prior to January 1, l980, not exceeding:	38208

(a) Six dollars per patient day if the cost of construction	38209
was seven thousand six hundred twenty-five dollars or more per	38210
bed;	38211

(b) Five dollars and fifty cents per patient day if the cost	38212
of construction was less than seven thousand six hundred	38213
twenty-five dollars per bed but exceeds six thousand eight hundred	38214
dollars per bed;	38215

(c) Four dollars and fifty cents per patient day if the cost	38216
of construction was six thousand eight hundred dollars or less per	38217
bed but exceeds five thousand one hundred fifty dollars per bed;	38218

(d) Three dollars and fifty cents per patient day if the	38219
cost of construction was five thousand one hundred fifty dollars	38220
or less but exceeds three thousand five hundred dollars per bed;	38221

(e) Two dollars and fifty cents per patient day if the cost	38222
of construction was three thousand five hundred dollars or less	38223
per bed.	38224

(6) For facilities with dates of licensure after December	38225
31, 1979, but prior to January 1, 1981, not exceeding:	38226

(a) Twelve dollars per patient day if the beds were	38227
originally licensed as residential facility beds by the department	38228
of mental retardation and developmental disabilities;	38229

(b) Six dollars per patient day if the beds were originally	38230
licensed as nursing home beds by the department of health.	38231

(7) For facilities with dates of licensure after December	38232
31, 1980, but prior to January 1, 1982, not exceeding:	38233

(a) Twelve dollars per patient day if the beds were	38234
originally licensed as residential facility beds by the department	38235
of mental retardation and developmental disabilities;	38236

(b) Six dollars and forty-five cents per patient day if the	38237
beds were originally licensed as nursing home beds by the	38238
department of health.	38239

(8) For facilities with dates of licensure after December	38240
31, 1981, but prior to January 1, 1983, not exceeding:	38241

(a) Twelve dollars per patient day if the beds were	38242
originally licensed as residential facility beds by the department	38243
of mental retardation and developmental disabilities;	38244

(b) Six dollars and seventy-nine cents per patient day if	38245
the beds were originally licensed as nursing home beds by the	38246
department of health.	38247

(9) For facilities with dates of licensure after December	38248
31, 1982, but prior to January 1, 1984, not exceeding:	38249

(a) Twelve dollars per patient day if the beds were	38250
originally licensed as residential facility beds by the department	38251
of mental retardation and developmental disabilities;	38252

(b) Seven dollars and nine cents per patient day if the beds	38253
were originally licensed as nursing home beds by the department of	38254
health.	38255

(10) For facilities with dates of licensure after December	38256
31, 1983, but prior to January 1, 1985, not exceeding:	38257

(a) Twelve dollars and twenty-four cents per patient day if	38258
the beds were originally licensed as residential facility beds by	38259
the department of mental retardation and developmental	38260
disabilities;	38261

(b) Seven dollars and twenty-three cents per patient day if	38262
the beds were originally licensed as nursing home beds by the	38263
department of health.	38264

(11) For facilities with dates of licensure after December	38265
31, 1984, but prior to January 1, 1986, not exceeding:	38266

(a) Twelve dollars and fifty-three cents per patient day if	38267
the beds were originally licensed as residential facility beds by	38268
the department of mental retardation and developmental	38269
disabilities;	38270

(b) Seven dollars and forty cents per patient day if the	38271
beds were originally licensed as nursing home beds by the	38272
department of health.	38273

(12) For facilities with dates of licensure after December	38274
31, 1985, but prior to January 1, 1987, not exceeding:	38275

(a) Twelve dollars and seventy cents per patient day if the	38276
beds were originally licensed as residential facility beds by the	38277
department of mental retardation and developmental disabilities;	38278

(b) Seven dollars and fifty cents per patient day if the	38279
beds were originally licensed as nursing home beds by the	38280
department of health.	38281

(13) For facilities with dates of licensure after December	38282
31, 1986, but prior to January 1, 1988, not exceeding:	38283

(a) Twelve dollars and ninety-nine cents per patient day if	38284
the beds were originally licensed as residential facility beds by	38285
the department of mental retardation and developmental	38286
disabilities;	38287

(b) Seven dollars and sixty-seven cents per patient day if	38288
the beds were originally licensed as nursing home beds by the	38289
department of health.	38290

(14) For facilities with dates of licensure after December	38291
31, 1987, but prior to January 1, 1989, not exceeding thirteen	38292
dollars and twenty-six cents per patient day;	38293

(15) For facilities with dates of licensure after December	38294
31, 1988, but prior to January 1, 1990, not exceeding thirteen	38295
dollars and forty-six cents per patient day;	38296

(16) For facilities with dates of licensure after December	38297
31, 1989, but prior to January 1, 1991, not exceeding thirteen	38298
dollars and sixty cents per patient day;	38299

(17) For facilities with dates of licensure after December	38300
31, 1990, but prior to January 1, 1992, not exceeding thirteen	38301
dollars and forty-nine cents per patient day;	38302

(18) For facilities with dates of licensure after December	38303
31, 1991, but prior to January 1, 1993, not exceeding thirteen	38304
dollars and sixty-seven cents per patient day;	38305

(19) For facilities with dates of licensure after December	38306
31, 1992, not exceeding fourteen dollars and twenty-eight cents	38307
per patient day.	38308

(D) Beginning January 1, 1981, regardless of the original	38309
date of licensure, the department of job and family services shall	38310
pay a rate for the per diem capitalized costs of renovations to	38311
intermediate care facilities for the mentally retarded made after	38312
January 1, l981, not exceeding six dollars per patient day using	38313
1980 as the base year and adjusting the amount annually until June	38314
30, 1993, for fluctuations in construction costs calculated by the	38315
department using the "Dodge building cost indexes, northeastern	38316
and north central states," published by Marshall and Swift. The	38317
payment provided for in this division is the only payment that	38318
shall be made for the capitalized costs of a nonextensive	38319
renovation of an intermediate care facility for the mentally	38320
retarded. Nonextensive renovation costs shall not be included in	38321
cost of ownership, and a nonextensive renovation shall not affect	38322
the date of licensure for purposes of division (C) of this	38323
section. This division applies to nonextensive renovations	38324
regardless of whether they are made by an owner or a lessee. If	38325
the tenancy of a lessee that has made renovations ends before the	38326
depreciation expense for the renovation costs has been fully	38327
reported, the former lessee shall not report the undepreciated	38328
balance as an expense.	38329

For a nonextensive renovation to qualify for payment under	38330
this division, both of the following conditions must be met:	38331

(1) At least five years have elapsed since the date of	38332
licensure or date of an extensive renovation of the portion of the	38333
facility that is proposed to be renovated, except that this	38334
condition does not apply if the renovation is necessary to meet	38335
the requirements of federal, state, or local statutes, ordinances,	38336
rules, or policies.	38337

(2) The provider has obtained prior approval from the	38338
department of job and family services. The provider shall submit	38339
a plan that describes in detail the changes in capital assets to	38340
be accomplished by means of the renovation and the timetable for	38341
completing the project. The time for completion of the project	38342
shall be no more than eighteen months after the renovation begins.	38343
The director of job and family services shall adopt rules in	38344
accordance with Chapter 119. of the Revised Code that specify	38345
criteria and procedures for prior approval of renovation projects.	38346
No provider shall separate a project with the intent to evade the	38347
characterization of the project as a renovation or as an extensive	38348
renovation. No provider shall increase the scope of a project	38349
after it is approved by the department of job and family services	38350
unless the increase in scope is approved by the department.	38351

(E) The amounts specified in divisions (C) and (D) of this	38352
section shall be adjusted beginning July 1, 1993, for the	38353
estimated inflation for the twelve-month period beginning on the	38354
first day of July of the calendar year preceding the calendar year	38355
that precedes the fiscal year for which rate will be paid and	38356
ending on the thirtieth day of the following June, using the	38357
consumer price index for shelter costs for all urban consumers for	38358
the north central region, as published by the United States bureau	38359
of labor statistics.	38360

(F)(1) For facilities of eight or fewer beds that have dates	38361
of licensure or have been granted project authorization by the	38362
department of mental retardation and developmental disabilities	38363
before July 1, 1993, and for facilities of eight or fewer beds	38364
that have dates of licensure or have been granted project	38365
authorization after that date if the facilities demonstrate that	38366
they made substantial commitments of funds on or before that date,	38367
cost of ownership shall not exceed eighteen dollars and thirty	38368
cents per resident per day. The eighteen-dollar and thirty-cent	38369
amount shall be increased by the change in the "Dodge building	38370
cost indexes, northeastern and north central states," published by	38371
Marshall and Swift, during the period beginning June 30, 1990, and	38372
ending July 1, 1993, and by the change in the consumer price index	38373
for shelter costs for all urban consumers for the north central	38374
region, as published by the United States bureau of labor	38375
statistics, annually thereafter.	38376

(2) For facilities with eight or fewer beds that have dates	38377
of licensure or have been granted project authorization by the	38378
department of mental retardation and developmental disabilities on	38379
or after July 1, 1993, for which substantial commitments of funds	38380
were not made before that date, cost of ownership payments shall	38381
not exceed the applicable amount calculated under division (F)(1)	38382
of this section, if the department of job and family services	38383
gives prior approval for construction of the facility. If the	38384
department does not give prior approval, cost of ownership	38385
payments shall not exceed the amount specified in division (C) of	38386
this section.	38387

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	38388
section, the total payment for cost of ownership, cost of	38389
ownership efficiency incentive, and capitalized costs of	38390
renovations for an intermediate care facility for the mentally	38391
retarded with eight or fewer beds shall not exceed the sum of the	38392
limitations specified in divisions (C) and (D) of this section.	38393

(G) Notwithstanding any provision of this section or section	38394
5111.24 of the Revised Code, the director of job and family	38395
services may adopt rules in accordance with Chapter 119. of the	38396
Revised Code that provide for a calculation of a combined maximum	38397
payment limit for indirect care costs and cost of ownership for	38398
intermediate care facilities for the mentally retarded with eight	38399
or fewer beds.	38400

(H) After June 30, 1980, the owner of an intermediate care	38401
facility for the mentally retarded operating under a provider	38402
agreement shall provide written notice to the department of job	38403
and family services at least forty-five days prior to entering	38404
into any contract of sale for the facility or voluntarily	38405
terminating participation in the medical assistance program. After	38406
the date on which a transaction of sale is closed, the owner shall	38407
refund to the department the amount of excess depreciation paid to	38408
the facility by the department for each year the owner has	38409
operated the facility under a provider agreement and prorated	38410
according to the number of medicaid patient days for which the	38411
facility has received payment. If an intermediate care facility	38412
for the mentally retarded is sold after five or fewer years of	38413
operation under a provider agreement, the refund to the department	38414
shall be equal to the excess depreciation paid to the facility. If	38415
an intermediate care facility for the mentally retarded is sold	38416
after more than five years but less than ten years of operation	38417
under a provider agreement, the refund to the department shall	38418
equal the excess depreciation paid to the facility multiplied by	38419
twenty per cent, multiplied by the number of years less than ten	38420
that a facility was operated under a provider agreement. If an	38421
intermediate care facility for the mentally retarded is sold after	38422
ten or more years of operation under a provider agreement, the	38423
owner shall not refund any excess depreciation to the department.	38424
For the purposes of this division, "depreciation paid to the	38425
facility" means the amount paid to the intermediate care facility	38426
for the mentally retarded for cost of ownership pursuant to this	38427
section less any amount paid for interest costs. For the purposes	38428
of this division, "excess depreciation" is the intermediate care	38429
facility for the mentally retarded's depreciated basis, which is	38430
the owner's cost less accumulated depreciation, subtracted from	38431
the purchase price but not exceeding the amount of depreciation	38432
paid to the facility.	38433

A cost report shall be filed with the department within	38434
ninety days after the date on which the transaction of sale is	38435
closed or participation is voluntarily terminated for an	38436
intermediate care facility for the mentally retarded subject to	38437
this division. The report shall show the accumulated	38438
depreciation, the sales price, and other information required by	38439
the department. The department shall provide for a bank, trust	38440
company, or savings and loan association to hold in escrow the	38441
amount of the last two monthly payments to an intermediate care	38442
facility for the mentally retarded made pursuant to division	38443
(A)(1) of section 5111.22 of the Revised Code before a sale or	38444
voluntary termination of participation shall be held in escrow by	38445
a bank, trust company, or savings and loan association, except	38446
that if or, if the owner fails, within the time required by this	38447
division, to notify the department before entering into a contract	38448
of sale for the facility, the amount of the first two monthly	38449
payments made to the facility after the department learns of the	38450
contract, regardless of whether a new owner is in possession of	38451
the facility. If the amount the owner will be required to refund	38452
under this section is likely to be less than the amount of the	38453
last two monthly payments otherwise put into escrow under this	38454
division, the department shall take one of the following actions	38455
instead of withholding the amount of the last two monthly	38456
payments:	38457

(1) In the case of an owner that owns other facilities that	38458
participate in the medical assistance program, obtain a promissory	38459
note in an amount sufficient to cover the amount likely to be	38460
refunded;	38461

(2) In the case of all other owners, withhold the amount of	38462
the last monthly payment to the intermediate care facility for the	38463
mentally retarded or, if the owner fails, within the time required	38464
by this division, to notify the department before entering into a	38465
contract of sale for the facility, the amount of the first monthly	38466
payment made to the facility after the department learns of the	38467
contract, regardless of whether a new owner is in possession of	38468
the facility.	38469

The department shall, within ninety days following the filing	38470
of the cost report, audit the report and issue an audit report to	38471
the owner. The department also may audit any other cost reports	38472
for the facility that have been filed during the previous three	38473
years. In the audit report, the department shall state its	38474
findings and the amount of any money owed to the department by the	38475
intermediate care facility for the mentally retarded. The	38476
findings shall be subject to an adjudication conducted in	38477
accordance with Chapter 119. of the Revised Code. No later than	38478
fifteen days after the owner agrees to a settlement, any funds	38479
held in escrow less any amounts due to the department shall be	38480
released to the owner and amounts due to the department shall be	38481
paid to the department. If the amounts in escrow are less than	38482
the amounts due to the department, the balance shall be paid to	38483
the department within fifteen days after the owner agrees to a	38484
settlement. If the department does not issue its audit report	38485
within the ninety-day period, the department shall release any	38486
money held in escrow to the owner. For the purposes of this	38487
section, a transfer of corporate stock, the merger of one	38488
corporation into another, or a consolidation does not constitute a	38489
sale.	38490

If an intermediate care facility for the mentally retarded is	38491
not sold or its participation is not terminated after notice is	38492
provided to the department under this division, the department	38493
shall order any payments held in escrow released to the facility	38494
upon receiving written notice from the owner that there will be no	38495
sale or termination of participation. After written notice is	38496
received from an intermediate care facility for the mentally	38497
retarded that a sale or termination of participation will not take	38498
place, the facility shall provide notice to the department at	38499
least forty-five days prior to entering into any contract of sale	38500
or terminating participation at any future time.	38501

(I) The department of job and family services shall pay each	38502
eligible proprietary intermediate care facility for the mentally	38503
retarded a return on the facility's net equity computed at the	38504
rate of one and one-half times the average of interest rates on	38505
special issues of public debt obligations issued to the federal	38506
hospital insurance trust fund for the cost reporting period. No	38507
facility's return on net equity paid under this division shall	38508
exceed one dollar per patient day.	38509

In calculating the rate for return on net equity, the	38510
department shall use the greater of the facility's inpatient days	38511
during the applicable cost reporting period or the number of	38512
inpatient days the facility would have had during that period if	38513
its occupancy rate had been ninety-five per cent.	38514

(J)(1) Except as provided in division (J)(2) of this	38515
section, if a provider leases or transfers an interest in a	38516
facility to another provider who is a related party, the related	38517
party's allowable cost of ownership shall include the lesser of	38518
the following:	38519

(a) The annual lease expense or actual cost of ownership,	38520
whichever is applicable;	38521

(b) The reasonable cost to the lessor or provider making the	38522
transfer.	38523

(2) If a provider leases or transfers an interest in a	38524
facility to another provider who is a related party, regardless of	38525
the date of the lease or transfer, the related party's allowable	38526
cost of ownership shall include the annual lease expense or actual	38527
cost of ownership, whichever is applicable, subject to the	38528
limitations specified in divisions (B) to (I) of this section, if	38529
all of the following conditions are met:	38530

(a) The related party is a relative of owner;

38531

(b) In the case of a lease, if the lessor retains any	38532
ownership interest, it is, except as provided in division	38533
(J)(2)(d)(ii) of this section, in only the real property and any	38534
improvements on the real property;	38535

(c) In the case of a transfer, the provider making the	38536
transfer retains, except as provided in division (J)(2)(d)(iv) of	38537
this section, no ownership interest in the facility;	38538

(d) The department of job and family services determines	38539
that the lease or transfer is an arm's length transaction pursuant	38540
to rules the department shall adopt in accordance with Chapter	38541
119. of the Revised Code no later than December 31, 2000. The	38542
rules shall provide that a lease or transfer is an arm's length	38543
transaction if all of the following, as applicable, apply:	38544

(i) In the case of a lease, once the lease goes into effect,	38545
the lessor has no direct or indirect interest in the lessee or,	38546
except as provided in division (J)(2)(b) of this section, the	38547
facility itself, including interest as an owner, officer,	38548
director, employee, independent contractor, or consultant, but	38549
excluding interest as a lessor.	38550

(ii) In the case of a lease, the lessor does not reacquire	38551
an interest in the facility except through the exercise of a	38552
lessor's rights in the event of a default. If the lessor	38553
reacquires an interest in the facility in this manner, the	38554
department shall treat the facility as if the lease never occurred	38555
when the department calculates its reimbursement rates for capital	38556
costs.	38557

(iii) In the case of a transfer, once the transfer goes into	38558
effect, the provider that made the transfer has no direct or	38559
indirect interest in the provider that acquires the facility or	38560
the facility itself, including interest as an owner, officer,	38561
director, employee, independent contractor, or consultant, but	38562
excluding interest as a creditor.	38563

(iv) In the case of a transfer, the provider that made the	38564
transfer does not reacquire an interest in the facility except	38565
through the exercise of a creditor's rights in the event of a	38566
default. If the provider reacquires an interest in the facility	38567
in this manner, the department shall treat the facility as if the	38568
transfer never occurred when the department calculates its	38569
reimbursement rates for capital costs.	38570

(v) The lease or transfer satisfies any other criteria	38571
specified in the rules.	38572

(e) Except in the case of hardship caused by a catastrophic	38573
event, as determined by the department, or in the case of a lessor	38574
or provider making the transfer who is at least sixty-five years	38575
of age, not less than twenty years have elapsed since, for the	38576
same facility, allowable cost of ownership was determined most	38577
recently under this division.	38578

Sec. 5111.262.  Costs For costs incurred during calendar year	38579
2000 and thereafter, costs reported in nursing facilities' cost	38580
reports for purchased nursing services shall be allowable direct	38581
care costs up to the following amounts:	38582

(A) For costs incurred during calendar year 1992, twenty per	38583
cent of the nursing facility's direct care costs specified in the	38584
cost report for services provided that year by registered nurses,	38585
licensed practical nurses, and nurse aides who are employees of	38586
the facility, plus one-half of the amount by which the reported	38587
costs for purchased nursing services exceed that percentage;	38588

(B) For costs incurred during calendar year 1993, fifteen	38589
per cent of the nursing facility's costs specified in the cost	38590
report for services provided that year by registered nurses,	38591
licensed practical nurses, and nurse aides who are employees of	38592
the facility, plus one-half of the amount by which the reported	38593
costs for purchased nursing services exceed that percentage;	38594

(C) For costs incurred during calendar year 1994 and each	38595
calendar year thereafter, ten twenty per cent of the nursing	38596
facility's costs specified in the cost report for services	38597
provided that year by registered nurses, licensed practical	38598
nurses, and nurse aides who are employees of the facility, plus	38599
one-half of the amount by which the reported costs for purchased	38600
nursing services exceed that percentage.	38601

Sec. 5111.28.  (A) If a provider properly amends its cost	38602
report under section 5111.27 of the Revised Code and the amended	38603
report shows that the provider received a lower rate under the	38604
original cost report than it was entitled to receive, the	38605
department shall adjust the provider's rate prospectively to	38606
reflect the corrected information. The department shall pay the	38607
adjusted rate beginning two months after the first day of the	38608
month after the provider files the amended cost report. If the	38609
department finds, from an exception review of resident assessment	38610
information conducted after the effective date of the rate for	38611
direct care costs that is based on the assessment information,	38612
that inaccurate assessment information resulted in the provider	38613
receiving a lower rate than it was entitled to receive, the	38614
department prospectively shall adjust the provider's rate	38615
accordingly and shall make payments using the adjusted rate for	38616
the remainder of the calendar quarter for which the assessment	38617
information is used to determine the rate, beginning one month	38618
after the first day of the month after the exception review is	38619
completed.	38620

(B) If the provider properly amends its cost report under	38621
section 5111.27 of the Revised Code, the department makes a	38622
finding based on an audit under that section, or the department	38623
makes a finding based on an exception review of resident	38624
assessment information conducted under that section after the	38625
effective date of the rate for direct care costs that is based on	38626
the assessment information, any of which results in a	38627
determination that the provider has received a higher rate than it	38628
was entitled to receive, the department shall recalculate the	38629
provider's rate using the revised information. The department	38630
shall apply the recalculated rate to the periods when the provider	38631
received the incorrect rate to determine the amount of the	38632
overpayment. The provider shall refund the amount of the	38633
overpayment.	38634

In addition to requiring a refund under this division, the	38635
department may charge the provider interest at the applicable rate	38636
specified in this division from the time the overpayment was made.	38637

(1) If the overpayment resulted from costs reported for	38638
calendar year 1993, the interest shall be no greater than one and	38639
one-half times the average bank prime rate.	38640

(2) If the overpayment resulted from costs reported for	38641
subsequent calendar years:	38642

(a) The interest shall be no greater than two times the	38643
average bank prime rate if the overpayment was equal to or less	38644
than one per cent of the total medicaid payments to the provider	38645
for the fiscal year for which the incorrect information was used	38646
to establish a rate.	38647

(b) The interest shall be no greater than two and one-half	38648
times the current average bank prime rate if the overpayment was	38649
greater than one per cent of the total medicaid payments to the	38650
provider for the fiscal year for which the incorrect information	38651
was used to establish a rate.	38652

(3) The department shall determine the average bank prime	38653
rate using statistical release H.15, "selected interest rates," a	38654
weekly publication of the federal reserve board, or any successor	38655
publication. If statistical release H.15, or its successor,	38656
ceases to contain the bank prime rate information or ceases to be	38657
published, the department shall request a written statement of the	38658
average bank prime rate from the federal reserve bank of Cleveland	38659
or the federal reserve board.	38660

(C) The department also may impose the following penalties:

38661

(1) If a provider does not furnish invoices or other	38662
documentation that the department requests during an audit within	38663
sixty days after the request, no more than the greater of one	38664
thousand dollars per audit or twenty-five per cent of the	38665
cumulative amount by which the costs for which documentation was	38666
not furnished increased the total medicaid payments to the	38667
provider during the fiscal year for which the costs were used to	38668
establish a rate;	38669

(2) If an owner fails to provide notice of sale of the	38670
facility or voluntary termination of participation in the medical	38671
assistance program, as required by section 5111.25 or 5111.251 of	38672
the Revised Code, no more than two the current average bank prime	38673
rate plus four per cent of the last two monthly payments.	38674

(D) If the provider continues to participate in the medical	38675
assistance program, the department shall deduct any amount that	38676
the provider is required to refund under this section, and the	38677
amount of any interest charged or penalty imposed under this	38678
section, from the next available payment from the department to	38679
the provider. The department and the provider may enter into an	38680
agreement under which the amount, together with interest, is	38681
deducted in installments from payments from the department to the	38682
provider.	38683

(E) The department shall transmit refunds and penalties to	38684
the treasurer of state for deposit in the general revenue fund.	38685

(F) For the purpose of this section, the department shall	38686
determine the average bank prime rate using statistical release	38687
H.15, "selected interest rates," a weekly publication of the	38688
federal reserve board, or any successor publication. If	38689
statistical release H.15, or its successor, ceases to contain the	38690
bank prime rate information or ceases to be published, the	38691
department shall request a written statement of the average bank	38692
prime rate from the federal reserve bank of Cleveland or the	38693
federal reserve board.	38694

Sec. 5111.29.  (A) The director of job and family services	38695
shall adopt rules in accordance with Chapter 119. of the Revised	38696
Code that establish a process under which a nursing facility or	38697
intermediate care facility for the mentally retarded, or a group	38698
or association of facilities, may seek reconsideration of rates	38699
established under sections 5111.23 to 5111.28 of the Revised Code,	38700
including a rate for direct care costs recalculated before the	38701
effective date of the rate as a result of an exception review of	38702
resident assessment information conducted under section 5111.27 of	38703
the Revised Code.	38704

(1) Except as provided in divisions (A)(2) to (4) of this	38705
section, the only issue that a facility, group, or association may	38706
raise in the rate reconsideration shall be whether the rate was	38707
calculated in accordance with sections 5111.23 to 5111.28 of the	38708
Revised Code and the rules adopted under those sections. The	38709
rules shall permit a facility, group, or association to submit	38710
written arguments or other materials that support its position.	38711
The rules shall specify time frames within which the facility,	38712
group, or association and the department must act. If the	38713
department determines, as a result of the rate reconsideration,	38714
that the rate established for one or more facilities is less than	38715
the rate to which it is entitled, the department shall increase	38716
the rate. If the department has paid the incorrect rate for a	38717
period of time, the department shall pay the facility the	38718
difference between the amount it was paid for that period and the	38719
amount it should have been paid.	38720

(2) The rules shall provide that during a fiscal year, the	38721
department, by means of the rate reconsideration process, may	38722
increase a facility's rate as calculated under sections 5111.23 to	38723
5111.28 of the Revised Code if the facility demonstrates that its	38724
actual, allowable costs have increased because of extreme	38725
circumstances. A facility may qualify for a rate increase only if	38726
its per diem, actual, allowable costs have increased to a level	38727
that exceeds its total rate, including any efficiency incentive	38728
and return on equity payment. The rules shall specify the	38729
circumstances that would justify a rate increase under division	38730
(A)(2) of this section. The In the case of nursing facilities, the	38731
rules shall provide that the extreme circumstances include	38732
increased security costs for an inner-city nursing facility and an	38733
increase in workers' compensation experience rating of greater	38734
than five per cent for a facility that has an appropriate claims	38735
management program but do not include a change of ownership that	38736
results from bankruptcy, foreclosure, or findings of violations of	38737
certification requirements by the department of health. In the	38738
case of intermediate care facilities for the mentally retarded,	38739
the rules shall provide that the extreme circumstances include,	38740
but are not limited to, renovations approved under division (D) of	38741
section 5111.251 of the Revised Code, an increase in workers'	38742
compensation experience rating of greater than five per cent for a	38743
facility that has an appropriate claims management program,	38744
increased security costs for an inner-city facility, and a change	38745
of ownership that results from bankruptcy, foreclosure, or	38746
findings of violations of certification requirements by the	38747
department of health. An increase under division (A)(2) of this	38748
section is subject to any rate limitations or maximum rates	38749
established by sections 5111.23 to 5111.28 of the Revised Code for	38750
specific cost centers. Any rate increase granted under division	38751
(A)(2) of this section shall take effect on the first day of the	38752
first month after the department receives the request.	38753

(3) The rules shall provide that the department, through the	38754
rate reconsideration process, may increase a facility's rate as	38755
calculated under sections 5111.23 to 5111.28 of the Revised Code	38756
if the department, in its sole discretion, determines that the	38757
rate as calculated under those sections works an extreme hardship	38758
on the facility.	38759

(4) The rules shall provide that when beds certified for the	38760
medical assistance program are added to an existing facility,	38761
replaced at the same site, or subject to a change of ownership or	38762
lease, the department, through the rate reconsideration process,	38763
shall increase the facility's rate for capital costs	38764
proportionately, as limited by any applicable limitation under	38765
section 5111.25 or 5111.251 of the Revised Code, to account for	38766
the costs of the beds that are added, replaced, or subject to a	38767
change of ownership or lease. The department shall make this	38768
increase one month after the first day of the month after the	38769
department receives sufficient documentation of the costs. Any	38770
rate increase granted under division (A)(4) of this section after	38771
June 30, 1993, shall remain in effect until the effective date of	38772
a rate calculated under section 5111.25 or 5111.251 of the Revised	38773
Code that includes costs incurred for a full calendar year for the	38774
bed addition, bed replacement, or change of ownership or lease.	38775
The facility shall report double accumulated depreciation in an	38776
amount equal to the depreciation included in the rate adjustment	38777
on its cost report for the first year of operation. During the	38778
term of any loan used to finance a project for which a rate	38779
adjustment is granted under division (A)(4) of this section, if	38780
the facility is operated by the same provider, the facility shall	38781
subtract from the interest costs it reports on its cost report an	38782
amount equal to the difference between the following:	38783

(a) The actual, allowable interest costs for the loan during	38784
the calendar year for which the costs are being reported;	38785

(b) The actual, allowable interest costs attributable to the	38786
loan that were used to calculate the rates paid to the facility	38787
during the same calendar year.	38788

(5) The department's decision at the conclusion of the	38789
reconsideration process shall not be subject to any administrative	38790
proceedings under Chapter 119. or any other provision of the	38791
Revised Code.	38792

(B) Any audit disallowance that the department makes as the	38793
result of an audit under section 5111.27 of the Revised Code, any	38794
adverse finding that results from an exception review of resident	38795
assessment information conducted under that section after the	38796
effective date of the facility's rate that is based on the	38797
assessment information, and any penalty the department imposes	38798
under division (C) of section 5111.28 of the Revised Code shall be	38799
subject to an adjudication conducted in accordance with Chapter	38800
119. of the Revised Code.	38801

Sec. 5111.34.  (A) There is hereby created the nursing	38802
facility reimbursement study council consisting of the following	38803
thirteen members:	38804

(1) The director of job and family services;

38805

(2) The director of health;

38806

(3) The director of aging;

38807

(4) Two members of the house of representatives, appointed	38808
by the speaker of the house of representatives;	38809

(5) Two members of the senate, appointed by the president of	38810
the senate;	38811

(6) Two representatives of each of the following	38812
organizations, appointed by their respective governing bodies:	38813

(a) The Ohio academy of nursing homes;

38814

(b) The association of Ohio philanthropic homes and housing	38815
for the aging;	38816

(c) The Ohio health care association.

38817

Initial appointments of members described in divisions	38818
(A)(4), (5), and (6) of this section shall be made no later than	38819
ninety days after the effective date of this section. Vacancies	38820
in any of those appointments shall be filled in the same manner as	38821
original appointments. The members described in divisions	38822
(A)(4), (5), and (6) of this section shall serve at the pleasure	38823
of the official or governing body appointing the member. The	38824
members described in divisions (A)(1), (2), and (3) of this	38825
section shall serve for as long as they hold the position that	38826
qualifies them for membership on the council. The speaker of the	38827
house of representatives and the president of the senate jointly	38828
shall appoint the chairperson of the council. Members of the	38829
council shall serve without compensation.	38830

(B) The council shall review, on an ongoing basis, the	38831
system established by sections 5111.20 to 5111.32 of the Revised	38832
Code for reimbursing nursing facilities under the medical	38833
assistance program. The council shall recommend any changes it	38834
determines are necessary. The council periodically shall report	38835
its activities, findings, and recommendations to the governor, the	38836
speaker of the house of representatives, and the president of the	38837
senate.	38838

Sec. 5111.63. For the purposes of this section, "facility,"	38839
"medicare," and "medicaid" have the same meanings as in section	38840
3721.10 of the Revised Code.	38841

The department of health shall be the designee of the	38842
department of job and family services for the purpose of	38843
conducting a hearing pursuant to section 3721.162 of the Revised	38844
Code concerning a facility's decision to transfer or discharge a	38845
resident if the resident is a medicaid recipient or medicare	38846
beneficiary.	38847

Sec. 5111.85.  (A) As used in this section, "medicaid	38848
waiver component" means a component of the medicaid program	38849
authorized by a waiver granted by the United States department of	38850
health and human services under section 1115 or 1915 of the	38851
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or	38852
1396n. "Medicaid waiver component" does not include a managed care	38853
system established under section 5111.17 of the Revised Code.	38854

(B) The director of job and family services may adopt	38855
rules under Chapter 119. of the Revised Code governing medicaid	38856
waiver components that establish all of the following:	38857

(1) Eligibility requirements for the medicaid waiver	38858
components;	38859

(2) The type, amount, duration, and scope of services the	38860
medicaid waiver components provide;	38861

(3) The conditions under which the medicaid waiver	38862
components cover services;	38863

(4) The amount the medicaid waiver components pay for	38864
services or the method by which the amount is determined;	38865

(5) The manner in which the medicaid waiver components pay	38866
for services;	38867

(6) Safeguards for the health and welfare of medicaid	38868
recipients receiving services under a medicaid waiver component;	38869

(7) Procedures for enforcing the rules, including	38870
establishing corrective action plans for, and imposing financial	38871
and administrative sanctions on, persons and government entities	38872
that violate the rules. Sanctions shall include terminating	38873
medicaid provider agreements. The procedures shall include due	38874
process protections.	38875

(8) Other policies necessary for the efficient	38876
administration of the medicaid waiver components.	38877

(C) The director of job and family services may adopt	38878
different rules for the different medicaid waiver components. The	38879
rules shall be consistent with the terms of the waiver authorizing	38880
the medicaid waiver component.	38881

(D) The director of job and family services may conduct	38882
reviews of the medicaid waiver components. The reviews may	38883
include physical inspections of records and sites where services	38884
are provided under the medicaid waiver components and interviews	38885
of providers and recipients of the services. If the director	38886
determines pursuant to a review that a person or government entity	38887
has violated a rule governing a medicaid waiver component, the	38888
director may establish a corrective action plan for the violator	38889
and impose fiscal, administrative, or both types of sanctions on	38890
the violator in accordance with rules adopted under division (B)	38891
of this section.	38892

Sec. 5111.86. The department of job and family services may	38893
enter into interagency agreements with one or more other state	38894
agencies to have the state agency administer one or more	38895
components of the medicaid program, or one or more aspects of a	38896
component, under the department's supervision. A state agency	38897
that enters into such an interagency agreement shall comply with	38898
any rules the director of job and family services has adopted	38899
governing the component, or aspect of the component, that the	38900
state agency is to administer, including any rules establishing	38901
review, audit, and corrective action plan requirements.	38902

A state agency that enters into an interagency agreement with	38903
the department under this section shall reimburse the department	38904
for the nonfederal share of the cost to the department of	38905
performing, or contracting for the performance of, a fiscal audit	38906
of the component of the medicaid program, or aspect of the	38907
component, that the state agency administers if rules governing	38908
the component, or aspect of the component, require that a fiscal	38909
audit be conducted.	38910

There is hereby created in the state treasury the medicaid	38911
administrative reimbursement fund. The department shall use money	38912
in the fund to pay for the nonfederal share of the cost of a	38913
fiscal audit for which a state agency is required by this section	38914
to reimburse the department. The department shall deposit the	38915
reimbursements into the fund.	38916

Sec. 5111.87. As used in this section and section 5111.871 of	38917
the Revised Code, "intermediate care facility for the mentally	38918
retarded" has the same meaning as in section 5111.20 of the	38919
Revised Code.	38920

The director of job and family services may apply to the	38921
United States secretary of health and human services for one or	38922
more medicaid waivers under which home and community-based	38923
services are provided to individuals with mental retardation or	38924
other developmental disability as an alternative to placement in	38925
an intermediate care facility for the mentally retarded. Before	38926
the director applies for a waiver under this section, the director	38927
shall seek, accept, and consider public comments.	38928

Sec. 5111.87.        Sec.  .        Sec. 5111.871.  The department of job and family	38929
services shall enter into an interagency agreement with the	38930
department of mental retardation and developmental disabilities	38931
under section 5111.86 of the Revised Code with regard to the	38932
component of the medicaid program established by the department of	38933
job and family services under a waiver one or more waivers from	38934
the United States secretary of health and human services pursuant	38935
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935),	38936
42 U.S.C.A. 1396n, as amended, to provide eligible medical	38937
assistance medicaid recipients with home or and community-based	38938
services as an alternative to placement in an intermediate care	38939
facility for the mentally retarded as defined in section 5111.20	38940
of the Revised Code. The agreement shall provide for the	38941
department of mental retardation and developmental disabilities to	38942
administer the program component in accordance with the terms of	38943
the waiver. The departments directors of job and family services	38944
and mental retardation and developmental disabilities shall adopt	38945
rules in accordance with Chapter 119. of the Revised Code	38946
governing the program component.	38947

If the department of mental retardation and developmental	38948
disabilities or the department of job and family services denies	38949
an individual's application for home and community-based services	38950
provided under this medicaid component, the department that denied	38951
the services shall give timely notice to the individual that the	38952
individual may request a hearing under section 5101.35 of the	38953
Revised Code.	38954

The departments of mental retardation and developmental	38955
disabilities and job and family services may approve, reduce,	38956
deny, or terminate a service included in the individualized	38957
service plan developed for a medicaid recipient eligible for home	38958
and community-based services provided under this medicaid	38959
component. The departments shall consider the recommendations a	38960
county board of mental retardation and developmental disabilities	38961
makes under division (A)(1)(c) of section 5126.055 of the Revised	38962
Code. If either department approves, reduces, denies, or	38963
terminates a service, that department shall give timely notice to	38964
the medicaid recipient that the recipient may request a hearing	38965
under section 5101.35 of the Revised Code.	38966

If supported living or residential services, as defined in	38967
section 5126.01 of the Revised Code, are to be provided under this	38968
component, any person or government entity with a current, valid	38969
medicaid provider agreement and a current, valid license under	38970
section 5123.19 or certificate under section 5123.045 or 5126.431	38971
of the Revised Code, as appropriate, may provide the services.	38972

Sec. 5111.872. When the department of mental retardation and	38973
developmental disabilities allocates enrollment numbers to a	38974
county board of mental retardation and developmental disabilities	38975
for home and community-based services provided under the component	38976
of the medicaid program that the department administers under	38977
section 5111.871 of the Revised Code, the department shall	38978
consider all of the following:	38979

(A) The number of individuals with mental retardation or	38980
other developmental disability who are on a waiting list the	38981
county board establishes under division (C) of section 5126.042 of	38982
the Revised Code for those services and are given priority on the	38983
waiting list pursuant to division (D) of that section;	38984

(B) The implementation component required by division	38985
(A)(3) of section 5126.054 of the Revised Code of the county	38986
board's plan approved under section 5123.046 of the Revised Code;	38987

(C) Anything else the department considers necessary to	38988
enable county boards to provide those services to individuals in	38989
accordance with the priority requirements of division (D) of	38990
section 5126.042 of the Revised Code.	38991

Sec. 5111.873. (A) Not later than the effective date of the	38992
first of any medicaid waivers the United States secretary of	38993
health and human services grants pursuant to a request made under	38994
section 5111.87 of the Revised Code, the director of job and	38995
family services shall adopt rules in accordance with Chapter 119.	38996
of the Revised Code establishing statewide fee schedules for home	38997
and community-based services provided under the component of the	38998
medicaid program that the department of mental retardation and	38999
developmental disabilities administers under section 5111.871 of	39000
the Revised Code. The rules shall provide for all of the	39001
following:	39002

(1) The department of mental retardation and developmental	39003
disabilities arranging for the initial and ongoing collection of	39004
cost information from a comprehensive, statistically valid sample	39005
of persons and government entities providing the services at the	39006
time the information is obtained;	39007

(2) The collection of consumer-specific information through	39008
an assessment instrument the department of mental retardation and	39009
developmental disabilities shall provide to the department of job	39010
and family services;	39011

(3) With the information collected pursuant to divisions	39012
(A)(1) and (2) of this section, an analysis of that information,	39013
and other information the director determines relevant, methods	39014
and standards for calculating the fee schedules that do all of the	39015
following:	39016

(a) Assure that the fees are consistent with	39017
efficiency, economy, and quality of care;	39018

(b) Consider the intensity of consumer resource need;

39019

(c) Recognize variations in different geographic areas	39020
regarding the resources necessary to assure the health and welfare	39021
of consumers;	39022

(d) Recognize variations in environmental supports available	39023
to consumers.	39024

(B) As part of the process of adopting rules under this	39025
section, the director shall consult with the director of mental	39026
retardation and developmental disabilities, representatives of	39027
county boards of mental retardation and developmental	39028
disabilities, persons who provide the home and community-based	39029
services, and other persons and government entities the director	39030
identifies.	39031

(C) The directors of job and family services and mental	39032
retardation and developmental disabilities shall review the rules	39033
adopted under this section at times they determine to ensure that	39034
the methods and standards established by the rules for calculating	39035
the fee schedules continue to do everything that division (A)(3)	39036
of this section requires.	39037

Sec. 5119.01.  The director of mental health is the chief	39038
executive and administrative officer of the department of mental	39039
health. The director may establish procedures for the governance	39040
of the department, conduct of its employees and officers,	39041
performance of its business, and custody, use, and preservation of	39042
departmental records, papers, books, documents, and property.	39043
Whenever the Revised Code imposes a duty upon or requires an	39044
action of the department or any of its institutions, the director	39045
shall perform the action or duty in the name of the department,	39046
except that the medical director appointed pursuant to section	39047
5119.07 of the Revised Code shall be responsible for decisions	39048
relating to medical diagnosis, treatment, rehabilitation, quality	39049
assurance, and the clinical aspects of the following: licensure	39050
of hospitals and residential facilities, research, community	39051
mental health plans, and delivery of mental health services.	39052

The director shall:

39053

(A) Adopt rules for the proper execution of the powers and	39054
duties of the department with respect to the institutions under	39055
its control, and require the performance of additional duties by	39056
the officers of the institutions as necessary to fully meet the	39057
requirements, intents, and purposes of this chapter. In case of	39058
an apparent conflict between the powers conferred upon any	39059
managing officer and those conferred by such sections upon the	39060
department, the presumption shall be conclusive in favor of the	39061
department.	39062

(B) Adopt rules for the nonpartisan management of the	39063
institutions under the department's control. An officer or	39064
employee of the department or any officer or employee of any	39065
institution under its control who, by solicitation or otherwise,	39066
exerts influence directly or indirectly to induce any other	39067
officer or employee of the department or any of its institutions	39068
to adopt the exerting officer's or employee's political views or	39069
to favor any particular person, issue, or candidate for office	39070
shall be removed from the exerting officer's or employee's office	39071
or position, by the department in case of an officer or employee,	39072
and by the governor in case of the director.	39073

(C) Appoint such employees, including the medical director,	39074
as are necessary for the efficient conduct of the department, and	39075
prescribe their titles and duties;	39076

(D) Prescribe the forms of affidavits, applications, medical	39077
certificates, orders of hospitalization and release, and all other	39078
forms, reports, and records that are required in the	39079
hospitalization or admission and release of all persons to the	39080
institutions under the control of the department, or are otherwise	39081
required under this chapter or Chapter 5122. of the Revised Code;	39082

(E) Contract with hospitals licensed by the department under	39083
section 5119.20 of the Revised Code for the care and treatment of	39084
mentally ill patients, or with persons, organizations, or agencies	39085
for the custody, supervision, care, or treatment of mentally ill	39086
persons receiving services elsewhere than within the enclosure of	39087
a hospital operated under section 5119.02 of the Revised Code;	39088

(F) Exercise the powers and perform the duties relating to	39089
community mental health facilities and services that are assigned	39090
to the director under this chapter and Chapter 340. of the Revised	39091
Code;	39092

(G) Adopt rules under Chapter 119. of the Revised Code for	39093
the establishment of minimum standards, including standards for	39094
use of seclusion and restraint, of mental health services that are	39095
not inconsistent with nationally recognized applicable standards	39096
and that facilitate participation in federal assistance programs;	39097

(H) Develop and implement clinical evaluation and monitoring	39098
of services that are operated by the department;	39099

(I)(H) At the director's discretion, adopt rules	39100
establishing standards for the adequacy of services provided by	39101
community mental health facilities, and certify the compliance of	39102
such facilities with the standards for the purpose of authorizing	39103
their participation in the health care plans of health insuring	39104
corporations under Chapter 1751. and sickness and accident	39105
insurance policies issued under Chapter 3923. of the Revised	39106
Code;. The director shall cease to certify such compliance two	39107
years after the effective date of this amendment. The director	39108
shall rescind the rules after the date the director ceases to	39109
certify such compliance.	39110

(J)(I) Adopt rules establishing standards for the	39111
performance of evaluations by a forensic center or other	39112
psychiatric program or facility of the mental condition of	39113
defendants ordered by the court under section 2919.271, or	39114
2945.371 of the Revised Code, and for the treatment of defendants	39115
who have been found incompetent to stand trial and ordered by the	39116
court under section 2945.38, 2945.39, 2945.401, or 2945.402 of the	39117
Revised Code to receive treatment in facilities;	39118

(K)(J) On behalf of the department, have the authority and	39119
responsibility for entering into contracts and other agreements;	39120

(L)(K) Prepare and publish regularly a state mental health	39121
plan that describes the department's philosophy, current	39122
activities, and long-term and short-term goals and activities;	39123

(M)(L) Adopt rules in accordance with Chapter 119. of the	39124
Revised Code specifying the supplemental services that may be	39125
provided through a trust authorized by section 1339.51 of the	39126
Revised Code;	39127

(N)(M) Adopt rules in accordance with Chapter 119. of the	39128
Revised Code establishing standards for the maintenance and	39129
distribution to a beneficiary of assets of a trust authorized by	39130
section 1339.51 of the Revised Code;	39131

(O) As used in division (I) of this section:

39132

(1) "Community mental health facility" means a facility that	39133
provides community mental health services and is included in the	39134
community mental health plan for the alcohol, drug addiction, and	39135
mental health service district in which it is located.	39136

(2) "Community mental health service" means services, other	39137
than inpatient services, provided by a community mental health	39138
facility.	39139

Sec. 5119.06.  (A) The department of mental health shall:

39140

(1) Establish and support a program at the state level to	39141
promote a community support system in accordance with section	39142
340.03 of the Revised Code to be available for every alcohol, drug	39143
addiction, and mental health service district. The department	39144
shall define the essential elements of a community support system,	39145
shall assist in identifying resources and coordinating the	39146
planning, evaluation, and delivery of services to facilitate the	39147
access of mentally ill people to public services at federal,	39148
state, and local levels, and shall operate inpatient and other	39149
mental health services pursuant to the approved community mental	39150
health plan.	39151

(2) Provide training, consultation, and technical assistance	39152
regarding mental health programs and services and appropriate	39153
prevention and mental health promotion activities, including those	39154
that are culturally sensitive, to employees of the department,	39155
community mental health agencies and boards, and other agencies	39156
providing mental health services;	39157

(3) Promote and support a full range of mental health	39158
services that are available and accessible to all residents of	39159
this state, especially for severely mentally disabled children,	39160
adolescents, and adults, and other special target populations,	39161
including racial and ethnic minorities, as determined by the	39162
department.	39163

(4) Design and set criteria for the determination of severe	39164
mental disability;	39165

(5) Establish criteria standards for evaluation of mental	39166
health programs;	39167

(6) Promote, direct, conduct, and coordinate scientific	39168
research, taking ethnic and racial differences into consideration	39169
concerning the causes and prevention of mental illness, methods of	39170
providing effective services and treatment, and means of enhancing	39171
the mental health of all residents of this state;	39172

(7) Foster the establishment and availability of vocational	39173
rehabilitation services and the creation of employment	39174
opportunities for consumers of mental health services, including	39175
members of racial and ethnic minorities;	39176

(8) Establish a program to protect and promote the rights of	39177
persons receiving mental health services, including the issuance	39178
of guidelines on informed consent and other rights;	39179

(9) Establish, in consultation with board of alcohol, drug	39180
addiction, and mental health services representatives and after	39181
consideration of the recommendations of the medical director,	39182
guidelines for the development of community mental health plans	39183
and the review and approval or disapproval of such plans submitted	39184
pursuant to section 340.03 of the Revised Code;	39185

(10) Promote the involvement of persons who are receiving or	39186
have received mental health services, including families and other	39187
persons having a close relationship to a person receiving mental	39188
health services, in the planning, evaluation, delivery, and	39189
operation of mental health services.	39190

(11) Notify and consult with the relevant constituencies	39191
that may be affected by rules, standards, and guidelines issued by	39192
the department of mental health. These constituencies shall	39193
include consumers of mental health services and their families,	39194
and may include public and private providers, employee	39195
organizations, and others when appropriate. Whenever the	39196
department proposes the adoption, amendment, or rescission of	39197
rules under Chapter 119. of the Revised Code, the notification and	39198
consultation required by this division shall occur prior to the	39199
commencement of proceedings under Chapter 119. The department	39200
shall adopt rules under Chapter 119. of the Revised Code that	39201
establish procedures for the notification and consultation	39202
required by this division.	39203

(12) In cooperation with board of alcohol, drug addiction,	39204
and mental health services representatives, provide training	39205
regarding the provision of community-based mental health services	39206
to those department employees who are utilized in state-operated,	39207
community-based mental health services;	39208

(13) Provide oversight and consultation to the department of	39209
rehabilitation and correction for concerning the delivery of	39210
mental health services in state correctional institutions;	39211

(14) Audit mental health programs in state correctional	39212
institutions operated by the department of rehabilitation and	39213
correction for compliance with standards that have been jointly	39214
developed and promulgated by the department of mental health and	39215
the department of rehabilitation and correction. The standards	39216
shall include monitoring mechanisms to provide for quality of	39217
services in these programs.	39218

(B) The department of mental health may negotiate and enter	39219
into agreements with other agencies and institutions, both public	39220
and private, for the joint performance of its duties.	39221

Sec. 5119.22.  (A)(1) As used in this section:

39222

(a) Mental "Community mental health agency" means a community	39223
mental health agency as defined in division (H) of section 5122.01	39224
of the Revised Code, or, until two years after the effective date	39225
of this amendment, a community mental health facility certified by	39226
the department of mental health pursuant to division (I)(H) of	39227
section 5119.01 of the Revised Code.	39228

(b) Mental "Community mental health services" means any of	39229
the services listed in section 340.09 of the Revised Code.	39230

(c) "Personal care services" means services including, but	39231
not limited to, the following:	39232

(i) Assisting residents with activities of daily living;

39233

(ii) Assisting residents with self-administration of	39234
medication in accordance with rules adopted under this section;	39235

(iii) Preparing special diets, other than complex	39236
therapeutic diets, for residents pursuant to the instructions of a	39237
physician or a licensed dietitian, in accordance with rules	39238
adopted under this section.	39239

"Personal care services" does not include "skilled nursing	39240
care" as defined in section 3721.01 of the Revised Code. A	39241
facility need not provide more than one of the services listed in	39242
division (A)(1)(c) of this section to be considered to be	39243
providing personal care services.	39244

(d) "Residential facility" means a publicly or privately	39245
operated home or facility that provides one of the following:	39246

(i) Room and board, personal care services, and community	39247
mental health services to one or more persons with mental illness	39248
or persons with severe mental disabilities who are referred by or	39249
are receiving community mental health services from a community	39250
mental health agency, hospital, or practitioner;	39251

(ii) Room and board and personal care services to one or two	39252
persons with mental illness or persons with severe mental	39253
disabilities who are referred by or are receiving community mental	39254
health services from a community mental health agency, hospital,	39255
or practitioner;	39256

(iii) Room and board to five or more persons with mental	39257
illness or persons with severe mental disabilities who are	39258
referred by or are receiving community mental health services from	39259
a community mental health agency, hospital, or practitioner.	39260

The following are not residential facilities: the residence	39261
of a relative or guardian of a mentally ill individual, a hospital	39262
subject to licensure under section 5119.20 of the Revised Code, a	39263
residential facility as defined in section 5123.19 of the Revised	39264
Code, a facility providing care for a child in the custody of a	39265
public children services agency or a private agency certified	39266
under section 5103.03 of the Revised Code, a foster care facility	39267
subject to section 5103.03 of the Revised Code, an adult care	39268
facility subject to licensure under Chapter 3722. of the Revised	39269
Code, and a nursing home, residential care facility, or home for	39270
the aging subject to licensure under section 3721.02 of the	39271
Revised Code.	39272

(2) Nothing in division (A)(1)(d) of this section shall be	39273
construed to permit personal care services to be imposed on a	39274
resident who is capable of performing the activity in question	39275
without assistance.	39276

(3) Except in the case of a residential facility described	39277
in division (A)(1)(d)(i) of this section, members of the staff of	39278
a residential facility shall not administer medication to	39279
residents, all medication taken by residents of a residential	39280
facility shall be self-administered, and no person shall be	39281
admitted to or retained by a residential facility unless the	39282
person is capable of taking the person's own medication and	39283
biologicals, as determined in writing by the person's personal	39284
physician. Members of the staff of a residential facility may do	39285
any of the following:	39286

(a) Remind a resident when to take medication and watch to	39287
ensure that the resident follows the directions on the container;	39288

(b) Assist a resident in the self-administration of	39289
medication by taking the medication from the locked area where it	39290
is stored, in accordance with rules adopted pursuant to this	39291
section, and handing it to the resident. If the resident is	39292
physically unable to open the container, a staff member may open	39293
the container for the resident.	39294

(c) Assist a physically impaired but mentally alert	39295
resident, such as a resident with arthritis, cerebral palsy, or	39296
Parkinson's disease, in removing oral or topical medication from	39297
containers and in consuming or applying the medication, upon	39298
request by or with the consent of the resident. If a resident is	39299
physically unable to place a dose of medicine to the resident's	39300
mouth without spilling it, a staff member may place the dose in a	39301
container and place the container to the mouth of the resident.	39302

(B) Every person operating or desiring to operate a	39303
residential facility shall apply for licensure of the facility to	39304
the department of mental health and shall send a copy of the	39305
application to the board of alcohol, drug addiction, and mental	39306
health services whose service district includes the county in	39307
which the person operates or desires to operate a residential	39308
facility. The board shall review such applications and recommend	39309
approval or disapproval to the department. Each recommendation	39310
shall be consistent with the board's community mental health plan.	39311

(C) The department of mental health shall inspect and	39312
license the operation of residential facilities. The department	39313
shall consider the past record of the facility and the applicant	39314
or licensee in arriving at its licensure decision. The department	39315
may issue full, probationary, and interim licenses. A full	39316
license shall expire two years after the date of issuance, a	39317
probationary license shall expire in a shorter period of time as	39318
prescribed by rule adopted by the director of mental health	39319
pursuant to Chapter 119. of the Revised Code, and an interim	39320
license shall expire ninety days after the date of issuance. The	39321
department may refuse to issue or renew and may revoke a license	39322
if it finds the facility is not in compliance with rules adopted	39323
by the department pursuant to division (G) of this section or if	39324
any facility operated by the applicant or licensee has had	39325
repeated violations of statutes or rules during the period of	39326
previous licenses. Proceedings initiated to deny applications for	39327
full or probationary licenses or to revoke such licenses are	39328
governed by Chapter 119. of the Revised Code.	39329

(D) The department may issue an interim license to operate a	39330
residential facility if both of the following conditions are met:	39331

(1) The department determines that the closing of or the	39332
need to remove residents from another residential facility has	39333
created an emergency situation requiring immediate removal of	39334
residents and an insufficient number of licensed beds are	39335
available.	39336

(2) The residential facility applying for an interim license	39337
meets standards established for interim licenses in rules adopted	39338
by the director under Chapter 119. of the Revised Code.	39339

An interim license shall be valid for ninety days and may be	39340
renewed by the director no more than twice. Proceedings initiated	39341
to deny applications for or to revoke interim licenses under this	39342
division are not subject to Chapter 119. of the Revised Code.	39343

(E) The department of mental health may conduct an	39344
inspection of a residential facility:	39345

(1) Prior to the issuance of a license to a prospective	39346
operator;	39347

(2) Prior to the renewal of any operator's license;

39348

(3) To determine whether a facility has completed a plan of	39349
correction required pursuant to this division and corrected	39350
deficiencies to the satisfaction of the department and in	39351
compliance with this section and rules adopted pursuant to it;	39352

(4) Upon complaint by any individual or agency;

39353

(5) At any time the director considers an inspection to be	39354
necessary in order to determine whether a residential facility is	39355
in compliance with this section and rules adopted pursuant to this	39356
section.	39357

In conducting inspections the department may conduct an	39358
on-site examination and evaluation of the residential facility,	39359
its personnel, activities, and services. The department shall	39360
have access to examine all records, accounts, and any other	39361
documents relating to the operation of the residential facility,	39362
and shall have access to the facility in order to conduct	39363
interviews with the operator, staff, and residents. Following	39364
each inspection and review, the department shall complete a report	39365
listing any deficiencies, and including, when appropriate, a time	39366
table within which the operator shall correct the deficiencies.	39367
The department may require the operator to submit a plan of	39368
correction describing how the deficiencies will be corrected.	39369

(F) No person shall do any of the following:

39370

(1) Operate a residential facility unless the facility holds	39371
a valid license;	39372

(2) Violate any of the conditions of licensure after having	39373
been granted a license;	39374

(3) Interfere with a state or local official's inspection or	39375
investigation of a residential facility;	39376

(4) Violate any of the provisions of this section or any	39377
rules adopted pursuant to this section.	39378

(G) The director shall adopt and may amend and rescind rules	39379
pursuant to Chapter 119. of the Revised Code, prescribing minimum	39380
standards for the health, safety, adequacy, and cultural	39381
specificity and sensitivity of treatment of and services for	39382
persons in residential facilities; establishing procedures for the	39383
issuance, renewal or revocation of the licenses of such	39384
facilities; establishing the maximum number of residents of a	39385
facility; establishing the rights of residents and procedures to	39386
protect such rights; and requiring an affiliation agreement	39387
approved by the board between a residential facility and a mental	39388
health agency. Such affiliation agreement must be consistent with	39389
the residential portion of the community mental health plan	39390
submitted pursuant to section 340.03 of the Revised Code.	39391

(H) The department may investigate any facility that has	39392
been reported to the department or that the department has	39393
reasonable cause to believe is operating as a residential facility	39394
without a valid license.	39395

(I) The department may withhold the source of any complaint	39396
reported as a violation of this act when the department determines	39397
that disclosure could be detrimental to the department's purposes	39398
or could jeopardize the investigation. The department may	39399
disclose the source of any complaint if the complainant agrees in	39400
writing to such disclosure and shall disclose the source upon	39401
order by a court of competent jurisdiction.	39402

(J) The director of mental health may petition the court of	39403
common pleas of the county in which a residential facility is	39404
located for an order enjoining any person from operating a	39405
residential facility without a license or from operating a	39406
licensed facility when, in the director's judgment, there is a	39407
real and present danger to the health or safety of any of the	39408
occupants of the facility. The court shall have jurisdiction to	39409
grant such injunctive relief upon a showing that the respondent	39410
named in the petition is operating a facility without a license or	39411
there is a real and present danger to the health or safety of any	39412
residents of the facility.	39413

(K) Whoever violates division (F) of this section or any	39414
rule adopted under this section is liable for a civil penalty of	39415
one hundred dollars for the first offense; for each subsequent	39416
offense, such violator is liable for a civil penalty of five	39417
hundred dollars. If the violator does not pay, the attorney	39418
general, upon the request of the director of mental health, shall	39419
bring a civil action to collect the penalty. Fines collected	39420
pursuant to this section shall be deposited into the state	39421
treasury to the credit of the mental health sale of goods and	39422
services fund.	39423

Sec. 5119.61.  Any provision in this chapter that refers to a	39424
board of alcohol, drug addiction, and mental health services also	39425
refers to the community mental health board in an alcohol, drug	39426
addiction, and mental health service district that has a community	39427
mental health board.	39428

The director of mental health with respect to all facilities	39429
and programs established and operated under Chapter 340. of the	39430
Revised Code for mentally ill and emotionally disturbed persons,	39431
shall do all of the following:	39432

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	39433
that may be necessary to carry out the purposes of Chapter 340.	39434
and sections 5119.61 to 5119.63 of the Revised Code.	39435

(1) The rules shall include all of the following:

39436

(a) Rules governing a community mental health agency's	39437
services under section 340.091 of the Revised Code to an	39438
individual referred to the agency under division (C)(2) of section	39439
173.35 of the Revised Code;	39440

(b) For the purpose of division (A)(14)(16) of section	39441
340.03 of the Revised Code, rules governing the duties of mental	39442
health agencies and boards of alcohol, drug addiction, and mental	39443
health services under section 3722.18 of the Revised Code	39444
regarding referrals of individuals with mental illness or severe	39445
mental disability to adult care facilities and effective	39446
arrangements for ongoing mental health services for the	39447
individuals. The rules shall do at least the following:	39448

(i) Provide for agencies and boards to participate fully in	39449
the procedures owners and managers of adult care facilities must	39450
follow under division (A)(2) of section 3722.18 of the Revised	39451
Code;	39452

(ii) Specify the manner in which boards are accountable for	39453
ensuring that ongoing mental health services are effectively	39454
arranged for individuals with mental illness or severe mental	39455
disability who are referred by the board or mental health agency	39456
under contract with the board to an adult care facility.	39457

(c) Rules governing a board of alcohol, drug addiction, and	39458
mental health services when making a report to the director of	39459
health under section 3722.17 of the Revised Code regarding the	39460
quality of care and services provided by an adult care facility to	39461
a person with mental illness or a severe mental disability.	39462

(2) Rules may be adopted to govern the method of paying a	39463
community mental health facility described in division (B) of	39464
section 5111.022 of the Revised Code for providing services	39465
established by division (A) of that section. Such rules must be	39466
consistent with the contract entered into between the departments	39467
of human job and family services and mental health under division	39468
(E) of that section and include requirements ensuring appropriate	39469
service utilization.	39470

(B) Adopt rules requiring each public or private agency	39471
providing mental health services or facilities under a contract	39472
with a board of alcohol, drug addiction, and mental health	39473
services and any program operated by such a board to have a	39474
written policy that addresses the rights of clients including all	39475
of the following:	39476

(1) The right to a copy of the agency's policy of client	39477
rights;	39478

(2) The right at all times to be treated with consideration	39479
and respect for the client's privacy and dignity;	39480

(3) The right to have access to the client's own	39481
psychiatric, medical, or other treatment records unless access is	39482
specifically restricted in the client's treatment plan for clear	39483
treatment reasons;	39484

(4) The right to have a client rights officer provided by	39485
the board or agency advise the client of the client's rights,	39486
including the client's rights under Chapter 5122. of the Revised	39487
Code if the client is committed to the board or agency.	39488

(C) Require each board of alcohol, drug addiction, and	39489
mental health services to ensure that each contract agency	39490
establishes grievance procedures available to all recipients of	39491
services or applicants for services;	39492

(D) Define minimum standards for qualifications of	39493
personnel, professional services, and mental health professionals	39494
as defined in section 340.02 of the Revised Code;	39495

(E) Review and evaluate, and, taking into account the	39496
findings and recommendations of the board of alcohol, drug	39497
addiction, and mental health services of the district served by	39498
the program and the requirements and priorities of the state	39499
mental health plan, including the needs of residents of the	39500
district now residing in state mental institutions, approve and	39501
allocate funds to support community programs, and make	39502
recommendations for needed improvements to boards of alcohol, drug	39503
addiction, and mental health services;	39504

(F)(C) Withhold state and federal funds for any program, in	39505
whole or in part, from a board of alcohol, drug addiction, and	39506
mental health services in the event of failure of that program to	39507
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	39508
or 5119.62 of the Revised Code or rules of the department of	39509
mental health. The director shall identify the areas of	39510
noncompliance and the action necessary to achieve compliance. The	39511
director shall offer technical assistance to the board to achieve	39512
compliance. The director shall give the board a reasonable time	39513
within which to comply or to present its position that it is in	39514
compliance. Before withholding funds, a hearing shall be conducted	39515
to determine if there are continuing violations and that either	39516
assistance is rejected or the board is unable to achieve	39517
compliance. Subsequent to the hearing process, if it is	39518
determined that compliance has not been achieved, the director may	39519
allocate all or part of the withheld funds to a public or private	39520
agency to provide the services not in compliance until the time	39521
that there is compliance. The director shall establish rules	39522
pursuant to Chapter 119. of the Revised Code to implement this	39523
division.	39524

(G)(D) Withhold state or federal funds from a board of	39525
alcohol, drug addiction, and mental health services that denies	39526
available service on the basis of religion, race, color, creed,	39527
sex, national origin, age, disability as defined in section	39528
4112.01 of the Revised Code, developmental disability, or the	39529
inability to pay;	39530

(H)(E) Provide consultative services to community mental	39531
health programs agencies with the knowledge and cooperation of the	39532
board of alcohol, drug addiction, and mental health services;	39533

(I)(F) Provide to boards of alcohol, drug addiction, and	39534
mental health services state or federal funds, in addition to	39535
those allocated under section 5119.62 of the Revised Code, for	39536
special programs or projects the director considers necessary but	39537
for which local funds are not available;	39538

(J)(G) Establish criteria by which a board of alcohol, drug	39539
addiction, and mental health services reviews and evaluates the	39540
quality, effectiveness, and efficiency of services provided	39541
through its community mental health plan. The criteria shall	39542
include requirements ensuring appropriate service utilization. The	39543
department shall assess a board's evaluation of services and the	39544
compliance of each board with this section, Chapter 340. or	39545
section 5119.62 of the Revised Code, and other state or federal	39546
law and regulations. The department, in cooperation with the	39547
board, periodically shall review and evaluate the quality,	39548
effectiveness, and efficiency of services provided through each	39549
board. The department shall collect information that is necessary	39550
to perform these functions.	39551

(K)(H) Develop and operate a community mental health	39552
information system.	39553

Boards of alcohol, drug abuse, and mental health services	39554
shall submit information requested by the department in the form	39555
and manner prescribed by the department. Information collected by	39556
the department shall include, but not be limited to, all of the	39557
following:	39558

(1) Information regarding units of services provided in	39559
whole or in part under contract with a board, including diagnosis	39560
and special needs, demographic information, the number of units of	39561
service provided, past treatment, financial status, and service	39562
dates in accordance with rules adopted by the department in	39563
accordance with Chapter 119. of the Revised Code;	39564

(2) Financial information other than price or price-related	39565
data regarding expenditures of boards and community mental health	39566
agencies, including units of service provided, budgeted and actual	39567
expenses by type, and sources of funds.	39568

Boards shall submit the information specified in division	39569
(K)(H)(1) of this section no less frequently than annually for	39570
each client, and each time the client's case is opened or closed.	39571
The department shall not collect any information for the purpose	39572
of identifying by name any person who receives a service through a	39573
board of alcohol, drug addiction, and mental health services,	39574
except as required by state or federal law to validate appropriate	39575
reimbursement. For the purposes of division (K)(H)(1) of this	39576
section, the department shall use an identification system that is	39577
consistent with applicable nationally recognized standards.	39578

(L)(I) Review each board's community mental health plan	39579
submitted pursuant to section 340.03 of the Revised Code and	39580
approve or disapprove it in whole or in part. Periodically, in	39581
consultation with representatives of boards and after considering	39582
the recommendations of the medical director, the director shall	39583
issue criteria for determining when a plan is complete, criteria	39584
for plan approval or disapproval, and provisions for conditional	39585
approval. The factors that the director considers may include,	39586
but are not limited to, the following:	39587

(1) The mental health needs of all persons residing within	39588
the board's service district, especially severely mentally	39589
disabled children, adolescents, and adults;	39590

(2) The demonstrated quality, effectiveness, efficiency, and	39591
cultural relevance of the services provided in each service	39592
district, the extent to which any services are duplicative of	39593
other available services, and whether the services meet the needs	39594
identified above;	39595

(3) The adequacy of the board's accounting for the	39596
expenditure of funds.	39597

If the director disapproves all or part of any plan, the	39598
director shall provide the board an opportunity to present its	39599
position. The director shall inform the board of the reasons for	39600
the disapproval and of the criteria that must be met before the	39601
plan may be approved. The director shall give the board a	39602
reasonable time within which to meet the criteria, and shall offer	39603
technical assistance to the board to help it meet the criteria.	39604

If the approval of a plan remains in dispute thirty days	39605
prior to the conclusion of the fiscal year in which the board's	39606
current plan is scheduled to expire, the board or the director may	39607
request that the dispute be submitted to a mutually agreed upon	39608
third-party mediator with the cost to be shared by the board and	39609
the department. The mediator shall issue to the board and the	39610
department recommendations for resolution of the dispute. Prior to	39611
the conclusion of the fiscal year in which the current plan is	39612
scheduled to expire, the director, taking into consideration the	39613
recommendations of the mediator, shall make a final determination	39614
and approve or disapprove the plan, in whole or in part.	39615

(M) Visit and evaluate any community mental health program,	39616
agency, or facility, in cooperation with a board of alcohol, drug	39617
addiction, and mental health services, to determine if the	39618
services meet minimum standards pursuant to division (G) of	39619
section 5119.01 of the Revised Code. If the director determines	39620
that the services meet minimum standards, the director shall so	39621
certify.	39622

If the director determines that the services of any program,	39623
agency, or facility that has a contract with a board do not meet	39624
minimum standards, the director shall identify the areas of	39625
noncompliance, specify what action is necessary to meet the	39626
standards, and offer technical assistance to the board so that it	39627
may assist the program, agency, or facility to meet minimum	39628
standards. The director shall give the board a reasonable time	39629
within which to demonstrate that the services meet minimum	39630
standards or to bring the program or facility into compliance with	39631
the standards. If the director concludes that the services	39632
continue to fail to meet minimum standards, the director may	39633
request that the board reallocate the funds for those services to	39634
another program, agency, or facility which meets minimum	39635
standards. If the board does not reallocate those funds in a	39636
reasonable period of time, the director may withhold state and	39637
federal funds for the services and allocate those funds directly	39638
to a public or private agency that meets minimum standards.	39639

Each program, agency, and facility shall pay a fee for the	39640
certification review required by this division. Fees shall be	39641
paid into the sale of goods and services fund created pursuant to	39642
section 5119.161 of the Revised Code.	39643

The director shall adopt rules under Chapter 119. of the	39644
Revised Code to implement this division. The rules shall do all	39645
of the following:	39646

(1) Establish the process for certification of services of	39647
programs, agencies, or facilities;	39648

(2) Set the amount of certification review fees based on a	39649
portion of the cost of performing the review;	39650

(3) Specify the type of notice and hearing to be provided	39651
prior to a decision whether to reallocate funds.	39652

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	39653
mental health services may not contract with a community mental	39654
health agency under division (A)(8)(a) of section 340.03 of the	39655
Revised Code to provide community mental health services included	39656
in the board's community mental health plan unless the services	39657
are certified by the director of mental health under this section.	39658

A community mental health agency that seeks the director's	39659
certification of its community mental health services shall submit	39660
an application to the director. On receipt of the application,	39661
the director may visit and shall evaluate the agency to determine	39662
whether its services satisfy the standards established by rules	39663
adopted under division (C) of this section. The director shall	39664
make the evaluation, and, if the director visits the agency, shall	39665
make the visit, in cooperation with the board of alcohol, drug	39666
addiction, and mental health services with which the agency seeks	39667
to contract.	39668

If the director determines that a community mental health	39669
agency's services satisfy the standards, the director shall	39670
certify the services.	39671

If the director determines that a community mental health	39672
agency's services do not satisfy the standards, the director shall	39673
identify the areas of noncompliance, specify what action is	39674
necessary to satisfy the standards, and offer technical assistance	39675
to the board of alcohol, drug addiction, and mental health	39676
services so that the board may assist the agency in satisfying the	39677
standards. The director shall give the agency a reasonable time	39678
within which to demonstrate that its services satisfy the	39679
standards or to bring the services into compliance with the	39680
standards. If the director concludes that the services continue	39681
to fail to satisfy the standards, the director may request that	39682
the board reallocate the funds for the community mental health	39683
services the agency was to provide to another community mental	39684
health agency whose community mental health services satisfy the	39685
standards. If the board does not reallocate those funds in a	39686
reasonable period of time, the director may withhold state and	39687
federal funds for the community mental health services and	39688
allocate those funds directly to a community mental health agency	39689
whose community mental health services satisfy the standards.	39690

(B) Each community mental health agency seeking	39691
certification of its community mental health services under this	39692
section shall pay a fee for the certification review required by	39693
this section. Fees shall be paid into the sale of goods and	39694
services fund created pursuant to section 5119.161 of the Revised	39695
Code.	39696

(C) The director shall adopt rules in accordance with	39697
Chapter 119. of the Revised Code to implement this section. The	39698
rules shall do all of the following:	39699

(1) Establish certification standards for community mental	39700
health services that are consistent with nationally recognized	39701
applicable standards and facilitate participation in federal	39702
assistance programs. The rules shall include as certification	39703
standards only requirements that improve the quality of services	39704
or the health and safety of clients of community mental health	39705
services. The standards shall address at a minimum all of the	39706
following:	39707

(a) Reporting major unusual incidents to the director;

39708

(b) Procedures for applicants for and clients of community	39709
mental health services to file grievances and complaints;	39710

(c) Seclusion;

39711

(d) Restraint;

39712

(e) Development of written policies addressing the rights	39713
of clients, including all of the following:	39714

(i) The right to a copy of the written policies addressing	39715
client rights;	39716

(ii) The right at all times to be treated with	39717
consideration and respect for the client's privacy and dignity;	39718

(iii) The right to have access to the client's own	39719
psychiatric, medical, or other treatment records unless access is	39720
specifically restricted in the client's treatment plan for clear	39721
treatment reasons;	39722

(iv) The right to have a client rights officer provided by	39723
the agency or board of alcohol, drug addiction, and mental health	39724
services advise the client of the client's rights, including the	39725
client's rights under Chapter 5122. of the Revised Code if the	39726
client is committed to the agency or board.	39727

(2) Establish standards for qualifications of mental health	39728
professionals as defined in section 340.02 of the Revised Code and	39729
personnel who provide the community mental health services;	39730

(3) Establish the process for certification of community	39731
mental health services;	39732

(4) Set the amount of certification review fees based on a	39733
portion of the cost of performing the review;	39734

(5) Specify the type of notice and hearing to be provided	39735
prior to a decision on whether to reallocate funds.	39736

Sec. 5119.612. The director of mental health shall require	39737
that each board of alcohol, drug addiction, and mental health	39738
services ensure that each community mental health agency with	39739
which it contracts under division (A)(8)(a) of section 340.03 of	39740
the Revised Code to provide community mental health services	39741
establish grievance procedures consistent with rules adopted under	39742
section 5119.611 of the Revised Code that are available to all	39743
applicants for and clients of the community mental health	39744
services.	39745

Sec. 5120.10.  (A)(1) The director of rehabilitation and	39746
correction, by rule, shall promulgate minimum standards for jails	39747
in Ohio, including minimum security jails dedicated under section	39748
341.34 or 753.21 of the Revised Code. Whenever the director files	39749
a rule or an amendment to a rule in final form with both the	39750
secretary of state and the director of the legislative service	39751
commission pursuant to section 111.15 of the Revised Code, the	39752
director of rehabilitation and correction promptly shall send a	39753
copy of the rule or amendment, if the rule or amendment pertains	39754
to minimum jail standards, by ordinary mail to the political	39755
subdivisions or affiliations of political subdivisions that	39756
operate jails to which the standards apply.	39757

(2) The rules promulgated in accordance with division (A)(1)	39758
of this section shall serve as criteria for the investigative and	39759
supervisory powers and duties vested by division (D) of this	39760
section in the division of parole and community services of the	39761
department of rehabilitation and correction or in another division	39762
of the department to which those powers and duties are assigned.	39763

(B) The director may initiate an action in the court of	39764
common pleas of the county in which a facility that is subject to	39765
the rules promulgated under division (A)(1) of this section is	39766
situated to enjoin compliance with the minimum standards for jails	39767
or with the minimum standards and minimum renovation,	39768
modification, and construction criteria for minimum security	39769
jails.	39770

(C) Upon the request of an administrator of a jail facility,	39771
the chief executive of a municipal corporation, or a board of	39772
county commissioners, the director of rehabilitation and	39773
correction or the director's designee shall grant a variance from	39774
the minimum standards for jails in Ohio for a facility that is	39775
subject to one of those minimum standards when the director	39776
determines that strict compliance with the minimum standards would	39777
cause unusual, practical difficulties or financial hardship, that	39778
existing or alternative practices meet the intent of the minimum	39779
standards, and that granting a variance would not seriously affect	39780
the security of the facility, the supervision of the inmates, or	39781
the safe, healthful operation of the facility. If the director or	39782
the director's designee denies a variance, the applicant may	39783
appeal the denial pursuant to section 119.12 of the Revised Code.	39784

(D) The following powers and duties shall be exercised by	39785
the division of parole and community services unless assigned to	39786
another division by the director:	39787

(1) The investigation and supervision of county and	39788
municipal jails, workhouses, minimum security jails, and other	39789
correctional institutions and agencies;	39790

(2) The review and approval of plans submitted to the	39791
department of rehabilitation and correction pursuant to division	39792
(E) of this section;	39793

(3) The management and supervision of the adult parole	39794
authority created by section 5149.02 of the Revised Code;	39795

(3)(4) The review and approval of proposals for	39796
community-based correctional facilities and programs and district	39797
community-based correctional facilities and programs that are	39798
submitted pursuant to division (B) of section 2301.51 of the	39799
Revised Code;	39800

(4)(5) The distribution of funds made available to the	39801
division for purposes of assisting in the renovation, maintenance,	39802
and operation of community-based correctional facilities and	39803
programs and district community-based correctional facilities and	39804
programs in accordance with section 5120.112 of the Revised Code;	39805

(5)(6) The performance of the duty imposed upon the	39806
department of rehabilitation and correction in section 5149.31 of	39807
the Revised Code to establish and administer a program of	39808
subsidies to eligible municipal corporations, counties, and groups	39809
of contiguous counties for the development, implementation, and	39810
operation of community-based corrections programs;	39811

(6)(7) Licensing halfway houses and community residential	39812
centers for the care and treatment of adult offenders in	39813
accordance with section 2967.14 of the Revised Code;	39814

(7)(8) Contracting with a public or private agency or a	39815
department or political subdivision of the state that operates a	39816
licensed halfway house or community residential center for the	39817
provision of housing, supervision, and other services to parolees	39818
and probationers in accordance with section 2967.14 of the Revised	39819
Code.	39820

Other powers and duties may be assigned by the director of	39821
rehabilitation and correction to the division of parole and	39822
community services. This section does not apply to the department	39823
of youth services or its institutions or employees.	39824

(E) No plan for any new jail, workhouse, or lockup, or plan	39825
for a substantial addition or alteration to an existing jail,	39826
workhouse, or lockup, shall be adopted unless the officials	39827
responsible for adopting the plan have submitted it to the	39828
department of rehabilitation and correction for approval and the	39829
department has approved the plan as provided in division (D)(2) of	39830
this section.	39831

Sec. 5122.31.  All certificates, applications, records, and	39832
reports made for the purpose of this chapter and sections 2945.38,	39833
2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code,	39834
other than court journal entries or court docket entries, and	39835
directly or indirectly identifying a patient or former patient or	39836
person whose hospitalization has been sought under this chapter,	39837
shall be kept confidential and shall not be disclosed by any	39838
person except:	39839

(A) If the person identified, or the person's legal	39840
guardian, if any, or if the person is a minor, the person's parent	39841
or legal guardian, consents, and if the disclosure is in the best	39842
interests of the person, as may be determined by the court for	39843
judicial records and by the chief clinical officer for medical	39844
records;	39845

(B) When disclosure is provided for in this chapter or	39846
section 5123.60 of the Revised Code;	39847

(C) That hospitals, boards of alcohol, drug addiction, and	39848
mental health services, and community mental health agencies may	39849
release necessary medical information to insurers and other	39850
third-party payers, including government entities responsible for	39851
processing and authorizing payment, to obtain payment for goods	39852
and services furnished to the patient;	39853

(D) Pursuant to a court order signed by a judge;

39854

(E) That a patient shall be granted access to the patient's	39855
own psychiatric and medical records, unless access specifically is	39856
restricted in a patient's treatment plan for clear treatment	39857
reasons;	39858

(F) That hospitals and other institutions and facilities	39859
within the department of mental health may exchange psychiatric	39860
records and other pertinent information with other hospitals,	39861
institutions, and facilities of the department, and with community	39862
mental health agencies and boards of alcohol, drug addiction, and	39863
mental health services with which the department has a current	39864
agreement for patient care or services. Records and information	39865
that may be released pursuant to this division shall be limited to	39866
medication history, physical health status and history, financial	39867
status, summary of course of treatment in the hospital, summary of	39868
treatment needs, and a discharge summary, if any.	39869

(G) That a patient's family member who is involved in the	39870
provision, planning, and monitoring of services to the patient may	39871
receive medication information, a summary of the patient's	39872
diagnosis and prognosis, and a list of the services and personnel	39873
available to assist the patient and the patient's family, if the	39874
patient's treating physician determines that the disclosure would	39875
be in the best interests of the patient. No such disclosure shall	39876
be made unless the patient is notified first and receives the	39877
information and does not object to the disclosure.	39878

(H) That community mental health agencies may exchange	39879
psychiatric records and certain other information with the board	39880
of alcohol, drug addiction, and mental health services and other	39881
agencies in order to provide services to a person involuntarily	39882
committed to a board. Release of records under this division	39883
shall be limited to medication history, physical health status and	39884
history, financial status, summary of course of treatment, summary	39885
of treatment needs, and discharge summary, if any.	39886

(I) That information may be disclosed to the executor or the	39887
administrator of an estate of a deceased patient when the	39888
information is necessary to administer the estate;	39889

(J) That records in the possession of the Ohio historical	39890
society may be released to the closest living relative of a	39891
deceased patient upon request of that relative;	39892

(K) That information may be disclosed to staff members of	39893
the appropriate board or to staff members designated by the	39894
director of mental health for the purpose of evaluating the	39895
quality, effectiveness, and efficiency of services and determining	39896
if the services meet minimum standards. Information obtained	39897
during such evaluations shall not be retained with the name of any	39898
patient.	39899

(L) That records pertaining to the patient's diagnosis,	39900
course of treatment, treatment needs, and prognosis shall be	39901
disclosed and released to the appropriate prosecuting attorney if	39902
the patient was committed pursuant to section 2945.38, 2945.39,	39903
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	39904
attorney designated by the board for proceedings pursuant to	39905
involuntary commitment under this chapter.	39906

(M) That the department of mental health may exchange	39907
psychiatric hospitalization records, other mental health treatment	39908
records, and other pertinent information with the department of	39909
rehabilitation and correction to ensure continuity of care for	39910
inmates who are receiving mental health services in an institution	39911
of the department of rehabilitation and correction. The	39912
department shall not disclose those records unless the inmate is	39913
notified, receives the information, and does not object to the	39914
disclosure. The release of records under this division is limited	39915
to records regarding an inmate's medication history, physical	39916
health status and history, summary of course of treatment, summary	39917
of treatment needs, and a discharge summary, if any.	39918

(N) That a community mental health agency that ceases to	39919
operate may transfer to either a community mental health agency	39920
that assumes its caseload or to the board of alcohol, drug	39921
addiction, and mental health services of the service district in	39922
which the patient resided at the time services were most recently	39923
provided any treatment records that have not been transferred	39924
elsewhere at the patient's request.	39925

(O) Before records are disclosed pursuant to divisions (C),	39926
(F), and (H) of this section, the custodian of the records shall	39927
attempt to obtain the patient's consent for the disclosure. No	39928
person shall reveal the contents of a medical record of a patient	39929
except as authorized by law.	39930

Sec. 5123.01.  As used in this chapter:

39931

(A) "Chief medical officer" means the licensed physician	39932
appointed by the managing officer of an institution for the	39933
mentally retarded with the approval of the director of mental	39934
retardation and developmental disabilities to provide medical	39935
treatment for residents of the institution.	39936

(B) "Chief program director" means a person with special	39937
training and experience in the diagnosis and management of the	39938
mentally retarded, certified according to division (C) of this	39939
section in at least one of the designated fields, and appointed by	39940
the managing officer of an institution for the mentally retarded	39941
with the approval of the director to provide habilitation and care	39942
for residents of the institution.	39943

(C) "Comprehensive evaluation" means a study, including a	39944
sequence of observations and examinations, of a person leading to	39945
conclusions and recommendations formulated jointly, with	39946
dissenting opinions if any, by a group of persons with special	39947
training and experience in the diagnosis and management of persons	39948
with mental retardation or a developmental disability, which group	39949
shall include individuals who are professionally qualified in the	39950
fields of medicine, psychology, and social work, together with	39951
such other specialists as the individual case may require.	39952

(D) "Education" means the process of formal training and	39953
instruction to facilitate the intellectual and emotional	39954
development of residents.	39955

(E) "Habilitation" means the process by which the staff of	39956
the institution assists the resident in acquiring and maintaining	39957
those life skills that enable the resident to cope more	39958
effectively with the demands of the resident's own person and of	39959
the resident's environment and in raising the level of the	39960
resident's physical, mental, social, and vocational efficiency.	39961
Habilitation includes but is not limited to programs of formal,	39962
structured education and training.	39963

(F) "Habilitation center services" means services provided by	39964
a habilitation center certified by the department of mental	39965
retardation and developmental disabilities under section 5123.041	39966
of the Revised Code and covered by the medicaid program pursuant	39967
to rules adopted under section 5111.041 of the Revised Code.	39968

(G) "Health officer" means any public health physician,	39969
public health nurse, or other person authorized or designated by a	39970
city or general health district.	39971

(G)(H) "Home and community-based services" means	39972
medicaid-funded home and community-based services provided under a	39973
medicaid component the department of mental retardation and	39974
developmental disabilities administers pursuant to section	39975
5111.871 of the Revised Code.	39976

(I) "Indigent person" means a person who is unable,	39977
without substantial financial hardship, to provide for the payment	39978
of an attorney and for other necessary expenses of legal	39979
representation, including expert testimony.	39980

(H)(J) "Institution" means a public or private facility, or a	39981
part of a public or private facility, that is licensed by the	39982
appropriate state department and is equipped to provide	39983
residential habilitation, care, and treatment for the mentally	39984
retarded.	39985

(I)(K) "Licensed physician" means a person who holds a valid	39986
certificate issued under Chapter 4731. of the Revised Code	39987
authorizing the person to practice medicine and surgery or	39988
osteopathic medicine and surgery, or a medical officer of the	39989
government of the United States while in the performance of the	39990
officer's official duties.	39991

(J)(L) "Managing officer" means a person who is appointed by	39992
the director of mental retardation and developmental disabilities	39993
to be in executive control of an institution for the mentally	39994
retarded under the jurisdiction of the department.	39995

(K)(M) "Medicaid" has the same meaning as in section 5111.01	39996
of the Revised Code.	39997

(N) "Medicaid case management services" means case	39998
management services provided to an individual with mental	39999
retardation or other developmental disability that the state	40000
medicaid plan requires.	40001

(O) "Mentally retarded person" means a person having	40002
significantly subaverage general intellectual functioning existing	40003
concurrently with deficiencies in adaptive behavior, manifested	40004
during the developmental period.	40005

(L)(P) "Mentally retarded person subject to	40006
institutionalization by court order" means a person eighteen years	40007
of age or older who is at least moderately mentally retarded and	40008
in relation to whom, because of the person's retardation, either	40009
of the following conditions exist:	40010

(1) The person represents a very substantial risk of	40011
physical impairment or injury to self as manifested by evidence	40012
that the person is unable to provide for and is not providing for	40013
the person's most basic physical needs and that provision for	40014
those needs is not available in the community;	40015

(2) The person needs and is susceptible to significant	40016
habilitation in an institution.	40017

(M)(Q) "A person who is at least moderately mentally	40018
retarded" means a person who is found, following a comprehensive	40019
evaluation, to be impaired in adaptive behavior to a moderate	40020
degree and to be functioning at the moderate level of intellectual	40021
functioning in accordance with standard measurements as recorded	40022
in the most current revision of the manual of terminology and	40023
classification in mental retardation published by the American	40024
association on mental retardation.	40025

(N)(R) As used in this division, "substantial functional	40026
limitation," "developmental delay," and "established risk" have	40027
the meanings established pursuant to section 5123.011 of the	40028
Revised Code.	40029

"Developmental disability" means a severe, chronic disability	40030
that is characterized by all of the following:	40031

(1) It is attributable to a mental or physical impairment or	40032
a combination of mental and physical impairments, other than a	40033
mental or physical impairment solely caused by mental illness as	40034
defined in division (A) of section 5122.01 of the Revised Code.	40035

(2) It is manifested before age twenty-two.

40036

(3) It is likely to continue indefinitely.

40037

(4) It results in one of the following:

40038

(a) In the case of a person under three years of age, at	40039
least one developmental delay or an established risk;	40040

(b) In the case of a person at least three years of age but	40041
under six years of age, at least two developmental delays or an	40042
established risk;	40043

(c) In the case of a person six years of age or older, a	40044
substantial functional limitation in at least three of the	40045
following areas of major life activity, as appropriate for the	40046
person's age: self-care, receptive and expressive language,	40047
learning, mobility, self-direction, capacity for independent	40048
living, and, if the person is at least sixteen years of age,	40049
capacity for economic self-sufficiency.	40050

(5) It causes the person to need a combination and sequence	40051
of special, interdisciplinary, or other type of care, treatment,	40052
or provision of services for an extended period of time that is	40053
individually planned and coordinated for the person.	40054

(O)(S) "Developmentally disabled person" means a person with	40055
a developmental disability.	40056

(P)(T) "State institution" means an institution that is	40057
tax-supported and under the jurisdiction of the department.	40058

(Q)(U) "Residence" and "legal residence" have the same	40059
meaning as "legal settlement," which is acquired by residing in	40060
Ohio for a period of one year without receiving general assistance	40061
prior to July 17, 1995, under former Chapter 5113. of the Revised	40062
Code, disability assistance under Chapter 5115. of the Revised	40063
Code, or assistance from a private agency that maintains records	40064
of assistance given. A person having a legal settlement in the	40065
state shall be considered as having legal settlement in the	40066
assistance area in which the person resides. No adult person	40067
coming into this state and having a spouse or minor children	40068
residing in another state shall obtain a legal settlement in this	40069
state as long as the spouse or minor children are receiving public	40070
assistance, care, or support at the expense of the other state or	40071
its subdivisions. For the purpose of determining the legal	40072
settlement of a person who is living in a public or private	40073
institution or in a home subject to licensing by the department of	40074
job and family services, the department of mental health, or the	40075
department of mental retardation and developmental disabilities,	40076
the residence of the person shall be considered as though the	40077
person were residing in the county in which the person was living	40078
prior to the person's entrance into the institution or home.	40079
Settlement once acquired shall continue until a person has been	40080
continuously absent from Ohio for a period of one year or has	40081
acquired a legal residence in another state. A woman who marries	40082
a man with legal settlement in any county immediately acquires the	40083
settlement of her husband. The legal settlement of a minor is	40084
that of the parents, surviving parent, sole parent, parent who is	40085
designated the residential parent and legal custodian by a court,	40086
other adult having permanent custody awarded by a court, or	40087
guardian of the person of the minor, provided that:	40088

(1) A minor female who marries shall be considered to have	40089
the legal settlement of her husband and, in the case of death of	40090
her husband or divorce, she shall not thereby lose her legal	40091
settlement obtained by the marriage.	40092

(2) A minor male who marries, establishes a home, and who	40093
has resided in this state for one year without receiving general	40094
assistance prior to July 17, 1995, under former Chapter 5113. of	40095
the Revised Code, disability assistance under Chapter 5115. of the	40096
Revised Code, or assistance from a private agency that maintains	40097
records of assistance given shall be considered to have obtained a	40098
legal settlement in this state.	40099

(3) The legal settlement of a child under eighteen years of	40100
age who is in the care or custody of a public or private child	40101
caring agency shall not change if the legal settlement of the	40102
parent changes until after the child has been in the home of the	40103
parent for a period of one year.	40104

No person, adult or minor, may establish a legal settlement	40105
in this state for the purpose of gaining admission to any state	40106
institution.	40107

(R)(V)(1) "Resident" means, subject to division (R)(2) of	40108
this section, a person who is admitted either voluntarily or	40109
involuntarily to an institution or other facility pursuant to	40110
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	40111
Code subsequent to a finding of not guilty by reason of insanity	40112
or incompetence to stand trial or under this chapter who is under	40113
observation or receiving habilitation and care in an institution.	40114

(2) "Resident" does not include a person admitted to an	40115
institution or other facility under section 2945.39, 2945.40,	40116
2945.401, or 2945.402 of the Revised Code to the extent that the	40117
reference in this chapter to resident, or the context in which the	40118
reference occurs, is in conflict with any provision of sections	40119
2945.37 to 2945.402 of the Revised Code.	40120

(S)(W) "Respondent" means the person whose detention,	40121
commitment, or continued commitment is being sought in any	40122
proceeding under this chapter.	40123

(T)(X) "Working day" and "court day" mean Monday, Tuesday,	40124
Wednesday, Thursday, and Friday, except when such day is a legal	40125
holiday.	40126

(U)(Y) "Prosecutor" means the prosecuting attorney, village	40127
solicitor, city director of law, or similar chief legal officer	40128
who prosecuted a criminal case in which a person was found not	40129
guilty by reason of insanity, who would have had the authority to	40130
prosecute a criminal case against a person if the person had not	40131
been found incompetent to stand trial, or who prosecuted a case in	40132
which a person was found guilty.	40133

(V)(Z) "Court" means the probate division of the court of	40134
common pleas.	40135

Sec. 5123.041.  (A) As used in this section, "habilitation	40136
center" means a habilitation center certified under division (C)	40137
of this section for the provision of that provides habilitation	40138
center services under section 5111.041 of the Revised Code.	40139

(B) The department of mental retardation and developmental	40140
disabilities shall do all of the following pursuant to an	40141
interagency agreement with the department of job and family	40142
services entered into under section 5111.86 of the Revised Code:	40143

(1) Certify habilitation centers that meet the certification	40144
requirements established by rules adopted by the director of job	40145
and family services under section 5111.041 of the Revised Code;	40146

(2) Accept and process medicaid reimbursement claims from	40147
habilitation centers providing habilitation center services to	40148
medicaid recipients under section 5111.041 of the Revised Code;	40149

(3) With medicaid funds provided to the department from the	40150
department of job and family services, pay the medicaid	40151
reimbursement claims accepted and processed under division (B)(2)	40152
of this section;	40153

(4) Perform the other duties included in the interagency	40154
agreement.	40155

(C) The director of mental retardation and developmental	40156
disabilities shall adopt rules in accordance with Chapter 119. of	40157
the Revised Code that do all of the following:	40158

(1) Specify standards Establish procedures for certification	40159
of habilitation centers;	40160

(2) Define habilitation services and programs, other than	40161
services provided by the department of education;	40162

(3) Establish the fee that may be assessed under division	40163
(D) of this section;	40164

(4)(3) Specify how the department of mental retardation and	40165
developmental disabilities will implement and administer the	40166
habilitation services program perform its duties under this	40167
section.	40168

(C) The director shall certify habilitation centers that	40169
meet the standards specified by rules adopted under this section.	40170

(D) The department of mental retardation and developmental	40171
disabilities may assess the fee established by rule under division	40172
(B)(3)(C)(2) of this section for providing services related to the	40173
habilitation services program performing its duties under this	40174
section. The fee may be retained from any funds payment the	40175
department receives for a habilitation center under Title XIX of	40176
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	40177
as amended makes under division (B)(3) of this section.	40178

Sec. 5123.044. The department of mental retardation and	40179
developmental disabilities shall determine whether county boards	40180
of mental retardation and developmental disabilities are in	40181
compliance with section 5126.046 of the Revised Code. The	40182
department shall provide assistance to an individual with mental	40183
retardation or other developmental disability who requests	40184
assistance with the individual's right under section 5126.046 of	40185
the Revised Code to choose a provider of habilitation, vocational,	40186
community employment, residential, or supported living services if	40187
the department is notified of a county board's alleged violation	40188
of the individual's right to choose such a provider.	40189

Sec. 5123.045. (A) No person or government entity shall	40190
receive payment for providing home and community-based services	40191
unless certified under this section or certified as a supported	40192
living provider under section 5126.431 of the Revised Code.	40193

(B) The department of mental retardation and developmental	40194
disabilities shall do both of the following in accordance with	40195
Chapter 119. of the Revised Code:	40196

(1) Certify a person or government entity to provide home	40197
or community-based services if the person or government entity	40198
satisfies the requirements for certification established by rules	40199
adopted under division (C) of this section;	40200

(2) Revoke a certificate when required to do so by rules	40201
adopted under division (C) of this section.	40202

(C) The director of mental retardation and developmental	40203
disabilities shall adopt rules in accordance with Chapter 119. of	40204
the Revised Code establishing certification requirements and	40205
procedures for a person or government entity that seeks to provide	40206
home and community-based services and is not certified as a	40207
supported living provider under section 5126.431 of the Revised	40208
Code. The rules shall specify the program areas for which	40209
certification is required and include procedures for all of the	40210
following:	40211

(1) Ensuring that providers comply with section 5126.28 or	40212
5126.281 of the Revised Code, as appropriate;	40213

(2) Evaluating the services provided to ensure that they	40214
are provided in a quality manner advantageous to the individual	40215
receiving the services. The procedures shall require that all of	40216
the following be considered as part of an evaluation:	40217

(a) The provider's experience and financial	40218
responsibility;	40219

(b) The provider's ability to comply with standards for the	40220
home and community-based services that the provider provides;	40221

(c) The provider's ability to meet the needs of the	40222
individuals served;	40223

(d) Any other factor the director considers relevant.

40224

(3) Determining when to revoke a provider's certificate.	40225
The reasons for which a certificate may be revoked may include	40226
good cause, including misfeasance, malfeasance, nonfeasance,	40227
confirmed abuse or neglect, financial irresponsibility, or other	40228
conduct the director determines is injurious to individuals being	40229
served.	40230

(4) Protecting due process rights.

40231

(D) The rules adopted under division (C) of this section	40232
shall allow a person or government entity to automatically satisfy	40233
a requirement for certification under this section if the person	40234
holds a current, valid license under section 5123.19 of the	40235
Revised Code to operate a residential facility and had to satisfy	40236
the requirement to obtain the residential facility license.	40237

(E) The records of an evaluation conducted in accordance	40238
with rules adopted under division (C)(2) of this section are	40239
public records for purposes of section 149.43 of the Revised Code	40240
and shall be made available on request of any person, including	40241
individuals being served, individuals seeking home or	40242
community-based services, and county boards of mental retardation	40243
and developmental disabilities.	40244

Sec. 5123.046. The department of mental retardation and	40245
developmental disabilities shall review each plan it receives from	40246
a county board of mental retardation and developmental	40247
disabilities under section 5126.054 of the Revised Code and, in	40248
consultation with the department of job and family services and	40249
office of budget and management, approve each plan that includes	40250
all the information and conditions specified in that section. A	40251
plan shall be approved or disapproved not later than forty-five	40252
days after the last of the plan's components are submitted to the	40253
department under division (B) of section 5126.054 of the Revised	40254
Code.	40255

In approving plans under this section, the department	40256
shall ensure that the aggregate of all plans provide for the	40257
increased enrollment into home and community-based services during	40258
each state fiscal year of at least five hundred individuals who	40259
did not receive residential services, supported living, or home or	40260
community-based services the prior state fiscal year if the	40261
department has enough additional enrollment available for this	40262
purpose.	40263

If a county board fails to submit all the components of the	40264
plan to the department within the time required by division (B) of	40265
section 5126.054 of the Revised Code or the department disapproves	40266
a county board's plan, the department may withhold all or part of	40267
any funds the department would otherwise allocate to the county	40268
board. The department may not withhold any funds the department	40269
allocates to the county board prior to the date the last of the	40270
plan's components are due or the department disapproves the plan.	40271

The department shall establish protocols that the department	40272
shall use to determine whether a county board is complying with	40273
the programmatic and financial accountability mechanisms and	40274
achieving outcomes specified its approved plan. If the department	40275
determines that a county board is not in compliance with the	40276
mechanisms or achieving the outcomes specified in its approved	40277
plan, the department may take action under division (G) of	40278
section 5726.055 of the Revised Code.	40279

Sec. 5123.047. (A) The department of mental retardation and	40280
developmental disabilities shall pay the nonfederal share of	40281
medicaid expenditures for habilitation center services provided to	40282
an individual with mental retardation or other developmental	40283
disability unless section 5111.041 of the Revised Code requires a	40284
county board of mental retardation and developmental disabilities	40285
or a school district to pay the nonfederal share.	40286

(B) The department shall pay the nonfederal share of	40287
medicaid expenditures for medicaid case management services if	40288
either of the following apply:	40289

(1) The services are provided to an individual with mental	40290
retardation or other developmental disability who a county board	40291
has determined under section 5126.041 of the Revised Code is not	40292
eligible for county board services;	40293

(2) The services are provided to an individual with mental	40294
retardation or other developmental disability by a public or	40295
private agency with which the department has contracted under	40296
section 5123.56 of the Revised Code to provide protective services	40297
to the individual.	40298

(C) The department shall pay the nonfederal share of	40299
medicaid expenditures for home and community-based services if	40300
either of the following apply:	40301

(1) The services are provided to an individual with mental	40302
retardation or other developmental disability who a county board	40303
has determined under section 5126.041 of the Revised Code is not	40304
eligible for county board services;	40305

(2) The services are provided to an individual with mental	40306
retardation or other developmental disability given priority for	40307
the services pursuant to division (D)(2)(d) of section 5126.042 of	40308
the Revised Code.	40309

Sec. 5123.048. (A) For state fiscal year 2002, the	40310
department of mental retardation and developmental disabilities	40311
shall assign to a county board of mental retardation and	40312
developmental disabilities the nonfederal share of medicaid	40313
expenditures for habilitation center services that a private	40314
habilitation center provides if all of the following apply:	40315

(1) The individuals who receive the services also received	40316
the services from the center pursuant to a contract the center had	40317
with the department in state fiscal year 2001;	40318

(2) The county board determined under section 5126.041 of	40319
the Revised Code that the individuals who receive the services are	40320
eligible for county board services;	40321

(3) The county board contracts with the center to provide	40322
the services after the center's contract with the department ends.	40323

(B) The department shall also make the assignment under	40324
division (A) of this section for each successive state fiscal year	40325
that the county board contracts with the private habilitation	40326
center to provide the habilitation center services to the	40327
individuals who received the services pursuant to the contract the	40328
department had with the center in state fiscal year 2001.	40329

(C) The amount the department shall assign under	40330
divisions (A) and (B) of this section shall be adequate to ensure	40331
that the habilitation center services the individuals receive are	40332
comparable in scope to the habilitation center services they	40333
received when the private habilitation center was under contract	40334
with the department. The amount that the department assigns shall	40335
not be less than the amount the department paid the private	40336
habilitation center for the individuals under the contract the	40337
department had with the center in fiscal year 2001.	40338

(D) A county board shall use the assignment it receives	40339
under divisions (A) and (B) of this section to pay the nonfederal	40340
share of the medicaid expenditures for the habilitation center	40341
services the county board is required by division (D) of section	40342
5111.041 of the Revised Code to pay.	40343

Sec. 5123.049. The director of mental retardation and	40344
developmental disabilities shall adopt rules in accordance with	40345
Chapter 119. of the Revised Code governing the authorization and	40346
payment of home and community-based services, medicaid case	40347
management services, and habilitation center services. The rules	40348
shall provide for private providers of the services to receive one	40349
hundred per cent of the medicaid allowable payment amount and for	40350
government providers of the services to receive the federal share	40351
of the medicaid allowable payment, less the amount withheld as a	40352
fee under section 5123.0412 of the Revised Code and any amount	40353
that may be required by rules adopted under section 5123.0413 of	40354
the Revised Code to be deposited into the state MR/DD risk fund.	40355
The rules shall establish the process by which county boards of	40356
mental retardation and developmental disabilities shall certify	40357
and provide the nonfederal share of medicaid expenditures that the	40358
county board is required by division (A) of section 5126.056 of	40359
the Revised Code to pay. The process shall require a county board	40360
to certify that the county board has funding available at one time	40361
for two months costs for those expenditures. The process may	40362
permit a county board to certify that the county board has funding	40363
available at one time for more than two months costs for those	40364
expenditures.	40365

Sec. 5123.0410. An individual with mental retardation or	40366
other developmental disability who moves from one county in this	40367
state to another county in this state shall receive home and	40368
community-based services in the new county that are comparable in	40369
scope to the home and community-based services the individual	40370
receives in the prior county at the time the individual moves. If	40371
the county board serving the county to which the individual moves	40372
determines under section 5126.041 of the Revised Code that the	40373
individual is eligible for county board services, the county board	40374
shall ensure that the individual receives the comparable services.	40375
If the county board determines that the individual is not eligible	40376
for county board services, the department of mental retardation	40377
and developmental disabilities shall ensure that the individual	40378
receives the comparable services.	40379

If the home and community-based services that the	40380
individual receives at the time the individual moves include	40381
supported living or residential services, the department shall	40382
reduce the amount the department allocates to the county board	40383
serving the county the individual left for those supported living	40384
or residential services by an amount that equals the payment the	40385
department authorizes or projects, or both, for those supported	40386
living or residential services from the last day the individual	40387
resides in the county to the last day of the state fiscal year in	40388
which the individual moves. The department shall increase the	40389
amount the department allocates to the county board serving the	40390
county the individual moves to by the same amount. The department	40391
shall make the reduction and increase effective the day the	40392
department determines the individual has residence in the new	40393
county. The department shall determine the amount that is to be	40394
reduced and increased in accordance with the department's rules	40395
for authorizing payments for home and community-based services	40396
established adopted under section 5123.049 of the Revised Code.	40397
The department shall annualize the reduction and increase for the	40398
subsequent state fiscal year as necessary.	40399

Sec. 5123.0411. The department of mental retardation and	40400
developmental disabilities may bring a mandamus action against a	40401
county board of mental retardation and developmental disabilities	40402
that fails to pay the nonfederal share of medicaid expenditures	40403
that the county board is required by division (A) of section	40404
5126.056 of the Revised Code to pay. The department may bring the	40405
mandamus action in the court of common pleas of the county served	40406
by the county board or in the Franklin county court of common	40407
pleas.	40408

Sec. 5123.0412. (A) The department of mental retardation and	40409
developmental disabilities shall charge each county board of	40410
mental retardation and developmental disabilities an annual fee	40411
equal to one per cent of the total value of all medicaid paid	40412
claims for medicaid case management services and home and	40413
community-based services for which the county board contracts or	40414
provides itself. No county board shall pass the cost of a fee	40415
charged to the county board under this section on to a person or	40416
government entity with which the county board contracts to provide	40417
the services.	40418

(B) The fees collected under this section shall be	40419
deposited into the ODMR/DD administration and oversight fund and	40420
the ODJFS administration and oversight fund, both of which are	40421
hereby created in the state treasury. The portion of the fees to	40422
be deposited into the ODMR/DD administration and oversight fund	40423
and the portion of the fees to be deposited into the ODJFS	40424
administration and oversight fund shall be the portion specified	40425
in an interagency agreement entered into under division (C) of	40426
this section. The department of mental retardation and	40427
developmental disabilities shall use the money in the ODMR/DD	40428
administration and oversight fund and the department of job and	40429
family services shall use the money in the ODJFS administration	40430
and oversight fund for both of the following purposes:	40431

(1) The administrative and oversight costs of habilitation	40432
center services, medicaid case management services, and home or	40433
community-based services that a county board develops and monitors	40434
and the county board or a person or government entity under	40435
contract with the county board provides. The administrative and	40436
oversight costs shall include costs for staff, systems, and other	40437
resources the departments need and dedicate solely to the	40438
following duties associated with the services:	40439

(a) Eligibility determinations;

40440

(b) Training;

40441

(c) Fiscal management;

40442

(d) Claims processing;

40443

(e) Quality assurance oversight;

40444

(f) Other duties the departments identify.

40445

(2) Providing technical support to county boards' local	40446
administrative authority under section 5126.055 of the Revised	40447
Code for the services.	40448

(C) The departments of mental retardation and developmental	40449
disabilities and job and family services shall enter into an	40450
interagency agreement to do both of the following:	40451

(1) Specify which portion of the fees collected under this	40452
section is to be deposited into the ODMR/DD administration and	40453
oversight fund and which portion is to be deposited into the	40454
ODJFS administration and oversight fund;	40455

(2) Provide for the departments to coordinate the staff	40456
whose costs are paid for with money in the ODMR/DD administration	40457
and oversight fund and the ODJFS administration and oversight	40458
fund.	40459

(D) The departments shall submit an annual report to the	40460
director of budget and management certifying how the departments	40461
spent the money in the ODMR/DD administration and oversight fund	40462
and the ODJFS administration and oversight fund for the purposes	40463
specified in division (B) of this section.	40464

Sec. 5123.0413. (A) The department of mental retardation and	40465
developmental disabilities, in consultation with the department of	40466
job and family services, office of budget and management, and	40467
county boards of mental retardation and developmental	40468
disabilities, shall adopt rules in accordance with Chapter 119. of	40469
the Revised Code no later than January 1, 2002, establishing a	40470
method of paying for extraordinary costs, including extraordinary	40471
costs for services to individuals with mental retardation or other	40472
developmental disability, and ensure the availability of adequate	40473
funds in the event a county property tax levy for services for	40474
individuals with mental retardation or other developmental	40475
disability fails. The rules may provide for using and managing one	40476
or more of the following:	40477

(1) County MR/DD medicaid reserve funds established in	40478
accordance with section 5705.091 of the Revised Code;	40479

(2) A state MR/DD risk fund, which is hereby created in the	40480
state treasury;	40481

(3) A state insurance against MR/DD risk fund, which is	40482
hereby created in the state treasury.	40483

(B) Beginning January 1, 2002, the department of job and	40484
family services may not request approval from the United States	40485
secretary of health and human services to increase the number of	40486
slots for home and community-based services until the rules	40487
required by division (A) of this section are in effect.	40488

Sec. 5123.082.  (A) The director of mental retardation and	40489
developmental disabilities shall adopt rules in accordance with	40490
Chapter 119. of the Revised Code:	40491

(1) Designating positions of employment for which the	40492
director determines that certification or evidence of registration	40493
is required as a condition of employment in the department of	40494
mental retardation and developmental disabilities, entities that	40495
contract with the department or county boards of mental	40496
retardation and developmental disabilities to operate programs or	40497
provide services to persons with mental retardation and	40498
developmental disabilities, or other positions of employment in	40499
programs that serve those persons;. The rules shall designate the	40500
position of investigative agent, as defined in section 5126.20 of	40501
the Revised Code, as a position for which certification is	40502
required.	40503

(2) Establishing levels of certification or registration for	40504
each position for which certification or registration is required;	40505

(3) Establishing for each level of each position the	40506
requirements that must be met to obtain certification or	40507
registration, including standards regarding education, specialized	40508
training, and experience. The standards shall take into account	40509
the nature and needs of persons with mental retardation or a	40510
developmental disability and the specialized techniques needed to	40511
serve them. The requirements for an investigative agent shall be	40512
the same as the certification requirements for an investigative	40513
agent under section 5126.25 of the Revised Code.	40514

(4) Establishing renewal schedules and renewal requirements	40515
for certification and registration, including standards regarding	40516
education, specialized training, and experience;. The renewal	40517
requirements for an investigative agent shall be the same as the	40518
renewal requirements for an investigative agent under section	40519
5126.25 of the Revised Code.	40520

(5) Establishing procedures for denial, suspension, and	40521
revocation of a certificate or evidence of registration, including	40522
appeal procedures;	40523

(6) Establishing other requirements needed to carry out this	40524
section.	40525

(B) The director shall issue, renew, deny, suspend, or	40526
revoke a certificate or evidence of registration in accordance	40527
with rules adopted under this section. The director shall deny,	40528
suspend, or revoke a certificate or evidence of registration if	40529
the director finds, pursuant to an adjudication conducted in	40530
accordance with Chapter 119. of the Revised Code, that an	40531
applicant for or holder of a certificate or evidence of	40532
registration is guilty of intemperate, immoral, or other conduct	40533
unbecoming to the applicant's or holder's position, or is guilty	40534
of incompetence or negligence within the scope of the applicant's	40535
or holder's duties. The director shall deny or revoke a	40536
certificate or evidence of registration after the director finds,	40537
pursuant to an adjudication conducted in accordance with Chapter	40538
119. of the Revised Code, that the applicant for or holder of the	40539
certificate or evidence of registration has been convicted of or	40540
pleaded guilty to any of the offenses listed or described in	40541
division (E) of section 5126.28 of the Revised Code, unless the	40542
individual meets standards for rehabilitation that the director	40543
establishes in the rules adopted under that section. Evidence	40544
supporting such allegations must be presented to the director in	40545
writing, and the director shall provide prompt notice of the	40546
allegations to the person who is the subject of the allegations. A	40547
denial, suspension, or revocation may be appealed in accordance	40548
with the procedures established in rules adopted under this	40549
section.	40550

(C) A person holding a valid certificate or evidence of	40551
registration under this section on the effective date of any rules	40552
adopted under this section that increase the certification or	40553
registration standards shall have the period that the rules	40554
prescribe, but not less than one year after the effective date of	40555
the rules, to meet the new standards.	40556

(D) No person shall be employed in a position for which	40557
certification or registration is required under rules adopted	40558
under this section, unless the person holds a valid certificate or	40559
evidence of registration for the position.	40560

Sec. 5123.60.  (A) A legal rights service is hereby created	40561
and established to protect and advocate the rights of mentally ill	40562
persons, mentally retarded persons, developmentally disabled	40563
persons, and other disabled persons who may be represented by the	40564
service pursuant to division (L) of this section; to receive and	40565
act upon complaints concerning institutional and hospital	40566
practices and conditions of institutions for mentally retarded or	40567
developmentally disabled persons and hospitals for the mentally	40568
ill; and to assure that all persons detained, hospitalized,	40569
discharged, or institutionalized, and all persons whose detention,	40570
hospitalization, discharge, or institutionalization is sought or	40571
has been sought under this chapter or Chapter 5122. of the Revised	40572
Code are fully informed of their rights and adequately represented	40573
by counsel in proceedings under this chapter or Chapter 5122. of	40574
the Revised Code and in any proceedings to secure the rights of	40575
such those persons. Notwithstanding the definitions of "mentally	40576
retarded person" and "developmentally disabled person" in section	40577
5123.01 of the Revised Code, the legal rights service shall	40578
determine who is a mentally retarded or developmentally disabled	40579
person for purposes of this section and sections 5123.601 to	40580
5123.604 of the Revised Code.	40581

(B) In regard to those persons detained, hospitalized, or	40582
institutionalized under Chapter 5122. of the Revised Code, the	40583
legal rights service shall undertake formal representation only of	40584
those persons who are involuntarily detained, hospitalized, or	40585
institutionalized pursuant to sections 5122.10 to 5122.15 of the	40586
Revised Code, and those voluntarily detained, hospitalized, or	40587
institutionalized who are minors, who have been adjudicated	40588
incompetent, who have been detained, hospitalized, or	40589
institutionalized in a public hospital, or who have requested	40590
representation by the legal rights service. If a person referred	40591
to in division (A) of this section voluntarily requests in writing	40592
that the legal rights service terminate participation in the	40593
person's case, such involvement shall cease.	40594

(C) Any person voluntarily hospitalized or institutionalized	40595
in a public hospital under division (A) of section 5122.02 of the	40596
Revised Code, after being fully informed of the person's rights	40597
pursuant to under division (A) of this section, may, by written	40598
request, waive assistance by the legal rights service if the	40599
waiver is knowingly and intelligently made, without duress or	40600
coercion.	40601

The waiver may be rescinded at any time by the voluntary	40602
patient or resident, or by the voluntary patient's or resident's	40603
legal guardian.	40604

(D)(1) The legal rights service commission is hereby created	40605
for the purposes of appointing an administrator of the legal	40606
rights service, advising the administrator, assisting the	40607
administrator in developing a budget, and establishing general	40608
policy guidelines for the legal rights service. The commission	40609
may receive and act upon appeals of personnel decisions by the	40610
administrator.	40611

(2) The commission shall consist of seven members. One	40612
member, who shall serve as chairperson, shall be appointed by the	40613
chief justice of the supreme court, three members shall be	40614
appointed by the speaker of the house of representatives, and	40615
three members shall be appointed by the president of the senate.	40616
At least two members shall have experience in the field of	40617
developmental disabilities, and at least two members shall have	40618
experience in the field of mental health. No member shall be a	40619
provider or related to a provider of services to mentally	40620
retarded, developmentally disabled, or mentally ill persons. Terms	40621

(3) Terms of office of the members of the commission shall	40622
be for three years, each term ending on the same day of the month	40623
of the year as did the term which it succeeds. Each member shall	40624
serve subsequent to the expiration of the member's term until a	40625
successor is appointed and qualifies, or until sixty days has	40626
elapsed, whichever occurs first. All No member shall serve more	40627
than two consecutive terms.	40628

All vacancies in the membership of the commission shall be	40629
filled in the manner prescribed for the regular appointments to	40630
the commission and shall be limited to the unexpired terms. No	40631
member shall serve more than two consecutive terms.	40632

(4) The commission shall meet at least four times each year.	40633
Members shall be reimbursed for their necessary and actual	40634
expenses incurred in the performance of their official duties.	40635

(5) The administrator of the legal rights service shall be	40636
appointed for a five-year term, subject to removal for mental or	40637
physical incapacity to perform the duties of the office,	40638
conviction of violation of any law relating to the administrator's	40639
powers and duties, or other good cause shown.	40640

The administrator shall be a person who has had special	40641
training and experience in the type of work with which the legal	40642
rights service is charged. If the administrator is not an	40643
attorney, the administrator shall seek legal counsel when	40644
appropriate. The salary of the administrator shall be established	40645
in accordance with section 124.14 of the Revised Code.	40646

(E) The legal rights service shall be completely independent	40647
of the department of mental health and the department of mental	40648
retardation and developmental disabilities and, notwithstanding	40649
section 109.02 of the Revised Code, shall also be independent of	40650
the office of the attorney general. The administrator of the	40651
legal rights service, staff, and attorneys designated by the	40652
administrator to represent persons detained, hospitalized, or	40653
institutionalized under this chapter or Chapter 5122. of the	40654
Revised Code shall have ready access to the following:	40655

(1) During normal business hours and at other reasonable	40656
times, to all records relating to expenditures of state and	40657
federal funds or to the commitment, care, treatment, and	40658
habilitation of all persons represented by the legal rights	40659
service, including those who may be represented pursuant to	40660
division (L) of this section, or persons detained, hospitalized,	40661
institutionalized, or receiving services under this chapter or	40662
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	40663
records maintained by the following entities providing services	40664
for those persons: departments; institutions; hospitals;	40665
community residential facilities; boards of alcohol, drug	40666
addiction, and mental health services; county boards of mental	40667
retardation and developmental disabilities; contract agencies of	40668
those boards; and any other entity providing services to persons	40669
who may be represented by the service pursuant to division (L) of	40670
this section;	40671

(2) To any Any records maintained in computerized data banks	40672
of the departments or boards or, in the case of persons who may be	40673
represented by the service pursuant to division (L) of this	40674
section, any other entity that provides services to those persons;	40675

(3) During their normal working hours, to personnel of the	40676
departments, facilities, boards, agencies, institutions,	40677
hospitals, and other service-providing entities;	40678

(4) At any time, to all persons detained, hospitalized, or	40679
institutionalized; persons receiving services under this chapter	40680
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	40681
persons who may be represented by the service pursuant to division	40682
(L) of this section.	40683

(F) The administrator of the legal rights service shall do	40684
the following:	40685

(1) Administer and organize the work of the legal rights	40686
service and establish administrative or geographic divisions as	40687
the administrator considers necessary, proper, and expedient;	40688

(2) Adopt and promulgate rules and prescribe duties for the	40689
efficient conduct of the business and general administration of	40690
the legal rights service;	40691

(3) Appoint and discharge employees, and hire such experts,	40692
consultants, advisors, or other professionally qualified persons	40693
as the administrator considers necessary to carry out the duties	40694
of the legal rights service;	40695

(4) Apply for and accept grants of funds, and accept	40696
charitable gifts and bequests;	40697

(5) Prepare and submit a budget to the general assembly for	40698
the operation of the legal rights service;	40699

(6) Enter into contracts and make such expenditures as are	40700
necessary for the efficient operation of the legal rights service;	40701

(7) Annually prepare a report of activities and submit	40702
copies of the report to the governor, the chief justice of the	40703
supreme court, the president of the senate, the speaker of the	40704
house of representatives, the director of mental health, and the	40705
director of mental retardation and developmental disabilities, and	40706
make the report available to the public.	40707

(G) The legal rights service may act directly or contract	40708
with other organizations or individuals for the provision of the	40709
services envisioned under this section. Whenever possible, the	40710
administrator shall attempt to facilitate the resolution of	40711
complaints through administrative channels. If attempts at	40712
administrative resolution prove unsatisfactory, the administrator	40713
may pursue any legal, administrative, and other appropriate	40714
remedies or approaches that may be necessary to accomplish the	40715
purposes of this section if the remedies or approaches are	40716
approved by an affirmative vote of at least four members of the	40717
commission. Relationships between personnel and the agents of the	40718
legal rights service and its clients shall be fiduciary	40719
relationships, and all communications shall be confidential, as if	40720
between attorney and client.	40721

(H) The legal rights service, on the order of the	40722
administrator, with the approval by an affirmative vote of at	40723
least four members of the commission, may compel by subpoena the	40724
appearance and sworn testimony of any person the administrator	40725
reasonably believes may be able to provide information or to	40726
produce any documents, books, records, papers, or other	40727
information necessary to carry out its duties.	40728

(I) The legal rights service may conduct public hearings.

40729

(J) The legal rights service may request from any	40730
governmental agency any cooperation, assistance, services, or data	40731
that will enable it to perform its duties.	40732

(K) In any malpractice action filed against the	40733
administrator of the legal rights service, a member of the staff	40734
of the legal rights service, or an attorney designated by the	40735
administrator to perform legal services under division (E) of this	40736
section, the state shall, when the administrator, member, or	40737
attorney has acted in good faith and in the scope of employment,	40738
indemnify the administrator, member, or attorney for any judgment	40739
awarded or amount negotiated in settlement, and for any court	40740
costs or legal fees incurred in defense of the claim.	40741

This division does not limit or waive, and shall not be	40742
construed to limit or waive, any defense that is available to the	40743
legal rights service, its administrator or employees, persons	40744
under a personal services contract with it, or persons designated	40745
under division (E) of this section, including, but not limited to,	40746
any defense available under section 9.86 of the Revised Code.	40747

(L) In addition to providing services to mentally ill,	40748
mentally retarded, or developmentally disabled persons, when a	40749
grant authorizing the provision of services to other individuals	40750
is accepted pursuant to division (F)(4) of this section, the legal	40751
rights service and its ombudsperson section may provide advocacy	40752
or ombudsperson services to those other individuals and exercise	40753
any other authority granted by this section or sections 5123.601	40754
to 5123.604 of the Revised Code on behalf of those individuals.	40755
Determinations of whether an individual is eligible for services	40756
under this division shall be made by the legal rights service.	40757

Sec. 5123.71.  (A)(1) Proceedings for the involuntary	40758
institutionalization of a person pursuant to sections 5123.71 to	40759
5123.76 of the Revised Code shall be commenced by the filing of an	40760
affidavit with the probate division of the court of common pleas	40761
of the county where the person person's is located resides or	40762
where the person is institutionalized, in the manner and form	40763
prescribed by the department of mental retardation and	40764
developmental disabilities either on information or actual	40765
knowledge, whichever is determined to be proper by the court. The	40766
affidavit may be filed only by a person who has custody of the	40767
individual as a parent, guardian, or service provider or by a	40768
person acting on behalf of the department or a county board of	40769
mental retardation and developmental disabilities. This section	40770
does not apply regarding the institutionalization of a person	40771
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the	40772
Revised Code.	40773

The affidavit shall contain an allegation setting forth the	40774
specific category or categories under division (L)(P) of section	40775
5123.01 of the Revised Code upon which the commencement of	40776
proceedings is based and a statement of the factual ground for the	40777
belief that the person is a mentally retarded person subject to	40778
institutionalization by court order. Except as provided in	40779
division (A)(2) of this section, the affidavit shall be	40780
accompanied by both of the following:	40781

(a) A comprehensive evaluation report prepared by the	40782
person's evaluation team that includes a statement by the members	40783
of the team certifying that they have performed a comprehensive	40784
evaluation of the person and that they are of the opinion that the	40785
person is a mentally retarded person subject to	40786
institutionalization by court order;	40787

(b) An assessment report prepared by the county board of	40788
mental retardation and developmental disabilities under section	40789
5123.711 of the Revised Code specifying that the individual is in	40790
need of services on an emergency or priority basis.	40791

(2) A In lieu of the comprehensive evaluation report, the	40792
affidavit may be accompanied by a written and sworn statement that	40793
the person or the guardian of a person adjudicated incompetent has	40794
refused to allow a comprehensive evaluation and county board	40795
assessment and assessment reports. Immediately after accepting an	40796
affidavit that is not accompanied by the reports of a	40797
comprehensive evaluation and county board assessment, the court	40798
shall cause a comprehensive evaluation and county board assessment	40799
of the person named in the affidavit to be performed. The	40800
evaluation shall be conducted in the least restrictive environment	40801
possible and the assessment shall be conducted in the same manner	40802
as assessments conducted under section 5123.711 of the Revised	40803
Code. The evaluation and assessment must be completed before a	40804
probable cause hearing or full hearing may be held under section	40805
5123.75 or 5123.76 of the Revised Code.	40806

A written report of the evaluation team's findings and the	40807
county board's assessment shall be filed with the court. The	40808
reports shall, consistent with the rules of evidence, be accepted	40809
as probative evidence in any proceeding under section 5123.75 or	40810
5123.76 of the Revised Code. If the counsel for the person who is	40811
evaluated or assessed is known, the court shall send to the	40812
counsel a copy of the reports as soon as possible after they are	40813
filed and prior to any proceedings under section 5123.75 or	40814
5123.76 of the Revised Code.	40815

(B) , if the division may the,, Any person who is	40816
involuntarily detained in an institution or otherwise is in	40817
custody under this chapter shall be informed the person of the	40818
right to do the following:	40819

(1) Immediately make a reasonable number of telephone calls	40820
or use other reasonable means to contact an attorney, a physician,	40821
or both, to contact any other person or persons to secure	40822
representation by counsel, or to obtain medical assistance, and be	40823
provided assistance in making calls if the assistance is needed	40824
and requested;	40825

(2) Retain counsel and have independent expert evaluation	40826
and, if the person is an indigent person, be represented by	40827
court-appointed counsel and have independent expert evaluation at	40828
court expense;	40829

(3) Upon request, have a hearing to determine whether there	40830
is probable cause to believe that the person is a mentally	40831
retarded person subject to institutionalization by court order.	40832

(C) No person who is being treated by spiritual means	40833
through prayer alone in accordance with a recognized religious	40834
method of healing may be ordered detained or involuntarily	40835
committed unless the court has determined that the person	40836
represents a very substantial risk of self-impairment,	40837
self-injury, or impairment or injury to self to others.	40838

Sec. 5123.76.  (A) The full hearing shall be conducted in a	40839
manner consistent with the procedures outlined in this chapter and	40840
with due process of law. The hearing shall be held by a judge of	40841
the probate division or, upon transfer by the judge of the probate	40842
division, by another judge of the court of common pleas, or a	40843
referee designated by the judge of the probate division. Any	40844
referee designated by the judge of the probate division must be an	40845
attorney.	40846

(1) The following shall be made available to counsel for the	40847
respondent:	40848

(a) All relevant documents, information, and evidence in the	40849
custody or control of the state or prosecutor;	40850

(b) All relevant documents, information, and evidence in the	40851
custody or control of the institution, facility, or program in	40852
which the respondent currently is held or in which the respondent	40853
has been held pursuant to these proceedings;	40854

(c) With the consent of the respondent, all relevant	40855
documents, information, and evidence in the custody or control of	40856
any institution or person other than the state.	40857

(2) The respondent has the right to be represented by	40858
counsel of the respondent's choice and has the right to attend the	40859
hearing except if unusual circumstances of compelling medical	40860
necessity exist that render the respondent unable to attend and	40861
the respondent has not expressed a desire to attend.	40862

(3) If the respondent is not represented by counsel and the	40863
court determines that the conditions specified in division (A)(2)	40864
of this section justify the respondent's absence and the right to	40865
counsel has not been validly waived, the court shall appoint	40866
counsel forthwith to represent the respondent at the hearing,	40867
reserving the right to tax costs of appointed counsel to the	40868
respondent unless it is shown that the respondent is indigent. If	40869
the court appoints counsel, or if the court determines that the	40870
evidence relevant to the respondent's absence does not justify the	40871
absence, the court shall continue the case.	40872

(4) The respondent shall be informed of the right to retain	40873
counsel, to have independent expert evaluation, and, if an	40874
indigent person, to be represented by court appointed counsel and	40875
have expert independent evaluation at court expense.	40876

(5) The hearing may be closed to the public unless counsel	40877
for the respondent requests that the hearing be open to the	40878
public.	40879

(6) Unless objected to by the respondent, the respondent's	40880
counsel, or the designee of the director of mental retardation and	40881
developmental disabilities, the court, for good cause shown, may	40882
admit persons having a legitimate interest in the proceedings.	40883

(7) The affiant under section 5123.71 of the Revised Code	40884
shall be subject to subpoena by either party.	40885

(8) The court shall examine the sufficiency of all documents	40886
filed and shall inform the respondent, if present, and the	40887
respondent's counsel of the nature of the content of the documents	40888
and the reason for which the respondent is being held or for which	40889
the respondent's placement is being sought.	40890

(9) The court shall receive only relevant, competent, and	40891
material evidence.	40892

(10) The designee of the director shall present the evidence	40893
for the state. In proceedings under this chapter, the attorney	40894
general shall present the comprehensive evaluation, assessment,	40895
diagnosis, prognosis, record of habilitation and care, if any, and	40896
less restrictive habilitation plans, if any. The attorney general	40897
does not have a similar presentation responsibility in connection	40898
with a person who has been found not guilty by reason of insanity	40899
and who is the subject of a hearing under section 2945.40 of the	40900
Revised Code to determine whether the person is a mentally	40901
retarded person subject to institutionalization by court order.	40902

(11) The respondent has the right to testify and the	40903
respondent or the respondent's counsel has the right to subpoena	40904
witnesses and documents and to present and cross-examine	40905
witnesses.	40906

(12) The respondent shall not be compelled to testify and	40907
shall be so advised by the court.	40908

(13) On motion of the respondent or the respondent's counsel	40909
for good cause shown, or upon the court's own motion, the court	40910
may order a continuance of the hearing.	40911

(14) To an extent not inconsistent with this chapter, the	40912
Rules of Civil Procedure shall be applicable.	40913

(B) Unless, upon completion of the hearing, the court finds	40914
by clear and convincing evidence that the respondent named in the	40915
affidavit is a mentally retarded person subject to	40916
institutionalization by court order, it shall order the	40917
respondent's discharge forthwith.	40918

(C) If, upon completion of the hearing, the court finds by	40919
clear and convincing evidence that the respondent is a mentally	40920
retarded person subject to institutionalization by court order,	40921
the court may order the respondent's discharge or order the	40922
respondent, for a period not to exceed ninety days, to any of the	40923
following:	40924

(1) A public institution, provided that commitment of the	40925
respondent to the institution will not cause the institution to	40926
exceed its licensed capacity determined in accordance with section	40927
5123.19 of the Revised Code and provided that such a placement is	40928
indicated by the comprehensive evaluation report filed pursuant to	40929
section 5123.71 of the Revised Code;	40930

(2) A private institution;

40931

(3) A county mental retardation program;

40932

(4) Receive private habilitation and care;

40933

(5) Any other suitable facility, program, or the care of any	40934
person consistent with the comprehensive evaluation, assessment,	40935
diagnosis, prognosis, and habilitation needs of the respondent.	40936

(D) Any order made pursuant to division (C)(2), (4), or (5)	40937
of this section shall be conditional upon the receipt by the court	40938
of consent by the facility, program, or person to accept the	40939
respondent.	40940

(E) In determining the place to which, or the person with	40941
whom, the respondent is to be committed, the court shall consider	40942
the comprehensive evaluation, assessment, diagnosis, and projected	40943
habilitation plan for the respondent, and shall order the	40944
implementation of the least restrictive alternative available and	40945
consistent with habilitation goals.	40946

(F) If, at any time it is determined by the director of the	40947
facility or program to which, or the person to whom, the	40948
respondent is committed that the respondent could be equally well	40949
habilitated in a less restrictive environment that is available,	40950
the following shall occur:	40951

(1) The respondent shall be released by the director of the	40952
facility or program or by the person forthwith and referred to the	40953
court together with a report of the findings and recommendations	40954
of the facility, program, or person.	40955

(2) The director of the facility or program or the person	40956
shall notify the respondent's counsel and the designee of the	40957
director of mental retardation and developmental disabilities.	40958

(3) The court shall dismiss the case or order placement in	40959
the less restrictive environment.	40960

(G)(1) Except as provided in divisions (G)(2) and (3) of	40961
this section, any person who has been committed under this section	40962
may apply at any time during the ninety-day period for voluntary	40963
admission to an institution under section 5123.69 of the Revised	40964
Code. Upon admission of a voluntary resident, the managing	40965
officer immediately shall notify the court, the respondent's	40966
counsel, and the designee of the director in writing of that fact	40967
by mail or otherwise, and, upon receipt of the notice, the court	40968
shall dismiss the case. is admitted	40969

(2) admitted A person who is found incompetent to stand trial	40970
or not guilty by reason of insanity and who is committed pursuant	40971
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	40972
Code shall not be voluntarily admitted to an institution pursuant	40973
to division (G)(1) of this section until after the termination of	40974
the commitment, as described in division (J) of section 2945.401	40975
of the Revised Code.	40976

(H) If, at the end of any commitment period, the respondent	40977
has not already been discharged or has not requested voluntary	40978
admission status, the director of the facility or program, or the	40979
person to whose care the respondent has been committed, shall	40980
discharge the respondent forthwith, unless at least ten days	40981
before the expiration of that period the designee of the director	40982
of mental retardation and developmental disabilities or the	40983
prosecutor files an application with the court requesting	40984
continued commitment.	40985

(1) An application for continued commitment shall include a	40986
written report containing a current comprehensive evaluation and	40987
assessment, a diagnosis, a prognosis, an account of progress and	40988
past habilitation, and a description of alternative habilitation	40989
settings and plans, including a habilitation setting that is the	40990
least restrictive setting consistent with the need for	40991
habilitation. A copy of the application shall be provided to	40992
respondent's counsel. The requirements for notice under section	40993
5123.73 of the Revised Code and the provisions of divisions (A) to	40994
(E) of this section apply to all hearings on such applications.	40995

(2) A hearing on the first application for continued	40996
commitment shall be held at the expiration of the first ninety-day	40997
period. The hearing shall be mandatory and may not be waived.	40998

(3) Subsequent periods of commitment not to exceed one	40999
hundred eighty days each may be ordered by the court if the	41000
designee of the director of mental retardation and developmental	41001
disabilities files an application for continued commitment, after	41002
a hearing is held on the application or without a hearing if no	41003
hearing is requested and no hearing required under division (H)(4)	41004
of this section is waived. Upon the application of a person	41005
involuntarily committed under this section, supported by an	41006
affidavit of a licensed physician alleging that the person is no	41007
longer a mentally retarded person subject to institutionalization	41008
by court order, the court for good cause shown may hold a full	41009
hearing on the person's continued commitment prior to the	41010
expiration of any subsequent period of commitment set by the	41011
court.	41012

(4) A mandatory hearing shall be held at least every two	41013
years after the initial commitment.	41014

(5) If the court, after a hearing upon a request to continue	41015
commitment, finds that the respondent is a mentally retarded	41016
person subject to institutionalization by court order, the court	41017
may make an order pursuant to divisions (C), (D), and (E) of this	41018
section.	41019

(I) Notwithstanding the provisions of division (H) of this	41020
section, no person who is found to be a mentally retarded person	41021
subject to institutionalization by court order pursuant to	41022
division (L)(P)(2) of section 5123.01 of the Revised Code shall be	41023
held under involuntary commitment for more than five years.	41024

(J) The managing officer admitting a person pursuant to a	41025
judicial proceeding, within ten working days of the admission,	41026
shall make a report of the admission to the department.	41027

entity entity entity entity

41028

Sec. 5126.01.  As used in this chapter:

41029

(A) "Adult services" means a range of habilitation services	41030
designed to meet the individual needs of persons As used in this	41031
division, "adult" means an individual who are is eighteen years of	41032
age or over and are not enrolled in a program or service under	41033
Chapter 3323. of the Revised Code, and of persons an individual	41034
sixteen and or seventeen years of age who are is eligible for	41035
adult services under rules adopted by the director of mental	41036
retardation and developmental disabilities pursuant to Chapter	41037
119. of the Revised Code. Such services may include habilitation	41038
programs and services, sheltered employment providing a structured	41039
work environment, job training, job placement, supported	41040
employment, competitive employment, and planned therapeutic and	41041
work activities providing meaningful tasks designed to improve the	41042
effectiveness or degree with which an individual meets the	41043
standards of personal independence and social responsibility	41044
expected of the individual's age and cultural group	41045

(1) "Adult services" means services provided to an adult	41046
outside the home, except when they are provided within the home	41047
according to an individual's assessed needs and identified in an	41048
individual service plan, that support learning and assistance in	41049
the area of self-care, sensory and motor development,	41050
socialization, daily living skills, communication, community	41051
living, social skills, or vocational skills.	41052

(2) "Adult services" includes all of the following:

41053

(a) Adult day habilitation services;

41054

(b) Adult day care;

41055

(c) Prevocational services;

41056

(d) Educational experiences and training obtained through	41057
entities and activities that are not expressly intended for	41058
individuals with mental retardation and developmental	41059
disabilities, including trade schools, vocational or technical	41060
schools, adult education, job exploration and sampling, unpaid	41061
work experience in the community, volunteer activities, and	41062
spectator sports.	41063

(3) "Adult services" does not include community or supported	41064
employment services.	41065

(B)(1) "Adult day habilitation services" means adult	41066
services that do the following:	41067

(a) Provide access to and participation in typical	41068
activities and functions of community life that are desired and	41069
chosen by the general population, including such activities and	41070
functions as opportunities to experience and participate in	41071
community exploration, companionship with friends and peers,	41072
leisure activities, hobbies, maintaining family contacts,	41073
community events, and activities where individuals without	41074
disabilities are involved;	41075

(b) Provide supports or a combination of training and	41076
supports that afford an individual a wide variety of opportunities	41077
to facilitate and build relationships and social supports in the	41078
community.	41079

(2) "Adult day habilitation services" includes all of the	41080
following:	41081

(a) Personal care services needed to ensure an individual's	41082
ability to experience and participate in vocational services,	41083
educational services, community activities, and any other adult	41084
day habilitation services;	41085

(b) Skilled services provided while receiving adult day	41086
habilitation services, including such skilled services as behavior	41087
management intervention, occupational therapy, speech and language	41088
therapy, physical therapy, and nursing services;	41089

(c) Training and education in self-determination designed	41090
to help the individual do one or more of the following: develop	41091
self-advocacy skills, exercise the individual's civil rights,	41092
acquire skills that enable the individual to exercise control and	41093
responsibility over the services received, and acquire skills that	41094
enable the individual to become more independent, integrated, or	41095
productive in the community;	41096

(d) Recreational and leisure activities identified in the	41097
individual's service plan as therapeutic in nature or assistive in	41098
developing or maintaining social supports;	41099

(e) Transportation necessary to access adult day	41100
habilitation services;	41101

(f) Program management, as described in section 5126.14 of	41102
the Revised Code.	41103

(3) "Adult day habilitation services" does not include the	41104
following:	41105

(a) Activities that are components of the provision of	41106
residential services, family support services, or supported living	41107
services;	41108

(b) Counseling and assistance provided to obtain housing,	41109
including such counseling as identifying options for either rental	41110
or purchase, identifying financial resources, assessing needs for	41111
environmental modifications, locating housing, and planning for	41112
ongoing management and maintenance of the housing selected.	41113

(C) "Community employment services" or "supported	41114
employment services" means job training and other services related	41115
to employment outside a sheltered workshop. "Community employment	41116
services" or "supported employment services" include all of the	41117
following:	41118

(1) Job training resulting in the attainment of competitive	41119
work, supported work in a typical work environment, or	41120
self-employment;	41121

(2) Supervised work experience through an employer paid to	41122
provide the supervised work experience;	41123

(3) Ongoing work in a competitive work environment at a	41124
wage commensurate with workers without disabilities;	41125

(4) Ongoing supervision by an employer paid to provide the	41126
supervision.	41127

(D) As used in this division, "substantial functional	41128
limitation," "developmental delay," and "established risk" have	41129
the meanings established pursuant to section 5123.011 of the	41130
Revised Code.	41131

"Developmental disability" means a severe, chronic disability	41132
that is characterized by all of the following:	41133

(1) It is attributable to a mental or physical impairment or	41134
a combination of mental and physical impairments, other than a	41135
mental or physical impairment solely caused by mental illness as	41136
defined in division (A) of section 5122.01 of the Revised Code;	41137

(2) It is manifested before age twenty-two;

41138

(3) It is likely to continue indefinitely;

41139

(4) It results in one of the following:

41140

(a) In the case of a person under age three, at least one	41141
developmental delay or an established risk;	41142

(b) In the case of a person at least age three but under age	41143
six, at least two developmental delays or an established risk;	41144

(c) In the case of a person age six or older, a substantial	41145
functional limitation in at least three of the following areas of	41146
major life activity, as appropriate for the person's age:	41147
self-care, receptive and expressive language, learning, mobility,	41148
self-direction, capacity for independent living, and, if the	41149
person is at least age sixteen, capacity for economic	41150
self-sufficiency.	41151

(5) It causes the person to need a combination and sequence	41152
of special, interdisciplinary, or other type of care, treatment,	41153
or provision of services for an extended period of time that is	41154
individually planned and coordinated for the person.	41155

(C)(E) "Early childhood services" means a planned program of	41156
habilitation designed to meet the needs of individuals with mental	41157
retardation or other developmental disabilities who have not	41158
attained compulsory school age.	41159

(D)(F)(1) "Environmental modifications" means the physical	41160
adaptations to an individual's home, specified in the individual's	41161
service plan, that are necessary to ensure the individual's	41162
health, safety, and welfare or that enable the individual to	41163
function with greater independence in the home, and without which	41164
the individual would require institutionalization.	41165

(2) "Environmental modifications" includes such adaptations	41166
as installation of ramps and grab-bars, widening of doorways,	41167
modification of bathroom facilities, and installation of	41168
specialized electric and plumbing systems necessary to accommodate	41169
the individual's medical equipment and supplies.	41170

(3) "Environmental modifications" does not include physical	41171
adaptations or improvements to the home that are of general	41172
utility or not of direct medical or remedial benefit to the	41173
individual, including such adaptations or improvements as	41174
carpeting, roof repair, and central air conditioning.	41175

(G) "Family support services" means the services provided	41176
under a family support services program operated under section	41177
5126.11 of the Revised Code.	41178

(H) "Habilitation" means the process by which the staff of	41179
the facility or agency assists an individual with mental	41180
retardation or other developmental disability in acquiring and	41181
maintaining those life skills that enable the individual to cope	41182
more effectively with the demands of the individual's own person	41183
and environment, and in raising the level of the individual's	41184
personal, physical, mental, social, and vocational efficiency.	41185
Habilitation includes, but is not limited to, programs of formal,	41186
structured education and training.	41187

(E)(I) "Habilitation center services" means services	41188
provided by a habilitation center certified by the department of	41189
mental retardation and developmental disabilities under section	41190
5123.041 of the Revised Code and covered by the medicaid program	41191
pursuant to rules adopted under section 5111.041 of the Revised	41192
Code.	41193

(J) "Home and community-based services" means	41194
medicaid-funded home and community-based services provided under a	41195
medicaid component the department of mental retardation and	41196
developmental disabilities administers pursuant to section	41197
5111.871 of the Revised Code.	41198

(K) "Medicaid" has the same meaning as in section 5111.01	41199
of the Revised Code.	41200

(L) "Medicaid case management services" means case	41201
management services provided to an individual with mental	41202
retardation or other developmental disability that the state	41203
medicaid plan requires.	41204

(M) "Mental retardation" means a mental impairment	41205
manifested during the developmental period characterized by	41206
significantly subaverage general intellectual functioning existing	41207
concurrently with deficiencies in the effectiveness or degree with	41208
which an individual meets the standards of personal independence	41209
and social responsibility expected of the individual's age and	41210
cultural group.	41211

(F)(N) "Residential services" means services to individuals	41212
with mental retardation or other developmental disabilities to	41213
provide housing, food, clothing, habilitation, staff support, and	41214
related support services necessary for the health, safety, and	41215
welfare of the individuals and the advancement of their quality of	41216
life. "Residential services" includes program management, as	41217
described in section 5126.14 of the Revised Code.	41218

(G)(O) "Resources" means available capital and other assets,	41219
including moneys received from the federal, state, and local	41220
governments, private grants, and donations; appropriately	41221
qualified personnel; and appropriate capital facilities and	41222
equipment.	41223

(H)(P) "Service and support administration" means the duties	41224
performed by a service and support administrator pursuant to	41225
section 5126.15 of the Revised Code.	41226

(Q)(1) "Specialized medical, adaptive, and assistive	41227
equipment, supplies, and supports" means equipment, supplies, and	41228
supports that enable an individual to increase the ability to	41229
perform activities of daily living or to perceive, control, or	41230
communicate within the environment.	41231

(2) "Specialized medical, adaptive, and assistive equipment,	41232
supplies, and supports" includes the following:	41233

(a) Eating utensils, adaptive feeding dishes, plate guards,	41234
mylatex straps, hand splints, reaches, feeder seats, adjustable	41235
pointer sticks, interpreter services, telecommunication devices	41236
for the deaf, computerized communications boards, other	41237
communication devices, support animals, veterinary care for	41238
support animals, adaptive beds, supine boards, prone boards,	41239
wedges, sand bags, sidelayers, bolsters, adaptive electrical	41240
switches, hand-held shower heads, air conditioners, humidifiers,	41241
emergency response systems, folding shopping carts, vehicle lifts,	41242
vehicle hand controls, other adaptations of vehicles for	41243
accessibility, and repair of the equipment received.	41244

(b) Nondisposable items not covered by medicaid that are	41245
intended to assist an individual in activities of daily living or	41246
instrumental activities of daily living.	41247

(R) "Supportive home services" means a range of services to	41248
families of individuals with mental retardation or other	41249
developmental disabilities to develop and maintain increased	41250
acceptance and understanding of such persons, increased ability of	41251
family members to teach the person, better coordination between	41252
school and home, skills in performing specific therapeutic and	41253
management techniques, and ability to cope with specific	41254
situations.	41255

(I)(S)(1) "Supported living" means services provided for as	41256
long as twenty-four hours a day to an individual with mental	41257
retardation or other developmental disability through any public	41258
or private resources, including moneys from the individual, that	41259
enhance the individual's reputation in community life and advance	41260
the individual's quality of life by doing the following:	41261

(1)(a) Providing the support necessary to enable an	41262
individual to live in a residence of the individual's choice and	41263
to choose to live alone, with any number of individuals who are	41264
not disabled, or with not more than three individuals with mental	41265
retardation and developmental disabilities unless the individuals	41266
are related by blood or marriage;	41267

(2)(b) Encouraging the individual's participation in the	41268
community;	41269

(3)(c) Promoting the individual's rights and autonomy;

41270

(4) Encouraging the increase of the individual's (d)	41271
Assisting the individual in acquiring, retaining, and improving	41272
the skills and competence necessary to live successfully in the	41273
individual's residence.	41274

(2) "Supported living" includes the provision of housing all	41275
of the following:	41276

(a) Housing, food, clothing, habilitation, staff support,	41277
professional services, and any related support services necessary	41278
for to ensure the health, safety, and welfare of the individual	41279
receiving the services;	41280

(b) A combination of life-long or extended-duration	41281
supervision, training, and other services essential to daily	41282
living, including assessment and evaluation and assistance with	41283
the cost of training materials, transportation, fees, and	41284
supplies;	41285

(c) Personal care services and homemaker services;

41286

(d) Household maintenance that does not include	41287
modifications to the physical structure of the residence;	41288

(e) Respite care services;

41289

(f) Program management, as described in section 5126.14 of	41290
the Revised Code.	41291

Sec. 5126.035. (A) As used in this section:

41292

(1) "Aggrieved party" means the party to a service contract	41293
that is aggrieved by an action the other party has taken or not	41294
taken under the service contract.	41295

(2) "Other party" means the party to a service contract that	41296
has taken or not taken an action under the service contract that	41297
causes the aggrieved party to implement the mediation and	41298
arbitration provisions of the service contract required by this	41299
section.	41300

(3) "Parties" mean a county board of mental retardation and	41301
developmental disabilities and a provider that have a service	41302
contract with each other.	41303

(4) "Provider" means a person or government entity that	41304
provides services to an individual with mental retardation or	41305
other developmental disability pursuant to a service contract.	41306

(5) "Service contract" means a contract between a county	41307
board of mental retardation and developmental disabilities and a	41308
provider under which the provider is to provide services to an	41309
individual with mental retardation or other developmental	41310
disability.	41311

(B) Each service contract shall provide for the parties	41312
to follow the following mediation and arbitration procedures if a	41313
party takes or does not take an action under the service contract	41314
that causes the aggrieved party to be aggrieved:	41315

(1) No later than thirty days after first notifying the	41316
other party that the aggrieved party is aggrieved by an action	41317
that the other party has or has not taken or a later date approved	41318
by the department of mental retardation and developmental	41319
disabilities, the aggrieved party shall file a written notice of	41320
mediation and arbitration with the department and provide a copy	41321
of the written notice to the other party and the department of job	41322
and family services. The written notice shall include an	41323
explanation of why the aggrieved party is aggrieved.	41324

(2) Unless otherwise agreed to by both parties, the parties	41325
shall continue to operate under the contract in the manner they	41326
have been operating until the mediation and arbitration process,	41327
including an appeal under division (B)(8) of this section, if any,	41328
is completed.	41329

(3) During the thirty days following the date the aggrieved	41330
party files the written notice of mediation and arbitration under	41331
division (B)(1) of this section, the parties may attempt to	41332
resolve the conflict informally. If the parties are able to	41333
resolve the conflict informally within this time, the aggrieved	41334
party shall rescind the written notice of mediation and	41335
arbitration filed under division (B)(1) of this section.	41336

(4) No later than thirty days after the date the aggrieved	41337
party files the written notice of mediation and arbitration under	41338
division (B)(1) of this section, the parties shall mutually select	41339
an individual to conduct the mediation and arbitration and	41340
schedule the first meeting of the mediation unless the parties	41341
informally resolve the conflict under division (B)(3) of this	41342
section. If the parties fail to select an individual to conduct	41343
the mediation and arbitration within the required time, the	41344
parties shall request that the chief justice of the supreme court	41345
of Ohio provide the parties a list of five retired judges who are	41346
willing to perform the mediation and arbitration duties. The	41347
chief justice shall create such a list and provide it to the	41348
parties. To select the retired judge to conduct the mediation and	41349
arbitration, the parties shall take turns, beginning with the	41350
aggrieved party, striking retired judges from the list. The	41351
retired judge remaining on the list after both parties have each	41352
stricken two retired judges from the list shall perform the	41353
mediation and arbitration duties, including scheduling the first	41354
meeting of mediation if the parties are unable to agree on a date	41355
for the first meeting.	41356

(5) A stenographic record or tape recording and	41357
transcript of each mediation and arbitration meeting shall be	41358
maintained as part of the mediation and arbitration's official	41359
records. The parties shall share the cost of the mediation and	41360
arbitration, including the cost of the retired judge's services	41361
but excluding the cost of representation.	41362

(6) The first mediation meeting shall be held no later than	41363
sixty days after the date the aggrieved party files the written	41364
notice of mediation and arbitration under division (B)(1) of this	41365
section unless the parties informally resolve the conflict under	41366
division (B)(3) of this section or the parties mutually agree to	41367
hold the first meeting at a later time. The mediation shall be	41368
conducted in the manner the parties mutually agree. If the	41369
parties are unable to agree on how the mediation is to be	41370
conducted, the retired judge selected under division (B)(4) of	41371
this section shall determine how it is to be conducted. The rules	41372
of evidence may be used. The retired judge shall attempt to	41373
resolve the conflict through the mediation process. The retired	41374
judge's resolution of the conflict may be applied retroactively.	41375

(7) If the conflict is not resolved through the mediation	41376
process, the retired judge shall arbitrate the conflict. The	41377
parties shall present evidence to the retired judge in the manner	41378
the retired judge requires. The retired judge shall render a	41379
written decision based on the service contract, applicable law,	41380
and the preponderance of the evidence presented during the	41381
arbitration. The retired judge's decision may be applied	41382
retroactively.	41383

(8) No later than thirty days after the retired judge	41384
renders a decision in an arbitration, the retired judge shall	41385
inform the parties of the decision and forward the decision,	41386
transcripts from each arbitration meeting, and a copy of all	41387
evidence presented to the retired judge during the arbitration to	41388
the department of mental retardation and developmental	41389
disabilities.	41390

(9) No later than thirty days after the department of	41391
mental retardation and developmental disabilities receives the	41392
retired judge's decision and the materials required by division	41393
(B)(8) of this section, the department shall adopt, reject, or	41394
modify the retired judge's decision consistent with the retired	41395
judge's findings of fact and conclusions of law or remand any	41396
portion of the decision to the retired judge for further findings	41397
on a specific factual or legal issue. On receipt of the retired	41398
judge's response to the remand, the department shall adopt,	41399
reject, or modify the retired judge's response. The department's	41400
actions regarding the retired judge's decision and response are a	41401
final adjudication order subject to appeal to the court of common	41402
pleas of Franklin county under section 119.12 of the Revised Code,	41403
except that the court shall consider only whether the conclusions	41404
of law the department adopts are in accordance with the law.	41405

(10) If the department of mental retardation and	41406
developmental disabilities, in consultation with the department of	41407
job and family services, determines no later than thirty days	41408
following the date the department of mental retardation and	41409
developmental disabilities receives the retired judge's decision	41410
and the materials required by division (B)(8) of this section,	41411
that any aspect of the conflict between the parties affects the	41412
medicaid program, the department of mental retardation and	41413
developmental disabilities shall take all actions under division	41414
(B)(9) of this section in consultation with the department of job	41415
and family services.	41416

Sec. 5126.041.  (A) As used in this section:

41417

(1) "Biological risk" and "environmental risk" have the	41418
meanings established pursuant to section 5123.011 of the Revised	41419
Code.	41420

(2) "Handicapped preschool child" has the same meaning as in	41421
section 3323.01 of the Revised Code.	41422

(3) "State institution" means all or part of an institution	41423
under the control of the department of mental retardation and	41424
developmental disabilities pursuant to section 5123.03 of the	41425
Revised Code and maintained for the care, treatment, and training	41426
of the mentally retarded.	41427

(B) Except as provided in division (C) of this section, each	41428
county board of mental retardation and developmental disabilities	41429
shall make eligibility determinations in accordance with the	41430
definition of "developmental disability" in section 5126.01 of the	41431
Revised Code. Pursuant to rules the department of mental	41432
retardation and developmental disabilities shall adopt in	41433
accordance with Chapter 119. of the Revised Code, a county board	41434
may establish eligibility for programs and services for either of	41435
the following:	41436

(1) Individuals under age six who have a biological risk or	41437
environmental risk of a developmental delay;	41438

(2) Any handicapped preschool child eligible for services	41439
under section 3323.02 of the Revised Code whose handicap is not	41440
attributable solely to mental illness as defined in section	41441
5122.01 of the Revised Code.	41442

(C)(1) A county board shall make determinations of	41443
eligibility for case management services service and support	41444
administration in accordance with rules adopted under section	41445
5126.15 5126.08 of the Revised Code.	41446

(2) All persons who were eligible for services and enrolled	41447
in programs offered by a county board of mental retardation and	41448
developmental disabilities pursuant to this chapter on July 1,	41449
1991, shall continue to be eligible for those services and to be	41450
enrolled in those programs as long as they are in need of	41451
services.	41452

(3) A person who resided in a state institution on or before	41453
October 29, 1993, is eligible for programs and services offered by	41454
a county board of mental retardation and developmental	41455
disabilities, unless the person is determined by the county board	41456
not to be in need of those programs and services.	41457

(D) A county board shall refer a person who requests but is	41458
not eligible for programs and services offered by the board to	41459
other entities of state and local government or appropriate	41460
private entities that provide services.	41461

(E) Membership of a person on, or employment of a person by,	41462
a county board of mental retardation and developmental	41463
disabilities does not affect the eligibility of any member of that	41464
person's family for services provided by the board or by any	41465
entity under contract with the board.	41466

Sec. 5126.042.  (A) As used in this section:

41467

(1) "Emergency" means any situation that creates for an	41468
individual with mental retardation or developmental disabilities a	41469
risk of substantial self-harm or substantial harm to others if	41470
action is not taken within thirty days. An "emergency" may	41471
include one or more of the following situations:	41472

(a) Loss of present residence for any reason, including	41473
legal action;	41474

(b) Loss of present caretaker for any reason, including	41475
serious illness of the caretaker, change in the caretaker's	41476
status, or inability of the caretaker to perform effectively for	41477
the individual;	41478

(c) Abuse, neglect, or exploitation of the individual;

41479

(d) Health and safety conditions that pose a serious risk to	41480
the individual or others of immediate harm or death;	41481

(e) Change in the emotional or physical condition of the	41482
individual that necessitates substantial accommodation that cannot	41483
be reasonably provided by the individual's existing caretaker.	41484

(2) "Medicaid" has the same meaning as in section 5111.01 of	41485
the Revised Code.	41486

(3) "Priority" means any situation that would constitute an	41487
emergency except that action to resolve the situation may be taken	41488
in more than thirty but less than ninety days without creating a	41489
risk of substantial harm to self or others.	41490

(B) If a county board of mental retardation and	41491
developmental disabilities determines that available resources are	41492
not sufficient to meet the needs of all individuals who request	41493
programs and services and may be offered the programs and	41494
services, it shall establish waiting lists for services. The	41495
board may establish priorities for making placements on its	41496
waiting lists according to an individual's emergency or priority	41497
status and shall establish priorities in accordance with division	41498
(D) of this section.	41499

The individuals who may be placed on a waiting list include	41500
individuals with a need for services on an emergency or priority	41501
basis and individuals who have requested services for which	41502
resources are not available.	41503

An Except for an individual who is to receive priority for	41504
services pursuant to division (D)(2)(d) of this section, an	41505
individual who currently receives a service but would like to	41506
change to another service shall not be placed on a waiting list	41507
but shall be placed on a service substitution list. The board	41508
shall work with the individual, service providers, and all	41509
appropriate entities to facilitate the change in service as	41510
expeditiously as possible. The board may establish priorities for	41511
making placements on its service substitution lists according to	41512
an individual's emergency or priority status.	41513

In addition to maintaining waiting lists and service	41514
substitution lists, a board shall maintain a long-term service	41515
planning registry for individuals who wish to record their	41516
intention to request in the future a service they are not	41517
currently receiving. The purpose of the registry is to enable the	41518
board to document requests and to plan appropriately. The board	41519
may not place an individual on the registry who meets the	41520
conditions for receipt of services on an emergency or priority	41521
basis.	41522

(C) A county board shall establish a separate waiting list	41523
for each of the following categories of services, and may	41524
establish separate waiting lists within the waiting lists:	41525

(1) Early childhood services;

41526

(2) Educational programs for preschool and school age	41527
children;	41528

(3) Adult services;

41529

(4) Case management services service and support	41530
administration;	41531

(5) Residential services and supported living;

41532

(6) Transportation services;

41533

(7) Other services determined necessary and appropriate for	41534
persons with mental retardation or a developmental disability	41535
according to their individual habilitation or service plans;	41536

(8) Family support services provided under section 5126.11	41537
of the Revised Code.	41538

(D) Except as provided in division (E) of this section, a	41539
county board shall do all of the following in accordance with the	41540
county board's plan approved under section 5123.046 of the Revised	41541
Code:	41542

(1) For the purpose of obtaining additional federal	41543
medicaid funds for home and community-based services, medicaid	41544
case management services, and habilitation center services, do	41545
both of the following:	41546

(a) Give an individual who is eligible for home and	41547
community-based services and meets both of the following	41548
requirements priority over any other individual on a waiting list	41549
established under division (C) of this section for home and	41550
community-based services that include supported living,	41551
residential services, or family support services:	41552

(i) Is twenty-two years of age or older;

41553

(ii) Receives supported living or family support services.

41554

(b) Give an individual who is eligible for home and	41555
community-based services and meets both of the following	41556
requirements priority over any other individual on a waiting list	41557
established under division (C) of this section for home and	41558
community-based services that include adult services:	41559

(i) Resides in the individual's own home or the home of the	41560
individual's family and will continue to reside in that home after	41561
enrollment in home and community-based services;	41562

(ii) Receives adult services from the county board.

41563

(2) As federal medicaid funds become available pursuant to	41564
division (D)(1) of this section, give an individual who is	41565
eligible for home and community-based services and meets any of	41566
the following requirements priority for such services over any	41567
other individual on a waiting list established under division (C)	41568
of this section other than an individual given priority under	41569
division (D)(1) of this section:	41570

(a) Does not receive residential services or supported	41571
living, either needs services in the individual's current living	41572
arrangement or will need services in a new living arrangement, and	41573
has a primary caregiver who is sixty years of age or older;	41574

(b) Is less than twenty-two years of age, does not receive	41575
residential services or supported living, resides in the home of	41576
the individual's family, and has at least one of the following	41577
service needs that are unusual in scope or intensity:	41578

(i) Severe behavior problems for which a behavior support	41579
plan is needed;	41580

(ii) An emotional disorder for which anti-psychotic	41581
medication is needed;	41582

(iii) A medical condition that leaves the individual	41583
dependent on life-support medical technology;	41584

(iv) A condition affecting multiple body systems for which	41585
a combination of specialized medical, psychological, educational,	41586
or habilitation services are needed;	41587

(v) A condition the county board determines to be	41588
comparable in severity to any condition described in division	41589
(D)(1)(b)(i) to (iv) of this section and places the individual at	41590
significant risk of institutionalization.	41591

(c) Is twenty-two years of age or older and is determined	41592
by the county board to have intensive needs for residential	41593
services on an in-home or out-of-home basis;	41594

(d) Resides in an intermediate care facility for the	41595
mentally retarded or nursing facility, chooses to move to another	41596
setting, the department of mental retardation and developmental	41597
disabilities determines the individual is capable of residing in	41598
the other setting, and the county board has assessed the	41599
individual in accordance with the county board's medicaid local	41600
administrative authority under division (A)(1) of section 5126.055	41601
of the Revised Code.	41602

(E)(1) No individual may receive priority for services	41603
pursuant to division (D) of this section over an individual placed	41604
on a waiting list established under division (C) of this section	41605
on an emergency status.	41606

(2) No more than two hundred individuals in the state may	41607
receive priority for services during state fiscal years 2002 and	41608
2003 pursuant to division (D)(2)(b) of this section.	41609

(3) No more than seventy-five individuals in the state may	41610
receive priority for services during state fiscal years 2002 and	41611
2003 pursuant to division (D)(2)(d) of this section.	41612

(F) Prior to establishing any waiting list under this	41613
section, a county board shall develop and implement a policy for	41614
waiting lists that complies with this section and rules that the	41615
department of mental retardation and developmental disabilities	41616
shall adopt in accordance with Chapter 119. of the Revised Code.	41617
The department's rules shall include procedures to be followed to	41618
ensure that the due process rights of individuals placed on	41619
waiting lists are not violated.	41620

Prior to placing an individual on a waiting list, the county	41621
board shall assess the service needs of the individual in	41622
accordance with all applicable state and federal laws. The county	41623
board shall place the individual on the appropriate waiting list	41624
and may place the individual on more than one waiting list. The	41625
county board shall notify the individual of the individual's	41626
placement and position on each waiting list on which the	41627
individual is placed.	41628

At least annually, the county board shall reassess the	41629
service needs of each individual on a waiting list. If it	41630
determines that an individual no longer needs a program or	41631
service, the county board shall remove the individual from the	41632
waiting list. If it determines that an individual needs a program	41633
or service other than the one for which the individual is on the	41634
waiting list, the county board shall provide the program or	41635
service to the individual or place the individual on a waiting	41636
list for the program or service in accordance with the board's	41637
policy for waiting lists.	41638

When a program or service for which there is a waiting list	41639
becomes available, the county board shall reassess the service	41640
needs of the individual next scheduled on the waiting list to	41641
receive that program or service. If the reassessment demonstrates	41642
that the individual continues to need the program or service, the	41643
board shall offer the program or service to the individual. If it	41644
determines that an individual no longer needs a program or	41645
service, the county board shall remove the individual from the	41646
waiting list. If it determines that an individual needs a program	41647
or service other than the one for which the individual is on the	41648
waiting list, the county board shall provide the program or	41649
service to the individual or place the individual on a waiting	41650
list for the program or service in accordance with the board's	41651
policy for waiting lists. The county board shall notify the	41652
individual of the individual's placement and position on the	41653
waiting list on which the individual is placed.	41654

(E)(G) A child subject to a determination made pursuant to	41655
section 121.38 of the Revised Code who requires the home and or	41656
community-based services provided through the medical assistance	41657
waiver programs operated medicaid component that the department of	41658
mental retardation and developmental disabilities administers	41659
under sections 5111.87 and 5111.88 section 5111.871 of the Revised	41660
Code shall receive services through the waiver programs adopted	41661
under Chapters 5111., 5123., and 5126. of the Revised Code that	41662
medicaid component. For all other services, a child subject to a	41663
determination made pursuant to section 121.38 of the Revised Code	41664
shall be treated as an emergency by the county boards and shall	41665
not be subject to a waiting list.	41666

(F)(H) Not later than the fifteenth day of March of each	41667
even-numbered year, each county board shall prepare and submit to	41668
the director of mental retardation and developmental disabilities	41669
its recommendations for the funding of services for individuals	41670
with mental retardation and developmental disabilities and its	41671
proposals for reducing the waiting lists for services.	41672

(G)(I) The following shall take precedence over the	41673
applicable provisions of this section:	41674

(1) Medicaid rules and regulations;

41675

(2) Any specific requirements that may be contained within a	41676
medicaid state plan amendment or waiver program that a county	41677
board has authority to administer or with respect to which it has	41678
authority to provide services, programs, or supports.	41679

Sec. 5126.046. (A) Each county board of mental retardation	41680
and developmental disabilities that has medicaid local	41681
administrative authority under division (A) of section 5126.055 of	41682
the Revised Code for habilitation, vocational, or community	41683
employment services provided as part of home and community-based	41684
services shall create a list of all persons and government	41685
entities eligible to provide such habilitation, vocational, or	41686
community employment services. If the county board chooses and is	41687
eligible to provide such habilitation, vocational, or community	41688
employment services, the county board shall include itself on the	41689
list. The county board shall make the list available to each	41690
individual with mental retardation or other developmental	41691
disability who resides in the county and is eligible for such	41692
habilitation, vocational, or community employment services. The	41693
county board shall also make the list available to such	41694
individuals' families.	41695

An individual with mental retardation or other	41696
developmental disability who is eligible for habilitation,	41697
vocational, or community employment services may choose the	41698
provider of the services.	41699

If a county board has medicaid local administrative	41700
authority under division (A) of section 5126.055 of the Revised	41701
Code for habilitation, vocational, and community employment	41702
services provided as part of home and community-based services,	41703
the county board shall pay the nonfederal share of the	41704
habilitation, vocational, and community employment services when	41705
required by section 5126.056 of the Revised Code. The department	41706
of mental retardation and developmental disabilities shall pay the	41707
nonfederal share of such habilitation, vocational, and community	41708
employment services when required by section 5123.047 of the	41709
Revised Code.	41710

(B) Each month, the department of mental retardation and	41711
developmental disabilities shall create a list of all persons and	41712
government entities eligible to provide residential services and	41713
supported living. The department shall include on the list all	41714
residential facilities licensed under section 5123.19 of the	41715
Revised Code and all supported living providers certified under	41716
section 5126.431 of the Revised Code. The department shall	41717
distribute the monthly lists to county boards that have local	41718
administrative authority under division (A) of section 5126.055 of	41719
the Revised Code for residential services and supported living	41720
provided as part of home and community-based services. A county	41721
board that receives a list shall make it available to each	41722
individual with mental retardation or other developmental	41723
disability who resides in the county and is eligible for such	41724
residential services or supported living. The county board shall	41725
also make the list available to the families of those individuals.	41726

An individual who is eligible for residential services or	41727
supported living may choose the provider of the residential	41728
services or supported living.	41729

If a county board has medicaid local administrative	41730
authority under division (A) of section 5126.055 of the Revised	41731
Code for residential services and supported living provided as	41732
part of home and community-based services, the county board shall	41733
pay the nonfederal share of the residential services and supported	41734
living when required by section 5126.056 of the Revised Code. The	41735
department shall pay the nonfederal share of the residential	41736
services and supported living when required by section 5123.047 of	41737
the Revised Code.	41738

(C) If a county board that has medicaid local	41739
administrative authority under division (A) of section 5126.055 of	41740
the Revised Code for home and community-based services violates	41741
the right established by this section of an individual to choose a	41742
provider that is qualified and willing to provide services to the	41743
individual, the individual shall receive timely notice that the	41744
individual may request a hearing under section 5101.35 of the	41745
Revised Code.	41746

(D) The departments of mental retardation and developmental	41747
disabilities and job and family services shall adopt rules in	41748
accordance with Chapter 119. of the Revised Code governing the	41749
implementation of this section. The rules shall include	41750
procedures for individuals to choose their service providers. The	41751
rules shall not be limited by a provider selection system	41752
established under section 5126.42 of the Revised Code, including	41753
any pool of providers created pursuant to a provider selection	41754
system.	41755

Sec. 5126.05.  (A) Subject to the rules established by the	41756
director of mental retardation and developmental disabilities	41757
pursuant to Chapter 119. of the Revised Code for programs and	41758
services offered pursuant to this chapter, and subject to the	41759
rules established by the state board of education pursuant to	41760
Chapter 119. of the Revised Code for programs and services offered	41761
pursuant to Chapter 3323. of the Revised Code, the county board of	41762
mental retardation and developmental disabilities shall:	41763

(1) Administer and operate facilities, programs, and	41764
services as provided by this chapter and Chapter 3323. of the	41765
Revised Code and establish policies for their administration and	41766
operation;	41767

(2) Coordinate, monitor, and evaluate existing services and	41768
facilities available to individuals with mental retardation and	41769
developmental disabilities;	41770

(3) Provide early childhood services, supportive home	41771
services, and adult services, according to the plan and priorities	41772
developed under section 5126.04 of the Revised Code;	41773

(4) Provide or contract for special education services	41774
pursuant to Chapters 3317. and 3323. of the Revised Code and	41775
ensure that related services, as defined in section 3323.01 of the	41776
Revised Code, are available according to the plan and priorities	41777
developed under section 5126.04 of the Revised Code;	41778

(5) Adopt a budget, authorize expenditures for the purposes	41779
specified in this chapter and do so in accordance with section	41780
319.16 of the Revised Code, approve attendance of board members	41781
and employees at professional meetings and approve expenditures	41782
for attendance, and exercise such powers and duties as are	41783
prescribed by the director;	41784

(6) Submit annual reports of its work and expenditures,	41785
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	41786
the director, the superintendent of public instruction, and the	41787
board of county commissioners at the close of the fiscal year and	41788
at such other times as may reasonably be requested;	41789

(7) Authorize all positions of employment, establish	41790
compensation, including but not limited to salary schedules and	41791
fringe benefits for all board employees, approve contracts of	41792
employment for management employees that are for a term of more	41793
than one year, employ legal counsel under section 309.10 of the	41794
Revised Code, and contract for employee benefits;	41795

(8) Provide case management services, as defined in rules	41796
adopted by the director of mental retardation and developmental	41797
disabilities, service and support administration in accordance	41798
with section 5126.15 5126.046 of the Revised Code;	41799

(9) Certify respite care homes pursuant to rules adopted	41800
under section 5123.171 of the Revised Code by the director of	41801
mental retardation and developmental disabilities.	41802

(B) To the extent that rules adopted under this section	41803
apply to the identification and placement of handicapped children	41804
under Chapter 3323. of the Revised Code, they shall be consistent	41805
with the standards and procedures established under sections	41806
3323.03 to 3323.05 of the Revised Code.	41807

(C) Any county board may enter into contracts with other	41808
such boards and with public or private, nonprofit, or	41809
profit-making agencies or organizations of the same or another	41810
county, to provide the facilities, programs, and services	41811
authorized or required, upon such terms as may be agreeable, and	41812
in accordance with this chapter and Chapter 3323. of the Revised	41813
Code and rules adopted thereunder and in accordance with sections	41814
307.86 and 5126.071 of the Revised Code.	41815

(D) A county board may combine transportation for children	41816
and adults enrolled in programs and services offered under section	41817
5126.12 with transportation for children enrolled in classes	41818
funded under section 3317.20 or units approved under section	41819
3317.05 of the Revised Code.	41820

(E) A county board may purchase all necessary insurance	41821
policies, may purchase equipment and supplies through the	41822
department of administrative services or from other sources, and	41823
may enter into agreements with public agencies or nonprofit	41824
organizations for cooperative purchasing arrangements.	41825

(F) A county board may receive by gift, grant, devise, or	41826
bequest any moneys, lands, or property for the benefit of the	41827
purposes for which the board is established and hold, apply, and	41828
dispose of the moneys, lands, and property according to the terms	41829
of the gift, grant, devise, or bequest. All money received by	41830
gift, grant, bequest, or disposition of lands or property received	41831
by gift, grant, devise, or bequest shall be deposited in the	41832
county treasury to the credit of such board and shall be available	41833
for use by the board for purposes determined or stated by the	41834
donor or grantor, but may not be used for personal expenses of the	41835
board members. Any interest or earnings accruing from such gift,	41836
grant, devise, or bequest shall be treated in the same manner and	41837
subject to the same provisions as such gift, grant, devise, or	41838
bequest.	41839

(G) The board of county commissioners shall levy taxes and	41840
make appropriations sufficient to enable the county board of	41841
mental retardation and developmental disabilities to perform its	41842
functions and duties, and may utilize any available local, state,	41843
and federal funds for such purpose.	41844

Sec. 5126.051.  (A) To the extent that resources are	41845
available, a county board of mental retardation and developmental	41846
disabilities may shall provide for or arrange residential services	41847
and supported living for individuals with mental retardation and	41848
developmental disabilities.	41849

A county board may acquire, convey, lease, or sell property	41850
for residential services and supported living and enter into loan	41851
agreements, including mortgages, for the acquisition of such	41852
property. A county board is not required to comply with	41853
provisions of Chapter 307. of the Revised Code providing for	41854
competitive bidding or sheriff sales in the acquisition, lease,	41855
conveyance, or sale of property under this division, but the	41856
acquisition, lease, conveyance, or sale must be at fair market	41857
value determined by appraisal of one or more disinterested persons	41858
appointed by the board.	41859

Any action taken by a county board under this division that	41860
will incur debt on the part of the county shall be taken in	41861
accordance with Chapter 133. of the Revised Code. A county board	41862
shall not incur any debt on the part of the county without the	41863
prior approval of the board of county commissioners.	41864

(B)(1) To the extent that resources are available, in	41865
addition to sheltered employment and work activities provided as	41866
adult services pursuant to division (A)(3) of section 5126.05 of	41867
the Revised Code, a county board of mental retardation and	41868
developmental disabilities may provide or arrange for job	41869
training, vocational evaluation, and community employment services	41870
to mentally retarded and developmentally disabled individuals who	41871
are age eighteen and older and not enrolled in a program or	41872
service under Chapter 3323. of the Revised Code or age sixteen or	41873
seventeen and eligible for adult services under rules adopted by	41874
the director of mental retardation and developmental disabilities	41875
under Chapter 119. of the Revised Code. These services shall be	41876
provided in accordance with the individual's individual service or	41877
habilitation plan and shall include support services specified in	41878
the plan.	41879

(2) A county board may, in cooperation with the Ohio	41880
rehabilitation services commission, seek federal funds for job	41881
training and community employment.	41882

(3) A county board may contract with any agency, board, or	41883
other entity that is accredited by the commission on accreditation	41884
of rehabilitation facilities to provide services. A county board	41885
that is accredited by the commission on accreditation of	41886
rehabilitation facilities may provide services for which it is	41887
certified by the commission.	41888

(C) To the extent that resources are available, a county	41889
board may provide services to an individual with mental	41890
retardation or other developmental disability in addition to those	41891
provided pursuant to this section, section 5126.05 of the Revised	41892
Code, or any other section of this chapter. The services shall be	41893
provided in accordance with the individual's habilitation or	41894
service plan and may be provided in collaboration with other	41895
entities of state or local government.	41896

Sec. 5126.053.  (A) As used in this section, "effective tax	41897
rate" has the same meaning as in section 5126.16 of the Revised	41898
Code.	41899

(B) Notwithstanding sections 5126.12 and 5126.15 of the	41900
Revised Code with regard to the distribution of state subsidies to	41901
county boards of mental retardation and developmental	41902
disabilities, the department of mental retardation and	41903
developmental disabilities shall, except as provided in division	41904
(D) of this section, reduce the funds provided under those	41905
sections to a county board in each year that the board, on the	41906
first day of January of that year, has an effective tax rate of	41907
less than one and one-half mills for general operations for	41908
programs under which the board provides or arranges the following:	41909

(1) Early childhood services pursuant to section 5126.05 of	41910
the Revised Code for children under age three;	41911

(2) Adult services pursuant to section 5126.05 and division	41912
(B) of section 5126.051 of the Revised Code for individuals age	41913
sixteen or older;	41914

(3) Case management services Service and support	41915
administration pursuant to section 5126.15 of the Revised Code.	41916

(C) If a county board is subject to the reduction required	41917
by this section, payments to the county board under sections	41918
5126.12 and 5126.15 of the Revised Code shall be made in the same	41919
percentage that the board's effective tax rate is of one and	41920
one-half mills.	41921

(D) A county board subject to the reduction required by this	41922
section may appeal to the department for an exemption from the	41923
reduction. The board may present evidence of its attempts to	41924
obtain passage of levies and any other extenuating circumstances	41925
the board considers relevant. The department shall grant an	41926
exemption if it determines that the board has made good faith	41927
efforts to obtain an effective tax rate of at least one and	41928
one-half mills for general operations for programs under which the	41929
services described in division (B) of this section are provided	41930
and arranged or that there are extenuating circumstances.	41931

Sec. 5126.054.  (A) Each county board of mental retardation	41932
and developmental disabilities shall, by resolution, develop a	41933
three-calendar year plan that includes all of the following	41934
components:	41935

(1) An assessment component that includes all of the	41936
following:	41937

(a) The number of individuals with mental retardation or	41938
other developmental disability residing in the county who need the	41939
level of care provided by an intermediate care facility for the	41940
mentally retarded, may seek home and community-based services, are	41941
given priority for the services pursuant to division (D) of	41942
section 5126.042 of the Revised Code; the service needs of those	41943
individuals; and the projected annualized cost for services;	41944

(b) The source of funds available to the county board to pay	41945
the nonfederal share of medicaid expenditures that the county	41946
board is required by division (A) of section 5126.056 of the	41947
Revised Code to pay;	41948

(c) Any other applicable information or conditions that the	41949
department of mental retardation and developmental disabilities	41950
requires as a condition of approving the plan under section	41951
5123.046 of the Revised Code.	41952

(2) A component that provides for the recruitment,	41953
training, and retention of existing and new direct care staff	41954
necessary to implement services included in individualized service	41955
plans, including behavior management services and health	41956
management services such as delegated nursing and other	41957
habilitation center services, and protect the health and welfare	41958
of individuals receiving services included in the individual's	41959
individualized service plan by complying with safeguards for	41960
unusual and major unusual incidents, day-to-day program	41961
management, and other requirements the department shall identify.	41962
A county board shall develop this component in collaboration with	41963
providers of medicaid-funded services with which the county board	41964
contracts. A county board shall include all of the following in	41965
the component:	41966

(a) The source and amount of funds available for the	41967
component;	41968

(b) A plan and timeline for implementing the component with	41969
the medicaid providers under contract with the county board;	41970

(c) The mechanisms the county board shall use to ensure the	41971
financial and program accountability of the medicaid provider's	41972
implementation of the component.	41973

(3) A component that provides for the implementation of	41974
habilitation center services, medicaid case management services,	41975
and home and community-based services. A county board shall	41976
include all of the following in the component:	41977

(a) If the department of mental retardation and	41978
developmental disabilities or department of job and family	41979
services requires, an agreement to pay the nonfederal share of	41980
medicaid expenditures that the county board is required by	41981
division (A) of section 5126.056 of the Revised Code to pay;	41982

(b) How the services are to be phased in over the period	41983
the plan covers, including how the county board will serve	41984
individuals on a waiting list established under division (C) of	41985
section 5126.042 who are given priority status under division	41986
(D)(1) of that section;	41987

(c) Any agreement or commitment regarding the county	41988
board's funding of home and community-based services that the	41989
county board has with the department at the time the county board	41990
develops the component;	41991

(d) Assurances adequate to the department that the county	41992
board will comply with all of the following requirements:	41993

(i) To use any additional funds the county board receives	41994
for the services to improve the county board's resource	41995
capabilities for supporting such services available in the county	41996
at the time the component is developed and to expand the services	41997
to accommodate the unmet need for those services in the county;	41998

(ii) To employ a business manager who is either a new	41999
employee who has earned at least a bachelor's degree in business	42000
administration or a current employee who has the equivalent	42001
experience of a bachelor's degree in business administration. If	42002
the county board will employ a new employee, the county board	42003
shall include in the component a timeline for employing the	42004
employee.	42005

(iii) To employ or contract with a medicaid services	42006
manager who is either a new employee who has earned at least a	42007
bachelor's degree or a current employee who has the equivalent	42008
experience of a bachelor's degree. If the county board will	42009
employ a new employee, the county board shall include in the	42010
component a timeline for employing the employee. Two or three	42011
county boards that have a combined total enrollment in county	42012
board services not exceeding one thousand individuals as	42013
determined pursuant to certifications made under division (B) of	42014
section 5126.12 of the Revised Code may satisfy this requirement	42015
by sharing the services of a medicaid services manager or using	42016
the services of a medicaid services manager employed by or under	42017
contract with a regional council that the county boards establish	42018
under section 5126.13 of the Revised Code.	42019

(e) An agreement to comply with the method, developed by	42020
rules adopted under section 5123.0413 of the Revised Code, of	42021
paying for extraordinary costs, including extraordinary costs for	42022
services to individuals with mental retardation or other	42023
developmental disability, and ensuring the availability of	42024
adequate funds in the event a county property tax levy for	42025
services for individuals with mental retardation or other	42026
developmental disability fails;	42027

(f) Programmatic and financial accountability measures and	42028
projected outcomes expected from the implementation of the plan;	42029

(g) Any other applicable information or conditions that the	42030
department requires as a condition of approving the plan under	42031
section 5123.046 of the Revised Code.	42032

(B) For the purpose of obtaining the department's approval	42033
under section 5123.046 of the Revised Code of the plan the county	42034
board develops under division (A) of this section, a county board	42035
shall do both of the following:	42036

(1) Submit the components required by divisions (A)(1) and	42037
(2) of this section to the department not later than August 1,	42038
2001;	42039

(2) Submit the component required by division (A)(3) of	42040
this section to the department not later than November 1, 2001.	42041

(C) A county board whose plan developed under division (A)	42042
of this section is approved by the department under section	42043
5123.046 of the Revised Code shall update and renew the plan in	42044
accordance with a schedule the department shall develop.	42045

Sec. 5126.055.  (A) Except as provided in division (G) of	42046
this section, a county board of mental retardation and	42047
developmental disabilities with an approved plan under section	42048
5123.046 of the Revised Code has medicaid local administrative	42049
authority to, and shall, do all of the following for an individual	42050
with mental retardation or other developmental disability who	42051
resides in the county that the county board serves and seeks or	42052
receives home or community-based services:	42053

(1) Perform assessments and evaluations of the individual	42054
and assist the department of mental retardation and developmental	42055
disabilities in expediting the enrollment of individuals given	42056
priority for the services under division (D)(2)(d) of section	42057
5126.042 of the Revised Code into the services. As part of the	42058
assessment and evaluation process, the county board shall do all	42059
of the following:	42060

(a) Make a recommendation to the department of mental	42061
retardation and developmental disabilities on whether the	42062
department should approve or deny the individual's application for	42063
the services, including on the basis of whether the individual	42064
needs the level of care an intermediate care facility for the	42065
mentally retarded provides;	42066

(b) If the individual's application is denied because of the	42067
county board's recommendation and the individual requests a	42068
hearing under section 5101.35 of the Revised Code, present, with	42069
the department of mental retardation and developmental	42070
disabilities or department of job and family services, whichever	42071
denies the application, the reasons for the recommendation and	42072
denial at the hearing;	42073

(c) If the individual's application is approved, recommend	42074
to the departments of mental retardation and developmental	42075
disabilities and job and family services the services that should	42076
be included in the individual's individualized service plan and,	42077
if either department approves, reduces, denies, or terminates a	42078
service included in the individual's individualized service plan	42079
under section 5111.871 of the Revised Code because of the county	42080
board's recommendation, present, with the department that made the	42081
approval, reduction, denial, or termination, the reasons for the	42082
recommendation and approval, reduction, denial, or termination at	42083
a hearing under section 5101.35 of the Revised Code.	42084

(2) In accordance with the rules adopted under section	42085
5126.046 of the Revised Code, perform the county board's duties	42086
under that section regarding assisting the individual's right to	42087
choose a qualified and willing provider of the services and, at a	42088
hearing under section 5101.35 of the Revised Code, present	42089
evidence of the process for appropriate assistance in choosing	42090
providers;	42091

(3) Unless the county board provides the services under	42092
division (A)(4) of this section, contract with the person or	42093
government entity the individual chooses in accordance with	42094
section 5126.046 of the Revised Code to provide the services if	42095
the person or government entity is qualified and agrees to provide	42096
the services. The contract shall contain all the provisions	42097
required by section 5126.057 of the Revised Code and require the	42098
provider to agree to furnish, in accordance with the provider's	42099
medicaid provider agreement and for the authorized reimbursement	42100
rate, the services the individual requires.	42101

(4) If the county board is certified under section 5123.045	42102
of the Revised Code to provide the services and agrees to provide	42103
the services to the individual and the individual chooses the	42104
county board to provide the services, furnish, in accordance with	42105
the county board's medicaid provider agreement and for the	42106
authorized reimbursement rate, the services the individual	42107
requires;	42108

(5) Monitor the services provided to the individual and	42109
ensure the individual's health, safety, and welfare. The	42110
monitoring shall include quality assurance activities. If the	42111
county board provides the services, the department of mental	42112
retardation and developmental disabilities shall also monitor the	42113
services.	42114

(6) Develop, with the individual and the provider of the	42115
individual's services, an effective individualized service plan	42116
that includes coordination of services, recommend that the	42117
departments of mental retardation and developmental disabilities	42118
and job and family services approve the plan, and implement the	42119
plan unless either department disapproves it.	42120

(B) Except as provided in division (G) of this section, a	42121
county board with an approved plan under section 5123.046 of the	42122
Revised Code has medicaid local administrative authority to, and	42123
shall, do all of the following for an individual with mental	42124
retardation or other developmental disability who resides in the	42125
county that the county board serves and seeks or receives medicaid	42126
case management services or habilitation center services, other	42127
than habilitation center services for which a school district is	42128
required by division (E) of section 5111.041 of the Revised Code	42129
to pay the nonfederal share:	42130

(1) Perform assessments and evaluations of the individual	42131
for the purpose of recommending to the departments of mental	42132
retardation and developmental disabilities and job and family	42133
services the services that should be included in the individual's	42134
individualized service plan;	42135

(2) If the department of mental retardation and	42136
developmental disabilities or department of job and family	42137
services approves, reduces, denies, or terminates a service	42138
included in the individual's individualized service plan under	42139
section 5111.041 or 5111.042 of the Revised Code because of the	42140
county board's recommendation under division (B)(1) of this	42141
section, present, with the department that made the approval,	42142
reduction, denial, or termination, the reasons for the	42143
recommendation and approval, reduction, denial, or termination at	42144
a hearing under section 5101.35 of the Revised Code and inform the	42145
individual that the individual may file a complaint with the	42146
county board under section 5126.06 of the Revised Code at the same	42147
time the individual pursues an appeal under section 5101.35 of the	42148
Revised Code;	42149

(3) In accordance with rules the departments of mental	42150
retardation and developmental disabilities and job and family	42151
services shall adopt in accordance with Chapter 119. of the	42152
Revised Code governing the process for individuals to choose	42153
providers of medicaid case management services and habilitation	42154
center services, assist the individual in choosing the provider of	42155
the services. The rules shall provide for both of the following:	42156

(a) The county board providing the individual up-to-date	42157
information about qualified providers that the department of	42158
mental retardation and developmental disabilities shall make	42159
available to the county board;	42160

(b) If the individual chooses a provider who is qualified	42161
and willing to provide the services but is denied that provider,	42162
the individual receiving timely notice that the individual may	42163
request a hearing under section 5101.35 of the Revised Code and,	42164
at the hearing, the county board presenting evidence of the	42165
process for appropriate assistance in choosing providers.	42166

(4) Unless the county board provides the services under	42167
division (B)(5) of this section, contract with the person or	42168
government entity that the individual chooses in accordance with	42169
the rules adopted under division (B)(3) of this section to provide	42170
the services if the person or government entity is qualified and	42171
agrees to provide the services. The contract shall contain all	42172
the provisions required by section 5126.057 of the Revised Code	42173
and require the provider to agree to furnish, in accordance with	42174
the provider's medicaid provider agreement and for the authorized	42175
reimbursement rate, the services the individual requires.	42176

(5) If the county board is certified under section 5123.041	42177
of the Revised Code to provide the services and agrees to provide	42178
the services to the individual and the individual chooses the	42179
county board to provide the services, furnish, in accordance with	42180
the county board's medicaid provider agreement and for the	42181
authorized reimbursement rate, the services the individual	42182
requires;	42183

(6) Monitor the services provided to the individual. The	42184
monitoring shall include quality assurance activities. If the	42185
county board provides the services, the department of mental	42186
retardation and developmental disabilities shall also monitor the	42187
services.	42188

(7) Develop with the individual and the provider of the	42189
individual's services, and with the approval of the departments of	42190
mental retardation and developmental disabilities and job and	42191
family services, implement an effective plan for coordinating the	42192
services in accordance with the individual's approved	42193
individualized service plan.	42194

(C) A county board shall perform its medicaid local	42195
administrative authority under this section in accordance with all	42196
of the following:	42197

(1) The county board's plan that the department of mental	42198
retardation and developmental disabilities approves under section	42199
5123.046 of the Revised Code;	42200

(2) All applicable federal and state laws;

42201

(3) All applicable policies of the departments of mental	42202
retardation and developmental disabilities and job and family	42203
services and the United States department of health and human	42204
services;	42205

(4) The department of job and family services' supervision	42206
under its authority under section 5111.01 of the Revised Code to	42207
act as the single state medicaid agency;	42208

(5) The department of mental retardation and developmental	42209
disabilities' oversight.	42210

(D) The departments of mental retardation and developmental	42211
disabilities and job and family services shall communicate with	42212
and provide training to county boards regarding medicaid local	42213
administrative authority granted by this section. The	42214
communication and training shall include issues regarding audit	42215
protocols and other standards established by the United States	42216
department of health and human services that the departments	42217
determine appropriate for communication and training. County	42218
boards shall participate in the training. The departments shall	42219
assess the county board's compliance against uniform standards	42220
that the departments shall establish.	42221

(E) A county board may not delegate its medicaid local	42222
administrative authority granted under this section but may	42223
contract with a person or government entity, including a council	42224
of governments, for assistance with its medicaid local	42225
administrative authority. A county board that enters into such a	42226
contract shall notify the director of mental retardation and	42227
developmental disabilities. The notice shall include the tasks	42228
and responsibilities that the contract gives to the person or	42229
government entity. The person or government entity shall comply	42230
in full with all requirements to which the county board is subject	42231
regarding the person or government entity's tasks and	42232
responsibilities under the contract. The county remains	42233
ultimately responsible for the tasks and responsibilities.	42234

(F) A county board that has medicaid local administrative	42235
authority under this section shall, through the departments of	42236
mental retardation and developmental disabilities and job and	42237
family services, reply to, and cooperate in arranging compliance	42238
with, a program or fiscal audit or program violation exception	42239
that a state or federal audit or review discovers. The department	42240
of job and family services shall timely notify the department of	42241
mental retardation and developmental disabilities and the county	42242
board of any adverse findings. After receiving the notice, the	42243
county board, in conjunction with the department of mental	42244
retardation and developmental disabilities, shall cooperate fully	42245
with the department of job and family services and timely prepare	42246
and send to the department a written plan of correction or	42247
response to the adverse findings. The county board is liable for	42248
any adverse findings that result from an action it takes or fails	42249
to take in its implementation of medicaid local administrative	42250
authority.	42251

(G)(1) If the department of mental retardation and	42252
developmental disabilities or department of job and family	42253
services determines that a county board's implementation of its	42254
medicaid local administrative authority under this section is	42255
deficient, the department that makes the determination shall	42256
require that county board do the following:	42257

(a) If the deficiency affects the health, safety, or	42258
welfare of an individual with mental retardation or other	42259
developmental disability, correct the deficiency within	42260
twenty-four hours;	42261

(b) If the deficiency does not affect the health, safety,	42262
or welfare of an individual with mental retardation or other	42263
developmental disability, receive technical assistance from the	42264
department or submit a plan of correction to the department that	42265
is acceptable to the department within sixty days and correct the	42266
deficiency within the time required by the plan of correction.	42267

(2) If the county board fails to correct a deficiency	42268
within the time required by division (G)(1) of this section to the	42269
satisfaction of the department, or submit an acceptable plan of	42270
correction within the time required by division (G)(1)(b) of this	42271
section, the department shall issue an order terminating the	42272
county board's medicaid local administrative authority over all or	42273
part of home and community-based services, medicaid managed care	42274
services, habilitation center services, all or part of two of	42275
those services, or all or part of all three of those services. The	42276
department shall provide a copy of the order to the board of	42277
county commissioners, probate judge, county auditor, and president	42278
and superintendent of the county board. The department shall	42279
specify in the order the medicaid local administrative authority	42280
that the department is terminating, the reason for the	42281
termination, and the county board's option and responsibilities	42282
under this division.	42283

A county board whose medicaid local administrative authority	42284
is terminated may, no later than thirty days after the department	42285
issues the termination order, recommend to the department that	42286
another county board that has not had any of its medicaid local	42287
administrative authority terminated or another entity the	42288
department approves administer the services for which the county	42289
board's medicaid local administrative authority is terminated. The	42290
department may contract with the other county board or entity to	42291
administer the services. If the department enters into such a	42292
contract, the county board shall adopt a resolution giving the	42293
other county board or entity full medicaid local administrative	42294
authority over the services that the other county board or entity	42295
is to administer. The other county board or entity shall be known	42296
as the contracting authority.	42297

If the county board does not submit a recommendation to the	42298
department regarding a contracting authority within the required	42299
time or the department rejects the county board's recommendation,	42300
the department shall appoint an administrative receiver to	42301
administer the services for which the county board's medicaid	42302
local administrative authority is terminated. To the extent	42303
necessary for the department to appoint an administrative	42304
authority, the department may utilize employees of the department,	42305
management personnel from another county board, or other	42306
individuals who are not employed by or affiliated with in any	42307
manner a person or government entity that provides home and	42308
community-based services, medicaid managed care services, or	42309
habilitation center services pursuant to a contract with the	42310
county board. The administrative receiver shall assume full	42311
administrative responsibility for the county board's services for	42312
which the county board's medicaid local administrative authority	42313
is terminated.	42314

The contracting authority or administrative receiver shall	42315
develop and submit to the department a plan of correction to	42316
remediate the problems that caused the department to issue the	42317
termination order. If, after reviewing the plan, the department	42318
approves it, the contracting authority or administrative receiver	42319
shall implement the plan.	42320

The county board shall transfer control of state and federal	42321
funds it is otherwise eligible to receive for the services for	42322
which the county board's medicaid local administrative authority	42323
is terminated to the contracting authority or administrative	42324
receiver administering the services. The amount the county board	42325
shall transfer shall be the amount necessary for the contracting	42326
authority or administrative receiver to fulfill its duties in	42327
administering the services, including its duties to pay its	42328
personnel for time worked, travel, and related matters. If the	42329
county board fails to make the transfer, the department may	42330
withhold the state and federal funds from the county board or	42331
bring a mandamus action against the county board in the court of	42332
common pleas of the county served by the county board or in the	42333
Franklin county court of common pleas.	42334

The contracting authority or administrative receiver has the	42335
right to authorize the payment of bills in the same manner that	42336
the county board may authorize payment of bills under this chapter	42337
and section 319.16 of the Revised Code.	42338

Sec. 5126.056. (A) A county board of mental retardation and	42339
developmental disabilities that has medicaid local administrative	42340
authority under division (A) of section 5126.055 of the Revised	42341
Code for home and community-based services shall pay the	42342
nonfederal share of medicaid expenditures for such services	42343
provided to an individual with mental retardation or other	42344
developmental disability who the county board determines under	42345
section 5126.041 of the Revised Code is eligible for county board	42346
services unless division (C)(2) of section 5123.047 of the Revised	42347
Code requires the department of mental retardation and	42348
developmental disabilities to pay the nonfederal share.	42349

A county board that has medicaid local administrative	42350
authority under division (B) of section 5126.055 of the Revised	42351
Code for medicaid case management services shall pay the	42352
nonfederal share of medicaid expenditures for such services	42353
provided to an individual with mental retardation or other	42354
developmental disability who the county board determines under	42355
section 5126.041 of the Revised Code is eligible for county board	42356
services unless division (B)(2) of section 5123.047 of the Revised	42357
Code requires the department of mental retardation and	42358
developmental disabilities to pay the nonfederal share.	42359

A county board shall pay the nonfederal share of medicaid	42360
expenditures for habilitation center services when required to do	42361
so by division (D) of section 5111.041 of the Revised Code.	42362

(B) A county board may use the following funds to pay the	42363
nonfederal share of the services that the county board is required	42364
by division (A) of this section to pay:	42365

(1) To the extent consistent with the levy that generated	42366
the taxes, the following taxes:	42367

(a) Taxes levied pursuant to division (L) of section 5705.19	42368
of the Revised Code and section 5705.222 of the Revised Code;	42369

(b) Taxes levied under section 5705.191 of the Revised Code	42370
that the board of county commissioners allocates to the county	42371
board to pay the nonfederal share of the services.	42372

(2) Funds that the department of mental retardation and	42373
developmental disabilities distributes to the county board under	42374
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	42375
Revised Code;	42376

(3) Funds that the department allocates to the county board	42377
for habilitation center services provided under section 5111.041	42378
of the Revised Code;	42379

(4) Earned federal revenue funds the county board receives	42380
for medicaid services the county board provides pursuant to the	42381
county board's valid medicaid provider agreement.	42382

(C) If by December 31, 2001, the United States secretary of	42383
health and human services approves at least five hundred more	42384
slots for home and community-based services for calendar year 2002	42385
than were available for calendar year 2001, each county board	42386
shall provide, by the last day of calendar year 2001, assurances	42387
to the department of mental retardation and developmental	42388
disabilities that the county board will have for calendar year	42389
2002 at least one-third of the value of one-half, effective mill	42390
levied in the county the preceding year available to pay the	42391
nonfederal share of the services that the county board is required	42392
by division (A) of this section to pay.	42393

If by December 31, 2002, the United States secretary approves	42394
at least five hundred more slots for home and community-based	42395
services for calendar year 2003 than were available for calendar	42396
year 2002, each county board shall provide, by the last day of	42397
calendar year 2002, assurances to the department that the county	42398
board will have for calendar year 2003 at least two-thirds of the	42399
value of one-half, effective mill levied in the county the	42400
preceding year available to pay the nonfederal share of the	42401
services that the county board is required by division (A) of this	42402
section to pay.	42403

If by December 31, 2003, the United States secretary approves	42404
at least five hundred more slots for home and community-based	42405
services for calendar year 2004 than were available for calendar	42406
year 2003, each county board shall provide, by the last day of	42407
calendar year 2003 and each calendar year thereafter, assurances	42408
to the department that the county board will have for calendar	42409
year 2004 and each calendar year thereafter at least the value of	42410
one-half, effective mill levied in the county the preceding year	42411
available to pay the nonfederal share of the services that the	42412
county board is required by division (A) of this section to pay.	42413

(D) Each year, each county board shall adopt a resolution	42414
specifying the amount of funds it will use in the next year to pay	42415
the nonfederal share of the services that the county board is	42416
required by division (A) of this section to pay. The amount	42417
specified shall be adequate to assure that the services will be	42418
available in the county in a manner that conforms to all	42419
applicable state and federal laws. A county board shall state in	42420
its resolution that the payment of the nonfederal share represents	42421
an ongoing financial commitment of the county board. A county	42422
board shall adopt the resolution in time for the county auditor to	42423
make the determination required by division (E) of this section.	42424

(E) Each year, a county auditor shall determine whether the	42425
amount of funds a county board specifies in the resolution it	42426
adopts under division (D) of this section will be available in the	42427
following year for the county board to pay the nonfederal share of	42428
the services that the county board is required by division (A) of	42429
this section to pay. The county auditor shall make the	42430
determination not later than the last day of the year before the	42431
year in which the funds are to be used.	42432

Sec. 5126.057. (A) Each contract that a county board of	42433
mental retardation and developmental disabilities enters into with	42434
a person or government entity under section 5126.055 of the	42435
Revised Code to provide home and community-based services,	42436
medicaid case management services, or habilitation center services	42437
shall comply with rules adopted under division (D) of this section	42438
and include a general operating agreement component and an	42439
individual service needs addendum.	42440

(B) The general operating agreement component shall	42441
include all of the following:	42442

(1) The roles and responsibilities of the county board	42443
regarding services for individuals with mental retardation or	42444
other developmental disability who reside in the county the county	42445
board serves;	42446

(2) The roles and responsibilities of the provider;

42447

(3) Procedures for the county board to monitor the	42448
provider's services;	42449

(4) Procedures for the county board to evaluate the quality	42450
of care and cost effectiveness of the provider's services;	42451

(5) Procedures for payment of eligible claims;

42452

(6) Procedures for reimbursement that conform to the	42453
statewide reimbursement process and the county board's plan	42454
submitted under section 5126.054 of the Revised Code;	42455

(7) Procedures for the county board to perform service	42456
utilization reviews and the implementation of required corrective	42457
actions;	42458

(8) Procedures that ensure that the county board pays the	42459
nonfederal share of the medicaid expenditures that the county	42460
board is required by division (A) of section 5126.056 of the	42461
Revised Code to pay;	42462

(9) Procedures for the provider to submit claims for	42463
payment for a service no later than three hundred thirty days	42464
after the date the service is provided;	42465

(10) Procedures for rejecting claims for payment that are	42466
submitted after the time required by division (B)(9) of this	42467
section;	42468

(11) Procedures for developing, modifying, and executing	42469
initial and subsequent service plans. The procedures shall	42470
provide for the provider's participation.	42471

(12) Procedures for affording individuals due process	42472
protections;	42473

(13) General staffing, training, and certification	42474
requirements that are consistent with state requirements and	42475
compensation arrangements that are adequate to attract, train, and	42476
retain competent personnel to deliver the services pursuant to the	42477
individual service needs addendum;	42478

(14) Methods to be used to document services provided and	42479
procedures for submitting reports the county board requires;	42480

(15) Methods for authorizing and documenting within	42481
seventy-two hours changes to the individual service needs	42482
addendum. The methods shall allow for changes to be initially	42483
authorized verbally and in writing.	42484

(16) Procedures for modifying the individual service	42485
needs addendum in accordance with changes to the recipient's	42486
individualized service plan;	42487

(17) Procedures for terminating the individual service	42488
needs addendum within thirty days of a request made by the	42489
recipient;	42490

(18) A requirement that all parties to the contract accept	42491
the contract's terms and conditions;	42492

(19) A designated contact person and the method of	42493
contacting the designated person to respond to medical or	42494
behavioral problems and allegations of major unusual incidents or	42495
unusual incidents;	42496

(20) Procedures for ensuring the health and welfare of the	42497
recipient;	42498

(21) Procedures for ensuring fiscal accountability and the	42499
collection and reporting of programmatic data;	42500

(22) Procedures for implementing the mediation and	42501
arbitration process under section 5126.035 of the Revised Code;	42502

(23) Procedures for amending or terminating the contract;

42503

(24) Anything else allowable under federal and state law	42504
that the county board and provider agree to.	42505

(C) The individual service needs addendum shall be	42506
consistent with the general operating agreement component and	42507
include all of the following:	42508

(1) The name of the individual with mental retardation or	42509
other developmental disability who is to receive the services from	42510
the provider and any information about the recipient that the	42511
provider needs to be able to provide the services;	42512

(2) A clear and complete description of the services that	42513
the recipient is to receive as determined using statewide	42514
assessment tools;	42515

(3) A copy of the recipient's assessment and individualized	42516
service plan;	42517

(4) A clear and complete description of the provider's	42518
responsibilities to the recipient and county board in providing	42519
appropriate services in a coordinated manner with other providers	42520
and in a manner that contributes to and ensures the recipient's	42521
health, safety, and welfare.	42522

(D) The director of mental retardation and developmental	42523
disabilities shall adopt rules in accordance with Chapter 119. of	42524
the Revised Code governing the contracts between county boards and	42525
providers of home and community-based services, medicaid case	42526
management services, and habilitation center services entered into	42527
under section 5126.055 of the Revised Code. The contracts do not	42528
negate the requirement that a provider have a medicaid provider	42529
agreement with the department of job and family services.	42530

Sec. 5126.06.  (A) Except as provided in division (B) of	42531
this section and section 5126.035 of the Revised Code, any person	42532
who has a complaint involving any of the programs, services,	42533
policies, or administrative practices of a county board of mental	42534
retardation and developmental disabilities or any of the entities	42535
under contract with the county board, may file a complaint with	42536
the board. Prior to commencing a civil action regarding the	42537
complaint, a person shall attempt to have the complaint resolved	42538
through the administrative resolution process established in the	42539
rules adopted under section 5123.043 of the Revised Code. After	42540
exhausting the administrative resolution process, the person may	42541
commence a civil action if the complaint is not settled to the	42542
person's satisfaction.	42543

(B) An employee of a county board may not file under this	42544
section a complaint related to the terms and conditions of	42545
employment of the employee.	42546

Sec. 5126.071.  (A) As used in this section, "minority	42547
business enterprise" has the meaning given in division (E)(1) of	42548
section 122.71 of the Revised Code.	42549

(B) Any minority business enterprise that desires to bid on	42550
a contract under division (C) or (D) of this section shall first	42551
apply to the equal employment opportunity coordinator in the	42552
department of administrative services for certification as a	42553
minority business enterprise. The coordinator shall approve the	42554
application of any minority business enterprise that complies with	42555
the rules adopted under section 122.71 of the Revised Code. The	42556
coordinator shall prepare and maintain a list of minority business	42557
enterprises certified under this section.	42558

(C) From the contracts to be awarded for the purchases of	42559
equipment, materials, supplies, insurance, and nonprogram	42560
services, other than contracts entered into and exempt under	42561
sections 307.86 and 5126.05 of the Revised Code, each county board	42562
of mental retardation and developmental disabilities shall select	42563
a number of contracts with an aggregate value of approximately	42564
fifteen per cent of the total estimated value of such contracts to	42565
be awarded in the current calendar year. The board shall set	42566
aside the contracts so selected for bidding by minority business	42567
enterprises only. The bidding procedures for such contracts shall	42568
be the same as for all other contracts awarded under section	42569
307.86 of the Revised Code, except that only minority business	42570
enterprises certified and listed under division (B) of this	42571
section shall be qualified to submit bids. Contracts set aside and	42572
awarded under this section shall not include contracts for the	42573
purchase of program services such as direct and ancillary	42574
services, or case management service and support administration,	42575
residential services, and family resource support services.	42576

(D) To the extent that a board is authorized to enter into	42577
contracts for construction which are not exempt from the	42578
competitive bidding requirements of section 307.86 of the Revised	42579
Code, the board shall set aside a number of contracts the	42580
aggregate value of which equals approximately five per cent of the	42581
aggregate value of construction contracts for the current calendar	42582
year for bidding by minority business enterprises only. The	42583
bidding procedures for the contracts set aside for minority	42584
business enterprises shall be the same as for all other contracts	42585
awarded by the board, except that only minority business	42586
enterprises certified and listed under division (B) of this	42587
section shall be qualified to submit bids.	42588

Any contractor awarded a construction contract pursuant to	42589
this section shall make every effort to ensure that certified	42590
minority business subcontractors and materialmen materials	42591
suppliers participate in the contract. In the case of contracts	42592
specified in this division, the total value of subcontracts	42593
awarded to and materials and services purchased from minority	42594
businesses shall be at least ten per cent of the total value of	42595
the contract, wherever posssible possible and whenever the	42596
contractor awards subcontracts or purchases materials or services.	42597

(E) In the case of contracts set aside under divisions (C)	42598
and (D) of this section, if no bid is submitted by a minority	42599
business enterprise, the contract shall be awarded according to	42600
normal bidding procedures. The board shall from time to time set	42601
aside such additional contracts as are necessary to replace those	42602
contracts previously set aside on which no minority business	42603
enterprise bid.	42604

(F) This section does not preclude any minority business	42605
enterprise from bidding on any other contract not specifically set	42606
aside for minority business enterprises.	42607

(G) Within ninety days after the beginning of each calendar	42608
year, each county board of mental retardation and developmental	42609
disabilities shall file a report with the department of mental	42610
retardation and developmental disabilities that shows for that	42611
calendar year the name of each minority business enterprise with	42612
which the board entered into a contract, the value and type of	42613
each such contract, the total value of contracts awarded under	42614
divisions (C) and (D) of this section, the total value of	42615
contracts awarded for the purchases of equipment, materials,	42616
supplies, or services, other than contracts entered into under the	42617
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	42618
the total value of contracts entered into for construction.	42619

(H) Any person who intentionally misrepresents himself self	42620
as owning, controlling, operating, or participating in a minority	42621
business enterprise for the purpose of obtaining contracts or any	42622
other benefits under this section shall be guilty of theft by	42623
deception as provided for in section 2913.02 of the Revised Code.	42624

Sec. 5126.08.  (A) The director of mental retardation and	42625
developmental disabilities shall adopt rules in accordance with	42626
Chapter 119. of the Revised Code for all programs and services	42627
offered by a county board of mental retardation and developmental	42628
disabilities. Such rules shall include, but are not limited to,	42629
the following:	42630

(1) Determination of what constitutes a program or service;

42631

(2) Standards to be followed by a board in administering,	42632
providing, arranging, or operating programs and services;	42633

(3) Standards for determining the nature and degree of	42634
mental retardation, including mild mental retardation, or	42635
developmental disability;	42636

(4) Standards for determining eligibility for programs and	42637
services under sections 5126.042 and 5126.15 of the Revised Code;	42638

(5) Procedures for obtaining consent for the arrangement of	42639
services under section 5126.31 of the Revised Code and for	42640
obtaining signatures on individual service plans under that	42641
section;	42642

(6) Specification of the case management services service	42643
and support administration to be provided by a county board and	42644
standards for resolving grievances in connection with case	42645
management services service and support administration;	42646

(7) Standards for the provision of environmental	42647
modifications, including standards that require adherence to all	42648
applicable state and local building codes;	42649

(8) Standards for the provision of specialized medical,	42650
adaptive, and assistive equipment, supplies, and supports.	42651

(B) The director shall be the final authority in determining	42652
the nature and degree of mental retardation or developmental	42653
disability.	42654

Sec. 5126.11.  (A) As used in this section, "respite care"	42655
means appropriate, short-term, temporary care that is provided to	42656
a mentally retarded or developmentally disabled person to sustain	42657
the family structure or to meet planned or emergency needs of the	42658
family.	42659

(B) Subject to rules adopted by the director of mental	42660
retardation and developmental disabilities, and subject to the	42661
availability of money from state and federal sources, the county	42662
board of mental retardation and developmental disabilities shall	42663
establish a family support services program. Under such a	42664
program, the board shall make payments to an individual with	42665
mental retardation or other developmental disability or the family	42666
of an individual with mental retardation or other developmental	42667
disability who desires to remain in and be supported in the family	42668
home. Payments shall be made for all or part of costs incurred or	42669
estimated to be incurred for services that would promote	42670
self-sufficiency and normalization, prevent or reduce	42671
inappropriate institutional care, and further the unity of the	42672
family by enabling the family to meet the special needs of the	42673
individual and to live as much like other families as possible.	42674
Payments may be made in the form of reimbursement for expenditures	42675
or in the form of vouchers to be used to purchase services.	42676

(C) Payment shall not be made under this section to an	42677
individual or the individual's family if the individual is living	42678
in a residential facility that is providing residential services	42679
under contract with the department of mental retardation and	42680
developmental disabilities or a county board.	42681

(D) Payments may be made for the following services:

42682

(1) Respite care, in or out of the home;

42683

(2) Counseling, supervision, training, and education for of	42684
the individual, the individual's caregivers, and members of the	42685
individual's family that aid the family in providing proper care	42686
for the individual and, provide for the special needs of the	42687
family, and assist in all aspects of the individual's daily	42688
living;	42689

(3) Special diets, purchase or lease of special equipment,	42690
or modifications of the home, if such diets, equipment, or	42691
modifications are necessary to improve or facilitate the care and	42692
living environment of the individual;	42693

(4) Providing support necessary for the individual's	42694
continued skill development, including such services as	42695
development of interventions to cope with unique problems that may	42696
occur within the complexity of the family, enrollment of the	42697
individual in special summer programs, provision of appropriate	42698
leisure activities, and other social skills development	42699
activities;	42700

(5) Any other services that are consistent with the purposes	42701
specified in division (B) of this section and specified in the	42702
individual's service plan.	42703

(E) In order to be eligible for payments under a family	42704
support services program, the individual or the individual's	42705
family must reside in the county served by the county board, and	42706
the individual must be in need of habilitation. Payments shall be	42707
adjusted for income in accordance with the payment schedule	42708
established in rules adopted under this section. Payments shall	42709
be made only after the county board has taken into account all	42710
other available assistance for which the individual or family is	42711
eligible.	42712

(F) Before incurring expenses for a service for which	42713
payment will be sought under a family support services program,	42714
the individual or family shall apply to the county board for a	42715
determination of eligibility and approval of the service. The	42716
service need not be provided in the county served by the county	42717
board. After being determined eligible and receiving approval for	42718
the service, the individual or family may incur expenses for the	42719
service or use the vouchers received from the county board for the	42720
purchase of the service.	42721

If the county board refuses to approve a service, an appeal	42722
may be made in accordance with rules adopted by the department	42723
under this section.	42724

(G) To be reimbursed for expenses incurred for approved	42725
services, the individual or family shall submit to the county	42726
board a statement of the expenses incurred accompanied by any	42727
evidence required by the board. To redeem vouchers used to	42728
purchase approved services, the entity that provided the service	42729
shall submit to the county board evidence that the service was	42730
provided and a statement of the charges. The county board shall	42731
make reimbursements and redeem vouchers no later than forty-five	42732
days after it receives the statements and evidence required by	42733
this division.	42734

(H) A county board shall consider the following objectives	42735
in carrying out a family support services program:	42736

(1) Enabling individuals to return to their families from an	42737
institution under the jurisdiction of the department of mental	42738
retardation and developmental disabilities;	42739

(2) Enabling individuals found to be subject to	42740
institutionalization by court order under section 5123.76 of the	42741
Revised Code to remain with their families with the aid of	42742
payments provided under this section;	42743

(3) Providing services to eligible children and adults	42744
currently residing in the community;	42745

(4) Providing services to individuals with developmental	42746
disabilities who are not receiving other services from the board.	42747

(I) The director shall adopt, and may amend and rescind,	42748
rules for the implementation of family support services programs	42749
by county boards. Such rules shall include the following:	42750

(1) A payment schedule adjusted for income;

42751

(2) A formula for distributing to county boards the money	42752
appropriated for family support services;	42753

(3) Standards for supervision, training, and quality control	42754
in the provision of respite care services;	42755

(4) Eligibility standards and procedures for providing	42756
temporary emergency respite care;	42757

(5) Procedures for hearing and deciding appeals made under	42758
division (F) of this section;	42759

(6) Requirements to be followed by county boards regarding	42760
reports submitted under division (K) of this section.	42761

Rules adopted under divisions (I)(1) and (2) of this section	42762
shall be adopted in accordance with section 111.15 of the Revised	42763
Code. Rules adopted under divisions (I)(3) to (6) of this section	42764
shall be adopted in accordance with Chapter 119. of the Revised	42765
Code.	42766

(J) All individuals certified by the superintendent of the	42767
county board as eligible for temporary emergency respite care in	42768
accordance with rules adopted under this section shall be	42769
considered eligible for temporary emergency respite care for not	42770
more than five days to permit the determination of eligibility for	42771
family support services. The requirements of divisions (E) and	42772
(F) of this section do not apply to temporary emergency respite	42773
care.	42774

(K) On the first day of July of each year, the department of	42775
mental retardation and developmental disabilities shall distribute	42776
to county boards money appropriated for family support services. A	42777
county board shall use no more than seven per cent of the funds	42778
for administrative costs. Each county board shall submit reports	42779
to the department on payments made under this section. The	42780
reports shall be submitted at those times and in the manner	42781
specified in rules adopted under this section.	42782

(L) The county board shall not be required to make payments	42783
for family support services at a level that exceeds available	42784
state and federal funds for such payments.	42785

Sec. 5126.12.  (A) As used in this section:

42786

(1) "Approved school age unit class" means a class or unit	42787
operated by a county board of mental retardation and developmental	42788
disabilities and approved funded by the state board department of	42789
education under division (D) of section 3317.05 3317.20 of the	42790
Revised Code.	42791

(2) "Approved preschool unit" means a class or unit operated	42792
by a county board of mental retardation and developmental	42793
disabilities and approved by the state board of education under	42794
division (B) of section 3317.05 of the Revised Code.	42795

(3) "Active treatment" means a continuous treatment program,	42796
which includes aggressive, consistent implementation of a program	42797
of specialized and generic training, treatment, health services,	42798
and related services, that is directed toward the acquisition of	42799
behaviors necessary for an individual with mental retardation or	42800
other developmental disability to function with as much	42801
self-determination and independence as possible and toward the	42802
prevention of deceleration, regression, or loss of current optimal	42803
functional status.	42804

(4) "Eligible for active treatment" means that an individual	42805
with mental retardation or other developmental disability resides	42806
in an intermediate care facility for the mentally retarded	42807
certified under Title XIX of the "Social Security Act," 49 Stat.	42808
620 (1935), 42 U.S.C. 301, as amended; resides in a state	42809
institution operated by the department of mental retardation and	42810
developmental disabilities; or is enrolled in a home and	42811
community-based services waiver program administered by the	42812
department of mental retardation and developmental disabilities as	42813
part of the medical assistance program established under section	42814
5111.01 of the Revised Code.	42815

(5) "Community alternative funding system" means the program	42816
under which habilitation center services are reimbursed under the	42817
medical assistance medicaid program pursuant to section 5111.041	42818
of the Revised Code and rules adopted under that section.	42819

(6) "Community employment program" means community employment	42820
services provided outside of a sheltered workshop setting under	42821
which the person earns competitive wages for the performance of	42822
work.	42823

(7) "Traditional adult services" means vocational and	42824
nonvocational activities conducted within a sheltered workshop or	42825
adult activity center or supportive home services.	42826

(B) Each county board of mental retardation and	42827
developmental disabilities shall certify to the director of mental	42828
retardation and developmental disabilities all of the following:	42829

(1) On or before the fifteenth day of October, the average	42830
daily membership for the first full week of programs and services	42831
during October receiving:	42832

(a) Early childhood services provided pursuant to section	42833
5126.05 of the Revised Code for children who are less than three	42834
years of age on the thirtieth day of September of the academic	42835
year;	42836

(b) Special education for handicapped children in approved	42837
school age units classes;	42838

(c) Adult services for persons sixteen years of age and	42839
older operated pursuant to section 5126.05 and division (B) of	42840
section 5126.051 of the Revised Code. Separate counts shall be	42841
made for the following:	42842

(i) Persons enrolled in traditional adult services who are	42843
eligible for but not enrolled in active treatment under the	42844
community alternative funding system;	42845

(ii) Persons enrolled in traditional adult services who are	42846
eligible for and enrolled in active treatment under the community	42847
alternative funding system;	42848

(iii) Persons enrolled in traditional adult services but who	42849
are not eligible for active treatment under the community	42850
alternative funding system;	42851

(iv) Persons participating in community employment services.	42852
To be counted as participating in community employment services, a	42853
person must have spent an average of no less than ten hours per	42854
week in that employment during the preceding six months.	42855

(d) Other programs in the county for individuals with mental	42856
retardation and developmental disabilities that have been approved	42857
for payment of subsidy by the department of mental retardation and	42858
developmental disabilities.	42859

The membership in each such program and service in the county	42860
shall be reported on forms prescribed by the department of mental	42861
retardation and developmental disabilities.	42862

The department of mental retardation and developmental	42863
disabilities shall adopt rules defining full-time equivalent	42864
enrollees and for determining the average daily membership	42865
therefrom, except that certification of average daily membership	42866
in approved school age units classes shall be in accordance with	42867
rules adopted by the state board of education. The average daily	42868
membership figure shall be determined by dividing the amount	42869
representing the sum of the number of enrollees in each program or	42870
service in the week for which the certification is made by the	42871
number of days the program or service was offered in that week. No	42872
enrollee may be counted in average daily membership for more than	42873
one program or service.	42874

(2) By the fifteenth day of December, the number of children	42875
enrolled in approved preschool units on the first day of December;	42876

(3) On or before the thirtieth day of March, an itemized	42877
report of all income and operating expenditures for the	42878
immediately preceding calendar year, in the format specified by	42879
the department of mental retardation and developmental	42880
disabilities;	42881

(4) By the fifteenth day of February, a report of the total	42882
annual cost per enrollee for operation of programs and services in	42883
the preceding calendar year. The report shall include a grand	42884
total of all programs operated, the cost of the individual	42885
programs, and the sources of funds applied to each program.	42886

(5) That each required certification and report is in	42887
accordance with rules established by the department of mental	42888
retardation and developmental disabilities and the state board of	42889
education for the operation and subsidization of the programs and	42890
services.	42891

(C) To compute payments under this section to the board for	42892
the fiscal year, the department of mental retardation and	42893
developmental disabilities shall use the certification of average	42894
daily membership required by division (B)(1) of this section	42895
exclusive of the average daily membership in any approved school	42896
age unit class and the number in any approved preschool unit.	42897

(D) The department shall pay each county board for each	42898
fiscal year an amount equal to nine hundred fifty dollars times	42899
the certified number of persons who on the first day of December	42900
of the academic year are under three years of age and are not in	42901
an approved preschool unit. For persons who are at least age	42902
sixteen and are not in an approved school age unit class, the	42903
department shall pay each county board for each fiscal year the	42904
following amounts:	42905

(1) One thousand dollars times the certified average daily	42906
membership of persons enrolled in traditional adult services who	42907
are eligible for but not enrolled in active treatment under the	42908
community alternative funding system;	42909

(2) One thousand two hundred dollars times the certified	42910
average daily membership of persons enrolled in traditional adult	42911
services who are eligible for and enrolled in active treatment	42912
under the community alternative funding system;	42913

(3) No less than one thousand five hundred dollars times the	42914
certified average daily membership of persons enrolled in	42915
traditional adult services but who are not eligible for active	42916
treatment under the community alternative funding system;	42917

(4) No less than one thousand five hundred dollars times the	42918
certified average daily membership of persons participating in	42919
community employment services.	42920

(E) The department shall distribute this subsidy to county	42921
boards in semiannual installments of equal amounts. The	42922
installments shall be made not later than the thirty-first day of	42923
August and the thirty-first day of January.	42924

(F) The director of mental retardation and developmental	42925
disabilities shall make efforts to obtain increases in the	42926
subsidies for early childhood services and adult services so that	42927
the amount of the subsidies is equal to at least fifty per cent of	42928
the statewide average cost of those services minus any applicable	42929
federal reimbursements for those services. The director shall	42930
advise the director of budget and management of the need for any	42931
such increases when submitting the biennial appropriations request	42932
for the department.	42933

(G) In determining the reimbursement of a county board for	42934
the provision of case management and service and support	42935
administration, family support services, and other services	42936
required or approved by the director for which children three	42937
through twenty-one years of age are eligible, the department shall	42938
include the average daily membership in approved school age or	42939
preschool units. The department, in accordance with this section	42940
and upon receipt and approval of the certification required by	42941
this section and any other information it requires to enable it to	42942
determine a board's payments, shall pay the agency providing the	42943
specialized training the amounts payable under this section.	42944

Sec. 5126.14. The entity responsible for the program	42945
management included in adult day habilitation services,	42946
residential services, and supported living shall provide	42947
administrative oversight by doing all of the following:	42948

(A) Having available supervisory personnel to monitor and	42949
ensure implementation of all interventions in accordance with	42950
every individual service plan implemented by the staff who work	42951
with the individuals receiving the services;	42952

(B) Providing appropriate training and technical assistance	42953
for all staff who work with the individuals receiving services;	42954

(C) Communicating with service and support administration	42955
staff for the purpose of coordinating activities to ensure that	42956
services are provided to individuals in accordance with individual	42957
service plans and intended outcomes;	42958

(D) Monitoring for major unusual incidents and cases of	42959
abuse, neglect, or exploitation involving the individual under the	42960
care of staff who are providing the services; taking immediate	42961
actions as necessary to maintain the health, safety, and welfare	42962
of the individuals receiving the services; and providing notice of	42963
major unusual incidents and suspected cases of abuse, neglect, or	42964
exploitation to the investigative agent for the county board of	42965
mental retardation and developmental disabilities;	42966

(E) Performing other administrative duties as required by	42967
state or federal law or by the county board of mental retardation	42968
and developmental disabilities through contracts with providers.	42969

Sec. 5126.15.  (A) A county board of mental retardation and	42970
developmental disabilities shall provide the case management	42971
services specified in rules adopted by the department of mental	42972
retardation and developmental disabilities under section 5126.08	42973
of the Revised Code to individuals who are eligible for other	42974
programs and services. A county board shall make determinations	42975
of eligibility for case management services in accordance with	42976
standards established in rules adopted by the department under	42977
section 5126.08 of the Revised Code.	42978

Case management services shall be a mechanism to improve the	42979
quality and appropriateness of services rendered to individuals.	42980
In carrying out case management responsibilities, including	42981
monitoring the provision of services to individuals, case managers	42982
shall be impartial toward all providers of services and shall show	42983
no preference toward any provider.	42984

(B) A county board may provide case management services	42985
directly or by contracting for the provision of services with	42986
other public or private, nonprofit or profit-making agencies or	42987
organizations. The county board or the agency or organization	42988
with which the board contracts for case management services shall	42989
establish a separate service unit for case management, responsible	42990
directly to the superintendent of the county board and independent	42991
of all other programs of the county board, agency, or	42992
organization.	42993

Persons employed as county board case managers shall be	42994
assigned no program duties by the county board. County board case	42995
managers service and support administration to each individual who	42996
is eligible for other services of the board. A board may provide	42997
service and support administration to an individual who is not	42998
eligible for other services of the board. Service and support	42999
administration shall be provided in accordance with rules adopted	43000
under section 5126.08 of the Revised Code.	43001

A board may provide service and support administration by	43002
directly employing service and support administrators or by	43003
contracting with entities for the performance of service and	43004
support administration. Individuals employed or under contract as	43005
service and support administrators shall not be in the same	43006
collective bargaining unit as employees who perform duties that	43007
are not administrative.	43008

Individuals employed by a board as service and support	43009
administrators shall not be assigned responsibilities for	43010
implementing services for individuals and shall not be employed by	43011
or serve in a decision-making or policy-making capacity for any	43012
other agency or organization entity that provides programs or	43013
services to individuals with mental retardation or developmental	43014
disabilities.	43015

A county board that is a party to an agreement with other	43016
county boards or other agencies or organizations under which	43017
facilities, programs, or services are operated or provided shall	43018
establish a clear policy regarding the relationships between the	43019
case managers and the boards, agencies, or organizations that are	43020
parties to the agreement.	43021

(C) Each county board shall develop procedures, in	43022
accordance with rules adopted by the department of mental	43023
retardation and developmental disabilities, for the resolution of	43024
grievances in connection with case management services.	43025

(D) (B) The individuals employed by or under contract with a	43026
board to provide service and support administration shall do all	43027
of the following:	43028

(1) Establish an individual's eligibility for the services	43029
of the county board of mental retardation and developmental	43030
disabilities;	43031

(2) Assess individual needs for services;

43032

(3) Develop individual service plans with the active	43033
participation of the individual to be served, other persons	43034
selected by the individual, and, when applicable, the provider	43035
selected by the individual, and recommend the plans for approval	43036
by the department of mental retardation and developmental	43037
disabilities when services included in the plans are funded	43038
through medicaid;	43039

(4) Establish budgets for services based on the individual's	43040
assessed needs and preferred ways of meeting those needs;	43041

(5) Assist individuals in making selections from among the	43042
providers they have chosen;	43043

(6) Ensure that services are effectively coordinated and	43044
provided by appropriate providers;	43045

(7) Establish and implement an ongoing system of monitoring	43046
the implementation of individual service plans to achieve	43047
consistent implementation and the desired outcomes for the	43048
individual;	43049

(8) Perform quality assurance reviews as a distinct function	43050
of service and support administration;	43051

(9) Incorporate the results of quality assurance reviews and	43052
identified trends and patterns of unusual incidents and major	43053
unusual incidents into amendments of an individual's service plan	43054
for the purpose of improving and enhancing the quality and	43055
appropriateness of services rendered to the individual;	43056

(10) Ensure that each individual receiving services has a	43057
designated person who is responsible on a continuing basis for	43058
providing the individual with representation, advocacy, advice,	43059
and assistance related to the day-to-day coordination of services	43060
in accordance with the individual's service plan. The service and	43061
support administrator shall give the individual receiving services	43062
an opportunity to designate the person to provide daily	43063
representation. If the individual declines to make a designation,	43064
the administrator shall make the designation. In either case, the	43065
individual receiving services may change at any time the person	43066
designated to provide daily representation.	43067

(C) Subject to available funds, the department of mental	43068
retardation and developmental disabilities shall pay a county	43069
board an annual subsidy for case management services if the ratio	43070
of the board's average daily membership certified under section	43071
5126.12 of the Revised Code to the number of case managers	43072
employed by the board is at least equal to the minimum ratio	43073
specified in rules the Department shall adopt in accordance with	43074
Chapter 119. of the Revised Code service and support	43075
administration. The amount of the subsidy shall be equal to the	43076
greater of twenty thousand dollars or two hundred dollars times	43077
the board's certified average daily membership. The payments	43078
shall be made in semiannual installments, which shall be made no	43079
later than the thirty-first day of August and the thirty-first day	43080
of January. Funds received shall be used solely for case	43081
management services service and support administration.	43082

Sec. 5126.16.  As used in sections 5126.16 to 5126.18 of the	43083
Revised Code:	43084

(A) "Taxable value" means the total taxable value of real and	43085
public utility property and of tangible personal property in a	43086
county as shown on the county auditor's tax lists.	43087

(B) "Taxes" means the total taxes levied pursuant to division	43088
(L) of section 5705.19 of the Revised Code or pursuant to that	43089
section and section 5705.222, as shown on the preceding year's tax	43090
lists of real and public utility property and tangible personal	43091
property, after making the reductions required by section 319.301	43092
of the Revised Code.	43093

(C) "Enrollment" means a county board of mental retardation	43094
and developmental disabilities' average daily membership of	43095
programs and services as certified under divisions (B)(1)(a), (b),	43096
and (c) and (B)(2) of section 5126.12 of the Revised Code,	43097
exclusive of individuals who are served solely through case	43098
management service and support administration provided pursuant to	43099
section 5126.15 of the Revised Code or family support services	43100
provided pursuant to sections section 5126.11 and 5126.15 of the	43101
Revised Code.	43102

(D) "Effective tax rate" for a county board means a fraction,	43103
the numerator of which is the county board's taxes and the	43104
denominator of which is the county board's taxable value.	43105

(E) "Local revenue factor" means a county board's taxes	43106
divided by the lesser of the aggregate rate of tax authorized to	43107
be levied by the board of county commissioners pursuant to	43108
division (L) of section 5705.19 and section 5705.222 of the	43109
Revised Code or the aggregate rate of tax authorized pursuant to	43110
that division and that section and certified to the county auditor	43111
under section 319.30 of the Revised Code.	43112

(F) "Hypothetical local revenue per enrollee" means the	43113
quotient obtained by dividing a county board's local revenue	43114
factor by its enrollment.	43115

(G) "Hypothetical statewide average revenue per enrollee"	43116
means the quotient obtained by dividing the sum of all county	43117
boards' local revenue factors by the total enrollment of all	43118
county boards.	43119

(H) "Infant and adult enrollment" means a county board of	43120
mental retardation and developmental disabilities' total average	43121
daily membership of programs and services as certified under	43122
divisions (B)(1)(a) and (c) of section 5126.12 of the Revised	43123
Code, exclusive of individuals who are served solely through case	43124
management service and support administration provided pursuant to	43125
section 5126.15 of the Revised Code or family support services	43126
provided pursuant to sections section 5126.11 and 5126.15 of the	43127
Revised Code.	43128

Sec. 5126.18.  (A) The department of mental retardation and	43129
developmental disabilities may shall pay to each county board of	43130
mental retardation and developmental disabilities whose	43131
hypothetical local revenue per enrollee is less than the	43132
hypothetical statewide average revenue per enrollee the amount	43133
computed under division (B) of this section. If this section is	43134
implemented in any year, payments Payments shall be made on or	43135
before the thirtieth day of September.	43136

(B) Except as provided in division (C) of this section, the	43137
amount to be paid to a county board shall be equal to the	43138
following:	43139

(1) If the county board's effective tax rate is equal to or	43140
greater than one mill, the product obtained by multiplying the	43141
following two quantities:	43142

(a) The amount by which the hypothetical statewide average	43143
revenue per enrollee exceeds the county board's hypothetical local	43144
revenue per enrollee;	43145

(b) The county board's infant and adult enrollment.

43146

(2) If the county board's effective tax rate is less than	43147
one mill, the product obtained by multiplying the following three	43148
quantities:	43149

(a) The amount by which the hypothetical statewide average	43150
revenue per enrollee exceeds the county board's hypothetical local	43151
revenue per enrollee;	43152

(b) The county board's infant and adult enrollment;

43153

(c) The quotient obtained by dividing the county board's	43154
effective tax rate by one mill.	43155

(C)(1) For each individual who is enrolled in active	43156
treatment under the community alternative funding system as	43157
defined in section 5126.12 of the Revised Code, the department may	43158
reduce the portion of the payment made under this section for that	43159
individual by fifty per cent or less.	43160

(2) If, in any year, an appropriation by the general	43161
assembly to the department for purposes of this section is less	43162
than the total amount required to make, in full, the payments as	43163
determined under and authorized by this section, the department	43164
shall pay each county board the same percentage of the board's	43165
payment as determined under this section without regard to this	43166
division that the amount of the appropriation available for	43167
purposes of this section is of the total amount of payments as	43168
determined under this section without regard to this division.	43169

(3) Payments made to a county board pursuant to this section	43170
shall not exceed thirty per cent of the payments made to that	43171
board pursuant to section 5126.12 of the Revised Code.	43172

(D) Payments made under this section are supplemental to all	43173
other state or federal funds for which county boards are eligible	43174
and shall be made from funds appropriated for purposes of this	43175
section. The A county board shall use the payments shall be used	43176
solely for the development and implementation of early	43177
intervention services for individuals included in the board's	43178
infant enrollment and adult services for individuals included in	43179
the board's adult enrollment to pay the nonfederal share of	43180
medicaid expenditures that division (A) of section 5126.056 of the	43181
Revised Code requires the county board to pay.	43182

(E) Each county board that receives a payment under this	43183
section shall, for each year it receives a payment, certify to the	43184
department that it will make a good faith effort to obtain	43185
revenues, including federal funds, for services to individuals	43186
included in its infant and adult enrollment.	43187

Sec. 5126.19.  (A) The director of mental retardation and	43188
developmental disabilities may grant temporary funding from the	43189
community mental retardation and developmental disabilities trust	43190
fund to a county board of mental retardation and developmental	43191
disabilities. With the consent of the county board, the director	43192
may distribute all or part of the funding directly to the persons	43193
who provide the services for which the funding is granted.	43194

(B) Funding granted under this section shall be granted	43195
according to the availability of moneys in the fund and priorities	43196
established by the director. Funding may be granted for any of	43197
the following purposes:	43198

(1) Behavioral or short-term interventions for persons with	43199
mental retardation or developmental disabilities that assist them	43200
in remaining in the community by preventing institutionalization;	43201

(2) Emergency respite care services, as defined in section	43202
5126.11 of the Revised Code;	43203

(3) Family support services provided under section 5126.11	43204
of the Revised Code;	43205

(4) Supported living, as defined in section 5126.01 of the	43206
Revised Code;	43207

(5) Staff training for county board employees, employees of	43208
providers of residential services as defined in section 5126.01 of	43209
the Revised Code, and other personnel under contract with a county	43210
board, to provide the staff with necessary training in serving	43211
mentally retarded or developmentally disabled persons in the	43212
community;	43213

(6) Short-term provision of early childhood services	43214
provided under section 5126.05, adult services provided under	43215
sections 5126.05 and 5126.051, and case management services	43216
service and support administration provided under section 5126.15	43217
of the Revised Code, when local moneys are insufficient to meet	43218
the need for such services due to the successive failure within a	43219
two-year period of three or more proposed levies for the services;	43220

(7) Contracts with providers of residential services to	43221
maintain persons with mental retardation and developmental	43222
disabilities in their programs and avoid institutionalization.	43223

(C) If the trust fund contains more than ten million dollars	43224
on the first day of July the director shall use one million	43225
dollars for payments under section 5126.12 of the Revised Code,	43226
one million dollars for payments under section 5126.18 of the	43227
Revised Code, and two million dollars for payments under section	43228
5126.44 of the Revised Code. Distributions of funds under this	43229
division shall be made prior to August 31 of the state fiscal year	43230
in which the funds are available. The funds shall be distributed	43231
to a county board in an amount equal to the same percentage of the	43232
total amount distributed for the services that the county board	43233
received in the immediately preceding state fiscal year.	43234

Sec. 5126.20.  As used in this section and sections 5126.21	43235
to 5126.29 of the Revised Code:	43236

(A) "Service employee" means a person employed by a county	43237
board of mental retardation and developmental disabilities in a	43238
position which may require evidence of registration under section	43239
5126.25 of the Revised Code but for which a bachelor's degree from	43240
an accredited college or university is not required, and includes	43241
employees in the positions listed in division (C) of section	43242
5126.22 of the Revised Code.	43243

(B) "Professional employee" means a person employed by a	43244
board in a position for which either a bachelor's degree from an	43245
accredited college or university or a license or certificate	43246
issued under Title XLVII of the Revised Code is a minimum	43247
requirement, and includes employees in the positions listed in	43248
division (B) of section 5126.22 of the Revised Code.	43249

(C) "Management employee" means a person employed by a board	43250
in a position having supervisory or managerial responsibilities	43251
and duties, and includes employees in the positions listed in	43252
division (A) of section 5126.22 of the Revised Code.	43253

(D) "Limited contract" means a contract of limited duration	43254
which is renewable at the discretion of the superintendent.	43255

(E) "Continuing contract" means a contract of employment	43256
that was issued prior to June 24, 1988, to a classified employee	43257
under which the employee has completed his the employee's	43258
probationary period and under which he the employee retains his	43259
employment until he the employee retires or resigns, is removed	43260
pursuant to section 5126.23 of the Revised Code, or is laid off.	43261

(F) "Supervisory responsibilities and duties" includes the	43262
authority to hire, transfer, suspend, lay off, recall, promote,	43263
discharge, assign, reward, or discipline other employees of the	43264
board; to responsibly direct them; to adjust their grievances; or	43265
to effectively recommend such action, if the exercise of that	43266
authority is not of a merely routine or clerical nature but	43267
requires the use of independent judgment.	43268

(G) "Managerial responsibilities and duties" includes	43269
formulating policy on behalf of the board, responsibly directing	43270
the implementation of policy, assisting in the preparation for the	43271
conduct of collective negotiations, administering collectively	43272
negotiated agreements, or having a major role in personnel	43273
administration.	43274

(H) "Investigative agent" means an individual who conducts	43275
investigations under section 5126.313 of the Revised Code.	43276

Sec. 5126.22.  (A) Employees who hold the following	43277
positions in a county board of mental retardation and	43278
developmental disabilities are management employees:	43279

assistant superintendent

43280

director of business

43281

director of personnel

43282

adult services director

43283

workshop director

43284

habilitation manager

43285

director of residential services

43286

principal (director of children services)

43287

program or service supervisor

43288

plant manager

43289

production manager

43290

case management service and support administration supervisor

43291

investigative agent

43292

confidential employees as defined in section 4117.01 of the	43293
Revised Code	43294

positions designated by the director of mental retardation	43295
and developmental disabilities as having managerial or supervisory	43296
responsibilities and duties	43297

positions designated by the county board in accordance with	43298
division (D) of this section.	43299

(B) Employees who hold the following positions in a board	43300
are professional employees:	43301

personnel certified pursuant to Chapter 3319. of the Revised	43302
Code	43303

early intervention specialist

43304

physical development specialist

43305

habilitation specialist

43306

work adjustment specialist

43307

placement specialist

43308

vocational evaluator

43309

psychologist

43310

occupational therapist

43311

speech and language pathologist

43312

recreation specialist

43313

behavior management specialist

43314

physical therapist

43315

supportive home services specialist

43316

licensed practical nurse or registered nurse

43317

rehabilitation counselor

43318

doctor of medicine and surgery or of osteopathic medicine and	43319
surgery	43320

dentist

43321

case manager service and support administrator

43322

social worker

43323

any position that is not a management position and for which	43324
the standards for certification established by the director of	43325
mental retardation and developmental disabilities under section	43326
5126.25 of the Revised Code require a bachelor's or higher degree	43327

professional positions designated by the director

43328

professional positions designated by the county board in	43329
accordance with division (D) of this section.	43330

(C) Employees who hold positions in a board that are neither	43331
management positions nor professional positions are service	43332
employees. Service employee positions include:	43333

workshop specialist

43334

workshop specialist assistant

43335

contract procurement specialist

43336

community employment specialist

43337

any assistant to a professional employee certified to	43338
provide, or supervise the provision of, adult services or case	43339
management service and support administration	43340

service positions designated by the director

43341

service positions designated by a county board in accordance	43342
with division (D) of this section.	43343

(D) A county board may designate a position only if the	43344
position does not include directly providing, or supervising	43345
employees who directly provide, service or instruction to	43346
individuals with mental retardation or developmental disabilities.	43347

(E) If a county board desires to have a position established	43348
that is not specifically listed in this section that includes	43349
directly providing, or supervising employees who directly provide,	43350
services or instruction to individuals with mental retardation or	43351
developmental disabilities, the board shall submit to the director	43352
a written description of the position and request that the	43353
director designate the position as a management, professional, or	43354
service position under this section. The director shall consider	43355
each request submitted under this division and respond within	43356
thirty days. If the director approves the request, he the	43357
director shall designate the position as a management,	43358
professional, or service position.	43359

(F) A county board shall not terminate its employment of any	43360
management, professional, or service employee solely because a	43361
position is added to or eliminated from those positions listed in	43362
this section or because a position is designated or no longer	43363
designated by the director or a county board.	43364

Sec. 5126.221.  Each county board of mental retardation and	43365
developmental disabilities shall employ at least one investigative	43366
agent or contract with a person or government entity, including	43367
another county board of mental retardation and developmental	43368
disabilities or a regional council established under section	43369
5126.13 of the Revised Code, for the services of an investigative	43370
agent. Neither a county board nor a person or government entity	43371
with which a county board contracts for the services of an	43372
investigative agent shall assign any duties to an investigative	43373
agent other than conducting investigations under section 5126.313	43374
of the Revised Code.	43375

All investigative agents shall be trained in civil and	43376
criminal investigatory practices and report directly to a county	43377
board's superintendent. No investigative agent shall do anything	43378
that interferes with the investigative agent's objectivity in	43379
conducting investigations under section 5126.313 of the Revised	43380
Code.	43381

Sec. 5126.25.  (A) The director of mental retardation and	43382
developmental disabilities shall adopt rules in accordance with	43383
Chapter 119. of the Revised Code establishing uniform standards	43384
and procedures for the certification of persons for employment by	43385
county boards of mental retardation and developmental disabilities	43386
as superintendents, management employees, and professional	43387
employees and uniform standards and procedures for the	43388
registration of persons for employment by county boards as	43389
registered service employees. As part of the rules, the director	43390
may establish continuing education and professional training	43391
requirements for renewal of certificates and evidence of	43392
registration and shall establish such requirements for renewal of	43393
an investigative agent certificate. The director shall not adopt	43394
rules that require any service employee to have or obtain a	43395
bachelor's or higher degree.	43396

The director shall adopt a rule that requires an	43397
investigative agent to have or obtain no less than an associate	43398
degree from an accredited college or university.	43399

The director shall not adopt rules for certification of	43400
service and support administrators that require an individual to	43401
have higher than an associate's degree. The rules shall permit	43402
certification of an individual without an associate's degree if	43403
the individual has adequate experience.	43404

The director shall adopt the rules in a manner that provides	43405
for the issuance of certificates and evidence of registration	43406
according to categories, levels, and grades. The rules shall	43407
describe each category, level, and grade.	43408

The rules adopted under this division shall apply to persons	43409
employed or seeking employment in a position that includes	43410
directly providing, or supervising persons who directly provide,	43411
services or instruction to or on behalf of individuals with mental	43412
retardation or developmental disabilities, except that the rules	43413
shall not apply to persons who hold a valid license issued under	43414
Chapter 3319. of the Revised Code and perform no duties other than	43415
teaching or supervision of a teaching program or persons who hold	43416
a valid license or certificate issued under Title XLVII of the	43417
Revised Code and perform only those duties governed by the license	43418
or certificate. The rules shall specify the positions that require	43419
certification or registration. The rules shall specify that the	43420
position of investigative agent requires certification.	43421

(B) The director shall adopt rules in accordance with	43422
Chapter 119. of the Revised Code establishing standards for	43423
approval of courses of study to prepare persons to meet	43424
certification requirements. The director shall approve courses of	43425
study meeting the standards and provide for the inspection of the	43426
courses to ensure the maintenance of satisfactory training	43427
procedures. The director shall approve courses of study only if	43428
given by a state university or college as defined in section	43429
3345.32 of the Revised Code, a state university or college of	43430
another state, or an institution that has received a certificate	43431
of authorization to confer degrees from the board of regents	43432
pursuant to Chapter 1713. of the Revised Code or from a comparable	43433
agency of another state.	43434

(C) Each applicant for a certificate for employment or	43435
evidence of registration for employment by a county board shall	43436
apply to the department of mental retardation and developmental	43437
disabilities on forms that the director of the department shall	43438
prescribe and provide. The application shall be accompanied by	43439
the application fee established in rules adopted under this	43440
section.	43441

(D) The director shall issue a certificate for employment to	43442
each applicant who meets the standards for certification	43443
established under this section and shall issue evidence of	43444
registration for employment to each applicant who meets the	43445
standards for registration established under this section. Each	43446
certificate or evidence of registration shall state the category,	43447
level, and grade for which it is issued.	43448

The director shall issue, renew, deny, suspend, or revoke	43449
certificates and evidence of registration in accordance with rules	43450
adopted under this section. The director shall deny, suspend, or	43451
revoke a certificate or evidence of registration if the director	43452
finds, pursuant to an adjudication conducted in accordance with	43453
Chapter 119. of the Revised Code, that the applicant for or holder	43454
of the certificate or evidence of registration is guilty of	43455
intemperate, immoral, or other conduct unbecoming to the	43456
applicant's or holder's position, or is guilty of incompetence or	43457
negligence within the scope of the applicant's or holder's duties.	43458
The director shall deny or revoke a certificate or evidence of	43459
registration if the director finds, pursuant to an adjudication	43460
conducted in accordance with Chapter 119. of the Revised Code,	43461
that the applicant for or holder of the certificate or evidence of	43462
registration has been convicted of or pleaded guilty to any of the	43463
offenses described in division (E) of section 5126.28 of the	43464
Revised Code, unless the individual meets standards for	43465
rehabilitation that the director establishes in the rules adopted	43466
under that section. Evidence supporting such allegations shall be	43467
presented to the director in writing and the director shall	43468
provide prompt notice of the allegations to the person who is the	43469
subject of the allegations. A denial, suspension, or revocation	43470
may be appealed in accordance with procedures the director shall	43471
establish in the rules adopted under this section.	43472

(E)(1) A person holding a valid certificate under this	43473
section on the effective date of any rules adopted under this	43474
section that increase certification standards shall have such	43475
period as the rules prescribe, but not less than one year after	43476
the effective date of the rules, to meet the new certification	43477
standards.	43478

A person who is registered under this section on the	43479
effective date of any rule that changes the standards adopted	43480
under this section shall have such period as the rules prescribe,	43481
but not less than one year, to meet the new registration	43482
standards.	43483

(2) If an applicant for a certificate for employment has not	43484
completed the courses of instruction necessary to meet the	43485
department's standards for certification, the department shall	43486
inform the applicant of the courses the applicant must	43487
successfully complete to meet the standards and shall specify the	43488
time within which the applicant must complete the courses. The	43489
department shall grant the applicant at least one year to complete	43490
the courses and shall not require the applicant to complete more	43491
than four courses in any one year. The applicant is not subject	43492
to any changes regarding the courses required for certification	43493
that are made after the department informs the applicant of the	43494
courses the applicant must complete, unless the applicant does not	43495
successfully complete the courses within the time specified by the	43496
department.	43497

(F) A person who holds a certificate or evidence of	43498
registration, other than one designated as temporary, is qualified	43499
to be employed according to that certificate or evidence of	43500
registration by any county board.	43501

(G) The director shall monitor county boards to ensure that	43502
their employees who must be certified or registered are	43503
appropriately certified or registered and performing those	43504
functions they are authorized to perform under their certificate	43505
or evidence of registration.	43506

(H) A county board superintendent or the superintendent's	43507
designee may certify to the director that county board employees	43508
who are required to meet continuing education or professional	43509
training requirements as a condition of renewal of certificates or	43510
evidence of registration have met the requirements. The	43511
superintendent or the superintendent's designee shall maintain in	43512
appropriate personnel files evidence acceptable to the director	43513
that the employees have met the requirements and permit	43514
representatives of the department access to the evidence on	43515
request.	43516

(I) All fees collected pursuant to this section shall be	43517
deposited in the state treasury to the credit of the employee	43518
certification and registration fund, which is hereby created.	43519
Money credited to the fund shall be used solely for the operation	43520
of the certification and registration program established under	43521
this section and for providing continuing training to county board	43522
employees.	43523

(J) Employees of entities that contract with county boards	43524
of mental retardation and developmental disabilities to operate	43525
programs and services for individuals with mental retardation and	43526
developmental disabilities are subject to the certification and	43527
registration requirements established under section 5123.082 of	43528
the Revised Code.	43529

Sec. 5126.31.  (A) A county board of mental retardation and	43530
developmental disabilities shall review reports of abuse and	43531
neglect made under section 5123.61 of the Revised Code and reports	43532
referred to it under section 5101.611 of the Revised Code to	43533
determine whether the person who is the subject of the report is	43534
an adult with mental retardation or a developmental disability in	43535
need of services to deal with the abuse or neglect. The board	43536
shall give notice of each report to the registry office of the	43537
department of mental retardation and developmental disabilities	43538
established pursuant to section 5123.61 of the Revised Code on the	43539
first working day after receipt of the report. If the report	43540
alleges that there is a substantial risk to the adult of immediate	43541
physical harm or death, the board shall initiate review within	43542
twenty-four hours of its receipt of the report. If the board	43543
determines that the person is sixty years of age or older but does	43544
not have mental retardation or a developmental disability, it	43545
shall refer the case to the county department of job and family	43546
services. If the board determines that the person is an adult	43547
with mental retardation or a developmental disability, it shall	43548
continue its review of the case.	43549

(B) For each review over which the board retains	43550
responsibility under division (A) of this section, it shall do all	43551
of the following:	43552

(1) Give both written and oral notice of the purpose of the	43553
review to the adult and, if any, to the adult's legal counsel or	43554
caretaker, in simple and clear language;	43555

(2) Visit the adult, in the adult's residence if possible,	43556
and explain the notice given under division (B)(1) of this	43557
section;	43558

(3) Request from the registry office any prior reports	43559
concerning the adult or other principals in the case;	43560

(4) Consult, if feasible, with the person who made the	43561
report under section 5101.61 or 5123.61 of the Revised Code and	43562
with any agencies or persons who have information about the	43563
alleged abuse or neglect;	43564

(5) Cooperate fully with the law enforcement agency	43565
responsible for investigating the report and for filing any	43566
resulting criminal charges and, on request, turn over evidence to	43567
the agency;	43568

(6) Determine whether the adult needs services, and prepare	43569
a written report stating reasons for the determination. No adult	43570
shall be determined to be abused, neglected, or in need of	43571
services for the sole reason that, in lieu of medical treatment,	43572
the adult relies on or is being furnished spiritual treatment	43573
through prayer alone in accordance with the tenets and practices	43574
of a church or religious denomination of which the adult is a	43575
member or adherent.	43576

(C) The board shall arrange for the provision of services	43577
for the prevention, correction or discontinuance of abuse or	43578
neglect or of a condition resulting from abuse or neglect for any	43579
adult who has been determined to need the services and consents to	43580
receive them. These services may include, but are not limited to,	43581
case management service and support administration, fiscal	43582
management, medical, mental health, home health care, homemaker,	43583
legal, and residential services and the provision of temporary	43584
accommodations and necessities such as food and clothing. The	43585
services do not include acting as a guardian, trustee, or	43586
protector as defined in section 5123.55 of the Revised Code. If	43587
the provision of residential services would require expenditures	43588
by the department of mental retardation and developmental	43589
disabilities, the board shall obtain the approval of the	43590
department prior to arranging the residential services.	43591

To arrange services, the board shall:

43592

(1) Develop an individualized service plan identifying the	43593
types of services required for the adult, the goals for the	43594
services, and the persons or agencies that will provide them;	43595

(2) In accordance with rules established by the director of	43596
mental retardation and developmental disabilities, obtain the	43597
consent of the adult or the adult's guardian to the provision of	43598
any of these services and obtain the signature of the adult or	43599
guardian on the individual service plan. An adult who has been	43600
found incompetent under Chapter 2111. of the Revised Code may	43601
consent to services. If the board is unable to obtain consent, it	43602
may seek, if the adult is incapacitated, a court order pursuant to	43603
section 5126.33 of the Revised Code authorizing the board to	43604
arrange these services.	43605

(D) The board shall ensure that the adult receives the	43606
services arranged by the board from the provider and shall have	43607
the services terminated if the adult withdraws consent.	43608

(E) On completion of a review, the board shall submit a	43609
written report to the registry office established under section	43610
5123.61 of the Revised Code. If the report includes a finding	43611
that a person with mental retardation or a developmental	43612
disability is a victim of action or inaction that may constitute a	43613
crime under federal law or the law of this state, the board shall	43614
submit the report to the law enforcement agency responsible for	43615
investigating the report. Reports prepared under this section are	43616
not public records as defined in section 149.43 of the Revised	43617
Code.	43618

(F) The board shall provide comprehensive formal training	43619
for employees and other persons authorized to implement the	43620
requirements of this section.	43621

Sec. 5126.311.  (A) Notwithstanding the requirement of	43622
section 5126.31 of the Revised Code that a county board of mental	43623
retardation and developmental disabilities review reports of abuse	43624
and neglect, if the department of mental retardation and	43625
developmental disabilities or a county board of mental retardation	43626
and developmental disabilities determines that it would be	43627
inappropriate for the county board to investigate a report of	43628
abuse or neglect made under section 5123.61 of the Revised Code,	43629
at the request of the department or county board, one of the	43630
following government entities may, at the request of the county	43631
board or the department of mental retardation and developmental	43632
disabilities, shall review the report instead of the county board	43633
if circumstances specified in rules adopted under division (B) of	43634
this section exist:	43635

(A)(1) Another county board of mental retardation and	43636
developmental disabilities;	43637

(B)(2) The department;

43638

(C)(3) A regional council of government established pursuant	43639
to Chapter 167. of the Revised Code;	43640

(D)(4) Any other government entity authorized to investigate	43641
reports of abuse and neglect.	43642

(B) The director of mental retardation and developmental	43643
disabilities shall adopt rules in accordance with Chapter 119. of	43644
the Revised Code specifying circumstances under which it is	43645
inappropriate for a county board to review reports of abuse and	43646
neglect.	43647

Sec. 5126.313.  (A) If after reviewing a report under	43648
section 5126.31 of the Revised Code, a county board of mental	43649
retardation and developmental disabilities has reason to believe	43650
that the subject of the report may be the victim of abuse or	43651
neglect, the county board shall conduct an investigation if	43652
circumstances specified in rules adopted under division (B) of	43653
this section exist. If the circumstances specified in the rules	43654
exist, the county board shall conduct the investigation in the	43655
manner specified by the rules.	43656

(B) The director of mental retardation and developmental	43657
disabilities shall adopt rules in accordance with Chapter 119. of	43658
the Revised Code specifying circumstances under which a county	43659
board shall conduct investigations under division (A) of this	43660
section and the manner in which the county board shall conduct the	43661
investigation.	43662

Sec. 5126.32.  If during the course of the review conducted	43663
under section 5126.31 of the Revised Code or the investigation	43664
conducted under section 5126.313 of the Revised Code, any person	43665
denies or obstructs the board's access to the residence of the	43666
adult who is the subject of a report of abuse or neglect the	43667
review or investigation, the board may file a petition with the	43668
probate court of the county in which the residence is located for	43669
a temporary restraining order, in accordance with Civil Rule 65,	43670
to prevent the denial or obstruction of access. If the court	43671
finds reasonable cause to believe that the adult is abused or	43672
neglected and that access to his the adult's residence has been	43673
denied or obstructed, the court shall issue a temporary order	43674
restraining the interference or obstruction. After the order has	43675
been obtained, at the request of the board, an officer of the law	43676
enforcement agency investigating the report shall accompany	43677
representatives of the board to the adult's residence.	43678

If a person refuses to allow or interferes with the provision	43679
of services described in division (C) of section 5126.31 of the	43680
Revised Code to an adult who has consented to them, the county	43681
board may file a petition with the probate court of the county in	43682
which the adult resides for appropriate injunctive relief in	43683
accordance with Civil Rule 65.	43684

Sec. 5126.357.  (A) As used in this section:

43685

(1) "In-home care" means the supportive services provided	43686
within the home of an individual who receives funding for the	43687
services as a county board client, including any client who	43688
receives residential services funded through the medical	43689
assistance program's home and or community-based services waivers	43690
administered by the department of mental retardation and	43691
developmental disabilities, family support services provided under	43692
section 5126.11 of the Revised Code, or supported living provided	43693
in accordance with sections 5126.41 to 5126.47 of the Revised	43694
Code. "In-home care" includes care that is provided outside a	43695
client's home in places incidental to the home, and while	43696
traveling to places incidental to the home, except that "in-home	43697
care" does not include care provided in the facilities of a county	43698
board of mental retardation and developmental disabilities or care	43699
provided in schools.	43700

(2) "Parent" means either parent of a child, including an	43701
adoptive parent but not a foster parent.	43702

(3) "Unlicensed in-home care worker" means an individual who	43703
provides in-home care but is not a health care professional. A	43704
county board worker may be an unlicensed in-home care worker.	43705

(4) "Family member" means a parent, sibling, spouse, son,	43706
daughter, grandparent, aunt, uncle, cousin, or guardian of the	43707
individual with mental retardation or a developmental disability	43708
if the individual with mental retardation or developmental	43709
disabilities lives with the person and is dependent on the person	43710
to the extent that, if the supports were withdrawn, another living	43711
arrangement would have to be found.	43712

(B) Except as provided in division (D) of this section, a	43713
family member of an individual with mental retardation or a	43714
developmental disability may authorize an unlicensed in-home care	43715
worker to give or apply prescribed medication or perform other	43716
health care tasks as part of the in-home care provided to the	43717
individual, if the family member is the primary supervisor of the	43718
care and the unlicensed in-home care worker has been selected by	43719
the family member and is under the direct supervision of the	43720
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	43721
Revised Code do not apply to the in-home care authorized by a	43722
family member under this section. Instead, a family member shall	43723
obtain a prescription, if applicable, and written instructions	43724
from a health care professional for the care to be provided to the	43725
individual. The family member shall authorize the unlicensed	43726
in-home care worker to provide the care by preparing a written	43727
document granting the authority. The family member shall provide	43728
the unlicensed in-home care worker with appropriate training and	43729
written instructions in accordance with the instructions obtained	43730
from the health care professional.	43731

(C) A family member who authorizes an unlicensed in-home	43732
care worker to give or apply prescribed medication or perform	43733
other health care tasks retains full responsibility for the health	43734
and safety of the individual receiving the care and for ensuring	43735
that the worker provides the care appropriately and safely. No	43736
entity that funds or monitors the provision of in-home care may be	43737
held liable for the results of the care provided under this	43738
section by an unlicensed in-home care worker, including such	43739
entities as the county board of mental retardation and	43740
developmental disabilities, any other entity that employs an	43741
unlicensed in-home care worker, and the department of mental	43742
retardation and developmental disabilities.	43743

An unlicensed in-home care worker who is authorized under	43744
this section by a family member to provide care to an individual	43745
may not be held liable for any injury caused in providing the	43746
care, unless the worker provides the care in a manner that is not	43747
in accordance with the training and instructions received or the	43748
worker acts in a manner that constitutes wanton or reckless	43749
misconduct.	43750

(D) A county board of mental retardation and developmental	43751
disabilities may evaluate the authority granted by a family member	43752
under this section to an unlicensed in-home care worker at any	43753
time it considers necessary and shall evaluate the authority on	43754
receipt of a complaint. If the board determines that a family	43755
member has acted in a manner that is inappropriate for the health	43756
and safety of the individual receiving the services, the	43757
authorization granted by the family member to an unlicensed	43758
in-home care worker is void, and the family member may not	43759
authorize other unlicensed in-home care workers to provide the	43760
care. In making such a determination, the board shall use	43761
appropriately licensed health care professionals and shall provide	43762
the family member an opportunity to file a complaint under section	43763
5126.06 of the Revised Code.	43764

Sec. 5126.431.  (A) Pursuant to Chapter 119. of the Revised	43765
Code, the department of mental retardation and developmental	43766
disabilities shall adopt rules establishing standards and	43767
procedures for certification of persons and government entities	43768
that provide or propose to provide, under contract with the	43769
department until July 1, 1995, or with a county board of mental	43770
retardation and developmental disabilities, supported living for	43771
individuals with mental retardation or developmental disabilities.	43772
The rules shall allow a person to automatically satisfy a standard	43773
for certification under this section if the person holds a	43774
current, valid license under section 5123.19 of the Revised Code	43775
to operate a residential facility and had to satisfy the standard	43776
to obtain the residential facility license.	43777

(B) Pursuant to Chapter 119. of the Revised Code, the	43778
department shall adopt rules establishing quality assurance	43779
standards for supported living provided to individuals by	43780
providers certified under this section.	43781

(C) The rules adopted under this section shall include the	43782
following:	43783

(1) Procedures for ensuring that providers comply with	43784
section 5126.281 of the Revised Code;	43785

(2) Methods of evaluating the services provided and	43786
protecting the due process rights of any individual or entity	43787
affected by an evaluation or decision made pursuant to this	43788
section;	43789

(3) Procedures for revoking certification.

43790

(D)(1) Providers shall be evaluated to ensure that services	43791
are provided in a quality manner advantageous to the individual	43792
receiving the services. When evaluations are conducted, the	43793
following shall be considered:	43794

(a) The provider's experience and financial responsibility;

43795

(b) The ability to comply with program standards for	43796
supported living;	43797

(c) The ability to meet the needs of the individuals served;

43798

(d) The ability to work cooperatively with the department,	43799
county boards, and other providers;	43800

(e) Any other factor considered relevant.

43801

(2) The records of evaluations conducted under this section	43802
are public records for purposes of section 149.43 of the Revised	43803
Code and shall be made available on request of any person,	43804
including individuals being served, individuals seeking supported	43805
living, and county boards.	43806

(E) The department shall certify providers in accordance	43807
with the rules adopted under this section. The department may	43808
revoke a provider's certification in accordance with Chapter 119.	43809
of the Revised Code for good cause, including misfeasance,	43810
malfeasance, nonfeasance, confirmed abuse or neglect, financial	43811
irresponsibility, or other conduct the department determines is	43812
injurious to individuals being served.	43813

Sec. 5139.01.  (A) As used in this chapter:

43814

(1) "Commitment" means the transfer of the physical custody	43815
of a child or youth from the court to the department of youth	43816
services.	43817

(2) "Permanent commitment" means a commitment that vests	43818
legal custody of a child in the department of youth services.	43819

(3) "Legal custody," insofar as it pertains to the status	43820
that is created when a child is permanently committed to the	43821
department of youth services, means a legal status in which the	43822
department has the following rights and responsibilities: the	43823
right to have physical possession of the child; the right and duty	43824
to train, protect, and control the child; the responsibility to	43825
provide the child with food, clothing, shelter, education, and	43826
medical care; and the right to determine where and with whom the	43827
child shall live, subject to the minimum periods of, or periods	43828
of, institutional care prescribed in section 2151.355 of the	43829
Revised Code; provided, that these rights and responsibilities are	43830
exercised subject to the powers, rights, duties, and	43831
responsibilities of the guardian of the person of the child, and	43832
subject to any residual parental rights and responsibilities.	43833

(4) Unless the context requires a different meaning,	43834
"institution" means a state facility that is created by the	43835
general assembly and that is under the management and control of	43836
the department of youth services or a private entity with which	43837
the department has contracted for the institutional care and	43838
custody of felony delinquents.	43839

(5) "Full-time care" means care for twenty-four hours a day	43840
for over a period of at least two consecutive weeks.	43841

(6) "Placement" means the conditional release of a child	43842
under the terms and conditions that are specified by the	43843
department of youth services. The department shall retain legal	43844
custody of a child released pursuant to division (C) of section	43845
2151.38 of the Revised Code or division (C) of section 5139.06 of	43846
the Revised Code until the time that it discharges the child or	43847
until the legal custody is terminated as otherwise provided by	43848
law.	43849

(7) "Home placement" means the placement of a child in the	43850
home of the child's parent or parents or in the home of the	43851
guardian of the child's person.	43852

(8) "Discharge" means that the department of youth services'	43853
legal custody of a child is terminated.	43854

(9) "Release" means the termination of a child's stay in an	43855
institution and the subsequent period during which the child	43856
returns to the community under the terms and conditions of	43857
supervised release.	43858

(10) "Delinquent child" has the same meaning as in section	43859
2151.02 of the Revised Code.	43860

(11) "Felony delinquent" means any child who is at least	43861
twelve years of age but less than eighteen years of age and who is	43862
adjudicated a delinquent child for having committed an act that if	43863
committed by an adult would be a felony. "Felony delinquent"	43864
includes any adult who is between the ages of eighteen and	43865
twenty-one and who is in the legal custody of the department of	43866
youth services for having committed an act that if committed by an	43867
adult would be a felony.	43868

(12) "Juvenile traffic offender" has the same meaning as in	43869
section 2151.021 of the Revised Code.	43870

(13) "Public safety beds" means all of the following:

43871

(a) Felony delinquents who have been committed to the	43872
department of youth services for the commission of an act, other	43873
than a violation of section 2911.01 or 2911.11 of the Revised	43874
Code, that is a category one offense or a category two offense and	43875
who are in the care and custody of an institution or have been	43876
diverted from care and custody in an institution and placed in a	43877
community corrections facility;	43878

(b) Felony delinquents who, while committed to the	43879
department of youth services and in the care and custody of an	43880
institution or a community corrections facility, are adjudicated	43881
delinquent children for having committed in that institution or	43882
community corrections facility an act that if committed by an	43883
adult would be a felony;	43884

(c) Children who satisfy all of the following:

43885

(i) They are at least twelve years of age but less than	43886
eighteen years of age.	43887

(ii) They are adjudicated delinquent children for having	43888
committed acts that if committed by an adult would be a felony.	43889

(iii) They are committed to the department of youth services	43890
by the juvenile court of a county that has had one-tenth of one	43891
per cent or less of the statewide adjudications for felony	43892
delinquents as averaged for the past four fiscal years.	43893

(iv) They are in the care and custody of an institution or a	43894
community corrections facility.	43895

(d) Felony delinquents who, while committed to the	43896
department of youth services and in the care and custody of an	43897
institution, commit in that institution an act that if committed	43898
by an adult would be a felony, who are serving disciplinary time	43899
for having committed that act, and who have been institutionalized	43900
or institutionalized in a secure facility for the minimum period	43901
of time specified in division (A)(4) or (5) of section 2151.355 of	43902
the Revised Code.	43903

(e) Felony delinquents who are subject to and serving a	43904
three-year period of commitment order imposed by a juvenile court	43905
pursuant to division (A)(7) of section 2151.355 of the Revised	43906
Code for an act, other than a violation of section 2911.11 of the	43907
Revised Code, that would be a category one offense or category two	43908
offense if committed by an adult.	43909

(f) Felony delinquents who are described in divisions	43910
(A)(13)(a) to (e) of this section, who have been granted a	43911
judicial release under division (B) of section 2151.38 of the	43912
Revised Code or an early release under division (C) of that	43913
section from the commitment to the department of youth services	43914
for the act described in divisions (A)(13)(a) to (e) of this	43915
section, who have violated the terms and conditions of that	43916
judicial release or early release, and who, pursuant to an order	43917
of the court of the county in which the particular felony	43918
delinquent was placed on release that is issued pursuant to	43919
division (D) of section 2151.38 of the Revised Code, have been	43920
returned to the department for institutionalization or	43921
institutionalization in a secure facility.	43922

(g) Felony delinquents who have been committed to the	43923
custody of the department of youth services, who have been granted	43924
supervised release from the commitment pursuant to section 5139.51	43925
of the Revised Code, who have violated the terms and conditions of	43926
that supervised release, and who, pursuant to an order of the	43927
court of the county in which the particular child was placed on	43928
supervised release issued pursuant to division (F) of section	43929
5139.52 of the Revised Code, have had the supervised release	43930
revoked and have been returned to the department for	43931
institutionalization. A felony delinquent described in this	43932
division shall be a public safety bed only for the time during	43933
which the felony delinquent is institutionalized as a result of	43934
the revocation subsequent to the initial thirty-day period of	43935
institutionalization required by division (F) of section 5139.52	43936
of the Revised Code.	43937

(14) "State target youth" means twenty-five per cent of the	43938
projected total number of felony delinquents for each year of a	43939
biennium, factoring in revocations and recommitments.	43940

(15) Unless the context requires a different meaning,	43941
"community corrections facility" means a county or multicounty	43942
rehabilitation center for felony delinquents who have been	43943
committed to the department of youth services and diverted from	43944
care and custody in an institution and placed in the	43945
rehabilitation center pursuant to division (E) of section 5139.36	43946
of the Revised Code.	43947

(16) "Secure facility" means any facility that is designed	43948
and operated to ensure that all of its entrances and exits are	43949
under the exclusive control of its staff and to ensure that,	43950
because of that exclusive control, no child who has been	43951
institutionalized in the facility may leave the facility without	43952
permission or supervision.	43953

(17) "Community residential program" means a program that	43954
satisfies both of the following:	43955

(a) It is housed in a building or other structure that has	43956
no associated major restraining construction, including, but not	43957
limited to, a security fence.	43958

(b) It provides twenty-four-hour care, supervision, and	43959
programs for felony delinquents who are in residence.	43960

(18) "Category one offense" and "category two offense" have	43961
the same meanings as in section 2151.26 of the Revised Code.	43962

(19) "Disciplinary time" means additional time that the	43963
department of youth services requires a felony delinquent to serve	43964
in an institution, that delays the felony delinquent's planned	43965
release, and that the department imposes upon the felony	43966
delinquent following the conduct of an internal due process	43967
hearing for having committed any of the following acts while	43968
committed to the department and in the care and custody of an	43969
institution:	43970

(a) An act that if committed by an adult would be a felony;

43971

(b) An act that if committed by an adult would be a	43972
misdemeanor;	43973

(c) An act that is not described in division (A)(19)(a) or	43974
(b) of this section and that violates an institutional rule of	43975
conduct of the department.	43976

(20) "Unruly child" has the same meaning as in section	43977
2151.022 of the Revised Code.	43978

(21) "Revocation" means the act of revoking a child's	43979
supervised release for a violation of a term or condition of the	43980
child's supervised release in accordance with section 5139.52 of	43981
the Revised Code.	43982

(22) "Release authority" means the release authority of the	43983
department of youth services that is established by section	43984
5139.50 of the Revised Code.	43985

(23) "Supervised release" means the event of the release of a	43986
child under this chapter from an institution and the period after	43987
that release during which the child is supervised and assisted by	43988
an employee of the department of youth services under specific	43989
terms and conditions for reintegration of the child into the	43990
community.	43991

(24) "Victim" means the person identified in a police report,	43992
complaint, or information as the victim of an act that would have	43993
been a criminal offense if committed by an adult and that provided	43994
the basis for adjudication proceedings resulting in a child's	43995
commitment to the legal custody of the department of youth	43996
services.	43997

(25) "Victim's representative" means a member of the victim's	43998
family or another person whom the victim or another authorized	43999
person designates in writing, pursuant to section 5139.56 of the	44000
Revised Code, to represent the victim with respect to proceedings	44001
of the release authority of the department of youth services and	44002
with respect to other matters specified in that section.	44003

(26) "Member of the victim's family" means a spouse, child,	44004
stepchild, sibling, parent, stepparent, grandparent, other	44005
relative, or legal guardian of a child but does not include a	44006
person charged with, convicted of, or adjudicated a delinquent	44007
child for committing a criminal or delinquent act against the	44008
victim or another criminal or delinquent act arising out of the	44009
same conduct, criminal or delinquent episode, or plan as the	44010
criminal or delinquent act committed against the victim.	44011

(27) "Judicial release" means a release of a child from	44012
institutional care or institutional care in a secure facility that	44013
is granted by a court pursuant to division (B) of section 2151.38	44014
of the Revised Code during the period specified in that division.	44015

(28) "Early release" means a release of a child from	44016
institutional care or institutional care in a secure facility that	44017
is granted by a court pursuant to division (C) of section 2151.38	44018
of the Revised Code during the period specified in that division.	44019

(29) "Juvenile justice system" includes all of the functions	44020
of the juvenile courts, the department of youth services, any	44021
public or private agency whose purposes include the prevention of	44022
delinquency or the diversion, adjudication, detention, or	44023
rehabilitation of delinquent children, and any of the functions of	44024
the criminal justice system that are applicable to children.	44025

(30) "Metropolitan county criminal justice services agency"	44026
means an agency that is established pursuant to division (A) of	44027
section 181.54 of the Revised Code.	44028

(31) "Administrative planning district" means a district that	44029
is established pursuant to division (A) or (B) of section 181.56	44030
of the Revised Code.	44031

(32) "Criminal justice coordinating council" means a criminal	44032
justice services agency that is established pursuant to division	44033
(D) of section 181.56 of the Revised Code.	44034

(33) "Comprehensive plan" means a document that coordinates,	44035
evaluates, and otherwise assists, on an annual or multi-year	44036
basis, all of the functions of the juvenile justice systems of	44037
the state or a specified area of the state, that conforms to the	44038
priorities of the state with respect to juvenile justice systems,	44039
and that conforms with the requirements of all federal criminal	44040
justice acts. These functions include, but are not limited to,	44041
all of the following:	44042

(a) Delinquency prevention;

44043

(b) Identification, detection, apprehension, and detention	44044
of persons charged with delinquent acts;	44045

(c) Assistance to crime victims or witnesses, except that	44046
the comprehensive plan does not include the functions of the	44047
attorney general pursuant to sections 109.91 and 109.92 of the	44048
Revised Code;	44049

(d) Adjudication or diversion of persons charged with	44050
delinquent acts;	44051

(e) Custodial treatment of delinquent children;

44052

(f) Institutional and noninstitutional rehabilitation of	44053
delinquent children.	44054

(B) There is hereby created the department of youth	44055
services. The governor shall appoint the director of the	44056
department with the advice and consent of the senate. The	44057
director shall hold office during the term of the appointing	44058
governor but subject to removal at the pleasure of the governor.	44059
Except as otherwise authorized in section 108.05 of the Revised	44060
Code, the director shall devote the director's entire time to the	44061
duties of the director's office and shall hold no other office or	44062
position of trust or profit during the director's term of office.	44063

The director is the chief executive and administrative	44064
officer of the department and has all the powers of a department	44065
head set forth in Chapter 121. of the Revised Code. The director	44066
may adopt rules for the government of the department, the conduct	44067
of its officers and employees, the performance of its business,	44068
and the custody, use, and preservation of the department's	44069
records, papers, books, documents, and property. The director	44070
shall be an appointing authority within the meaning of Chapter	44071
124. of the Revised Code. Whenever this or any other chapter or	44072
section of the Revised Code imposes a duty on or requires an	44073
action of the department, the duty or action shall be performed by	44074
the director or, upon the director's order, in the name of the	44075
department.	44076

Sec. 5139.11.  The department of youth services shall do all	44077
of the following:	44078

(A) Through a program of education, promotion, and	44079
organization, form groups of local citizens and assist these	44080
groups in conducting activities aimed at the prevention and	44081
control of juvenile delinquency, making use of local people and	44082
resources for the following purposes:	44083

(1) Combatting local conditions known to contribute to	44084
juvenile delinquency;	44085

(2) Developing recreational and other programs for youth	44086
work;	44087

(3) Providing adult sponsors for delinquent children cases;

44088

(4) Dealing with other related problems of the locality;

44089

(B) Advise local, state, and federal officials, public and	44090
private agencies, and lay groups on the needs for and possible	44091
methods of the reduction and prevention of juvenile delinquency	44092
and the treatment of delinquent children;	44093

(C) Consult with the schools and courts of this state on the	44094
development of programs for the reduction and prevention of	44095
delinquency and the treatment of delinquents;	44096

(D) Cooperate with other agencies whose services deal with	44097
the care and treatment of delinquent children to the end that	44098
delinquent children who are state wards may be assisted whenever	44099
possible to a successful adjustment outside of institutional care;	44100

(E) Cooperate with other agencies in surveying, developing,	44101
and utilizing the recreational resources of a community as a means	44102
of combatting the problem of juvenile delinquency and effectuating	44103
rehabilitation;	44104

(F) Hold district and state conferences from time to time in	44105
order to acquaint the public with current problems of juvenile	44106
delinquency and develop a sense of civic responsibility toward the	44107
prevention of juvenile delinquency;	44108

(G) Assemble and distribute information relating to juvenile	44109
delinquency and report on studies relating to community conditions	44110
that affect the problem of juvenile delinquency;	44111

(H) Assist any community within the state by conducting a	44112
comprehensive survey of the community's available public and	44113
private resources, and recommend methods of establishing a	44114
community program for combatting juvenile delinquency and crime,	44115
but no survey of that type shall be conducted unless local	44116
individuals and groups request it through their local authorities,	44117
and no request of that type shall be interpreted as binding the	44118
community to following the recommendations made as a result of the	44119
request;	44120

(I) Evaluate the rehabilitation of children committed to the	44121
department and prepare and submit periodic reports to the	44122
committing court for the following purposes:	44123

(1) Evaluating the effectiveness of institutional treatment;

44124

(2) Making recommendations for early release where	44125
appropriate and recommending terms and conditions for release;	44126

(3) Reviewing the placement of children and recommending	44127
alternative placements where appropriate.	44128

(J) Coordinate dates for hearings to be conducted under	44129
section 2151.38 of the Revised Code and assist in the transfer and	44130
release of children from institutionalization to the custody of	44131
the committing court;	44132

(K)(1) Coordinate and assist juvenile justice systems by	44133
doing the following:	44134

(a) Performing juvenile justice system planning in the state,	44135
including any planning that is required by any federal law;	44136

(b) Collecting, analyzing, and correlating information and	44137
data concerning the juvenile justice system in the state;	44138

(c) Cooperating with and providing technical assistance to	44139
state departments, administrative planning districts, metropolitan	44140
county criminal justice services agencies, criminal justice	44141
coordinating councils, and agencies, offices, and departments of	44142
the juvenile justice system in the state, and other appropriate	44143
organizations and persons;	44144

(d) Encouraging and assisting agencies, offices, and	44145
departments of the juvenile justice system in the state and other	44146
appropriate organizations and persons to solve problems that	44147
relate to the duties of the department;	44148

(e) Administering within the state any juvenile justice acts	44149
and programs that the governor requires the department to	44150
administer;	44151

(f) Implementing the state comprehensive plans;

44152

(g) Auditing grant activities of agencies, offices,	44153
organizations, and persons that are financed in whole or in part	44154
by funds granted through the department;	44155

(h) Monitoring or evaluating the performance of juvenile	44156
justice system projects and programs in the state that are	44157
financed in whole or in part by funds granted through the	44158
department;	44159

(i) Applying for, allocating, disbursing, and accounting for	44160
grants that are made available pursuant to federal juvenile	44161
justice acts, or made available from other federal, state, or	44162
private sources, to improve the criminal and juvenile justice	44163
systems in the state. All money from federal juvenile justice act	44164
grants shall, if the terms under which the money is received	44165
require that the money be deposited into an interest bearing fund	44166
or account, be deposited in the state treasury to the credit of	44167
the federal juvenile justice program purposes fund, which is	44168
hereby created. All investment earnings shall be credited to the	44169
fund.	44170

(j) Contracting with federal, state, and local agencies,	44171
foundations, corporations, businesses, and persons when necessary	44172
to carry out the duties of the department;	44173

(k) Overseeing the activities of metropolitan county	44174
criminal justice services agencies, administrative planning	44175
districts, and juvenile justice coordinating councils in the	44176
state;	44177

(l) Advising the general assembly and governor on	44178
legislation and other significant matters that pertain to the	44179
improvement and reform of the juvenile justice system in the	44180
state;	44181

(m) Preparing and recommending legislation to the general	44182
assembly and governor for the improvement of the juvenile justice	44183
system in the state;	44184

(n) Assisting, advising, and making any reports that are	44185
required by the governor, attorney general, or general assembly;	44186

(o) Adopting rules pursuant to Chapter 119. of the Revised	44187
Code.	44188

(2) Division (K)(1) of this section does not limit the	44189
discretion or authority of the attorney general with respect to	44190
crime victim assistance and criminal and juvenile justice	44191
programs.	44192

(3) Nothing in division (K)(1) of this section is intended	44193
to diminish or alter the status of the office of the attorney	44194
general as a criminal justice services agency;	44195

(4) The governor may appoint any advisory committees to	44196
assist the department that the governor considers appropriate or	44197
that are required under any state or federal law.	44198

Sec. 5139.29.  The department of youth services shall adopt	44199
and promulgate regulations prescribing the method of calculating	44200
the amount of and the time and manner for the payment of financial	44201
assistance granted under sections 5139.27, and 5139.271, and	44202
5139.28 of the Revised Code, for the construction or acquisition	44203
of a district detention home established under section 2151.34 of	44204
the Revised Code, or for the construction and maintenance of a	44205
school, forestry camp, or other facility established under section	44206
2151.65 of the Revised Code.	44207

Sec. 5139.31.  The department of youth services may inspect	44208
any school, forestry camp, district detention home, or other	44209
facility for which an application for financial assistance has	44210
been made to the department under section 2151.341, 2151.3416, or	44211
2151.651, or 2151.652 of the Revised Code or for which financial	44212
assistance has been granted by the department under section	44213
5139.27, 5139.271, 5139.28, or 5139.281 of the Revised Code. The	44214
inspection may include, but need not be limited to, examination	44215
and evaluation of the physical condition of the school, forestry	44216
camp, district detention home, or other facility, including any	44217
equipment used in connection with it; observation and evaluation	44218
of the training and treatment of children admitted to it;	44219
examination and analysis and copying of any papers, records, or	44220
other documents relating to the qualifications of personnel, the	44221
commitment of children to it, and its administration.	44222

Sec. 5139.87.  There are hereby created in the state	44223
treasury the federal juvenile justice programs funds. A separate	44224
fund shall be established each federal fiscal year. All federal	44225
grants and other moneys received for federal juvenile programs	44226
shall be deposited into the funds. All receipts deposited into	44227
the funds shall be used for federal juvenile programs. All	44228
investment earnings on the cash balance in a federal juvenile	44229
program fund shall be credited to that fund for the appropriate	44230
federal fiscal year.	44231

Sec. 5153.06. The county children services board may enter	44232
into a written contract with the board's executive director	44233
specifying terms and conditions of the executive director's	44234
employment. The executive director shall not be in the classified	44235
civil service. The period of the contract shall not exceed three	44236
years. Such a contract shall in no way abridge the right of the	44237
county children services board to terminate the employment of the	44238
executive director as an unclassified employee at will, but may	44239
specify terms and conditions for any such termination.	44240

Sec. 5153.165.  If a family is encountering an emergency	44241
that could lead, or has led, to removal of a child from the	44242
family's home pursuant to Chapter 2151. of the Revised Code, the	44243
public children services agency shall determine whether the child	44244
could remain safely with, or be safely returned to, the family if	44245
the emergency were alleviated by providing assistance benefits and	44246
services under the prevention, retention, and contingency program	44247
established under Chapter 5108. of the Revised Code. If it is	44248
determined that the child could remain safely with, or be safely	44249
returned to, the family, the agency, with the cooperation of the	44250
child's family, shall determine the amount of assistance benefits	44251
and services necessary to prevent the removal of the child from	44252
the home or to permit the child's return to the home and may	44253
provide the assistance benefits and services pursuant to a plan of	44254
cooperation entered into under section 307.983 of the Revised	44255
Code.	44256

Sec. 5153.60.  The department of job and family services	44257
shall establish a statewide program that provides the training	44258
section 5153.122 of the Revised Code requires public children	44259
services agency caseworkers and supervisors to complete. The	44260
program may also provide the preplacement and continuing training	44261
described in sections 5103.039, 5103.0310, and 5103.0311 of the	44262
Revised Code that foster caregivers are required by sections	44263
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	44264
The program shall be called the "Ohio child welfare training	44265
program."	44266

Sec. 5153.69.  The training program steering committee shall	44267
monitor and evaluate the Ohio child welfare training program to	44268
ensure that the following:	44269

(A) That the Ohio child welfare training program is a	44270
competency-based training system that satisfies the training	44271
requirements for public children services agency caseworkers and	44272
supervisors under section 5153.122 of the Revised Code;	44273

(B) That, if the Ohio child welfare training program	44274
provides preplacement or continuing training for foster	44275
caregivers, it meets the same requirements that preplacement	44276
training programs and continuing training programs must meet	44277
pursuant to section 5103.038 of the Revised Code to obtain	44278
approval by the department of job and family services, except that	44279
the Ohio child welfare training program is not required to obtain	44280
department approval.	44281

Sec. 5153.78.  (A) As used in this section:

44282

(1) "Title IV-B" means Title IV-B of the "Social Security Act	44283
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	44284

(2) "Title IV-E" means Title IV-E of the "Social Security	44285
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	44286

(3) "Title XX" has the same meaning as in section 5101.46 of	44287
the Revised Code.	44288

(B) For purposes of adequately funding the Ohio child	44289
welfare training program, the department of job and family	44290
services shall may use any of the following to adequately fund the	44291
Ohio child welfare training program:	44292

(1) The federal financial participation funds withheld	44293
pursuant to division (D) of section 5101.141 of the Revised Code	44294
in an amount determined by the department;	44295

(2) Funds available under Title XX, Title IV-B, and Title	44296
IV-E to pay for training costs;	44297

(3) Any other Other available state or federal funds.

44298

Sec. 5703.17. (A) In making an investigation as to any	44299
company, firm, corporation, person, association, partnership, or	44300
public utility subject to the laws which the tax commissioner is	44301
required to administer, the commissioner may appoint by an order	44302
in writing an agent, a tax auditor agent, or a tax auditor agent	44303
manager, whose duties shall be prescribed in such order.	44304

In the discharge of his such agent's duties such, the agent	44305
shall have every power of an inquisitorial nature granted by law	44306
to the commissioner, and the same powers as a notary public as to	44307
the taking of depositions, and all powers given by law to a notary	44308
public relative to depositions are hereby given to such agent.	44309

(B) No person shall be appointed as a tax auditor agent or a	44310
tax auditor agent manager, unless that person meets one of the	44311
following requirements:	44312

(1) The person holds from an accredited college or	44313
university a baccalaureate or higher degree in accounting,	44314
business, business administration, public administration, or	44315
management, a doctoral degree in law, a bachelor of laws degree,	44316
or a master of laws degree in taxation.	44317

(2) The person possesses a current certified public	44318
accountant, certified managerial accountant, or certified internal	44319
auditor certificate; a professional tax designation issued by the	44320
institute for professionals in taxation or the international	44321
association of assessing officers; or a designation as an enrolled	44322
agent of the Internal Revenue Service.	44323

(3) The person has accounting, auditing, or taxation	44324
experience that is acceptable to the department of taxation.	44325

(4) The person has experience as a tax commissioner agent,	44326
tax auditor agent, or supervisor of tax agents that is acceptable	44327
to the department of taxation.	44328

Sec. 5703.49.  (A) As used in this section, "internet" means	44329
the international computer network of both federal and nonfederal	44330
interoperable packet switched data networks, including the	44331
graphical subnetwork known as the world wide web.	44332

(B) On or before December 31, 2001, the tax commissioner	44333
shall establish an electronic site accessible through the	44334
internet. The tax commissioner shall provide access on the site	44335
for each municipal corporation that has not established its own	44336
electronic site to post documents or information required under	44337
section 718.07 of the Revised Code. The tax commissioner shall	44338
provide electronic links for each municipal corporation that	44339
establishes a site under that section and for which a uniform	44340
resource locator has been provided to the tax commissioner. The	44341
tax commissioner is not responsible for the accuracy of the posted	44342
information, and is not liable for any inaccurate or outdated	44343
information provided by a municipal corporation. The tax	44344
commissioner may adopt rules governing the format and means of	44345
submitting such documents or information and other matters	44346
necessary to implement this section. The tax commissioner may	44347
charge municipal corporations a fee to defray the cost of	44348
establishing and maintaining the electronic site established under	44349
this section.	44350

(C) The tax commissioner shall deposit any fees received	44351
under this section to the credit of the municipal internet site	44352
fund, which is hereby created in the state treasury. The	44353
commissioner shall use the fund for costs of establishing and	44354
maintaining the electronic site established under this section.	44355

Sec. 5705.091.  The board of county commissioners of each	44356
county shall establish a county mental retardation and	44357
developmental disabilities general fund. Notwithstanding sections	44358
5705.09 and 5705.10 of the Revised Code, proceeds from levies	44359
under section 5705.222 and division (L) of section 5705.19 of the	44360
Revised Code shall be deposited to the credit of the county mental	44361
retardation and developmental disabilities general fund. Accounts	44362
shall be established within the county mental retardation and	44363
developmental disabilities general fund for each of the several	44364
particular purposes of the levies as specified in the resolutions	44365
under which the levies were approved, and proceeds from different	44366
levies that were approved for the same particular purpose shall be	44367
credited to accounts for that purpose. Other money received by	44368
the county for the purposes of Chapters 3323. and 5126. of the	44369
Revised Code and not required by state or federal law to be	44370
deposited to the credit of a different fund shall also be	44371
deposited to the credit of the county mental retardation and	44372
developmental disabilities general fund, in an account appropriate	44373
to the particular purpose for which the money was received. Unless	44374
otherwise provided by law, an unexpended balance at the end of a	44375
fiscal year in any account in the county mental retardation and	44376
developmental disabilities general fund shall be appropriated the	44377
next fiscal year to the same fund.	44378

A county board of mental retardation and developmental	44379
disabilities may request, by resolution, that the board of county	44380
commissioners establish a county mental retardation and	44381
developmental disabilities capital fund for money to be used for	44382
acquisition, construction, or improvement of capital facilities or	44383
acquisition of capital equipment used in providing services to	44384
mentally retarded and developmentally disabled persons. The	44385
county board of mental retardation and developmental disabilities	44386
shall transmit a certified copy of the resolution to the board of	44387
county commissioners. Upon receiving the resolution, the board of	44388
county commissioners shall establish a county mental retardation	44389
and developmental disabilities capital fund.	44390

A county board shall request, by resolution, that the board	44391
of county commissioners establish a county MR/DD medicaid reserve	44392
fund. On receipt of the resolution, the board of county	44393
commissioners shall establish a county MR/DD medicaid reserve	44394
fund. The portion of federal revenue funds that the county board	44395
earns for providing habilitation center services, medicaid case	44396
management services, and home and community-based services that is	44397
needed for the county board to pay for extraordinary costs,	44398
including extraordinary costs for services to individuals with	44399
mental retardation or other developmental disability, and ensure	44400
the availability of adequate funds in the event a county property	44401
tax levy for services for individuals with mental retardation or	44402
other developmental disability fails shall be deposited into the	44403
fund. The county board shall use money in the fund for those	44404
purposes in accordance with rules adopted under section 5123.0413	44405
of the Revised Code.	44406

Sec. 5705.19.  This section does not apply to school	44407
districts or county school financing districts.	44408

The taxing authority of any subdivision at any time and in	44409
any year, by vote of two-thirds of all the members of the taxing	44410
authority, may declare by resolution and certify the resolution to	44411
the board of elections not less than seventy-five days before the	44412
election upon which it will be voted that the amount of taxes that	44413
may be raised within the ten-mill limitation will be insufficient	44414
to provide for the necessary requirements of the subdivision and	44415
that it is necessary to levy a tax in excess of that limitation	44416
for any of the following purposes:	44417

(A) For current expenses of the subdivision, except that the	44418
total levy for current expenses of a detention home district or	44419
district organized under section 2151.65 of the Revised Code shall	44420
not exceed two mills and that the total levy for current expenses	44421
of a combined district organized under sections 2151.34 and	44422
2151.65 of the Revised Code shall not exceed four mills;	44423

(B) For the payment of debt charges on certain described	44424
bonds, notes, or certificates of indebtedness of the subdivision	44425
issued subsequent to January 1, 1925;	44426

(C) For the debt charges on all bonds, notes, and	44427
certificates of indebtedness issued and authorized to be issued	44428
prior to January 1, 1925;	44429

(D) For a public library of, or supported by, the	44430
subdivision under whatever law organized or authorized to be	44431
supported;	44432

(E) For a municipal university, not to exceed two mills over	44433
the limitation of one mill prescribed in section 3349.13 of the	44434
Revised Code;	44435

(F) For the construction or acquisition of any specific	44436
permanent improvement or class of improvements that the taxing	44437
authority of the subdivision may include in a single bond issue;	44438

(G) For the general construction, reconstruction,	44439
resurfacing, and repair of streets, roads, and bridges in	44440
municipal corporations, counties, or townships;	44441

(H) For recreational purposes;

44442

(I) For the purpose of providing and maintaining fire	44443
apparatus, appliances, buildings, or sites therefor, or sources of	44444
water supply and materials therefor, or the establishment and	44445
maintenance of lines of fire alarm telegraph, or the payment of	44446
permanent, part-time, or volunteer firefighters or firefighting	44447
companies to operate the same, including the payment of the	44448
firefighter employers' contribution required under section 742.34	44449
of the Revised Code, or the purchase of ambulance equipment, or	44450
the provision of ambulance, paramedic, or other emergency medical	44451
services operated by a fire department or firefighting company;	44452

(J) For the purpose of providing and maintaining motor	44453
vehicles, communications, and other equipment used directly in the	44454
operation of a police department, or the payment of salaries of	44455
permanent police personnel, including the payment of the police	44456
officer employers' contribution required under section 742.33 of	44457
the Revised Code, or the payment of the costs incurred by	44458
townships as a result of contracts made with other political	44459
subdivisions in order to obtain police protection, or the	44460
provision of ambulance or emergency medical services operated by a	44461
police department;	44462

(K) For the maintenance and operation of a county home;

44463

(L) For community mental retardation and developmental	44464
disabilities programs and services pursuant to Chapter 5126. of	44465
the Revised Code, except that the procedure for such levies shall	44466
be as provided in section 5705.222 of the Revised Code;	44467

(M) For regional planning;

44468

(N) For a county's share of the cost of maintaining and	44469
operating schools, district detention homes, forestry camps, or	44470
other facilities, or any combination thereof, established under	44471
section 2151.34 or 2151.65 of the Revised Code or both of those	44472
sections;	44473

(O) For providing for flood defense, providing and	44474
maintaining a flood wall or pumps, and other purposes to prevent	44475
floods;	44476

(P) For maintaining and operating sewage disposal plants and	44477
facilities;	44478

(Q) For the purpose of purchasing, acquiring, constructing,	44479
enlarging, improving, equipping, repairing, maintaining, or	44480
operating, or any combination of the foregoing, a county transit	44481
system pursuant to sections 306.01 to 306.13 of the Revised Code,	44482
or of making any payment to a board of county commissioners	44483
operating a transit system or a county transit board pursuant to	44484
section 306.06 of the Revised Code;	44485

(R) For the subdivision's share of the cost of acquiring or	44486
constructing any schools, forestry camps, detention homes, or	44487
other facilities, or any combination thereof, under section	44488
2151.34 or 2151.65 of the Revised Code or both of those sections;	44489

(S) For the prevention, control, and abatement of air	44490
pollution;	44491

(T) For maintaining and operating cemeteries;

44492

(U) For providing ambulance service, emergency medical	44493
service, or both;	44494

(V) For providing for the collection and disposal of garbage	44495
or refuse, including yard waste;	44496

(W) For the payment of the police officer employers'	44497
contribution or the firefighter employers' contribution required	44498
under sections 742.33 and 742.34 of the Revised Code;	44499

(X) For the construction and maintenance of a drainage	44500
improvement pursuant to section 6131.52 of the Revised Code;	44501

(Y) For providing or maintaining senior citizens services or	44502
facilities as authorized by section 307.694, 307.85, 505.70, or	44503
505.706 or division (EE) of section 717.01 of the Revised Code;	44504

(Z) For the provision and maintenance of zoological park	44505
services and facilities as authorized under section 307.76 of the	44506
Revised Code;	44507

(AA) For the maintenance and operation of a free public	44508
museum of art, science, or history;	44509

(BB) For the establishment and operation of a 9-1-1 system,	44510
as defined in section 4931.40 of the Revised Code;	44511

(CC) For the purpose of acquiring, rehabilitating, or	44512
developing rail property or rail service. As used in this	44513
division, "rail property" and "rail service" have the same	44514
meanings as in section 4981.01 of the Revised Code. This division	44515
applies only to a county, township, or municipal corporation.	44516

(DD) For the purpose of acquiring property for,	44517
constructing, operating, and maintaining community centers as	44518
provided for in section 755.16 of the Revised Code;	44519

(EE) For the creation and operation of an office or joint	44520
office of economic development, for any economic development	44521
purpose of the office, and to otherwise provide for the	44522
establishment and operation of a program of economic development	44523
pursuant to sections 307.07 and 307.64 of the Revised Code;	44524

(FF) For the purpose of acquiring, establishing,	44525
constructing, improving, equipping, maintaining, or operating, or	44526
any combination of the foregoing, a township airport, landing	44527
field, or other air navigation facility pursuant to section 505.15	44528
of the Revised Code;	44529

(GG) For the payment of costs incurred by a township as a	44530
result of a contract made with a county pursuant to section	44531
505.263 of the Revised Code in order to pay all or any part of the	44532
cost of constructing, maintaining, repairing, or operating a water	44533
supply improvement;	44534

(HH) For a board of township trustees to acquire, other than	44535
by appropriation, an ownership interest in land, water, or	44536
wetlands, or to restore or maintain land, water, or wetlands in	44537
which the board has an ownership interest, not for purposes of	44538
recreation, but for the purposes of protecting and preserving the	44539
natural, scenic, open, or wooded condition of the land, water, or	44540
wetlands against modification or encroachment resulting from	44541
occupation, development, or other use, which may be styled as	44542
protecting or preserving "greenspace" in the resolution, notice of	44543
election, or ballot form;	44544

(II) For the support by a county of a crime victim	44545
assistance program that is provided and maintained by a county	44546
agency or a private, nonprofit corporation or association under	44547
section 307.62 of the Revised Code;	44548

(JJ) For any or all of the purposes set forth in divisions	44549
(I) and (J) of this section. This division applies only to a	44550
township.	44551

(KK) For a countywide public safety communications system	44552
under section 307.63 of the Revised Code. This division applies	44553
only to counties.	44554

(LL) For the support by a county of criminal justice	44555
services under section 307.45 of the Revised Code;	44556

(MM) For the purpose of maintaining and operating a jail or	44557
other detention facility as defined in section 2921.01 of the	44558
Revised Code;	44559

(NN) For purchasing, maintaining, or improving, or any	44560
combination of the foregoing, real estate on which to hold	44561
agricultural fairs. This division applies only to a county.	44562

(OO) For constructing, rehabilitating, repairing, or	44563
maintaining sidewalks, walkways, trails, bicycle pathways, or	44564
similar improvements, or acquiring ownership interests in land	44565
necessary for the foregoing improvements, by a board of township	44566
trustees;	44567

(PP) For both of the purposes set forth in divisions (G) and	44568
(OO) of this section. This division applies only to a township.	44569

(QQ) For both of the purposes set forth in divisions (H) and	44570
(HH) of this section. This division applies only to a township.	44571

(RR) For the legislative authority of a municipal	44572
corporation, board of county commissioners of a county, or board	44573
of township trustees of a township to acquire agricultural	44574
easements, as defined in section 5301.67 of the Revised Code, and	44575
to supervise and enforce the easements.	44576

(SS) For both of the purposes set forth in divisions (BB)	44577
and (KK) of this section. This division applies only to a county.	44578

The resolution shall be confined to the purpose or purposes	44579
described in one division of this section, to which the revenue	44580
derived therefrom shall be applied. The existence in any other	44581
division of this section of authority to levy a tax for any part	44582
or all of the same purpose or purposes does not preclude the use	44583
of such revenues for any part of the purpose or purposes of the	44584
division under which the resolution is adopted.	44585

The resolution shall specify the amount of the increase in	44586
rate that it is necessary to levy, the purpose of that increase in	44587
rate, and the number of years during which the increase in rate	44588
shall be in effect, which may or may not include a levy upon the	44589
duplicate of the current year. The number of years may be any	44590
number not exceeding five, except as follows:	44591

(1) When the additional rate is for the payment of debt	44592
charges, the increased rate shall be for the life of the	44593
indebtedness.	44594

(2) When the additional rate is for any of the following,	44595
the increased rate shall be for a continuing period of time:	44596

(a) For the current expenses for a detention home district,	44597
a district organized under section 2151.65 of the Revised Code, or	44598
a combined district organized under sections 2151.34 and 2151.65	44599
of the Revised Code;	44600

(b) For providing a county's share of the cost of	44601
maintaining and operating schools, district detention homes,	44602
forestry camps, or other facilities, or any combination thereof,	44603
established under section 2151.34 or 2151.65 of the Revised Code	44604
or under both of those sections.	44605

(3) When the additional rate is for any of the following,	44606
the increased rate may be for a continuing period of time:	44607

(a) For the purposes set forth in division (I), (J), (U), or	44608
(KK) of this section;	44609

(b) For the maintenance and operation of a joint recreation	44610
district;	44611

(c) A levy imposed by a township for the purposes set forth	44612
in division (G) of this section.	44613

(4) When the increase is for the purpose set forth in	44614
division (D) or (CC) of this section or for both of the purposes	44615
set forth in divisions (G) and (OO) of this section, the tax levy	44616
may be for any specified number of years or for a continuing	44617
period of time, as set forth in the resolution.	44618

(5) When the additional rate is for the purpose described in	44619
division (Z) of this section, the increased rate shall be for any	44620
number of years not exceeding ten.	44621

A levy for the purposes set forth in division (I), (J), or	44622
(U) of this section, and a levy imposed by a township for the	44623
purposes set forth in division (G) of this section, may be reduced	44624
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	44625
levy for the purposes set forth in division (I), (J), or (U) of	44626
this section, and a levy imposed by a township for the purposes	44627
set forth in division (G) of this section, may also be terminated	44628
or permanently reduced by the taxing authority if it adopts a	44629
resolution stating that the continuance of the levy is unnecessary	44630
and the levy shall be terminated or that the millage is excessive	44631
and the levy shall be decreased by a designated amount.	44632

A resolution of a detention home district, a district	44633
organized under section 2151.65 of the Revised Code, or a combined	44634
district organized under both sections 2151.34 and 2151.65 of the	44635
Revised Code may include both current expenses and other purposes,	44636
provided that the resolution shall apportion the annual rate of	44637
levy between the current expenses and the other purpose or	44638
purposes. The apportionment need not be the same for each year of	44639
the levy, but the respective portions of the rate actually levied	44640
each year for the current expenses and the other purpose or	44641
purposes shall be limited by the apportionment.	44642

Whenever a board of county commissioners, acting either as	44643
the taxing authority of its county or as the taxing authority of a	44644
sewer district or subdistrict created under Chapter 6117. of the	44645
Revised Code, by resolution declares it necessary to levy a tax in	44646
excess of the ten-mill limitation for the purpose of constructing,	44647
improving, or extending sewage disposal plants or sewage systems,	44648
the tax may be in effect for any number of years not exceeding	44649
twenty, and the proceeds of the tax, notwithstanding the general	44650
provisions of this section, may be used to pay debt charges on any	44651
obligations issued and outstanding on behalf of the subdivision	44652
for the purposes enumerated in this paragraph, provided that any	44653
such obligations have been specifically described in the	44654
resolution.	44655

The resolution shall go into immediate effect upon its	44656
passage, and no publication of the resolution is necessary other	44657
than that provided for in the notice of election.	44658

When the electors of a subdivision have approved a tax levy	44659
under this section, the taxing authority of the subdivision may	44660
anticipate a fraction of the proceeds of the levy and issue	44661
anticipation notes in accordance with section 5705.191 or 5705.193	44662
of the Revised Code.	44663

Sec. 5705.41.  No subdivision or taxing unit shall:

44664

(A) Make any appropriation of money except as provided in	44665
Chapter 5705. of the Revised Code; provided, that the	44666
authorization of a bond issue shall be deemed to be an	44667
appropriation of the proceeds of the bond issue for the purpose	44668
for which such bonds were issued, but no expenditure shall be made	44669
from any bond fund until first authorized by the taxing authority;	44670

(B) Make any expenditure of money unless it has been	44671
appropriated as provided in such chapter;	44672

(C) Make any expenditure of money except by a proper warrant	44673
drawn against an appropriate fund;	44674

(D)(1) Except as otherwise provided in division (D)(2) of	44675
this section and section 5705.44 of the Revised Code, make any	44676
contract or give any order involving the expenditure of money	44677
unless there is attached thereto a certificate of the fiscal	44678
officer of the subdivision that the amount required to meet the	44679
obligation or, in the case of a continuing contract to be	44680
performed in whole or in part in an ensuing fiscal year, the	44681
amount required to meet the obligation in the fiscal year in which	44682
the contract is made, has been lawfully appropriated for such	44683
purpose and is in the treasury or in process of collection to the	44684
credit of an appropriate fund free from any previous encumbrances.	44685
This certificate need be signed only by the subdivision's fiscal	44686
officer. Every such contract made without such a certificate	44687
shall be void, and no warrant shall be issued in payment of any	44688
amount due thereon. If no certificate is furnished as required,	44689
upon receipt by the taxing authority of the subdivision or taxing	44690
unit of a certificate of the fiscal officer stating that there was	44691
at the time of the making of such contract or order and at the	44692
time of the execution of such certificate a sufficient sum	44693
appropriated for the purpose of such contract and in the treasury	44694
or in process of collection to the credit of an appropriate fund	44695
free from any previous encumbrances, such taxing authority may	44696
authorize the drawing of a warrant in payment of amounts due upon	44697
such contract, but such resolution or ordinance shall be passed	44698
within thirty days from the receipt of such certificate; provided	44699
that, if the amount involved is less than one hundred dollars in	44700
the case of counties or one thousand dollars in the case of all	44701
other subdivisions or taxing units, the fiscal officer may	44702
authorize it to be paid without such affirmation of the taxing	44703
authority of the subdivision or taxing unit, if such expenditure	44704
is otherwise valid.	44705

(2) Annually, the board of county commissioners may adopt a	44706
resolution exempting for the current fiscal year county purchases	44707
of seven hundred fifty dollars or less from the requirement of	44708
division (D)(1) of this section that a certificate be attached to	44709
any contract or order involving the expenditure of money. The	44710
resolution shall state the dollar amount that is exempted from the	44711
certificate requirement and whether the exemption applies to all	44712
purchases, to one or more specific classes of purchases, or to the	44713
purchase of one or more specific items. Prior to the adoption of	44714
the resolution, the board shall give written notice to the county	44715
auditor that it intends to adopt the resolution. The notice shall	44716
state the dollar amount that is proposed to be exempted and	44717
whether the exemption would apply to all purchases, to one or more	44718
specific classes of purchases, or to the purchase of one or more	44719
specific items. The county auditor may review and comment on the	44720
proposal, and shall send any comments to the board within fifteen	44721
days after receiving the notice. The board shall wait at least	44722
fifteen days after giving the notice to the auditor before	44723
adopting the resolution. A person authorized to make a county	44724
purchase in a county that has adopted such a resolution shall	44725
prepare and file with the county auditor, within three business	44726
days after incurring an obligation not requiring a certificate, a	44727
written document specifying the purpose and amount of the	44728
expenditure, the date of the purchase, the name of the vendor, and	44729
such additional information as the auditor of state may prescribe.	44730

(3) Upon certification by the auditor or other chief fiscal	44731
officer that a certain sum of money, not in excess of five	44732
thousand dollars, has been lawfully appropriated, authorized, or	44733
directed for a certain purpose and is in the treasury or in the	44734
process of collection to the credit of a specific line-item	44735
appropriation account in a certain fund free from previous and	44736
then outstanding obligations or certifications, then for such	44737
purpose and from such line-item appropriation account in such	44738
fund, over a period not exceeding three months and not extending	44739
beyond the end of the fiscal year, expenditures may be made,	44740
orders for payment issued, and contracts or obligations calling	44741
for or requiring the payment of money made and assumed; provided,	44742
that the aggregate sum of money included in and called for by such	44743
expenditures, orders, contracts, and obligations shall not exceed	44744
the sum so certified. Such a certification need be signed only by	44745
the fiscal officer of the subdivision or the taxing district and	44746
may, but need not, be limited to a specific vendor. An itemized	44747
statement of obligations incurred and expenditures made under such	44748
certificate shall be rendered to the auditor or other chief fiscal	44749
officer before another such certificate may be issued, and not	44750
more than one such certificate shall be outstanding at a time.	44751

In addition to providing the certification for expenditures	44752
of five thousand dollars or less as provided in this division, a	44753
subdivision also may make expenditures, issue orders for payment,	44754
and make contracts or obligations calling for or requiring the	44755
payment of money made and assumed for specified permitted purposes	44756
from a specific line-item appropriation account in a specified	44757
fund for a sum of money exceeding five thousand dollars upon the	44758
certification by the fiscal officer of the subdivision that this	44759
sum of money has been lawfully appropriated, authorized, or	44760
directed for a permitted purpose and is in the treasury or in the	44761
process of collection to the credit of the specific line-item	44762
appropriation account in the specified fund free from previous and	44763
then-outstanding obligations or certifications; provided that the	44764
aggregate sum of money included in and called for by the	44765
expenditures, orders, and obligations shall not exceed the	44766
certified sum. The purposes for which a subdivision may lawfully	44767
appropriate, authorize, or issue such a certificate are the	44768
services of an accountant, architect, attorney at law, physician,	44769
professional engineer, construction project manager, consultant,	44770
surveyor, or appraiser by or on behalf of the subdivision or	44771
contracting authority; fuel oil, gasoline, food items, roadway	44772
materials, and utilities; and any purchases exempt from	44773
competitive bidding under section 125.04 of the Revised Code and	44774
any other specific expenditure that is a recurring and reasonably	44775
predictable operating expense. Such a certification shall not	44776
extend beyond the end of the fiscal year or, in the case of a	44777
board of county commissioners that has established a quarterly	44778
spending plan under section 5705.392 of the Revised Code, beyond	44779
the quarter to which the plan applies. Such a certificate shall	44780
be signed by the fiscal officer and may, but need not, be limited	44781
to a specific vendor. An itemized statement of obligations	44782
incurred and expenditures made under such a certificate shall be	44783
rendered to the fiscal officer for each certificate issued. More	44784
than one such certificate may be outstanding at any time.	44785

In any case in which a contract is entered into upon a per	44786
unit basis, the head of the department, board, or commission for	44787
the benefit of which the contract is made shall make an estimate	44788
of the total amount to become due upon such contract, which	44789
estimate shall be certified in writing to the fiscal officer of	44790
the subdivision. Such a contract may be entered into if the	44791
appropriation covers such estimate, or so much thereof as may be	44792
due during the current year. In such a case the certificate of	44793
the fiscal officer based upon the estimate shall be a sufficient	44794
compliance with the law requiring a certificate.	44795

Any certificate of the fiscal officer attached to a contract	44796
shall be binding upon the political subdivision as to the facts	44797
set forth therein. Upon request of any person receiving an order	44798
or entering into a contract with any political subdivision, the	44799
certificate of the fiscal officer shall be attached to such order	44800
or contract. "Contract" as used in this section excludes current	44801
payrolls of regular employees and officers.	44802

Taxes and other revenue in process of collection, or the	44803
proceeds to be derived from authorized bonds, notes, or	44804
certificates of indebtedness sold and in process of delivery,	44805
shall for the purpose of this section be deemed in the treasury or	44806
in process of collection and in the appropriate fund. This	44807
section applies neither to the investment of sinking funds by the	44808
trustees of such funds, nor to investments made under sections	44809
731.56 to 731.59 of the Revised Code.	44810

No district authority shall, in transacting its own affairs,	44811
do any of the things prohibited to a subdivision by this section,	44812
but the appropriation referred to shall become the appropriation	44813
by the district authority, and the fiscal officer referred to	44814
shall mean the fiscal officer of the district authority.	44815

Sec. 5705.44.  When contracts or leases run beyond the	44816
termination of the fiscal year in which they are made, the fiscal	44817
officer of the taxing authority shall make a certification for the	44818
amount required to meet the obligation of such contract or lease	44819
maturing in such fiscal year. The amount of the obligation under	44820
such contract or lease remaining unfulfilled at the end of a	44821
fiscal year, and which will become payable during the next fiscal	44822
year, shall be included in the annual appropriation measure for	44823
the next year as a fixed charge.	44824

The certificate required by section 5705.41 of the Revised	44825
Code as to money in the treasury shall not be required for	44826
contracts on which payments are to be made from the earnings of a	44827
publicly operated water works or public utility, but in the case	44828
of any such contract made without such certification, no payment	44829
shall be made on account thereof, and no claim or demand thereon	44830
shall be recoverable, except out of such earnings. That	44831
certificate also shall not be required if requiring the	44832
certificate makes it impossible for a county board of mental	44833
retardation and developmental disabilities to pay the nonfederal	44834
share of medicaid expenditures that the county board is required	44835
by division (A) of section 5126.056 of the Revised Code to pay.	44836

Sec. 5709.17.  (A) Real estate held or occupied by an	44837
association or corporation, organized or incorporated under the	44838
laws of this state relative to soldiers' memorial associations,	44839
monumental building associations, or cemetery associations or	44840
corporations, which in the opinion of the trustees, directors, or	44841
managers thereof is necessary and proper to carry out the object	44842
intended for such association or corporation, shall be exempt from	44843
taxation.	44844

(B) Real estate and tangible personal property held or	44845
occupied by a war veterans' organization, which is organized	44846
exclusively for charitable purposes and incorporated under the	44847
laws of this state or the United States, except real estate held	44848
by such organization for the production of rental income, shall be	44849
exempt from taxation.	44850

(C) Tangible personal property held by a corporation	44851
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	44852
section 501(c)(3) of the Internal Revenue Code, and exempt from	44853
taxation under section 501(a) of the Internal Revenue Code shall	44854
be exempt from taxation if it is surplus property obtained as	44855
described in 112 Stat. 1340, 36 U.S.C.A. 40730.	44856

Sec. 5711.33.  (A)(1) When a county treasurer receives a	44857
certificate from a county auditor pursuant to division (A) of	44858
section 5711.32 of the Revised Code charging the treasurer with	44859
the collection of an amount of taxes due as the result of a	44860
deficiency assessment, the treasurer shall immediately prepare and	44861
mail a tax bill to the taxpayer owing such tax. The tax bill	44862
shall contain the name of the taxpayer; the taxable value, tax	44863
rate, and taxes charged for each year being assessed; the total	44864
amount of taxes due; the final date payment may be made without	44865
additional penalty; and any other information the treasurer	44866
considers pertinent or necessary. Taxes due and payable as a	44867
result of a deficiency assessment, less any amount specifically	44868
excepted from collection under division (B) of section 5711.32 of	44869
the Revised Code, shall be paid with interest thereon as	44870
prescribed by section 5719.041 of the Revised Code on or before	44871
the sixtieth day following the date of issuance of the certificate	44872
by the county auditor. The balance of taxes found due and payable	44873
after a final determination by the tax commissioner or a final	44874
judgment of the board of tax appeals or any court to which such	44875
final judgment may be appealed, shall be paid with interest	44876
thereon as prescribed by section 5719.041 of the Revised Code on	44877
or before the sixtieth day following the date of certification by	44878
the auditor to the treasurer pursuant to division (C) of section	44879
5711.32 of the Revised Code of such final determination or	44880
judgment. Such final dates for payment shall be determined and	44881
exhibited on the tax bill by the treasurer.	44882

(2) If, on or before the sixtieth day following the date of	44883
a certification of a deficiency assessment under division (A) of	44884
section 5711.32 of the Revised Code or of a certification of a	44885
final determination or judgment under division (C) of section	44886
5711.32 of the Revised Code, the taxpayer pays the full amount of	44887
taxes and interest due at the time of the receipt of certification	44888
with respect to that assessment, determination, or judgment, no	44889
interest shall accrue or be charged with respect to that	44890
assessment, determination, or judgment for the period that begins	44891
on the first day of the month in which the certification is made	44892
and that ends on the last day of the month preceding the month in	44893
which such sixtieth day occurs.	44894

(3) In addition to any other means provided by law for the	44895
collection of such taxes, the county treasurer may enter into a	44896
written tax contract with a taxpayer charged with the payment of	44897
taxes as a result of a deficiency assessment issued under division	44898
(A) of section 5711.32 of the Revised Code whereby the taxpayer is	44899
permitted to pay the full amount of those taxes in installments.	44900
Such a contract may not be entered into later than the sixtieth	44901
day after the day the assessment is issued. The terms of the tax	44902
contract shall include the amount payable and the due date of each	44903
installment including the final payment date, which shall be not	44904
more than five years after the date of the first payment. A	44905
receipt shall be issued for each installment payment when paid.	44906
Each payment shall be applied to the taxes and interest in the	44907
same order as each became due and shall be apportioned among the	44908
various funds for which the taxes were levied at the next	44909
succeeding tax settlement. When a payment is not tendered as	44910
agreed upon, the treasurer shall declare the tax contract to be	44911
void and proceed to collect the unpaid balance by any means	44912
provided by law. When the treasurer declares a tax contract to be	44913
void, the remaining tax and interest due becomes delinquent, and	44914
the penalty provided by division (B) of this section shall be	44915
imposed on that remaining tax and interest due. The treasurer may	44916
permit a delinquent tax contract to be undertaken on any	44917
delinquent tax due as provided in section 5719.05 of the Revised	44918
Code.	44919

(B) When the taxes charged, as mentioned in division (A) of	44920
this section, are not paid within the time prescribed by such	44921
division or if a tax contract is not entered into as provided in	44922
division (A)(3) of this section, a penalty of ten per cent of the	44923
amount due and unpaid and interest for the period described in	44924
division (A)(2) of this section shall accrue at the time the	44925
treasurer closes the treasurer's office for business on the last	44926
day so prescribed, but if the taxes are paid within ten days	44927
subsequent to the last day prescribed, the treasurer shall waive	44928
the collection of and the auditor shall remit one-half of the	44929
penalty. The treasurer shall not thereafter accept less than the	44930
full amount of taxes and penalty except as otherwise authorized by	44931
law. Such penalty shall be distributed in the same manner and at	44932
the same time as the tax upon which it has accrued. The whole	44933
amount collected shall be included in the next succeeding	44934
settlement of appropriate taxes.	44935

(C) When the taxes charged, as mentioned in division (A) of	44936
this section, remain unpaid after the final date for payment	44937
prescribed by such division, such charges shall be deemed to be	44938
delinquent taxes. The county auditor shall cause such charges,	44939
including the penalty that has accrued pursuant to this section,	44940
to be added to the delinquent tax duplicate in accordance with	44941
section 5719.04 of the Revised Code.	44942

(D) The county auditor, upon consultation with the county	44943
treasurer, shall remit a penalty imposed under division (B) of	44944
this section or division (C) of section 5719.03 of the Revised	44945
Code for the late payment of taxes when:	44946

(1) The taxpayer could not make timely payment of the tax	44947
because of the negligence or error of the auditor or treasurer in	44948
the performance of a statutory duty relating to the levy or	44949
collection of such tax.	44950

(2) In cases other than those described in division (D)(1)	44951
of this section, the taxpayer failed to receive a tax bill or a	44952
correct tax bill, and the taxpayer made a good faith effort to	44953
obtain such bill within thirty days after the last day for payment	44954
of the tax.	44955

(3) The tax was not timely paid because of the death or	44956
serious injury of the taxpayer, or the taxpayer's confinement in a	44957
hospital within sixty days preceding the last day for payment of	44958
the tax if, in any case, the tax was subsequently paid within	44959
sixty days after the last day for payment of such tax.	44960

(4) The taxpayer demonstrates to the satisfaction of the	44961
auditor that the full payment was properly deposited in the mail	44962
in sufficient time for the envelope to be postmarked by the United	44963
States postal service on or before the last day for payment of	44964
such tax. A private meter postmark on an envelope is not a valid	44965
postmark for purposes of establishing the date of payment of such	44966
tax.	44967

(E) The taxpayer, upon application, may request the tax	44968
commissioner to review the denial of the remission of a penalty by	44969
the auditor. The commissioner shall consider the application,	44970
determine whether the penalty should be remitted, and certify the	44971
determination to the taxpayer and to the treasurer and auditor who	44972
shall correct the tax list and duplicate accordingly. The	44973
commissioner shall issue orders and instructions for the uniform	44974
implementation of this section by all auditors and treasurers, and	44975
such orders and instructions shall be followed by such officers.	44976

Sec. 5721.30.  As used in sections 5721.30 to 5721.42 of the	44977
Revised Code:	44978

(A) "Tax certificate," "certificate," or "duplicate	44979
certificate" means a document which may be issued as a physical	44980
certificate, in book-entry form, or through an electronic medium,	44981
at the discretion of the county treasurer. Such document shall	44982
contain the information required by section 5721.31 of the Revised	44983
Code and shall be prepared, transferred, or redeemed in the manner	44984
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As	44985
used in those sections, "tax certificate," "certificate," and	44986
"duplicate certificate" do not refer to the delinquent land tax	44987
certificate or the delinquent vacant land tax certificate issued	44988
under section 5721.13 of the Revised Code.	44989

(B) "Certificate parcel" means the parcel of delinquent land	44990
that is the subject of and is described in a tax certificate.	44991

(C) "Certificate holder" means a person who purchases a tax	44992
certificate under section 5721.32 or 5721.33 of the Revised Code,	44993
or a person to whom a tax certificate has been transferred	44994
pursuant to section 5721.36 of the Revised Code.	44995

(D) "Certificate purchase price" means, with respect to the	44996
sale of tax certificates under sections 5721.32 and 5721.33 of the	44997
Revised Code, the amount equal to delinquent taxes, assessments,	44998
penalties, and interest computed under section 323.121 of the	44999
Revised Code charged against a certificate parcel at the time the	45000
tax certificate respecting that parcel is sold, not including any	45001
delinquent taxes, assessments, penalties, interest, and charges,	45002
the lien for which has been conveyed to a certificate holder	45003
through a prior sale of a tax certificate respecting that parcel;	45004
provided, however, that payment of the certificate purchase price	45005
in a sale under section 5721.33 of the Revised Code may be made	45006
wholly in cash or partially in cash and partially by noncash	45007
consideration acceptable to the county treasurer from the	45008
purchaser. In the event that any such noncash consideration is	45009
delivered to pay a portion of the certificate purchase price, such	45010
noncash consideration may be subordinate to the rights of the	45011
holders of other obligations whose proceeds paid the cash portion	45012
of the certificate purchase price.	45013

"Certificate purchase price" also includes the amount of the	45014
fee charged by the county treasurer to the purchaser of the	45015
certificate under division (H) of section 5721.32 of the Revised	45016
Code.	45017

(E) With respect to a sale of tax certificates under section	45018
5721.32 of the Revised Code and except as provided in division	45019
(E)(3) of this section, "certificate redemption price" means the	45020
amount determined under division (E)(1) or (2) of this section.	45021

(1) During the first year after the date on which a tax	45022
certificate is sold, the sum of the following:	45023

(a) The certificate purchase price;

45024

(b) The greater of the following:

45025

(i) Interest, at the certificate rate of interest, accruing	45026
during the certificate interest period on the certificate purchase	45027
price;	45028

(ii) Six per cent of the certificate purchase price.

45029

(c) The fee charged by the county treasurer to the purchaser	45030
of the certificate under division (H) of section 5721.32 of the	45031
Revised Code.	45032

(2) After the first year after the date on which a tax	45033
certificate is sold, the sum of the following:	45034

(a)(i) If division (E)(1)(b)(i) applied during the first	45035
year, the certificate purchase price;	45036

(ii) If division (E)(1)(b)(ii) applied during the first	45037
year, the sum of the certificate purchase price plus six per cent	45038
of the certificate purchase price.	45039

(b)(i) If division (E)(1)(b)(i) applied during the first	45040
year, interest at the certificate rate of interest accruing during	45041
the certificate interest period on the certificate purchase price;	45042

(ii) If division (E)(1)(b)(ii) applied during the first	45043
year, interest at the certificate rate of interest, accruing	45044
during the part of the certificate interest period that begins one	45045
year after the date of the sale of the certificate, on the sum of	45046
the certificate purchase price plus six per cent of the	45047
certificate purchase price.	45048

(c) The fee charged by the county treasurer to the purchaser	45049
of the certificate under division (H) of section 5721.32 of the	45050
Revised Code.	45051

(3) If the certificate rate of interest equals zero, the	45052
certificate redemption price equals the certificate purchase price	45053
plus the fee charged by the county treasurer to the purchaser of	45054
the certificate under division (H) of section 5721.32 of the	45055
Revised Code.	45056

(F) With respect to a sale of tax certificates under section	45057
5721.33 of the Revised Code, "certificate redemption price" means	45058
the amount equal to the sum of the following:	45059

(1) The certificate purchase price;

45060

(2) Interest accrued on the certificate purchase price at	45061
the certificate rate of interest from the date on which a tax	45062
certificate is delivered through and including the day immediately	45063
preceding the day on which the certificate redemption price is	45064
paid;	45065

(3) The fee, if any, charged by the county treasurer to the	45066
purchaser of the certificate under division (J) of section 5721.33	45067
of the Revised Code;	45068

(4) Any other fees charged by any county office in	45069
connection with the recording of tax certificates.	45070

(G) "Certificate rate of interest" means the rate of simple	45071
interest per year bid by the winning bidder in an auction of a tax	45072
certificate held under section 5721.32 of the Revised Code, or the	45073
rate of simple interest per year not to exceed eighteen per cent	45074
per year fixed by the county treasurer with respect to any tax	45075
certificate sold pursuant to a negotiated sale under section	45076
5721.33 of the Revised Code.	45077

(H) "Cash" means United States currency, certified checks,	45078
money orders, bank drafts, or electronic transfer of funds, and	45079
excludes any other form of payment.	45080

(I) "The date on which a tax certificate is sold," "the date	45081
the certificate was sold," "the date the certificate is	45082
purchased," and any other phrase of similar content mean, with	45083
respect to a sale pursuant to an auction under section 5721.32 of	45084
the Revised Code, the date designated by the county treasurer for	45085
the submission of bids and, with respect to a negotiated sale	45086
under section 5721.33 of the Revised Code, the date of delivery of	45087
the tax certificates to the purchasers thereof pursuant to a tax	45088
certificate sale/purchase agreement.	45089

(J) "Purchaser of a tax certificate pursuant to section	45090
5721.32 of the Revised Code" means the winning bidder in an	45091
auction of a tax certificate held under section 5721.32 of the	45092
Revised Code.	45093

(K) "Certificate interest period" means, with respect to a	45094
tax certificate sold under section 5721.32 of the Revised Code,	45095
the period beginning on the date the certificate is purchased and,	45096
with respect to a tax certificate sold under section 5721.33 of	45097
the Revised Code, the period beginning on the date of delivery of	45098
the tax certificate, and in either case ending on one of the	45099
following dates:	45100

(1) In the case of foreclosure proceedings instituted under	45101
section 5721.37 of the Revised Code, the date the certificate	45102
holder submits a payment to the treasurer under division (B) of	45103
that section;	45104

(2) In the case of a certificate parcel redeemed under	45105
division (A) or (C) of section 5721.38 of the Revised Code, the	45106
date the owner of record of the certificate parcel, or any other	45107
person entitled to redeem that parcel, pays to the county	45108
treasurer or to the certificate holder, as applicable, the full	45109
amount determined under that section.	45110

(L) "County treasurer" means, with respect to the sale of tax	45111
certificates under section 5721.32, or 5721.33 of the Revised	45112
Code, the county treasurer of a county having a population of at	45113
least two hundred thousand according to the then most recent	45114
federal decennial census and, with respect to the sale of tax	45115
certificates under section 5721.33 of the Revised Code, the county	45116
treasurer of a county having a population of at least one million	45117
four hundred thousand according to the then most recent federal	45118
decennial census.	45119

(M) "Qualified trustee" means a trust company within the	45120
state or a bank having the power of a trust company within the	45121
state with a combined capital stock, surplus, and undivided	45122
profits of at least one hundred million dollars.	45123

(N) "Tax certificate sale/purchase agreement" means the	45124
purchase and sale agreement described in division (C) of section	45125
5721.33 of the Revised Code setting forth the certificate purchase	45126
price, plus any applicable premium or less any applicable	45127
discount, including, without limitation, the amount thereof to be	45128
paid in cash and the amount and nature of any noncash	45129
consideration, the date of delivery of the tax certificates, and	45130
the other terms and conditions of the sale, including, without	45131
limitation, the rate of interest that the tax certificates shall	45132
bear.	45133

(O) "Noncash consideration" means any form of consideration	45134
other than cash, including, but not limited to, promissory notes	45135
whether subordinate or otherwise.	45136

(P) "Private attorney" means for purposes of section 5721.37	45137
of the Revised Code, any attorney licensed to practice law in this	45138
state, whether practicing with a firm of attorneys or otherwise,	45139
whose license has not been revoked or otherwise suspended and who	45140
brings foreclosure proceedings pursuant to section 5721.37 of the	45141
Revised Code on behalf of a certificate holder.	45142

(Q) "Related certificate parcel" means, with respect to a	45143
certificate holder, the certificate parcel with respect to which	45144
the certificate holder has purchased and holds a tax certificate	45145
pursuant to sections 5721.30 to 5721.41 of the Revised Code and,	45146
with respect to a tax certificate, the certificate parcel against	45147
which the tax certificate has been sold pursuant to those	45148
sections.	45149

Sec. 5725.31.  (A) As used in this section:

45150

(1) "Eligible employee" and "eligible training costs" have	45151
the same meanings as in section 5733.42 of the Revised Code.	45152

(2) "Tax assessed under this chapter" means, in the case of a	45153
dealer in intangibles, the tax assessed under sections 5725.13 to	45154
5725.17 of the Revised Code and, in the case of a domestic	45155
insurance company, the taxes assessed under sections 5725.18 to	45156
5725.26 of the Revised Code.	45157

(3) "Taxpayer" means a dealer in intangibles or a domestic	45158
insurance company subject to a tax assessed under this chapter.	45159

(4) "Credit period" means, in the case of a dealer in	45160
intangibles, the calendar year ending on the thirty-first day of	45161
December next preceding the day the report is required to be	45162
returned under section 5725.14 of the Revised Code and, in the	45163
case of a domestic insurance company, the calendar year ending on	45164
the thirty-first day of December next preceding the day the annual	45165
statement is required to be returned under section 5725.18 or	45166
5725.181 of the Revised Code.	45167

(B) There is hereby allowed a nonrefundable credit against	45168
the tax imposed under this chapter for a taxpayer for which a tax	45169
credit certificate is issued under section 5733.42 of the Revised	45170
Code. The credit may be claimed for credit periods beginning on	45171
or after January 1, 2001 2003, and ending on or before December	45172
31, 2003 2005. The amount of the credit for the credit period	45173
beginning on January 1, 2003, shall equal one-half of the average	45174
of the eligible training costs paid or incurred by the taxpayer	45175
during the three calendar years immediately preceding the credit	45176
period for which the credit is claimed 1998, 1999, and 2000, not	45177
to exceed one thousand dollars for each eligible employee on	45178
account of whom eligible training costs were paid or incurred by	45179
the taxpayer. The amount of the credit for the credit period	45180
beginning on January 1, 2004, shall equal one-half of the average	45181
of the eligible training costs paid or incurred by the taxpayer	45182
during calendar years 2002, 2003, and 2004, not to exceed one	45183
thousand dollars for each eligible employee on account of whom	45184
eligible training costs were paid or incurred by the taxpayer. The	45185
amount of the credit for the credit period beginning on January 1,	45186
2005, shall equal one-half of the average of the eligible training	45187
costs paid or incurred by the taxpayer during calendar years 2003,	45188
2004, and 2005, not to exceed one thousand dollars for each	45189
eligible employee on account of whom eligible training costs were	45190
paid or incurred by the taxpayer. The credit claimed by a taxpayer	45191
each credit period shall not exceed one hundred thousand dollars.	45192

A taxpayer shall apply to the director of job and family	45193
services for a tax credit certificate in the manner prescribed by	45194
division (C) of section 5733.42 of the Revised Code. Divisions	45195
(C) to (H) of that section govern the tax credit allowed by this	45196
section, except that "credit period" shall be substituted for "tax	45197
year with respect to a calendar year" wherever that phrase appears	45198
in those divisions and that a taxpayer under this section shall be	45199
considered a taxpayer for the purposes of that section.	45200

A taxpayer may carry forward the credit allowed under this	45201
section to the extent that the credit exceeds the taxpayer's tax	45202
due for the credit period. The taxpayer may carry the excess	45203
credit forward for three credit periods following the credit	45204
period for which the credit is first claimed under this section.	45205
The credit allowed by this section is in addition to any credit	45206
allowed under section 5729.031 of the Revised Code.	45207

Sec. 5727.25.  (A) Except as provided in division (B) of	45208
this section, within forty-five days after the last day of March,	45209
June, September, and December, each natural gas company or	45210
combined company subject to the excise tax imposed by section	45211
5727.24 of the Revised Code shall file a return with the treasurer	45212
of state tax commissioner, in such form as the tax commissioner	45213
prescribes, and pay the full amount of the tax due on its taxable	45214
gross receipts for the preceding calendar quarter, except that the	45215
first payment of this tax shall be made on or before November 15,	45216
2000, for the five-month period of May 1, 2000, to September 30,	45217
2000. All payments made under this division shall be made by	45218
electronic funds transfer in accordance with section 5727.311 of	45219
the Revised Code.	45220

(B) Any natural gas company or combined company subject to	45221
the excise tax imposed by this section that has an annual tax	45222
liability for the preceding calendar year ending on the	45223
thirty-first day of December of less than three hundred	45224
twenty-five thousand dollars may elect to file an annual return	45225
with the treasurer of state tax commissioner, in such form as the	45226
tax commissioner prescribes, for the next year. A company that	45227
elects to file an annual return for the calendar year shall file	45228
the return and remit the taxes due on its taxable gross receipts	45229
within forty-five days after the thirty-first day of December. The	45230
first payment of the tax under this division shall be made on or	45231
before February 14, 2001, for the period of May 1, 2000, to	45232
December 31, 2000. The minimum tax for a natural gas company or	45233
combined company subject to this division shall be fifty dollars,	45234
and the company shall not be required to remit the tax due by	45235
electronic funds transfer.	45236

(C) A return required to be filed under division (A) or (B)	45237
of this section shall show the amount of tax due from the company	45238
for the period covered by the return and any other information as	45239
prescribed by the tax commissioner. A return shall be considered	45240
filed when received by the treasurer of state tax commissioner.	45241
The commissioner may extend the time for making and filing returns	45242
and paying the tax.	45243

(D) Any natural gas company or combined company that fails	45244
to file a return or pay the full amount of the tax due within the	45245
period prescribed under this section shall pay an additional	45246
charge of fifty dollars or ten per cent of the tax required to be	45247
paid for the reporting period, whichever is greater. If any tax	45248
due is not paid timely in accordance with this section, the	45249
company liable for the tax shall pay interest, calculated at the	45250
rate per annum prescribed by section 5703.47 of the Revised Code,	45251
from the date the tax payment was due to the date of payment or to	45252
the date an assessment was issued, whichever occurs first. The	45253
tax commissioner may collect any additional charge or interest	45254
imposed by this section by assessment in the manner provided in	45255
section 5727.26 of the Revised Code. The commissioner may abate	45256
all or a portion of the additional charge and may adopt rules	45257
governing such abatements.	45258

(E) The tax commissioner shall immediately forward to the	45259
treasurer of state any amounts that the commissioner receives	45260
under this section. The taxes, additional charges, penalties, and	45261
interest collected under sections 5727.24 to 5727.29 of the	45262
Revised Code shall be credited in accordance with section 5727.45	45263
of the Revised Code.	45264

Sec. 5727.26.  (A) The tax commissioner may make an	45265
assessment, based on any information in the commissioner's	45266
possession, against any natural gas company or combined company	45267
that fails to file a return or pay any tax, interest, or	45268
additional charge as required by sections 5727.24 to 5727.29 of	45269
the Revised Code. The commissioner shall give the company	45270
assessed written notice of the assessment as provided in section	45271
5703.37 of the Revised Code. A penalty of up to fifteen per cent	45272
may be added to all amounts assessed under this section. The tax	45273
commissioner may adopt rules providing for the imposition and	45274
remission of the penalty.	45275

(B) If a party to whom the notice of assessment is directed	45276
objects to the assessment, the party may file a petition for	45277
reassessment with the tax commissioner. The petition must be made	45278
in writing, signed by the party or the party's authorized agent	45279
having knowledge of the facts, and filed with the commissioner,	45280
either personally or by certified mail, within sixty days after	45281
service of the notice of assessment. The petition shall indicate	45282
the objections of the company assessed, but additional objections	45283
may be raised in writing if received prior to the date shown on	45284
the final determination of the commissioner. Upon receipt of a	45285
properly filed petition, the commissioner shall may notify the	45286
treasurer of state.	45287

Unless the petitioner waives a hearing, the commissioner	45288
shall grant the petitioner a hearing on the petition, assign a	45289
time and place for the hearing, and notify the petitioner of the	45290
time and place of the hearing as provided in section 5703.37 of	45291
the Revised Code. The commissioner may continue the hearing from	45292
time to time, if necessary.	45293

If the party to whom the notice of assessment is directed	45294
does not file a petition for reassessment, the assessment is final	45295
and the amount of the assessment is due and payable from the	45296
company assessed to the treasurer of state. The company assessed	45297
shall make the payment payable to the treasurer of state and shall	45298
deliver the payment to the tax commissioner.	45299

(C) The tax commissioner may make any correction to the	45300
assessment that the commissioner finds proper and shall issue a	45301
final determination thereon. The commissioner shall serve a copy	45302
of the final determination on the petitioner as provided in	45303
section 5703.37 of the Revised Code, and the commissioner's	45304
decision in the matter is final, subject to appeal under section	45305
5717.02 of the Revised Code. The commissioner also shall may	45306
transmit a copy of the final determination to the treasurer of	45307
state. Only objections decided on the merits by the board of tax	45308
appeals or a court shall be given collateral estoppel or res	45309
judicata effect in considering an application for refund of an	45310
amount paid pursuant to the assessment.	45311

(D) After an assessment becomes final, if any portion of the	45312
assessment, including accrued interest, remains unpaid, a	45313
certified copy of the tax commissioner's entry making the	45314
assessment final may be filed in the office of the clerk of the	45315
court of common pleas in the county in which the natural gas	45316
company's or combined company's principal place of business is	45317
located, or in the office of the clerk of court of common pleas of	45318
Franklin county.	45319

The clerk, immediately on the filing of the entry, must enter	45320
judgment for the state against the company assessed in the amount	45321
shown on the entry. The judgment may be filed by the clerk in a	45322
loose-leaf book entitled, "special judgments for the public	45323
utility excise tax on natural gas and combined companies," and	45324
shall have the same effect as other judgments. Execution shall	45325
issue upon the judgment at the request of the tax commissioner,	45326
and all laws applicable to sales on execution shall apply to sales	45327
made under the judgment.	45328

The portion of the assessment not paid within sixty days	45329
after the day the assessment was issued shall bear interest at the	45330
rate per annum prescribed by section 5703.47 of the Revised Code	45331
from the day the tax commissioner issues the assessment until it	45332
is paid. Interest shall be paid in the same manner as the tax and	45333
may be collected by the issuance of an assessment under this	45334
section.	45335

(E) If the tax commissioner believes that collection of the	45336
tax will be jeopardized unless proceedings to collect or secure	45337
collection of the tax are instituted without delay, the	45338
commissioner may issue a jeopardy assessment against the person	45339
liable for the tax. On issuance of the jeopardy assessment, the	45340
commissioner immediately shall file an entry with the clerk of the	45341
court of common pleas in the manner prescribed by division (D) of	45342
this section. Notice of the jeopardy assessment shall be served	45343
on the party assessed or the party's legal representative as	45344
provided in section 5703.37 of the Revised Code within five days	45345
of the filing of the entry with the clerk. The total amount	45346
assessed is immediately due and payable, unless the person	45347
assessed files a petition for reassessment in accordance with	45348
division (B) of this section and provides security in a form	45349
satisfactory to the commissioner and in an amount sufficient to	45350
satisfy the unpaid balance of the assessment. Full or partial	45351
payment of the assessment does not prejudice the commissioner's	45352
consideration of the petition for reassessment.	45353

(F) All interest collected by the The tax commissioner shall	45354
immediately forward to the treasurer of state all amounts that the	45355
tax commissioner receives under this section shall be paid to the	45356
treasurer of state, and when paid such amounts shall be considered	45357
revenue arising from the tax imposed by section 5727.24 of the	45358
Revised Code.	45359

(G) No assessment shall be made or issued against a natural	45360
gas company or combined company for the tax imposed by section	45361
5727.24 of the Revised Code more than four years after the return	45362
date for the period in which the tax was reported, or more than	45363
four years after the return for the period was filed, whichever is	45364
later.	45365

Sec. 5727.81.  (A) For the purpose of raising revenue for	45366
public education and state and local government operations, an	45367
excise tax is hereby levied and imposed on an electric	45368
distribution company for all electricity distributed by such	45369
company beginning with the measurement period that includes May	45370
1, 2001, at the following rates per kilowatt hour of electricity	45371
distributed in a thirty-day period by the company through a meter	45372
of an end user in this state:	45373

If no meter is used to measure the kilowatt hours of	45379
electricity distributed by the company, the rates shall apply to	45380
the estimated kilowatt hours of electricity distributed to an	45381
unmetered location in this state.	45382

The electric distribution company shall base the monthly tax	45383
on the kilowatt hours of electricity distributed to an end user	45384
through the meter of the end user that is not measured for a	45385
thirty-day period by dividing the days in the measurement period	45386
into the total kilowatt hours measured during the measurement	45387
period to obtain a daily average usage. The tax shall be	45388
determined by obtaining the sum of divisions (A)(1), (2), and (3)	45389
of this section and multiplying that amount by the number of days	45390
in the measurement period:	45391

(1) Multiplying $0.00465 per kilowatt hour for the first	45392
sixty-seven kilowatt hours distributed using a daily average;	45393

(2) Multiplying $0.00419 for the next sixty-eight to five	45394
hundred kilowatt hours distributed using a daily average;	45395

(3) Multiplying $0.00363 for the remaining kilowatt hours	45396
distributed using a daily average.	45397

Except Until January 1, 2003, except as provided in division	45398
(C) of this section, the electric distribution company shall pay	45399
the tax to the treasurer of state in accordance with section	45400
5727.82 of the Revised Code. Beginning January 1, 2003, except as	45401
provided in division (C) of this section, the electric	45402
distribution company shall pay the tax to the tax commissioner in	45403
accordance with section 5727.82 of the Revised Code, unless	45404
required to remit each tax payment by electronic funds transfer to	45405
the treasurer of state in accordance with section 5727.83 of the	45406
Revised Code.	45407

Only the distribution of electricity through a meter of an	45408
end user in this state shall be used by the electric distribution	45409
company to compute the amount or estimated amount of tax due. In	45410
the event a meter is not actually read for a measurement period,	45411
the estimated kilowatt hours distributed by an electric	45412
distribution company to bill for its distribution charges shall	45413
be used.	45414

(B) Except as provided in division (C) of this section, each	45415
electric distribution company shall pay the tax imposed by this	45416
section in all of the following circumstances:	45417

(1) The electricity is distributed by the company through a	45418
meter of an end user in this state;	45419

(2) The company is distributing electricity through a meter	45420
located in another state, but the electricity is consumed in this	45421
state in the manner prescribed by the tax commissioner;	45422

(3) The company is distributing electricity in this state	45423
without the use of a meter, but the electricity is consumed in	45424
this state as estimated and in the manner prescribed by the tax	45425
commissioner.	45426

(C)(1) As used in division (C) of this section:

45427

(a) "Total price of electricity" means the aggregate value in	45428
money of anything paid or transferred, or promised to be paid or	45429
transferred, to obtain electricity or electric service, including	45430
but not limited to the value paid or promised to be paid for the	45431
transmission or distribution of electricity and for transition	45432
costs as described in Chapter 4928. of the Revised Code.	45433

(b) "Package" means the provision or the acquisition, at a	45434
combined price, of electricity with other services or products, or	45435
any combination thereof, such as natural gas or other fuels;	45436
energy management products, software, and services; machinery and	45437
equipment acquisition; and financing agreements.	45438

(c) "Single location" means a facility located on contiguous	45439
property separated only by a roadway, railway, or waterway.	45440

(2) Division (C) of this section applies to any commercial	45441
or industrial purchaser's receipt of electricity through a meter	45442
of an end user in this state or through more than one meter at a	45443
single location in this state in a quantity that exceeds	45444
forty-five million kilowatt hours of electricity over the course	45445
of the preceding calendar year, or any commercial or industrial	45446
purchaser that will consume more than forty-five million kilowatt	45447
hours of electricity over the course of the succeeding twelve	45448
months as estimated by the tax commissioner. The tax commissioner	45449
shall make such an estimate upon the written request by an	45450
applicant for registration as a self-assessing purchaser under	45451
this division. Such a purchaser may elect to self-assess the	45452
excise tax imposed by this section at the rate of $.00075 per	45453
kilowatt hour on not more than the first five hundred four million	45454
kilowatt hours distributed to that meter or location during the	45455
registration year, and four per cent of the total price of all	45456
electricity distributed to that meter or location. A qualified	45457
end user that receives electricity through a meter of an end user	45458
in this state or through more than one meter at a single location	45459
in this state and that consumes, over the course of the previous	45460
calendar year, more than forty-five million kilowatt hours in	45461
other than its qualifying manufacturing process, may elect to	45462
self-assess the tax as allowed by this division with respect to	45463
the electricity used in other than its qualifying manufacturing	45464
process. Payment Until January 1, 2003, payment of the tax shall	45465
be made directly to the treasurer of state in accordance with	45466
divisions (A)(4) and (5) of section 5727.82 of the Revised Code.	45467
Beginning January 1, 2003, payment of the tax shall be made	45468
directly to the tax commissioner in accordance with divisions	45469
(A)(4) and (5) of section 5727.82 of the Revised Code, or the	45470
treasurer of state in accordance with section 5727.83 of the	45471
Revised Code. If the electric distribution company serving the	45472
self-assessing purchaser is a municipal electric utility and the	45473
purchaser is within the municipal corporation's corporate limits,	45474
payment shall be made to such municipal corporation's general fund	45475
and reports shall be filed in accordance with divisions (A)(4)	45476
and (5) of section 5727.82 of the Revised Code, except that	45477
"municipal corporation" shall be substituted for "treasurer of	45478
state" and "tax commissioner." A self-assessing purchaser that	45479
pays the excise tax as provided in this division shall not be	45480
required to pay the tax to the electric distribution company from	45481
which its electricity is distributed. If a self-assessing	45482
purchaser's receipt of electricity is not subject to the tax as	45483
measured under this division, the tax on the receipt of such	45484
electricity shall be measured and paid as provided in division (A)	45485
of this section.	45486

(3) In the case of the acquisition of a package, unless the	45487
elements of the package are separately stated isolating the total	45488
price of electricity from the price of the remaining elements of	45489
the package, the tax imposed under this section applies to the	45490
entire price of the package. If the elements of the package are	45491
separately stated, the tax imposed under this section applies to	45492
the total price of the electricity.	45493

(4) Any electric supplier that sells electricity as part of	45494
a package shall separately state to the purchaser the total price	45495
of the electricity and, upon request by the tax commissioner, the	45496
total price of each of the other elements of the package.	45497

(5) The tax commissioner may adopt rules relating to the	45498
computation of the total price of electricity with respect to	45499
self-assessing purchasers, which may include rules to establish	45500
the total price of electricity purchased as part of a package.	45501

(6) Application An annual application for registration as a	45502
self-assessing purchaser shall be made for each qualifying meter	45503
or location, on a form prescribed by the tax commissioner. The	45504
registration year begins on the first day of may and ends on the	45505
following thirtieth day of April. Persons may apply after the	45506
first day of May for the remainder of the registration year. In	45507
the case of an applicant applying on the basis of an estimated	45508
consumption of forty-five million kilowatt hours over the course	45509
of the succeeding twelve months, the applicant shall provide such	45510
information as the tax commissioner considers to be necessary to	45511
estimate such consumption. At the time of making the application	45512
and by the first day of May of each year, excluding May 1, 2000, a	45513
self-assessing purchaser shall pay a fee of five hundred dollars	45514
to the tax commissioner, or to the treasurer of state as provided	45515
in section 5727.83 of the Revised Code, for each qualifying meter	45516
or location. The tax commissioner shall immediately pay to the	45517
treasurer of state all amounts that the tax commissioner receives	45518
under this section. The treasurer of state shall deposit such	45519
fees amounts into the kilowatt hour excise tax administration	45520
fund, which is hereby created in the state treasury. Money in the	45521
fund shall be used to defray the tax commissioner's cost in	45522
administering the tax owed under section 5727.81 of the Revised	45523
Code by self-assessing purchasers. After the application is	45524
approved by the tax commissioner, the registration shall remain in	45525
effect for the current registration year, or until canceled by the	45526
registrant upon written notification to the commissioner of the	45527
election to pay the tax in accordance with division (A) of this	45528
section, or until canceled by the tax commissioner for not paying	45529
the tax or fee under division (C) of this section, or for not	45530
meeting the qualifications in division (C)(2) of this section. The	45531
tax commissioner shall give written notice to the electric	45532
distribution company from which electricity is delivered to a	45533
self-assessing purchaser of the purchaser's self-assessing status,	45534
and the electric distribution company is relieved of the	45535
obligation to pay the tax imposed by division (A) of this section	45536
for electricity distributed to that self-assessing purchaser until	45537
it is notified by the tax commissioner that the self-assessing	45538
purchaser's registration is canceled. Within fifteen days of	45539
notification of the canceled registration, the electric	45540
distribution company shall be responsible for payment of the tax	45541
imposed by division (A) of this section on electricity distributed	45542
to a purchaser that is no longer registered as a self-assessing	45543
purchaser. A self-assessing purchaser with a canceled	45544
registration must file a report and remit the tax imposed by	45545
division (A) of this section on all electricity it receives for	45546
any measurement period prior to the tax being reported and paid by	45547
the electric distribution company. A self-assessing purchaser	45548
whose registration is canceled by the tax commissioner is not	45549
eligible to register as a self-assessing purchaser for two years	45550
after the registration is canceled.	45551

(7) If the tax commissioner cancels the self-assessing	45552
registration of a purchaser registered on the basis of its	45553
estimated consumption because the purchaser does not consume at	45554
least forty-five million kilowatt hours of electricity over the	45555
course of the twelve-month period for which the estimate was made,	45556
the tax commissioner shall assess and collect from the purchaser	45557
the difference between (a) the amount of tax that would have been	45558
payable under division (A) of this section on the electricity	45559
distributed to the purchaser during that period and (b) the amount	45560
of tax paid by the purchaser on such electricity pursuant to	45561
division (C)(2)(a) of this section. The assessment shall be paid	45562
within sixty days after the tax commissioner issues it, regardless	45563
of whether the purchaser files a petition for reassessment under	45564
section 5727.89 of the Revised Code covering that period. If the	45565
purchaser does not pay the assessment within the time prescribed,	45566
the amount assessed is subject to the additional charge and the	45567
interest prescribed by divisions (B) and (C) of section 5727.82 of	45568
the Revised Code, and is subject to assessment under section	45569
5727.89 of the Revised Code. If the purchaser is a qualified end	45570
user, division (C)(7) of this section applies only to electricity	45571
it consumes in other than its qualifying manufacturing process.	45572

(D) The tax imposed by this section does not apply to the	45573
distribution of any kilowatt hours of electricity to the federal	45574
government, to an end user located at a federal facility that uses	45575
electricity for the enrichment of uranium, to a qualified	45576
regeneration meter, or to an end user for any day the end user is	45577
a qualified end user. The exemption under this division for a	45578
qualified end user only applies to the manufacturing location	45579
where the qualified end user uses more than three million kilowatt	45580
hours per day in a qualifying manufacturing process.	45581

Sec. 5727.811.  (A) For the purpose of raising revenue for	45582
public education and state and local government operations, an	45583
excise tax is hereby levied on every natural gas distribution	45584
company for all natural gas volumes billed by, or on behalf of,	45585
the company on and after beginning with the measurement period	45586
that includes July 1, 2001. Except as provided in divisions (C)	45587
or (D) of this section, the tax shall be levied at the following	45588
rates per MCF of natural gas distributed by the company through a	45589
meter of an end user in this state:	45590

If no meter is used to measure the MCF of natural gas	45595
distributed by the company, the rates shall apply to the estimated	45596
MCF of natural gas distributed to an unmetered location in this	45597
state.	45598

(B) A natural gas distribution company shall base the tax on	45599
the MCF of natural gas distributed to an end user through the	45600
meter of the end user in this state that is estimated to be	45601
consumed by the end user as reflected on the end user's customer	45602
statement from the natural gas distribution company. The Until	45603
January 1, 2003, the natural gas distribution company shall pay	45604
the tax levied by this section to the treasurer of state in	45605
accordance with section 5727.82 of the Revised Code. Beginning	45606
January 1, 2003, the natural gas distribution company shall pay	45607
the tax levied by this section to the tax commissioner in	45608
accordance with section 5747.82 of the Revised Code unless	45609
required to remit payment to the treasurer of state in accordance	45610
with section 5727.83 of the Revised Code.	45611

(C) A natural gas distribution company with fifty thousand	45612
customers or less may elect to apply the rates specified in	45613
division (A) of this section to the aggregate of the natural gas	45614
distributed by the company through the meter of all its customers	45615
in this state, and upon such election, this method shall be used	45616
to determine the amount of tax to be paid by such company.	45617

(D) A natural gas distribution company shall pay the tax	45618
imposed by this section at the rate of $.02 per MCF of natural gas	45619
distributed by the company through the meter of a flex customer.	45620
The natural gas distribution company correspondingly shall reduce	45621
the per MCF rate that it charges the flex customer for natural gas	45622
distribution services by $.02 per MCF of natural gas distributed	45623
to the flex customer.	45624

(E) Except as provided in division (F) of this section, each	45625
natural gas distribution company shall pay the tax imposed by this	45626
section in all of the following circumstances:	45627

(1) The natural gas is distributed by the company through a	45628
meter of an end user in this state;	45629

(2) The natural gas distribution company is distributing	45630
natural gas through a meter located in another state, but the	45631
natural gas is consumed in this state in the manner prescribed by	45632
the tax commissioner;	45633

(3) The natural gas distribution company is distributing	45634
natural gas in this state without the use of a meter, but the	45635
natural gas is consumed in this state as estimated and in the	45636
manner prescribed by the tax commissioner.	45637

(F) The tax levied by this section does not apply to the	45638
distribution of natural gas to the federal government, or natural	45639
gas produced by an end user in this state that is consumed by that	45640
end user or its affiliates and is not distributed through the	45641
facilities of a natural gas company.	45642

Sec. 5727.82.  (A)(1) Except as provided in divisions (A)(3)	45643
and (D) of this section, by the twentieth day of each month, each	45644
electric distribution company required to pay the tax imposed by	45645
section 5727.81 of the Revised Code shall file with the treasurer	45646
of state tax commissioner a return as prescribed by the tax	45647
commissioner and shall make payment of the full amount of tax due	45648
for the preceding month. The first payment of this tax shall be	45649
made on or before June 20, 2001. The electric distribution company	45650
shall make payment to the tax commissioner unless required to	45651
remit each tax payment by electronic funds transfer to the	45652
treasurer of state as provided in section 5727.83 of the Revised	45653
Code.	45654

(2) By the twentieth day of May, August, November, and	45655
February, each natural gas distribution company required to pay	45656
the tax imposed by section 5727.811 of the Revised Code shall file	45657
with the treasurer of state tax commissioner a return as	45658
prescribed by the tax commissioner and shall make payment to the	45659
tax commissioner, or to the treasurer of state as provided in	45660
section 5727.83 of the Revised Code, of the full amount of tax due	45661
for the preceding quarter. The first payment of this tax shall be	45662
made on or before November 20, 2001, for the quarter ending	45663
September 30, 2001.	45664

(3) If the electric distribution company required to pay the	45665
tax imposed by section 5727.81 of the Revised Code is a municipal	45666
electric utility, it may retain in its general fund that portion	45667
of the tax on the kilowatt hours distributed to end users located	45668
within the boundaries of the municipal corporation. However, the	45669
municipal electric utility shall make payment in accordance with	45670
division (A)(1) of this section of the tax due on the kilowatt	45671
hours distributed to end users located outside the boundaries of	45672
the municipal corporation.	45673

(4) By the twentieth day of each month, each self-assessing	45674
purchaser that under division (C) of section 5727.81 of the	45675
Revised Code pays directly to the tax commissioner or the	45676
treasurer of state the tax imposed by section 5727.81 of the	45677
Revised Code shall file with the treasurer of state tax	45678
commissioner a return as prescribed by the tax commissioner and	45679
shall make payment of the full amount of the tax due for the	45680
preceding month.	45681

(5) As prescribed by the tax commissioner, a return shall	45682
be signed by the company or self-assessing purchaser required to	45683
file it, or an authorized employee, officer, or agent of the	45684
company or purchaser. The treasurer of state shall mark on the	45685
return the date it was received and indicate payment or nonpayment	45686
of the tax shown to be due on the return. The treasurer of state	45687
immediately shall transmit all returns to the tax commissioner.	45688
The return shall be deemed filed when received by the treasurer of	45689
state tax commissioner.	45690

(B) Any natural gas distribution company, electric	45691
distribution company, or self-assessing purchaser required by this	45692
section to file a return who fails to file it and pay the tax	45693
within the period prescribed shall pay an additional charge of	45694
fifty dollars or ten per cent of the tax required to be paid for	45695
the reporting period, whichever is greater. The tax commissioner	45696
may collect the additional charge by assessment pursuant to	45697
section 5727.89 of the Revised Code. The commissioner may abate	45698
all or a portion of the additional charge and may adopt rules	45699
governing such abatements.	45700

(C) If any tax due is not paid timely in accordance with	45701
this section, the natural gas distribution company, electric	45702
distribution company, or self-assessing purchaser liable for the	45703
tax shall pay interest, calculated at the rate per annum	45704
prescribed by section 5703.47 of the Revised Code, from the date	45705
the tax payment was due to the date of payment or to the date an	45706
assessment is issued, whichever occurs first. Interest shall be	45707
paid in the same manner as the tax, and the commissioner may	45708
collect the interest by assessment pursuant to section 5727.89 of	45709
the Revised Code.	45710

(D) Not later than the tenth day of each month, a qualified	45711
end user not making the election to self-assess under division (C)	45712
of section 5727.81 of the Revised Code shall report in writing to	45713
the electric distribution company that distributes electricity to	45714
the end user the kilowatt hours that were consumed as a qualified	45715
end user in a qualifying manufacturing process for the prior month	45716
and the number of days, if any, on which the end user was not a	45717
qualified end user. For each calendar day during that month, a	45718
qualified end user shall report the kilowatt hours that were not	45719
used in a qualifying manufacturing process. For each calendar day	45720
the end user was not a qualified end user, the end user shall	45721
report in writing to the electric distribution company the total	45722
number of kilowatt hours used on that day, and the electric	45723
distribution company shall pay the tax imposed under section	45724
5727.81 of the Revised Code on each kilowatt hour that was not	45725
distributed to a qualified end user in a qualifying manufacturing	45726
process. The electric distribution company may rely in good faith	45727
on a qualified end user's report filed under this division. If it	45728
is determined that the end user was not a qualified end user for	45729
any calendar day or the quantity of electricity used by the	45730
qualified end user in a qualifying manufacturing process was	45731
overstated, the tax commissioner shall assess and collect any tax	45732
imposed under section 5727.81 of the Revised Code directly from	45733
the qualified end user. As requested by the commissioner, each	45734
end user reporting to an electric distribution company that it is	45735
a qualified end user shall provide documentation to the	45736
commissioner that establishes the volume of electricity consumed	45737
daily by the qualified end user and the total number of kilowatt	45738
hours consumed in a qualifying manufacturing process.	45739

(E) The tax commissioner shall immediately pay to the	45740
treasurer of state all amounts that the tax commissioner receives	45741
under this section. The treasurer of state shall credit such	45742
amounts in accordance with this chapter.	45743

Sec. 5727.84.  (A) As used in this section and sections	45744
5727.85, 5727.86, and 5727.87 of the Revised Code:	45745

(1) "School district" means a city, local, or exempted	45746
village school district.	45747

(2) "Joint vocational school district" means a joint	45748
vocational school district created under section 3311.16 of the	45749
Revised Code, and includes a cooperative education school district	45750
created under section 3311.52 or 3311.521 of the Revised Code and	45751
a county school financing district created under section 3311.50	45752
of the Revised Code.	45753

(3) "Local taxing unit" means a subdivision or taxing unit,	45754
as defined in section 5705.01 of the Revised Code, a park district	45755
created under Chapter 1545. of the Revised Code, or a township	45756
park district established under section 511.23 of the Revised	45757
Code, but excludes school districts and joint vocational school	45758
districts.	45759

(4) "State education aid" means the sum of the state basic	45760
aid and state special education aid amounts computed for a school	45761
district or joint vocational school district under divisions (A)	45762
and (C) of section 3317.022 Chapter 3317. of the Revised Code.	45763

(5) "State education aid offset" means the amount certified	45764
determined for each school district or joint vocational school	45765
district under division (A)(1) of section 5727.85 of the Revised	45766
Code.	45767

(6) "Adjusted total taxable value Recognized valuation" has	45768
the same meaning as in section 3317.02 of the Revised Code.	45769

(7) "Electric company tax value loss" means the amount	45770
determined under division (D) of this section.	45771

(8) "Natural gas company tax value loss" means the amount	45772
determined under division (E) of this section.	45773

(9) "Tax value loss" means the sum of the electric company	45774
tax value loss and the natural gas company tax value loss.	45775

(10) "Fixed-rate levy" means any tax levied on property other	45776
than a fixed-sum levy.	45777

(11) "Fixed-rate levy loss" means the amount determined under	45778
division (G) of this section.	45779

(12) "Fixed-sum levy" means a tax levied on property at	45780
whatever rate is required to produce a specified amount of tax	45781
money or levied in excess of the ten-mill limitation to pay debt	45782
charges, and includes school district emergency levies imposed	45783
pursuant to section 5705.194 of the Revised Code.	45784

(13) "Fixed-sum levy loss" means the amount determined under	45785
division (H) of this section.	45786

(14) "Consumer price index" means the consumer price index	45787
(all items, all urban consumers) prepared by the bureau of labor	45788
statistics of the United States department of labor.	45789

(B) All The kilowatt-hour tax receipts fund is hereby created	45790
in the state treasury and shall consist of money arising from the	45791
tax imposed by section 5727.81 of the Revised Code. All money in	45792
the kilowatt-hour tax receipts fund shall be credited as follows:	45793

(1) Fifty-nine and nine hundred seventy-six one-thousandths	45794
per cent, plus an amount equal to seventy per cent of the total	45795
state education aid offset, shall be credited to the general	45796
revenue fund.	45797

(2) Two and six hundred forty-six one-thousandths per cent	45798
shall be credited to the local government fund, for distribution	45799
in accordance with section 5747.50 of the Revised Code.	45800

(3) Three hundred seventy-eight one-thousandths per cent	45801
shall be credited to the local government revenue assistance fund,	45802
for distribution in accordance with section 5747.61 of the Revised	45803
Code.	45804

(4) Twenty-five and nine-tenths per cent, less an amount	45805
equal to seventy per cent of the total state education aid offset,	45806
shall be credited to the school district property tax replacement	45807
fund, which is hereby created in the state treasury for the	45808
purpose of making the payments described in section 5727.85 of the	45809
Revised Code.	45810

(5) Eleven and one-tenth per cent shall be credited to the	45811
local government property tax replacement fund, which is hereby	45812
created in the state treasury for the purpose of making the	45813
payments described in section 5727.86 of the Revised Code.	45814

(6) Beginning in the fiscal year in which payments are	45815
required to be made under sections 5727.85 and 5727.86 of the	45816
Revised Code In fiscal years 2002, 2003, 2004, 2005, and 2006, if	45817
the revenue arising from the tax levied by section 5727.81 of the	45818
Revised Code is less than five hundred fifty-two million dollars,	45819
the amount credited to the general revenue fund under division	45820
(B)(1) of this section shall be reduced by the amount necessary to	45821
credit to each of the funds in divisions (B)(2), and (3), (4), and	45822
(5) of this section the amount it would have received if the tax	45823
did raise five hundred fifty-two million dollars for that fiscal	45824
year. The tax commissioner shall certify to the director of	45825
budget and management the amounts that shall be credited under	45826
this division.	45827

(7) Beginning in fiscal year 2007, if the revenue arising	45828
from the tax levied by section 5727.81 of the Revised Code is less	45829
than five hundred fifty-two million dollars, the amount credited	45830
to the general revenue fund under division (B)(1) of this section	45831
shall be reduced by the amount necessary to credit to each of the	45832
funds in divisions (B)(2), (3), (4), and (5) of this section the	45833
amount that it would have received if the tax did raise five	45834
hundred fifty-two million dollars for that fiscal year. The tax	45835
commissioner shall certify to the director of budget and	45836
management the amounts to be credited under division (B)(7) of	45837
this section.	45838

(C) All The natural gas tax receipts fund is hereby created	45839
in the state treasury and shall consist of money arising from the	45840
tax imposed by section 5727.811 of the Revised Code. All money in	45841
the fund shall be credited as follows:	45842

(1) Seventy per cent, less an amount equal to thirty per	45843
cent of the total state education aid offset, shall be credited to	45844
the school district property tax replacement fund for the purpose	45845
of making the payments described in section 5727.85 of the Revised	45846
Code.	45847

(2) Thirty per cent shall be credited to the local	45848
government property tax replacement fund for the purpose of making	45849
the payments described in section 5727.86 of the Revised Code.	45850

(3) An amount equal to thirty per cent of the total state	45851
education aid offset shall be credited to the general revenue	45852
fund.	45853

(4) Beginning in the fiscal year in which payments are	45854
required to be made under sections 5727.85 and 5727.86 of the	45855
Revised Code 2007, if the revenue arising from the tax levied by	45856
section 5727.811 of the Revised Code is less than ninety million	45857
dollars, the an amount credited to equal to the difference between	45858
the amount collected and ninety million dollars shall be	45859
transferred from the general revenue fund under division (C)(3) of	45860
this section shall be reduced by the amount necessary to credit to	45861
each of the funds in divisions (C)(1) and (2) of this section the	45862
amount that it would have received if the tax did raise ninety	45863
million dollars for that fiscal year in the same percentages as if	45864
that amount had been collected as taxes under section 5727.811 of	45865
the Revised Code. The tax commissioner shall certify to the	45866
director of budget and management the amounts that shall be	45867
credited transferred under this division.	45868

(D) Not later than January 1, 2002, the tax commissioner	45869
shall determine for each taxing district its electric company tax	45870
value loss, which is the sum of the amounts described in divisions	45871
(D)(1) and (2) of this section:	45872

(1) The difference obtained by subtracting the amount	45873
described in division (D)(1)(b) from the amount described in	45874
division (D)(1)(a) of this section.	45875

(a) The value of electric company and rural electric company	45876
tangible personal property as assessed by the tax commissioner for	45877
tax year 1998 on a preliminary assessment, or an amended	45878
preliminary assessment if issued prior to March 1, 1999, and as	45879
apportioned to the taxing district for tax year 1998;	45880

(b) The value of electric company and rural electric company	45881
tangible personal property as assessed by the tax commissioner for	45882
tax year 1998 had the property been apportioned to the taxing	45883
district for tax year 2001, and assessed at the rates in effect	45884
for tax year 2001.	45885

(2) The difference obtained by subtracting the amount	45886
described in division (D)(2)(b) from the amount described in	45887
division (D)(2)(a) of this section.	45888

(a) The three-year average for tax years 1996, 1997, and	45889
1998 of the assessed value from nuclear fuel materials and	45890
assemblies assessed against a person under Chapter 5711. of the	45891
Revised Code from the leasing of them to an electric company for	45892
those respective tax years, as reflected in the preliminary	45893
assessments;	45894

(b) The three-year average assessed value from nuclear fuel	45895
materials and assemblies assessed under division (D)(2)(a) of this	45896
section for tax years 1996, 1997, and 1998, as reflected in the	45897
preliminary assessments, using an assessment rate of twenty-five	45898
per cent.	45899

(E) Not later than January 1, 2002, the tax commissioner	45900
shall determine for each taxing district its natural gas company	45901
tax value loss, which is the sum of the amounts described in	45902
divisions (E)(1) and (2) of this section:	45903

(1) The difference obtained by subtracting the amount	45904
described in division (E)(1)(b) from the amount described in	45905
division (E)(1)(a) of this section.	45906

(a) The value of all natural gas company tangible personal	45907
property, other than property described in division (E)(2) of this	45908
section, as assessed by the tax commissioner for tax year 1999 on	45909
a preliminary assessment, or an amended preliminary assessment if	45910
issued prior to March 1, 2000, and apportioned to the taxing	45911
district for tax year 1999;	45912

(b) The value of all natural gas company tangible personal	45913
property, other than property described in division (E)(2) of this	45914
section, as assessed by the tax commissioner for tax year 1999 had	45915
the property been apportioned to the taxing district for tax year	45916
2001, and assessed at the rates in effect for tax year 2001.	45917

(2) The difference in the value of current gas obtained by	45918
subtracting the amount described in division (E)(2)(b) from the	45919
amount described in division (E)(2)(a) of this section.	45920

(a) The three-year average assessed value of current gas as	45921
assessed by the tax commissioner for tax years 1997, 1998, and	45922
1999 on a preliminary assessment, or an amended preliminary	45923
assessment if issued prior to March 1, 2001, and as apportioned in	45924
the taxing district for those respective years;	45925

(b) The three-year average assessed value from current gas	45926
under division (E)(2)(a) of this section for tax years 1997, 1998,	45927
and 1999, as reflected in the preliminary assessment, using an	45928
assessment rate of twenty-five per cent.	45929

(F) The tax commissioner may request that natural gas	45930
companies, electric companies, and rural electric companies file a	45931
report to help determine the tax value loss under divisions (D)	45932
and (E) of this section. The report shall be filed within thirty	45933
days of the commissioner's request. A company that fails to file	45934
the report or does not timely file the report is subject to the	45935
penalty in section 5727.60 of the Revised Code.	45936

(G) Not later than January 1, 2002, the tax commissioner	45937
shall determine for each school district, joint vocational school	45938
district, and local taxing unit its fixed-rate levy loss, which is	45939
the sum of its electric company tax value loss multiplied by the	45940
tax rate in effect in tax year 1998 for fixed-rate levies and its	45941
natural gas company tax value loss multiplied by the tax rate in	45942
effect in tax year 1999 for fixed-rate levies.	45943

(H) Not later than January 1, 2002, the tax commissioner	45944
shall determine for each school district, joint vocational school	45945
district, and local taxing unit its fixed-sum levy loss, which is	45946
the amount obtained by subtracting the amount described in	45947
division (H)(2) of this section from the amount described in	45948
division (H)(1) of this section:	45949

(1) The sum of the electric company tax value loss	45950
multiplied by the tax rate in effect in tax year 1998, and the	45951
natural gas company tax value loss multiplied by the tax rate in	45952
effect in tax year 1999, for fixed-sum levies for all taxing	45953
districts within each school district, joint vocational school	45954
district, and local taxing unit. For the years 2002 through 2006,	45955
this computation shall include school district emergency levies	45956
that existed in 1998 in the case of the electric company tax value	45957
loss, and 1999 in the case of the natural gas company tax value	45958
loss, and all other fixed-sum levies that existed in 1998 in the	45959
case of the electric company tax value loss and 1999 in the case	45960
of the natural gas company tax value loss and continue to be	45961
charged in the tax year preceding the distribution year. For the	45962
years 2007 through 2016 in the case of school district emergency	45963
levies, and for all years after 2006 in the case of all other	45964
fixed-sum levies, this computation shall exclude all fixed-sum	45965
levies that existed in 1998 in the case of the electric company	45966
tax value loss and 1999 in the case of the natural gas company tax	45967
value loss, but are no longer in effect in the tax year preceding	45968
the distribution year. For the purposes of this section, an	45969
emergency levy that existed in 1998 in the case of the electric	45970
company tax value loss, and 1999 in the case of the natural gas	45971
company tax value loss, continues to exist in a year beginning on	45972
or after January 1, 2007, but before January 1, 2017, if, in that	45973
year, the board of education levies a school district emergency	45974
levy for an annual sum at least equal to the annual sum levied by	45975
the board in tax year 1998 or 1999, respectively, less the amount	45976
of the payment certified under this division for 2002.	45977

(2) The total taxable value in tax year 1998 in the case of	45978
the electric company tax value loss and 1999 in the case of the	45979
natural gas company 1999 less the tax value loss in each school	45980
district, joint vocational school district, and local taxing unit	45981
multiplied by one-fourth of one mill.	45982

If the amount computed under division (H) of this section	45983
for any school district, joint vocational school district, or	45984
local taxing unit is greater than zero, that amount shall equal	45985
the fixed-sum levy loss reimbursed pursuant to division (E) of	45986
section 5727.85 of the Revised Code or division (A)(2) of section	45987
5727.86 of the Revised Code, and the one-fourth of one mill that	45988
is subtracted under division (H)(2) of this section shall be	45989
apportioned among all contributing fixed-sum levies in the	45990
proportion of each levy to the sum of all fixed-sum levies within	45991
each school district, joint vocational school district, or local	45992
taxing unit.	45993

(I) Notwithstanding divisions (D), (E), (G), and (H) of	45994
this section, in computing the tax value loss, fixed-rate levy	45995
loss, and fixed-sum levy loss, the tax commissioner shall use the	45996
greater of the 1998 tax rate or the 1999 tax rate in the case of	45997
levy losses associated with the electric company tax value loss,	45998
but the 1999 tax rate shall not include for this purpose any tax	45999
levy approved by the voters after June 30, 1999, and the tax	46000
commissioner shall use the greater of the 1999 or the 2000 tax	46001
rate in the case of levy losses associated with the natural gas	46002
company tax value loss, but the 2000 tax rate shall not include	46003
for this purpose any tax levy approved by the voters after	46004
November 7, 2000.	46005

(J) Not later than January 1, 2002, the tax commissioner	46006
shall certify to the department of education the tax value loss	46007
determined under divisions (D) and (E) of this section for each	46008
taxing district, the fixed-rate levy loss calculated under	46009
division (G) of this section, and the fixed-sum levy loss	46010
calculated under division (H) of this section. The calculations	46011
under divisions (G) and (H) of this section shall separately	46012
display the levy loss for each levy eligible for reimbursement.(K)	46013
Not later than September 1, 2001, the tax commissioner shall	46014
certify the amount of the fixed-sum levy loss to the county	46015
auditor of each county in which a school district with a fixed-sum	46016
levy loss has territory.	46017

Sec. 5727.85.  (A) By the thirty-first day of July of each	46018
year, beginning in 2002 and ending in 2016, the department of	46019
education shall determine the following for each school district	46020
and each joint vocational school district eligible for payment	46021
under division (C) or (D) of this section:	46022

(1) The state education aid offset, which is the difference	46023
obtained by subtracting the amount described in division (A)(1)(b)	46024
of this section from the amount described in division (A)(1)(a) of	46025
this section:	46026

(a) The state education aid computed for the school district	46027
or joint vocational school district for the current fiscal year on	46028
the basis of the adjusted total taxable value as of the	46029
thirty-first day of July;	46030

(b) The state education aid that would be computed for the	46031
school district or joint vocational school district for the	46032
current fiscal year as of the thirty-first day of July if the	46033
district's adjusted total taxable value recognized valuation	46034
included the tax value loss for all taxing districts in the school	46035
district or joint vocational school district.	46036

(2) The greater of zero or difference obtained by	46037
subtracting the state education aid offset determined under	46038
division (A)(1) of this section from the fixed-rate levy loss	46039
determined certified under division (G)(J) of section 5727.84 of	46040
the Revised Code for all taxing districts in each school district	46041
and joint vocational school district. The	46042

By the fifth day of August of each such year, the department	46043
of education shall certify the amount so determined under division	46044
(A)(1) of this section to the director of budget and management.	46045

(B) Not later than the thirty-first day of October of the	46046
years 2006 through 2016, the department of education shall	46047
determine all of the following for each school district:	46048

(1) The amount obtained by subtracting the district's state	46049
education aid computed for fiscal year 2002 from the district's	46050
state education aid computed for the current fiscal year;	46051

(2) The inflation-adjusted property tax loss. The	46052
inflation-adjusted property tax loss equals the fixed-rate levy	46053
loss, excluding the tax loss from levies within the ten-mill	46054
limitation to pay debt charges, determined under division (G) of	46055
section 5727.84 of the Revised Code for all taxing districts in	46056
each school district plus the product obtained by multiplying that	46057
loss by the cumulative percentage increase in the consumer price	46058
index from January 1, 2002, to the thirtieth day of June of the	46059
current year.	46060

(3) The difference obtained by subtracting the amount	46061
computed under division (B)(1) from the amount of the	46062
inflation-adjusted property tax loss. If this difference is zero	46063
or a negative number, no further payments shall be made under	46064
division (C) of this section to the school district from the	46065
school district property tax replacement fund. If the difference	46066
is greater than zero, the department of education shall certify	46067
the amount calculated in division (A)(2) of this section to the	46068
director of budget and management not later than the thirty-first	46069
day of December of each year, beginning in 2006 and ending in	46070
2016.	46071

(C) For all taxing districts in each school district, the	46072
director of budget and management The department of education	46073
shall pay from the school district property tax replacement fund	46074
to the county undivided income tax fund in the proper county	46075
treasury each school district all of the following:	46076

(1) In February 2002, one-half of the fixed-rate levy loss	46077
certified under division (G)(J) of section 5727.84 of the Revised	46078
Code on or before the day prescribed for the settlement under	46079
division (A) of section 321.24 of the Revised Code between the	46080
twenty-first and twenty-eighth days of February.	46081

(2) From August 2002 through August 2006, one-half of the	46082
amount certified calculated for that fiscal year under division	46083
(A)(2) of this section on or before each of the days prescribed	46084
for the settlements under divisions (A) and (C) of section 321.24	46085
of the Revised Code between the twenty-first and twenty-eighth	46086
days of August and of February.	46087

(3) From February 2007 through August 2016, one-half of the	46088
amount certified calculated for that calendar year under division	46089
(B)(3) of this section on or before each of the days prescribed	46090
for the settlements under divisions (A) and (C) of section 321.24	46091
of the Revised Code.	46092

The county treasurer shall distribute amounts paid under	46093
divisions (C)(1), (2), and (3) of this section to the proper	46094
school district as if they had been levied and collected as taxes,	46095
and the school district shall apportion the amounts so received	46096
among its funds in the same proportions as if those amounts had	46097
been levied and collected as taxes between the twenty-first and	46098
twenty-eighth days of August and of February.	46099

(4) For taxes levied within the ten-mill limitation for debt	46100
purposes in tax year 1998 in the case of electric company tax	46101
value losses, and in tax year 1999 in the case of natural gas	46102
company tax value losses, payments shall be made equal to one	46103
hundred per cent of the loss computed as if the tax were a	46104
fixed-rate levy, but those payments shall extend from fiscal year	46105
2006 through fiscal year 2016.	46106

The department of education shall report to each school	46107
district the apportionment of the payments among the school	46108
district's funds based on the certifications under division (J) of	46109
section 5727.84 of the Revised Code.	46110

(D) Not later than January 1, 2002, for all taxing districts	46111
in each joint vocational school district, the tax commissioner	46112
shall certify to the director of budget and management department	46113
of education the fixed-rate levy loss determined under division	46114
(G) of section 5727.84 of the Revised Code. From February 2002 to	46115
August 2016, the director department shall pay from the school	46116
district property tax replacement fund to the county undivided	46117
income tax fund in the proper county treasury, joint vocational	46118
school district one-half of the fixed-rate levy loss so certified	46119
for each year on or before each of the days prescribed for the	46120
settlements under divisions (A) and (C) of section 321.24 of the	46121
Revised Code. The county treasurer shall distribute such amounts	46122
to the proper joint vocational school district as if they had been	46123
levied and collected as taxes, and the joint vocational school	46124
district shall apportion the amounts so received among its funds	46125
in the same proportions as if those amounts had been levied and	46126
collected as taxes amount calculated for that fiscal year under	46127
division (A)(2) of this section between the twenty-first and	46128
twenty-eighth days of August and of February.	46129

(E)(1) Not later than January 1, 2002, for each fixed-sum	46130
levy levied by each school district or joint vocational school	46131
district and for each year for which a determination is made	46132
under division (H) of section 5727.84 of the Revised Code that a	46133
fixed-sum levy loss is to be reimbursed, the tax commissioner	46134
shall certify to the director of budget and management department	46135
of education the fixed-sum levy loss determined under that	46136
division. The certification shall cover a time period sufficient	46137
to include all fixed-sum levies for which the tax commissioner	46138
made such a determination. The director department shall pay from	46139
the school district property tax replacement fund to the county	46140
undivided income tax fund in the proper county treasury school	46141
district or joint vocational school district one-half of the	46142
fixed-sum levy loss so certified for each year on or before each	46143
of the days prescribed for the settlements under divisions (A) and	46144
(C) of section 321.24 of the Revised Code. The county treasurer	46145
shall distribute the amounts to the proper school district or	46146
joint vocational school district as if they had been levied and	46147
collected as taxes, and the district shall apportion the amounts	46148
so received among its funds in the same proportions as if those	46149
amounts had been levied and collected as taxes between the	46150
twenty-first and twenty-eighth days of August and of February.	46151

(2) Beginning in 2003, by the thirty-first day of January of	46152
each year, the tax commissioner shall review the certification	46153
originally made under division (E)(1) of this section. If the	46154
commissioner determines that a fixed-sum debt levy that had been	46155
scheduled to be reimbursed in the current year has expired, a	46156
revised certification for that and all subsequent years shall be	46157
made to the director of budget and management department of	46158
education.	46159

(F) Beginning in August 2002, and ending in February 2017,	46160
the director of budget and management shall transfer from the	46161
school district property tax replacement fund to the general	46162
revenue fund each of the following:	46163

(1) Between the twenty-eighth day of August and the fifth	46164
day of September, the lesser of one-half of the amount certified	46165
for that fiscal year under division (A)(3) of this section or the	46166
balance in the school district property tax replacement fund;	46167

(2) Between the first and fifth days of March, the lesser of	46168
one-half of the amount certified for that fiscal year under	46169
division (A)(3) of this section or the balance in the school	46170
district property tax replacement fund.	46171

(G) By August 5, 2002, the tax commissioner shall estimate	46172
the amount of money in the school district property tax	46173
replacement fund in excess of the amount necessary to make	46174
payments in that month under divisions (C), (D), and (E), and (F)	46175
of this section. Notwithstanding division (C) of this section,	46176
the department of education, in consultation with the tax	46177
commissioner and from those excess funds, may pay any school	46178
district four and one-half times the amount certified under	46179
division (A)(2) of this section. Payments shall be made in order	46180
from the smallest annual loss to the largest annual loss. A	46181
payment made under this division shall be in lieu of the payment	46182
to be made in August 2002 under division (C)(2) of this section.	46183
No payments shall be made in the manner established in this	46184
division to any school district with annual losses from permanent	46185
improvement fixed-rate levies in excess of twenty thousand	46186
dollars, or annual losses from any other fixed-rate levies in	46187
excess of twenty thousand dollars. A school district receiving a	46188
payment under this division is no longer entitled to any further	46189
payments under division (C) of this section.	46190

(G)(H) On the thirty-first day of July of 2003, 2004, 2005,	46191
and 2006, and on the thirty-first day of January and July of 2007	46192
and each year thereafter, if the amount credited to the school	46193
district property tax replacement fund exceeds the amount needed	46194
to make payments from the fund under divisions (C), (D), and (E),	46195
and (F) of this section in the following month, the director of	46196
budget and management department of education shall distribute the	46197
excess among school districts and joint vocational school	46198
districts. The amount distributed to each district shall bear the	46199
same proportion to the excess remaining in the fund as the ADM of	46200
the district bears to the ADM of all of the districts. For the	46201
purpose of this division, "ADM" means the formula ADM in the case	46202
of a school district, and the average daily membership reported	46203
under section 3317.03 of the Revised Code in the case of a joint	46204
vocational school district.	46205

If, in the opinion of the director of budget and management	46206
department of education, the excess remaining in the school	46207
district property tax replacement fund in any year is not	46208
sufficient to warrant distribution under this division, the excess	46209
shall remain to the credit of the fund.	46210

Amounts received by a school district or joint vocational	46211
school district under this division shall be used exclusively for	46212
capital improvements.	46213

(H) If (I) From fiscal year 2002 through fiscal year 2016,	46214
if the total amount in the school district property tax	46215
replacement fund is insufficient to make all payments under	46216
divisions (C), (D), and (E) of this section, the payments required	46217
under division (E) of this section shall be made first in their	46218
entirety. After all payments are made under division (E) of this	46219
section, payments under divisions (C) and (D) of this section	46220
shall be made from the balance of money available in the	46221
proportion of each school district's or joint vocational school	46222
district's payment amount to the total amount of payments under	46223
divisions (C) and (D) of this section at the time the payments are	46224
to be made, the director of budget and management shall transfer	46225
from the general revenue fund to the school district property tax	46226
replacement fund the difference between the total amount to be	46227
paid and the total amount in the school district property tax	46228
replacement fund.	46229

(I)(J) If all or a part of the territory of a school	46230
district or joint vocational school district is merged with or	46231
transferred to another district, the department of education, in	46232
consultation with the tax commissioner shall adjust the payments	46233
made under this section to each of the districts in proportion to	46234
the tax value loss apportioned to the merged or transferred	46235
territory.	46236

(J)(K) There is hereby created the public utility property	46237
tax study committee, effective January 1, 2011. The committee	46238
shall consist of the following seven members: the tax	46239
commissioner, three members of the senate appointed by the	46240
president of the senate, and three members of the house of	46241
representatives appointed by the speaker of the house of	46242
representatives. The appointments shall be made not later than	46243
January 31, 2011. The tax commissioner shall be the chairperson of	46244
the committee.	46245

The committee shall study the extent to which each school	46246
district or joint vocational school district has been compensated,	46247
under sections 5727.84 and 5727.85 of the Revised Code as enacted	46248
by Substitute Senate Bill No. 3 of the 123rd general assembly and	46249
any subsequent acts, for the property tax loss caused by the	46250
reduction in the assessment rates for natural gas, electric, and	46251
rural electric company tangible personal property. Not later than	46252
June 30, 2011, the committee shall issue a report of its findings,	46253
including any recommendations for providing additional	46254
compensation for the property tax loss or regarding remedial	46255
legislation, to the president of the senate and the speaker of the	46256
house of representatives, at which time the committee shall cease	46257
to exist.	46258

The department of taxation and department of education shall	46259
provide such information and assistance as is required for the	46260
committee to carry out its duties.	46261

Sec. 5727.86.  (A) Not later than January 1, 2002, the tax	46262
commissioner shall certify to the director of budget and	46263
management, for all taxing districts in each local taxing unit,	46264
the fixed-rate levy loss determined under division (G), and the	46265
fixed-sum levy loss determined under division (H), of section	46266
5727.84 of the Revised Code. Based on that certification, the	46267
director shall compute the payments to be made to each local	46268
taxing unit for each year according to divisions (A)(1), (2), and	46269
(3), and (4) and division (E) of this section, and shall	46270
distribute the payments in the manner prescribed by division (C)	46271
of this section. The certification calculation of the fixed-sum	46272
levy loss shall cover a time period sufficient to include all	46273
fixed-sum levies for which the tax commissioner determined,	46274
pursuant to division (H) of section 5727.84 of the Revised Code,	46275
that a fixed-sum levy loss is to be reimbursed.	46276

(1) Except as provided in division divisions (A)(3) and (4)	46277
of this section, for fixed-rate levy losses determined under	46278
division (G) of section 5727.84 of the Revised Code, payments	46279
shall be made in each of the following years at the following	46280
percentage of the fixed-rate levy loss certified under division	46281
(A) of this section:	46282

(2) For fixed-sum levy losses determined under division (H)	46300
of section 5727.84 of the Revised Code, payments shall be made in	46301
the amount of one hundred per cent of the fixed-sum levy loss	46302
certified under division (A) of this section for payments required	46303
to be made in 2002 and thereafter.	46304

(3) A local taxing unit in a county of less than two hundred	46305
fifty square miles that receives eighty per cent or more of its	46306
combined general fund and bond retirement fund revenues from	46307
property taxes and rollbacks based on 1997 actual revenues as	46308
presented in its 1999 tax budget, and in which electric companies	46309
and rural electric companies comprise over twenty per cent of its	46310
property valuation, shall receive one hundred per cent of its	46311
fixed-rate levy losses from electric company tax value losses	46312
certified under division (A) of this section in years 2002 to	46313
2016.	46314

(4) For taxes levied within the ten-mill limitation for debt	46315
purposes in tax year 1998 in the case of electric company tax	46316
value losses, and in tax year 1999 in the case of natural gas	46317
company tax value losses, payments shall be made equal to one	46318
hundred per cent of the loss computed as if the tax were a	46319
fixed-rate levy, but those payments shall extend from fiscal year	46320
2006 through fiscal year 2016.	46321

(B) Beginning in 2003, by the thirty-first day of January of	46322
each year, the tax commissioner shall review the certification	46323
calculation originally made under division (A) of this section of	46324
the fixed-sum levy loss determined under division (H) of section	46325
5727.84 of the Revised Code. If the commissioner determines that	46326
a fixed-sum levy that had been scheduled to be reimbursed in the	46327
current year has expired, a revised certification calculation for	46328
that and all subsequent years shall be made.	46329

(C) Payments to local taxing units required to be made under	46330
divisions (A) and (E) of this section shall be paid from the local	46331
government property tax replacement fund to the county undivided	46332
income tax fund in the proper county treasury. One-half of the	46333
amount certified under those divisions shall be paid on or before	46334
each of the days prescribed for the settlements under divisions	46335
(A) and (C) of section 321.24 of the Revised Code between the	46336
twenty-first and twenty-eighth days of August and of February. The	46337
county treasurer shall distribute amounts paid under division (A)	46338
of this section to the proper local taxing unit as if they had	46339
been levied and collected as taxes, and the local taxing unit	46340
shall apportion the amounts so received among its funds in the	46341
same proportions as if those amounts had been levied and collected	46342
as taxes. Amounts distributed under division (E) of this section	46343
shall be credited to the general fund of the local taxing unit	46344
that receives them.	46345

(D) By February 5, 2002, the tax commissioner shall estimate	46346
the amount of money in the local government property tax	46347
replacement fund in excess of the amount necessary to make	46348
payments in that month under division (C) of this section.	46349
Notwithstanding division (A) of this section, the tax commissioner	46350
may pay any local taxing unit, from those excess funds, nine and	46351
four-tenths times the amount computed for 2002 under division	46352
(A)(1) of this section. A payment made under this division shall	46353
be in lieu of the payment to be made in February 2002 under	46354
division (A)(1) of this section. A local taxing unit receiving a	46355
payment under this division will no longer be entitled to any	46356
further payments under division (A)(1) of this section. A payment	46357
made under this division shall be paid from the local government	46358
property tax replacement fund to the county undivided income tax	46359
fund in the proper county treasury. The county treasurer shall	46360
distribute the payment to the proper local taxing unit as if it	46361
had been levied and collected as taxes, and the local taxing unit	46362
shall apportion the amounts so received among its funds in the	46363
same proportions as if those amounts had been levied and collected	46364
as taxes.	46365

(E) On the thirty-first day of July of 2002, 2003, 2004,	46366
2005, and 2006, and on the thirty-first day of January and July of	46367
2007 and each year thereafter, if the amount credited to the local	46368
government property tax replacement fund exceeds the amount needed	46369
to be distributed from the fund under division (A) of this section	46370
in the following month, the director of budget and management tax	46371
commissioner shall distribute the excess to each county as	46372
follows:	46373

(1) One-half shall be distributed to each county in	46374
proportion to each county's population.	46375

(2) One-half shall be distributed to each county in the	46376
proportion that the amounts determined under divisions (G) and (H)	46377
of section 5727.84 of the Revised Code for all local taxing units	46378
in the county is of the total amounts so determined for all local	46379
taxing units in the state.	46380

The amounts distributed to each county under this division	46381
shall be distributed by the county budget commission treasurer to	46382
each local taxing unit in the county in the proportion that the	46383
unit's current taxes charged and payable are of the total current	46384
taxes charged and payable of all the local taxing units in the	46385
county. As used in this division, "current taxes charged and	46386
payable" means the taxes charged and payable as most recently	46387
determined for local taxing units in the county.	46388

If, in the opinion of the director of budget and management	46389
tax commissioner, the excess remaining in the local government	46390
property tax replacement fund in any year is not sufficient to	46391
warrant distribution under this division, the excess shall remain	46392
to the credit of the fund.	46393

(F) If From fiscal year 2002 through fiscal year 2016, if the	46394
total amount in the local government property tax replacement fund	46395
is insufficient to make all payments under division (C) of this	46396
section, the payments required under division (A)(2) of this	46397
section shall be made first in their entirety. After all such	46398
payments are made, payments under divisions (A)(1) and (3) of this	46399
section shall be made from the balance of money available in the	46400
proportion of each local taxing unit's payment amount to the total	46401
amount of all payments to be made under divisions (A)(1) and (3)	46402
of this section at the times the payments are to be made, the	46403
director of budget and management shall transfer from the general	46404
revenue fund to the local government property tax replacement fund	46405
the difference between the total amount to be paid and the amount	46406
in the local government property tax replacement fund.	46407

(G) If all or a part of the territories of two or more local	46408
taxing units are merged, or unincorporated territory of a township	46409
is annexed by a municipal corporation, the tax commissioner shall	46410
adjust the payments made under this section to each of the local	46411
taxing units in proportion to the tax value loss apportioned to	46412
the merged or annexed territory, or as otherwise provided by a	46413
written agreement between the legislative authorities of the local	46414
taxing units certified to the tax commissioner not later than the	46415
first day of June of the calendar year in which the payment is to	46416
be made.	46417

Sec. 5727.87.  (A) As used in this section:

46418

(1) "Administrative fees" means the dollar percentages	46419
allowed by the county auditor for services or by the county	46420
treasurer as fees, or paid to the credit of the real estate	46421
assessment fund, under divisions (A) and (B) of section 319.54 and	46422
division (A) of section 321.26 of the Revised Code.	46423

(2) "Administrative fee loss" means a county's loss of	46424
administrative fees due to its tax value loss, determined as	46425
follows:	46426

(a) For purposes of the determination made under division	46427
(B) of this section in the years 2002 through 2006, the	46428
administrative fee loss shall be computed by multiplying the	46429
amounts determined for all taxing districts in the county under	46430
divisions (G) and (H) of section 5727.84 of the Revised Code by	46431
nine thousand six hundred fifty-nine ten-thousandths of a one per	46432
cent, if total taxes collected in the county in tax year 1998 1999	46433
exceeded one hundred fifty million dollars, or one and one	46434
thousand one hundred fifty-nine ten-thousandths of a one per cent,	46435
if total taxes collected in the county in tax year 1998 1999 were	46436
one hundred fifty million dollars or less;	46437

(b) For purposes of the determination under division (B) of	46438
this section in the years 2007 through 2011, the administrative	46439
fee loss shall be determined by subtracting from the dollar amount	46440
of administrative fees collected in the county in tax year 1998	46441
1999, the dollar amount of administrative fees collected in the	46442
county in the current calendar year.	46443

(3) "Total taxes collected" means all money collected on any	46444
tax duplicate of the county, other than the estate tax duplicates.	46445
"Total taxes collected" does not include amounts received pursuant	46446
to divisions (F) and (G) of section 321.24 or section 323.156 of	46447
the Revised Code.	46448

(B) Not later than the thirty-first day of December of 2001	46449
through 2005, the tax commissioner shall certify to each county	46450
auditor the tax levy losses calculated under divisions (G) and (H)	46451
of section 5727.84 of the Revised Code for each school district,	46452
joint vocational school district, and local taxing unit in the	46453
county. Not later than the first thirty-first day of June January	46454
of 2002 through 2011, the county auditor shall determine the	46455
administrative fee loss for the county and certify it to the	46456
county budget commission. Notwithstanding divisions (C), (D), and	46457
(E) of section 5727.85 and division (C) of section 5727.86 of the	46458
Revised Code, prior to distribution by the county treasurer of the	46459
payments provided under those divisions, the county budget	46460
commission shall deduct from those payments the amount of the	46461
administrative fee loss certified by the county auditor, as	46462
follows:	46463

(1) Seventy per cent of the administrative fee loss shall be	46464
deducted from the payments provided under divisions (C), (D), and	46465
(E) of section 5727.85 of the Revised Code.	46466

(2) Thirty per cent of the administrative fee loss shall be	46467
deducted from the payments provided under division (C) of section	46468
5727.86 of the Revised Code and apportion that loss ratably among	46469
the school districts, joint vocational school districts, and local	46470
taxing units on the basis of the tax levy losses certified under	46471
this division.	46472

(C) On or before each of the days prescribed for the	46473
settlements under divisions (A) and (C) of section 321.24 of the	46474
Revised Code in the years 2002 through 2011, the county budget	46475
commission treasurer shall pay deduct one-half of the amount	46476
apportioned to each school district, joint vocational school	46477
district, and local taxing unit from the portions of revenue	46478
payable to them.	46479

(D) On or before each of the days prescribed for	46480
settlements under divisions (A) and (C) of section 321.24 of the	46481
Revised Code in the years 2002 through 2011, the county auditor	46482
shall cause to be deposited an amount equal to one-half of the	46483
amount of the administrative fee loss to the county auditor,	46484
county treasurer, or real estate assessment fund as if the amount	46485
had been allowed as administrative fees, and shall deposit the	46486
amount in the same funds as if allowed as administrative fees.	46487

After payment of the administrative fee loss on or before	46488
August 10, 2011, all payments under this section shall cease.	46489

Sec. 5728.08.  Except as provided in section 5728.03 of the	46490
Revised Code and except as otherwise provided in this section,	46491
whoever is liable for the payment of the tax levied by section	46492
5728.06 of the Revised Code, on or before the last day of each	46493
January, April, July, and October, shall file with the treasurer	46494
of state tax commissioner, on forms prescribed by the tax	46495
commissioner, a highway use tax return and make payment of the	46496
full amount of the tax due for the operation of each commercial	46497
car and commercial tractor for the next preceding three calendar	46498
months. If the commercial cars or commercial tractors are farm	46499
trucks and the amount of motor fuel used to operate the trucks	46500
during the next preceding twelve calendar months was less than	46501
fifteen thousand gallons, the highway use tax return shall be	46502
filed and the full amount of tax due paid on or before the last	46503
day of each July for the next preceding twelve calendar months. If	46504
the commercial cars or commercial tractors are farm trucks and the	46505
amount of motor fuel used to operate the trucks during the next	46506
preceding twelve calendar months was fifteen thousand gallons or	46507
more, the highway use tax return shall be filed and the full	46508
amount of the tax due paid either on or before the last day of	46509
each July for the next preceding twelve calendar months, or on or	46510
before the last day of each January, April, July, and October for	46511
the next preceding three calendar months, at the option of the	46512
person liable for payment of the tax. If the commercial cars or	46513
commercial tractors are not farm trucks, and if, in the estimation	46514
of the tax commissioner, the amount of the tax due does not	46515
warrant quarterly filing, the commissioner may authorize the	46516
filing of the highway use tax return and payment of the full	46517
amount due on or before the last day of each July for the next	46518
preceding twelve months.	46519

Immediately upon the receipt of a highway use tax return, the	46520
treasurer of state shall mark on the return the date it was	46521
received by the treasurer of state and the amount of tax payment	46522
accompanying the return and shall transmit the return to the The	46523
tax commissioner shall immediately forward to the treasurer of	46524
state all money received from the tax levied by section 5728.06 of	46525
the Revised Code.	46526

The treasurer of state shall place to the credit of the tax	46527
refund fund created by section 5703.052 of the Revised Code, out	46528
of receipts from the taxes levied by section 5728.06 of the	46529
Revised Code, amounts equal to the refund certified by the tax	46530
commissioner pursuant to section 5728.061 of the Revised Code.	46531
Receipts from the tax shall be used by the tax commissioner to	46532
defray expenses incurred by the department of taxation in	46533
administering sections 5728.01 to 5728.14 of the Revised Code.	46534

All moneys received in the state treasury from taxes levied	46535
by section 5728.06 of the Revised Code and fees assessed under	46536
sections 5728.02 and 5728.03 of the Revised Code which are not	46537
required to be placed to the credit of the tax refund fund as	46538
provided by this section shall, during each calendar year, be	46539
credited to the highway improvement bond retirement fund created	46540
by section 5528.12 of the Revised Code until the commissioners of	46541
the sinking fund certify to the treasurer of state, as required by	46542
section 5528.17 of the Revised Code, that there are sufficient	46543
moneys to the credit of the highway improvement bond retirement	46544
fund to meet in full all payments of interest, principal, and	46545
charges for the retirement of bonds and other obligations issued	46546
pursuant to Section 2g of Article VIII, Ohio Constitution, and	46547
sections 5528.10 and 5528.11 of the Revised Code due and payable	46548
during the current calendar year and during the next succeeding	46549
calendar year. From the date of the receipt of the certification	46550
required by section 5528.17 of the Revised Code by the treasurer	46551
of state until the thirty-first day of December of the calendar	46552
year in which the certification is made, all moneys received in	46553
the state treasury from taxes levied under section 5728.06 of the	46554
Revised Code and fees assessed under sections 5728.02 and 5728.03	46555
of the Revised Code which are not required to be placed to the	46556
credit of the tax refund fund as provided by this section shall be	46557
credited to the highway obligations bond retirement fund created	46558
by section 5528.32 of the Revised Code until the commissioners of	46559
the sinking fund certify to the treasurer of state, as required by	46560
section 5528.38 of the Revised Code, that there are sufficient	46561
moneys to the credit of the highway obligations bond retirement	46562
fund to meet in full all payments of interest, principal, and	46563
charges for the retirement of bonds and other obligations issued	46564
pursuant to Section 2i of Article VIII, Ohio Constitution, and	46565
sections 5528.30 and 5528.31 of the Revised Code due and payable	46566
during the current calendar year and during the next succeeding	46567
calendar year. From the date of the receipt of the certification	46568
required by section 5528.38 of the Revised Code by the treasurer	46569
of state until the thirty-first day of December of the calendar	46570
year in which the certification is made, all moneys received in	46571
the state treasury from taxes levied under section 5728.06 of the	46572
Revised Code and fees assessed under sections 5728.02 and 5728.03	46573
of the Revised Code which are not required to be placed to the	46574
credit of the tax refund fund as provided by this section shall be	46575
credited to the highway operating fund created by section 5735.291	46576
of the Revised Code, except as provided by the next succeeding	46577
paragraph of this section.	46578

From the date of the receipt by the treasurer of state of	46579
certifications from the commissioners of the sinking fund, as	46580
required by sections 5528.18 and 5528.39 of the Revised Code,	46581
certifying that the moneys to the credit of the highway	46582
improvement bond retirement fund are sufficient to meet in full	46583
all payments of interest, principal, and charges for the	46584
retirement of all bonds and other obligations which may be issued	46585
pursuant to Section 2g of Article VIII, Ohio Constitution, and	46586
sections 5528.10 and 5528.11 of the Revised Code, and to the	46587
credit of the highway obligations bond retirement fund are	46588
sufficient to meet in full all payments of interest, principal,	46589
and charges for the retirement of all obligations issued pursuant	46590
to Section 2i of Article VIII, Ohio Constitution, and sections	46591
5528.30 and 5528.31 of the Revised Code, all moneys received in	46592
the state treasury from the taxes levied under section 5728.06 and	46593
fees assessed under sections 5728.02 and 5728.03 of the Revised	46594
Code, which are not required to be placed to the credit of the tax	46595
refund fund as provided by this section, shall be deposited to the	46596
credit of the highway operating fund.	46597

As used in this section, "farm truck" means any commercial	46598
car or commercial tractor that is registered as a farm truck under	46599
Chapter 4503. of the Revised Code.	46600

Sec. 5729.07.  As used in this section:

46601

(A) "Eligible employee" and "eligible training costs" have	46602
the same meanings as in section 5733.42 of the Revised Code.	46603

(B) "Credit period" means the calendar year ending on the	46604
thirty-first day of December next preceding the day the annual	46605
statement is required to be returned under section 5729.02 of the	46606
Revised Code.	46607

There is hereby allowed a nonrefundable credit against the	46608
tax imposed under this chapter for a foreign insurance company for	46609
which a tax credit certificate is issued under section 5733.42 of	46610
the Revised Code. The credit may be claimed for credit periods	46611
beginning on or after January 1, 2001 2003, and ending on or	46612
before December 31, 2003 2005. The amount of the credit for the	46613
credit period beginning on January 1, 2003, shall equal one-half	46614
of the average of the eligible training costs paid or incurred by	46615
the company during the three calendar years immediately preceding	46616
the credit period for which the credit is claimed 1998, 1999, and	46617
2000, not to exceed one thousand dollars for each eligible	46618
employee on account of whom eligible training costs were paid or	46619
incurred by the company. The amount of the credit for the credit	46620
period beginning on January 1, 2004, shall equal one-half of the	46621
average of the eligible training costs paid or incurred by the	46622
company during calendar years 2002, 2003, and 2004, not to exceed	46623
one thousand dollars for each eligible employee on account of whom	46624
eligible training costs were paid or incurred by the company. The	46625
amount of the credit for the credit period beginning on January 1,	46626
2005, shall equal one-half of the average of the eligible training	46627
costs paid or incurred by the company during calendar years 2003,	46628
2004, and 2005, not to exceed one thousand dollars for each	46629
eligible employee on account of whom eligible training costs were	46630
paid or incurred by the company. The credit claimed by a company	46631
for each credit period shall not exceed one hundred thousand	46632
dollars.	46633

A foreign insurance company shall apply to the director of	46634
job and family services for a tax credit certificate in the manner	46635
prescribed by division (C) of section 5733.42 of the Revised Code.	46636
Divisions (C) to (H) of that section govern the tax credit allowed	46637
by this section, except that "credit period" shall be substituted	46638
for "tax year with respect to a calendar year" wherever that	46639
phrase appears in those divisions and that the company shall be	46640
considered a taxpayer for the purposes of those divisions.	46641

A foreign insurance company may carry forward the credit	46642
allowed under this section to the extent that the credit exceeds	46643
the company's tax due for the credit period. The company may	46644
carry the excess credit forward for three credit periods following	46645
the credit period for which the credit is first claimed under this	46646
section. The credit allowed by this section is in addition to any	46647
credit allowed under section 5729.031 of the Revised Code.	46648

The reduction in the tax due under this chapter to the extent	46649
of the credit allowed by this section does not increase the amount	46650
of the tax otherwise due under section 5729.06 of the Revised	46651
Code.	46652

Sec. 5731.21.  (A)(1)(a) Except as provided under division	46653
(A)(3) of this section, the executor or administrator, or, if no	46654
executor or administrator has been appointed, another person in	46655
possession of property the transfer of which is subject to estate	46656
taxes under section 5731.02 or division (A) of section 5731.19 of	46657
the Revised Code, shall file an estate tax return, within nine	46658
months of the date of the decedent's death, in the form prescribed	46659
by the tax commissioner, in duplicate, with the probate court of	46660
the county. The return shall include all property the transfer of	46661
which is subject to estate taxes, whether that property is	46662
transferred under the last will and testament of the decedent or	46663
otherwise. The time for filing the return may be extended by the	46664
tax commissioner.	46665

(b) The estate tax return described in division (A)(1)(a) of	46666
this section shall be accompanied by a certificate, in the form	46667
prescribed by the tax commissioner, that is signed by the	46668
executor, administrator, or other person required to file the	46669
return, and that states all of the following:	46670

(i) The fact that the return was filed;

46671

(ii) The date of the filing of the return;

46672

(iii) The fact that the estate taxes under section 5731.02	46673
or division (A) of section 5731.19 of the Revised Code, that are	46674
shown to be due in the return, have been paid in full;	46675

(iv) If applicable, the fact that real property listed in	46676
the inventory for the decedent's estate is included in the return;	46677

(v) If applicable, the fact that real property not listed in	46678
the inventory for the decedent's estate, including, but not	46679
limited to, survivorship tenancy property as described in section	46680
5302.17 of the Revised Code or transfer on death property as	46681
described in sections 5302.22 and 5302.23 of the Revised Code,	46682
also is included in the return. In this regard, the certificate	46683
additionally shall describe that real property by the same	46684
description used in the return.	46685

(2) The probate court shall forward one copy of the estate	46686
tax return described in division (A)(1)(a) of this section to the	46687
tax commissioner.	46688

(3) A person may, but shall not be required to, file a	46689
return under division (A) of this section if the decedent was a	46690
resident of this state and the value of the decedent's gross	46691
estate is twenty-five thousand dollars or less in the case of a	46692
decedent dying on or after July 1, 1968, but before January 1,	46693
2001; two hundred thousand dollars or less in the case of a	46694
decedent dying on or after January 1, 2001, but before January 1,	46695
2002; or three hundred thirty-eight thousand three hundred	46696
thirty-three dollars or less in the case of a decedent dying on or	46697
after January 1, 2002. If a probate court issues an order that	46698
grants a summary release from administration in connection with a	46699
decedent's estate under section 2113.031 of the Revised Code, that	46700
order eliminates the duty of all persons to file an estate tax	46701
return and certificate under divisions (A)(1)(a) and (b) of this	46702
section with respect to the estate for which the order was	46703
granted.	46704

(4)(a) Upon receipt of the estate tax return described in	46705
division (A)(1)(a) of this section and the accompanying	46706
certificate described in division (A)(1)(b) of this section, the	46707
probate court promptly shall give notice of the return, by a form	46708
prescribed by the tax commissioner, to the county auditor. The	46709
auditor then shall make a charge based upon the notice and shall	46710
certify a duplicate of the charge to the county treasurer. The	46711
treasurer then shall collect, subject to division (A) of section	46712
5731.25 of the Revised Code or any other statute extending the	46713
time for payment of an estate tax, the tax so charged.	46714

(b) Upon receipt of the return and the accompanying	46715
certificate, the probate court also shall forward the certificate	46716
to the auditor. When satisfied that the estate taxes under	46717
section 5731.02 or division (A) of section 5731.19 of the Revised	46718
Code, that are shown to be due in the return, have been paid in	46719
full, the auditor shall stamp the certificate so forwarded to	46720
verify that payment. The auditor then shall return the stamped	46721
certificate to the probate court.	46722

(5)(a) The certificate described in division (A)(1)(b) of	46723
this section is a public record subject to inspection and copying	46724
in accordance with section 149.43 of the Revised Code. It shall	46725
be kept in the records of the probate court pertaining to the	46726
decedent's estate and is not subject to the confidentiality	46727
provisions of section 5731.90 of the Revised Code.	46728

(b) All persons are entitled to rely on the statements	46729
contained in a certificate as described in division (A)(1)(b) of	46730
this section if it has been filed in accordance with that	46731
division, forwarded to a county auditor and stamped in accordance	46732
with division (A)(4) of this section, and placed in the records of	46733
the probate court pertaining to the decedent's estate in	46734
accordance with division (A)(5)(a) of this section. The real	46735
property referred to in the certificate shall be free of, and may	46736
be regarded by all persons as being free of, any lien for estate	46737
taxes under section 5731.02 and division (A) of section 5731.19 of	46738
the Revised Code.	46739

(B) An estate tax return filed under this section, in the	46740
form prescribed by the tax commissioner, and showing that no	46741
estate tax is due shall result in a determination that no estate	46742
tax is due, if the tax commissioner within three months after the	46743
receipt of the return by the department of taxation, fails to file	46744
exceptions to the return in the probate court of the county in	46745
which the return was filed. A copy of exceptions to a return of	46746
that nature, when the tax commissioner files them within that	46747
period, shall be sent by ordinary mail to the person who filed the	46748
return. The tax commissioner is not bound under this division by	46749
a determination that no estate tax is due, with respect to	46750
property not disclosed in the return.	46751

(C) If the executor, administrator, or other person required	46752
to file an estate tax return fails to file it within nine months	46753
of the date of the decedent's death, the tax commissioner may	46754
determine the estate tax in that estate and issue a certificate of	46755
determination in the same manner as is provided in division (B) of	46756
section 5731.27 of the Revised Code. A certificate of	46757
determination of that nature has the same force and effect as	46758
though a return had been filed and a certificate of determination	46759
issued with respect to the return.	46760

Sec. 5733.02.  Annually, between the first day of January and	46761
the thirty-first day of March or on or before the date as extended	46762
under section 5733.13 of the Revised Code, each taxpayer shall	46763
make a report in writing to the treasurer of state tax	46764
commissioner in such form as the tax commissioner prescribes, and	46765
shall remit to the treasurer of state commissioner, with the	46766
remittance made payable to the treasurer of state, the amount of	46767
the tax as shown to be due by such report less the amount paid for	46768
the year on a declaration of estimated tax report filed by the	46769
taxpayer as provided by section 5733.021 of the Revised Code.	46770
Remittance shall be made in the form prescribed by the treasurer	46771
of state commissioner, including electronic funds transfer if	46772
required by section 5733.022 of the Revised Code. The treasurer	46773
shall show on the report the date it was filed and the amount of	46774
the payment remitted to the treasurer. Thereafter, the treasurer	46775
shall immediately transmit all reports filed under this section to	46776
the tax commissioner.	46777

The commissioner shall furnish corporations, on request,	46778
copies of the forms prescribed by the commissioner for the purpose	46779
of making such report. A domestic corporation shall not dissolve,	46780
and a foreign corporation shall not withdraw or retire from	46781
business in Ohio, on or after the first day of January in any year	46782
without making a franchise tax report to the commissioner and	46783
paying or securing the tax charged for the year in which such	46784
dissolution or withdrawal occurs.	46785

The annual corporation report shall be signed by the	46786
president, vice-president, secretary, treasurer, general manager,	46787
superintendent, or managing agent in this state of such	46788
corporation. If a domestic corporation has not completed its	46789
organization, its annual report shall be signed by one of its	46790
incorporators.	46791

The report shall contain the facts, figures, computations,	46792
and attachments that result in the tax charged by this chapter and	46793
determined in the manner provided within the chapter.	46794

Sec. 5733.021.  (A) Each taxpayer which does not in the	46795
month of January file the report and make the payment required by	46796
section 5733.02 of the Revised Code shall make and file a	46797
declaration of estimated tax report for the tax year.	46798

The declaration of estimated tax report shall be filed with	46799
the treasurer of state tax commissioner on or before the last day	46800
of January in such form as prescribed by the tax commissioner, and	46801
shall reflect an estimate of the total amount due under this	46802
chapter for the tax year.	46803

(B) A taxpayer required to file a declaration of estimated	46804
tax report shall make remittance of such estimated tax to the	46805
treasurer of state tax commissioner as follows:	46806

(1) The entire estimated tax at the time of filing the	46807
declaration of estimated tax report, if such estimated tax is not	46808
in excess of the minimum tax as provided in section 5733.06 of the	46809
Revised Code;	46810

(2) If the estimated tax is in excess of the minimum tax:

46811

(a) One-third of the estimated tax at the time of filing the	46812
declaration of estimated tax report;	46813

(b) Two-thirds of the estimated tax on or before the last	46814
day of March of the tax year, unless the report and payment	46815
required by section 5733.02 of the Revised Code is are filed and	46816
paid on or before the last day of March of the tax year;.	46817

(3) If the estimated tax due is in excess of the minimum	46818
tax, and an extension of time for filing the report required by	46819
section 5733.02 of the Revised Code has been granted pursuant to	46820
section 5733.13 of the Revised Code;:	46821

(a) One-third of the estimated tax at the time of filing the	46822
declaration of estimated tax report;	46823

(b) One-third of the estimated tax on or before the last day	46824
of March of the tax year;	46825

(c) One-third of the estimated tax on or before the last day	46826
of May of the tax year, unless the report and payments required by	46827
section 5733.02 of the Revised Code are filed and paid on or	46828
before the last day of May of the tax year.	46829

Remittance of the estimated tax shall be made payable to the	46830
treasurer of state and shall be made in the form prescribed by the	46831
treasurer of state tax commissioner, including electronic funds	46832
transfer if required by section 5733.022 of the Revised Code.	46833

The tax commissioner shall immediately forward to the	46834
treasurer of state all amounts received under this section, and	46835
the treasurer of state shall credit all payments of such estimated	46836
tax as provided in section 5733.12 of the Revised Code, shall show	46837
on all reports the date each was filed and the amount of payment	46838
remitted, and shall immediately transmit all reports filed under	46839
this section to the tax commissioner.	46840

Sec. 5733.053.  (A) As used in this section:

46841

(1) "Transfer" means a transaction or series of related	46842
transactions in which a corporation directly or indirectly	46843
transfers or distributes substantially all of its assets or equity	46844
to another corporation, if the transfer or distribution qualifies	46845
for nonrecognition of gain or loss under the Internal Revenue	46846
Code.	46847

(2) "Transferor" means a corporation that has made a	46848
transfer.	46849

(3) "Transferee" means a corporation that received	46850
substantially all of the assets or equity of a transferor in a	46851
transfer.	46852

(B) For Except as provided in division (F) of this section,	46853
for purposes of valuing its issued and outstanding shares of stock	46854
under division (B) of section 5733.05 of the Revised Code, a	46855
transferee shall add to its net income allocated or apportioned to	46856
this state its transferor's net income allocated or apportioned to	46857
this state. The transferee shall add such income in computing its	46858
tax for the same tax year or years that such income would have	46859
been reported by the transferor if the transfer had not been made.	46860
The transferee shall add such income only to the extent the income	46861
is not required to be reported by the transferor for the purposes	46862
of the tax imposed by divisions (A) and (B) of section 5733.06 of	46863
the Revised Code.	46864

(C) The following shall be determined in the same manner as	46865
if the transfer had not been made:	46866

(1) The transferor's net income allocated or apportioned to	46867
this state for the tax year under divisions (B)(1) and (2) of	46868
section 5733.05 of the Revised Code;	46869

(2) The transferor's requirements for the combination of net	46870
income under section 5733.052 of the Revised Code;	46871

(3) Any other determination regarding the transferor that is	46872
necessary to avoid an absurd or unreasonable result in the	46873
application of this chapter.	46874

(D) A transferee shall be allowed the following credits and	46875
shall make the following adjustments in the same manner that they	46876
would have been available to the transferor:	46877

(1) The credits enumerated in section 5733.98 of the	46878
Revised Code;	46879

(2) The deduction under division (I)(1) of section 5733.04	46880
of the Revised Code for net operating losses incurred by its	46881
transferor, subject to the limitations set forth in sections 381	46882
and 382 of the Internal Revenue Code concerning net operating loss	46883
carryovers;	46884

(3) Any other deduction from or addition to net income under	46885
this chapter involving the transferor, the disallowance of which	46886
would be absurd or unreasonable. Such adjustments to net income	46887
and allowance of credits shall be subject to the limitations set	46888
forth in sections 381 and 382 of the Internal Revenue Code and	46889
regulations prescribed thereunder.	46890

(E) If a transferee subject to this section subsequently	46891
becomes a transferor, any net income that the transferee would	46892
have been required to add under division (B) of this section shall	46893
be included in its income as a transferor and any credits or	46894
adjustments to which the transferee would have been entitled	46895
under division (D) of this section shall be available to it as a	46896
transferor.	46897

(F) The amendments made to this section by Am. Sub. S.B.	46898
287 of the 123rd general assembly do not apply to any transfer for	46899
which negotiations began prior to January 1, 2001, and that was	46900
commenced in and completed during calendar year 2001, unless the	46901
transferee makes an election prior to December 31, 2001, to apply	46902
those amendments.	46903

Sec. 5733.056.  (A) As used in this section:

46904

(1) "Billing address" means the address where any notice,	46905
statement, or bill relating to a customer's account is mailed, as	46906
indicated in the books and records of the taxpayer on the first	46907
day of the taxable year or on such later date in the taxable year	46908
when the customer relationship began.	46909

(2) "Borrower or credit card holder located in this state"	46910
means:	46911

(a) A borrower, other than a credit card holder, that is	46912
engaged in a trade or business and maintains its commercial	46913
domicile in this state; or	46914

(b) A borrower that is not engaged in a trade or business,	46915
or a credit card holder, whose billing address is in this state.	46916

(3) "Branch" means a "domestic branch" as defined in section	46917
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	46918
1813(o), as amended.	46919

(4) "Compensation" means wages, salaries, commissions, and	46920
any other form of remuneration paid to employees for personal	46921
services that are included in such employee's gross income under	46922
the Internal Revenue Code. In the case of employees not subject	46923
to the Internal Revenue Code, such as those employed in foreign	46924
countries, the determination of whether such payments would	46925
constitute gross income to such employees under the Internal	46926
Revenue Code shall be made as though such employees were subject	46927
to the Internal Revenue Code.	46928

(5) "Credit card" means a credit, travel, or entertainment	46929
card.	46930

(6) "Credit card issuer's reimbursement fee" means the fee a	46931
taxpayer receives from a merchant's bank because one of the	46932
persons to whom the taxpayer has issued a credit card has charged	46933
merchandise or services to the credit card.	46934

(7) "Deposits" has the meaning given in section 3 of the	46935
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	46936
as amended.	46937

(8) "Employee" means, with respect to a particular taxpayer,	46938
any individual who under the usual common law rules applicable in	46939
determining the employer-employee relationship, has the status of	46940
an employee of that taxpayer.	46941

(9) "Gross rents" means the actual sum of money or other	46942
consideration payable for the use or possession of property.	46943
"Gross rents" includes:	46944

(a) Any amount payable for the use or possession of real	46945
property or tangible personal property whether designated as a	46946
fixed sum of money or as a percentage of receipts, profits, or	46947
otherwise;	46948

(b) Any amount payable as additional rent or in lieu of	46949
rent, such as interest, taxes, insurance, repairs, or any other	46950
amount required to be paid by the terms of a lease or other	46951
arrangement; and	46952

(c) A proportionate part of the cost of any improvement to	46953
real property made by or on behalf of the taxpayer which reverts	46954
to the owner or lessor upon termination of a lease or other	46955
arrangement. The amount to be included in gross rents is the	46956
amount of amortization or depreciation allowed in computing the	46957
taxable income base for the taxable year. However, where a	46958
building is erected on leased land, by or on behalf of the	46959
taxpayer, the value of the land is determined by multiplying the	46960
gross rent by eight, and the value of the building is determined	46961
in the same manner as if owned by the taxpayer.	46962

(d) The following are not included in the term "gross	46963
rents":	46964

(i) Reasonable amounts payable as separate charges for water	46965
and electric service furnished by the lessor;	46966

(ii) Reasonable amounts payable as service charges for	46967
janitorial services furnished by the lessor;	46968

(iii) Reasonable amounts payable for storage, provided such	46969
amounts are payable for space not designated and not under the	46970
control of the taxpayer; and	46971

(iv) That portion of any rental payment which is applicable	46972
to the space subleased from the taxpayer and not used by it.	46973

(10) "Loan" means any extension of credit resulting from	46974
direct negotiations between the taxpayer and its customer, or the	46975
purchase, in whole or in part, of such extension of credit from	46976
another. Loans include debt obligations of subsidiaries,	46977
participations, syndications, and leases treated as loans for	46978
federal income tax purposes. "Loan" does not include: properties	46979
treated as loans under section 595 of the Internal Revenue Code;	46980
futures or forward contracts; options; notional principal	46981
contracts such as swaps; credit card receivables, including	46982
purchased credit card relationships; non-interest bearing balances	46983
due from depositor institutions; cash items in the process of	46984
collection; federal funds sold; securities purchased under	46985
agreements to resell; assets held in a trading account;	46986
securities; interests in a real estate mortgage investment conduit	46987
or other mortgage-backed or asset-backed security; and other	46988
similar items.	46989

(11) "Loan secured by real property" means that fifty per	46990
cent or more of the aggregate value of the collateral used to	46991
secure a loan or other obligation, when valued at fair market	46992
value as of the time the original loan or obligation was incurred,	46993
was real property.	46994

(12) "Merchant discount" means the fee, or negotiated	46995
discount, charged to a merchant by the taxpayer for the privilege	46996
of participating in a program whereby a credit card is accepted in	46997
payment for merchandise or services sold to the card holder.	46998

(13) "Participation" means an extension of credit in which an	46999
undivided ownership interest is held on a pro rata basis in a	47000
single loan or pool of loans and related collateral. In a loan	47001
participation, the credit originator initially makes the loan and	47002
then subsequently resells all or a portion of it to other lenders.	47003
The participation may or may not be known to the borrower.	47004

(14) "Principal base of operations" with respect to	47005
transportation property means the place of more or less permanent	47006
nature from which the property is regularly directed or	47007
controlled. With respect to an employee, the "principal base of	47008
operations" means the place of more or less permanent nature from	47009
which the employee regularly (a) starts work and to which the	47010
employee customarily returns in order to receive instructions from	47011
the employer or (b) communicates with the employee's customers or	47012
other persons or (c) performs any other functions necessary to the	47013
exercise of the trade or profession at some other point or points.	47014

(15) "Qualified institution" means a financial institution	47015
that on or after June 1, 1997:	47016

(a)(i) Has consummated one or more approved transactions	47017
with insured banks with different home states that would qualify	47018
under section 102 of the "Riegle-Neal Interstate Banking and	47019
Branching Efficiency Act of 1994," Public Law 103-328, 108 stat.	47020
Stat. 2338;	47021

(ii) Is a federal savings association or federal savings	47022
bank that has consummated one or more interstate acquisitions that	47023
result in a financial institution that has branches in more than	47024
one state; or	47025

(iii) Has consummated one or more approved interstate	47026
acquisitions under authority of Title XI of the Revised Code that	47027
result in a financial institution that has branches in more than	47028
one state; and	47029

(b) Has at least ten per cent of its deposits in this state	47030
as of the last day of June prior to the beginning of the tax year.	47031

(16) "Real property owned" and "tangible personal property	47032
owned" mean real and tangible personal property, respectively, on	47033
which the taxpayer may claim depreciation for federal income tax	47034
purposes, or to which the taxpayer holds legal title and on which	47035
no other person may claim depreciation for federal income tax	47036
purposes, or could claim depreciation if subject to federal income	47037
tax. Real and tangible personal property do not include coin,	47038
currency, or property acquired in lieu of or pursuant to a	47039
foreclosure.	47040

(17) "Regular place of business" means an office at which the	47041
taxpayer carries on its business in a regular and systematic	47042
manner and which is continuously maintained, occupied, and used by	47043
employees of the taxpayer.	47044

(18) "State" means a state of the United States, the District	47045
of Columbia, the commonwealth of Puerto Rico, or any territory or	47046
possession of the United States.	47047

(19) "Syndication" means an extension of credit in which two	47048
or more persons fund and each person is at risk only up to a	47049
specified percentage of the total extension of credit or up to a	47050
specified dollar amount.	47051

(20) "Transportation property" means vehicles and vessels	47052
capable of moving under their own power, such as aircraft, trains,	47053
water vessels and motor vehicles, as well as any equipment or	47054
containers attached to such property, such as rolling stock,	47055
barges, trailers, or the like.	47056

(B) The annual financial institution report determines the	47057
value of the issued and outstanding shares of stock of the	47058
taxpayer, and is the base or measure of the franchise tax	47059
liability. Such determination shall be made as of the date shown	47060
by the report to have been the beginning of the financial	47061
institution's annual accounting period that includes the first day	47062
of January of the tax year. For purposes of this section,	47063
division (A) of section 5733.05, and division (D) of section	47064
5733.06 of the Revised Code, the value of the issued and	47065
outstanding shares of stock of the financial institution shall	47066
include the total value, as shown by the books of the financial	47067
institution, of its capital, surplus, whether earned or unearned,	47068
undivided profits, and reserves, but exclusive of:	47069

(1) Reserves for accounts receivable, depreciation,	47070
depletion, and any other valuation reserves with respect to	47071
specific assets;	47072

(2) Taxes due and payable during the year for which such	47073
report was made;	47074

(3) Voting stock and participation certificates in	47075
corporations chartered pursuant to the "Farm Credit Act of 1971,"	47076
85 Stat. 597, 12 U.S.C. 2091, as amended;	47077

(4) Good will, appreciation, and abandoned property as set	47078
up in the annual report of the financial institution, provided a	47079
certified balance sheet of the company is made available upon the	47080
request of the tax commissioner. Such balance sheet shall not be	47081
a part of the public records, but shall be a confidential report	47082
for use of the tax commissioner only.	47083

(5) A portion of the value of the issued and outstanding	47084
shares of stock of such financial institution equal to the amount	47085
obtained by multiplying such value by the quotient obtained by:	47086

(a) Dividing (1) the amount of the financial institution's	47087
assets, as shown on its books, represented by investments in the	47088
capital stock and indebtedness of public utilities of which at	47089
least eighty per cent of the utility's issued and outstanding	47090
common stock is owned by the financial institution by (2) the	47091
total assets of such financial institution as shown on its books;	47092

(b) Dividing (1) the amount of the financial institution's	47093
assets, as shown on its books, represented by investments in the	47094
capital stock and indebtedness of insurance companies of which at	47095
least eighty per cent of the insurance company's issued and	47096
outstanding common stock is owned by the financial institution by	47097
(2) the total assets of such financial institution as shown on its	47098
books;	47099

(c) Dividing (1) the amount of the financial institution's	47100
assets, as shown on its books, represented by investments in the	47101
capital stock and indebtedness of other financial institutions of	47102
which at least twenty-five per cent of the other financial	47103
institution's issued and outstanding common stock is owned by the	47104
financial institution by (2) the total assets of the financial	47105
institution as shown on its books. Division (B)(5)(c) of this	47106
section applies only with respect to such other financial	47107
institutions that for the tax year immediately following the	47108
taxpayer's taxable year will pay the tax imposed by division (D)	47109
of section 5733.06 of the Revised Code.	47110

(6) Land that has been determined pursuant to section	47111
5713.31 of the Revised Code by the county auditor of the county in	47112
which the land is located to be devoted exclusively to	47113
agricultural use as of the first Monday of June in the financial	47114
institution's taxable year.	47115

(7) Property within this state used exclusively during the	47116
taxable year for qualified research as defined in section 5733.05	47117
of the Revised Code.	47118

(C) The base upon which the tax levied under division (D) of	47119
section 5733.06 of the Revised Code shall be computed by	47120
multiplying the value of a financial institution's issued and	47121
outstanding shares of stock as determined in division (B) of this	47122
section by a fraction. The numerator of the fraction is the sum	47123
of the following: the property factor multiplied by fifteen, the	47124
payroll factor multiplied by fifteen, and the sales factor	47125
multiplied by seventy. The denominator of the fraction is one	47126
hundred, provided that the denominator shall be reduced by fifteen	47127
if the property factor has a denominator of zero, by fifteen if	47128
the payroll factor has a denominator of zero, and by seventy if	47129
the sales factor has a denominator of zero.	47130

(D) A financial institution shall calculate the property	47131
factor as follows:	47132

(1) The property factor is a fraction, the numerator of	47133
which is the average value of real property and tangible personal	47134
property rented to the taxpayer that is located or used within	47135
this state during the taxable year, the average value of real and	47136
tangible personal property owned by the taxpayer that is located	47137
or used within this state during the taxable year, and the average	47138
value of the taxpayer's loans and credit card receivables that are	47139
located within this state during the taxable year; and the	47140
denominator of which is the average value of all such property	47141
located or used within and without this state during the taxable	47142
year.	47143

(2)(a) The value of real property and tangible personal	47144
property owned by the taxpayer is the original cost or other basis	47145
of such property for federal income tax purposes without regard to	47146
depletion, depreciation, or amortization.	47147

(b) Loans are valued at their outstanding principal balance,	47148
without regard to any reserve for bad debts. If a loan is	47149
charged-off in whole or in part for federal income tax purposes,	47150
the portion of the loan charged-off is not outstanding. A	47151
specifically allocated reserve established pursuant to financial	47152
accounting guidelines which is treated as charged-off for federal	47153
income tax purposes shall be treated as charged-off for purposes	47154
of this section.	47155

(c) Credit card receivables are valued at their outstanding	47156
principal balance, without regard to any reserve for bad debts.	47157
If a credit card receivable is charged-off in whole or in part for	47158
federal income tax purposes, the portion of the receivable	47159
charged-off is not outstanding.	47160

(3) The average value of property owned by the taxpayer is	47161
computed on an annual basis by adding the value of the property on	47162
the first day of the taxable year and the value on the last day of	47163
the taxable year and dividing the sum by two. If averaging on	47164
this basis does not properly reflect average value, the tax	47165
commissioner may require averaging on a more frequent basis. The	47166
taxpayer may elect to average on a more frequent basis. When	47167
averaging on a more frequent basis is required by the tax	47168
commissioner or is elected by the taxpayer, the same method of	47169
valuation must be used consistently by the taxpayer with respect	47170
to property within and without this state and on all subsequent	47171
returns unless the taxpayer receives prior permission from the tax	47172
commissioner or the tax commissioner requires a different method	47173
of determining value.	47174

(4)(a) The average value of real property and tangible	47175
personal property that the taxpayer has rented from another and is	47176
not treated as property owned by the taxpayer for federal income	47177
tax purposes, shall be determined annually by multiplying the	47178
gross rents payable during the taxable year by eight.	47179

(b) Where the use of the general method described in	47180
division (D)(4)(a) of this section results in inaccurate	47181
valuations of rented property, any other method which properly	47182
reflects the value may be adopted by the tax commissioner or by	47183
the taxpayer when approved in writing by the tax commissioner.	47184
Once approved, such other method of valuation must be used on all	47185
subsequent returns unless the taxpayer receives prior approval	47186
from the tax commissioner or the tax commissioner requires a	47187
different method of valuation.	47188

(5)(a) Except as described in division (D)(5)(b) of this	47189
section, real property and tangible personal property owned by or	47190
rented to the taxpayer is considered to be located within this	47191
state if it is physically located, situated, or used within this	47192
state.	47193

(b) Transportation property is included in the numerator of	47194
the property factor to the extent that the property is used in	47195
this state. The extent an aircraft will be deemed to be used in	47196
this state and the amount of value that is to be included in the	47197
numerator of this state's property factor is determined by	47198
multiplying the average value of the aircraft by a fraction, the	47199
numerator of which is the number of landings of the aircraft in	47200
this state and the denominator of which is the total number of	47201
landings of the aircraft everywhere. If the extent of the use of	47202
any transportation property within this state cannot be	47203
determined, then the property will be deemed to be used wholly in	47204
the state in which the property has its principal base of	47205
operations. A motor vehicle will be deemed to be used wholly in	47206
the state in which it is registered.	47207

(6)(a)(i) A loan, other than a loan or advance described in	47208
division (D)(6)(d) of this section, is considered to be located	47209
within this state if it is properly assigned to a regular place of	47210
business of the taxpayer within this state.	47211

(ii) A loan is properly assigned to the regular place of	47212
business with which it has a preponderance of substantive	47213
contacts. A loan assigned by the taxpayer to a regular place of	47214
business without the state shall be presumed to have been properly	47215
assigned if:	47216

(I) The taxpayer has assigned, in the regular course of its	47217
business, such loan on its records to a regular place of business	47218
consistent with federal or state regulatory requirements;	47219

(II) Such assignment on its records is based upon	47220
substantive contacts of the load to such regular place of	47221
business; and	47222

(III) The taxpayer uses the records reflecting assignment of	47223
loans for the filing of all state and local tax returns for which	47224
an assignment of loans to a regular place of business is required.	47225

(iii) The presumption of proper assignment of a loan	47226
provided in division (D)(6)(a)(ii) of this section may be rebutted	47227
upon a showing by the tax commissioner, supported by a	47228
preponderance of the evidence, that the preponderance of	47229
substantive contacts regarding such loan did not occur at the	47230
regular place of business to which it was assigned on the	47231
taxpayer's records. When such presumption has been rebutted, the	47232
loan shall then be located within this state if (1) the taxpayer	47233
had a regular place of business within this state at the time the	47234
loan was made; and (2) the taxpayer fails to show, by a	47235
preponderance of the evidence, that the preponderance of	47236
substantive contacts regarding such load did not occur within this	47237
state.	47238

(b) In the case of a loan which is assigned by the taxpayer	47239
to a place without this state which is not a regular place of	47240
business, it shall be presumed, subject to rebuttal by the	47241
taxpayer on a showing supported by the preponderance of evidence,	47242
that the preponderance of substantive contacts regarding the loan	47243
occurred within this state if, at the time the loan was made the	47244
taxpayer's commercial domicile was within this state.	47245

(c) To determine the state in which the preponderance of	47246
substantive contacts relating to a loan have occurred, the facts	47247
and circumstances regarding the loan at issue shall be reviewed on	47248
a case-by-case basis and consideration shall be given to such	47249
activities as the solicitation, investigation, negotiation,	47250
approval, and administration of the loan. The terms	47251
"solicitation," "investigation," "negotiation," "approval," and	47252
"administration" are defined as follows:	47253

(i) "Solicitation" is either active or passive. Active	47254
solicitation occurs when an employee of the taxpayer initiates the	47255
contact with the customer. Such activity is located at the	47256
regular place of business which the taxpayer's employee is	47257
regularly connected with or working out of, regardless of where	47258
the services of such employee were actually performed. Passive	47259
solicitation occurs when the customer initiates the contact with	47260
the taxpayer. If the customer's initial contact was not at a	47261
regular place of business of the taxpayer, the regular place of	47262
business, if any, where the passive solicitation occurred is	47263
determined by the facts in each case.	47264

(ii) "Investigation" is the procedure whereby employees of	47265
the taxpayer determine the creditworthiness of the customer as	47266
well as the degree of risk involved in making a particular	47267
agreement. Such activity is located at the regular place of	47268
business which the taxpayer's employees are regularly connected	47269
with or working out of, regardless of where the services of such	47270
employees were actually performed.	47271

(iii) Negotiation is the procedure whereby employees of the	47272
taxpayer and its customer determine the terms of the agreement,	47273
such as the amount, duration, interest rate, frequency of	47274
repayment, currency denomination, and security required. Such	47275
activity is located at the regular place of business to which the	47276
taxpayer's employees are regularly connected or working from,	47277
regardless of where the services of such employees were actually	47278
performed.	47279

(iv) "Approval" is the procedure whereby employees or the	47280
board of directors of the taxpayer make the final determination	47281
whether to enter into the agreement. Such activity is located at	47282
the regular place of business to which the taxpayer's employees	47283
are regularly connected or working from, regardless of where the	47284
services of such employees were actually performed. If the board	47285
of directors makes the final determination, such activity is	47286
located at the commercial domicile of the taxpayer.	47287

(v) "Administration" is the process of managing the account.	47288
This process includes bookkeeping, collecting the payments,	47289
corresponding with the customer, reporting to management regarding	47290
the status of the agreement, and proceeding against the borrower	47291
or the security interest if the borrower is in default. Such	47292
activity is located at the regular place of business that oversees	47293
this activity.	47294

(d) A loan or advance to a subsidiary corporation at least	47295
fifty-one per cent of whose common stock is owned by the financial	47296
institution shall be allocated in and out of the state by the	47297
application of a ratio whose numerator is the sum of the net book	47298
value of the subsidiary's real property owned in this state and	47299
the subsidiary's tangible personal property owned in this state	47300
and whose denominator is the sum of the subsidiary's real property	47301
owned wherever located and the subsidiary's tangible personal	47302
property owned wherever located. For purposes of calculating this	47303
ratio, the taxpayer shall determine net book value in accordance	47304
with generally accepted accounting principles. If the subsidiary	47305
corporation owns at least fifty-one per cent of the common stock	47306
of another corporation, the ratio shall be calculated by including	47307
the other corporation's real property and tangible personal	47308
property. The calculation of the ratio applies with respect to	47309
all lower-tiered subsidiaries, provided that the immediate parent	47310
corporation of the subsidiary owns at least fifty-one per cent of	47311
the common stock of that subsidiary.	47312

(7) For purposes of determining the location of credit card	47313
receivables, credit card receivables shall be treated as loans and	47314
shall be subject to division (D)(6) of this section.	47315

(8) A loan that has been properly assigned to a state shall,	47316
absent any change of material fact, remain assigned to that state	47317
for the length of the original term of the loan. Thereafter, the	47318
loan may be properly assigned to another state if the loan has a	47319
preponderance of substantive contact to a regular place of	47320
business there.	47321

(E) A financial institution shall calculate the payroll	47322
factor as follows:	47323

(1) The payroll factor is a fraction, the numerator of which	47324
is the total amount paid in this state during the taxable year by	47325
the taxpayer for compensation, and the denominator of which is the	47326
total compensation paid both within and without this state during	47327
the taxable year.	47328

(2) Compensation is paid in this state if any one of the	47329
following tests, applied consecutively, is met:	47330

(a) The employee's services are performed entirely within	47331
this state.	47332

(b) The employee's services are performed both within and	47333
without this state, but the service performed without this state	47334
is incidental to the employee's service within this state. The	47335
term "incidental" means any service which is temporary or	47336
transitory in nature, or which is rendered in connection with an	47337
isolated transaction.	47338

(c) The employee's services are performed both within and	47339
without this state, and:	47340

(i) The employee's principal base of operations is within	47341
this state; or	47342

(ii) There is no principal base of operations in any state	47343
in which some part of the services are performed, but the place	47344
from which the services are directed or controlled is in this	47345
state; or	47346

(iii) The principal base of operations and the place from	47347
which the services are directed or controlled are not in any state	47348
in which some part of the service is performed but the employee's	47349
residence is in this state.	47350

(F) A financial institution shall calculate the sales factor	47351
as follows:	47352

(1) The sales factor is a fraction, the numerator of which	47353
is the receipts of the taxpayer in this state during the taxable	47354
year and the denominator of which is the receipts of the taxpayer	47355
within and without this state during the taxable year. The method	47356
of calculating receipts for purposes of the denominator is the	47357
same as the method used in determining receipts for purposes of	47358
the numerator.	47359

(2) The numerator of the sales factor includes receipts from	47360
the lease or rental of real property owned by the taxpayer if the	47361
property is located within this state, or receipts from the	47362
sublease of real property if the property is located within this	47363
state.	47364

(3)(a) Except as described in division (F)(3)(b) of this	47365
section the numerator of the sales factor includes receipts from	47366
the lease or rental of tangible personal property owned by the	47367
taxpayer if the property is located within this state when it is	47368
first placed in service by the lessee.	47369

(b) Receipts from the lease or rental of transportation	47370
property owned by the taxpayer are included in the numerator of	47371
the sales factor to the extent that the property is used in this	47372
state. The extent an aircraft will be deemed to be used in this	47373
state and the amount of receipts that is to be included in the	47374
numerator of this state's sales factor is determined by	47375
multiplying all the receipts from the lease or rental of the	47376
aircraft by a fraction, the numerator of which is the number of	47377
landings of the aircraft in this state and the denominator of	47378
which is the total number of landings of the aircraft. If the	47379
extent of the use of any transportation property within this state	47380
cannot be determined, then the property will be deemed to be used	47381
wholly in the state in which the property has its principal base	47382
of operations. A motor vehicle will be deemed to be used wholly	47383
in the state in which it is registered.	47384

(4)(a) The numerator of the sales factor includes interest	47385
and fees or penalties in the nature of interest from loans secured	47386
by real property if the property is located within this state. If	47387
the property is located both within this state and one or more	47388
other states, the receipts described in this paragraph are	47389
included in the numerator of the sales factor if more than fifty	47390
per cent of the fair market value of the real property is located	47391
within this state. If more than fifty per cent of the fair market	47392
value of the real property is not located within any one state,	47393
then the receipts described in this paragraph shall be included in	47394
the numerator of the sales factor if the borrower is located in	47395
this state.	47396

(b) The determination of whether the real property securing	47397
a loan is located within this state shall be made as of the time	47398
the original agreement was made and any and all subsequent	47399
substitutions of collateral shall be disregarded.	47400

(5) The numerator of the sales factor includes interest and	47401
fees or penalties in the nature of interest from loans not secured	47402
by real property if the borrower is located in this state.	47403

(6) The numerator of the sales factor includes net gains	47404
from the sale of loans. Net gains from the sale of loans includes	47405
income recorded under the coupon stripping rules of section 1286	47406
of the Internal Revenue Code.	47407

(a) The amount of net gains, but not less than zero, from	47408
the sale of loans secured by real property included in the	47409
numerator is determined by multiplying such net gains by a	47410
fraction the numerator of which is the amount included in the	47411
numerator of the sales factor pursuant to division (F)(4) of this	47412
section and the denominator of which is the total amount of	47413
interest and fees or penalties in the nature of interest from	47414
loans secured by real property.	47415

(b) The amount of net gains, but not less than zero, from	47416
the sale of loans not secured by real property included in the	47417
numerator is determined by multiplying such net gains by a	47418
fraction the numerator of which is the amount included in the	47419
numerator of the sales factor pursuant to division (F)(5) of this	47420
section and the denominator of which is the total amount of	47421
interest and fees or penalties in the nature of interest from	47422
loans not secured by real property.	47423

(7) The numerator of the sales factor includes interest and	47424
fees or penalties in the nature of interest from credit card	47425
receivables and receipts from fees charged to card holders, such	47426
as annual fees, if the billing address of the card holder is in	47427
this state.	47428

(8) The numerator of the sales factor includes net gains,	47429
but not less than zero, from the sale of credit card receivables	47430
multiplied by a fraction, the numerator of which is the amount	47431
included in the numerator of the sales factor pursuant to division	47432
(F)(7) of this section and the denominator of which is the	47433
taxpayer's total amount of interest and fees or penalties in the	47434
nature of interest from credit card receivables and fees charged	47435
to card holders.	47436

(9) The numerator of the sales factor includes all credit	47437
card issuer's reimbursement fees multiplied by a fraction, the	47438
numerator of which is the amount included in the numerator of the	47439
sales factor pursuant to division (F)(7) of this section and the	47440
denominator of which is the taxpayer's total amount of interest	47441
and fees or penalties in the nature of interest from credit card	47442
receivables and fees charged to card holders.	47443

(10) The numerator of the sales factor includes receipts	47444
from merchant discount if the commercial domicile of the merchant	47445
is in this state. Such receipts shall be computed net of any card	47446
holder charge backs, but shall not be reduced by any interchange	47447
transaction fees or by any issuer's reimbursement fees paid to	47448
another for charges made by its card holders.	47449

(11)(a)(i) The numerator of the sales factor includes loan	47450
servicing fees derived from loans secured by real property	47451
multiplied by a fraction the numerator of which is the amount	47452
included in the numerator of the sales factor pursuant to division	47453
(F)(4) of this section and the denominator of which is the total	47454
amount of interest and fees or penalties in the nature of interest	47455
from loans secured by real property.	47456

(ii) The numerator of the sales factor includes loan	47457
servicing fees derived from loans not secured by real property	47458
multiplied by a fraction the numerator of which is the amount	47459
included in the numerator of the sales factor pursuant to division	47460
(F)(5) of this section and the denominator of which is the total	47461
amount of interest and fees or penalties in the nature of interest	47462
from loans not secured by real property.	47463

(b) In circumstances in which the taxpayer receives loan	47464
servicing fees for servicing either the secured or the unsecured	47465
loans of another, the numerator of the sales factor shall include	47466
such fees if the borrower is located in this state.	47467

(12) The numerator of the sales factor includes receipts	47468
from services not otherwise apportioned under this section if the	47469
service is performed in this state. If the service is performed	47470
both within and without this state, the numerator of the sales	47471
factor includes receipts from services not otherwise apportioned	47472
under this section, if a greater proportion of the income	47473
producing activity is performed in this state based on cost of	47474
performance.	47475

(13)(a) Interest, dividends, net gains, but not less than	47476
zero, and other income from investment assets and activities and	47477
from trading assets and activities shall be included in the sales	47478
factor. Investment assets and activities and trading assets and	47479
activities include but are not limited to: investment securities;	47480
trading account assets; federal funds; securities purchased and	47481
sold under agreements to resell or repurchase; options; futures	47482
contracts; forward contracts; notional principal contracts such as	47483
swaps; equities; and foreign currency transactions. With respect	47484
to the investment and trading assets and activities described in	47485
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	47486
shall include the amounts described in such divisions.	47487

(i) The sales factor shall include the amount by which	47488
interest from federal funds sold and securities purchased under	47489
resale agreements exceeds interest expense on federal funds	47490
purchased and securities sold under repurchase agreements.	47491

(ii) The sales factor shall include the amount by which	47492
interest, dividends, gains, and other income from trading assets	47493
and activities, including, but not limited to, assets and	47494
activities in the matched book, in the arbitrage book, and foreign	47495
currency transactions, exceed amounts paid in lieu of interest,	47496
amounts paid in lieu of dividends, and losses from such assets and	47497
activities.	47498

(b) The numerator of the sales factor includes interest,	47499
dividends, net gains, but not less than zero, and other income	47500
from investment assets and activities and from trading assets and	47501
activities described in division (F)(13)(a) of this section that	47502
are attributable to this state.	47503

(i) The amount of interest, other than interest described in	47504
division (F)(13)(b)(iv) of this section, dividends, other than	47505
dividends described in that division, net gains, but not less than	47506
zero, and other income from investment assets and activities in	47507
the investment account to be attributed to this state and included	47508
in the numerator is determined by multiplying all such income from	47509
such assets and activities by a fraction, the numerator of which	47510
is the average value of such assets which are properly assigned to	47511
a regular place of business of the taxpayer within this state and	47512
the denominator of which is the average value of all such assets.	47513

(ii) The amount of interest from federal funds sold and	47514
purchased and from securities purchased under resale agreements	47515
and securities sold under repurchase agreements attributable to	47516
this state and included in the numerator is determined by	47517
multiplying the amount described in division (F)(13)(a)(i) of this	47518
section from such funds and such securities by a fraction, the	47519
numerator of which is the average value of federal funds sold and	47520
securities purchased under agreements to resell which are properly	47521
assigned to a regular place of business of the taxpayer within	47522
this state and the denominator of which is the average value of	47523
all such funds and such securities.	47524

(iii) The amount of interest, dividends, gains, and other	47525
income from trading assets and activities, including but not	47526
limited to assets and activities in the matched book, in the	47527
arbitrage book, and foreign currency transaction, but excluding	47528
amounts described in division (F)(13)(b)(i) or (ii) of this	47529
section, attributable to this state and included in the numerator	47530
is determined by multiplying the amount described in division	47531
(F)(13)(a)(ii) of this section by a fraction, the numerator of	47532
which is the average value of such trading assets which are	47533
properly assigned to a regular place of business of the taxpayer	47534
within this state and the denominator of which is the average	47535
value of all such assets.	47536

(iv) The amount of dividends received on the capital stock	47537
of, and the amount of interest received from loans and advances	47538
to, subsidiary corporations at least fifty-one per cent of whose	47539
common stock is owned by the reporting financial institution shall	47540
be allocated in and out of this state by the application of a	47541
ratio whose numerator is the sum of the net book value of the	47542
payor's real property owned in this state and the payor's tangible	47543
personal property owned in this state and whose denominator is the	47544
sum of the net book value of the payor's real property owned	47545
wherever located and the payor's tangible personal property owned	47546
wherever located. For purposes of calculating this ratio, the	47547
taxpayer shall determine net book value in accordance with	47548
generally accepted accounting principles.	47549

(v) For purposes of this division, average value shall be	47550
determined using the rules for determining the average value of	47551
tangible personal property set forth in division (D)(2) and (3) of	47552
this section.	47553

(c) In lieu of using the method set forth in division	47554
(F)(13)(b) of this section, the taxpayer may elect, or the tax	47555
commissioner may require in order to fairly represent the business	47556
activity of the taxpayer in this state, the use of the method set	47557
forth in division (F)(13)(c) of this section.	47558

(i) The amount of interest, other than interest described in	47559
division (F)(13)(b)(iv) of this section, dividends, other than	47560
dividends described in that division, net gains, but not less than	47561
zero, and other income from investment assets and activities in	47562
the investment account to be attributed to this state and included	47563
in the numerator is determined by multiplying all such income from	47564
such assets and activities by a fraction, the numerator of which	47565
is the gross income from such assets and activities which are	47566
properly assigned to a regular place of business of the taxpayer	47567
within this state, and the denominator of which is the gross	47568
income from all such assets and activities.	47569

(ii) The amount of interest from federal funds sold and	47570
purchased and from securities purchased under resale agreements	47571
and securities sold under repurchase agreements attributable to	47572
this state and included in the numerator is determined by	47573
multiplying the amount described in division (F)(13)(a)(i) of this	47574
section from such funds and such securities by a fraction, the	47575
numerator of which is the gross income from such funds and such	47576
securities which are properly assigned to a regular place of	47577
business of the taxpayer within this state and the denominator of	47578
which is the gross income from all such funds and such securities.	47579

(iii) The amount of interest, dividends, gains, and other	47580
income from trading assets and activities, including, but not	47581
limited to, assets and activities in the matched book, in the	47582
arbitrage book, and foreign currency transactions, but excluding	47583
amounts described in division (F)(13)(a)(i) or (ii) of this	47584
section, attributable to this state and included in the numerator,	47585
is determined by multiplying the amount described in division	47586
(F)(13)(a)(ii) of this section by a fraction, the numerator of	47587
which is the gross income from such trading assets and activities	47588
which are properly assigned to a regular place of business of the	47589
taxpayer within this state and the denominator of which is the	47590
gross income from all such assets and activities.	47591

(iv) The amount of dividends received on the capital stock	47592
of, and the amount of interest received from loans and advances	47593
to, subsidiary corporations at least fifty-one per cent of whose	47594
common stock is owned by the reporting financial institution shall	47595
be allocated in and out of this state by the application of a	47596
ratio whose numerator is the sum of the net book value of the	47597
payor's real property owned in this state and the payor's tangible	47598
personal property owned in this state and whose denominator is the	47599
sum of the payor's real property owned wherever located and the	47600
payor's tangible personal property owned wherever located. For	47601
purposes of calculating this ratio, the taxpayer shall determine	47602
net book value in accordance with generally accepted accounting	47603
principles.	47604

(d) If the taxpayer elects or is required by the tax	47605
commissioner to use the method set forth in division (F)(13)(c) of	47606
this section, it shall use this method on all subsequent returns	47607
unless the taxpayer receives prior permission from the tax	47608
commissioner to use or the tax commissioner requires a different	47609
method.	47610

(e) The taxpayer shall have the burden of proving that an	47611
investment asset or activity or trading asset or activity was	47612
properly assigned to a regular place of business outside of this	47613
state by demonstrating that the day-to-day decisions regarding the	47614
asset or activity occurred at a regular place of business outside	47615
this state. Where the day-to-day decisions regarding an	47616
investment asset or activity or trading asset or activity occur at	47617
more than one regular place of business and one such regular place	47618
of business is in this state and one such regular place of	47619
business is outside this state such asset or activity shall be	47620
considered to be located at the regular place of business of the	47621
taxpayer where the investment or trading policies or guidelines	47622
with respect to the asset or activity are established. Unless the	47623
taxpayer demonstrates to the contrary, such policies and	47624
guidelines shall be presumed to be established at the commercial	47625
domicile of the taxpayer.	47626

(14) The numerator of the sales factor includes all other	47627
receipts if either:	47628

(a) The income-producing activity is performed solely in	47629
this state; or	47630

(b) The income-producing activity is performed both within	47631
and without this state and a greater proportion of the	47632
income-producing activity is performed within this state than in	47633
any other state, based on costs of performance.	47634

(G) A qualified institution may calculate the base upon	47635
which the fee provided for in division (D) of section 5733.06 (D)	47636
of the revised code Revised Code is determined for each of the tax	47637
years 1998, 1999, 2000, and 2001, 2002, and 2003 by multiplying	47638
the value of its issued and outstanding shares of stock determined	47639
under division (B) of this section by a single deposits fraction	47640
whose numerator is the deposits assigned to branches in this state	47641
and whose denominator is the deposits assigned to branches	47642
everywhere. Deposits shall be assigned to branches in the same	47643
manner in which the assignment is made for regulatory purposes. If	47644
the base calculated under this division is less than the base	47645
calculated under division (C) of this section, then the qualifying	47646
institution may elect to substitute the base calculated under this	47647
division for the base calculated under division (C) of this	47648
section. Such election may be made annually for each of the tax	47649
years 1998, 1999, 2000, and 2001, 2002, and 2003 on the corporate	47650
report. The election need not accompany the report; rather, the	47651
election may accompany a subsequently filed but timely application	47652
for refund, a subsequently filed but timely amended report, or a	47653
subsequently filed but timely petition for reassessment. The	47654
election is not irrevocable and it applies only to the specified	47655
tax year. Nothing in this division shall be construed to extend	47656
any statute of limitations set forth in this chapter	47657

(H) If the apportionment provisions of this section do not	47658
fairly represent the extent of the taxpayer's business activity in	47659
this state, the taxpayer may petition for or the tax commissioner	47660
may require, in respect to all or any part of the taxpayer's	47661
business activity, if reasonable:	47662

(1) Separate accounting;

47663

(2) The exclusion of any one or more of the factors;

47664

(3) The inclusion of one or more additional factors which	47665
will fairly represent the taxpayer's business activity in this	47666
state; or	47667

(4) The employment of any other method to effectuate an	47668
equitable allocation and apportionment of the taxpayer's value.	47669

Sec. 5733.06.  The tax hereby charged each corporation	47670
subject to this chapter shall be the greater of the sum of	47671
divisions (A) and (B) of this section, after the reduction, if	47672
any, provided by division (J) of this section, or division (C) of	47673
this section, after the reduction, if any, provided by division	47674
(J) of this section, except that the tax hereby charged each	47675
financial institution subject to this chapter shall be the amount	47676
computed under division (D) of this section:	47677

(A) Except as set forth in division (F) of this section,	47678
five and one-tenth per cent upon the first fifty thousand dollars	47679
of the value of the taxpayer's issued and outstanding shares of	47680
stock as determined under division (B) of section 5733.05 of the	47681
Revised Code;	47682

(B) Except as set forth in division (F) of this section,	47683
eight and one-half per cent upon the value so determined in excess	47684
of fifty thousand dollars; or	47685

(C) Except as otherwise provided under division (G) of this	47686
section, four mills times that portion of the value of the issued	47687
and outstanding shares of stock as determined under division (C)	47688
of section 5733.05 of the Revised Code. For the purposes of	47689
division (C) of this section, division (C)(2) of section 5733.065,	47690
and division (C) of section 5733.066 of the Revised Code, the	47691
value of the issued and outstanding shares of stock of a qualified	47692
holding company is zero.	47693

(D) The tax charged each financial institution subject to	47694
this chapter shall be that portion of the value of the issued and	47695
outstanding shares of stock as determined under division (A) of	47696
section 5733.05 of the Revised Code, multiplied by the following	47697
amounts:	47698

(1) For tax years prior to the 1999 tax year, fifteen mills;

47699

(2) For the 1999 tax year, fourteen mills;

47700

(3) For tax year 2000 and thereafter, thirteen mills.

47701

(E) No tax shall be charged from any corporation that has	47702
been adjudicated bankrupt, or for which a receiver has been	47703
appointed, or that has made a general assignment for the benefit	47704
of creditors, except for the portion of the then current tax year	47705
during which the tax commissioner finds such corporation had the	47706
power to exercise its corporate franchise unimpaired by such	47707
proceedings or act. The minimum payment for all corporations	47708
shall be fifty dollars.	47709

The tax charged to corporations under this chapter for the	47710
privilege of engaging in business in this state, which is an	47711
excise tax levied on the value of the issued and outstanding	47712
shares of stock, shall in no manner be construed as prohibiting or	47713
otherwise limiting the powers of municipal corporations, joint	47714
economic development zones created under section 715.691 of the	47715
Revised Code, and joint economic development districts created	47716
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	47717
Revised Code in this state to impose an income tax on the income	47718
of such corporations.	47719

(F) If two or more taxpayers satisfy the ownership or	47720
control requirements of division (A) of section 5733.052 of the	47721
Revised Code, each such taxpayer shall substitute "the taxpayer's	47722
pro-rata amount" for "fifty thousand dollars" in divisions (A) and	47723
(B) of this section. For purposes of this division, "the	47724
taxpayer's pro-rata amount" is an amount that, when added to the	47725
other such taxpayers' pro-rata amounts, does not exceed fifty	47726
thousand dollars. For the purpose of making that computation, the	47727
taxpayer's pro-rata amount shall not be less than zero. Nothing	47728
in this division derogates from or eliminates the requirement to	47729
make the alternative computation of tax under division (C) of this	47730
section.	47731

(G) The tax liability of any corporation under division (C)	47732
of this section shall not exceed one hundred fifty thousand	47733
dollars.	47734

(H)(1) For the purposes of division (H) of this section,	47735
"exiting corporation" means a corporation that satisfies all of	47736
the following conditions:	47737

(a) The corporation had nexus with or in this state under	47738
the Constitution of the United States during any portion of a	47739
calendar year;	47740

(b) The corporation was not a corporation described in	47741
division (A) of section 5733.01 of the Revised Code on the first	47742
day of January immediately following that calendar year;	47743

(c) The corporation was not a financial institution on the	47744
first day of January immediately following that calendar year;	47745

(d) If the corporation was a transferor as defined in	47746
section 5733.053 of the Revised Code, the corporation's transferee	47747
was not required to add to the transferee's net income the income	47748
of the transferor pursuant to division (B) of that section;	47749

(e) During any portion of that calendar year, or any portion	47750
of the immediately preceding calendar year, the corporation had	47751
net income that was not included in a report filed by the	47752
corporation or its transferee pursuant to section 5733.02,	47753
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	47754

(f) The corporation would have been subject to the tax	47755
computed under divisions (A), (B), (C), (F), and (G) of this	47756
section if the corporation is assumed to be a corporation	47757
described in division (A) of section 5733.01 of the Revised Code	47758
on the first day of January immediately following the calendar	47759
year to which division (H)(1)(a) of this section refers.	47760

(2) For the purposes of division (H) of this section,	47761
"unreported net income" means net income that was not previously	47762
included in a report filed pursuant to section 5733.02, 5733.021,	47763
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	47764
realized or recognized during the calendar year to which	47765
division (H)(1) of this section refers or the immediately	47766
preceding calendar year.	47767

(3) Each exiting corporation shall pay a tax computed by	47768
first allocating and apportioning the unreported net income	47769
pursuant to division (B) of section 5733.05 and section 5733.051	47770
and, if applicable, section 5733.052 of the Revised Code. The	47771
exiting corporation then shall compute the tax due on its	47772
unreported net income allocated and apportioned to this state by	47773
applying divisions (A), (B), and (F) of this section to that	47774
income.	47775

(4) Divisions (C) and (G) of this section, division (D)(2)	47776
of section 5733.065, and division (C) of section 5733.066 of the	47777
Revised Code do not apply to an exiting corporation, but exiting	47778
corporations are subject to every other provision of this chapter.	47779

(5) Notwithstanding division (B) of section 5733.01 or	47780
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	47781
contrary, each exiting corporation shall report and pay the tax	47782
due under division (H) of this section on or before the	47783
thirty-first day of May immediately following the calendar year to	47784
which division (H)(1)(a) of this section refers. The exiting	47785
corporation shall file that report on the form most recently	47786
prescribed by the tax commissioner for the purposes of complying	47787
with sections 5733.02 and 5733.03 of the Revised Code. Upon	47788
request by the corporation, the tax commissioner may extend the	47789
date for filing the report.	47790

(6) If, on account of the application of section 5733.053 of	47791
the Revised Code, net income is subject to the tax imposed by	47792
divisions (A) and (B) of this section, such income shall not be	47793
subject to the tax imposed by division (H)(3) of this section.	47794

(7) The amendments made to division (H) of this section by	47795
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	47796
any transfer, as defined in section 5733.053 of the Revised Code,	47797
for which negotiations began prior to January 1, 2001, and that	47798
was commenced in and completed during calendar year 2001, unless	47799
the taxpayer makes an election prior to December 31, 2001, to	47800
apply those amendments.	47801

(8) The tax commissioner may adopt rules governing division	47802
(H) of this section.	47803

(I) Any reference in the Revised Code to "the tax imposed by	47804
section 5733.06 of the Revised Code" or "the tax due under section	47805
5733.06 of the Revised Code" includes the taxes imposed under	47806
sections 5733.065 and 5733.066 of the Revised Code.	47807

(J)(1) Division (J) of this section applies solely to a	47808
combined company. Section 5733.057 of the Revised Code shall	47809
apply when calculating the adjustments required by division (J) of	47810
this section.	47811

(2) Subject to division (J)(4) of this section, the total	47812
tax calculated in divisions (A) and (B) of this section shall be	47813
reduced by an amount calculated by multiplying such tax by a	47814
fraction, the numerator of which is the total taxable gross	47815
receipts attributed to providing public utility activity other	47816
than as an electric company under section 5727.03 of the Revised	47817
Code for the year upon which the taxable gross receipts are	47818
measured immediately preceding the tax year, and the denominator	47819
of which is the total gross receipts from all sources for the year	47820
upon which the taxable gross receipts are measured immediately	47821
preceding the tax year. Nothing herein shall be construed to	47822
exclude from the denominator any item of income described in	47823
section 5733.051 of the Revised Code.	47824

(3) Subject to division (J)(4) of this section, the total	47825
tax calculated in division (C) of this section shall be reduced by	47826
an amount calculated by multiplying such tax by the fraction	47827
described in division (J)(2) of this section.	47828

(4) In no event shall the reduction provided by division	47829
(J)(2) or (J)(3) of this section exceed the amount of the excise	47830
tax paid in accordance with section 5727.38 of the Revised Code,	47831
for the year upon which the taxable gross receipts are measured	47832
immediately preceding the tax year.	47833

Sec. 5733.12.  (A) Four and two-tenths per cent of all	47834
payments received by the treasurer of state from the taxes imposed	47835
under sections 5733.06 and 5733.41 of the Revised Code shall be	47836
credited to the local government fund for distribution in	47837
accordance with section 5747.50 of the Revised Code, six-tenths of	47838
one per cent shall be credited to the local government revenue	47839
assistance fund for distribution in accordance with section	47840
5747.61 of the Revised Code, and ninety-five and two-tenths per	47841
cent shall be credited to the general revenue fund.	47842

(B) Except as otherwise provided under divisions (C) and (D)	47843
of this section, an application to refund to the corporation the	47844
amount of taxes imposed under section 5733.06 of the Revised Code	47845
that are overpaid, paid illegally or erroneously, or paid on any	47846
illegal, erroneous, or excessive assessment, with interest thereon	47847
as provided by section 5733.26 of the Revised Code, shall be filed	47848
with the tax commissioner, on the form prescribed by the	47849
commissioner, within three years from the date of the illegal,	47850
erroneous, or excessive payment of the tax, or within any	47851
additional period allowed by division (C)(2) of section 5733.031,	47852
division (D)(2) of section 5733.067, or division (A) of section	47853
5733.11 of the Revised Code.	47854

On the filing of the refund application, the commissioner	47855
shall determine the amount of refund due and certify such amount	47856
to the director of budget and management and treasurer of state	47857
for payment from the tax refund fund created by section 5703.052	47858
of the Revised Code.	47859

(C) "Ninety days" shall be substituted for "three years" in	47860
division (B) of this section if the taxpayer satisfies both of the	47861
following:	47862

(1) The taxpayer has applied for a refund based in whole or	47863
in part upon section 5733.0611 of the Revised Code;	47864

(2) The taxpayer asserts that the imposition or collection	47865
of the tax imposed or charged by section 5733.06 of the Revised	47866
Code or any portion of such tax violates the Constitution of the	47867
United States or the Constitution of this state.	47868

(D)(1) Division (D)(2) of this section applies only if all	47869
of the following conditions are satisfied:	47870

(a) A qualifying pass-through entity pays an amount of the	47871
tax imposed by section 5733.41 of the Revised Code;	47872

(b) The taxpayer is a qualifying investor as to that	47873
qualifying pass-through entity;	47874

(c) The taxpayer did not claim the credit provided for in	47875
section 5733.0611 of the Revised Code as to the tax described in	47876
division (D)(1)(a) of this section;	47877

(d) The three-year period described in division (B) of this	47878
section has ended as to the taxable year for which the taxpayer	47879
otherwise would have claimed that credit.	47880

(2) A taxpayer shall file an application for refund pursuant	47881
to this division within one year after the date the payment	47882
described in division (D)(1)(a) of this section is made. An	47883
application filed under this division shall only claim refund of	47884
overpayments resulting from the taxpayer's failure to claim the	47885
credit described in division (D)(1)(c) of this section. Nothing	47886
in this division shall be construed to relieve a taxpayer from	47887
complying with the provisions of division (I)(14) of section	47888
5733.04 of the Revised Code.	47889

Sec. 5733.122.  Between the first and fifteenth days of July	47890
each year, the tax commissioner shall certify to the director of	47891
budget and management the total reported liability of the taxes or	47892
surcharges levied in the second preceding year under sections	47893
5733.065 and 5733.066 of the Revised Code. Notwithstanding section	47894
5733.12 of the Revised Code, during the period July 1, 1980, to	47895
December 31, 1981, four million dollars received by the treasurer	47896
of state under this chapter the total amount certified in each	47897
year less an amount to be retained by the department of taxation	47898
for expenses resulting from the administration of the taxes or	47899
surcharges levied under sections 5733.065 and 5733.066 of the	47900
Revised Code shall be credited to the recycling and litter	47901
prevention fund created by section 1502.02 of the Revised Code.	47902
Thereafter, during each of the consecutive six-month periods	47903
beginning January 1, 1982, five million dollars from amounts	47904
received by the treasurer of state under this chapter shall be	47905
credited to that fund. No amount shall be credited to the local	47906
government fund from any receipts credited to the recycling and	47907
litter prevention fund under this section.	47908

The office of budget and mangement shall provide the	47909
treasurer of state with a monthly schedule in accordance with	47910
which the amounts shall be credited.	47911

Sec. 5733.18.  Annually, on the day fixed for the payment of	47912
any excise or franchise tax required to be paid by law, such tax,	47913
together with any penalties subsequently accruing thereon, shall	47914
become a lien on all property in this state of a corporation,	47915
whether such property is employed by the corporation in the	47916
prosecution of its business or is in the hands of an assignee,	47917
trustee, or receiver for the benefit of the creditors and	47918
stockholders. Such lien shall continue until such taxes, together	47919
with any penalties subsequently accruing, are paid.	47920

Upon failure of such corporation to pay such tax on the day	47921
fixed for payment, the treasurer of state shall thereupon notify	47922
the tax commissioner and the commissioner may file, for which	47923
filing no fee shall be charged, in the office of the county	47924
recorder in each county in this state in which such corporation	47925
owns or has a beneficial interest in real estate, notice of such	47926
lien containing a brief description of such real estate. Such	47927
lien shall not be valid as against any mortgagee, purchaser, or	47928
judgment creditor whose rights have attached prior to the time	47929
such notice is so filed in the county in which the real estate	47930
which is the subject of such mortgage, purchase, or judgment lien	47931
is located. Such notice shall be recorded in a book kept by the	47932
recorder, called the corporation franchise lien record, and	47933
indexed under the name of the corporation charged with such tax.	47934
When such tax, together with any penalties subsequently accruing	47935
thereon, has been paid, the tax commissioner shall furnish to the	47936
corporation an acknowledgment of such payment which the	47937
corporation may record with the recorder of each county in which	47938
notice of such lien has been filed, for which recording the	47939
recorder shall charge and receive a fee of two dollars.	47940

Sec. 5733.351.  (A) As used in this section, "qualified	47941
research expenses" has the same meaning as in section 41 of the	47942
Internal Revenue Code.	47943

(B)(1) A nonrefundable credit is allowed against the tax	47944
imposed by section 5733.06 of the Revised Code for tax year 2002	47945
for a taxpayer whose taxable year for tax year 2002 ended before	47946
July 1, 2001. The credit shall equal seven per cent of the excess	47947
of qualified research expenses incurred in this state by the	47948
taxpayer between January 1, 2001, and the end of the taxable year,	47949
over the taxpayer's average annual qualified research expenses	47950
incurred in this state for the three preceding taxable years.	47951

(2) A nonrefundable credit also is allowed against the tax	47952
imposed by section 5733.06 of the Revised Code for each tax year,	47953
commencing with tax year 2004. The credit shall equal seven per	47954
cent of the excess of qualified research expenses incurred in this	47955
state by the taxpayer for the taxable year over the taxpayer's	47956
average annual qualified research expenses incurred in this state	47957
for the three preceding taxable years. The	47958

(3) The taxpayer shall claim the credit allowed under	47959
division (B)(1) or (2) of this section in the order required under	47960
by section 5733.98 of the Revised Code. Any credit amount in	47961
excess of the tax due under section 5733.06 of the Revised Code,	47962
after allowing for any other credits that precede the credit under	47963
this section in the order required under section 5733.98 of the	47964
Revised Code, may be carried forward for seven taxable years, but	47965
the amount of the excess credit allowed in any such year shall be	47966
deducted from the balance carried forward to the next year.	47967

(C) In the case of a qualifying controlled group, the credit	47968
allowed under division (B)(1) or (2) of this section to taxpayers	47969
in the qualifying controlled group shall be computed as if all	47970
corporations in the qualifying controlled group were a	47971
consolidated, single taxpayer. The credit shall be allocated to	47972
such taxpayers in any amount elected for the taxable year by the	47973
qualifying controlled group. The election shall be revocable and	47974
amendable during the period prescribed by division (B) of section	47975
5733.12 of the Revised Code.	47976

Sec. 5733.401.  (A) As used in this section:

47977

(1) "Investment pass-through entity" means a pass-through	47978
entity having for its qualifying taxable year at least ninety per	47979
cent of its gross income from transaction fees in connection with	47980
the acquisition, ownership, or disposition of intangible property,	47981
loan fees, financing fees, consent fees, waiver fees, application	47982
fees, net management fees, dividend income, interest income, net	47983
capital gains from the sale or exchange of intangible property, or	47984
distributive shares of income from pass-through entities; and	47985
having for its qualifying taxable year at least ninety per cent of	47986
the net book value of its assets represented by intangible assets.	47987
Such percentages shall be the quarterly average of those	47988
percentages as calculated during the pass-through entity's taxable	47989
year.	47990

(2) "Net management fees" means management fees that a	47991
pass-through entity earns or receives from all sources, reduced by	47992
management fees that the pass-through entity incurs or pays to any	47993
person.	47994

(B) For the purposes of divisions (A) and (C) of this	47995
section only, an investment in a pass-through entity shall be	47996
deemed to be an investment in an intangible asset.	47997

(C) Except as otherwise provided in division (D) of this	47998
section, for the purposes of division (A) of section 5733.40 of	47999
the Revised Code, an investment pass-through entity shall exclude	48000
from the calculation of the adjusted qualifying amount all	48001
transaction fees in connection with the acquisition, ownership, or	48002
disposition of intangible property,; loan fees,; financing fees,;	48003
consent fees,; waiver fees,; application fees,; net management	48004
fees, but if such fees exceed five per cent of the entity's net	48005
income calculated in accordance with generally accepted accounting	48006
principles, all net management fees shall be included in the	48007
calculation of the adjusted qualifying amount; dividend income,;	48008
interest income,; net capital gains from the sale or exchange of	48009
intangible property,; and all types and classifications of income	48010
attributable to distributive shares of income from other	48011
pass-through entities. Nothing in this division shall be	48012
construed to provide for an exclusion of any item from adjusted	48013
qualifying amount more than once.	48014

(D) Sections 5733.057 and 5747.231 of the Revised Code do	48015
not apply for the purposes of making the determinations required	48016
by division (A) of this section or claiming the exclusion provided	48017
by division (C) of this section.	48018

Sec. 5733.42.  (A) As used in this section:

48019

(1) "Eligible training program" means a program to provide	48020
job skills to eligible employees who are unable effectively to	48021
function on the job due to skill deficiencies or who would	48022
otherwise be displaced because of their skill deficiencies or	48023
inability to use new technology, or to provide job skills to	48024
eligible employees that enable them to perform other job duties	48025
for the taxpayer. Eligible training programs do not include	48026
executive, management, or personal enrichment training programs,	48027
or training programs intended exclusively for personal career	48028
development.	48029

(2) "Eligible employee" means an individual who is employed	48030
in this state by a taxpayer and has been so employed by the same	48031
taxpayer for at least one hundred eighty consecutive days before	48032
the day an application for the credit is filed under this section.	48033
"Eligible employee" does not include any employee for which a	48034
credit is claimed pursuant to division (A)(5) of section 5709.65	48035
of the Revised Code for all or any part of the same year, an	48036
employee who is not a full-time employee, or executive or	48037
managerial personnel except for the immediate supervisors of	48038
nonexecutive, nonmanagerial personnel.	48039

(3) "Eligible training costs" means:

48040

(a) Direct instructional costs, such as instructor salaries,	48041
materials and supplies, textbooks and manuals, videotapes, and	48042
other instructional media and training equipment used exclusively	48043
for the purpose of training eligible employees;	48044

(b) Wages paid to eligible employees for time devoted	48045
exclusively to an eligible training program during normal paid	48046
working hours.	48047

(4) "Full-time employee" means an individual who is employed	48048
for consideration for at least thirty-five hours per week, or who	48049
renders any other standard of service generally accepted by custom	48050
or specified by contract as full-time employment.	48051

(5) "Partnership" includes a limited liability company formed	48052
under Chapter 1705. of the Revised Code or under the laws of	48053
another state, provided that the company is not classified for	48054
federal income tax purposes as an association taxable as a	48055
corporation.	48056

(B) There is hereby allowed a nonrefundable credit against	48057
the tax imposed by section 5733.06 of the Revised Code for	48058
taxpayers for which a tax credit certificate is issued under	48059
division (C) of this section. The credit may not be claimed for	48060
any tax year after tax year years 2004, except for amounts carried	48061
forward to subsequent tax years to the extent allowed under	48062
division (J) of this section 2005, and 2006. The amount of the	48063
credit for each tax year 2004 shall equal one-half of the average	48064
of the eligible training costs paid or incurred by the taxpayer	48065
during the three calendar years immediately preceding the tax	48066
year for which the credit is claimed 1999, 2000, and 2001, not to	48067
exceed one thousand dollars for each eligible employee on	48068
account of whom eligible training costs were paid or incurred by	48069
the taxpayer during those calendar years. The amount of the	48070
credit for tax year 2005 shall equal one-half of the average of	48071
the eligible training costs paid or incurred by the taxpayer	48072
during calendar years 2002, 2003, and 2004, not to exceed one	48073
thousand dollars for each eligible employee on account of whom	48074
eligible training costs were paid or incurred by the taxpayer	48075
during those calendar years. The amount of the credit for tax	48076
year 2006 shall equal one-half of the average of the eligible	48077
training costs paid or incurred by the taxpayer during calendar	48078
years 2003, 2004, and 2005, not to exceed one thousand dollars for	48079
each eligible employee on account of whom eligible training costs	48080
were paid or incurred by the taxpayer during those calendar years.	48081
The credit claimed by a taxpayer each tax year shall not exceed	48082
one hundred thousand dollars.	48083

(C) A taxpayer who proposes to conduct an eligible training	48084
program may apply to the director of job and family services for a	48085
tax credit certificate under this section. The taxpayer may apply	48086
for such a certificate for each tax year with respect to a	48087
calendar year in which the taxpayer paid or incurred eligible	48088
training costs tax years 2004, 2005, and 2006, subject to division	48089
(L) of this section. The director shall prescribe the form of the	48090
application, which shall require a detailed description of the	48091
proposed training program. The director may require applicants to	48092
remit an application fee with each application filed with the	48093
director. The fee shall not exceed the reasonable and necessary	48094
expenses incurred by the director in receiving, reviewing, and	48095
approving such applications and issuing tax credit certificates.	48096
Proceeds from fees shall be used solely for the purpose of	48097
receiving, reviewing, and approving such applications and issuing	48098
such certificates.	48099

After receipt of an application, the director shall authorize	48100
a credit under this section by issuing a tax credit certificate,	48101
in the form prescribed by the director, if the director determines	48102
all of the following:	48103

(1) The proposed training program is an eligible training	48104
program under this section;	48105

(2) The proposed training program is economically sound and	48106
will benefit the people of this state by improving workforce	48107
skills and strengthening the economy of this state;	48108

(3) Receiving the tax credit is a major factor in the	48109
taxpayer's decision to go forward with the training program;	48110

(4) Authorization of the credit is consistent with division	48111
(H) of this section.	48112

The credit also is allowed for a taxpayer that is a partner	48113
in a partnership that pays or incurs eligible training costs. Such	48114
a taxpayer shall determine the taxpayer's credit amount in the	48115
manner prescribed by division (K) of this section.	48116

(D) If the director of job and family services denies an	48117
application for a tax credit certificate, the director shall send	48118
notice of the denial and the reason for denial to the applicant by	48119
certified mail, return receipt requested. If the director	48120
determines that an authorized training program, as actually	48121
conducted, fails to meet the requirements of this section or to	48122
comply with any condition set forth in the authorization, the	48123
director may reduce the amount of the tax credit previously	48124
granted. If the director reduces a tax credit, the director shall	48125
send notice of the reduction and the reason for the reduction to	48126
the taxpayer by certified mail, return receipt requested, and	48127
shall certify the reduction to the tax commissioner or, in the	48128
case of the reduction of a credit claimed by an insurance company,	48129
the superintendent of insurance. The tax commissioner or	48130
superintendent of insurance shall reduce the credit that may be	48131
claimed by the taxpayer accordingly. Within sixty days after	48132
receiving a notice of denial or notice of reduction of the tax	48133
credit, an applicant or taxpayer may request, in writing, a	48134
hearing before the director to review the denial or reduction.	48135
Within sixty days after receiving a request that is filed within	48136
the prescribed time, the director shall hold such a hearing at a	48137
location to be determined by the director. Within thirty days	48138
after the hearing is adjourned, the director shall issue a	48139
redetermination affirming, reversing, or modifying the denial or	48140
reduction of the tax credit and send notice of the redetermination	48141
to the applicant or taxpayer by certified mail, return receipt	48142
requested, and shall issue a notice of the redetermination to the	48143
tax commissioner or superintendent of insurance. If an applicant	48144
or taxpayer is aggrieved by the director's redetermination, the	48145
applicant or taxpayer may appeal the redetermination to the board	48146
of tax appeals in the manner prescribed by section 5717.02 of the	48147
Revised Code.	48148

(E) A taxpayer to which a tax credit certificate is issued	48149
shall retain records indicating the eligible training costs it	48150
pays or incurs for the eligible training program for which the	48151
certificate is issued for four years following the end of the tax	48152
year for which the credit is claimed. Such records shall be open	48153
to inspection by the director of job and family services upon the	48154
director's request during business hours.	48155

Financial statements and other information submitted by an	48156
applicant to the director of job and family services for a tax	48157
credit under this section, and any information taken for any	48158
purpose from such statements or information, are not public	48159
records subject to section 149.43 of the Revised Code. However,	48160
the director of job and family services, the tax commissioner, or	48161
superintendent of insurance may make use of the statements and	48162
other information for purposes of issuing public reports or in	48163
connection with court proceedings concerning tax credits allowed	48164
under this section and sections 5725.31, 5729.07, and 5747.39 of	48165
the Revised Code.	48166

(F) The director of job and family services, in accordance	48167
with Chapter 119. of the Revised Code, shall adopt rules necessary	48168
to implement this section and sections 5725.31, 5729.07, and	48169
5747.39 of the Revised Code. The rules shall be adopted after	48170
consultation with the tax commissioner and the superintendent of	48171
insurance. At the time the director gives public notice under	48172
division (A) of section 119.03 of the Revised Code of the adoption	48173
of the rules, the director shall submit copies of the proposed	48174
rules to the chairpersons and ranking minority members of the	48175
standing committees in the senate and the house of representatives	48176
to which legislation on economic development matters are	48177
customarily referred.	48178

(G) On or before the thirtieth day of September of 2001,	48179
2002, 2003, and 2004, 2005, and 2006, the director of job and	48180
family services shall submit a report to the governor, the	48181
president of the senate, and the speaker of the house of	48182
representatives on the tax credit program under this section and	48183
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	48184
report shall include information on the number of training	48185
programs that were authorized under those sections during the	48186
preceding calendar year, a description of each authorized training	48187
program, the dollar amounts of the credits granted, and an	48188
estimate of the impact of the credits on the economy of this	48189
state.	48190

(H) The aggregate amount of credits authorized under this	48191
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	48192
Code shall not exceed twenty million dollars per calendar year. No	48193
more than ten million dollars in credits per calendar year shall	48194
be authorized for persons engaged primarily in manufacturing. No	48195
less than five million dollars in credits per calendar year shall	48196
be set aside for persons engaged primarily in activities other	48197
than manufacturing and having fewer than five hundred employees.	48198
Subject to such limits, credits shall be authorized for applicants	48199
meeting the requirements of this section in the order in which	48200
they submit complete and accurate applications.	48201

(I) A nonrefundable credit allowed under this section shall	48202
be claimed in the order required under section 5733.98 of the	48203
Revised Code.	48204

(J) The taxpayer may carry forward any credit amount in	48205
excess of its tax due after allowing for any other credits that	48206
precede the credit under this section in the order required under	48207
section 5733.98 of the Revised Code. The excess credit may be	48208
carried forward for three years following the tax year for which	48209
it is first claimed under this section.	48210

(K) A taxpayer that is a partner in a partnership on the	48211
last day of the third calendar year of the three-year period	48212
during which the partnership pays or incurs eligible training	48213
costs may claim a credit under this section for the tax year	48214
immediately following that calendar year. The amount of a	48215
partner's credit equals the partner's interest in the partnership	48216
on the last day of such calendar year multiplied by the credit	48217
available to the partnership as computed by the partnership.	48218

(L) The director of job and family services shall not	48219
authorize any credits under this section and sections 5725.31,	48220
5729.07, and 5747.39 of the Revised Code for eligible training	48221
costs paid or incurred after December 31, 2003 2005.	48222

Sec. 5735.06.  (A) On or before the last day of each month,	48223
each motor fuel dealer shall file with the treasurer of state tax	48224
commissioner a report for the preceding calendar month, on forms	48225
prescribed by or in a form acceptable to the tax commissioner. The	48226
report shall include the following information:	48227

(1) An itemized statement of the number of gallons of all	48228
motor fuel received during the preceding calendar month by such	48229
motor fuel dealer, which has been produced, refined, prepared,	48230
distilled, manufactured, blended, or compounded by such motor fuel	48231
dealer in the state;	48232

(2) An itemized statement of the number of gallons of all	48233
motor fuel received by such motor fuel dealer in the state from	48234
any source during the preceding calendar month, other than motor	48235
fuel included in division (A)(1) of this section, together with a	48236
statement showing the date of receipt of such motor fuel; the name	48237
of the person from whom purchased or received; the date of receipt	48238
of each shipment of motor fuel; the point of origin and the point	48239
of destination of each shipment; the quantity of each of said	48240
purchases or shipments; the name of the carrier; the number of	48241
gallons contained in each car if shipped by rail; the point of	48242
origin, destination, and shipper if shipped by pipe line; or the	48243
name and owner of the boat, barge, or vessel if shipped by water;	48244

(3) An itemized statement of the number of gallons of motor	48245
fuel which such motor fuel dealer has during the preceding	48246
calendar month:	48247

(a) For motor fuel other than gasoline sold for use other	48248
than for operating motor vehicles on the public highways or on	48249
waters within the boundaries of this state;	48250

(b) Exported from this state to any other state or foreign	48251
country as provided in division (A)(3) of section 5735.05 of the	48252
Revised Code;	48253

(c) Sold to the United States government or any of its	48254
agencies;	48255

(d) Sold for delivery to motor fuel dealers;

48256

(e) Sold exclusively for use in the operation of aircraft;

48257

(4) Such other information incidental to the enforcement of	48258
the motor fuel laws of the state as the commissioner requires.	48259

(B) The report shall show the tax due, computed as follows:

48260

(1) The following deductions shall be made from the total	48261
number of gallons of motor fuel received by the motor fuel dealer	48262
within the state during the preceding calendar month:	48263

(a) The total number of gallons of motor fuel received by	48264
the motor fuel dealer within the state and sold or otherwise	48265
disposed of during the preceding calendar month as set forth in	48266
section 5735.05 of the Revised Code;	48267

(b) The total number of gallons received during the	48268
preceding calendar month and sold or otherwise disposed of to	48269
another licensed motor fuel dealer pursuant to section 5735.05 of	48270
the Revised Code;	48271

(c) To cover the costs of the motor fuel dealer in compiling	48272
the report, and evaporation, shrinkage, or other unaccounted-for	48273
losses:	48274

(i) If the report is timely filed and the tax is timely	48275
paid, three per cent of the total number of gallons of motor fuel	48276
received by the motor fuel dealer within the state during the	48277
preceding calendar month less the total number of gallons deducted	48278
under divisions (B)(1)(a) and (b) of this section, less one per	48279
cent of the total number of gallons of motor fuel that were sold	48280
to a retail dealer during the preceding calendar month;	48281

(ii) If the report required by division (A) of this section	48282
is not timely filed and the tax is not timely paid, no deduction	48283
shall be allowed;	48284

(iii) If the report is incomplete, no deduction shall be	48285
allowed for any fuel on which the tax is not timely reported and	48286
paid;	48287

(2) The number of gallons remaining after the deductions	48288
have been made shall be multiplied separately by each of the	48289
following amounts:	48290

(a) The cents per gallon rate;

48291

(b) Two cents.

48292

The sum of the products obtained in divisions (B)(2)(a) and	48293
(b) of this section shall be the amount of motor fuel tax for the	48294
preceding calendar month.	48295

(C) The report shall be filed together with payment of the	48296
tax shown on the report to be due, unless the motor fuel dealer is	48297
required by section 5735.062 of the Revised Code to pay the tax by	48298
electronic funds transfer, in which case the dealer shall file the	48299
report pursuant to this section and pay the tax pursuant to	48300
section 5735.062 of the Revised Code. The commissioner may extend	48301
the time for filing reports and may remit all or part of penalties	48302
which may become due under sections 5735.01 to 5735.99 of the	48303
Revised Code. The treasurer of state shall stamp or otherwise mark	48304
on all returns the date received by the treasurer and shall also	48305
show thereon by stamp or otherwise the amount of payment received	48306
for the month for which the report is filed. Thereafter, the	48307
treasurer of state shall immediately transmit all reports filed	48308
under this section to the commissioner. For purposes of this	48309
section and sections 5735.062 and 5735.12 of the Revised Code, a	48310
report required to be filed under this section is considered filed	48311
when it is received by the treasurer of state tax commissioner,	48312
and remittance of the tax due is considered to be made when the	48313
remittance is received by the treasurer of state tax commissioner	48314
or when credited to an account designated by the treasurer of	48315
state and the tax commissioner for the receipt of tax remittances.	48316
The tax commissioner shall immediately forward to the treasurer of	48317
state all amounts received under this section.	48318

(D) The tax commissioner may require a motor fuel dealer to	48319
file a report for a period other than one month. Such a report,	48320
together with payment of the tax, shall be filed not later than	48321
thirty days after the last day of the prescribed reporting period.	48322

(E) No person required by this section to file a tax report	48323
shall file a false or fraudulent tax report or supporting	48324
schedule.	48325

Sec. 5735.061.  (A) By the fifteenth day of June of 1988,	48326
1989, 1990, 1991, 1992, and 1993, the tax commissioner shall	48327
certify to each dealer the following:	48328

(1) The cents per gallon rate computed for the period that	48329
begins on the first day of July of the current year pursuant to	48330
section 5735.011 of the Revised Code;	48331

(2) The difference between the cents per gallon rate	48332
presently in effect and the cents per gallon rate referred to in	48333
division (A)(1) of this section.	48334

(B) By the thirty-first day of July of each year each motor	48335
fuel dealer shall file with the treasurer of state tax	48336
commissioner, on forms prescribed by the commissioner, a report	48337
signed by the motor fuel dealer showing the total number of	48338
gallons of all motor fuel that is held in the inventory of such	48339
motor fuel dealer as of the beginning of business on the first day	48340
of July of such year and on which the motor fuel tax has been	48341
paid.	48342

(C) If the cents per gallon rate referred to in division	48343
(A)(1) of this section is greater than the cents per gallon rate	48344
it replaced, each motor fuel dealer shall pay to the treasurer of	48345
state tax commissioner, upon the filing of the report under	48346
division (B) of this section, an amount equal to the product	48347
obtained by multiplying the gallonage referred to in division (B)	48348
of this section by the cents per gallon rate difference referred	48349
to in division (A)(2) of this section. Taxes collected pursuant to	48350
The tax commissioner shall immediately forward to the treasurer of	48351
state all money collected under this section, and such money shall	48352
be treated as revenue arising from the tax levied pursuant to	48353
section 5735.05 of the Revised Code.	48354

(D) If the cents per gallon rate referred to in division	48355
(A)(1) of this section is lower than the cents per gallon rate it	48356
replaced, each motor fuel dealer shall be entitled to a refund in	48357
an amount equal to the product obtained by multiplying the	48358
gallonage referred to in division (B) of this section by the cents	48359
per gallon rate difference referred to in division (A)(2) of this	48360
section. Within forty-five days from the date the motor fuel	48361
dealer files a report pursuant to division (B) of this section,	48362
the tax commissioner shall certify the amount of the refund to the	48363
director of budget and management and treasurer of state for	48364
payment from the tax refund fund created by section 5703.052 of	48365
the Revised Code.	48366

Sec. 5739.01.  As used in this chapter:

48367

(A) "Person" includes individuals, receivers, assignees,	48368
trustees in bankruptcy, estates, firms, partnerships,	48369
associations, joint-stock companies, joint ventures, clubs,	48370
societies, corporations, the state and its political subdivisions,	48371
and combinations of individuals of any form.	48372

(B) "Sale" and "selling" include all of the following	48373
transactions for a consideration in any manner, whether absolutely	48374
or conditionally, whether for a price or rental, in money or by	48375
exchange, and by any means whatsoever:	48376

(1) All transactions by which title or possession, or both,	48377
of tangible personal property, is or is to be transferred, or a	48378
license to use or consume tangible personal property is or is to	48379
be granted;	48380

(2) All transactions by which lodging by a hotel is or is to	48381
be furnished to transient guests;	48382

(3) All transactions by which:

48383

(a) An item of tangible personal property is or is to be	48384
repaired, except property, the purchase of which would be exempt	48385
from the tax imposed by section 5739.02 of the Revised Code;	48386

(b) An item of tangible personal property is or is to be	48387
installed, except property, the purchase of which would be exempt	48388
from the tax imposed by section 5739.02 of the Revised Code or	48389
property that is or is to be incorporated into and will become a	48390
part of a production, transmission, transportation, or	48391
distribution system for the delivery of a public utility service;	48392

(c) The service of washing, cleaning, waxing, polishing, or	48393
painting a motor vehicle is or is to be furnished;	48394

(d) Industrial laundry cleaning services are or are to be	48395
provided;	48396

(e) Automatic data processing, computer services, or	48397
electronic information services are or are to be provided for use	48398
in business when the true object of the transaction is the receipt	48399
by the consumer of automatic data processing, computer services,	48400
or electronic information services rather than the receipt of	48401
personal or professional services to which automatic data	48402
processing, computer services, or electronic information services	48403
are incidental or supplemental. Notwithstanding any other	48404
provision of this chapter, such transactions that occur between	48405
members of an affiliated group are not sales. An affiliated group	48406
means two or more persons related in such a way that one person	48407
owns or controls the business operation of another member of the	48408
group. In the case of corporations with stock, one corporation	48409
owns or controls another if it owns more than fifty per cent of	48410
the other corporation's common stock with voting rights.	48411

(f) Telecommunications service is provided that originates	48412
or terminates in this state and is charged in the records of the	48413
telecommunications service vendor to the consumer's telephone	48414
number or account in this state, or that both originates and	48415
terminates in this state; but does not include transactions by	48416
which telecommunications service is paid for by using a prepaid	48417
authorization number or prepaid telephone calling card, or by	48418
which local telecommunications service is obtained from a	48419
coin-operated telephone and paid for by using coin;	48420

(g) Landscaping and lawn care service is or is to be	48421
provided;	48422

(h) Private investigation and security service is or is to	48423
be provided;	48424

(i) Information services or tangible personal property is	48425
provided or ordered by means of a nine hundred telephone call;	48426

(j) Building maintenance and janitorial service is or is to	48427
be provided;	48428

(k) Employment service is or is to be provided;

48429

(l) Employment placement service is or is to be provided;

48430

(m) Exterminating service is or is to be provided;

48431

(n) Physical fitness facility service is or is to be	48432
provided;	48433

(o) Recreation and sports club service is or is to be	48434
provided.	48435

(4) All transactions by which printed, imprinted,	48436
overprinted, lithographic, multilithic, blueprinted, photostatic,	48437
or other productions or reproductions of written or graphic matter	48438
are or are to be furnished or transferred;	48439

(5) The production or fabrication of tangible personal	48440
property for a consideration for consumers who furnish either	48441
directly or indirectly the materials used in the production of	48442
fabrication work; and include the furnishing, preparing, or	48443
serving for a consideration of any tangible personal property	48444
consumed on the premises of the person furnishing, preparing, or	48445
serving such tangible personal property. Except as provided in	48446
section 5739.03 of the Revised Code, a construction contract	48447
pursuant to which tangible personal property is or is to be	48448
incorporated into a structure or improvement on and becoming a	48449
part of real property is not a sale of such tangible personal	48450
property. The construction contractor is the consumer of such	48451
tangible personal property, provided that the sale and	48452
installation of carpeting, the sale and installation of	48453
agricultural land tile, the sale and erection or installation of	48454
portable grain bins, or the provision of landscaping and lawn care	48455
service and the transfer of property as part of such service is	48456
never a construction contract. The transfer of copyrighted motion	48457
picture films for exhibition purposes is not a sale, except such	48458
films as are used solely for advertising purposes. Other than as	48459
provided in this section, "sale" and "selling" do not include	48460
professional, insurance, or personal service transactions which	48461
that involve the transfer of tangible personal property as an	48462
inconsequential element, for which no separate charges are made.	48463

As used in division (B)(5) of this section:

48464

(a) "Agricultural land tile" means fired clay or concrete	48465
tile, or flexible or rigid perforated plastic pipe or tubing,	48466
incorporated or to be incorporated into a subsurface drainage	48467
system appurtenant to land used or to be used directly in	48468
production by farming, agriculture, horticulture, or floriculture.	48469
The term does not include such materials when they are or are to	48470
be incorporated into a drainage system appurtenant to a building	48471
or structure even if the building or structure is used or to be	48472
used in such production.	48473

(b) "Portable grain bin" means a structure that is used or	48474
to be used by a person engaged in farming or agriculture to	48475
shelter the person's grain and that is designed to be disassembled	48476
without significant damage to its component parts.	48477

(6) All transactions in which all of the shares of stock of	48478
a closely held corporation are transferred, if the corporation is	48479
not engaging in business and its entire assets consist of boats,	48480
planes, motor vehicles, or other tangible personal property	48481
operated primarily for the use and enjoyment of the shareholders;	48482

(7) All transactions in which a warranty, maintenance or	48483
service contract, or similar agreement by which the vendor of the	48484
warranty, contract, or agreement agrees to repair or maintain the	48485
tangible personal property of the consumer is or is to be	48486
provided;	48487

(8) All transactions by which a prepaid authorization number	48488
or a prepaid telephone calling card is or is to be transferred.	48489

(C) "Vendor" means the person providing the service or by	48490
whom the transfer effected or license given by a sale is or is to	48491
be made or given and, for sales described in division (B)(3)(i) of	48492
this section, the telecommunications service vendor that provides	48493
the nine hundred telephone service; if two or more persons are	48494
engaged in business at the same place of business under a single	48495
trade name in which all collections on account of sales by each	48496
are made, such persons shall constitute a single vendor.	48497

Physicians, dentists, hospitals, and veterinarians who are	48498
engaged in selling tangible personal property as received from	48499
others, such as eyeglasses, mouthwashes, dentifrices, or similar	48500
articles, are vendors. Veterinarians who are engaged in	48501
transferring to others for a consideration drugs, the dispensing	48502
of which does not require an order of a licensed veterinarian or	48503
physician under federal law, are vendors.	48504

(D)(1) "Consumer" means the person for whom the service is	48505
provided, to whom the transfer effected or license given by a sale	48506
is or is to be made or given, to whom the service described in	48507
division (B)(3)(f) or (i) of this section is charged, or to whom	48508
the admission is granted.	48509

(2) Physicians, dentists, hospitals, and blood banks	48510
operated by nonprofit institutions and persons licensed to	48511
practice veterinary medicine, surgery, and dentistry are consumers	48512
of all tangible personal property and services purchased by them	48513
in connection with the practice of medicine, dentistry, the	48514
rendition of hospital or blood bank service, or the practice of	48515
veterinary medicine, surgery, and dentistry. In addition to being	48516
consumers of drugs administered by them or by their assistants	48517
according to their direction, veterinarians also are consumers of	48518
drugs that under federal law may be dispensed only by or upon the	48519
order of a licensed veterinarian or physician, when transferred by	48520
them to others for a consideration to provide treatment to animals	48521
as directed by the veterinarian.	48522

(3) A person who performs a facility management, or similar	48523
service contract for a contractee is a consumer of all tangible	48524
personal property and services purchased for use in connection	48525
with the performance of such contract, regardless of whether title	48526
to any such property vests in the contractee. The purchase of	48527
such property and services is not subject to the exception for	48528
resale under division (E)(1) of this section.	48529

(4)(a) In the case of a person who purchases printed matter	48530
for the purpose of distributing it or having it distributed to the	48531
public or to a designated segment of the public, free of charge,	48532
that person is the consumer of that printed matter, and the	48533
purchase of that printed matter for that purpose is a sale.	48534

(b) In the case of a person who produces, rather than	48535
purchases, printed matter for the purpose of distributing it or	48536
having it distributed to the public or to a designated segment of	48537
the public, free of charge, that person is the consumer of all	48538
tangible personal property and services purchased for use or	48539
consumption in the production of that printed matter. That person	48540
is not entitled to claim exception under division (E)(8) of this	48541
section for any material incorporated into the printed matter or	48542
any equipment, supplies, or services primarily used to produce the	48543
printed matter.	48544

(c) The distribution of printed matter to the public or to a	48545
designated segment of the public, free of charge, is not a sale to	48546
the members of the public to whom the printed matter is	48547
distributed or to any persons who purchase space in the printed	48548
matter for advertising or other purposes.	48549

(5) A person who makes sales of any of the services listed	48550
in division (B)(3) of this section is the consumer of any tangible	48551
personal property used in performing the service. The purchase of	48552
that property is not subject to the resale exception under	48553
division (E)(1) of this section.	48554

(E) "Retail sale" and "sales at retail" include all sales	48555
except those in which the purpose of the consumer is:	48556

(1) To resell the thing transferred or benefit of the	48557
service provided, by a person engaging in business, in the form in	48558
which the same is, or is to be, received by the person;	48559

(2) To incorporate the thing transferred as a material or a	48560
part, into tangible personal property to be produced for sale by	48561
manufacturing, assembling, processing, or refining, or to use or	48562
consume the thing transferred directly in producing a product for	48563
sale by mining, including without limitation the extraction from	48564
the earth of all substances which that are classed geologically as	48565
minerals, production of crude oil and natural gas, farming,	48566
agriculture, horticulture, or floriculture, and persons engaged in	48567
rendering farming, agricultural, horticultural, or floricultural	48568
services, and services in the exploration for, and production of,	48569
crude oil and natural gas, for others are deemed engaged directly	48570
in farming, agriculture, horticulture, and floriculture, or	48571
exploration for, and production of, crude oil and natural gas;	48572
directly in the rendition of a public utility service, except that	48573
the sales tax levied by section 5739.02 of the Revised Code shall	48574
be collected upon all meals, drinks, and food for human	48575
consumption sold upon Pullman and railroad coaches. This	48576
paragraph does not exempt or except from "retail sale" or "sales	48577
at retail" the sale of tangible personal property that is to be	48578
incorporated into a structure or improvement to real property.	48579

(3) To hold the thing transferred as security for the	48580
performance of an obligation of the vendor;	48581

(4) To use or consume the thing transferred in the process	48582
of reclamation as required by Chapters 1513. and 1514. of the	48583
Revised Code;	48584

(5) To resell, hold, use, or consume the thing transferred	48585
as evidence of a contract of insurance;	48586

(6) To use or consume the thing directly in commercial	48587
fishing;	48588

(7) To incorporate the thing transferred as a material or a	48589
part into, or to use or consume the thing transferred directly in	48590
the production of, magazines distributed as controlled circulation	48591
publications;	48592

(8) To use or consume the thing transferred in the	48593
production and preparation in suitable condition for market and	48594
sale of printed, imprinted, overprinted, lithographic,	48595
multilithic, blueprinted, photostatic, or other productions or	48596
reproductions of written or graphic matter;	48597

(9) To use the thing transferred, as described in section	48598
5739.011 of the Revised Code, primarily in a manufacturing	48599
operation to produce tangible personal property for sale;	48600

(10) To use the benefit of a warranty, maintenance or	48601
service contract, or similar agreement, as defined in division	48602
(B)(7) of this section, to repair or maintain tangible personal	48603
property, if all of the property that is the subject of the	48604
warranty, contract, or agreement would be exempt on its purchase	48605
from the tax imposed by section 5739.02 of the Revised Code;	48606

(11) To use the thing transferred as qualified research and	48607
development equipment;	48608

(12) To use or consume the thing transferred primarily in	48609
storing, transporting, mailing, or otherwise handling purchased	48610
sales inventory in a warehouse, distribution center, or similar	48611
facility when the inventory is primarily distributed outside this	48612
state to retail stores of the person who owns or controls the	48613
warehouse, distribution center, or similar facility, to retail	48614
stores of an affiliated group of which that person is a member, or	48615
by means of direct marketing. Division (E)(12) of this section	48616
does not apply to motor vehicles registered for operation on the	48617
public highways. As used in division (E)(12) of this section,	48618
"affiliated group" has the same meaning as in division (B)(3)(e)	48619
of this section and "direct marketing" has the same meaning as in	48620
division (B)(37) of section 5739.02 of the Revised Code.	48621

(13) To use or consume the thing transferred to fulfill a	48622
contractual obligation incurred by a warrantor pursuant to a	48623
warranty provided as a part of the price of the tangible personal	48624
property sold or by a vendor of a warranty, maintenance or service	48625
contract, or similar agreement the provision of which is defined	48626
as a sale under division (B)(7) of this section;	48627

(14) To use or consume the thing transferred in the	48628
production of a newspaper for distribution to the public;	48629

(15) To use tangible personal property to perform a service	48630
listed in division (B)(3) of this section, if the property is or	48631
is to be permanently transferred to the consumer of the service as	48632
an integral part of the performance of the service.	48633

As used in division (E) of this section, "thing" includes all	48634
transactions included in divisions (B)(3)(a), (b), and (e) of this	48635
section.	48636

Sales conducted through a coin-operated device that activates	48637
vacuum equipment or equipment that dispenses water, whether or not	48638
in combination with soap or other cleaning agents or wax, to the	48639
consumer for the consumer's use on the premises in washing,	48640
cleaning, or waxing a motor vehicle, provided no other personal	48641
property or personal service is provided as part of the	48642
transaction, are not retail sales or sales at retail.	48643

(F) "Business" includes any activity engaged in by any	48644
person with the object of gain, benefit, or advantage, either	48645
direct or indirect. "Business" does not include the activity of a	48646
person in managing and investing the person's own funds.	48647

(G) "Engaging in business" means commencing, conducting, or	48648
continuing in business, and liquidating a business when the	48649
liquidator thereof holds self itself out to the public as	48650
conducting such business. Making a casual sale is not engaging in	48651
business.	48652

(H)(1) "Price," except as provided in divisions (H)(2) and	48653
(3) of this section, means the aggregate value in money of	48654
anything paid or delivered, or promised to be paid or delivered,	48655
in the complete performance of a retail sale, without any	48656
deduction on account of the cost of the property sold, cost of	48657
materials used, labor or service cost, interest, discount paid or	48658
allowed after the sale is consummated, or any other expense. If	48659
the retail sale consists of the rental or lease of tangible	48660
personal property, "price" means the aggregate value in money of	48661
anything paid or delivered, or promised to be paid or delivered,	48662
in the complete performance of the rental or lease, without any	48663
deduction for tax, interest, labor or service charge, damage	48664
liability waiver, termination or damage charge, discount paid or	48665
allowed after the lease is consummated, or any other expense. The	48666
sales tax shall be calculated and collected by the lessor on each	48667
payment made by the lessee. Price does not include the	48668
consideration received as a deposit refundable to the consumer	48669
upon return of a beverage container, the consideration received as	48670
a deposit on a carton or case that is used for such returnable	48671
containers, or the consideration received as a refundable security	48672
deposit for the use of tangible personal property to the extent	48673
that it actually is refunded, if the consideration for such	48674
refundable deposit is separately stated from the consideration	48675
received or to be received for the tangible personal property	48676
transferred in the retail sale. Such separation must appear in	48677
the sales agreement or on the initial invoice or initial billing	48678
rendered by the vendor to the consumer. Price is the amount	48679
received inclusive of the tax, provided the vendor establishes to	48680
the satisfaction of the tax commissioner that the tax was added to	48681
the price. When the price includes both a charge for tangible	48682
personal property and a charge for providing a service and the	48683
sale of the property and the charge for the service are separately	48684
taxable, or have a separately determinable tax status, the price	48685
shall be separately stated for each such charge so the tax can be	48686
correctly computed and charged.	48687

The tax collected by the vendor from the consumer under this	48688
chapter is not part of the price, but is a tax collection for the	48689
benefit of the state and of counties levying an additional sales	48690
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	48691
and of transit authorities levying an additional sales tax	48692
pursuant to section 5739.023 of the Revised Code. Except for the	48693
discount authorized in section 5739.12 of the Revised Code, no	48694
person other than the state or such a county or transit authority	48695
shall derive any benefit from the collection or payment of such	48696
tax.	48697

(2) In the case of a sale of any new motor vehicle by a new	48698
motor vehicle dealer, as defined in section 4517.01 of the Revised	48699
Code, in which another motor vehicle is accepted by the dealer as	48700
part of the consideration received, "price" has the same meaning	48701
as in division (H)(1) of this section, reduced by the credit	48702
afforded the consumer by the dealer for the motor vehicle received	48703
in trade.	48704

(3) In the case of a sale of any watercraft or outboard	48705
motor by a watercraft dealer licensed in accordance with section	48706
1547.543 of the Revised Code, in which another watercraft,	48707
watercraft and trailer, or outboard motor is accepted by the	48708
dealer as part of the consideration received, "price" has the same	48709
meaning as in division (H)(1) of this section, reduced by the	48710
credit afforded the consumer by the dealer for the watercraft,	48711
watercraft and trailer, or outboard motor received in trade. As	48712
used in division (H)(3) of this section, "watercraft" includes an	48713
outdrive unit attached to the watercraft.	48714

(I) "Receipts" means the total amount of the prices of the	48715
sales of vendors, provided that cash discounts allowed and taken	48716
on sales at the time they are consummated are not included, minus	48717
any amount deducted as a bad debt pursuant to section 5739.121 of	48718
the Revised Code. "Receipts" does not include the sale price of	48719
property returned or services rejected by consumers when the full	48720
sale price and tax are refunded either in cash or by credit.	48721

(J) "Place of business" means any location at which a person	48722
engages in business.	48723

(K) "Premises" includes any real property or portion thereof	48724
upon which any person engages in selling tangible personal	48725
property at retail or making retail sales and also includes any	48726
real property or portion thereof designated for, or devoted to,	48727
use in conjunction with the business engaged in by such person.	48728

(L) "Casual sale" means a sale of an item of tangible	48729
personal property which that was obtained by the person making the	48730
sale, through purchase or otherwise, for the person's own use in	48731
this state and which was previously subject to any state's taxing	48732
jurisdiction on its sale or use, and includes such items acquired	48733
for the seller's use which that are sold by an auctioneer employed	48734
directly by the person for such purpose, provided the location of	48735
such sales is not the auctioneer's permanent place of business. As	48736
used in this division, "permanent place of business" includes any	48737
location where such auctioneer has conducted more than two	48738
auctions during the year.	48739

(M) "Hotel" means every establishment kept, used,	48740
maintained, advertised, or held out to the public to be a place	48741
where sleeping accommodations are offered to guests, in which five	48742
or more rooms are used for the accommodation of such guests,	48743
whether such the rooms are in one or several structures.	48744

(N) "Transient guests" means persons occupying a room or	48745
rooms for sleeping accommodations for less than thirty consecutive	48746
days.	48747

(O) "Making retail sales" means the effecting of	48748
transactions wherein one party is obligated to pay the price and	48749
the other party is obligated to provide a service or to transfer	48750
title to or possession of the item sold. "Making retail sales"	48751
does not include the preliminary acts of promoting or soliciting	48752
the retail sales, other than the distribution of printed matter	48753
which displays or describes and prices the item offered for sale,	48754
nor does it include delivery of a predetermined quantity of	48755
tangible personal property or transportation of property or	48756
personnel to or from a place where a service is performed,	48757
regardless of whether the vendor is a delivery vendor.	48758

(P) "Used directly in the rendition of a public utility	48759
service" means that property which is to be incorporated into and	48760
will become a part of the consumer's production, transmission,	48761
transportation, or distribution system and which that retains its	48762
classification as tangible personal property after such	48763
incorporation; fuel or power used in the production, transmission,	48764
transportation, or distribution system; and tangible personal	48765
property used in the repair and maintenance of the production,	48766
transmission, transportation, or distribution system, including	48767
only such motor vehicles as are specially designed and equipped	48768
for such use. Tangible personal property and services used	48769
primarily in providing highway transportation for hire are not	48770
used in providing a public utility service as defined in this	48771
division.	48772

(Q) "Refining" means removing or separating a desirable	48773
product from raw or contaminated materials by distillation or	48774
physical, mechanical, or chemical processes.	48775

(R) "Assembly" and "assembling" mean attaching or fitting	48776
together parts to form a product, but do not include packaging a	48777
product.	48778

(S) "Manufacturing operation" means a process in which	48779
materials are changed, converted, or transformed into a different	48780
state or form from which they previously existed and includes	48781
refining materials, assembling parts, and preparing raw materials	48782
and parts by mixing, measuring, blending, or otherwise committing	48783
such materials or parts to the manufacturing process.	48784
"Manufacturing operation" does not include packaging.	48785

(T) "Fiscal officer" means, with respect to a regional	48786
transit authority, the secretary-treasurer thereof, and with	48787
respect to a county which that is a transit authority, the fiscal	48788
officer of the county transit board if one is appointed pursuant	48789
to section 306.03 of the Revised Code or the county auditor if the	48790
board of county commissioners operates the county transit system.	48791

(U) "Transit authority" means a regional transit authority	48792
created pursuant to section 306.31 of the Revised Code or a county	48793
in which a county transit system is created pursuant to section	48794
306.01 of the Revised Code. For the purposes of this chapter, a	48795
transit authority must extend to at least the entire area of a	48796
single county. A transit authority which that includes territory	48797
in more than one county must include all the area of the most	48798
populous county which that is a part of such transit authority.	48799
County population shall be measured by the most recent census	48800
taken by the United States census bureau.	48801

(V) "Legislative authority" means, with respect to a	48802
regional transit authority, the board of trustees thereof, and	48803
with respect to a county which that is a transit authority, the	48804
board of county commissioners.	48805

(W) "Territory of the transit authority" means all of the	48806
area included within the territorial boundaries of a transit	48807
authority as they from time to time exist. Such territorial	48808
boundaries must at all times include all the area of a single	48809
county or all the area of the most populous county which that is a	48810
part of such transit authority. County population shall be	48811
measured by the most recent census taken by the United States	48812
census bureau.	48813

(X) "Providing a service" means providing or furnishing	48814
anything described in division (B)(3) of this section for	48815
consideration.	48816

(Y)(1)(a) "Automatic data processing" means processing of	48817
others' data, including keypunching or similar data entry services	48818
together with verification thereof, or providing access to	48819
computer equipment for the purpose of processing data.	48820

(b) "Computer services" means providing services consisting	48821
of specifying computer hardware configurations and evaluating	48822
technical processing characteristics, computer programming, and	48823
training of computer programmers and operators, provided in	48824
conjunction with and to support the sale, lease, or operation of	48825
taxable computer equipment or systems.	48826

(c) "Electronic information services" means providing access	48827
to computer equipment by means of telecommunications equipment for	48828
the purpose of either of the following:	48829

(i) Examining or acquiring data stored in or accessible to	48830
the computer equipment;	48831

(ii) Placing data into the computer equipment to be	48832
retrieved by designated recipients with access to the computer	48833
equipment.	48834

(d) "Automatic data processing, computer services, or	48835
electronic information services" shall not include personal or	48836
professional services.	48837

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	48838
section, "personal and professional services" means all services	48839
other than automatic data processing, computer services, or	48840
electronic information services, including but not limited to:	48841

(a) Accounting and legal services such as advice on tax	48842
matters, asset management, budgetary matters, quality control,	48843
information security, and auditing and any other situation where	48844
the service provider receives data or information and studies,	48845
alters, analyzes, interprets, or adjusts such material;	48846

(b) Analyzing business policies and procedures;

48847

(c) Identifying management information needs;

48848

(d) Feasibility studies, including economic and technical	48849
analysis of existing or potential computer hardware or software	48850
needs and alternatives;	48851

(e) Designing policies, procedures, and custom software for	48852
collecting business information, and determining how data should	48853
be summarized, sequenced, formatted, processed, controlled, and	48854
reported so that it will be meaningful to management;	48855

(f) Developing policies and procedures that document how	48856
business events and transactions are to be authorized, executed,	48857
and controlled;	48858

(g) Testing of business procedures;

48859

(h) Training personnel in business procedure applications;

48860

(i) Providing credit information to users of such	48861
information by a consumer reporting agency, as defined in the	48862
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	48863
1681a(f), or as hereafter amended, including but not limited to	48864
gathering, organizing, analyzing, recording, and furnishing such	48865
information by any oral, written, graphic, or electronic medium;	48866

(j) Providing debt collection services by any oral, written,	48867
graphic, or electronic means.	48868

The services listed in divisions (Y)(2)(a) to (j) of this	48869
section are not automatic data processing or computer services.	48870

(Z) "Highway transportation for hire" means the	48871
transportation of personal property belonging to others for	48872
consideration by any of the following:	48873

(1) The holder of a permit or certificate issued by this	48874
state or the United States authorizing the holder to engage in	48875
transportation of personal property belonging to others for	48876
consideration over or on highways, roadways, streets, or any	48877
similar public thoroughfare;	48878

(2) A person who engages in the transportation of personal	48879
property belonging to others for consideration over or on	48880
highways, roadways, streets, or any similar public thoroughfare	48881
but who could not have engaged in such transportation on December	48882
11, 1985, unless the person was the holder of a permit or	48883
certificate of the types described in division (Z)(1) of this	48884
section;	48885

(3) A person who leases a motor vehicle to and operates it	48886
for a person described by division (Z)(1) or (2) of this section.	48887

(AA) "Telecommunications service" means the transmission of	48888
any interactive, two-way electromagnetic communications, including	48889
voice, image, data, and information, through the use of any medium	48890
such as wires, cables, microwaves, cellular radio, radio waves,	48891
light waves, or any combination of those or similar media.	48892
"Telecommunications service" includes message toll service even	48893
though the vendor provides the message toll service by means of	48894
wide area transmission type service or private communications	48895
service purchased from another telecommunications service	48896
provider, but does not include any of the following:	48897

(1) Sales of incoming or outgoing wide area transmission	48898
service or wide area transmission type service, including eight	48899
hundred or eight-hundred-type service, to the person contracting	48900
for the receipt of that service;	48901

(2) Sales of private communications service to the person	48902
contracting for the receipt of that service that entitles the	48903
purchaser to exclusive or priority use of a communications channel	48904
or group of channels between exchanges;	48905

(3) Sales of telecommunications service by companies subject	48906
to the excise tax imposed by Chapter 5727. of the Revised Code;	48907

(4) Sales of telecommunications service to a provider of	48908
telecommunications service, including access services, for use in	48909
providing telecommunications service;	48910

(5) Value-added nonvoice services in which computer	48911
processing applications are used to act on the form, content,	48912
code, or protocol of the information to be transmitted;	48913

(6) Transmission of interactive video programming by a cable	48914
television system as defined in section 505.90 of the Revised	48915
Code.	48916

(BB) "Industrial laundry cleaning services" means removing	48917
soil or dirt from or supplying towels, linens, or articles of	48918
clothing that belong to others and are used in a trade or	48919
business.	48920

(CC) "Magazines distributed as controlled circulation	48921
publications" means magazines containing at least twenty-four	48922
pages, at least twenty-five per cent editorial content, issued at	48923
regular intervals four or more times a year, and circulated	48924
without charge to the recipient, provided that such magazines are	48925
not owned or controlled by individuals or business concerns which	48926
conduct such publications as an auxiliary to, and essentially for	48927
the advancement of the main business or calling of, those who own	48928
or control them.	48929

(DD) "Landscaping and lawn care service" means the services	48930
of planting, seeding, sodding, removing, cutting, trimming,	48931
pruning, mulching, aerating, applying chemicals, watering,	48932
fertilizing, and providing similar services to establish, promote,	48933
or control the growth of trees, shrubs, flowers, grass, ground	48934
cover, and other flora, or otherwise maintaining a lawn or	48935
landscape grown or maintained by the owner for ornamentation or	48936
other nonagricultural purpose. However, "landscaping and lawn	48937
care service" does not include the providing of such services by a	48938
person who has less than five thousand dollars in sales of such	48939
services during the calendar year.	48940

(EE) "Private investigation and security service" means the	48941
performance of any activity for which the provider of such service	48942
is required to be licensed pursuant to Chapter 4749. of the	48943
Revised Code, or would be required to be so licensed in performing	48944
such services in this state, and also includes the services of	48945
conducting polygraph examinations and of monitoring or overseeing	48946
the activities on or in, or the condition of, the consumer's home,	48947
business, or other facility by means of electronic or similar	48948
monitoring devices. "Private investigation and security service"	48949
does not include special duty services provided by off-duty police	48950
officers, deputy sheriffs, and other peace officers regularly	48951
employed by the state or a political subdivision.	48952

(FF) "Information services" means providing conversation,	48953
giving consultation or advice, playing or making a voice or other	48954
recording, making or keeping a record of the number of callers,	48955
and any other service provided to a consumer by means of a nine	48956
hundred telephone call, except when the nine hundred telephone	48957
call is the means by which the consumer makes a contribution to a	48958
recognized charity.	48959

(GG) "Research and development" means designing, creating,	48960
or formulating new or enhanced products, equipment, or	48961
manufacturing processes, and conducting scientific or	48962
technological inquiry and experimentation in the physical sciences	48963
with the goal of increasing scientific knowledge which may reveal	48964
the bases for new or enhanced products, equipment, or	48965
manufacturing processes.	48966

(HH) "Qualified research and development equipment" means	48967
capitalized tangible personal property, and leased personal	48968
property that would be capitalized if purchased, used by a person	48969
primarily to perform research and development. Tangible personal	48970
property primarily used in testing, as defined in division (A)(4)	48971
of section 5739.011 of the Revised Code, or used for recording or	48972
storing test results, is not qualified research and development	48973
equipment unless such property is primarily used by the consumer	48974
in testing the product, equipment, or manufacturing process being	48975
created, designed, or formulated by the consumer in the research	48976
and development activity or in recording or storing such test	48977
results.	48978

(II) "Building maintenance and janitorial service" means	48979
cleaning the interior or exterior of a building and any tangible	48980
personal property located therein or thereon, including any	48981
services incidental to such cleaning for which no separate charge	48982
is made. However, "building maintenance and janitorial service"	48983
does not include the providing of such service by a person who has	48984
less than five thousand dollars in sales of such service during	48985
the calendar year.	48986

(JJ) "Employment service" means providing or supplying	48987
personnel, on a temporary or long-term basis, to perform work or	48988
labor under the supervision or control of another, when the	48989
personnel so supplied receive their wages, salary, or other	48990
compensation from the provider of the service. "Employment	48991
service" does not include:	48992

(1) Acting as a contractor or subcontractor, where the	48993
personnel performing the work are not under the direct control of	48994
the purchaser.	48995

(2) Medical and health care services.

48996

(3) Supplying personnel to a purchaser pursuant to a	48997
contract of at least one year between the service provider and the	48998
purchaser that specifies that each employee covered under the	48999
contract is assigned to the purchaser on a permanent basis.	49000

(4) Transactions between members of an affiliated group, as	49001
defined in division (B)(3)(e) of this section.	49002

(KK) "Employment placement service" means locating or	49003
finding employment for a person or finding or locating an employee	49004
to fill an available position.	49005

(LL) "Exterminating service" means eradicating or attempting	49006
to eradicate vermin infestations from a building or structure, or	49007
the area surrounding a building or structure, and includes	49008
activities to inspect, detect, or prevent vermin infestation of a	49009
building or structure.	49010

(MM) "Physical fitness facility service" means all	49011
transactions by which a membership is granted, maintained, or	49012
renewed, including initiation fees, membership dues, renewal fees,	49013
monthly minimum fees, and other similar fees and dues, by a	49014
physical fitness facility such as an athletic club, health spa, or	49015
gymnasium, which entitles the member to use the facility for	49016
physical exercise.	49017

(NN) "Recreation and sports club service" means all	49018
transactions by which a membership is granted, maintained, or	49019
renewed, including initiation fees, membership dues, renewal fees,	49020
monthly minimum fees, and other similar fees and dues, by a	49021
recreation and sports club, which entitles the member to use the	49022
facilities of the organization. "Recreation and sports club"	49023
means an organization that has ownership of, or controls or leases	49024
on a continuing, long-term basis, the facilities used by its	49025
members and includes an aviation club, gun or shooting club, yacht	49026
club, card club, swimming club, tennis club, golf club, country	49027
club, riding club, amateur sports club, or similar organization.	49028

(OO) "Livestock" means farm animals commonly raised for food	49029
or food production, and includes but is not limited to cattle,	49030
sheep, goats, swine, and poultry. "Livestock" does not include	49031
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	49032
animals for use in laboratories or for exhibition, or other	49033
animals not commonly raised for food or food production.	49034

(PP) "Livestock structure" means a building or structure	49035
used exclusively for the housing, raising, feeding, or sheltering	49036
of livestock, and includes feed storage or handling structures and	49037
structures for livestock waste handling.	49038

(QQ) "Horticulture" means the growing, cultivation, and	49039
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	49040
and nursery stock. As used in this division, "nursery stock" has	49041
the same meaning as in section 927.51 of the Revised Code.	49042

(RR) "Horticulture structure" means a building or structure	49043
used exclusively for the commercial growing, raising, or	49044
overwintering of horticultural products, and includes the area	49045
used for stocking, storing, and packing horticultural products	49046
when done in conjunction with the production of those products.	49047

(SS) "Newspaper" means an unbound publication bearing a	49048
title or name that is regularly published, at least as frequently	49049
as biweekly, and distributed from a fixed place of business to the	49050
public in a specific geographic area, and that contains a	49051
substantial amount of news matter of international, national, or	49052
local events of interest to the general public.	49053

(TT) "Professional racing team" means a person that employs	49054
at least twenty full-time employees for the purpose of conducting	49055
a motor vehicle racing business for profit. The person must	49056
conduct the business with the purpose of racing one or more motor	49057
racing vehicles in at least ten competitive professional racing	49058
events each year that comprise all or part of a motor racing	49059
series sanctioned by one or more motor racing sanctioning	49060
organizations. A "motor racing vehicle" means a vehicle for which	49061
the chassis, engine, and parts are designed exclusively for motor	49062
racing, and does not include a stock or production model vehicle	49063
that may be modified for use in racing. For the purposes of this	49064
division:	49065

(1) A "competitive professional racing event" is a motor	49066
vehicle racing event sanctioned by one or more motor racing	49067
sanctioning organizations, at which aggregate cash prizes in	49068
excess of eight hundred thousand dollars are awarded to the	49069
competitors.	49070

(2) "Full-time employee" means an individual who is employed	49071
for consideration for thirty-five or more hours a week, or who	49072
renders any other standard of service generally accepted by custom	49073
or specified by contract as full-time employment.	49074

(UU)(1) "Prepaid authorization number" means a numeric or	49075
alphanumeric combination that represents a prepaid account that	49076
can be used by the account holder solely to obtain	49077
telecommunications service, and includes any renewals or increases	49078
in the prepaid account.	49079

(2) "Prepaid telephone calling card" means a tangible item	49080
that contains a prepaid authorization number that can be used	49081
solely to obtain telecommunications service, and includes any	49082
renewals or increases in the prepaid account.	49083

Sec. 5739.02.  For the purpose of providing revenue with	49084
which to meet the needs of the state, for the use of the general	49085
revenue fund of the state, for the purpose of securing a thorough	49086
and efficient system of common schools throughout the state, for	49087
the purpose of affording revenues, in addition to those from	49088
general property taxes, permitted under constitutional	49089
limitations, and from other sources, for the support of local	49090
governmental functions, and for the purpose of reimbursing the	49091
state for the expense of administering this chapter, an excise tax	49092
is hereby levied on each retail sale made in this state.	49093

(A) The tax shall be collected pursuant to the schedules in	49094
section 5739.025 of the Revised Code.	49095

The tax applies and is collectible when the sale is made,	49096
regardless of the time when the price is paid or delivered.	49097

In the case of a sale, the price of which consists in whole	49098
or in part of rentals for the use of the thing transferred, the	49099
tax, as regards such rentals, shall be measured by the	49100
installments thereof.	49101

In the case of a sale of a service defined under division	49102
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	49103
which consists in whole or in part of a membership for the receipt	49104
of the benefit of the service, the tax applicable to the sale	49105
shall be measured by the installments thereof.	49106

(B) The tax does not apply to the following:

49107

(1) Sales to the state or any of its political subdivisions,	49108
or to any other state or its political subdivisions if the laws of	49109
that state exempt from taxation sales made to this state and its	49110
political subdivisions;	49111

(2) Sales of food for human consumption off the premises	49112
where sold;	49113

(3) Sales of food sold to students only in a cafeteria,	49114
dormitory, fraternity, or sorority maintained in a private,	49115
public, or parochial school, college, or university;	49116

(4) Sales of newspapers, and of magazine subscriptions	49117
shipped by second class mail, and sales or transfers of magazines	49118
distributed as controlled circulation publications;	49119

(5) The furnishing, preparing, or serving of meals without	49120
charge by an employer to an employee provided the employer records	49121
the meals as part compensation for services performed or work	49122
done;	49123

(6) Sales of motor fuel upon receipt, use, distribution, or	49124
sale of which in this state a tax is imposed by the law of this	49125
state, but this exemption shall not apply to the sale of motor	49126
fuel on which a refund of the tax is allowable under section	49127
5735.14 of the Revised Code; and the tax commissioner may deduct	49128
the amount of tax levied by this section applicable to the price	49129
of motor fuel when granting a refund of motor fuel tax pursuant to	49130
section 5735.14 of the Revised Code and shall cause the amount	49131
deducted to be paid into the general revenue fund of this state;	49132

(7) Sales of natural gas by a natural gas company, of water	49133
by a water-works company, or of steam by a heating company, if in	49134
each case the thing sold is delivered to consumers through pipes	49135
or conduits, and all sales of communications services by a	49136
telephone or telegraph company, all terms as defined in section	49137
5727.01 of the Revised Code;	49138

(8) Casual sales by a person, or auctioneer employed	49139
directly by the person to conduct such sales, except as to such	49140
sales of motor vehicles, watercraft or outboard motors required to	49141
be titled under section 1548.06 of the Revised Code, watercraft	49142
documented with the United States coast guard, snowmobiles, and	49143
all-purpose vehicles as defined in section 4519.01 of the Revised	49144
Code;	49145

(9) Sales of services or tangible personal property, other	49146
than motor vehicles, mobile homes, and manufactured homes, by	49147
churches, organizations exempt from taxation under section	49148
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	49149
organizations operated exclusively for charitable purposes as	49150
defined in division (B)(12) of this section, provided that the	49151
number of days on which such tangible personal property or	49152
services, other than items never subject to the tax, are sold does	49153
not exceed six in any calendar year. If the number of days on	49154
which such sales are made exceeds six in any calendar year, the	49155
church or organization shall be considered to be engaged in	49156
business and all subsequent sales by it shall be subject to the	49157
tax. In counting the number of days, all sales by groups within a	49158
church or within an organization shall be considered to be sales	49159
of that church or organization, except that sales made by separate	49160
student clubs and other groups of students of a primary or	49161
secondary school, and sales made by a parent-teacher association,	49162
booster group, or similar organization that raises money to	49163
support or fund curricular or extracurricular activities of a	49164
primary or secondary school, shall not be considered to be sales	49165
of such school, and sales by each such club, group, association,	49166
or organization shall be counted separately for purposes of the	49167
six-day limitation. This division does not apply to sales by a	49168
noncommercial educational radio or television broadcasting	49169
station.	49170

(10) Sales not within the taxing power of this state under	49171
the Constitution of the United States;	49172

(11) The transportation of persons or property, unless the	49173
transportation is by a private investigation and security service;	49174

(12) Sales of tangible personal property or services to	49175
churches, to organizations exempt from taxation under section	49176
501(c)(3) of the Internal Revenue Code of 1986, and to any other	49177
nonprofit organizations operated exclusively for charitable	49178
purposes in this state, no part of the net income of which inures	49179
to the benefit of any private shareholder or individual, and no	49180
substantial part of the activities of which consists of carrying	49181
on propaganda or otherwise attempting to influence legislation;	49182
sales to offices administering one or more homes for the aged or	49183
one or more hospital facilities exempt under section 140.08 of the	49184
Revised Code; and sales to organizations described in division (D)	49185
of section 5709.12 of the Revised Code.	49186

"Charitable purposes" means the relief of poverty; the	49187
improvement of health through the alleviation of illness, disease,	49188
or injury; the operation of an organization exclusively for the	49189
provision of professional, laundry, printing, and purchasing	49190
services to hospitals or charitable institutions; the operation of	49191
a home for the aged, as defined in section 5701.13 of the Revised	49192
Code; the operation of a radio or television broadcasting station	49193
that is licensed by the federal communications commission as a	49194
noncommercial educational radio or television station; the	49195
operation of a nonprofit animal adoption service or a county	49196
humane society; the promotion of education by an institution of	49197
learning that maintains a faculty of qualified instructors,	49198
teaches regular continuous courses of study, and confers a	49199
recognized diploma upon completion of a specific curriculum; the	49200
operation of a parent-teacher association, booster group, or	49201
similar organization primarily engaged in the promotion and	49202
support of the curricular or extracurricular activities of a	49203
primary or secondary school; the operation of a community or area	49204
center in which presentations in music, dramatics, the arts, and	49205
related fields are made in order to foster public interest and	49206
education therein; the production of performances in music,	49207
dramatics, and the arts; or the promotion of education by an	49208
organization engaged in carrying on research in, or the	49209
dissemination of, scientific and technological knowledge and	49210
information primarily for the public.	49211

Nothing in this division shall be deemed to exempt sales to	49212
any organization for use in the operation or carrying on of a	49213
trade or business, or sales to a home for the aged for use in the	49214
operation of independent living facilities as defined in division	49215
(A) of section 5709.12 of the Revised Code.	49216

(13) Building and construction materials and services sold	49217
to construction contractors for incorporation into a structure or	49218
improvement to real property under a construction contract with	49219
this state or a political subdivision thereof, or with the United	49220
States government or any of its agencies; building and	49221
construction materials and services sold to construction	49222
contractors for incorporation into a structure or improvement to	49223
real property that are accepted for ownership by this state or any	49224
of its political subdivisions, or by the United States government	49225
or any of its agencies at the time of completion of such	49226
structures or improvements; building and construction materials	49227
sold to construction contractors for incorporation into a	49228
horticulture structure or livestock structure for a person engaged	49229
in the business of horticulture or producing livestock; building	49230
materials and services sold to a construction contractor for	49231
incorporation into a house of public worship or religious	49232
education, or a building used exclusively for charitable purposes	49233
under a construction contract with an organization whose purpose	49234
is as described in division (B)(12) of this section; building	49235
materials and services sold to a construction contractor for	49236
incorporation into a building under a construction contract with	49237
an organization exempt from taxation under section 501(c)(3) of	49238
the Internal Revenue Code of 1986 when the building is to be used	49239
exclusively for the organization's exempt purposes; building and	49240
construction materials sold for incorporation into the original	49241
construction of a sports facility under section 307.696 of the	49242
Revised Code; and building and construction materials and services	49243
sold to a construction contractor for incorporation into real	49244
property outside this state if such materials and services, when	49245
sold to a construction contractor in the state in which the real	49246
property is located for incorporation into real property in that	49247
state, would be exempt from a tax on sales levied by that state;	49248

(14) Sales of ships or vessels or rail rolling stock used or	49249
to be used principally in interstate or foreign commerce, and	49250
repairs, alterations, fuel, and lubricants for such ships or	49251
vessels or rail rolling stock;	49252

(15) Sales to persons engaged in any of the activities	49253
mentioned in division (E)(2) or (9) of section 5739.01 of the	49254
Revised Code, to persons engaged in making retail sales, or to	49255
persons who purchase for sale from a manufacturer tangible	49256
personal property that was produced by the manufacturer in	49257
accordance with specific designs provided by the purchaser, of	49258
packages, including material, labels, and parts for packages, and	49259
of machinery, equipment, and material for use primarily in	49260
packaging tangible personal property produced for sale, including	49261
any machinery, equipment, and supplies used to make labels or	49262
packages, to prepare packages or products for labeling, or to	49263
label packages or products, by or on the order of the person doing	49264
the packaging, or sold at retail. "Packages" includes bags,	49265
baskets, cartons, crates, boxes, cans, bottles, bindings,	49266
wrappings, and other similar devices and containers, and	49267
"packaging" means placing therein.	49268

(16) Sales of food to persons using food stamp coupons	49269
benefits to purchase the food. As used in division (B)(16) of	49270
this section, "food" has the same meaning as in the "Food Stamp	49271
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	49272
regulations adopted pursuant to that act.	49273

(17) Sales to persons engaged in farming, agriculture,	49274
horticulture, or floriculture, of tangible personal property for	49275
use or consumption directly in the production by farming,	49276
agriculture, horticulture, or floriculture of other tangible	49277
personal property for use or consumption directly in the	49278
production of tangible personal property for sale by farming,	49279
agriculture, horticulture, or floriculture; or material and parts	49280
for incorporation into any such tangible personal property for use	49281
or consumption in production; and of tangible personal property	49282
for such use or consumption in the conditioning or holding of	49283
products produced by and for such use, consumption, or sale by	49284
persons engaged in farming, agriculture, horticulture, or	49285
floriculture, except where such property is incorporated into real	49286
property;	49287

(18) Sales of drugs dispensed by a licensed pharmacist upon	49288
the order of a licensed health professional authorized to	49289
prescribe drugs to a human being, as the term "licensed health	49290
professional authorized to prescribe drugs" is defined in section	49291
4729.01 of the Revised Code; insulin as recognized in the official	49292
United States pharmacopoeia; urine and blood testing materials	49293
when used by diabetics or persons with hypoglycemia to test for	49294
glucose or acetone; hypodermic syringes and needles when used by	49295
diabetics for insulin injections; epoetin alfa when purchased for	49296
use in the treatment of persons with end-stage renal disease;	49297
hospital beds when purchased for use by persons with medical	49298
problems for medical purposes; and oxygen and oxygen-dispensing	49299
equipment when purchased for use by persons with medical problems	49300
for medical purposes;	49301

(19) Sales of artificial limbs or portion thereof, breast	49302
prostheses, and other prosthetic devices for humans; braces or	49303
other devices for supporting weakened or nonfunctioning parts of	49304
the human body; wheelchairs; devices used to lift wheelchairs into	49305
motor vehicles and parts and accessories to such devices; crutches	49306
or other devices to aid human perambulation; and items of tangible	49307
personal property used to supplement impaired functions of the	49308
human body such as respiration, hearing, or elimination. No	49309
exemption under this division shall be allowed for nonprescription	49310
drugs, medicines, or remedies; items or devices used to supplement	49311
vision; items or devices whose function is solely or primarily	49312
cosmetic; or physical fitness equipment. This division does not	49313
apply to sales to a physician or medical facility for use in the	49314
treatment of a patient.	49315

(20) Sales of emergency and fire protection vehicles and	49316
equipment to nonprofit organizations for use solely in providing	49317
fire protection and emergency services, including trauma care and	49318
emergency medical services, for political subdivisions of the	49319
state;	49320

(21) Sales of tangible personal property manufactured in	49321
this state, if sold by the manufacturer in this state to a	49322
retailer for use in the retail business of the retailer outside of	49323
this state and if possession is taken from the manufacturer by the	49324
purchaser within this state for the sole purpose of immediately	49325
removing the same from this state in a vehicle owned by the	49326
purchaser;	49327

(22) Sales of services provided by the state or any of its	49328
political subdivisions, agencies, instrumentalities, institutions,	49329
or authorities, or by governmental entities of the state or any of	49330
its political subdivisions, agencies, instrumentalities,	49331
institutions, or authorities;	49332

(23) Sales of motor vehicles to nonresidents of this state	49333
upon the presentation of an affidavit executed in this state by	49334
the nonresident purchaser affirming that the purchaser is a	49335
nonresident of this state, that possession of the motor vehicle is	49336
taken in this state for the sole purpose of immediately removing	49337
it from this state, that the motor vehicle will be permanently	49338
titled and registered in another state, and that the motor vehicle	49339
will not be used in this state;	49340

(24) Sales to persons engaged in the preparation of eggs for	49341
sale of tangible personal property used or consumed directly in	49342
such preparation, including such tangible personal property used	49343
for cleaning, sanitizing, preserving, grading, sorting, and	49344
classifying by size; packages, including material and parts for	49345
packages, and machinery, equipment, and material for use in	49346
packaging eggs for sale; and handling and transportation equipment	49347
and parts therefor, except motor vehicles licensed to operate on	49348
public highways, used in intraplant or interplant transfers or	49349
shipment of eggs in the process of preparation for sale, when the	49350
plant or plants within or between which such transfers or	49351
shipments occur are operated by the same person. "Packages"	49352
includes containers, cases, baskets, flats, fillers, filler flats,	49353
cartons, closure materials, labels, and labeling materials, and	49354
"packaging" means placing therein.	49355

(25)(a) Sales of water to a consumer for residential use,	49356
except the sale of bottled water, distilled water, mineral water,	49357
carbonated water, or ice;	49358

(b) Sales of water by a nonprofit corporation engaged	49359
exclusively in the treatment, distribution, and sale of water to	49360
consumers, if such water is delivered to consumers through pipes	49361
or tubing.	49362

(26) Fees charged for inspection or reinspection of motor	49363
vehicles under section 3704.14 of the Revised Code;	49364

(27) Sales to persons licensed to conduct a food service	49365
operation pursuant to section 3717.43 of the Revised Code, of	49366
tangible personal property primarily used directly for the	49367
following:	49368

(a) To prepare food for human consumption for sale;

49369

(b) To preserve food that has been or will be prepared for	49370
human consumption for sale by the food service operator, not	49371
including tangible personal property used to display food for	49372
selection by the consumer;	49373

(c) To clean tangible personal property used to prepare or	49374
serve food for human consumption for sale.	49375

(28) Sales of animals by nonprofit animal adoption services	49376
or county humane societies;	49377

(29) Sales of services to a corporation described in	49378
division (A) of section 5709.72 of the Revised Code, and sales of	49379
tangible personal property that qualifies for exemption from	49380
taxation under section 5709.72 of the Revised Code;	49381

(30) Sales and installation of agricultural land tile, as	49382
defined in division (B)(5)(a) of section 5739.01 of the Revised	49383
Code;	49384

(31) Sales and erection or installation of portable grain	49385
bins, as defined in division (B)(5)(b) of section 5739.01 of the	49386
Revised Code;	49387

(32) The sale, lease, repair, and maintenance of, parts for,	49388
or items attached to or incorporated in, motor vehicles that are	49389
primarily used for transporting tangible personal property by a	49390
person engaged in highway transportation for hire;	49391

(33) Sales to the state headquarters of any veterans'	49392
organization in Ohio that is either incorporated and issued a	49393
charter by the congress of the United States or is recognized by	49394
the United States veterans administration, for use by the	49395
headquarters;	49396

(34) Sales to a telecommunications service vendor of	49397
tangible personal property and services used directly and	49398
primarily in transmitting, receiving, switching, or recording any	49399
interactive, two-way electromagnetic communications, including	49400
voice, image, data, and information, through the use of any	49401
medium, including, but not limited to, poles, wires, cables,	49402
switching equipment, computers, and record storage devices and	49403
media, and component parts for the tangible personal property.	49404
The exemption provided in division (B)(34) of this section shall	49405
be in lieu of all other exceptions under division (E)(2) of	49406
section 5739.01 of the Revised Code to which a telecommunications	49407
service vendor may otherwise be entitled based upon the use of the	49408
thing purchased in providing the telecommunications service.	49409

(35) Sales of investment metal bullion and investment coins.	49410
"Investment metal bullion" means any elementary precious metal	49411
that has been put through a process of smelting or refining,	49412
including, but not limited to, gold, silver, platinum, and	49413
palladium, and which is in such state or condition that its value	49414
depends upon its content and not upon its form. "Investment metal	49415
bullion" does not include fabricated precious metal that has been	49416
processed or manufactured for one or more specific and customary	49417
industrial, professional, or artistic uses. "Investment coins"	49418
means numismatic coins or other forms of money and legal tender	49419
manufactured of gold, silver, platinum, palladium, or other metal	49420
under the laws of the United States or any foreign nation with a	49421
fair market value greater than any statutory or nominal value of	49422
such coins.	49423

(36)(a) Sales where the purpose of the consumer is to use or	49424
consume the things transferred in making retail sales and	49425
consisting of newspaper inserts, catalogues, coupons, flyers, gift	49426
certificates, or other advertising material that prices and	49427
describes tangible personal property offered for retail sale.	49428

(b) Sales to direct marketing vendors of preliminary	49429
materials such as photographs, artwork, and typesetting that will	49430
be used in printing advertising material; of printed matter that	49431
offers free merchandise or chances to win sweepstake prizes and	49432
that is mailed to potential customers with advertising material	49433
described in division (B)(36)(a) of this section; and of equipment	49434
such as telephones, computers, facsimile machines, and similar	49435
tangible personal property primarily used to accept orders for	49436
direct marketing retail sales.	49437

(c) Sales of automatic food vending machines that preserve	49438
food with a shelf life of forty-five days or less by refrigeration	49439
and dispense it to the consumer.	49440

For purposes of division (B)(36) of this section, "direct	49441
marketing" means the method of selling where consumers order	49442
tangible personal property by United States mail, delivery	49443
service, or telecommunication and the vendor delivers or ships the	49444
tangible personal property sold to the consumer from a warehouse,	49445
catalogue distribution center, or similar fulfillment facility by	49446
means of the United States mail, delivery service, or common	49447
carrier.	49448

(37) Sales to a person engaged in the business of	49449
horticulture or producing livestock of materials to be	49450
incorporated into a horticulture structure or livestock structure;	49451

(38) The sale of a motor vehicle that is used exclusively	49452
for a vanpool ridesharing arrangement to persons participating in	49453
the vanpool ridesharing arrangement when the vendor is selling the	49454
vehicle pursuant to a contract between the vendor and the	49455
department of transportation;	49456

(39) Sales of personal computers, computer monitors,	49457
computer keyboards, modems, and other peripheral computer	49458
equipment to an individual who is licensed or certified to teach	49459
in an elementary or a secondary school in this state for use by	49460
that individual in preparation for teaching elementary or	49461
secondary school students;	49462

(40) Sales to a professional racing team of any of the	49463
following:	49464

(a) Motor racing vehicles;

49465

(b) Repair services for motor racing vehicles;

49466

(c) Items of property that are attached to or incorporated	49467
in motor racing vehicles, including engines, chassis, and all	49468
other components of the vehicles, and all spare, replacement, and	49469
rebuilt parts or components of the vehicles; except not including	49470
tires, consumable fluids, paint, and accessories consisting of	49471
instrumentation sensors and related items added to the vehicle to	49472
collect and transmit data by means of telemetry and other forms of	49473
communication.	49474

(41) Sales of used manufactured homes and used mobile homes,	49475
as defined in section 5739.0210 of the Revised Code, made on or	49476
after January 1, 2000;	49477

(42) Sales of tangible personal property and services to a	49478
provider of electricity used or consumed directly and primarily in	49479
generating, transmitting, or distributing electricity for use by	49480
others, including property that is or is to be incorporated into	49481
and will become a part of the consumer's production, transmission,	49482
or distribution system and that retains its classification as	49483
tangible personal property after incorporation; fuel or power used	49484
in the production, transmission, or distribution of electricity;	49485
and tangible personal property and services used in the repair and	49486
maintenance of the production, transmission, or distribution	49487
system, including only those motor vehicles as are specially	49488
designed and equipped for such use. The exemption provided in	49489
this division shall be in lieu of all other exceptions in division	49490
(E)(2) of section 5739.01 of the Revised Code to which a provider	49491
of electricity may otherwise be entitled based on the use of the	49492
tangible personal property or service purchased in generating,	49493
transmitting, or distributing electricity.	49494

For the purpose of the proper administration of this chapter,	49495
and to prevent the evasion of the tax, it is presumed that all	49496
sales made in this state are subject to the tax until the contrary	49497
is established.	49498

As used in this section, except in division (B)(16) of this	49499
section, "food" includes cereals and cereal products, milk and	49500
milk products including ice cream, meat and meat products, fish	49501
and fish products, eggs and egg products, vegetables and vegetable	49502
products, fruits, fruit products, and pure fruit juices,	49503
condiments, sugar and sugar products, coffee and coffee	49504
substitutes, tea, and cocoa and cocoa products. It does not	49505
include: spirituous or malt liquors; soft drinks; sodas and	49506
beverages that are ordinarily dispensed at bars and soda fountains	49507
or in connection therewith, other than coffee, tea, and cocoa;	49508
root beer and root beer extracts; malt and malt extracts; mineral	49509
oils, cod liver oils, and halibut liver oil; medicines, including	49510
tonics, vitamin preparations, and other products sold primarily	49511
for their medicinal properties; and water, including mineral,	49512
bottled, and carbonated waters, and ice.	49513

(C) The levy of an excise tax on transactions by which	49514
lodging by a hotel is or is to be furnished to transient guests	49515
pursuant to this section and division (B) of section 5739.01 of	49516
the Revised Code does not prevent any of the following:	49517

(1) A municipal corporation or township from levying an	49518
excise tax for any lawful purpose not to exceed three per cent on	49519
transactions by which lodging by a hotel is or is to be furnished	49520
to transient guests in addition to the tax levied by this section.	49521
If a municipal corporation or township repeals a tax imposed under	49522
division (C)(1) of this section and a county in which the	49523
municipal corporation or township has territory has a tax imposed	49524
under division (C) of section 5739.024 of the Revised Code in	49525
effect, the municipal corporation or township may not reimpose its	49526
tax as long as that county tax remains in effect. A municipal	49527
corporation or township in which a tax is levied under division	49528
(B)(2) of section 351.021 of the Revised Code may not increase the	49529
rate of its tax levied under division (C)(1) of this section to	49530
any rate that would cause the total taxes levied under both of	49531
those divisions to exceed three per cent on any lodging	49532
transaction within the municipal corporation or township.	49533

(2) A municipal corporation or a township from levying an	49534
additional excise tax not to exceed three per cent on such	49535
transactions pursuant to division (B) of section 5739.024 of the	49536
Revised Code. Such tax is in addition to any tax imposed under	49537
division (C)(1) of this section.	49538

(3) A county from levying an excise tax pursuant to division	49539
(A) of section 5739.024 of the Revised Code.	49540

(4) A county from levying an excise tax not to exceed three	49541
per cent of such transactions pursuant to division (C) of section	49542
5739.024 of the Revised Code. Such a tax is in addition to any	49543
tax imposed under division (C)(3) of this section.	49544

(5) A convention facilities authority, as defined in	49545
division (A) of section 351.01 of the Revised Code, from levying	49546
the excise taxes provided for in division (B) of section 351.021	49547
of the Revised Code.	49548

(6) A county from levying an excise tax not to exceed one	49549
and one-half per cent of such transactions pursuant to division	49550
(D) of section 5739.024 of the Revised Code. Such tax is in	49551
addition to any tax imposed under division (C)(3) or (4) of this	49552
section.	49553

(7) A county from levying an excise tax not to exceed one	49554
and one-half per cent of such transactions pursuant to division	49555
(E) of section 5739.024 of the Revised Code. Such a tax is in	49556
addition to any tax imposed under division (C)(3), (4), or (6) of	49557
this section.	49558

(D) The levy of this tax on retail sales of recreation and	49559
sports club service shall not prevent a municipal corporation from	49560
levying any tax on recreation and sports club dues or on any	49561
income generated by recreation and sports club dues.	49562

Sec. 5739.024.  (A)(1) A board of county commissioners may,	49563
by resolution adopted by a majority of the members of the board,	49564
levy an excise tax not to exceed three per cent on transactions by	49565
which lodging by a hotel is or is to be furnished to transient	49566
guests. The board shall establish all regulations necessary to	49567
provide for the administration and allocation of the tax. The	49568
regulations may prescribe the time for payment of the tax, and may	49569
provide for the imposition of a penalty or interest, or both, for	49570
late payments, provided that the penalty does not exceed ten per	49571
cent of the amount of tax due, and the rate at which interest	49572
accrues does not exceed the rate per annum prescribed pursuant to	49573
section 5703.47 of the Revised Code. Except as otherwise provided	49574
in divisions (A)(2) and (3) of this section, the regulations shall	49575
provide, after deducting the real and actual costs of	49576
administering the tax, for the return to each municipal	49577
corporation or township that does not levy an excise tax on such	49578
transactions, a uniform percentage of the tax collected in the	49579
municipal corporation or in the unincorporated portion of the	49580
township from each such transaction, not to exceed thirty-three	49581
and one-third per cent. The remainder of the revenue arising from	49582
the tax shall be deposited in a separate fund and shall be spent	49583
solely to make contributions to the convention and visitors'	49584
bureau operating within the county, including a pledge and	49585
contribution of any portion of such remainder pursuant to an	49586
agreement authorized by section 307.695 of the Revised Code.	49587
Except as otherwise provided under in division (A)(2) or (3) of	49588
this section, on and after May 10, 1994, a board of county	49589
commissioners may not levy an excise tax pursuant to this division	49590
in any municipal corporation or township located wholly or partly	49591
within the county that has in effect an ordinance or resolution	49592
levying an excise tax pursuant to division (B) of this section.	49593
The board of a county that has levied a tax under division (C) of	49594
this section may, by resolution adopted within ninety days after	49595
July 15, 1985, by a majority of the members of the board, amend	49596
the resolution levying a tax under this division to provide for a	49597
portion of that tax to be pledged and contributed in accordance	49598
with an agreement entered into under section 307.695 of the	49599
Revised Code. A tax, any revenue from which is pledged pursuant	49600
to such an agreement, shall remain in effect at the rate at which	49601
it is imposed for the duration of the period for which the revenue	49602
therefrom has been so pledged.	49603

(2) A board of county commissioners that levies an excise	49604
tax under division (A)(1) of this section on June 30, 1997, at a	49605
rate of three per cent, and that has pledged revenue from the tax	49606
to an agreement entered into under section 307.695 of the Revised	49607
Code, may amend the resolution levying that tax to provide for an	49608
increase in the rate of the tax up to five per cent on each	49609
transaction; to provide that revenue from the increase in the rate	49610
shall be spent solely to make contributions to the convention and	49611
visitors' bureau operating within the county to be used	49612
specifically for promotion, advertising, and marketing of the	49613
region in which the county is located; to provide that the rate in	49614
excess of the three per cent levied under division (A)(1) of this	49615
section shall remain in effect at the rate at which it is imposed	49616
for the duration of the period during which any agreement is in	49617
effect that was entered into under section 307.695 of the Revised	49618
Code by the board of county commissioners levying a tax under	49619
division (A)(1) of this section; and to provide that no portion of	49620
that revenue need be returned to townships or municipal	49621
corporations as would otherwise be required under division (A)(1)	49622
of this section.	49623

(3) A board of county commissioners that levies a tax under	49624
division (A)(1) of this section on March 18, 1999, at a rate of	49625
three per cent may, by resolution adopted not later than	49626
forty-five days after March 18, 1999, amend the resolution	49627
levying the tax to provide for all of the following:	49628

(a) That the rate of the tax shall be increased by not more	49629
than an additional four per cent on each transaction;	49630

(b) That all of the revenue from the increase in rate shall	49631
be pledged and contributed to a convention facilities authority	49632
established by the board of county commissioners under Chapter	49633
351. of the Revised Code on or before November 15, 1998, and used	49634
to pay costs of constructing, maintaining, operating, and	49635
promoting a facility in the county, including paying bonds, or	49636
notes issued in anticipation of bonds, as provided by that	49637
chapter;	49638

(c) That no portion of the revenue arising from the increase	49639
in rate need be returned to municipal corporations or townships as	49640
otherwise required under division (A)(1) of this section;	49641

(d) That the increase in rate shall not be subject to	49642
diminution by initiative or referendum or by law while any bonds,	49643
or notes in anticipation of bonds, issued by the authority under	49644
Chapter 351. of the Revised Code to which the revenue is pledged	49645
remain outstanding in accordance with their terms, unless	49646
provision is made by law or by the board of county commissioners	49647
for an adequate substitute therefor that is satisfactory to the	49648
trustee if a trust agreement secures the bonds.	49649

Division (A)(3) of this section does not apply to the board	49650
of county commissioners of any county in which a convention center	49651
or facility exists or is being constructed on November 15, 1998,	49652
or of any county in which a convention facilities authority levies	49653
a tax pursuant to section 351.021 of the Revised Code on that	49654
date.	49655

As used in division (A)(3) of this section, "costs" and	49656
"facility" have the same meanings as in section 351.01 of the	49657
Revised Code, and "convention center" has the same meaning as in	49658
section 307.695 of the Revised Code.	49659

(B) The legislative authority of a municipal corporation or	49660
the board of trustees of a township that is not wholly or partly	49661
located in a county that has in effect a resolution levying an	49662
excise tax pursuant to division (A)(1) of this section may by	49663
ordinance or resolution levy an excise tax not to exceed three per	49664
cent on transactions by which lodging by a hotel is or is to be	49665
furnished to transient guests. The legislative authority of the	49666
municipal corporation or township shall deposit at least fifty per	49667
cent of the revenue from the tax levied pursuant to this division	49668
into a separate fund, which shall be spent solely to make	49669
contributions to convention and visitors' bureaus operating within	49670
the county in which the municipal corporation or township is	49671
wholly or partly located, and the balance of such revenue shall be	49672
deposited in the general fund. The municipal corporation or	49673
township shall establish all regulations necessary to provide for	49674
the administration and allocation of the tax. The regulations may	49675
prescribe the time for payment of the tax, and may provide for the	49676
imposition of a penalty or interest, or both, for late payments,	49677
provided that the penalty does not exceed ten per cent of the	49678
amount of tax due, and the rate at which interest accrues does not	49679
exceed the rate per annum prescribed pursuant to section 5703.47	49680
of the Revised Code. The levy of a tax under this division is in	49681
addition to any tax imposed on the same transaction by a municipal	49682
corporation or a township as authorized by division (C)(1) of	49683
section 5739.02 of the Revised Code.	49684

(C) For the purpose of making the payments authorized by	49685
section 307.695 of the Revised Code to construct and equip a	49686
convention center in the county and to cover the costs of	49687
administering the tax, a board of county commissioners of a county	49688
where a tax imposed under division (A)(1) of this section is in	49689
effect may, by resolution adopted within ninety days after July	49690
15, 1985, by a majority of the members of the board, levy an	49691
additional excise tax not to exceed three per cent on transactions	49692
by which lodging by a hotel is or is to be furnished to transient	49693
guests. The tax authorized by this division shall be in addition	49694
to any tax that is levied pursuant to division (A) of this	49695
section, but it shall not apply to transactions subject to a tax	49696
levied by a municipal corporation or township pursuant to the	49697
authorization granted by division (C)(1) of section 5739.02 of the	49698
Revised Code. The board shall establish all regulations necessary	49699
to provide for the administration and allocation of the tax. The	49700
regulations may prescribe the time for payment of the tax, and may	49701
provide for the imposition of a penalty or interest, or both, for	49702
late payments, provided that the penalty does not exceed ten per	49703
cent of the amount of tax due, and the rate at which interest	49704
accrues does not exceed the rate per annum prescribed pursuant to	49705
section 5703.47 of the Revised Code. All revenues arising from	49706
the tax shall be expended in accordance with section 307.695 of	49707
the Revised Code. A tax imposed under this section shall remain	49708
in effect at the rate at which it is imposed for the duration of	49709
the period for which the revenue therefrom has been pledged	49710
pursuant to such section.	49711

(D) For the purpose of providing contributions under	49712
division (B)(1) of section 307.671 of the Revised Code to enable	49713
the acquisition, construction, and equipping of a port authority	49714
educational and cultural facility in the county and, to the extent	49715
provided for in the cooperative agreement authorized by that	49716
section, for the purpose of paying debt service charges on bonds,	49717
or notes in anticipation thereof, described in division (B)(1)(b)	49718
of that section, a board of county commissioners, by resolution	49719
adopted within ninety days after December 22, 1992, by a majority	49720
of the members of the board, may levy an additional excise tax not	49721
to exceed one and one-half per cent on transactions by which	49722
lodging by a hotel is or is to be furnished to transient guests.	49723
The excise tax authorized by this division shall be in addition to	49724
any tax that is levied pursuant to divisions (A), (B), and (C) of	49725
this section, to any excise tax levied pursuant to division (C) of	49726
section 5739.02 of the Revised Code, and to any excise tax levied	49727
pursuant to section 351.021 of the Revised Code. The board of	49728
county commissioners shall establish all regulations necessary to	49729
provide for the administration and allocation of the tax that are	49730
not inconsistent with this section or section 307.671 of the	49731
Revised Code. The regulations may prescribe the time for payment	49732
of the tax, and may provide for the imposition of a penalty or	49733
interest, or both, for late payments, provided that the penalty	49734
does not exceed ten per cent of the amount of tax due, and the	49735
rate at which interest accrues does not exceed the rate per annum	49736
prescribed pursuant to section 5703.47 of the Revised Code. All	49737
revenues arising from the tax shall be expended in accordance with	49738
section 307.671 of the Revised Code and division (D) of this	49739
section. The levy of a tax imposed under this section may not	49740
commence prior to the first day of the month next following the	49741
execution of the cooperative agreement authorized by section	49742
307.671 of the Revised Code by all parties to that agreement. Such	49743
tax shall remain in effect at the rate at which it is imposed for	49744
the period of time described in division (C) of section 307.671 of	49745
the Revised Code for which the revenue from the tax has been	49746
pledged by the county to the corporation pursuant to such section,	49747
but, to any extent provided for in the cooperative agreement, for	49748
no lesser period than the period of time required for payment of	49749
the debt service charges on bonds, or notes in anticipation	49750
thereof, described in division (B)(1)(b) of that section.	49751

(E) For the purpose of paying the costs of acquiring,	49752
constructing, equipping, and improving a municipal educational and	49753
cultural facility, including debt service charges on bonds	49754
provided for in division (B) of section 307.672 of the Revised	49755
Code, and for such additional purposes as are determined by the	49756
county in the resolution levying the tax or amendments thereto,	49757
including subsequent amendments providing for paying costs of	49758
acquiring, constructing, renovating, rehabilitating, equipping,	49759
and improving a port authority educational and cultural performing	49760
arts facility, as defined in section 307.674 of the Revised Code,	49761
including debt service charges on bonds provided for in division	49762
(B) of section 307.674 of the Revised Code, the legislative	49763
authority of a county, by resolution adopted within ninety days	49764
after June 30, 1993, by a majority of the members of the	49765
legislative authority, may levy an additional excise tax not to	49766
exceed one and one-half per cent on transactions by which lodging	49767
by a hotel is or is to be furnished to transient guests. The	49768
excise tax authorized by this division shall be in addition to any	49769
tax that is levied pursuant to divisions (A), (B), (C), and (D) of	49770
this section, to any excise tax levied pursuant to division (C) of	49771
section 5739.02 of the Revised Code, and to any excise tax levied	49772
pursuant to section 351.021 of the Revised Code. The legislative	49773
authority of the county shall establish all regulations necessary	49774
to provide for the administration and allocation of the tax. The	49775
regulations may prescribe the time for payment of the tax, and may	49776
provide for the imposition of a penalty or interest, or both, for	49777
late payments, provided that the penalty does not exceed ten per	49778
cent of the amount of tax due, and the rate at which interest	49779
accrues does not exceed the rate per annum prescribed pursuant to	49780
section 5703.47 of the Revised Code. All revenues arising from the	49781
tax shall be expended in accordance with section 307.672 of the	49782
Revised Code and division (E) of this section. The levy of a tax	49783
imposed under this division shall not commence prior to the first	49784
day of the month next following the execution of the cooperative	49785
agreement authorized by section 307.672 of the Revised Code by all	49786
parties to that agreement. Such tax shall remain in effect at the	49787
rate at which it is imposed for the period of time determined by	49788
the legislative authority of the county, but not to exceed fifteen	49789
years.	49790

(F) The legislative authority of a county that has levied a	49791
tax under division (E) of this section may, by resolution adopted	49792
within one hundred eighty days after the effective date of this	49793
amendment January 4, 2001, by a majority of the members of the	49794
legislative authority, amend the resolution levying a tax under	49795
division (E) of this section to provide for the use of the	49796
proceeds of that tax, to the extent that it is no longer needed	49797
for its original purpose as determined by the parties to a	49798
cooperative agreement amendment pursuant to division (D) of	49799
section 307.672 of the Revised Code, to pay costs of acquiring,	49800
constructing, renovating, rehabilitating, equipping, and improving	49801
a port authority educational and cultural performing arts	49802
facility, including debt service charges on bonds provided for in	49803
division (B) of section 307.674 of the Revised Code, and to pay	49804
all obligations under any guaranty agreements, reimbursement	49805
agreements, or other credit enhancement agreements described in	49806
division (C) of section 307.674 of the Revised Code. The	49807
resolution may also provide for the extension of the tax at the	49808
same rate for the longer of the period of time determined by the	49809
legislative authority of the county, but not to exceed an	49810
additional twenty-five years, or the period of time required to	49811
pay all debt service charges on bonds provided for in division (B)	49812
of section 307.672 of the Revised Code and on port authority	49813
revenue bonds provided for in division (B) of section 307.674 of	49814
the Revised Code. All revenues arising from the amendment and	49815
extension of the tax shall be expended in accordance with section	49816
307.674 of the Revised Code and divisions (E) and (F) of this	49817
section.	49818

(G) For purposes of a tax levied by a county, township, or	49819
municipal corporation under this section or division (C) of	49820
section 5739.02 of the Revised Code, a board of county	49821
commissioners, board of township trustees, or the legislative	49822
authority of a municipal corporation may adopt a resolution or	49823
ordinance at any time specifying that "hotel," as otherwise	49824
defined in section 5739.01 of the Revised Code, includes	49825
establishments in which fewer than five rooms are used for the	49826
accommodation of guests. The resolution or ordinance may apply to	49827
a tax imposed pursuant to this section prior to the adoption of	49828
the resolution or ordinance if the resolution or ordinance so	49829
states, but the tax shall not apply to transactions by which	49830
lodging by such an establishment is provided to transient guests	49831
prior to the adoption of the resolution or ordinance.	49832

Sec. 5739.032.  (A) If the total amount of tax required to	49833
be paid by a permit holder under section 5739.031 of the Revised	49834
Code for any calendar year indicated in the following schedule	49835
equals or exceeds the amounts prescribed for that year in the	49836
schedule, the permit holder shall remit each monthly tax payment	49837
in the second ensuing and each succeeding year by electronic funds	49838
transfer as prescribed by division (B) of this section.	49839

If a permit holder's tax payment for each of two consecutive	49842
years beginning with 2000 is less than sixty thousand dollars, the	49843
permit holder is relieved of the requirement to remit taxes by	49844
electronic funds transfer for the year that next follows the	49845
second of the consecutive years in which the tax payment is less	49846
than sixty thousand dollars, and is relieved of that requirement	49847
for each succeeding year unless the tax payment in a subsequent	49848
year equals or exceeds sixty thousand dollars.	49849

The tax commissioner shall notify each permit holder required	49850
to remit taxes by electronic funds transfer of the permit holder's	49851
obligation to do so, shall maintain an updated list of those	49852
permit holders, and shall timely certify the list and any	49853
additions thereto or deletions therefrom to the treasurer of	49854
state. Failure by the tax commissioner to notify a permit holder	49855
subject to this section to remit taxes by electronic funds	49856
transfer does not relieve the permit holder of its obligation to	49857
remit taxes by electronic funds transfer.	49858

(B) Permit holders required by division (A) of this section	49859
to remit payments by electronic funds transfer shall remit such	49860
payments to the treasurer of state in the manner prescribed by	49861
rules adopted by the treasurer under section 113.061 of the	49862
Revised Code and on or before the dates specified under section	49863
5739.031 of the Revised Code. The payment of taxes by electronic	49864
funds transfer does not affect a permit holder's obligation to	49865
file the monthly return as required under section 5739.031 of the	49866
Revised Code.	49867

A permit holder required by this section to remit taxes by	49868
electronic funds transfer may apply to the treasurer of state in	49869
the manner prescribed by the treasurer to be excused from that	49870
requirement. The treasurer of state may excuse the permit holder	49871
from remittance by electronic funds transfer for good cause shown	49872
for the period of time requested by the permit holder or for a	49873
portion of that period. The treasurer shall notify the tax	49874
commissioner and the permit holder of the treasurer's decision as	49875
soon as is practicable.	49876

(C) If a permit holder required by this section to remit	49877
taxes by electronic funds transfer remits those taxes by some	49878
means other than by electronic funds transfer as prescribed by	49879
this section and the rules adopted by the treasurer of state, and	49880
the treasurer tax commissioner determines that such failure was	49881
not due to reasonable cause or was due to willful neglect, the	49882
treasurer shall notify the tax commissioner of the failure to	49883
remit by electronic funds transfer and shall provide the	49884
commissioner with any information used in making that	49885
determination. The tax commissioner may collect an additional	49886
charge by assessment in the manner prescribed by section 5739.13	49887
of the Revised Code. The additional charge shall equal five per	49888
cent of the amount of the taxes required to be paid by electronic	49889
funds transfer, but shall not exceed five thousand dollars. Any	49890
additional charge assessed under this section is in addition to	49891
any other penalty or charge imposed under this chapter, and shall	49892
be considered as revenue arising from taxes imposed under this	49893
chapter. The tax commissioner may remit all or a portion of such	49894
a charge and may adopt rules governing such remission.	49895

No additional charge shall be assessed under this division	49896
against a permit holder that has been notified of its obligation	49897
to remit taxes under this section and that remits its first two	49898
tax payments after such notification by some means other than	49899
electronic funds transfer. The additional charge may be assessed	49900
upon the remittance of any subsequent tax payment that the permit	49901
holder remits by some means other than electronic funds transfer.	49902

Sec. 5739.07.  (A) The tax commissioner shall refund to	49903
vendors the amount of taxes paid illegally or erroneously or paid	49904
on any illegal or erroneous assessment if the vendor has not been	49905
reimbursed from the consumer. When the illegal or erroneous	49906
payment or assessment was not paid to a vendor but was paid by the	49907
consumer directly to the treasurer of state or, an agent of the	49908
treasurer of state, the tax commissioner, or an agent of the tax	49909
commissioner, the tax commissioner shall refund to the consumer.	49910
When a refund is granted for payment of an illegal or erroneous	49911
assessment issued by the department, the refund shall include	49912
interest as provided by section 5739.132 of the Revised Code.	49913

(B) The tax commissioner may make a refund to the consumer	49914
of taxes paid illegally or erroneously if the tax has not been	49915
refunded to the vendor and any of the following circumstances	49916
apply:	49917

(1) The consumer is unable to receive a refund from the	49918
vendor because the vendor has ceased business;	49919

(2) The vendor is unable to issue a refund because of	49920
bankruptcy or similar financial condition;	49921

(3) The consumer receives a refund of the full price paid to	49922
the vendor from a manufacturer or other person, other than the	49923
vendor, as a settlement for a complaint by the consumer about the	49924
property or service purchased.	49925

(C) Applications for refund shall be filed with the tax	49926
commissioner, on the form prescribed by the tax commissioner,	49927
within four years from the date of the illegal or erroneous	49928
payment of the tax, unless the vendor or consumer waives the time	49929
limitation under division (A)(3) of section 5739.16 of the Revised	49930
Code. If the time limitation is waived, the four-year refund	49931
limitation shall be extended for the same period of time as the	49932
waiver. On the filing of an application for refund, the	49933
commissioner shall determine the amount of refund due and certify	49934
that amount to the director of budget and management and treasurer	49935
of state for payment from the tax refund fund created by section	49936
5703.052 of the Revised Code.	49937

Sec. 5739.102.  A person who is liable for a tax levied under	49938
section 5739.101 of the Revised Code shall file a return with the	49939
treasurer of state tax commissioner showing his the person's	49940
taxable gross receipts from sales described under division (B)(1)	49941
or (2) of that section. The tax commissioner shall prescribe the	49942
form of the return, and the six- or twelve-month reporting period.	49943
The person shall file the return on or before the last day of the	49944
month following the end of the reporting period prescribed by the	49945
commissioner, and shall include with the return payment of the tax	49946
for the period. The remittance shall be made payable to the	49947
treasurer of state.	49948

Upon receipt of a return, the treasurer of state tax	49949
commissioner shall credit any money included with it to the resort	49950
area excise tax fund, which is hereby created, and shall forward	49951
the return to the tax commissioner. The treasurer of state shall	49952
stamp or otherwise mark on the return the date it was received,	49953
and shall indicate on the return the amount of payment received	49954
with it. Within forty-five days after the end of each month, the	49955
commissioner shall provide for the distribution of all money paid	49956
during that month into the resort area excise tax fund to the	49957
appropriate municipal corporations and townships, after first	49958
subtracting and crediting to the general revenue fund one per cent	49959
to cover the costs of administering the excise tax.	49960

If a person liable for the tax fails to file a return or pay	49961
the tax as required under this section and the rules of the tax	49962
commissioner, he the person shall pay an additional charge of the	49963
greater of fifty dollars or ten per cent of the tax due for the	49964
return period. The additional charge shall be considered revenue	49965
arising from the tax levied under section 5739.101 of the Revised	49966
Code, and may be collected by assessment in the manner provided in	49967
section 5739.13 of the Revised Code. The tax commissioner may	49968
remit all or a portion of the charge.	49969

Sec. 5739.12.  Each person who has or is required to have a	49970
vendor's license, on or before the twenty-third day of each month,	49971
shall make and file a return for the preceding month, on forms	49972
prescribed by the tax commissioner, and shall pay the tax shown on	49973
the return to be due. The return shall show the amount of tax due	49974
from the vendor to the state for the period covered by the return	49975
and such other information as the commissioner deems necessary for	49976
the proper administration of this chapter. The commissioner may	49977
extend the time for making and filing returns and paying the tax,	49978
and may require that the return for the last month of any annual	49979
or semiannual period, as determined by the commissioner, be a	49980
reconciliation return detailing the vendor's sales activity for	49981
the preceding annual or semiannual period. The reconciliation	49982
return shall be filed by the last day of the month following the	49983
last month of the annual or semiannual period. The commissioner	49984
may remit all or any part of amounts or penalties which may become	49985
due under this chapter and may adopt rules relating thereto. Such	49986
return shall be filed by mailing the same it to the treasurer of	49987
state tax commissioner, together with payment of the amount of tax	49988
shown to be due thereon after deduction of any discount provided	49989
for under this section. Remittance shall be made payable to the	49990
treasurer of state. The return shall be considered filed when	49991
received by the treasurer of state tax commissioner, and the	49992
payment shall be considered made when received by the treasurer of	49993
state tax commissioner or when credited to an account designated	49994
by the treasurer of state or the tax commissioner. If the return	49995
is filed and the amount of tax shown thereon to be due is paid on	49996
or before the date such return is required to be filed, the vendor	49997
shall be entitled to a discount of three-fourths of one per cent	49998
of the amount shown to be due on the return. Amounts paid to the	49999
clerk of courts pursuant to section 4505.06 of the Revised Code	50000
shall be subject to the three-fourths of one per cent discount.	50001
The discount shall be in consideration for prompt payment to the	50002
clerk of courts and for other services performed by the vendor in	50003
the collection of the tax.	50004

Upon application to the commissioner, a vendor who is	50005
required to file monthly returns may be relieved of the	50006
requirement to report and pay the actual tax due, provided that	50007
the vendor agrees to remit to the treasurer of state tax	50008
commissioner payment of not less than an amount determined by the	50009
commissioner to be the average monthly tax liability of the	50010
vendor, based upon a review of the returns or other information	50011
pertaining to such vendor for a period of not less than six months	50012
nor more than two years immediately preceding the filing of the	50013
application. Vendors who agree to the above conditions shall make	50014
and file an annual or semiannual reconciliation return, as	50015
prescribed by the commissioner. The reconciliation return shall	50016
be filed by mailing or delivering the same it to the treasurer of	50017
state tax commissioner, together with payment of the amount of tax	50018
shown to be due thereon after deduction of any discount provided	50019
in this section. Remittance shall be made payable to the treasurer	50020
of state. Failure of a vendor to comply with any of the above	50021
conditions may result in immediate reinstatement of the	50022
requirement of reporting and paying the actual tax liability on	50023
each monthly return, and the commissioner may at the	50024
commissioner's discretion deny the vendor the right to report and	50025
pay based upon the average monthly liability for a period not to	50026
exceed two years. The amount determined ascertained by the	50027
commissioner to be the average monthly tax liability of a vendor	50028
may be adjusted, based upon a review of the returns or other	50029
information pertaining to the vendor for a period of not less than	50030
six months nor more than two years preceding such adjustment.	50031

The commissioner may authorize vendors whose tax liability is	50032
not such as to merit monthly returns, as determined ascertained by	50033
the commissioner upon the basis of administrative costs to the	50034
state, to make and file returns at less frequent intervals. When	50035
returns are filed at less frequent intervals in accordance with	50036
such a determination authorization, the vendor shall be allowed	50037
the discount of three-fourths of one per cent in consideration for	50038
prompt payment with the return, provided the return is filed	50039
together with payment of the amount of tax shown to be due	50040
thereon, at the time specified by the commissioner.	50041

The treasurer of state shall stamp or otherwise mark on all	50042
returns the date received by the treasurer of state and shall also	50043
show thereon by stamp or otherwise the amount of payment received	50044
for the period for which the return is filed. Thereafter, the	50045
treasurer of state shall immediately transmit all returns filed	50046
under this section to the commissioner. Any vendor who fails to	50047
file a return or pay the full amount of the tax shown on the	50048
return to be due under this section and the rules of the	50049
commissioner may, for each such return the vendor fails to file or	50050
each such tax the vendor fails to pay in full as shown on the	50051
return within the period prescribed by this section and the rules	50052
of the commissioner, be required to forfeit and pay into the state	50053
treasury an additional charge not exceeding fifty dollars or ten	50054
per cent of the tax required to be paid for the reporting period,	50055
whichever is greater, as revenue arising from the tax imposed by	50056
this chapter, and such sum may be collected by assessment in the	50057
manner provided in section 5739.13 of the Revised Code. The	50058
commissioner may remit all or a portion of the additional charge	50059
and may adopt rules relating to the imposition and remission of	50060
the additional charge.	50061

If the amount required to be collected by a vendor from	50062
consumers is in excess of five per cent of the vendor's receipts	50063
from sales which are taxable under section 5739.02 of the Revised	50064
Code, or in the case of sales subject to a tax levied pursuant to	50065
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in	50066
excess of the percentage equal to the aggregate rate of such taxes	50067
and the tax levied by section 5739.02 of the Revised Code, such	50068
excess shall be remitted along with the remittance of the amount	50069
of tax due under section 5739.10 of the Revised Code.	50070

The commissioner, if the commissioner deems it necessary in	50071
order to insure the payment of the tax imposed by this chapter,	50072
may require returns and payments to be made for other than monthly	50073
periods. The returns shall be signed by the vendor or the	50074
vendor's authorized agent.	50075

Any vendor required to file a return and pay the tax under	50076
this section whose total payment in any year indicated in division	50077
(A) of section 5739.122 of the Revised Code equals or exceeds the	50078
amount shown in that division shall make each payment required by	50079
this section in the second ensuing and each succeeding year by	50080
electronic funds transfer as prescribed by section 5739.122 of the	50081
Revised Code, except as otherwise prescribed by that section.	50082

Sec. 5739.121.  As used in this section, "bad debt" means any	50083
debt that has become worthless or uncollectible in the time period	50084
between a vendor's preceding return and the present return, have	50085
been uncollected for at least six months, and that may be claimed	50086
as a deduction pursuant to the "Internal Revenue Code of 1954,"	50087
68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted	50088
pursuant thereto, or that could be claimed as such a deduction if	50089
the vendor kept accounts on an accrual basis. "Bad debt" does not	50090
include any interest or sales tax on the purchase price,	50091
uncollectible amounts on property that remains in the possession	50092
of the vendor until the full purchase price is paid, expenses	50093
incurred in attempting to collect any account receivable or for	50094
any portion of the debt recovered, any accounts receivable that	50095
have been sold to a third party for collection, and repossessed	50096
property.	50097

In computing taxable receipts for purposes of this chapter, a	50098
vendor may deduct the amount of bad debts, as defined in this	50099
section. The amount deducted must be charged off as uncollectible	50100
on the books of the vendor. A deduction may be claimed only with	50101
respect to bad debts on which the taxes pursuant to sections	50102
5739.10 and 5739.12 of the Revised Code were paid in a preceding	50103
tax period. If the vendor's business consists of taxable and	50104
nontaxable transactions, the deduction shall equal the full amount	50105
of the debt if the debt is documented as a taxable transaction in	50106
the vendor's records. If no such documentation is available, the	50107
maximum deduction on any bad debt shall equal the amount of the	50108
bad debt multiplied by the quotient obtained by dividing the sales	50109
taxed pursuant to this chapter during the preceding calendar year	50110
by all sales during the preceding calendar year, whether taxed or	50111
not. If a consumer or other person pays all or part of a bad debt	50112
with respect to which a vendor claimed a deduction under this	50113
section, the vendor shall be liable for the amount of taxes	50114
deducted in connection with that portion of the debt for which	50115
payment is received and shall remit such taxes in his the vendor's	50116
next payment to the treasurer of state tax commissioner.	50117

Any claim for a bad debt deduction under this section shall	50118
be supported by such evidence as the tax commissioner by rule	50119
requires. The commissioner shall review any change in the rate of	50120
taxation applicable to any taxable sales by a vendor claiming a	50121
deduction pursuant to this section and adopt rules for altering	50122
the deduction in the event of such a change in order to ensure	50123
that the deduction on any bad debt does not result in the vendor	50124
claiming the deduction recovering any more or less than the taxes	50125
imposed on the sale that constitutes the bad debt.	50126

Sec. 5739.13.  (A) If any vendor collects the tax imposed by	50127
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	50128
the Revised Code, and fails to remit the tax to the state as	50129
prescribed, or on the sale of a motor vehicle, watercraft, or	50130
outboard motor required to be titled, fails to remit payment to a	50131
clerk of a court of common pleas as provided in section 1548.06 or	50132
4505.06 of the Revised Code, the vendor shall be personally liable	50133
for any tax collected and not remitted. The tax commissioner may	50134
make an assessment against such vendor based upon any information	50135
in the commissioner's possession.	50136

If any vendor fails to collect the tax or any consumer fails	50137
to pay the tax imposed by or pursuant to section 5739.02,	50138
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	50139
transaction subject to the tax, the vendor or consumer shall be	50140
personally liable for the amount of the tax applicable to the	50141
transaction. The commissioner may make an assessment against	50142
either the vendor or consumer, as the facts may require, based	50143
upon any information in the commissioner's possession.	50144

An assessment against a vendor when the tax imposed by or	50145
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	50146
the Revised Code has not been collected or paid, shall not	50147
discharge the purchaser's or consumer's liability to reimburse the	50148
vendor for the tax applicable to such transaction.	50149

An assessment issued against either, pursuant to this	50150
section, shall not be considered an election of remedies, nor a	50151
bar to an assessment against the other for the tax applicable to	50152
the same transaction, provided that no assessment shall be issued	50153
against any person for the tax due on a particular transaction if	50154
the tax on that transaction actually has been paid by another.	50155

The commissioner may make an assessment against any vendor	50156
who fails to file a return or remit the proper amount of tax	50157
required by this chapter, or against any consumer who fails to pay	50158
the proper amount of tax required by this chapter. When	50159
information in the possession of the commissioner indicates that	50160
the amount required to be collected or paid under this chapter is	50161
greater than the amount remitted by the vendor or paid by the	50162
consumer, the commissioner may audit a sample of the vendor's	50163
sales or the consumer's purchases for a representative period, to	50164
ascertain the per cent of exempt or taxable transactions or the	50165
effective tax rate and may issue an assessment based on the audit.	50166
The commissioner shall make a good faith effort to reach agreement	50167
with the vendor or consumer in selecting a representative sample	50168
period.	50169

The tax commissioner may make an assessment, based on any	50170
information in his possession, against any person who fails to	50171
file a return or remit the proper amount of tax required by	50172
section 5739.102 of the Revised Code.	50173

The tax commissioner may issue an assessment on any	50174
transaction for which any tax imposed under this chapter or	50175
Chapter 5741. of the Revised Code was due and unpaid on the date	50176
the vendor or consumer was informed by an agent of the tax	50177
commissioner of an investigation or audit. If the vendor or	50178
consumer remits any payment of the tax for the period covered by	50179
the assessment after the vendor or consumer was informed of the	50180
investigation or audit, the payment shall be credited against the	50181
amount of the assessment.	50182

The commissioner shall give the party assessed written notice	50183
of the assessment as provided in section 5703.37 of the Revised	50184
Code.	50185

(B) Unless the party to whom the notice of assessment is	50186
directed files with the commissioner within sixty days after	50187
service of the notice of assessment, either personally or by	50188
certified mail, a petition for reassessment in writing, signed by	50189
the party assessed, or by the party's authorized agent having	50190
knowledge of the facts, the assessment shall become final and the	50191
amount of the assessment shall be due and payable from the party	50192
assessed and payable to the treasurer of state and remitted to the	50193
tax commissioner. The petition shall indicate the objections of	50194
the party assessed, but additional objections may be raised in	50195
writing if received prior to the date shown on the final	50196
determination by the commissioner.	50197

Unless the petitioner waives a hearing, the commissioner	50198
shall assign a time and place for the hearing on the petition and	50199
notify the petitioner of the time and place of the hearing by	50200
personal service or certified mail, but the commissioner may	50201
continue the hearing from time to time if necessary.	50202

The commissioner may make such correction to the assessment	50203
as the commissioner finds proper. The commissioner shall serve a	50204
copy of the commissioner's final determination on the petitioner	50205
by personal service or certified mail, and the commissioner's	50206
decision in the matter shall be final, subject to appeal as	50207
provided in section 5717.02 of the Revised Code. Only objections	50208
decided on the merits by the board of tax appeals or a court shall	50209
be given collateral estoppel or res judicata effect in considering	50210
an application for refund of amounts paid pursuant to the	50211
assessment.	50212

(C) After an assessment becomes final, if any portion of the	50213
assessment remains unpaid, including accrued interest, a certified	50214
copy of the commissioner's entry making the assessment final may	50215
be filed in the office of the clerk of the court of common pleas	50216
in the county in which the place of business of the party assessed	50217
is located or the county in which the party assessed resides. If	50218
the party assessed maintains no place of business in this state	50219
and is not a resident of this state, the certified copy of the	50220
entry may be filed in the office of the clerk of the court of	50221
common pleas of Franklin county.	50222

The clerk, immediately upon the filing of such entry, shall	50223
enter a judgment for the state against the party assessed in the	50224
amount shown on the entry. The judgment may be filed by the clerk	50225
in a loose-leaf book entitled "special judgments for state,	50226
county, and transit authority retail sales tax" or, if	50227
appropriate, "special judgments for resort area excise tax," and	50228
shall have the same effect as other judgments. Execution shall	50229
issue upon the judgment upon the request of the tax commissioner,	50230
and all laws applicable to sales on execution shall apply to sales	50231
made under the judgment except as otherwise provided in this	50232
chapter.	50233

The portion of the assessment not paid within sixty days	50234
after the date the assessment was issued shall bear interest at	50235
the rate per annum prescribed by section 5703.47 of the Revised	50236
Code from the day the tax commissioner issues the assessment until	50237
the assessment is paid. Interest shall be paid in the same manner	50238
as the tax and may be collected by issuing an assessment under	50239
this section.	50240

(D) All money collected by the commissioner under this	50241
section shall be paid to the treasurer of state, and when paid	50242
shall be considered as revenue arising from the taxes imposed by	50243
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	50244

Sec. 5739.18.  On the first business day of each week, each	50245
county auditor shall make in triplicate a list showing the names	50246
of all vendors licensed in his the auditor's county during the	50247
preceding week pursuant to sections 5739.01 to 5739.31, inclusive,	50248
of the Revised Code, and such other information as to each,	50249
available from the records in his the auditor's office, as the tax	50250
commissioner prescribes, and shall immediately certify one of such	50251
lists to the commissioner, one to the treasurer of state, and one	50252
to the county treasurer. The commissioner shall keep an	50253
alphabetical index of such licensees so certified to him the	50254
commissioner but he may delete therefrom the names of those	50255
persons whose licenses have been cancelled.	50256

Sec. 5741.10.  The tax commissioner shall refund to sellers	50257
the amount of tax levied pursuant to section 5741.02, 5741.021,	50258
5741.022, or 5741.023 of the Revised Code paid on any illegal or	50259
erroneous payment or assessment, where the seller has reimbursed	50260
the consumer. When such payment or assessment was not paid to a	50261
seller, but was paid by the consumer directly to the treasurer of	50262
state, or the treasurer of state's agent, by the consumer	50263
commissioner, or the commissioner's agent, the treasurer of state	50264
shall make refund to the consumer. When such a refund is granted,	50265
it shall include interest thereon as provided by section 5739.132	50266
of the Revised Code. Applications for refund shall be filed with	50267
the tax commissioner, on the form prescribed by the commissioner,	50268
within four years from the date of the illegal or erroneous	50269
payment of the tax except where the vendor or consumer waives the	50270
time limitation under division (C) of section 5741.16 of the	50271
Revised Code, in which case the four-year refund limitation shall	50272
be extended for the same period of time as the waiver. On filing	50273
such application, the commissioner shall determine the amount of	50274
refund due and shall certify such amount to the director of budget	50275
and management and treasurer of state for payment from the tax	50276
refund fund created by section 5703.052 of the Revised Code.	50277

Sec. 5741.12.  (A) Each seller required by section 5741.17	50278
of the Revised Code to register with the tax commissioner, and any	50279
seller authorized by the commissioner to collect the tax imposed	50280
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	50281
of the Revised Code is subject to the same requirements and	50282
entitled to the same deductions and discount for prompt payments	50283
as are vendors under section 5739.12 of the Revised Code. The	50284
powers and duties of the commissioner and the treasurer of state	50285
with respect to returns and tax remittances under this section	50286
shall be identical with those prescribed in section 5739.12 of the	50287
Revised Code.	50288

(B) Every person storing, using, or consuming tangible	50289
personal property or receiving the benefit of a service, the	50290
storage, use, consumption, or receipt of which is subject to the	50291
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	50292
or 5741.023 of the Revised Code, when such tax was not paid to a	50293
seller, shall, on or before the twenty-third day of each month,	50294
file with the treasurer of state tax commissioner a return for the	50295
preceding month in such form as is prescribed by the commissioner,	50296
showing such information as the commissioner deems necessary, and	50297
shall pay the tax shown on the return to be due. Remittance shall	50298
be made payable to the treasurer of state. The commissioner may	50299
require consumers to file returns and pay the tax at other than	50300
monthly intervals, if he the commissioner determines that such	50301
filing is necessary for the efficient administration of the tax.	50302
If the commissioner determines that a consumer's tax liability is	50303
not such as to merit monthly filing, the commissioner may	50304
authorize the consumer to file returns and pay tax at less	50305
frequent intervals. The treasurer of state shall show on the	50306
return the date it was filed and the amount of the payment	50307
remitted to the treasurer. Thereafter, the treasurer immediately	50308
shall transmit all returns filed under this section to the tax	50309
commissioner.	50310

Any consumer required to file a return and pay the tax under	50311
this section whose payment for any year indicated in section	50312
5741.121 of the Revised Code equals or exceeds the amount shown in	50313
that section shall make each payment required by this section in	50314
the second ensuing and each succeeding year by means of electronic	50315
funds transfer as prescribed by section 5741.121 of the Revised	50316
Code, except as otherwise prescribed by that section.	50317

(C) Every person storing, using, or consuming a motor	50318
vehicle, watercraft, or outboard motor, the ownership of which	50319
must be evidenced by certificate of title, shall file the return	50320
required by this section and pay the tax due at or prior to the	50321
time of filing an application for certificate of title.	50322

Sec. 5743.62.  (A) To provide revenue for the general	50323
revenue fund of the state, an excise tax is hereby levied on the	50324
seller of tobacco products in this state at the rate of seventeen	50325
per cent of the wholesale price of the tobacco product whenever	50326
the tobacco product is delivered to a consumer in this state for	50327
the storage, use, or other consumption of such tobacco products.	50328
The tax imposed by this section applies only to sellers having	50329
nexus in this state, as defined in section 5741.01 of the Revised	50330
Code.	50331

(B) A seller of tobacco products who has nexus in this state	50332
as defined in section 5741.01 of the Revised Code shall register	50333
with the tax commissioner and supply any information concerning	50334
his the seller's contacts with this state as may be required by	50335
the tax commissioner. A seller who does not have nexus in this	50336
state may voluntarily register with the tax commissioner. A	50337
seller who voluntarily registers with the tax commissioner is	50338
entitled to the same benefits and is subject to the same duties	50339
and requirements as a seller required to be registered with the	50340
tax commissioner under this division.	50341

(C) Each seller of tobacco products subject to the tax	50342
levied by this section, on or before the last day of each month,	50343
shall file with the treasurer of state tax commissioner a return	50344
for the preceding month showing any information the tax	50345
commissioner finds necessary for the proper administration of	50346
sections 5743.51 to 5743.66 of the Revised Code, together with	50347
remittance of the tax due. The, payable to the treasurer of state	50348
shall stamp or otherwise mark on the return the date it was	50349
received and the amount of payment received with the return.	50350
Thereafter, the treasurer of state shall immediately transmit all	50351
returns filed under this section to the commissioner. The return	50352
and payment of the tax required by this section shall be filed in	50353
such a manner that it is received by the treasurer of state tax	50354
commissioner on or before the last day of the month following the	50355
reporting period. If the return is filed and the amount of the	50356
tax shown on the return to be due is paid on or before the date	50357
the return is required to be filed, the seller is entitled to a	50358
discount equal to two and five-tenths per cent of the amount shown	50359
on the return to be due.	50360

(D) The tax commissioner shall immediately forward to the	50361
treasurer of state all money received into the state treasury from	50362
the tax levied by this section, and the treasurer shall be	50363
credited credit the amount to the general revenue fund.	50364

(E) Each seller of tobacco products subject to the tax	50365
levied by this section shall mark on the invoices of tobacco	50366
products sold that the tax levied by that section has been paid	50367
and shall indicate the seller's account number as assigned by the	50368
tax commissioner.	50369

Sec. 5743.63.  (A) To provide revenue for the general	50370
revenue fund of the state, an excise tax is hereby levied on the	50371
storage, use, or other consumption of tobacco products at the rate	50372
of seventeen per cent of the wholesale price of the tobacco	50373
product, provided the tax has not been paid by the seller as	50374
provided in section 5743.62 of the Revised Code, or by the	50375
distributor as provided in section 5743.51 of the Revised Code.	50376

(B) Each person subject to the tax levied by this section,	50377
on or before the last day of each month, shall file with the	50378
treasurer of state tax commissioner a return for the preceding	50379
month showing any information the tax commissioner finds necessary	50380
for the proper administration of sections 5743.51 to 5743.66 of	50381
the Revised Code, together with remittance of the tax due. The,	50382
payable to the treasurer of state shall stamp or otherwise mark on	50383
the return the date it was received and the amount of payment	50384
received with the return. Thereafter, the treasurer of state shall	50385
immediately transmit all returns filed under this section to the	50386
commissioner. The return and payment of the tax required by this	50387
section shall be filed in such a manner that it is received by the	50388
treasurer of state tax commissioner on or before the last day of	50389
the month following the reporting period.	50390

(C) The tax commissioner shall immediately forward to the	50391
treasurer of state all money received into the state treasury from	50392
the tax levied by this section, and the treasurer shall be	50393
credited credit the amount to the general revenue fund.	50394

Sec. 5745.03.  (A) For each taxable year, each taxpayer	50395
shall file an annual report with the treasurer of state tax	50396
commissioner not later than the fifteenth day of the fourth month	50397
after the end of the taxpayer's taxable year, and shall remit with	50398
that report the amount of tax due as shown on the report less the	50399
amount paid for the year under section 5745.04 of the Revised	50400
Code. The remittance shall be made in the form prescribed by the	50401
treasurer of state, including electronic funds transfer if tax	50402
commissioner. If the amount payable with the report exceeds one	50403
thousand dollars, the taxpayer shall remit the amount by	50404
electronic funds transfer as prescribed by the treasurer of state.	50405
The tax commissioner shall immediately forward to the treasurer of	50406
state all amounts that the tax commissioner receives pursuant to	50407
this chapter. The treasurer of state shall credit ninety-eight	50408
and one-half per cent of such remittances to the municipal income	50409
tax fund, which is hereby created in the state treasury, and	50410
credit the remainder to the municipal income tax administrative	50411
fund, which is hereby created in the state treasury. The treasurer	50412
of state shall indicate on the report the date it was filed and	50413
the amount remitted, and immediately shall transmit the report to	50414
the tax commissioner.	50415

(B) Any taxpayer that has been granted an extension for	50416
filing a federal income tax return may request an extension for	50417
filing the return required under this section by filing with the	50418
tax commissioner a copy of the taxpayer's request for the federal	50419
filing extension. The request shall be filed not later than the	50420
last day for filing the return as required under division (A) of	50421
this section. If such a request is properly and timely filed, the	50422
tax commissioner shall extend the last day for filing the return	50423
required under this section for the same period for which the	50424
federal filing extension was granted. The tax commissioner may	50425
deny the filing extension request only if the taxpayer fails to	50426
timely file the request, fails to file a copy of the federal	50427
extension request, owes past due taxes, interest, or penalty under	50428
this chapter, or has failed to file a required report or other	50429
document for a prior taxable year. The granting of an extension	50430
under this section does not extend the last day for paying taxes	50431
without penalty pursuant to this chapter unless the tax	50432
commissioner extends the payment date.	50433

(C) The annual report shall include statements of the	50434
following facts as of the last day of the taxpayer's taxable year:	50435

(1) The name of the taxpayer;

50436

(2) The name of the state or country under the laws of which	50437
it is incorporated;	50438

(3) The location of its principal office in this state and,	50439
in the case of a taxpayer organized under the laws of another	50440
state, the principal place of business in this state and the name	50441
and address of the officer or agent of the taxpayer in charge of	50442
the business conducted in this state;	50443

(4) The names of the president, secretary, treasurer, and	50444
statutory agent in this state, with the post-office address of	50445
each;	50446

(5) The date on which the taxpayer's taxable year begins and	50447
ends;	50448

(6) The taxpayer's federal taxable income during the	50449
taxpayer's taxable year;	50450

(7) Any other information the tax commissioner requires for	50451
the proper administration of this chapter.	50452

(D) The tax commissioner may require any reports required	50453
under this chapter to be filed in an electronic format.	50454

(E) A municipal corporation may not require a taxpayer	50455
required to file a report under this section to file a report of	50456
the taxpayer's income, but a municipal corporation may require a	50457
taxpayer to report to the municipal corporation the value of the	50458
taxpayer's real and tangible personal property situated in the	50459
municipal corporation, compensation paid by the taxpayer to its	50460
employees in the municipal corporation, and sales made in the	50461
municipal corporation by the taxpayer, to the extent necessary for	50462
the municipal corporation to compute the taxpayer's municipal	50463
property, payroll, and sales factors for the municipal	50464
corporation.	50465

(F) On or before the thirty-first day of January each year,	50466
each municipal corporation imposing a tax on income shall certify	50467
to the tax commissioner the rate of the tax in effect on the first	50468
day of January of that year. If any municipal corporation fails	50469
to certify its income tax rate as required by this division, the	50470
tax commissioner shall notify the director of budget and	50471
management, who, upon receiving such notification, shall withhold	50472
from each payment made to the municipal corporation under section	50473
5745.05 of the Revised Code fifty per cent of the amount of the	50474
payment otherwise due the municipal corporation under that section	50475
as computed on the basis of the tax rate most recently certified	50476
until the municipal corporation certifies the tax rate in effect	50477
on the first day of January of that year.	50478

The tax rate used to determine the tax payable to a municipal	50479
corporation under this section for a taxpayer's taxable year shall	50480
be the tax rate in effect in a municipal corporation on the first	50481
day of January in that taxable year. If a taxpayer's taxable year	50482
is for a period less than twelve months that does not include the	50483
first day of January, the tax rate used to determine the tax	50484
payable to a municipal corporation under this section for the	50485
taxpayer's taxable year shall be the tax rate in effect in a	50486
municipal corporation on the first day of January in the preceding	50487
taxable year.	50488

Sec. 5745.04.  (A) As used in this section, "combined tax	50489
liability" means the total of a taxpayer's income tax liabilities	50490
to all municipal corporations in this state for a taxable year.	50491

(B) Beginning with its taxable year beginning in 2003, each	50492
taxpayer shall file a declaration of estimated tax report with,	50493
and remit estimated taxes to the tax commissioner, payable to the	50494
treasurer of state, at the times and in the amounts prescribed in	50495
divisions (B)(1) to (4) of this section. This division also	50496
applies to a taxpayer having a taxable year consisting of fewer	50497
than twelve months, at least one of which is in 2002, that ends	50498
before January 1, 2003.	50499

(1) Not less than twenty-five per cent of the combined tax	50500
liability for the preceding taxable year or twenty per cent of the	50501
combined tax liability for the current taxable year shall have	50502
been remitted not later than the fifteenth day of the fourth month	50503
after the end of the preceding taxable year.	50504

(2) Not less than fifty per cent of the combined tax	50505
liability for the preceding taxable year or forty per cent of the	50506
combined tax liability for the current taxable year shall have	50507
been remitted not later than the fifteenth day of the sixth month	50508
after the end of the preceding taxable year.	50509

(3) Not less than seventy-five per cent of the combined tax	50510
liability for the preceding taxable year or sixty per cent of the	50511
combined tax liability for the current taxable year shall have	50512
been remitted not later than the fifteenth day of the ninth month	50513
after the end of the preceding taxable year.	50514

(4) Not less than one hundred per cent of the combined tax	50515
liability for the preceding taxable year or eighty per cent of the	50516
combined tax liability for the current taxable year shall have	50517
been remitted not later than the fifteenth day of the twelfth	50518
month after the end of the preceding taxable year.	50519

(C) Each taxpayer shall report on the declaration of	50520
estimated tax report the portion of the remittance that the	50521
taxpayer estimates that it owes to each municipal corporation for	50522
the taxable year.	50523

(D) Upon receiving a declaration of estimated tax report and	50524
remittance of estimated taxes under this section, the tax	50525
commissioner shall immediately forward to the treasurer of state	50526
such remittance. The treasurer of state shall credit ninety-eight	50527
and one-half per cent of the remittance to the municipal income	50528
tax fund and credit the remainder to the municipal income tax	50529
administrative fund, and shall transmit the report to the tax	50530
commissioner.	50531

(E) If any remittance of estimated taxes is for one thousand	50532
dollars or more, the taxpayer shall make the remittance by	50533
electronic funds transfer as prescribed by section 5745.04 of the	50534
Revised Code.	50535

(F) Notwithstanding section 5745.08 or 5745.09 of the	50536
Revised Code, no penalty or interest shall be imposed on a	50537
taxpayer if the declaration of estimated tax report is properly	50538
filed, and the estimated tax is remitted paid, within the time	50539
prescribed by division (B) of this section.	50540

Sec. 5747.122.  (A) The tax commissioner, in accordance with	50541
section 5101.184 of the Revised Code, shall cooperate with the	50542
director of job and family services to collect overpayments of	50543
assistance under Chapter 5107., 5111., or 5115., former Chapter	50544
5113., or sections section 5101.54 to 5101.543 of the Revised Code	50545
from refunds of state income taxes for taxable year 1992 and	50546
thereafter that are payable to the recipients of such	50547
overpayments.	50548

(B) At the request of the department of job and family	50549
services in connection with the collection of an overpayment of	50550
assistance from a refund of state income taxes pursuant to this	50551
section and section 5101.184 of the Revised Code, the tax	50552
commissioner shall release to the department the home address and	50553
social security number of any recipient of assistance whose	50554
overpayment may be collected from a refund of state income taxes	50555
under those sections.	50556

(C) In the case of a joint income tax return for two people	50557
who were not married to each other at the time one of them	50558
received an overpayment of assistance, only the portion of a	50559
refund that is due to the recipient of the overpayment shall be	50560
available for collection of the overpayment under this section and	50561
section 5101.184 of the Revised Code. The tax commissioner shall	50562
determine such portion. A recipient's spouse who objects to the	50563
portion as determined by the commissioner may file a complaint	50564
with the commissioner within twenty-one days after receiving	50565
notice of the collection, and the commissioner shall afford the	50566
spouse an opportunity to be heard on the complaint. The	50567
commissioner shall waive or extend the twenty-one-day period if	50568
the recipient's spouse establishes that such action is necessary	50569
to avoid unjust, unfair, or unreasonable results. After the	50570
hearing, the commissioner shall make a final determination of the	50571
portion of the refund available for collection of the overpayment.	50572

(D) The welfare overpayment intercept fund is hereby created	50573
in the state treasury. The tax commissioner shall deposit amounts	50574
collected from income tax refunds under this section to the credit	50575
of the welfare overpayment intercept fund. The director of job and	50576
family services shall distribute money in the fund in accordance	50577
with appropriate federal or state laws and procedures regarding	50578
collection of welfare overpayments.	50579

Sec. 5747.221.  For (A) As used in this section, "investment	50580
pass-through entity" has the same meaning as in section 5733.401	50581
of the Revised Code.	50582

(B) Except as provided in division (C) of this section, for	50583
the purposes of sections 5747.20, 5747.21, and 5747.22 of the	50584
Revised Code, no item of income or deduction shall be allocated or	50585
apportioned to this state to the extent that such item represents	50586
or relates to the portion of an adjusted qualifying amount for	50587
which the withholding tax is not imposed under section 5747.41 of	50588
the Revised Code by reason of division (C) of section 5733.401 of	50589
the Revised Code. This section shall be applied without regard to	50590
division (I) of section 5733.40 of the Revised Code.	50591

(C) If a taxpayer has a direct or indirect investment in an	50592
investment pass-through entity that has a direct or indirect	50593
investment in any other pass-through entity, division (B) of this	50594
section does not apply to any item of income, gain, deduction, or	50595
loss where, under section 5747.231 of the Revised Code, the item	50596
is directly or indirectly attributable to either of the following:	50597

(1) A distributive share of income or gain from a	50598
pass-through entity that does not qualify as an investment	50599
pass-through entity;	50600

(2) A pass-through entity's income or gain to which	50601
division (C) of section 5733.401 of the Revised Code does not	50602
apply.	50603

An indirect investment includes any interest that a person	50604
constructively owns on account of the attribution rules set forth	50605
in section 267, 318, or 1563 of the Internal Revenue Code.	50606

Sec. 5747.39.  As used in this section, "eligible employee"	50607
and "eligible training costs" have the same meanings as in section	50608
5733.42 of the Revised Code, and "pass-through entity" includes a	50609
sole proprietorship.	50610

For taxable years beginning after December 31, 2000 in 2003,	50611
2004, and 2005, there is hereby allowed a nonrefundable credit	50612
against the tax imposed by section 5747.02 of the Revised Code for	50613
a taxpayer that is an investor in a pass-through entity for which	50614
a tax credit certificate is issued under section 5733.42 of the	50615
Revised Code. The For the taxable year beginning in 2003, the	50616
amount of eligible training costs for which a credit may be	50617
claimed by all taxpayers that are investors in an entity shall	50618
equal one-half of the average of the eligible training costs	50619
incurred by the entity during the three calendar years that end in	50620
the taxable year for which the credit is claimed 1999, 2000, and	50621
2001, but shall not exceed one thousand dollars for each eligible	50622
employee on account of whom such costs were paid or incurred by	50623
the entity, and the total amount of credits that may be claimed by	50624
all such taxpayers shall not exceed one hundred thousand dollars	50625
each year. Each taxpayer's credit shall be claimed for the	50626
taxpayer's taxable year that includes the last day of the third	50627
calendar year of the three-year period during which eligible	50628
training costs are paid or incurred by the entity. The credit may	50629
be claimed for eligible training costs paid or incurred on or	50630
before December 31, 2003. The	50631

The amount of a taxpayer's credit for the taxpayer's taxable	50632
year beginning in 2003 shall equal the taxpayer's interest in the	50633
entity on December 31, 2001, multiplied by the credit available to	50634
the entity as computed by the entity.	50635

For the taxable year beginning in 2004, the amount of the	50636
eligible training costs for which a credit may be claimed by all	50637
taxpayers that are investors in an entity shall equal one-half of	50638
the average of the eligible training costs incurred by the entity	50639
during calendar years 2002, 2003, and 2004, but shall not exceed	50640
one thousand dollars for each eligible employee on account of whom	50641
such costs were paid or incurred by the entity, and the total	50642
amount of credits that may be claimed by all such taxpayers shall	50643
not exceed one hundred thousand dollars. The amount of a	50644
taxpayer's credit for the taxpayer's taxable year beginning in	50645
2004 shall equal the taxpayer's interest in the entity on December	50646
31, 2004, multiplied by the credit available to the entity as	50647
computed by the entity.	50648

For the taxable year beginning in 2005, the amount of the	50649
eligible training costs for which a credit may be claimed by all	50650
taxpayers that are investors in an entity shall equal one-half of	50651
the average of the eligible training costs incurred by the entity	50652
during calendar years 2003, 2004, and 2005, but shall not exceed	50653
one thousand dollars for each eligible employee on account of whom	50654
such costs were paid or incurred by the entity, and the total	50655
amount of credits that may be claimed by all such taxpayers shall	50656
not exceed one hundred thousand dollars. The amount of a	50657
taxpayer's credit for the taxpayer's taxable year beginning in	50658
2005 shall equal the taxpayer's interest in the entity on the last	50659
day of the third calendar year of the three-year period ending in	50660
or with the last day of the taxpayer's taxable year December 31,	50661
2005, multiplied by the credit available to the entity as computed	50662
by the entity.	50663

The credit shall be claimed in the order prescribed by	50664
section 5747.98 of the Revised Code. A taxpayer may carry forward	50665
the credit to the extent that the taxpayer's credit exceeds the	50666
taxpayer's tax due after allowing for any other credits that	50667
precede the credit allowed by this section in the order prescribed	50668
by section 5747.98 of the Revised Code. The taxpayer may carry	50669
the excess credit forward for three taxable years following the	50670
taxable year for which the taxpayer first claims the credit under	50671
this section.	50672

A pass-through entity shall apply to the director of job and	50673
family services for a tax credit certificate in the manner	50674
prescribed by division (C) of section 5733.42 of the Revised Code.	50675
Divisions (C) to (H) of that section govern the tax credit allowed	50676
by this section, except that "taxable year" shall be substituted	50677
for "tax year" wherever that phrase appears in those divisions,	50678
and that "pass-through entity" shall be substituted for "taxpayer"	50679
wherever "taxpayer" appears in those divisions.	50680

Sec. 5749.06.  Each severer liable for the tax imposed by	50681
section 5749.02 of the Revised Code shall make and file returns	50682
with the tax commissioner in the prescribed form and as of the	50683
prescribed times, computing and reflecting therein the tax as	50684
required by this chapter.	50685

The returns shall be filed for every quarterly period, which	50686
periods shall end on the thirty-first of March, the thirtieth day	50687
of June, the thirtieth day of September, and the thirty-first day	50688
of December of each year, as required by this section, unless a	50689
different return period is prescribed for a taxpayer by the tax	50690
commissioner.	50691

A separate return shall be filed for each calendar quarterly	50692
period, or other period, or any part thereof, during which the	50693
severer holds a license as provided by section 5749.04 of the	50694
Revised Code, or is required to hold such license, and such return	50695
shall be filed within forty-five days after the last day of each	50696
such calendar month, or other period, or any part thereof, for	50697
which such return is required and shall include remittance payable	50698
to the treasurer of state of the amount of tax due. All such	50699
returns shall contain such information as the commissioner may	50700
require to fairly administer the tax.	50701

All returns shall be signed by the severer, shall contain the	50702
full and complete information requested, and shall be made under	50703
penalty of perjury.	50704

If the commissioner believes that quarterly payments of tax	50705
would result in a delay which might jeopardize the collection of	50706
such tax payments, the commissioner may order that such payments	50707
be made weekly, or more frequently if necessary, such payments to	50708
be made not later than seven days following the close of the	50709
period for which the jeopardy payment is required. Such an order	50710
shall be delivered to the taxpayer personally or by certified mail	50711
and shall remain in effect until the commissioner notifies the	50712
taxpayer to the contrary.	50713

Upon good cause the commissioner may extend the period for	50714
filing any notice or return required to be filed under this	50715
section, and may remit all or a part of penalties that may become	50716
due under this chapter.	50717

Any tax not paid by the day the tax is due shall bear	50718
interest computed at the rate per annum prescribed by section	50719
5703.47 of the Revised Code on that amount of tax due from the day	50720
that such amount was originally required to be paid to the day of	50721
actual payment or to the day an assessment was issued under	50722
section 5749.07 or 5749.10 of the Revised Code, whichever occurs	50723
first.	50724

The severer shall make all payments payable to the treasurer	50725
of state. All amounts that the tax commissioner receives under	50726
this section shall be deemed to be revenue from taxes imposed	50727
under this chapter. The tax commissioner shall immediately forward	50728
to the treasurer of state all amounts received under this section.	50729

Sec. 6101.25.  The board of directors of a conservancy	50730
district may construct, improve, operate, maintain, and protect	50731
parks, parkways, forest preserves, bathing beaches, playgrounds,	50732
and other recreational facilities upon the lands owned or	50733
controlled by the district, or upon lands located within the	50734
district owned or controlled by the United States government or	50735
any department of it, by this state or any department or division	50736
of it, or by any political subdivision, if authorized by lease,	50737
contract, or other arrangements with the appropriate agency of	50738
government having ownership or control. The board may acquire by	50739
lease, purchase, or appropriation property additional to that	50740
required for the purposes for which the district was incorporated,	50741
in order to provide for the protection, more adequate development,	50742
and fuller public use and enjoyment of the improvements and	50743
facilities. The board may impose and collect charges for the use	50744
of the properties, improvements, and facilities maintained or	50745
operated by the district for recreational purposes. Moneys	50746
collected from these charges may be used to promote the district's	50747
recreational facilities.	50748

In case the revenues derived or to be derived from the	50749
properties, improvements, and facilities maintained, operated,	50750
used, or acquired by the district for recreational purposes are	50751
not sufficient for the purposes of this section, the board, with	50752
the approval of the court, may provide for the payment of	50753
obligations incurred under this section by the levy of special	50754
assessments upon all the taxable property of the district and upon	50755
public corporations having lands within the district.	50756

In no case shall the obligations incurred under this section	50757
be paid from the proceeds of special assessments levied under	50758
section 6101.48 or 6101.53 of the Revised Code, or of bonds or	50759
notes issued in anticipation of them. After special assessments	50760
against the taxable property and public corporations are approved	50761
by the court, the board of appraisers of the conservancy district	50762
shall appraise the benefits to be conferred on each parcel of	50763
taxable property and public corporation by reason of the	50764
acquisition and construction of the properties and improvements	50765
authorized by the board of directors under this section, and shall	50766
appraise the damages accruing to persons and public corporations	50767
from the improvements. The provisions of this chapter that refer	50768
to the determination of benefits and damages apply to the	50769
appraisals made under this section, but they shall be separate	50770
from other appraisals of benefits and damages made under this	50771
chapter, and separate records of them shall be prepared. After the	50772
appraisal of benefits has been approved by the court, and within	50773
the amount of benefits so determined, the board of directors may	50774
levy assessments on the taxable property and public corporations	50775
benefited to pay the cost of the properties and improvements	50776
acquired and constructed under this section, and may issue bonds	50777
and notes in anticipation of the collection of these assessments.	50778
In addition, the board of directors may annually levy a	50779
maintenance assessment for the purposes of this section on the	50780
taxable property and public corporations upon the basis of total	50781
appraised benefits. The provisions of this chapter that relate to	50782
assessments for district purposes and to bonds and notes issued in	50783
anticipation of the assessments apply to the assessments	50784
authorized under this section and the bonds and notes issued in	50785
anticipation of the assessments. Improvement, bond retirement,	50786
and maintenance funds shall be established for recreational	50787
purposes in conformity with section 6101.44 of the Revised Code,	50788
which shall be separate from one another and from other funds of	50789
the district, and no transfers shall be made to them from the	50790
other funds of the district. The proceeds of all bonds, notes,	50791
and assessments authorized by this section and all receipts	50792
derived from the recreational properties, improvements, and	50793
facilities owned, controlled, operated, or maintained by the	50794
district shall be paid into those funds, and all expenditures in	50795
accordance with this section shall be made from them.	50796

Sec. 6109.13.  No official, officer, or employee in charge of	50797
or being employed in the maintenance and operation of a public	50798
water system and no other person, or firm, or corporation shall	50799
establish or permit to be established any connection whereby water	50800
from a private, auxiliary, or emergency water system may enter the	50801
public water system, unless such the private, auxiliary, or	50802
emergency water system, and the method of connection and use of	50803
such the system, has have been approved by the environmental	50804
protection agency. However, a backflow prevention device shall not	50805
be required when a physical separation exists between the public	50806
water system and the private, auxiliary, or emergency water	50807
system.	50808

As used in this section:

50809

(A) "Backflow prevention device" means any device, method,	50810
or type of construction that is intended to prevent backflow into	50811
a potable water sytem.	50812

(B) "Physical separation" means that there is no direct or	50813
indirect connection between a public water system and a private,	50814
auxiliary, or emergency water system.	50815

Sec. 6109.21.  (A) Except as provided in divisions (D) and	50816
(E) of this section, on and after January 1, 1994, no person shall	50817
operate or maintain a public water system in this state without a	50818
license issued by the director of environmental protection. A	50819
person who operates or maintains a public water system on January	50820
1, 1994, shall obtain an initial license under this section in	50821
accordance with the following schedule:	50822

(1) If the public water system is a community water system,	50823
not later than January 31, 1994;	50824

(2) If the public water system is not a community water	50825
system and serves a nontransient population, not later than	50826
January 31, 1994;	50827

(3) If the public water system is not a community water	50828
system and serves a transient population, not later than January	50829
31, 1995.	50830

A person proposing to operate or maintain a new public water	50831
system after January 1, 1994, in addition to complying with	50832
section 6109.07 of the Revised Code and rules adopted under it,	50833
shall submit an application for an initial license under this	50834
section to the director prior to commencing operation of the	50835
system.	50836

A license or license renewal issued under this section shall	50837
be renewed annually. Such a license or license renewal shall	50838
expire on the thirtieth day of January in the year following its	50839
issuance. A license holder that proposes to continue operating	50840
the public water system for which the license or license renewal	50841
was issued shall apply for a license renewal at least thirty days	50842
prior to that expiration date.	50843

The director shall adopt, and may amend and rescind, rules in	50844
accordance with Chapter 119. of the Revised Code establishing	50845
procedures governing and information to be included on	50846
applications for licenses and license renewals under this section.	50847
Through June 30, 2002 2004, each application shall be accompanied	50848
by the appropriate fee established under division (M) of section	50849
3745.11 of the Revised Code, provided that an applicant for an	50850
initial license who is proposing to operate or maintain a new	50851
public water system after January 1, 1994, shall submit a fee that	50852
equals a prorated amount of the appropriate fee established under	50853
that division for the remainder of the licensing year.	50854

(B) Not later than thirty days after receiving a completed	50855
application and the appropriate license fee for an initial license	50856
under division (A) of this section, the director shall issue the	50857
license for the public water system. Not later than thirty days	50858
after receiving a completed application and the appropriate	50859
license fee for a license renewal under division (A) of this	50860
section, the director shall do one of the following:	50861

(1) Issue the license renewal for the public water system;

50862

(2) Issue the license renewal subject to terms and	50863
conditions that the director determines are necessary to ensure	50864
compliance with this chapter and rules adopted under it;	50865

(3) Deny the license renewal if the director finds that the	50866
public water system was not operated in substantial compliance	50867
with this chapter and rules adopted under it.	50868

(C) The director may suspend or revoke a license or license	50869
renewal issued under this section if the director finds that the	50870
public water system was not operated in substantial compliance	50871
with this chapter and rules adopted under it. The director shall	50872
adopt, and may amend and rescind, rules in accordance with Chapter	50873
119. of the Revised Code governing such suspensions and	50874
revocations.	50875

(D)(1) As used in division (D) of this section, "church"	50876
means a fellowship of believers, congregation, society,	50877
corporation, convention, or association that is formed primarily	50878
or exclusively for religious purposes and that is not formed or	50879
operated for the private profit of any person.	50880

(2) This section does not apply to a church that operates or	50881
maintains a public water system solely to provide water for that	50882
church or for a campground that is owned by the church and	50883
operated primarily or exclusively for members of the church and	50884
their families. A church that, on or before March 5, 1996, has	50885
obtained a license under this section for such a public water	50886
system need not obtain a license renewal under this section.	50887

(E) This section does not apply to any public or nonpublic	50888
school that meets minimum standards of the state board of	50889
education that operates or maintains a public water system solely	50890
to provide water for that school.	50891

Sec. 6111.035.  (A) The director of environmental	50892
protection, consistent with the Federal Water Pollution Control	50893
Act and the regulations adopted thereunder, without application	50894
therefor, may issue, modify, revoke, or terminate a general permit	50895
under this chapter for both of the following:	50896

(1) Discharge of stormwater; the discharge of liquids,	50897
sediments, solids, or water-borne mining related waste, such as,	50898
but not limited to, acids, metallic cations, or their salts, from	50899
coal mining and reclamation operations as defined in section	50900
1513.01 of the Revised Code; or treatment works whose discharge	50901
would have de minimis impact on the waters of the state receiving	50902
the discharge;	50903

(2) Installation or modification of disposal systems or any	50904
parts thereof, including disposal systems for stormwater or for	50905
coal mining and reclamation operations as defined in section	50906
1513.01 of the Revised Code.	50907

A general permit shall apply to a class or category of	50908
discharges or disposal systems or to persons conducting similar	50909
activities, within any area of the state, including the entire	50910
state.	50911

A general permit shall not be issued unless the director	50912
determines that the discharges authorized by the permit will have	50913
only minimal cumulative adverse effects on the environment when	50914
the discharges are considered collectively and individually and	50915
if, in the opinion of the director, the discharges, installations,	50916
or modifications authorized by the permit are more appropriately	50917
authorized by a general permit than by an individual permit.	50918

A general permit shall be issued subject to applicable	50919
mandatory provisions and may be issued subject to any applicable	50920
permissive provision of the Federal Water Pollution Control Act	50921
and the regulations adopted thereunder.	50922

The director, at the director's discretion, may require any	50923
person authorized to discharge or to install or modify a disposal	50924
system under a general permit to apply for and obtain an	50925
individual permit for the discharge, installation, or	50926
modification. When a particular discharge, installation, or	50927
modification is subject to an individual permit, a general permit	50928
shall not apply to that discharge, installation, or modification	50929
until the individual permit is revoked, terminated, or modified to	50930
exclude the discharge, installation, or modification.	50931

(B) Notwithstanding any requirement under Chapter 119. of	50932
the Revised Code concerning the manner in which notice of a permit	50933
action is provided, the director shall not be required to provide	50934
certified mail notice to persons subject to the issuance,	50935
modification, revocation, or termination of a general permit under	50936
division (A) of this section.	50937

Notwithstanding section 3745.07 of the Revised Code	50938
concerning the location of newspapers in which notices of permit	50939
actions are published, the director shall cause notice of the	50940
issuance, modification, revocation, or termination of a general	50941
permit to be published in the newspapers of general circulation	50942
determined by the director to provide reasonable notice to persons	50943
affected by the permit action in the geographic area covered by	50944
the general permit within the time periods prescribed by section	50945
3745.07 of the Revised Code. Any notice under this section or	50946
section 3745.07 of the Revised Code concerning the issuance,	50947
modification, revocation, or termination of a general permit shall	50948
include a summary of the permit action and instructions on how to	50949
obtain a copy of the full text of the permit action. The director	50950
may take other appropriate measures, such as press releases and	50951
notice to trade journals, associations, and other persons known to	50952
the director to desire notification, in order to provide notice of	50953
the director's actions concerning the issuance, modification,	50954
revocation, or termination of a general permit; however, the	50955
failure to provide such notice shall not invalidate any general	50956
permit.	50957

(C) Notwithstanding any other provision of the Revised Code,	50958
a person subject to the proposed issuance, modification,	50959
revocation, or termination of a general permit under division (A)	50960
of this section may request an adjudication hearing pursuant to	50961
section 119.07 of the Revised Code concerning the proposed action	50962
within thirty days after publication of the notice of the proposed	50963
action in newspapers of general circulation pursuant to division	50964
(B) of this section. This division shall not be interpreted to	50965
affect the authority of the director to take actions on general	50966
permits in forms other than proposed general permits.	50967

(D) The director may exercise all incidental powers required	50968
to carry out this section, including, without limitation, the	50969
adoption, amendment, and rescission of rules to implement a	50970
general permit program for classes or categories of dischargers or	50971
disposal systems.	50972

(E) On and after the date on which the United States	50973
environmental protection agency approves the NPDES program	50974
submitted by the director of agriculture under section 903.08 of	50975
the Revised Code, this section does not apply to storm water from	50976
an animal feeding facility, as defined in section 903.01 of the	50977
Revised Code, or to manure, as defined in that section.	50978

(F) As used in this section, "Federal Water Pollution	50979
Control Act" means the "Federal Water Pollution Control Act	50980
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by	50981
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251,	50982
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254,	50983
the "Municipal Wastewater Treatment Construction Grant Amendments	50984
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality	50985
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.	50986

Sec. 6111.044.  Upon receipt of an application for an	50987
injection well drilling permit, an injection well operating	50988
permit, a renewal of an injection well operating permit, or a	50989
modification of an injection well drilling permit, operating	50990
permit, or renewal of an operating permit, the director of	50991
environmental protection shall determine whether the application	50992
is complete and demonstrates that the activities for which the	50993
permit, renewal permit, or modification is requested will comply	50994
with the Federal Water Pollution Control Act and regulations	50995
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	50996
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	50997
under it; and this chapter and the rules adopted under it. If the	50998
application demonstrates that the proposed activities will not	50999
comply or will pose an unreasonable risk of inducing seismic	51000
activity, inducing geologic fracturing, or contamination of an	51001
underground source of drinking water, the director shall deny the	51002
application. If the application does not make the required	51003
demonstrations, the director shall return it to the applicant with	51004
an indication of those matters about which a required	51005
demonstration was not made. If the director determines that the	51006
application makes the required demonstrations, the director shall	51007
transmit copies of the application and all of the accompanying	51008
maps, data, samples, and information to the chief of the division	51009
of mineral resources management, the chief of the division of	51010
geological survey, and the chief of the division of water in the	51011
department of natural resources.	51012

The chief of the division of geological survey shall comment	51013
upon the application if the chief determines that the proposed	51014
well or injection will present an unreasonable risk of loss or	51015
damage to valuable mineral resources. If the chief submits	51016
comments on the application, those comments shall be accompanied	51017
by an evaluation of the geological factors upon which the comments	51018
are based, including fractures, faults, earthquake potential, and	51019
the porosity and permeability of the injection zone and confining	51020
zone, and by the documentation supporting the evaluation. The	51021
director shall take into consideration the chief's comments, and	51022
the accompanying evaluation of geologic factors and supporting	51023
documentation, when considering the application. The director	51024
shall provide written notice to the chief of the director's	51025
decision on the application and, if the chief's comments are not	51026
included in the permit, renewal permit, or modification, of the	51027
director's rationale for not including them.	51028

The chief of the division of mineral resources management	51029
shall comment upon the application if the chief determines that	51030
the proposed well or injection will present an unreasonable risk	51031
that waste or contamination of recoverable oil or gas in the earth	51032
will occur. If the chief submits comments on the application,	51033
those comments shall be accompanied by an evaluation of the oil or	51034
gas reserves that, in the best professional judgment of the chief,	51035
are recoverable and will be adversely affected by the proposed	51036
well or injection, and by the documentation supporting the	51037
evaluation. The director shall take into consideration the	51038
chief's comments, and the accompanying evaluation and supporting	51039
documentation, when considering the application. The director	51040
shall provide written notice to the chief of the director's	51041
decision on the application and, if the chief's comments are not	51042
included in the permit, renewal permit, or modification, of the	51043
director's rationale for not including them.	51044

The chief of the division of water shall assist the director	51045
in determining whether all underground sources of drinking water	51046
in the area of review of the proposed well or injection have been	51047
identified and correctly delineated in the application. If the	51048
application fails to identify or correctly delineate an	51049
underground source of drinking water, the chief shall provide	51050
written notice of that fact to the director.	51051

The chief of the division of mineral resources management	51052
also shall review the application as follows:	51053

If the application concerns the drilling or conversion of a	51054
well or the injection into a well that is not or is not to be	51055
located within five thousand feet of the excavation and workings	51056
of a mine, the chief of the division of mineral resources	51057
management shall note upon the application that it has been	51058
examined by the division of mineral resources management, retain a	51059
copy of the application and map, and immediately return a copy of	51060
the application to the director.	51061

If the application concerns the drilling or conversion of a	51062
well or the injection into a well that is or is to be located	51063
within five thousand feet, but more than five hundred feet from	51064
the surface excavations and workings of a mine, the chief of the	51065
division of mineral resources management immediately shall notify	51066
the owner or lessee of the mine that the application has been	51067
filed and send to the owner or lessee a copy of the map	51068
accompanying the application setting forth the location of the	51069
well. The chief of the division of mineral resources management	51070
shall note on the application that the notice has been sent to the	51071
owner or lessee of the mine, retain a copy of the application and	51072
map, and immediately return a copy of the application to the	51073
director with the chief's notation on it.	51074

If the application concerns the drilling or conversion of a	51075
well or the injection into a well that is or is to be located	51076
within five thousand feet of the underground excavations and	51077
workings of a mine or within five hundred feet of the surface	51078
excavations and workings of a mine, the chief of the division of	51079
mineral resources management immediately shall notify the owner or	51080
lessee of the mine that the application has been filed and send to	51081
the owner or lessee a copy of the map accompanying the application	51082
setting forth the location of the well. If the owner or lessee	51083
objects to the application, the owner or lessee shall notify the	51084
chief of the division of mineral resources management of the	51085
objection, giving the reasons, within six days after the receipt	51086
of the notice. If the chief of the division of mineral resources	51087
management receives no objections from the owner or lessee of the	51088
mine within ten days after the receipt of the notice by the owner	51089
or lessee, or if in the opinion of the chief of the division of	51090
mineral resources management the objections offered by the owner	51091
or lessee are not sufficiently well-founded, the chief shall	51092
retain a copy of the application and map and return a copy of the	51093
application to the director with any applicable notes concerning	51094
it.	51095

If the chief of the division of mineral resources management	51096
receives an objection from the owner or lessee of the mine as to	51097
the application, within ten days after receipt of the notice by	51098
the owner or lessee, and if in the opinion of the chief the	51099
objection is well-founded, the chief shall disapprove the	51100
application and immediately return it to the director together	51101
with the chief's reasons for the disapproval. The director	51102
promptly shall notify the applicant for the permit, renewal	51103
permit, or modification of the disapproval. The applicant may	51104
appeal the disapproval of the application by the chief of the	51105
division of mineral resources management to the mine examining	51106
board reclamation commission created under section 1561.10 1513.05	51107
of the Revised Code, and the board commission shall hear the	51108
appeal in accordance with section 1561.53 1513.13 of the Revised	51109
Code. The appeal shall be filed within thirty days from the date	51110
the applicant receives notice of the disapproval. No comments	51111
concerning or disapproval of an application shall be delayed by	51112
the chief of the division of mineral resources management for more	51113
than fifteen days from the date of sending of notice to the mine	51114
owner or lessee as required by this section.	51115

The director shall not approve an application for an	51116
injection well drilling permit, an injection well operating	51117
permit, a renewal of an injection well operating permit, or a	51118
modification of an injection well drilling permit, operating	51119
permit, or renewal of an operating permit for a well that is or is	51120
to be located within three hundred feet of any opening of any mine	51121
used as a means of ingress, egress, or ventilation for persons	51122
employed in the mine, nor within one hundred feet of any building	51123
or flammable structure connected with the mine and actually used	51124
as a part of the operating equipment of the mine, unless the chief	51125
of the division of mineral resources management determines that	51126
life or property will not be endangered by drilling and operating	51127
the well in that location.	51128

Upon review by the chief of the division of mineral resources	51129
management, the chief of the division of geological survey, and	51130
the chief of the division of water, and if the chief of the	51131
division of mineral resources management has not disapproved the	51132
application, the director shall issue a permit, renewal permit, or	51133
modification with any terms and conditions that may be necessary	51134
to comply with the Federal Water Pollution Control Act and	51135
regulations adopted under it; the "Safe Drinking Water Act," 88	51136
Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, and regulations	51137
adopted under it; and this chapter and the rules adopted under it.	51138
The director shall not issue a permit, renewal permit, or	51139
modification to an applicant if the applicant or persons	51140
associated with the applicant have engaged in or are engaging in a	51141
substantial violation of this chapter that is endangering or may	51142
endanger human health or the environment or if, in the case of an	51143
applicant for an injection well drilling permit, the applicant, at	51144
the time of applying for the permit, did not hold an injection	51145
well operating permit or renewal of an injection well drilling	51146
permit and failed to demonstrate sufficient expertise and	51147
competency to operate the well in compliance with the applicable	51148
provisions of this chapter.	51149

If the director receives a disapproval from the chief of the	51150
division of mineral resources management regarding an application	51151
for an injection well drilling or operating permit, renewal	51152
permit, or modification, if required, the director shall issue an	51153
order denying the application.	51154

The director need not issue a proposed action under section	51155
3745.07 of the Revised Code or hold an adjudication hearing under	51156
that section and Chapter 119. of the Revised Code before issuing	51157
or denying a permit, renewal permit, or modification of a permit	51158
or renewal permit. Before issuing or renewing a permit to drill	51159
or operate a class I injection well or a modification of it, the	51160
director shall propose the permit, renewal permit, or modification	51161
in draft form and shall hold a public hearing to receive public	51162
comment on the draft permit, renewal permit, or modification. At	51163
least fifteen days before the public hearing on a draft permit,	51164
renewal permit, or modification, the director shall publish notice	51165
of the date, time, and location of the public hearing in at least	51166
one newspaper of general circulation serving the area where the	51167
well is or is to be located. The proposing of such a draft	51168
permit, renewal permit, or modification does not constitute the	51169
issuance of a proposed action under section 3745.07 of the Revised	51170
Code, and the holding of the public hearing on such a draft	51171
permit, renewal permit, or modification does not constitute the	51172
holding of an adjudication hearing under that section and Chapter	51173
119. of the Revised Code. Appeals of orders other than orders of	51174
the chief of the division of mineral resources management shall be	51175
taken under sections 3745.04 to 3745.08 of the Revised Code.	51176

The director may order that an injection well drilling permit	51177
or an injection well operating permit or renewal permit be	51178
suspended and that activities under it cease after determining	51179
that those activities are occurring in violation of law, rule,	51180
order, or term or condition of the permit. Upon service of a copy	51181
of the order upon the permit holder or the permit holder's	51182
authorized agent or assignee, the permit and activities under it	51183
shall be suspended immediately without prior hearing and shall	51184
remain suspended until the violation is corrected and the order of	51185
suspension is lifted. If a violation is the second within a	51186
one-year period, the director, after a hearing, may revoke the	51187
permit.	51188

The director may order that an injection well drilling permit	51189
or an injection well operating permit or renewal permit be	51190
suspended and that activities under it cease if the director has	51191
reasonable cause to believe that the permit would not have been	51192
issued if the information available at the time of suspension had	51193
been available at the time a determination was made by one of the	51194
agencies acting under authority of this section. Upon service of	51195
a copy of the order upon the permit holder or the permit holder's	51196
authorized agent or assignee, the permit and activities under it	51197
shall be suspended immediately without prior hearing, but a permit	51198
may not be suspended for that reason without prior hearing unless	51199
immediate suspension is necessary to prevent waste or	51200
contamination of oil or gas, comply with the Federal Water	51201
Pollution Control Act and regulations adopted under it; the "Safe	51202
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	51203
amended, and regulations adopted under it; and this chapter and	51204
the rules adopted under it, or prevent damage to valuable mineral	51205
resources, prevent contamination of an underground source of	51206
drinking water, or prevent danger to human life or health. If	51207
after a hearing the director determines that the permit would not	51208
have been issued if the information available at the time of the	51209
hearing had been available at the time a determination was made by	51210
one of the agencies acting under authority of this section, the	51211
director shall revoke the permit.	51212

When a permit has been revoked, the permit holder or other	51213
person responsible for it immediately shall plug the well in the	51214
manner required by the director.	51215

The director may issue orders to prevent or require cessation	51216
of violations of this section, section 6111.043, 6111.045,	51217
6111.046, or 6111.047 of the Revised Code, rules adopted under any	51218
of those sections, and terms or conditions of permits issued under	51219
any of them. The orders may require the elimination of conditions	51220
caused by the violation.	51221

Section 2. That existing sections 9.03, 9.06, 9.821, 9.822,	51222
101.15, 101.27, 101.30, 101.34, 101.37, 101.72, 101.73, 102.02,	51223
102.03, 102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18,	51224
111.23, 111.25, 118.08, 119.12, 120.06, 120.16, 120.26, 120.33,	51225
121.04, 121.371, 121.40, 121.63, 122.011, 122.71, 122.76,	51226
122.92, 124.24, 124.82, 125.22, 126.11, 126.21, 127.16, 131.01,	51227
133.021, 133.06, 133.07, 135.80, 135.81, 135.82, 135.83, 135.84,	51228
135.85, 135.86, 135.87, 140.01, 147.01, 147.02, 147.03, 147.05,	51229
147.06, 147.13, 147.14, 147.37, 147.371, 151.04, 166.03, 169.01,	51230
173.35, 173.40, 173.46, 173.47, 175.03, 175.21, 175.22, 175.24,	51231
179.02, 179.03, 179.04, 181.51, 181.52, 181.54, 181.55, 181.56,	51232
183.09, 183.10, 183.17, 183.28, 183.30, 301.27, 307.86, 313.091,	51233
325.071, 329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01,	51234
503.162, 504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63,	51235
901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402,	51236
1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421,	51237
1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01,	51238
1501.04, 1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071,	51239
1509.08, 1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11,	51240
1517.05, 1517.06, 1517.07, 1521.04, 1531.35, 1533.13, 1547.67,	51241
1561.05, 1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15,	51242
1561.16, 1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22,	51243
1561.23, 1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52,	51244
1563.13, 1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05,	51245
1701.07, 1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04,	51246
1703.041, 1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06,	51247
1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04,	51248
1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433,	51249
1785.06, 1901.26, 1907.24, 2303.20, 2303.201, 2317.02, 2317.022,	51250
2329.66, 2715.041, 2715.045, 2716.13, 2919.271, 2921.13, 2953.21,	51251
3109.14, 3109.17, 3119.022, 3301.075, 3301.70, 3301.80, 3301.85,	51252
3307.05, 3311.057, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07,	51253
3314.08, 3314.09, 3316.20, 3317.012, 3317.013, 3317.014, 3317.02,	51254
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0210,	51255
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,	51256
3317.06, 3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161,	51257
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.08, 3318.084,	51258
3318.10, 3318.31, 3318.36, 3319.19, 3321.01, 3323.09, 3323.091,	51259
3327.10, 3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21,	51260
3333.22, 3345.05, 3345.19, 3353.09, 3383.01, 3383.02, 3383.04,	51261
3383.07, 3505.063, 3517.092, 3701.04, 3701.142, 3701.77, 3701.771,	51262
3701.772, 3702.68, 3704.034, 3721.07, 3721.10, 3721.12, 3721.13,	51263
3721.15, 3721.16, 3721.17, 3721.51, 3721.56, 3722.01, 3722.15,	51264
3722.16, 3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014,	51265
3745.04, 3745.11, 3745.22, 3748.07, 3748.13, 3750.02, 3750.13,	51266
3769.08, 3769.085, 3769.087, 3769.20, 3770.06, 3773.56, 3793.04,	51267
3902.23, 3923.28, 3923.29, 3923.30, 4105.17, 4115.10, 4121.44,	51268
4123.27, 4301.12, 4301.17, 4301.24, 4301.422, 4301.43, 4303.33,	51269
4303.331, 4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08,	51270
4507.23, 4507.24, 4507.50, 4507.52, 4511.81, 4519.03, 4519.10,	51271
4519.56, 4519.69, 4701.10, 4701.16, 4707.01, 4707.011, 4707.02,	51272
4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, 4707.072,	51273
4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, 4707.13,	51274
4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, 4707.23,	51275
4707.99, 4713.10, 4715.03, 4715.13, 4715.14, 4715.16, 4715.21,	51276
4715.24, 4715.27, 4717.02, 4717.07, 4717.08, 4717.09, 4723.08,	51277
4723.32, 4723.79, 4725.44, 4725.48, 4725.49, 4729.65, 4731.14,	51278
4731.53, 4734.20, 4736.12, 4736.14, 4743.05, 4755.01, 4761.05,	51279
4775.01, 4775.02, 4775.08, 4775.99, 4779.01, 4779.02, 4779.16,	51280
4779.19, 4779.20, 4779.26, 4911.17, 4921.18, 4923.11, 5101.071,	51281
5101.14, 5101.141, 5101.145, 5101.184, 5101.19, 5101.36, 5101.50,	51282
5101.521, 5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854,	51283
5103.031, 5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314,	51284
5103.0316, 5103.07, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18,	51285
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,	51286
5111.022, 5111.041, 5111.17, 5111.231, 5111.25, 5111.251,	51287
5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06, 5119.22,	51288
5119.61, 5120.10, 5122.31, 5123.01, 5123.041, 5123.082, 5123.60,	51289
5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 5126.05, 5126.051,	51290
5126.053, 5126.06, 4126.071, 5126.08, 4126.11, 5126.12, 5126.15,	51291
5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.25, 5126.31,	51292
5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 5139.11, 5139.29,	51293
5139.31, 5153.165, 5153.60, 5153.69, 5153.78, 5703.17, 5703.49,	51294
5705.091, 5705.19, 5705.41, 5705.44, 5709.17, 5711.33, 5721.30,	51295
5725.31, 5727.25, 5727.26, 5727.81, 5727.811, 5727.82, 5727.84,	51296
5727.85, 5727.86, 5727.87, 5728.08, 5729.07, 5731.21, 5733.02,	51297
5733.021, 5733.053, 5733.056, 5733.06, 5733.12, 5733.122,	51298
5733.18, 5733.351, 5733.401, 5733.42, 5735.06, 5735.061, 5739.01,	51299
5739.02, 5739.024, 5739.032, 5739.07, 5739.102, 5739.12,	51300
5739.121, 5739.13, 5739.18, 5741.10, 5741.12, 5743.62, 5743.63,	51301
5745.03, 5745.04, 5747.122, 5747.221, 5747.39, 5749.06, 6101.25,	51302
6109.13, 6109.21, 6111.035, and 6111.044 and sections 9.832,	51303
103.31, 103.32, 105.45, 105.46, 121.51, 121.52, 121.53, 131.41,	51304
166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12, 1553.01,	51305
1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08,	51306
1553.09, 1553.10, 1553.99, 1561.10, 1561.53, 1561.54, 1561.55,	51307
2151.652, 3317.0215, 3318.052, 3701.88, 3702.17, 3729.01,	51308
3729.02, 3729.03, 3729.05, 3729.10, 3729.11, 3729.12, 3729.14,	51309
3729.15, 3729.16, 3729.17, 3729.18, 3729.21, 3729.22, 3729.23,	51310
3729.24, 3729.26, 3729.29, 3729.36, 3729.40, 3729.41, 3729.43,	51311
3729.45, 3729.46, 3729.55, 3729.61, 3729.99, 5101.143, 5101.52,	51312
5101.541, 5101.542, 5101.543, 5101.851, 5101.852, 5111.34,	51313
5111.341, 5111.88, 5126.054, 5139.28, and 5741.18 of the Revised	51314
Code are hereby repealed.	51315

Section 3. That the versions of sections 5139.29, 5139.31,	51316
and 5705.19 of the Revised Code that are scheduled to take effect	51317
January 1, 2002, be amended to read as follows:	51318

Sec. 5139.29.  The department of youth services shall adopt	51319
and promulgate regulations prescribing the method of calculating	51320
the amount of and the time and manner for the payment of financial	51321
assistance granted under sections 5139.27, and 5139.271, and	51322
5139.28 of the Revised Code, for the construction or acquisition	51323
of a district detention facility established under section 2152.41	51324
of the Revised Code, or for the construction and maintenance of a	51325
school, forestry camp, or other facility established under section	51326
2151.65 of the Revised Code.	51327

Sec. 5139.31.  The department of youth services may inspect	51328
any school, forestry camp, district detention facility, or other	51329
facility for which an application for financial assistance has	51330
been made to the department under section 2152.43, or 2151.651,	51331
or 2151.652 of the Revised Code or for which financial assistance	51332
has been granted by the department under section 5139.27,	51333
5139.271, 5139.28, or 5139.281 of the Revised Code. The	51334
inspection may include, but need not be limited to, examination	51335
and evaluation of the physical condition of the school, forestry	51336
camp, district detention facility, or other facility, including	51337
any equipment used in connection with it; observation and	51338
evaluation of the training and treatment of children admitted to	51339
it; examination and analysis and copying of any papers, records,	51340
or other documents relating to the qualifications of personnel,	51341
the commitment of children to it, and its administration.	51342

Sec. 5705.19.  This section does not apply to school	51343
districts or county school financing districts.	51344

The taxing authority of any subdivision at any time and in	51345
any year, by vote of two-thirds of all the members of the taxing	51346
authority, may declare by resolution and certify the resolution to	51347
the board of elections not less than seventy-five days before the	51348
election upon which it will be voted that the amount of taxes that	51349
may be raised within the ten-mill limitation will be insufficient	51350
to provide for the necessary requirements of the subdivision and	51351
that it is necessary to levy a tax in excess of that limitation	51352
for any of the following purposes:	51353

(A) For current expenses of the subdivision, except that the	51354
total levy for current expenses of a detention facility district	51355
or district organized under section 2151.65 of the Revised Code	51356
shall not exceed two mills and that the total levy for current	51357
expenses of a combined district organized under sections 2152.41	51358
and 2151.65 of the Revised Code shall not exceed four mills;	51359

(B) For the payment of debt charges on certain described	51360
bonds, notes, or certificates of indebtedness of the subdivision	51361
issued subsequent to January 1, 1925;	51362

(C) For the debt charges on all bonds, notes, and	51363
certificates of indebtedness issued and authorized to be issued	51364
prior to January 1, 1925;	51365

(D) For a public library of, or supported by, the	51366
subdivision under whatever law organized or authorized to be	51367
supported;	51368

(E) For a municipal university, not to exceed two mills over	51369
the limitation of one mill prescribed in section 3349.13 of the	51370
Revised Code;	51371

(F) For the construction or acquisition of any specific	51372
permanent improvement or class of improvements that the taxing	51373
authority of the subdivision may include in a single bond issue;	51374

(G) For the general construction, reconstruction,	51375
resurfacing, and repair of streets, roads, and bridges in	51376
municipal corporations, counties, or townships;	51377

(H) For recreational purposes;

51378

(I) For the purpose of providing and maintaining fire	51379
apparatus, appliances, buildings, or sites therefor, or sources of	51380
water supply and materials therefor, or the establishment and	51381
maintenance of lines of fire alarm telegraph, or the payment of	51382
permanent, part-time, or volunteer firefighters or firefighting	51383
companies to operate the same, including the payment of the	51384
firefighter employers' contribution required under section 742.34	51385
of the Revised Code, or the purchase of ambulance equipment, or	51386
the provision of ambulance, paramedic, or other emergency medical	51387
services operated by a fire department or firefighting company;	51388

(J) For the purpose of providing and maintaining motor	51389
vehicles, communications, and other equipment used directly in the	51390
operation of a police department, or the payment of salaries of	51391
permanent police personnel, including the payment of the police	51392
officer employers' contribution required under section 742.33 of	51393
the Revised Code, or the payment of the costs incurred by	51394
townships as a result of contracts made with other political	51395
subdivisions in order to obtain police protection, or the	51396
provision of ambulance or emergency medical services operated by a	51397
police department;	51398

(K) For the maintenance and operation of a county home or	51399
detention facility;	51400

(L) For community mental retardation and developmental	51401
disabilities programs and services pursuant to Chapter 5126. of	51402
the Revised Code, except that the procedure for such levies shall	51403
be as provided in section 5705.222 of the Revised Code;	51404

(M) For regional planning;

51405

(N) For a county's share of the cost of maintaining and	51406
operating schools, district detention facilities, forestry camps,	51407
or other facilities, or any combination thereof, established under	51408
section 2152.41 or 2151.65 of the Revised Code or both of those	51409
sections;	51410

(O) For providing for flood defense, providing and	51411
maintaining a flood wall or pumps, and other purposes to prevent	51412
floods;	51413

(P) For maintaining and operating sewage disposal plants and	51414
facilities;	51415

(Q) For the purpose of purchasing, acquiring, constructing,	51416
enlarging, improving, equipping, repairing, maintaining, or	51417
operating, or any combination of the foregoing, a county transit	51418
system pursuant to sections 306.01 to 306.13 of the Revised Code,	51419
or of making any payment to a board of county commissioners	51420
operating a transit system or a county transit board pursuant to	51421
section 306.06 of the Revised Code;	51422

(R) For the subdivision's share of the cost of acquiring or	51423
constructing any schools, forestry camps, detention facilities,	51424
or other facilities, or any combination thereof, under section	51425
2152.41 or 2151.65 of the Revised Code or both of those sections;	51426

(S) For the prevention, control, and abatement of air	51427
pollution;	51428

(T) For maintaining and operating cemeteries;

51429

(U) For providing ambulance service, emergency medical	51430
service, or both;	51431

(V) For providing for the collection and disposal of garbage	51432
or refuse, including yard waste;	51433

(W) For the payment of the police officer employers'	51434
contribution or the firefighter employers' contribution required	51435
under sections 742.33 and 742.34 of the Revised Code;	51436

(X) For the construction and maintenance of a drainage	51437
improvement pursuant to section 6131.52 of the Revised Code;	51438

(Y) For providing or maintaining senior citizens services or	51439
facilities as authorized by section 307.694, 307.85, 505.70, or	51440
505.706 or division (EE) of section 717.01 of the Revised Code;	51441

(Z) For the provision and maintenance of zoological park	51442
services and facilities as authorized under section 307.76 of the	51443
Revised Code;	51444

(AA) For the maintenance and operation of a free public	51445
museum of art, science, or history;	51446

(BB) For the establishment and operation of a 9-1-1 system,	51447
as defined in section 4931.40 of the Revised Code;	51448

(CC) For the purpose of acquiring, rehabilitating, or	51449
developing rail property or rail service. As used in this	51450
division, "rail property" and "rail service" have the same	51451
meanings as in section 4981.01 of the Revised Code. This division	51452
applies only to a county, township, or municipal corporation.	51453

(DD) For the purpose of acquiring property for,	51454
constructing, operating, and maintaining community centers as	51455
provided for in section 755.16 of the Revised Code;	51456

(EE) For the creation and operation of an office or joint	51457
office of economic development, for any economic development	51458
purpose of the office, and to otherwise provide for the	51459
establishment and operation of a program of economic development	51460
pursuant to sections 307.07 and 307.64 of the Revised Code;	51461

(FF) For the purpose of acquiring, establishing,	51462
constructing, improving, equipping, maintaining, or operating, or	51463
any combination of the foregoing, a township airport, landing	51464
field, or other air navigation facility pursuant to section 505.15	51465
of the Revised Code;	51466

(GG) For the payment of costs incurred by a township as a	51467
result of a contract made with a county pursuant to section	51468
505.263 of the Revised Code in order to pay all or any part of the	51469
cost of constructing, maintaining, repairing, or operating a water	51470
supply improvement;	51471

(HH) For a board of township trustees to acquire, other than	51472
by appropriation, an ownership interest in land, water, or	51473
wetlands, or to restore or maintain land, water, or wetlands in	51474
which the board has an ownership interest, not for purposes of	51475
recreation, but for the purposes of protecting and preserving the	51476
natural, scenic, open, or wooded condition of the land, water, or	51477
wetlands against modification or encroachment resulting from	51478
occupation, development, or other use, which may be styled as	51479
protecting or preserving "greenspace" in the resolution, notice of	51480
election, or ballot form;	51481

(II) For the support by a county of a crime victim	51482
assistance program that is provided and maintained by a county	51483
agency or a private, nonprofit corporation or association under	51484
section 307.62 of the Revised Code;	51485

(JJ) For any or all of the purposes set forth in divisions	51486
(I) and (J) of this section. This division applies only to a	51487
township.	51488

(KK) For a countywide public safety communications system	51489
under section 307.63 of the Revised Code. This division applies	51490
only to counties.	51491

(LL) For the support by a county of criminal justice	51492
services under section 307.45 of the Revised Code;	51493

(MM) For the purpose of maintaining and operating a jail or	51494
other detention facility as defined in section 2921.01 of the	51495
Revised Code;	51496

(NN) For purchasing, maintaining, or improving, or any	51497
combination of the foregoing, real estate on which to hold	51498
agricultural fairs. This division applies only to a county.	51499

(OO) For constructing, rehabilitating, repairing, or	51500
maintaining sidewalks, walkways, trails, bicycle pathways, or	51501
similar improvements, or acquiring ownership interests in land	51502
necessary for the foregoing improvements, by a board of township	51503
trustees;	51504

(PP) For both of the purposes set forth in divisions (G) and	51505
(OO) of this section. This division applies only to a township.	51506

(QQ) For both of the purposes set forth in divisions (H) and	51507
(HH) of this section. This division applies only to a township.	51508

(RR) For the legislative authority of a municipal	51509
corporation, board of county commissioners of a county, or board	51510
of township trustees of a township to acquire agricultural	51511
easements, as defined in section 5301.67 of the Revised Code, and	51512
to supervise and enforce the easements.	51513

(SS) For both of the purposes set forth in divisions (BB)	51514
and (KK) of this section. This division applies only to a county.	51515

The resolution shall be confined to the purpose or purposes	51516
described in one division of this section, to which the revenue	51517
derived therefrom shall be applied. The existence in any other	51518
division of this section of authority to levy a tax for any part	51519
or all of the same purpose or purposes does not preclude the use	51520
of such revenues for any part of the purpose or purposes of the	51521
division under which the resolution is adopted.	51522

The resolution shall specify the amount of the increase in	51523
rate that it is necessary to levy, the purpose of that increase in	51524
rate, and the number of years during which the increase in rate	51525
shall be in effect, which may or may not include a levy upon the	51526
duplicate of the current year. The number of years may be any	51527
number not exceeding five, except as follows:	51528

(1) When the additional rate is for the payment of debt	51529
charges, the increased rate shall be for the life of the	51530
indebtedness.	51531

(2) When the additional rate is for any of the following,	51532
the increased rate shall be for a continuing period of time:	51533

(a) For the current expenses for a detention facility	51534
district, a district organized under section 2151.65 of the	51535
Revised Code, or a combined district organized under sections	51536
2152.41 and 2151.65 of the Revised Code;	51537

(b) For providing a county's share of the cost of	51538
maintaining and operating schools, district detention facilities,	51539
forestry camps, or other facilities, or any combination thereof,	51540
established under section 2152.41 or 2151.65 of the Revised Code	51541
or under both of those sections.	51542

(3) When the additional rate is for any of the following,	51543
the increased rate may be for a continuing period of time:	51544

(a) For the purposes set forth in division (I), (J), (U), or	51545
(KK) of this section;	51546

(b) For the maintenance and operation of a joint recreation	51547
district;	51548

(c) A levy imposed by a township for the purposes set forth	51549
in division (G) of this section.	51550

(4) When the increase is for the purpose set forth in	51551
division (D) or (CC) of this section or for both of the purposes	51552
set forth in divisions (G) and (OO) of this section, the tax levy	51553
may be for any specified number of years or for a continuing	51554
period of time, as set forth in the resolution.	51555

(5) When the additional rate is for the purpose described in	51556
division (Z) of this section, the increased rate shall be for any	51557
number of years not exceeding ten.	51558

A levy for the purposes set forth in division (I), (J), or	51559
(U) of this section, and a levy imposed by a township for the	51560
purposes set forth in division (G) of this section, may be reduced	51561
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	51562
levy for the purposes set forth in division (I), (J), or (U) of	51563
this section, and a levy imposed by a township for the purposes	51564
set forth in division (G) of this section, may also be terminated	51565
or permanently reduced by the taxing authority if it adopts a	51566
resolution stating that the continuance of the levy is unnecessary	51567
and the levy shall be terminated or that the millage is excessive	51568
and the levy shall be decreased by a designated amount.	51569

A resolution of a detention facility district, a district	51570
organized under section 2151.65 of the Revised Code, or a combined	51571
district organized under both sections 2152.41 and 2151.65 of the	51572
Revised Code may include both current expenses and other purposes,	51573
provided that the resolution shall apportion the annual rate of	51574
levy between the current expenses and the other purpose or	51575
purposes. The apportionment need not be the same for each year of	51576
the levy, but the respective portions of the rate actually levied	51577
each year for the current expenses and the other purpose or	51578
purposes shall be limited by the apportionment.	51579

Whenever a board of county commissioners, acting either as	51580
the taxing authority of its county or as the taxing authority of a	51581
sewer district or subdistrict created under Chapter 6117. of the	51582
Revised Code, by resolution declares it necessary to levy a tax in	51583
excess of the ten-mill limitation for the purpose of constructing,	51584
improving, or extending sewage disposal plants or sewage systems,	51585
the tax may be in effect for any number of years not exceeding	51586
twenty, and the proceeds of the tax, notwithstanding the general	51587
provisions of this section, may be used to pay debt charges on any	51588
obligations issued and outstanding on behalf of the subdivision	51589
for the purposes enumerated in this paragraph, provided that any	51590
such obligations have been specifically described in the	51591
resolution.	51592

The resolution shall go into immediate effect upon its	51593
passage, and no publication of the resolution is necessary other	51594
than that provided for in the notice of election.	51595

When the electors of a subdivision have approved a tax levy	51596
under this section, the taxing authority of the subdivision may	51597
anticipate a fraction of the proceeds of the levy and issue	51598
anticipation notes in accordance with section 5705.191 or 5705.193	51599
of the Revised Code.	51600

Section 4. That the existing versions of sections 5139.29,	51601
5139.31, and 5705.19 and the version of section 2151.652 of the	51602
Revised Code that are scheduled to take effect January 1, 2002,	51603
are hereby repealed.	51604

Section 5. Sections 3 and 4 of this act shall take effect on	51605
January 1, 2002.	51606

Section 6. That the versions of sections 5139.01 and 5139.11	51607
of the Revised Code that are scheduled to take effect January 1,	51608
2002, be amended to read as follows:	51609

Sec. 5139.01.  (A) As used in this chapter:

51610

(1) "Commitment" means the transfer of the physical custody	51611
of a child or youth from the court to the department of youth	51612
services.	51613

(2) "Permanent commitment" means a commitment that vests	51614
legal custody of a child in the department of youth services.	51615

(3) "Legal custody," insofar as it pertains to the status	51616
that is created when a child is permanently committed to the	51617
department of youth services, means a legal status in which the	51618
department has the following rights and responsibilities: the	51619
right to have physical possession of the child; the right and duty	51620
to train, protect, and control the child; the responsibility to	51621
provide the child with food, clothing, shelter, education, and	51622
medical care; and the right to determine where and with whom the	51623
child shall live, subject to the minimum periods of, or periods	51624
of, institutional care prescribed in sections 2152.13 to 2152.18	51625
of the Revised Code; provided, that these rights and	51626
responsibilities are exercised subject to the powers, rights,	51627
duties, and responsibilities of the guardian of the person of the	51628
child, and subject to any residual parental rights and	51629
responsibilities.	51630

(4) Unless the context requires a different meaning,	51631
"institution" means a state facility that is created by the	51632
general assembly and that is under the management and control of	51633
the department of youth services or a private entity with which	51634
the department has contracted for the institutional care and	51635
custody of felony delinquents.	51636

(5) "Full-time care" means care for twenty-four hours a day	51637
for over a period of at least two consecutive weeks.	51638

(6) "Placement" means the conditional release of a child	51639
under the terms and conditions that are specified by the	51640
department of youth services. The department shall retain legal	51641
custody of a child released pursuant to division (C) of section	51642
2152.22 of the Revised Code or division (C) of section 5139.06 of	51643
the Revised Code until the time that it discharges the child or	51644
until the legal custody is terminated as otherwise provided by	51645
law.	51646

(7) "Home placement" means the placement of a child in the	51647
home of the child's parent or parents or in the home of the	51648
guardian of the child's person.	51649

(8) "Discharge" means that the department of youth services'	51650
legal custody of a child is terminated.	51651

(9) "Release" means the termination of a child's stay in an	51652
institution and the subsequent period during which the child	51653
returns to the community under the terms and conditions of	51654
supervised release.	51655

(10) "Delinquent child" has the same meaning as in section	51656
2152.02 of the Revised Code.	51657

(11) "Felony delinquent" means any child who is at least	51658
twelve years of age but less than eighteen years of age and who is	51659
adjudicated a delinquent child for having committed an act that if	51660
committed by an adult would be a felony. "Felony delinquent"	51661
includes any adult who is between the ages of eighteen and	51662
twenty-one and who is in the legal custody of the department of	51663
youth services for having committed an act that if committed by an	51664
adult would be a felony.	51665

(12) "Juvenile traffic offender" has the same meaning as in	51666
section 2152.02 of the Revised Code.	51667

(13) "Public safety beds" means all of the following:

51668

(a) Felony delinquents who have been committed to the	51669
department of youth services for the commission of an act, other	51670
than a violation of section 2911.01 or 2911.11 of the Revised	51671
Code, that is a category one offense or a category two offense and	51672
who are in the care and custody of an institution or have been	51673
diverted from care and custody in an institution and placed in a	51674
community corrections facility;	51675

(b) Felony delinquents who, while committed to the	51676
department of youth services and in the care and custody of an	51677
institution or a community corrections facility, are adjudicated	51678
delinquent children for having committed in that institution or	51679
community corrections facility an act that if committed by an	51680
adult would be a felony;	51681

(c) Children who satisfy all of the following:

51682

(i) They are at least twelve years of age but less than	51683
eighteen years of age.	51684

(ii) They are adjudicated delinquent children for having	51685
committed acts that if committed by an adult would be a felony.	51686

(iii) They are committed to the department of youth services	51687
by the juvenile court of a county that has had one-tenth of one	51688
per cent or less of the statewide adjudications for felony	51689
delinquents as averaged for the past four fiscal years.	51690

(iv) They are in the care and custody of an institution or a	51691
community corrections facility.	51692

(d) Felony delinquents who, while committed to the	51693
department of youth services and in the care and custody of an	51694
institution, commit in that institution an act that if committed	51695
by an adult would be a felony, who are serving disciplinary time	51696
for having committed that act, and who have been institutionalized	51697
or institutionalized in a secure facility for the minimum period	51698
of time specified in divisions (A)(1)(b) to (e) of section	51699
2152.16 of the Revised Code.	51700

(e) Felony delinquents who are subject to and serving a	51701
three-year period of commitment order imposed by a juvenile court	51702
pursuant to divisions (A) and (B) of section 2152.17 of the	51703
Revised Code for an act, other than a violation of section 2911.11	51704
of the Revised Code, that would be a category one offense or	51705
category two offense if committed by an adult.	51706

(f) Felony delinquents who are described in divisions	51707
(A)(13)(a) to (e) of this section, who have been granted a	51708
judicial release to court supervision under division (B) of	51709
section 2152.22 of the Revised Code or a judicial release to the	51710
department of youth services supervision under division (C) of	51711
that section from the commitment to the department of youth	51712
services for the act described in divisions (A)(13)(a) to (e) of	51713
this section, who have violated the terms and conditions of that	51714
release, and who, pursuant to an order of the court of the county	51715
in which the particular felony delinquent was placed on release	51716
that is issued pursuant to division (D) of section 2152.22 of the	51717
Revised Code, have been returned to the department for	51718
institutionalization or institutionalization in a secure facility.	51719

(g) Felony delinquents who have been committed to the	51720
custody of the department of youth services, who have been granted	51721
supervised release from the commitment pursuant to section 5139.51	51722
of the Revised Code, who have violated the terms and conditions of	51723
that supervised release, and who, pursuant to an order of the	51724
court of the county in which the particular child was placed on	51725
supervised release issued pursuant to division (F) of section	51726
5139.52 of the Revised Code, have had the supervised release	51727
revoked and have been returned to the department for	51728
institutionalization. A felony delinquent described in this	51729
division shall be a public safety bed only for the time during	51730
which the felony delinquent is institutionalized as a result of	51731
the revocation subsequent to the initial thirty-day period of	51732
institutionalization required by division (F) of section 5139.52	51733
of the Revised Code.	51734

(14) "State target youth" means twenty-five per cent of the	51735
projected total number of felony delinquents for each year of a	51736
biennium, factoring in revocations and recommitments.	51737

(15) Unless the context requires a different meaning,	51738
"community corrections facility" means a county or multicounty	51739
rehabilitation center for felony delinquents who have been	51740
committed to the department of youth services and diverted from	51741
care and custody in an institution and placed in the	51742
rehabilitation center pursuant to division (E) of section 5139.36	51743
of the Revised Code.	51744

(16) "Secure facility" means any facility that is designed	51745
and operated to ensure that all of its entrances and exits are	51746
under the exclusive control of its staff and to ensure that,	51747
because of that exclusive control, no child who has been	51748
institutionalized in the facility may leave the facility without	51749
permission or supervision.	51750

(17) "Community residential program" means a program that	51751
satisfies both of the following:	51752

(a) It is housed in a building or other structure that has	51753
no associated major restraining construction, including, but not	51754
limited to, a security fence.	51755

(b) It provides twenty-four-hour care, supervision, and	51756
programs for felony delinquents who are in residence.	51757

(18) "Category one offense" and "category two offense" have	51758
the same meanings as in section 2151.26 of the Revised Code.	51759

(19) "Disciplinary time" means additional time that the	51760
department of youth services requires a felony delinquent to serve	51761
in an institution, that delays the person's or felony delinquent's	51762
planned release, and that the department imposes upon the person	51763
or felony delinquent following the conduct of an internal due	51764
process hearing for having committed any of the following acts	51765
while committed to the department and in the care and custody of	51766
an institution:	51767

(a) An act that if committed by an adult would be a felony;

51768

(b) An act that if committed by an adult would be a	51769
misdemeanor;	51770

(c) An act that is not described in division (A)(19)(a) or	51771
(b) of this section and that violates an institutional rule of	51772
conduct of the department.	51773

(20) "Unruly child" has the same meaning as in section	51774
2151.022 of the Revised Code.	51775

(21) "Revocation" means the act of revoking a child's	51776
supervised release for a violation of a term or condition of the	51777
child's supervised release in accordance with section 5139.52 of	51778
the Revised Code.	51779

(22) "Release authority" means the release authority of the	51780
department of youth services that is established by section	51781
5139.50 of the Revised Code.	51782

(23) "Supervised release" means the event of the release of a	51783
child under this chapter from an institution and the period after	51784
that release during which the child is supervised and assisted by	51785
an employee of the department of youth services under specific	51786
terms and conditions for reintegration of the child into the	51787
community.	51788

(24) "Victim" means the person identified in a police report,	51789
complaint, or information as the victim of an act that would have	51790
been a criminal offense if committed by an adult and that provided	51791
the basis for adjudication proceedings resulting in a child's	51792
commitment to the legal custody of the department of youth	51793
services.	51794

(25) "Victim's representative" means a member of the victim's	51795
family or another person whom the victim or another authorized	51796
person designates in writing, pursuant to section 5139.56 of the	51797
Revised Code, to represent the victim with respect to proceedings	51798
of the release authority of the department of youth services and	51799
with respect to other matters specified in that section.	51800

(26) "Member of the victim's family" means a spouse, child,	51801
stepchild, sibling, parent, stepparent, grandparent, other	51802
relative, or legal guardian of a child but does not include a	51803
person charged with, convicted of, or adjudicated a delinquent	51804
child for committing a criminal or delinquent act against the	51805
victim or another criminal or delinquent act arising out of the	51806
same conduct, criminal or delinquent episode, or plan as the	51807
criminal or delinquent act committed against the victim.	51808

(27) "Judicial release to court supervision" means a release	51809
of a child from institutional care or institutional care in a	51810
secure facility that is granted by a court pursuant to division	51811
(B) of section 2152.22 of the Revised Code during the period	51812
specified in that division.	51813

(28) "Judicial release to department of youth services	51814
supervision" means a release of a child from institutional care or	51815
institutional care in a secure facility that is granted by a court	51816
pursuant to division (C) of section 2152.22 of the Revised Code	51817
during the period specified in that division.	51818

(29) "Juvenile justice system" includes all of the functions	51819
of the juvenile courts, the department of youth services, any	51820
public or private agency whose purposes include the prevention of	51821
delinquency or the diversion, adjudication, detention, or	51822
rehabilitation of delinquent children, and any of the functions of	51823
the criminal justice system that are applicable to children.	51824

(30) "Metropolitan county criminal justice services agency"	51825
means an agency that is established pursuant to division (A) of	51826
section 181.54 of the Revised Code.	51827

(31) "Administrative planning district" means a district that	51828
is established pursuant to division (A) or (B) of section 181.56	51829
of the Revised Code.	51830

(32) "Criminal justice coordinating council" means a criminal	51831
justice services agency that is established pursuant to division	51832
(D) of section 181.56 of the Revised Code.	51833

(33) "Comprehensive plan" means a document that coordinates,	51834
evaluates, and otherwise assists, on an annual or multi-year	51835
basis, all of the functions of the juvenile justice systems of the	51836
state or a specified area of the state, that conforms to the	51837
priorities of the state with respect to juvenile justice systems,	51838
and that conforms with the requirements of all federal criminal	51839
justice acts. These functions include, but are not limited to,	51840
all of the following:	51841

(a) Delinquency;

51842

(b) Identification, detection, apprehension, and detention	51843
of persons charged with delinquent acts;	51844

(c) Assistance to crime victims or witnesses, except that	51845
the comprehensive plan does not include the functions of the	51846
attorney general pursuant to sections 109.91 and 109.92 of the	51847
Revised Code;	51848

(d) Adjudication or diversion of persons charged with	51849
delinquent acts;	51850

(e) Custodial treatment of delinquent children;

51851

(f) Institutional and noninstitutional rehabilitation of	51852
delinquent children.	51853

(B) There is hereby created the department of youth	51854
services. The governor shall appoint the director of the	51855
department with the advice and consent of the senate. The	51856
director shall hold office during the term of the appointing	51857
governor but subject to removal at the pleasure of the governor.	51858
Except as otherwise authorized in section 108.05 of the Revised	51859
Code, the director shall devote the director's entire time to the	51860
duties of the director's office and shall hold no other office or	51861
position of trust or profit during the director's term of office.	51862

The director is the chief executive and administrative	51863
officer of the department and has all the powers of a department	51864
head set forth in Chapter 121. of the Revised Code. The director	51865
may adopt rules for the government of the department, the conduct	51866
of its officers and employees, the performance of its business,	51867
and the custody, use, and preservation of the department's	51868
records, papers, books, documents, and property. The director	51869
shall be an appointing authority within the meaning of Chapter	51870
124. of the Revised Code. Whenever this or any other chapter or	51871
section of the Revised Code imposes a duty on or requires an	51872
action of the department, the duty or action shall be performed by	51873
the director or, upon the director's order, in the name of the	51874
department.	51875

Sec. 5139.11.  The department of youth services shall do all	51876
of the following:	51877

(A) Through a program of education, promotion, and	51878
organization, form groups of local citizens and assist these	51879
groups in conducting activities aimed at the prevention and	51880
control of juvenile delinquency, making use of local people and	51881
resources for the following purposes:	51882

(1) Combatting local conditions known to contribute to	51883
juvenile delinquency;	51884

(2) Developing recreational and other programs for youth	51885
work;	51886

(3) Providing adult sponsors for delinquent children cases;

51887

(4) Dealing with other related problems of the locality.

51888

(B) Advise local, state, and federal officials, public and	51889
private agencies, and lay groups on the needs for and possible	51890
methods of the reduction and prevention of juvenile delinquency	51891
and the treatment of delinquent children;	51892

(C) Consult with the schools and courts of this state on the	51893
development of programs for the reduction and prevention of	51894
delinquency and the treatment of delinquents;	51895

(D) Cooperate with other agencies whose services deal with	51896
the care and treatment of delinquent children to the end that	51897
delinquent children who are state wards may be assisted whenever	51898
possible to a successful adjustment outside of institutional care;	51899

(E) Cooperate with other agencies in surveying, developing,	51900
and utilizing the recreational resources of a community as a means	51901
of combatting the problem of juvenile delinquency and effectuating	51902
rehabilitation;	51903

(F) Hold district and state conferences from time to time in	51904
order to acquaint the public with current problems of juvenile	51905
delinquency and develop a sense of civic responsibility toward the	51906
prevention of juvenile delinquency;	51907

(G) Assemble and distribute information relating to juvenile	51908
delinquency and report on studies relating to community conditions	51909
that affect the problem of juvenile delinquency;	51910

(H) Assist any community within the state by conducting a	51911
comprehensive survey of the community's available public and	51912
private resources, and recommend methods of establishing a	51913
community program for combatting juvenile delinquency and crime,	51914
but no survey of that type shall be conducted unless local	51915
individuals and groups request it through their local authorities,	51916
and no request of that type shall be interpreted as binding the	51917
community to following the recommendations made as a result of the	51918
request;	51919

(I) Evaluate the rehabilitation of children committed to the	51920
department and prepare and submit periodic reports to the	51921
committing court for the following purposes:	51922

(1) Evaluating the effectiveness of institutional treatment;

51923

(2) Making recommendations for judicial release under	51924
section 2152.22 of the Revised Code if appropriate and	51925
recommending conditions for judicial release;	51926

(3) Reviewing the placement of children and recommending	51927
alternative placements where appropriate.	51928

(J) Coordinate dates for hearings to be conducted under	51929
section 2152.22 of the Revised Code and assist in the transfer	51930
and release of children from institutionalization to the custody	51931
of the committing court;	51932

(K)(1) Coordinate and assist juvenile justice systems by	51933
doing the following:	51934

(a) Performing juvenile justice system planning in the state,	51935
including any planning that is required by any federal law;	51936

(b) Collecting, analyzing, and correlating information and	51937
data concerning the juvenile justice system in the state;	51938

(c) Cooperating with and providing technical assistance to	51939
state departments, administrative planning districts, metropolitan	51940
county criminal justice services agencies, criminal justice	51941
coordinating councils, and agencies, offices, and departments of	51942
the juvenile justice system in the state, and other appropriate	51943
organizations and persons;	51944

(d) Encouraging and assisting agencies, offices, and	51945
departments of the juvenile justice system in the state and other	51946
appropriate organizations and persons to solve problems that	51947
relate to the duties of the department;	51948

(e) Administering within the state any juvenile justice acts	51949
and programs that the governor requires the department to	51950
administer;	51951

(f) Implementing the state comprehensive plans;

51952

(g) Auditing grant activities of agencies, offices,	51953
organizations, and persons that are financed in whole or in part	51954
by funds granted through the department;	51955

(h) Monitoring or evaluating the performance of juvenile	51956
justice system projects and programs in the state that are	51957
financed in whole or in part by funds granted through the	51958
department;	51959

(i) Applying for, allocating, disbursing, and accounting for	51960
grants that are made available pursuant to federal juvenile	51961
justice acts, or made available from other federal, state, or	51962
private sources, to improve the criminal and juvenile justice	51963
systems in the state. All money from federal juvenile justice act	51964
grants shall, if the terms under which the money is received	51965
require that the money be deposited into an interest bearing fund	51966
or account, be deposited in the state treasury to the credit of	51967
the federal juvenile justice program purposes fund, which is	51968
hereby created. All investment earnings shall be credited to the	51969
fund.	51970

(j) Contracting with federal, state, and local agencies,	51971
foundations, corporations, businesses, and persons when necessary	51972
to carry out the duties of the department;	51973

(k) Overseeing the activities of metropolitan county	51974
criminal justice services agencies, administrative planning	51975
districts, and juvenile justice coordinating councils in the	51976
state;	51977

(l) Advising the general assembly and governor on	51978
legislation and other significant matters that pertain to the	51979
improvement and reform of the juvenile justice system in the	51980
state;	51981

(m) Preparing and recommending legislation to the general	51982
assembly and governor for the improvement of the juvenile justice	51983
system in the state;	51984

(n) Assisting, advising, and making any reports that are	51985
required by the governor, attorney general, or general assembly;	51986

(o) Adopting rules pursuant to Chapter 119. of the Revised	51987
Code.	51988

(2) Division (K)(1) of this section does not limit the	51989
discretion or authority of the attorney general with respect to	51990
crime victim assistance and criminal and juvenile justice	51991
programs.	51992

(3) Nothing in division (K)(1) of this section is intended	51993
to diminish or alter the status of the office of the attorney	51994
general as a criminal justice services agency.	51995

(4) The governor may appoint any advisory committees to	51996
assist the department that the governor considers appropriate or	51997
that are required under any state or federal law.	51998

Section 7. That the existing versions of sections 5139.01 and	51999
5139.11 of the Revised Code that are scheduled to take effect	52000
January 1, 2002, are hereby repealed.	52001

Section 8. Sections 6 and 7 of this act shall take effect on	52002
January 1, 2002.	52003

Section 9.  Except as otherwise provided, all appropriation	52004
items (AI) in this act are appropriated out of any moneys in the	52005
state treasury to the credit of the designated fund that are not	52006
otherwise appropriated. For all appropriations made in this act,	52007
the amounts in the first column are for fiscal year 2002 and the	52008
amounts in the second column are for fiscal year 2003.	52009

Section 10.  ACC ACCOUNTANCY BOARD OF OHIO	52012

General Services Fund Group

52013

Section 11.  PAY ACCRUED LEAVE LIABILITY	52020

Accrued Leave Liability Fund Group

52021

Agency Fund Group

52026

ACCRUED LEAVE LIABILITY FUND

52033

The foregoing appropriation item 995-666, Accrued Leave Fund,	52034
shall be used to make payments from the Accrued Leave Liability	52035
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	52036
If it is determined by the Director of Budget and Management that	52037
additional amounts are necessary, the amounts are appropriated.	52038

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

52039

The foregoing appropriation item 995-667, Disability Fund,	52040
shall be used to make payments from the State Employee Disability	52041
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	52042
Revised Code. If it is determined by the Director of Budget and	52043
Management that additional amounts are necessary, the amounts are	52044
appropriated.	52045

STATE EMPLOYEE HEALTH BENEFIT FUND

52046

The foregoing appropriation item 995-668, State Employee	52047
Health Benefit Fund, shall be used to make payments from the State	52048
Employee Health Benefit Fund (Fund 808), pursuant to section	52049
124.87 of the Revised Code. If it is determined by the Director	52050
of Budget and Management that additional amounts are necessary,	52051
the amounts are appropriated.	52052

DEPENDENT CARE SPENDING ACCOUNT

52053

The foregoing appropriation item 995-669, Dependent Care	52054
Spending Account, shall be used to make payments from the	52055
Dependent Care Spending Account (Fund 809) to employees eligible	52056
for dependent care expenses. If it is determined by the Director	52057
of Budget and Management that additional amounts are necessary,	52058
the amounts are appropriated.	52059

LIFE INSURANCE INVESTMENT FUND

52060

The foregoing appropriation item 995-670, Life Insurance	52061
Investment Fund, shall be used to make payments from the Life	52062
Insurance Investment Fund (Fund 810) for the costs and expenses of	52063
the state's life insurance benefit program pursuant to section	52064
125.212 of the Revised Code. If it is determined by the Director	52065
of Budget and Management that additional amounts are necessary,	52066
the amounts are appropriated.	52067

PARENTAL LEAVE BENEFIT FUND

52068

The foregoing appropriation item 995-671, Parental Leave	52069
Benefit Fund, shall be used to make payments from the Parental	52070
Leave Benefit Fund (Fund 811) to employees eligible for parental	52071
leave benefits pursuant to section 124.137 of the Revised Code. If	52072
it is determined by the Director of Budget and Management that	52073
additional amounts are necessary, the amounts are appropriated.	52074

Section 12.  ADJ ADJUTANT GENERAL

52075

General Revenue Fund

52076

General Services Fund Group

52084

Federal Special Revenue Fund Group

52089

State Special Revenue Fund Group

52096

ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD	52100
TRAINING SITE AGREEMENT	52101

On July 1, 2001, or as soon thereafter as possible, the	52102
Adjutant General shall certify to the Director of Budget and	52103
Management the cash balance in Fund 343, Army National Guard	52104
Training Site Agreement. The Director of Budget and Management	52105
shall transfer the certified amount from Fund 343 to Fund 342,	52106
Army National Guard Service Agreement. Any existing encumbrances	52107
in appropriation item 745-619, Army National Guard Training Site	52108
Agreement (Fund 343), shall be canceled and reestablished against	52109
appropriation item 745-616, Army National Guard Service Agreement	52110
(Fund 342). The amounts of the reestablished encumbrances are	52111
appropriated, and Fund 343 is abolished.	52112

Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

52113

General Revenue Fund

52114

General Services Fund Group

52135

Intragovernmental Service Fund Group

52158

Agency Fund Group

52163

Holding Account Redistribution Fund Group

52167

Section 13.01.  AGENCY AUDIT EXPENSES

52173

Of the foregoing appropriation item 100-405, Agency Audit	52174
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	52175
fiscal year 2003 shall be used to subsidize the operations of the	52176
Central Service Agency. The Department of Administrative Services	52177
shall transfer cash from appropriation item 100-405, Agency Audit	52178
Expenses, to the Central Service Agency Fund (Fund 115) using an	52179
intrastate transfer voucher.	52180

Of the foregoing appropriation item 100-405, Agency Audit	52181
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	52182
year 2003 shall be used for the Department of Administrative	52183
Services' GRF appropriation item-related auditing expenses. The	52184
remainder of the appropriation shall be used for auditing expenses	52185
designated in division (A)(1) of section 117.13 of the Revised	52186
Code for those state agencies audited on a biennial basis.	52187

Section 13.02. OHIO BUILDING AUTHORITY

52188

The foregoing appropriation item 100-447, OBA - Building Rent	52189
Payments, shall be used to meet all payments at the times they are	52190
required to be made during the period from July 1, 2001, to June	52191
30, 2003, by the Department of Administrative Services to the Ohio	52192
Building Authority pursuant to leases and agreements under Chapter	52193
152. of the Revised Code, but limited to the aggregate amount of	52194
$219,999,200. The foregoing appropriation item 100-448, OBA -	52195
Building Operating Payments, shall be used to meet all payments at	52196
the times that they are required to be made during the period from	52197
July 1, 2001, to June 30, 2003, by the Department of	52198
Administrative Services to the Ohio Building Authority pursuant to	52199
leases and agreements under Chapter 152. of the Revised Code, but	52200
limited to the aggregate amount of $52,196,000. These	52201
appropriations are the source of funds pledged for bond service	52202
charges on obligations issued pursuant to Chapter 152. of the	52203
Revised Code.	52204

The payments to the Ohio Building Authority are for the	52205
purpose of paying the expenses of agencies that occupy space in	52206
the various state facilities. The Department of Administrative	52207
Services may enter into leases and agreements with the Ohio	52208
Building Authority providing for the payment of these expenses.	52209
The Ohio Building Authority shall report to the Department of	52210
Administrative Services and the Office of Budget and Management	52211
not later than five months after the start of a fiscal year the	52212
actual expenses incurred by the Ohio Building Authority in	52213
operating the facilities and any balances remaining from payments	52214
and rentals received in the prior fiscal year. The Department of	52215
Administrative Services shall reduce subsequent payments by the	52216
amount of the balance reported to it by the Ohio Building	52217
Authority.	52218

Section 13.03.  DAS - BUILDING OPERATING PAYMENTS

52219

The foregoing appropriation item 100-449, DAS - Building	52220
Operating Payments, shall be used to pay the rent expenses of	52221
veterans organizations pursuant to section 123.024 of the Revised	52222
Code in fiscal years 2002 and 2003.	52223

The foregoing appropriation item, 100-449, DAS - Building	52224
Operating Payments, may be used to provide funding for the cost of	52225
property appraisals that the Department of Administrative Services	52226
may be required to obtain for property that is being sold by the	52227
state or property under consideration to be purchased by the	52228
state.	52229

Of the foregoing appropriation item 100-449, DAS - Building	52230
Operating Payment, $100,000 shall be used in fiscal year 2002 to	52231
fund the renovation of new office space for the State Library and	52232
the Ohioana Library Association.	52233

Notwithstanding section 125.28 of the Revised Code, the	52234
remaining portion of the appropriation may be used to pay the	52235
operating expenses of state facilities maintained by the	52236
Department of Administrative Services that are not billed to	52237
building tenants. These expenses may include, but are not limited	52238
to, the costs for vacant space and space undergoing renovation,	52239
and the rent expenses of tenants that are relocated due to	52240
building renovations. These payments shall be processed by the	52241
Department of Administrative Services through intrastate transfer	52242
vouchers and placed in the Facilities Management Fund (Fund 132).	52243

Section 13.04. MINORITY AFFAIRS

52244

The foregoing appropriation item 100-451, Minority Affairs,	52245
shall be used to establish minority affairs programs within the	52246
Equal Opportunity Division. The office shall provide an access	52247
point and official representation to multi-cultural communities;	52248
research and reports on multi-cultural issues; and educational,	52249
governmental, and other services that foster multi-cultural	52250
opportunities and understanding in the state of Ohio.	52251

Section 13.05.  CENTRAL SERVICE AGENCY FUND

52252

In order to complete the migration of the licensing	52253
applications of the professional licensing boards to a local area	52254
network, the Director of Budget and Management may, at the request	52255
of the Director of Administrative Services, cancel related	52256
encumbrances in the Central Service Agency Fund (Fund 115) and	52257
reestablish these encumbrances in fiscal year 2002 for the same	52258
purpose and to the same vendor. The Director of Budget and	52259
Management shall reduce the appropriation balance in fiscal year	52260
2001 by the amount of encumbrances canceled in Fund 115. As	52261
determined by the Director of Budget and Management, the amount	52262
necessary to reestablish such encumbrances or parts of	52263
encumbrances in fiscal year 2002 in the Central Service Agency	52264
Fund (Fund 115) is appropriated.	52265

The Director of Budget and Management may transfer up to	52266
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year	52267
2003 from the Occupational Licensing and Regulatory Fund (Fund	52268
4K9) to the Central Service Agency Fund (Fund 115). The Director	52269
of Budget and Management may transfer up to $34,000 in fiscal year	52270
2002 and up to $30,000 in fiscal year 2003 from the State Medical	52271
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	52272
(Fund 115). The Director of Budget and Management may transfer up	52273
to $18,000 in fiscal year 2002 and up to $16,000 in fiscal year	52274
2003 from the Pharmacy Board Operating Fund (Fund 5N2) to the	52275
Central Service Agency Fund (Fund 115). The appropriation item	52276
100-632, Central Service Agency, shall be used to purchase the	52277
necessary equipment, products, and services to install and	52278
maintain a local area network for the professional licensing	52279
boards, and to support their licensing applications. The amount	52280
of the cash transfer is appropriated to appropriation item	52281
100-632, Central Service Agency.	52282

Section 13.06.  TUITION REIMBURSEMENT

52283

Of the foregoing appropriation item 100-622, Human Resources	52284
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in	52285
fiscal year 2003 shall be set aside for the District 1199 Health	52286
Care Employees Tuition Reimbursement Program, per existing	52287
collective bargaining agreements. Of the foregoing appropriation	52288
item 100-622, Human Resources Division - Operating, $75,000 in	52289
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set	52290
aside for the Ohio Education Association Tuition Reimbursement	52291
Program, per existing collective bargaining agreements. The	52292
Department of Administrative Services, with the approval of the	52293
Director of Budget and Management, shall establish charges for	52294
recovering the costs of administering the District 1199 Health	52295
Care Employees Tuition Reimbursement Program and the Ohio	52296
Education Association Tuition Reimbursement Program. Receipts for	52297
these charges shall be deposited into the Human Resources Services	52298
Fund (Fund 125).	52299

Section 13.07.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

52300

With approval of the Director of Budget and Management, the	52301
Department of Administrative Services may seek reimbursement from	52302
state agencies for the actual costs and expenses the department	52303
incurs in the collective bargaining arbitration process. The	52304
reimbursements shall be processed through intrastate transfer	52305
vouchers and placed in the Collective Bargaining Fund (Fund 128).	52306

Section 13.08. EQUAL OPPORTUNITY PROGRAM

52307

The Department of Administrative Services, with the approval	52308
of the Director of Budget and Management, shall establish charges	52309
for recovering the costs of administering the activities supported	52310
by the Equal Opportunity Programs Fund (Fund 188). These charges	52311
shall be deposited to the credit of the Equal Opportunity Programs	52312
Fund (Fund 188) upon payment made by state agencies,	52313
state-supported or state-assisted institutions of higher	52314
education, and tax-supported agencies, municipal corporations, and	52315
other political subdivisions of the state, for services rendered.	52316

Section 13.09. MERCHANDISE FOR RESALE	52317

The foregoing appropriation item 100-653, General Services	52318
Resale Merchandise, shall be used to account for merchandise for	52319
resale, which is administered by the General Services Division.	52320
Deposits to the fund may comprise the cost of merchandise for	52321
resale and shipping fees.	52322

Section 13.10. GOVERNOR'S RESIDENCE GIFT	52323

The foregoing appropriation item 100-604, Governor's	52324
Residence Gift, shall be used to provide part or all of the	52325
funding related to construction, goods, or services for the	52326
Governor's residence. All receipts for this purpose shall be	52327
deposited into Fund 4H2.	52328

Section 13.11.  DEPARTMENTAL MIS

52329

The foregoing appropriation item 100-603, Departmental MIS	52330
Services, may be used to pay operating expenses of management	52331
information systems activities in the Department of Administrative	52332
Services. The Department of Administrative Services shall	52333
establish charges for recovering the costs of management	52334
information systems activities. These charges shall be deposited	52335
to the credit of the Departmental MIS Fund (Fund 4P3).	52336

Notwithstanding any other language to the contrary, the	52337
Director of Budget and Management may transfer up to $3,000,000 of	52338
fiscal year 2002 appropriations and up to $3,000,000 of fiscal	52339
year 2003 appropriations from appropriation item 100-603,	52340
Departmental MIS Services, to any Department of Administrative	52341
Services non-General Revenue Fund appropriation item. The	52342
appropriations transferred shall be used to make payments for	52343
management information systems services. Notwithstanding any	52344
other language to the contrary, the Director of Budget and	52345
Management may transfer up to $217,313 of fiscal year 2002	52346
appropriations and up to $193,031 of fiscal year 2003	52347
appropriations from appropriation item 100-409, Departmental	52348
Information Services, to any Department of Administrative Services	52349
appropriation item in the General Revenue Fund. The	52350
appropriations transferred shall be used to make payments for	52351
management information systems services.	52352

Section 13.12. INVESTMENT RECOVERY FUND

52353

Notwithstanding division (B) of section 125.14 of the Revised	52354
Code, cash balances in the Investment Recovery Fund may be used to	52355
support the operating expenses of the Federal Surplus Operating	52356
Program created in sections 125.84 to 125.90 of the Revised Code.	52357

Notwithstanding division (B) of section 125.14 of the Revised	52358
Code, cash balances in the Investment Recovery Fund may be used to	52359
support the operating expenses of the State Property Inventory and	52360
Fixed Assets Management System Program.	52361

Of the foregoing appropriation item 100-602, Investment	52362
Recovery, up to $2,045,302 in fiscal year 2002 and up to	52363
$1,959,192 in fiscal year 2003 shall be used to pay the operating	52364
expenses of the State Surplus Property Program, the Surplus	52365
Federal Property Program, and the State Property Inventory and	52366
Fixed Assets Management System Program pursuant to Chapter 125. of	52367
the Revised Code and this section. If additional appropriations	52368
are necessary for the operations of these programs, the Director	52369
of Administrative Services shall seek increased appropriations	52370
from the Controlling Board under section 131.35 of the Revised	52371
Code.	52372

Of the foregoing appropriation item 100-602, Investment	52373
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal	52374
year 2003 shall be used to transfer proceeds from the sale of	52375
surplus property from the Investment Recovery Fund to non-General	52376
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	52377
Revised Code. If it is determined by the Director of	52378
Administrative Services that additional appropriations are	52379
necessary for the transfer of such sale proceeds, the Director of	52380
Administrative Services may request the Director of Budget and	52381
Management to increase the amounts. Such amounts are	52382
appropriated.	52383

Notwithstanding division (B) of section 125.14 of the Revised	52384
Code, the Director of Budget and Management, at the request of the	52385
Director of Administrative Services, shall transfer up to	52386
$2,500,000 of the amounts held for transfer to the General Revenue	52387
Fund from the Investment Recovery Fund (Fund 427) to the General	52388
Services Fund (Fund 117) during the biennium beginning July 1,	52389
2001, and ending June 30, 2003. The cash transferred to the	52390
General Services Fund shall be used to pay the operating expenses	52391
of the Competitive Sealed Proposal Program.	52392

Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

52393

Notwithstanding division (B)(3) of section 4505.09 of the	52394
Revised Code, the Director of Budget and Management, at the	52395
request of the Director of Administrative Services, may transfer	52396
up to $3,429,947 in fiscal year 2002 and $4,475,190 in fiscal year	52397
2003 from the Automated Title Processing System (Fund 849) to the	52398
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The	52399
cash transferred to the Multi-Agency Radio Communications Systems	52400
Fund shall be used for the development of the MARCS system.	52401

Effective with the implementation of the Multi-Agency Radio	52402
Communications System, the Director of Administrative Services	52403
shall collect user fees from participants in the system. The	52404
Director of Administrative Services, with the advice of the	52405
Multi-Agency Radio Communications System Steering Committee and	52406
the Director of Budget and Management, shall determine the amount	52407
of the fees and the manner by which the fees shall be collected.	52408
Such user charges shall comply with the applicable cost principles	52409
issued by the federal Office of Management and Budget. All moneys	52410
from user charges and fees shall be deposited in the state	52411
treasury to the credit of the Multi-Agency Radio Communications	52412
System Administration Fund (Fund 5C2).	52413

Section 13.14. WORKFORCE DEVELOPMENT FUND

52414

There is hereby established in the state treasury the	52415
Workforce Development Fund (Fund 5D7). The foregoing	52416
appropriation item 100-621, Workforce Development, shall be used	52417
to make payments from the fund. The fund shall be under the	52418
supervision of the Department of Administrative Services, which	52419
may adopt rules with regard to administration of the fund. The	52420
fund shall be used to pay the costs of the Workforce Development	52421
Program established by Article 37 of the contract between the	52422
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.	52423
The program shall be administered in accordance with the contract.	52424
Revenues shall accrue to the fund as specified in the contract.	52425
The fund may be used to pay direct and indirect costs of the	52426
program that are attributable to staff, consultants, and service	52427
providers. All income derived from the investment of the fund	52428
shall accrue to the fund.	52429

If it is determined by the Director of Administrative	52430
Services that additional appropriation amounts are necessary, the	52431
Director of Administrative Services may request that the Director	52432
of Budget and Management increase such amounts. Such amounts are	52433
appropriated.	52434

Section 13.15. PROFESSIONAL DEVELOPMENT FUND

52435

The foregoing appropriation item 100-610, Professional	52436
Development, shall be used to make payments from the Professional	52437
Development Fund (Fund 5L7) pursuant to section 124.182 of the	52438
Revised Code.	52439

Section 13.16.  COMPUTER EQUIPMENT PURCHASES

52440

The Director of Administrative Services shall compute the	52441
amount of revenue attributable to the amortization of all	52442
equipment purchases from appropriation item 100-607, Information	52443
Technology Fund; appropriation item 100-617, Major Computer	52444
Purchases; and appropriation item CAP-837, Major Equipment	52445
Purchases, which is recovered by the Department of Administrative	52446
Services as part of the rates charged by the Information	52447
Technology Fund (Fund 133) created in section 125.15 of the	52448
Revised Code. The Director of Budget and Management may transfer	52449
cash in an amount not to exceed the amount of amortization	52450
computed from the Information Technology Fund (Fund 133) to Major	52451
Computer Purchases (Fund 4N6).	52452

Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT

52453

The Director of Administrative Services, with the approval of	52454
the Director of Budget and Management, may establish an	52455
information technology assessment for the purpose of recovering	52456
the cost of selected infrastructure development and statewide	52457
programs. Such assessment shall comply with applicable cost	52458
principles issued by the federal Office of Management and Budget.	52459
During the fiscal year 2001-2003 biennium, the information	52460
technology assessment may be used to partially fund the cost of	52461
electronic-government infrastructure. The information technology	52462
assessment shall be charged to all organized bodies, offices, or	52463
agencies established by the laws of the state for the exercise of	52464
any function of state government except for the General Assembly,	52465
any legislative agency, the Supreme Court, the other courts of	52466
record in Ohio, or any judicial agency, the Adjutant General, the	52467
Bureau of Workers' Compensation, and institutions administered by	52468
a board of trustees. Any state-entity exempted by this section	52469
may utilize the infrastructure or statewide program by	52470
participating in the information technology assessment. All	52471
charges for the information technology assessment shall be	52472
deposited to the credit of the Information Technology Fund (Fund	52473
133) created in section 125.15 of the Revised Code.	52474

Section 13.18. E-GOVERNMENT DEVELOPMENT FUND

52475

The Director of Budget and Management shall transfer any cash	52476
balances remaining in the E-Government Development Fund (Fund 5M6)	52477
after November 30, 2001, from the E-Government Development Fund to	52478
the Information Technology Fund (Fund 133) created in section	52479
125.15 of the Revised Code.	52480

Section 13.19. UNEMPLOYMENT COMPENSATION FUND

52481

The foregoing appropriation item 100-628, Unemployment	52482
Compensation, shall be used to make payments from the Unemployment	52483
Compensation Fund (Fund 113), pursuant to section 4141.241 of the	52484
Revised Code. If it is determined that additional amounts are	52485
necessary, such amounts are appropriated.	52486

Section 13.20. PAYROLL WITHHOLDING FUND

52487

The foregoing appropriation item 100-629, Payroll Deductions,	52488
shall be used to make payments from the Payroll Withholding Fund	52489
(Fund 124). If it is determined by the Director of Budget and	52490
Management that additional appropriation amounts are necessary,	52491
such amounts are appropriated.	52492

Section 13.21. GENERAL SERVICES REFUNDS

52493

The foregoing appropriation item 100-646, General Services	52494
Refunds, shall be used to hold bid guarantee and building plans	52495
and specifications deposits until they are refunded. The Director	52496
of Administrative Services may request that the Director of Budget	52497
and Management transfer cash received for the costs of providing	52498
the building plans and specifications to contractors from the	52499
General Services Refund Fund to Fund 131, State Architect's	52500
Office. Prior to the transfer of cash, the Director of	52501
Administrative Services shall certify that such amounts are in	52502
excess of amounts required for refunding deposits and are directly	52503
related to costs of producing building plans and specifications.	52504
If it is determined that additional appropriations are necessary,	52505
such amounts are appropriated.	52506

Section 13.22.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	52507
SERVICE PAYMENTS	52508

The Director of Administrative Services, in consultation with	52509
the Multi-Agency Radio Communication System (MARCS) Steering	52510
Committee and the Director of Budget and Management, shall	52511
determine the share of debt service payments attributable to	52512
spending for MARCS components that are not specific to any one	52513
agency and that shall be charged to agencies supported by the	52514
motor fuel tax. Such share of debt service payments shall be	52515
calculated for MARCS capital disbursements made beginning July 1,	52516
1997. Within thirty days of any payment made from appropriation	52517
item 100-447, OBA - Building Rent Payments, the Director of	52518
Administrative Services shall certify to the Director of Budget	52519
and Management the amount of this share. The Director of Budget	52520
and Management shall transfer such amounts to the General Revenue	52521
Fund from the Highway Operating Fund (Fund 002) established in	52522
section 5735.281 of the Revised Code.	52523

The Director of Administrative Services shall consider	52524
renting or leasing existing tower sites at reasonable or current	52525
market rates, so long as these existing sites are equipped with	52526
the technical capabilities to support the MARCS project.	52527

Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

52528

Whenever the Director of Administrative Services declares a	52529
"Public Exigency," as provided in division (C) of section 123.15	52530
of the Revised Code, the Director shall also notify the members of	52531
the Controlling Board.	52532

Section 13.24. GENERAL SERVICE CHARGES

52533

The Department of Administrative Services, with the approval	52534
of the Director of Budget and Management, shall establish charges	52535
for recovering the costs of administering the programs in the	52536
General Services Fund (Fund 117) and the State Printing Fund (Fund	52537
210).	52538

Section 14.  AAM COMMISSION ON AFRICAN AMERICAN MALES	52539

General Revenue Fund

52540

State Special Revenue Fund Group

52547

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW	52551

No later than December 31, 2001, the Commission on African	52552
American Males shall submit to the chairperson and ranking	52553
minority member of the Human Services Subcommittee of the Finance	52554
and Appropriations Committee of the House of Representatives a	52555
report that demonstrates the progress that has been made toward	52556
meeting the Commission's mission statement.	52557

Section 15.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW	52558

General Revenue Fund

52559

OPERATING

52563

The Chief Administrative Officer of the House of	52564
Representatives and the Clerk of the Senate shall determine, by	52565
mutual agreement, which of them shall act as fiscal agent for the	52566
Joint Committee on Agency Rule Review.	52567

Section 16.  AGE DEPARTMENT OF AGING	52568

General Revenue Fund

52569

General Services Fund Group

52585

Federal Special Revenue Fund Group

52589

State Special Revenue Fund Group

52597

Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	52607
ADMISSION	52608

Pursuant to sections 5101.751 and 5101.754 of the Revised	52609
Code and an interagency agreement, the Department of Job and	52610
Family Services shall designate the Department of Aging to perform	52611
assessments under sections 5101.75 and 5111.204 of the Revised	52612
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	52613
Department of Aging may use not more than $2,390,300 in fiscal	52614
year 2002 and $2,450,058 in fiscal year 2003 to perform the	52615
assessments for persons not eligible for Medicaid in accordance	52616
with the department's interagency agreement with the Department of	52617
Job and Family Services and to assist individuals in planning for	52618
their long-term health care needs.	52619

Section 16.02.  PASSPORT

52620

Appropriation item 490-403, PASSPORT, and the amounts set	52621
aside for the PASSPORT Waiver Program in appropriation item	52622
490-610, PASSPORT/Residential State Supplement, may be used to	52623
assess clients regardless of Medicaid eligibility.	52624

The Director of Aging shall adopt rules under section 111.15	52625
of the Revised Code governing the nonwaiver funded PASSPORT	52626
program, including client eligibility.	52627

The Department of Aging shall administer the Medicaid Waiver	52628
funded PASSPORT Home Care program as delegated by the Department	52629
of Job and Family Services in an interagency agreement. The	52630
foregoing appropriation item 490-403, PASSPORT, and the amounts	52631
set aside for the PASSPORT Waiver Program in appropriation item	52632
490-610, PASSPORT/Residential State Supplement, shall be used to	52633
provide the required state match for federal Medicaid funds	52634
supporting the Medicaid Waiver funded PASSPORT Home Care program.	52635
Appropriation item 490-403, PASSPORT, and the amounts set aside	52636
for the PASSPORT Waiver Program in appropriation item 490-610,	52637
PASSPORT/Residential State Supplement, may also be used to support	52638
the Department of Aging's administrative costs associated with	52639
operating the PASSPORT program.	52640

The foregoing appropriation item 490-607, PASSPORT, shall be	52641
used to provide the federal matching share for all PASSPORT	52642
program costs determined by the Department of Job and Family	52643
Services to be eligible for Medicaid reimbursement.	52644

ELDERCARE PILOT

52645

The foregoing appropriation item 490-404, Eldercare, shall be	52646
used to fund the existing eldercare service programs and shall be	52647
limited to providing services to those persons who are enrolled in	52648
these programs on the effective date of this section.	52649

SENIOR COMMUNITY SERVICES

52650

The foregoing appropriation item 490-411, Senior Community	52651
Services, shall be used for services designated by the Department	52652
of Aging, including, but not limited to, home-delivered meals,	52653
transportation services, personal care services, respite services,	52654
home repair, and care coordination. Service priority shall be	52655
given to low income, frail, and cognitively impaired persons 60	52656
years of age and over. The department shall promote cost sharing	52657
by service recipients for those services funded with block grant	52658
funds, including, where possible, sliding-fee scale payment	52659
systems based on the income of service recipients.	52660

ALZHEIMERS RESPITE

52661

The foregoing appropriation item 490-414, Alzheimers Respite,	52662
shall be used only to fund Alzheimer's disease services under	52663
section 173.04 of the Revised Code.	52664

TRANSPORTATION FOR ELDERLY

52665

The foregoing appropriation item 490-416, Transportation for	52666
Elderly, shall be used for non-capital expenses related to	52667
transportation services for the elderly that provide access to	52668
such things as healthcare services, congregate meals,	52669
socialization programs, and grocery shopping. The appropriation	52670
shall be allocated to the following agencies:	52671

(A) $45,000 per fiscal year to the Cincinnati Jewish	52672
Vocational Services;	52673

(B) $45,000 per fiscal year to the Cleveland Jewish	52674
Community Center;	52675

(C) $45,000 per fiscal year to the Columbus Jewish	52676
Federation;	52677

(D) $20,000 per fiscal year to the Dayton Jewish Family	52678
Services;	52679

(E) $10,000 per fiscal year to the Akron Jewish Community	52680
Center;	52681

(F) $5,000 per fiscal year to the Youngstown Jewish	52682
Federation;	52683

(G) $3,000 per fiscal year to the Canton Jewish Federation;

52684

(H) $10,000 per fiscal year to the Toledo Jewish Federation.

52685

Agencies receiving funding from appropriation item 490-416,	52686
Transportation for Elderly, shall coordinate services with other	52687
local service agencies.	52688

RESIDENTIAL STATE SUPPLEMENT

52689

Under the Residential State Supplement Program, the amount	52690
used to determine whether a resident is eligible for payment and	52691
for determining the amount per month the eligible resident will	52692
receive shall be as follows:	52693

(A) $900 for a residential care facility, as defined in	52694
section 3721.01 of the Revised Code;	52695

(B) $900 for an adult group home, as defined in Chapter	52696
3722. of the Revised Code;	52697

(C) $800 for an adult foster home, as defined in Chapter	52698
173. of the Revised Code;	52699

(D) $800 for an adult family home, as defined in Chapter	52700
3722. of the Revised Code;	52701

(E) $800 for an adult community alternative home, as defined	52702
in Chapter 3724. of the Revised Code;	52703

(F) $800 for an adult residential facility, as defined in	52704
Chapter 5119. of the Revised Code;	52705

(G) $600 for adult community mental health housing services,	52706
as defined in division (B)(5) of section 173.35 of the Revised	52707
Code.	52708

The Departments of Aging and Job and Family Services shall	52709
reflect this amount in any applicable rules the departments adopt	52710
under section 173.35 of the Revised Code.	52711

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

52712

The Department of Aging may transfer cash by intrastate	52713
transfer vouchers from the foregoing appropriation items 490-412,	52714
Residential State Supplement, and 490-610, PASSPORT/Residential	52715
State Supplement, to the Department of Job and Family Services'	52716
Fund 4J5, Home and Community-Based Services for the Aged Fund.	52717
The funds shall be used to make benefit payments to Residential	52718
State Supplement recipients.	52719

LONG-TERM CARE OMBUDSMAN

52720

The foregoing appropriation item 490-410, Long-Term Care	52721
Ombudsman, shall be used for a program to fund ombudsman program	52722
activities in nursing homes, adult care facilities, boarding	52723
homes, and home and community care services.	52724

SENIOR FACILITIES

52725

Of the foregoing appropriation item 490-504, Senior	52726
Facilities, in fiscal year 2002, $10,000 shall be for the Tri-city	52727
Senior Center, $10,000 shall be for the Westlake Senior Center,	52728
and $10,000 shall be for the Rocky River Senior Center.	52729

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

52730

The foregoing appropriation item 490-609, Regional Long-Term	52731
Care Ombudsman Programs, shall be used solely to pay the costs of	52732
operating the regional long-term care ombudsman programs.	52733

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

52734

Of the foregoing appropriation item 490-610,	52735
PASSPORT/Residential State Supplement, up to $2,835,000 each	52736
fiscal year shall be used to fund the Residential State Supplement	52737
Program. The remaining available funds shall be used to fund the	52738
PASSPORT program.	52739

Section 16.03. RESIDENTIAL STATE SUPPLEMENT	52740

If the Department of Aging, in consultation with the Director	52741
of Budget and Management, determines that available funding is	52742
insufficient to make payments to all eligible individuals, the	52743
department may establish priority policies to further limit	52744
eligibility criteria.	52745

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	52746
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	52747

Upon written request of the Director of Aging, the Director	52748
of Budget and Management may transfer appropriation authority	52749
among appropriation items 490-611, Federal Aging Nutrition,	52750
490-612, Federal Supportive Services, and 490-618, Older Americans	52751
Support Services, in amounts not to exceed 30 per cent of the	52752
appropriation from which the transfer is made. The Department of	52753
Aging shall report such transfers to the Controlling Board at the	52754
next regularly scheduled meeting of the board.	52755

OHIO COMMUNITY SERVICE COUNCIL

52756

The foregoing appropriation items 490-409, Ohio Community	52757
Service Council, and 490-617, Ohio Community Service Council	52758
Programs, shall be used in accordance with section 121.40 of the	52759
Revised Code.	52760

Section 17.  AGR DEPARTMENT OF AGRICULTURE	52761

General Revenue Fund

52762

Federal Special Revenue Fund Group

52784

State Special Revenue Fund Group

52792

ANIMAL DISEASE CONTROL

52816

The funds in appropriation item 700-401, Animal Disease	52817
Control, may be used for the detection, prevention, and emergency	52818
management of, and the education of the public regarding, Foot and	52819
Mouth disease, Mad Cow disease, and West Nile virus.	52820

THE AUCTION FUND

52821

On October 1, 2001, the unencumbered cash balances in the	52822
Auction Education Fund (Fund 4D2) and the Auction Licensing Fund	52823
(Fund 5B8) shall be transferred from the Department of Commerce to	52824
the Department of Agriculture. During the 90-day period before	52825
the transfer, the Director of Commerce and the Director of	52826
Agriculture shall enter into an agreement and take all steps	52827
necessary to transfer the duties and responsibilities related to	52828
the licensing and oversight of auctioneers from the Department of	52829
Commerce to the Department of Agriculture. The Director of	52830
Commerce and the Director of Agriculture shall recommend to the	52831
Director of Budget and Management any transfer of funds necessary	52832
to carry out this transfer of responsibilities.	52833

THE DAIRY INDUSTRY FUND

52834

On July 1, 2001, or as soon thereafter as possible, the	52835
Director of Budget and Management shall transfer the cash balance	52836
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	52837
4R2). The director shall cancel any existing encumbrances against	52838
appropriation item 700-602, License Fees (Fund 4V0), and	52839
reestablish them against appropriation item 700-637, Dairy	52840
Inspection (Fund 4R2). The amounts of the reestablished	52841
encumbrances are appropriated.	52842

Section 18.  AIR AIR QUALITY DEVELOPMENT AUTHORITY	52843

Agency Fund Group

52844

Section 19.  ADA DEPARTMENT OF ALCOHOL AND

52851

DRUG ADDICTION SERVICES

52852

General Revenue Fund

52853

General Services Fund

52858

Federal Special Revenue Fund Group

52862

State Special Revenue Fund Group

52870

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

52877

Of the foregoing appropriation item 038-401, Alcohol and Drug	52878
Addiction Services, $4 million in each fiscal year shall be	52879
allocated for services to families, adults, and adolescents	52880
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd	52881
General Assembly.	52882

ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

52883

The foregoing appropriation item 038-629, TANF	52884
Transfer-Treatment, shall be used to provide substance abuse	52885
prevention and treatment services to children, or their families,	52886
whose income is at or below 200 per cent of the official income	52887
poverty guideline.	52888

The foregoing appropriation item 038-630, TANF	52889
Transfer-Mentoring, shall be used to fund adolescent youth	52890
mentoring programs for children, or their families, whose income	52891
is at or below 200 per cent of the official income poverty	52892
guideline. The Director of Alcohol and Drug Addiction Services	52893
and the Director of Job and Family Services shall develop	52894
operating and reporting guidelines for these programs.	52895

PARENT AWARENESS TASK FORCE

52896

The Parent Awareness Task Force shall study ways to engage	52897
more parents in activities, coalitions, and educational programs	52898
in Ohio relating to alcohol and other drug abuse prevention. Of	52899
the foregoing appropriation item 038-404, Prevention Services,	52900
$30,000 in each fiscal year may be used to support the functions	52901
of the Parent Awareness Task Force.	52902

PLAN TO EVALUATE PER CAPITA FORMULA	52903

Not later than June 30, 2002, the Department of Alcohol and	52904
Drug Addiction Services shall establish a plan to evaluate the	52905
current per capita formula used in determining how state and	52906
federal funds for alcohol and drug addiction services are	52907
allocated under section 3793.04 of the Revised Code. The plan	52908
shall evaluate all of the following:	52909

(A) Whether population statistics alone should be used to	52910
quantify the need for funding in a county;	52911

(B) Whether other social and economic demographic indicators	52912
should be utilized;	52913

(C) The appropriateness of the current per capita formula.

52914

Section 20.  AMB AMBULANCE LICENSING BOARD	52915

General Services Fund Group

52916

Section 21.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS	52922

General Services Fund Group

52923

Section 22.  ART OHIO ARTS COUNCIL	52929

General Revenue Fund

52930

General Services Fund Group

52936

Federal Special Revenue Fund Group

52940

PROGRAM SUBSIDIES

52944

A museum is not eligible to receive funds from appropriation	52945
item 370-502, Program Subsidies, if $8,000,000 or more in capital	52946
appropriations were appropriated by the state for the museum	52947
between January 1, 1986, and December 31, 2002.	52948

PER CENT FOR ART ACQUISITIONS

52949

The unobligated balance remaining from prior projects of	52950
appropriation item 370-603, Per Cent for Art Acquisitions, shall	52951
be used by the Ohio Arts Council to pay for start-up costs in	52952
connection with the selection of artists of new Per Cent for Art	52953
projects.	52954

Section 23.  AFC OHIO ARTS AND SPORTS FACILITIES	52955

COMMISSION

52956

General Revenue Fund

52957

State Special Revenue Fund Group

52961

OHIO BUILDING AUTHORITY LEASE PAYMENTS

52966

Appropriations to the Arts and Sports Facilities Commission	52967
from the General Revenue Fund include $69,939,300 for the biennium	52968
for appropriation item 371-401, Lease Rental Payments. This	52969
appropriation shall be used for payments to the Ohio Building	52970
Authority for the period July 1, 2001, to June 30, 2003, pursuant	52971
to the primary leases and agreements for those buildings made	52972
under Chapter 152. of the Revised Code which are the source of	52973
funds pledged for bond service charges on related obligations	52974
issued pursuant to Chapter 152. of the Revised Code.	52975

OPERATING EXPENSES

52976

The foregoing appropriation item 371-603, Project	52977
Administration, shall be used by the Ohio Arts and Sports	52978
Facilities Commission to carry out its responsibilities pursuant	52979
to this section and Chapter 3383. of the Revised Code.	52980

Within ten days after the effective date of this section, or	52981
as soon as possible thereafter, the Executive Director of the Ohio	52982
Arts and Sports Facilities Commission shall certify to the	52983
Director of Budget and Management the amount of cash to be	52984
transferred, up to the amount of the appropriation, from the Arts	52985
Facilities Building Fund (Fund 030) and the Sports Facilities	52986
Building Fund (Fund 024) to the Arts and Sports Facilities	52987
Commission Administration Fund (Fund 4T8).	52988

By July 10, 2002, or as soon as possible thereafter, the	52989
Executive Director of the Arts and Sports Facilities Commission	52990
shall certify to the Director of Budget and Management the amount	52991
of cash to be transferred, up to the amount of the appropriation,	52992
from the Arts Facilities Building Fund (Fund 030) and the Sports	52993
Facilities Fund (Fund 024) to the Arts and Sports Administration	52994
Fund (Fund 4T8).	52995

Section 24.  ATH ATHLETIC COMMISSION	52996

General Services Fund Group

52997

Section 25. AGO ATTORNEY GENERAL

53003

General Revenue Fund

53004

General Services Fund Group

53011

Federal Special Revenue Fund Group

53026

State Special Revenue Fund Group

53034

Holding Account Redistribution Fund Group

53042

LAW-RELATED EDUCATION

53051

The foregoing appropriation item 055-405, Law-Related	53052
Education, shall be distributed directly to the Ohio Center for	53053
Law-Related Education for the purposes of providing continuing	53054
citizenship education activities to primary and secondary students	53055
and accessing additional public and private money for new	53056
programs.	53057

WORKERS' COMPENSATION SECTION

53058

The Workers' Compensation Section Fund (Fund 195) shall	53059
receive payments from the Bureau of Workers' Compensation and the	53060
Ohio Industrial Commission at the beginning of each quarter of	53061
each fiscal year to fund legal services to be provided to the	53062
Bureau of Workers' Compensation and the Ohio Industrial Commission	53063
during the ensuing quarter. Such advance payment shall be subject	53064
to adjustment.	53065

In addition, the Bureau of Workers' Compensation shall	53066
transfer payments at the beginning of each quarter for the support	53067
of the Workers' Compensation Fraud Unit.	53068

All amounts shall be mutually agreed upon by the Attorney	53069
General, the Bureau of Workers' Compensation, and the Ohio	53070
Industrial Commission.	53071

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

53072

The foregoing appropriation item 055-636, Corrupt Activity	53073
Investigation and Prosecution, shall be used as provided by	53074
division (D)(2) of section 2923.35 of the Revised Code to dispose	53075
of the proceeds, fines, and penalties credited to the Corrupt	53076
Activity Investigation and Prosecution Fund, which is created in	53077
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	53078
is determined that additional amounts are necessary, the amounts	53079
are appropriated.	53080

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

53081

In fiscal years 2002 and 2003, the Attorney General's Office	53082
may request that the Director of Budget and Management transfer	53083
appropriation authority from appropriation Item 055-321, Operating	53084
Expenses, to appropriation item 055-406, Community Police Match	53085
and Law Enforcement Assistance. The Director of Budget and	53086
Management shall then transfer appropriation authority from	53087
appropriation item 055-321, Operating Expenses, to appropriation	53088
item 055-406, Community Police Match and Law Enforcement	53089
Assistance. Moneys transferred to appropriation item 055-406	53090
shall be used to pay operating expenses and to provide grants to	53091
local law enforcement agencies and communities for the purpose of	53092
supporting law enforcement-related activities.	53093

Section 26.  AUD AUDITOR OF STATE	53094

General Revenue Fund

53095

General Services Fund Group

53101

Holding Account Redistribution Fund Group

53108

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

53113

The foregoing appropriation item 070-403, Fiscal	53114
Watch/Emergency Technical Assistance, shall be used for all	53115
expenses incurred by the Office of the Auditor of State in its	53116
role relating to fiscal watch or fiscal emergency activities under	53117
Chapters 118. and 3316. of the Revised Code. Expenses shall	53118
include, but shall not be limited to, the following: duties	53119
related to the determination or termination of fiscal watch or	53120
fiscal emergency of municipal corporations, counties, or townships	53121
as outlined in Chapter 118. of the Revised Code and of school	53122
districts as outlined in Chapter 3316. of the Revised Code;	53123
development of preliminary accounting reports; performance of	53124
annual forecasts; provision of performance audits; and	53125
supervisory, accounting, or auditing services for the mentioned	53126
public entities and school districts. The unencumbered balance of	53127
appropriation item 070-403, Fiscal Watch/Fiscal Emergency	53128
Technical Assistance, at the end of fiscal year 2002 is	53129
transferred to fiscal year 2003 for use under the same	53130
appropriation item.	53131

ELECTRONIC DATA PROCESSING

53132

The unencumbered balance of appropriation item 070-405,	53133
Electronic Data Processing-Auditing and Administration, at the end	53134
of fiscal year 2002 is transferred to fiscal year 2003 for use	53135
under the same appropriation item.	53136

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

53137

The foregoing appropriation item 070-406, Uniform Accounting	53138
Network/Technology Improvements Fund, shall be used to pay the	53139
costs of developing and implementing the Uniform Accounting	53140
Network and technology improvements for the Office of the Auditor	53141
of State. The unencumbered balance of the appropriation at the	53142
end of fiscal year 2002 is transferred to fiscal year 2003 to pay	53143
the costs of the developing and implementing the Uniform	53144
Accounting Network and technology improvements for the Office of	53145
the Auditor of State.	53146

Section 27.  BRB BOARD OF BARBER EXAMINERS	53147

General Services Fund Group

53148

Section 28.  OBM OFFICE OF BUDGET AND MANAGEMENT

53154

General Revenue Fund

53155

General Services Fund Group

53161

State Special Revenue Fund Group

53165

Section 28.01. OFFICE OF QUALITY SERVICES

53170

A portion of the foregoing appropriation item 042-401, Office	53171
of Quality Services, may be used to provide financial sponsorship	53172
support for conferences and showcases that promote quality	53173
improvement efforts. These expenditures are not subject to	53174
Chapter 125. of the Revised Code.	53175

OHIO'S QUALITY SHOWCASE

53176

The Office of Quality Services may cosponsor Ohio's Quality	53177
Showcase. The office may grant funds to other sponsoring entities	53178
for the purpose of conducting this event, provided that the grants	53179
are used exclusively for the direct expenses of the event.	53180

Any state agency, at the discretion and with the approval of	53181
the director or other executive authority of the agency, may	53182
provide financial or in-kind support for Ohio's Quality Showcase	53183
cosponsored by the Office of Quality Services. Any financial	53184
contribution made by an agency shall not exceed $5,000 annually.	53185

AUDIT COSTS

53186

Of the foregoing appropriation item 042-603, State	53187
Accounting, not more than $450,000 in fiscal year 2002 and	53188
$350,000 in fiscal year 2003 shall be used to pay for centralized	53189
audit costs associated with either Single Audit Schedules or	53190
financial statements prepared in conformance with generally	53191
accepted accounting principles for the state.	53192

Section 28.02. TRANSFER OF GRF FUNDS TO DEPARTMENT OF	53193
DEVELOPMENT	53194

The Director of Budget and Management, at the request of the	53195
Director of Development, may transfer up to $5 million in	53196
unobligated, unspent GRF appropriations over the biennium to the	53197
Department of Development to support GRF-funded economic	53198
development projects for which appropriations would not otherwise	53199
be available. The amounts transferred are hereby appropriated.	53200

Section 28.03. Prior to January 2002, the Director of Budget	53201
and Management shall select one administrative department listed	53202
in section 121.02 of the Revised Code, and one state agency with	53203
fewer full-time equivalent personnel than any of the departments	53204
listed in that section, to prepare a full zero-base budget for the	53205
biennium ending June 30, 2005, shall inform the agencies of their	53206
selection, and shall offer the two agencies substantial technical	53207
assistance throughout the process of preparing their zero-base	53208
budgets. Each of the agencies shall prepare a full zero-base	53209
budget in such manner and according to such schedule as the	53210
Director of Budget and Management requires. The zero-base budgets	53211
shall, as the Director of Budget and Management determines, be in	53212
addition to or in place of the estimates of revenue and proposed	53213
expenditures that other state agencies are required to prepare	53214
under section 126.02 of the Revised Code.	53215

Section 29.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	53216

General Revenue Fund

53217

General Services Fund Group

53220

Underground Parking Garage

53225

Section 30.  CHR STATE BOARD OF CHIROPRACTIC EXAMINERS	53231

General Services Fund Group

53232

Section 30.01. CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS

53238

If the State Chiropractic Board refused to issue a license to	53239
practice chiropractic to an individual solely because the	53240
individual did not meet the examination requirements of division	53241
(B)(4)(b) or (c) of section 4734.20 of the Revised Code, as	53242
specified on and after the effective date of Am. Sub. H.B. 506 of	53243
the 123rd General Assembly but before the effective date of this	53244
section, the Board shall reconsider the application and issue or	53245
refuse to issue a license according to the examination	53246
requirements specified in division (B)(4)(b) or (c) of section	53247
4734.20 of the Revised Code, as amended by this act.	53248

Section 31.  CIV OHIO CIVIL RIGHTS COMMISSION	53249

General Revenue Fund

53250

Federal Special Revenue Fund Group

53255

State Special Revenue Fund Group

53259

Section 32.  COM DEPARTMENT OF COMMERCE

53264

General Revenue Fund

53265

General Services Fund Group

53269

Federal Special Revenue Fund Group

53274

State Special Revenue Fund Group

53280

Liquor Control Fund Group

53303

GRANTS-VOLUNTEER FIRE DEPARTMENTS

53311

The foregoing appropriation item 800-402, Grants-Volunteer	53312
Fire Departments, shall be used to make annual grants to volunteer	53313
fire departments of up to $10,000, or up to $25,000 if the	53314
volunteer fire department provides service for an area affected by	53315
a natural disaster. The grant program shall be administered by	53316
the Fire Marshal under the Department of Commerce. The Fire	53317
Marshal shall adopt rules necessary for the administration and	53318
operation of the grant program.	53319

Notwithstanding section 3737.17 of the Revised Code, upon the	53320
request of the Director of Commerce, the Director of Budget and	53321
Management shall transfer $200,000 cash in fiscal year 2002 and	53322
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	53323
(Fund 546) to the General Revenue Fund.	53324

LABOR AND WORKER SAFETY

53325

The Department of Commerce may designate a portion of	53326
appropriation item 800-410, Labor and Worker Safety, to be used to	53327
match federal funding for the OSHA on-site consultation program.	53328

SMALL GOVERNMENT FIRE DEPARTMENTS

53329

Upon the request of the Director of Commerce, the Director of	53330
Budget and Management shall transfer $250,000 cash in each fiscal	53331
year from the State Fire Marshal Fund (Fund 546) within the State	53332
Special Revenue Fund Group to the Small Government Fire	53333
Departments Fund (Fund 5F1) within the General Services Fund	53334
Group.	53335

Notwithstanding section 3737.17 of the Revised Code, the	53336
foregoing appropriation item 800-635, Small Government Fire	53337
Departments, may be used to provide loans to private fire	53338
departments.	53339

PENALTY ENFORCEMENT

53340

The foregoing appropriation item 800-621, Penalty	53341
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	53342
of the Revised Code.	53343

On July 1, 2001, or as soon thereafter as possible, the	53344
Director of Budget and Management shall transfer the cash balance	53345
in the Penalty Enforcement Fund that was in the custody of the	53346
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	53347
created in the state treasury by section 4115.10 of the Revised	53348
Code. The fund shall be used for deposit of moneys received from	53349
penalties paid under section 4115.10 of the Revised Code.	53350

UNCLAIMED FUNDS PAYMENTS

53351

The foregoing appropriation item 800-625, Unclaimed	53352
Funds-Claims, shall be used to pay claims pursuant to section	53353
169.08 of the Revised Code. If it is determined that additional	53354
amounts are necessary, the amounts are appropriated.	53355

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

53356

The Director of Commerce may, upon concurrence by the	53357
Director of Budget and Management, submit to the Controlling Board	53358
for approval a request for increased appropriation authority for	53359
appropriation item 800-601, Merchandising.	53360

CASH BALANCE TRANSFER

53361

On July 1, 2001, or as soon thereafter as possible, the	53362
Director of Budget and Management shall transfer the cash balance	53363
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	53364
Fund (Fund 043) created in section 4301.12 of the Revised Code.	53365
Upon the completion of the transfer, the Salvage and Exchange	53366
Fund, which was created by the Controlling Board during the	53367
1973-1975 biennium, is abolished. The director shall cancel any	53368
existing encumbrances against appropriation item 800-634, Salvage	53369
and Exchange, and reestablish them against appropriation item	53370
800-627, Liquor Control Operating.	53371

DEVELOPMENT ASSISTANCE DEBT SERVICE	53372

The foregoing appropriation item 800-633, Development	53373
Assistance Debt Service, shall be used to meet all payments at the	53374
times they are required to be made during the period from July 1,	53375
2001, to June 30, 2003, for bond service charges on obligations	53376
issued under section 166.08 of the Revised Code, but limited to	53377
the aggregate amount of $32,275,900. If it is determined that	53378
additional appropriations are necessary for this purpose, such	53379
amounts are hereby appropriated, provided that the appropriation	53380
does not exceed $25,000,000 in any fiscal year, except as may be	53381
needed for payments on obligations issued to meet guarantees. The	53382
General Assembly acknowledges that an appropriation for this	53383
purpose is not required, but is made in this form and in this act	53384
for record purposes only.	53385

REVITALIZATION DEBT SERVICE

53386

The foregoing appropriation item 800-636, Revitalization Debt	53387
Service, shall be used to pay debt service and related financing	53388
costs during the period from July 1, 2001, to June 30, 2003, on	53389
obligations to be issued for revitalization purposes under Section	53390
2o of Article VIII, Ohio Constitution, and implementing	53391
legislation. If it is determined that additional appropriations	53392
are necessary for this purpose, such amounts are hereby	53393
appropriated. The General Assembly acknowledges: (A) the priority	53394
of the pledge of a portion of receipts from that source to	53395
obligations issued and to be issued and guarantees made and to be	53396
made under Chapter 166. of the Revised Code; and (B) that this	53397
appropriation is subject to further consideration pursuant to	53398
implementing legislation.	53399

ADMINISTRATIVE ASSESSMENTS

53400

Notwithstanding any other provision of law to the contrary,	53401
Fund 163, Administration, shall receive assessments from all	53402
operating funds of the department in accordance with procedures	53403
prescribed by the Director of Commerce and approved by the	53404
Director of Budget and Management.	53405

Section 33. OCC OFFICE OF CONSUMERS' COUNSEL

53406

General Services Fund Group

53407

CONSUMERS' COUNSEL TRANSFER

53411

On July 1, 2001, or as soon as possible thereafter, the	53412
Director of Budget and Management shall transfer $349,758.12 in	53413
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the	53414
General Revenue Fund.	53415

Section 34.  CEB CONTROLLING BOARD

53416

General Revenue Fund

53417

State Special Revenue Fund Group

53422

FEDERAL SHARE

53427

In transferring appropriations to or from appropriation items	53428
that have federal shares identified in this act, the Controlling	53429
Board shall add or subtract corresponding amounts of federal	53430
matching funds at the percentages indicated by the state and	53431
federal division of the appropriations in this act. Such changes	53432
are appropriated.	53433

DISASTER ASSISTANCE

53434

Pursuant to requests submitted by the Department of Public	53435
Safety, the Controlling Board may approve transfers from the	53436
Emergency Purposes Fund to a Department of Public Safety General	53437
Revenue Fund appropriation item to provide funding for assistance	53438
to political subdivisions made necessary by natural disasters or	53439
emergencies. Such transfers may be requested and approved prior to	53440
the occurrence of any specific natural disasters or emergencies in	53441
order to facilitate the provision of timely assistance.	53442

SOUTHERN OHIO CORRECTIONAL FACILITY COST

53443

The Office of Criminal Justice Services and the Public	53444
Defender Commission may each request, upon approval of the	53445
Director of Budget and Management, additional funds from the	53446
Emergency Purposes Fund for costs related to the disturbance that	53447
occurred on April 11, 1993, at the Southern Ohio Correctional	53448
Facility in Lucasville, Ohio.	53449

DISASTER SERVICES

53450

Pursuant to requests submitted by the Department of Public	53451
Safety, the Controlling Board may approve transfers from the	53452
foregoing appropriation item 911-601, Disaster Services, to a	53453
Department of Public Safety General Revenue Fund appropriation	53454
item to provide for assistance to political subdivisions made	53455
necessary by natural disasters or emergencies. These transfers	53456
may be requested and approved prior to the occurrence of any	53457
specific natural disasters or emergencies in order to facilitate	53458
the provision of timely assistance. The Emergency Management	53459
Agency of the Department of Public Safety shall use the funding	53460
for disaster aid requests that meet the Emergency Management	53461
Agency's criteria for assistance.	53462

The foregoing appropriation item 911-601, Disaster Services,	53463
shall be used by the Controlling Board, pursuant to requests	53464
submitted by state agencies, to transfer cash and appropriation	53465
authority to any fund and appropriation item for the payment of	53466
state agency program expenses as follows:	53467

(A) The southern Ohio flooding, referred to as	53468
FEMA-DR-1164-OH;	53469

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

53470

(C) The Southern Ohio flooding, referred to as	53471
FEMA-DR-1321-OH;	53472

(D) The flooding referred to as FEMA-DR-1339-OH;

53473

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

53474

(F) Other disasters declared by the Governor, if the	53475
Director of Budget and Management determines that sufficient funds	53476
exist beyond the expected program costs of these disasters.	53477

MANDATE ASSISTANCE

53478

(A) The foregoing appropriation item 911-404, Mandate	53479
Assistance, shall be used to provide financial assistance to local	53480
units of government, school districts, and fire departments for	53481
the cost of the following three unfunded state mandates:	53482

(1) The cost to county prosecutors for prosecuting certain	53483
felonies that occur on the grounds of state institutions operated	53484
by the Department of Rehabilitation and Correction and the	53485
Department of Youth Services;	53486

(2) The cost, primarily to small villages and townships, of	53487
providing firefighter training and equipment or gear;	53488

(3) The cost to school districts of in-service training for	53489
child abuse detection.	53490

(B) The Department of Commerce, the Office of Criminal	53491
Justice Services, and the Department of Education may prepare and	53492
submit to the Controlling Board one or more requests to transfer	53493
appropriations from appropriation item 911-404, Mandate	53494
Assistance. The state agencies charged with this administrative	53495
responsibility are listed below, as well as the estimated annual	53496
amounts that the commission may propose be used for each program	53497
of state financial assistance.	53498

(C) Subject to the total amount appropriated in each fiscal	53505
year for appropriation item 911-404, Mandate Assistance, the	53506
Department of Commerce, the Office of Criminal Justice Services,	53507
and the Department of Education may request from the Controlling	53508
Board that amounts smaller or larger than these estimated annual	53509
amounts be transferred to each program.	53510

(D) In addition to making the initial transfers requested by	53511
the Department of Commerce, the Office of Criminal Justice	53512
Services, and the Department of Education, the Controlling Board	53513
may transfer appropriations received by a state agency under this	53514
section back to appropriation item 911-404, Mandate Assistance, or	53515
to one or more of the other programs of state financial assistance	53516
identified under this section.	53517

(E) It is expected that not all costs incurred by local	53518
units of government, school districts, and fire departments under	53519
each of the three programs of state financial assistance	53520
identified under this section will be fully reimbursed by the	53521
state. Reimbursement levels may vary by program and shall be	53522
based on: the relationship between the appropriation transfers	53523
requested by the Department of Commerce, the Office of Criminal	53524
Justice Services, and the Department of Education and provided by	53525
the Controlling Board for each of the programs; the rules and	53526
procedures established for each program by the administering state	53527
agency; and the actual costs incurred by local units of	53528
government, school districts, and fire departments.	53529

(F) Each of these programs of state financial assistance	53530
shall be carried out as follows:	53531

(1) PROSECUTION COSTS

53532

(a) Appropriations may be transferred to the Office of	53533
Criminal Justice Services to cover local prosecution costs for	53534
aggravated murder, murder, felonies of the first degree, and	53535
felonies of the second degree that occur on the grounds of	53536
institutions operated by the Department of Rehabilitation and	53537
Correction and the Department of Youth Services.	53538

(b) Upon a delinquency filing in juvenile court or the	53539
return of an indictment for aggravated murder, murder, or any	53540
felony of the first or second degree that was committed at a	53541
Department of Youth Services or a Department of Rehabilitation and	53542
Correction institution, the affected county may, in accordance	53543
with rules that the Office of Criminal Justice Services shall	53544
adopt, apply to the Office of Criminal Justice Services for a	53545
grant to cover all documented costs that are incurred by the	53546
county prosecutor's office.	53547

(c) Twice each year, the Office of Criminal Justice Services	53548
shall designate counties to receive grants from those counties	53549
that have submitted one or more applications in compliance with	53550
the rules that have been adopted by the Office of Criminal Justice	53551
Services for the receipt of such grants. In each year's first	53552
round of grant awards, if sufficient appropriations have been	53553
made, up to a total of $100,000 may be awarded. In each year's	53554
second round of grant awards, the remaining appropriations	53555
available for this purpose may be awarded.	53556

(d) If for a given round of grants there are insufficient	53557
appropriations to make grant awards to all the eligible counties,	53558
the first priority shall be given to counties with cases involving	53559
aggravated murder and murder, second priority shall be given to	53560
cases involving a felony of the first degree, and third priority	53561
shall be given to cases involving a felony of the second degree.	53562
Within these priorities, the grant awards shall be based on the	53563
order in which the applications were received, except that	53564
applications for cases involving a felony of the first or second	53565
degree shall not be considered in more than two consecutive rounds	53566
of grant awards.	53567

(2) FIREFIGHTER TRAINING COSTS

53568

Appropriations may be transferred to the Department of	53569
Commerce for use as full or partial reimbursement to local units	53570
of government and fire departments for the cost of firefighter	53571
training and equipment or gear. In accordance with rules that the	53572
department shall adopt, a local unit of government or fire	53573
department may apply to the department for a grant to cover all	53574
documented costs that are incurred to provide firefighter training	53575
and equipment or gear. The department shall make grants within	53576
the limits of the funding provided, with priority given to fire	53577
departments that serve small villages and townships.	53578

(3) CHILD ABUSE DETECTION TRAINING COSTS

53579

Appropriations may be transferred to the Department of	53580
Education for disbursement to local school districts as full or	53581
partial reimbursement for the cost of providing in-service	53582
training for child abuse detection. In accordance with rules that	53583
the department shall adopt, a local school district may apply to	53584
the department for a grant to cover all documented costs that are	53585
incurred to provide in-service training for child abuse detection.	53586
The department shall make grants within the limits of the funding	53587
provided.	53588

(G) Any moneys allocated within appropriation item 911-404,	53589
Mandate Assistance, not fully utilized may, upon application of	53590
the Department of Education, and with the approval of the	53591
Controlling Board, be disbursed to boards of county commissioners	53592
to provide reimbursement for office space, equipment, and related	53593
mandated expenses for educational service centers.	53594

The amount to be disbursed to each county shall be allocated	53595
proportionately to the ADM of the educational service center for	53596
which a board of county commissioners is required to provide an	53597
office under section 3319.19 of the Revised Code.	53598

OHIO'S BICENTENNIAL CELEBRATION

53599

The foregoing appropriation item 911-408, Ohio's Bicentennial	53600
Celebration, shall be distributed according to a plan approved by	53601
the Ohio Bicentennial Commission. Pursuant to requests submitted	53602
by the Ohio Bicentennial Commission, the Controlling Board may	53603
approve transfers from the foregoing appropriation item 911-408,	53604
Ohio's Bicentennial Celebration, to appropriation item 360-503,	53605
Ohio Bicentennial Commission, or to other new or existing	53606
appropriation items of a state agency or other entity as specified	53607
by the commission.	53608

BALLOT ADVERTISING COSTS

53609

Pursuant to requests submitted by the Ohio Ballot Board, the	53610
Controlling Board shall approve transfers from the foregoing	53611
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	53612
Ballot Board appropriation item in order to reimburse county	53613
boards of elections for the cost of public notices associated with	53614
statewide ballot initiatives.	53615

Of the foregoing appropriation item 911-441, Ballot	53616
Advertising Costs, the Director of Budget and Management shall	53617
transfer any amounts that are not needed for the purpose of	53618
reimbursing county boards of elections for the cost of public	53619
notices associated with statewide ballot initiatives to	53620
appropriation item 911-404, Mandate Assistance.	53621

Section 35.  COS STATE BOARD OF COSMETOLOGY	53622

General Services Fund Group

53623

Section 36.  CSW COUNSELOR AND SOCIAL WORKERS BOARD	53629

General Services Fund Group

53630

Section 37. CLA COURT OF CLAIMS

53636

General Revenue Fund

53637

State Special Revenue Fund Group

53640

Section 38.  CJS OFFICE OF CRIMINAL JUSTICE SERVICES	53646

General Revenue Fund

53647

General Services Fund Group

53653

Federal Special Revenue Fund Group

53656

INDIGENT DEFENSE

53661

The Office of Criminal Justice Services shall make all	53662
efforts to maximize the amount of funding available for the	53663
defense of indigent persons.	53664

CRIMINAL JUSTICE INFORMATION SYSTEM

53665

The foregoing appropriation item 196-401, Criminal Justice	53666
Information System, shall be used by the Office of Criminal	53667
Justice Services to work on a plan to improve Ohio's criminal	53668
justice information systems. The Director of Criminal Justice	53669
Services shall evaluate the progress of this plan and issue a	53670
report to the Governor, the Speaker and the Minority Leader of the	53671
House of Representatives, the President and the Minority Leader of	53672
the Senate, the Criminal Justice Policy Board, and the Legislative	53673
Service Commission by the first day of January of each year of the	53674
two-year biennium beginning July 1, 2001, and ending June 30,	53675
2003.	53676

OPERATING EXPENSES

53677

Of the foregoing appropriation item 196-424, Operating	53678
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in	53679
fiscal year 2003 shall be used for the purpose of matching federal	53680
funds.	53681

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

53682

The foregoing appropriation item 196-602, Juvenile Justice	53683
Program, shall be used to fund and close out the Juvenile	53684
Accountability Incentive Block Grant Program for federal fiscal	53685
year 1999.	53686

Section 39.  DEN STATE DENTAL BOARD	53687

General Services Fund Group

53688

Section 40.  BDP BOARD OF DEPOSIT	53694

General Services Fund Group

53695

BOARD OF DEPOSIT EXPENSE FUND

53700

Upon receiving certification of expenses from the Treasurer	53701
of State, the Director of Budget and Management shall transfer	53702
cash from the Investment Earnings Redistribution Fund (Fund 608)	53703
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	53704
shall be used to pay for banking charges and fees required for the	53705
operation of the State of Ohio Regular Account.	53706

Section 41. DEV DEPARTMENT OF DEVELOPMENT

53707

General Revenue Fund

53708

General Services Fund Group

53746

Federal Special Revenue Fund Group

53752

State Special Revenue Fund Group

53767

Facilities Establishment Fund

53784

Coal Research/Development Fund

53792

Section 41.01.  WASHINGTON OFFICE

53798

Of the foregoing appropriation items 195-100, Personal	53799
Services, 195-200, Maintenance, and 195-300, Equipment, no more	53800
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003	53801
may be transferred to the General Reimbursement Fund (Fund 685) to	53802
support the Washington Office. The transfer shall be made using	53803
an intrastate transfer voucher.	53804

THOMAS EDISON PROGRAM

53805

The foregoing appropriation item 195-401, Thomas Edison	53806
Program, shall be used for the purposes of sections 122.28 to	53807
122.38 of the Revised Code in order to provide funds for	53808
cooperative public and private efforts in technological innovation	53809
to promote the development and transfer of technology by and to	53810
Ohio businesses that will lead to the creation of jobs, and to	53811
provide for the administration of this program by the Technology	53812
Division.	53813

Of the foregoing appropriation item 195-401, Thomas Edison	53814
Program, not more than $2,153,282 in fiscal year 2002 and	53815
$2,228,537 in fiscal year 2003 shall be used for the Technology	53816
Division's operating expenses in administering this program.	53817

Of the foregoing appropriation item 195-401, Thomas Edison	53818
Program, $187,500 in each fiscal year shall be used for the	53819
establishment of an e-logistics port at Rickenbacker Port	53820
Authority.	53821

Section 41.02.  SMALL BUSINESS DEVELOPMENT

53822

The foregoing appropriation item 195-404, Small Business	53823
Development, shall be used to ensure that the unique needs and	53824
concerns of small businesses are addressed.	53825

The foregoing appropriation shall be used to provide grants	53826
to local organizations to support the operation of Small Business	53827
Development Centers, and other local economic development activity	53828
promoting small business and for the cost of administering the	53829
program. The centers shall provide technical, financial, and	53830
management consultation for small business, and facilitate access	53831
to state and federal programs. These funds shall be used as	53832
matching funds for grants from the United States Small Business	53833
Administration and other federal agencies, pursuant to Public Law	53834
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	53835
regulations and policy guidelines for these programs.	53836

In addition, the Office of Small Business shall operate the	53837
One-Stop Business Permit Center, the Women's Business Resource	53838
Program, support government procurement assistance, and implement	53839
and coordinate the duties imposed on the Department of Development	53840
by Am. Sub. S.B. 239 of the 115th General Assembly.	53841

MINORITY BUSINESS DEVELOPMENT DIVISION

53842

Of the foregoing appropriation item 195-405, Minority	53843
Business Development Division, no less than $1,060,000 in each	53844
fiscal year shall be used to fund minority contractors and	53845
business assistance organizations. The Minority Business	53846
Development Division shall determine which cities need minority	53847
contractors and business assistance organizations by utilizing	53848
United States Census Bureau data and zip codes to locate the	53849
highest concentrations of minority businesses. The Minority	53850
Business Development Division also shall determine the numbers of	53851
minority contractors and business assistance organizations	53852
necessary and the amount of funding to be provided each. In	53853
addition, the Minority Business Development Division shall	53854
continue to plan and implement business conferences.	53855

Section 41.03.  TRANSITIONAL AND PERMANENT HOUSING PROGRAM

53856

Of the foregoing appropriation item 195-406, Transitional and	53857
Permanent Housing, the Office of Housing and Community	53858
Partnerships shall make grants to local governments and nonprofit	53859
organizations for the acquisition, rehabilitation, renovation,	53860
construction, conversion, operating, and supportive services costs	53861
for both new and existing transitional and permanent housing for	53862
the homeless.	53863

COAL RESEARCH DEVELOPMENT

53864

The foregoing appropriation item 195-408, Coal Research	53865
Development, shall be used for the administrative costs of the	53866
Coal Development Office within the Technology Division and for	53867
grants that encourage, promote, and assist the use of Ohio coal	53868
pursuant to section 1551.32 of the Revised Code.	53869

UTILITY PAYMENT ADMINISTRATION

53870

The foregoing appropriation item 195-409, Utility Payment	53871
Administration, shall be used for the administrative costs	53872
necessary to provide utility and fuel assistance benefits to	53873
eligible low-income Ohio households with elderly and disabled	53874
members.	53875

Section 41.04. BUSINESS DEVELOPMENT

53876

The foregoing appropriation item 195-412, Business	53877
Development Grants, shall be used as an incentive for attracting	53878
and retaining business opportunities for the state. Any such	53879
business opportunity, whether new, expanding, or relocating in	53880
Ohio, is eligible for funding. The project must create or retain	53881
a significant number of jobs for Ohioans. Grant awards may be	53882
considered only when (1) the project's viability hinges on an	53883
award of appropriation item 195-412, Business Development Grants,	53884
funds; (2) all other public or private sources of financing have	53885
been considered; or (3) the funds act as a catalyst for the	53886
infusion into the project of other financing sources.	53887

The department's primary goal shall be to award funds to	53888
political subdivisions of the state for off-site infrastructure	53889
improvements. In order to meet the particular needs of economic	53890
development in a region, the department may elect to award funds	53891
directly to a business for on-site infrastructure improvements.	53892
Infrastructure improvements mean improvements to water system	53893
facilities, sewer and sewage treatment facilities, electric or gas	53894
service facilities, fiber optic facilities, rail facilities, site	53895
preparation, and parking facilities. The Director of Development	53896
may recommend the funds be used in an alternative manner when	53897
deemed appropriate to meet an extraordinary economic development	53898
opportunity or need.	53899

The foregoing appropriation item 195-412, Business	53900
Development Grants, may be expended only after the submission of a	53901
request to the Controlling Board by the Department of Development	53902
outlining the planned use of the funds, and the subsequent	53903
approval of the request by the Controlling Board.	53904

The foregoing appropriation item 195-412, Business	53905
Development Grants, may be used for, but is not limited to,	53906
construction, rehabilitation, and acquisition projects for rail	53907
freight assistance as requested by the Department of	53908
Transportation. The Director of Transportation shall submit the	53909
proposed projects to the Director of Development for an evaluation	53910
of potential economic benefit.	53911

Section 41.05.  FIRST FRONTIER MATCH

53912

The foregoing appropriation item 195-414, First Frontier	53913
Match, shall be used as matching funds to targeted counties for	53914
the purpose of marketing state, regional, and local	53915
characteristics that may attract economic development. Targeted	53916
counties mean counties that have a population of less than 175,000	53917
residents. The appropriation may be used either for marketing	53918
programs by individual targeted counties or regional marketing	53919
campaigns, which are marketing programs in which at least one	53920
targeted county is participating with one or more other targeted	53921
counties or larger counties.	53922

REGIONAL OFFICES AND ECONOMIC DEVELOPMENT

53923

The foregoing appropriation item 195-415, Regional Offices	53924
and Economic Development, shall be used for the operating expenses	53925
of the Economic Development Division and the regional economic	53926
development offices and for grants for cooperative economic	53927
development ventures.	53928

Section 41.06.  GOVERNOR'S OFFICE OF APPALACHIAN OHIO

53929

The foregoing appropriation item 195-416, Governor's Office	53930
of Appalachia, shall be used for the administrative costs of	53931
planning and liaison activities for the Governor's Office of	53932
Appalachian Ohio. Funds not expended for liaison and training	53933
activities may be expended for special project grants within the	53934
Appalachian Region.	53935

Of the foregoing appropriation item 195-416, Governor's	53936
Office of Appalachia, up to $250,000 each fiscal year shall be	53937
used to match federal funds from the Appalachian Development	53938
Commission to provide job training to impact the Appalachian	53939
Region.	53940

Of the foregoing appropriation item 195-416, Governor's	53941
Office of Appalachia, $4,400,000 in each fiscal year shall be	53942
used in conjunction with other federal and state funds to provide	53943
financial assistance to projects in Ohio's Appalachian counties in	53944
order to further the goals of the Appalachian Regional Commission.	53945
Such projects and project sponsors shall meet Appalachian Regional	53946
Commission eligibility requirements. Grants shall be administered	53947
by the Department of Development.	53948

Of the foregoing appropriation item 195-416, Governor's	53949
Office of Appalachia, $500,000 in each fiscal year shall be used	53950
by the Appalachian Energy Grant Authority to make grants to	53951
eligible applicants to enhance and maintain the economic welfare	53952
of the Appalachian Region through the support of manufacturing in	53953
the region.	53954

URBAN/RURAL INITIATIVE

53955

The foregoing appropriation item 195-417, Urban/Rural	53956
Initiative, shall be used to make grants in accordance with	53957
sections 122.19 to 122.22 of the Ohio Revised Code.	53958

TECHNOLOGY ACTION

53959

Prior to the release of funds from appropriation item	53960
195-422, Technology Action, each grant award shall first obtain	53961
approval from eight members of the Technology Action Board and	53962
from the Controlling Board.	53963

The Technology Action Board shall consist of fourteen	53964
members. The following ten members shall be appointed by the	53965
Governor with the advice and consent of the Senate. Six members	53966
shall be recognized technology and business leaders from the	53967
following sectors covering the state: Northeast, Southeast,	53968
Northwest, Central, Southwest, and the Miami Valley Area. One	53969
member shall come from the Wright Patterson Air Force Laboratory,	53970
one member shall come from the NASA Glenn Research Center, one	53971
member shall come from the Inter-University Council, and one	53972
member shall be the current Director of the Edison Centers	53973
Technology Council.	53974

The chair of the Technology Action Board shall be the	53975
Governor's Science and Technology Advisor, with staff and other	53976
support as needed from the Department of Development's Technology	53977
Division and from the Board of Regents' Academic and Access	53978
Division. In addition, the Directors of Development and	53979
Transportation (or their designees), and the Chancellor of the	53980
Board of Regents (or the Chancellor's designee), shall serve as	53981
ex-officio members of the Technology Action Board.	53982

The Technology Action Board, in accordance with Chapter 119.	53983
of the Revised Code, shall adopt rules governing the Board's grant	53984
award program, including rules specifying application procedures	53985
for and standards for grant awards under the program and rules	53986
prescribing the form of the application for a grant award under	53987
the program. The rules shall require grant awards under the	53988
program to be used by the applicant to whom a grant is awarded for	53989
the specific purposes stated by the applicant in the approved	53990
application for the grant and grant awards also may be made to a	53991
technology capital fund that is headquartered in any of the	53992
Governor's economic development regions that has not yet received	53993
venture capital funding. Not less than thirty per cent of the	53994
total grants awarded in each fiscal year by the Technology Action	53995
Board shall be given to job creation or retention efforts by	53996
for-profit organizations and businesses.	53997

Of the foregoing appropriation item 195-422, Technology	53998
Action, not more than six per cent in each fiscal year shall be	53999
used for operating expenditures in administering this program.	54000

In addition to the six per cent for operating expenditures,	54001
an additional administrative amount, not to exceed $1,500,000	54002
within the biennium, shall be used for research, analyses, and	54003
marketing efforts deemed necessary to receive and disseminate	54004
information about science and technology related opportunities.	54005

Of the foregoing appropriation item 195-422, Technology	54006
Action, $500,000 in each fiscal year shall be used for the	54007
EMTEK/Delphi Project for Wire Break Technology.	54008

Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS

54009

Of the foregoing appropriation item 195-431, Community	54010
Development Corporation Grants, a portion of funds in each fiscal	54011
year of the biennium shall be used to make grants to the Ohio	54012
Community Development Finance Fund, a nonprofit corporation, in	54013
order to leverage private-sector funds to assist nonprofit	54014
development organizations to create affordable housing and	54015
permanent jobs in distressed areas of the state. The remaining	54016
moneys shall be used to provide funds to assist local community	54017
development corporations to develop affordable housing programs	54018
and economic development programs in their neighborhoods, and for	54019
operating costs.	54020

Of the foregoing appropriation item 195-431, Community	54021
Development Corporation Grants, not less than $100,000 in each	54022
fiscal year shall be used to provide training, technical	54023
assistance, and capacity building assistance to nonprofit	54024
development organizations in underserved areas of the state. For	54025
grants awarded in each fiscal year of the biennium, priority shall	54026
be given to proposals submitted by nonprofit development	54027
organizations from underserved areas of the state.	54028

Section 41.08.  INTERNATIONAL TRADE

54029

The foregoing appropriation item 195-432, International	54030
Trade, shall be used to operate and to maintain Ohio's	54031
out-of-state trade offices.	54032

The Director of Development may enter into contracts with	54033
foreign nationals to staff foreign offices. Such contracts may be	54034
paid in local currency or United States currency and shall be	54035
exempt from the provisions of section 127.16 of the Revised Code.	54036
The director also may establish foreign currency accounts in	54037
accordance with section 122.05 of the Revised Code for the payment	54038
of expenses related to the operation and maintenance of the	54039
foreign trade offices.	54040

The foregoing appropriation item 195-432, International	54041
Trade, shall be used to fund the International Trade Division and	54042
to assist Ohio manufacturers and agricultural producers in	54043
exporting to foreign countries in conjunction with the Department	54044
of Agriculture.	54045

Of the foregoing appropriation item 195-432, International	54046
Trade, up to $35,000 may be used to purchase gifts for	54047
representatives of foreign governments or dignitaries of foreign	54048
countries.	54049

Section 41.09.  OHIO INVESTMENT IN TRAINING PROGRAM

54050

The foregoing appropriation item 195-434, Investment in	54051
Training Grants, shall be used to promote industrial training	54052
through training grants for the reimbursement of eligible training	54053
expenses.	54054

Section 41.10.  EMERGENCY SHELTER HOUSING GRANTS

54055

(A) As used in this section, "emergency shelter housing"	54056
means a structure suitable for the temporary housing of the	54057
homeless and the provision of, or referral to, supportive	54058
services. Shelters that restrict admission to victims of domestic	54059
violence, runaways, or alcohol or substance abusers shall not be	54060
considered emergency shelter housing.	54061

(B) The foregoing appropriation item 195-440, Emergency	54062
Shelter Housing Grants, shall be used by the Office of Housing and	54063
Community Partnerships in the Department of Development to make	54064
grants to private, nonprofit organizations to provide emergency	54065
shelter housing for the homeless. The department shall distribute	54066
the grants pursuant to rules adopted by the Director of	54067
Development. The director may amend or rescind the rules and may	54068
adopt other rules necessary to implement this section. In awarding	54069
grants, the department shall give preference to organizations	54070
applying to fund existing emergency shelter housing.	54071

The department shall notify each organization that applied	54072
for a grant under this section of the amount of its grant award,	54073
if any. To receive a grant, the organization shall provide	54074
matching funds equal to 50 per cent of the total grant it was	54075
awarded. The organization shall expend its grant for shelter	54076
operations and supportive services, which include employment	54077
assistance, case management, information and referral services,	54078
transportation, and clothing. In providing employment assistance,	54079
the organization shall, at a minimum, refer persons to the	54080
Department of Job and Family Services.	54081

LOW AND MODERATE INCOME HOUSING

54082

The Director of Budget and Management, after consulting with	54083
the Director of Development, shall transfer up to $19,000,000 from	54084
appropriation item 195-441, Low and Moderate Income Housing, to	54085
appropriation item 195-638, Low and Moderate Income Housing Trust	54086
Fund. This transfer shall be made via an intrastate transfer	54087
voucher.	54088

TANF TRANSFER TO CDBG OPERATING MATCH

54089

The Office of Housing and Community Partnerships of the	54090
Department of Development shall use $5,200,000 of appropriation	54091
authority transferred from appropriation item 600-689, TANF Block	54092
Grant, in the Department of Job and Family Services in fiscal year	54093
2002 to appropriation item 195-497, CDBG Operating Match, in the	54094
Department of Development, and $6,500,000 of appropriation	54095
authority transferred from appropriation item 600-689, TANF Block	54096
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG	54097
Operating Match, to provide grants supportive services for	54098
low-income families related to housing or homelessness, including	54099
housing counseling; to provide grants to nonprofit organizations	54100
to assist families with incomes at or below 200 per cent of the	54101
federal poverty guidelines with down payment assistance for	54102
homeownership, including the purchase of mobile homes; to provide	54103
emergency home repair funding for families with incomes at or	54104
below 200 per cent of the federal poverty guideline; to provide	54105
operating support for family emergency shelter programs; and to	54106
provide emergency rent and mortgage assistance for families with	54107
incomes at or below 200 per cent of the federal poverty guideline.	54108
TANF funds shall not be used to match federal funds.	54109

The Department of Development shall comply with all TANF	54110
requirements, including reporting requirements and timelines, as	54111
specified in state and federal laws, federal regulations, state	54112
rules, and the Title IV-A state plan, and is responsible for	54113
payment of any adverse audit finding, final disallowance of	54114
federal financial participation, or other sanction or penalty	54115
issued by the federal government or other entity concerning these	54116
funds.	54117

No more than five per cent of transferred funds may be used	54118
by the department for administrative expenses of these programs.	54119
Transfer of funds between these programs shall first obtain	54120
approval of the Controlling Board.	54121

As used in this section, "federal poverty guideline" means	54122
the poverty guideline as defined by the United States Office of	54123
Management and Budget and revised by the United States Secretary	54124
of Health and Human Services in accordance with section 673 of the	54125
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	54126
U.S.C.A. 9902, as amended.	54127

UTILITY BILL CREDIT

54128

The foregoing appropriation item 195-505, Utility Bill	54129
Credits, shall be used to provide utility and fuel assistance to	54130
eligible low-income Ohio households with elderly and disabled	54131
members.	54132

Section 41.11.  TRAVEL AND TOURISM GRANTS

54133

The foregoing appropriation item 195-507, Travel and Tourism	54134
Grants, shall be used to provide grants to local organizations to	54135
support various local travel and tourism events in Ohio.	54136

Of the foregoing appropriation item 195-507, Travel and	54137
Tourism Grants, up to $200,000 in each fiscal year of the biennium	54138
may be used to support the outdoor dramas Trumpet in the Land,	54139
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	54140
$50,000 in each fiscal year shall be used for the Greater	54141
Cleveland Film Commission; $50,000 in each fiscal year shall be	54142
used for the Cincinnati Film Commission; $50,000 in each fiscal	54143
year shall be used for the American Classical Music Hall of Fame;	54144
$100,000 in each fiscal year shall be used for the Ottawa County	54145
Visitors Bureau, the Sandusky/Erie County Visitors and Convention	54146
Bureau, and the Lorain County Visitors Bureau for collaborative	54147
efforts to promote tourism; $50,000 in each fiscal year shall be	54148
used for the Ohio River Trails; and $1,000,000 in each fiscal year	54149
shall be used for grants to the International Center for the	54150
Preservation of Wild Animals.	54151

ISSUE 1 IMPLEMENTATION

54152

The foregoing appropriation item 195-510, Issue 1	54153
Implementation, shall be used to begin the implementation of	54154
Article VIII, Section 2o of the Ohio Constitution.	54155

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

54156

The foregoing appropriation item 195-906, Coal Research and	54157
Development General Obligation Debt Service shall be used to pay	54158
all debt service and financing costs at the times they are	54159
required to be made under sections 151.01 and 151.07 of the	54160
Revised Code during the period from July 1, 2001, to June 30,	54161
2003. The Office of the Sinking Fund or the Director of Budget	54162
and Management shall effectuate the required payments by an	54163
intrastate transfer voucher.	54164

Section 41.12. SUPPORTIVE SERVICES	54165

The Director of Development may assess divisions of the	54166
department for the cost of central service operations. Such an	54167
assessment shall be based on a plan submitted to and approved by	54168
the Office of Budget and Management by the first day of August of	54169
each fiscal year, and contain the characteristics of	54170
administrative ease and uniform application.	54171

A division's payments shall be credited to the Supportive	54172
Services Fund (Fund 135) using an intrastate transfer voucher.	54173

GENERAL REIMBURSEMENT

54174

The foregoing appropriation item 195-636, General	54175
Reimbursements, shall be used for conference and subscription fees	54176
and other reimbursable costs. Revenues to the General	54177
Reimbursement Fund (Fund 685) shall consist of fees and other	54178
moneys charged for conferences, subscriptions, and other	54179
administrative costs that are not central service costs.	54180

HEAP WEATHERIZATION

54181

Fifteen per cent of the federal funds received by the state	54182
for the Home Energy Assistance Block Grant shall be deposited in	54183
the Department of Development's Federal Special Revenue Fund (Fund	54184
3K9) and shall be used to provide home weatherization services in	54185
the state.	54186

HOME PROGRAM

54187

On July 1, 2001, or as soon as possible thereafter, the	54188
Director of Development shall certify to the Director of Budget	54189
and Management the cash balance and open encumbrances relating to	54190
the HOME Program located within Fund 308, appropriation item	54191
195-603, Housing and Urban Development. The Director of Budget	54192
and Management shall transfer the certified amount to newly	54193
created Fund 3V1, HOME Program. Any existing encumbrances in	54194
appropriation item 195-603 for the HOME Program shall be canceled	54195
and re-established against appropriation item 195-601, HOME	54196
Program. These re-established amounts are appropriated.	54197

STATE SPECIAL PROJECTS

54198

The foregoing appropriation item 195-639, State Special	54199
Projects, shall be used as a general account for the deposit of	54200
private-sector funds from utility companies and other	54201
miscellaneous state funds. Private-sector moneys shall be used	54202
to (1) pay the expenses of verifying the income-eligibility of	54203
HEAP applicants, (2) market economic development opportunities in	54204
the state, and (3) leverage additional federal funds. State funds	54205
shall be used to match federal housing grants for the homeless.	54206

Section 41.13.  MINORITY BUSINESS ENTERPRISE LOAN

54207

All repayments from the Minority Development Financing	54208
Advisory Board loan program and the Ohio Mini-Loan Guarantee	54209
Program shall be deposited in the State Treasury, to the credit of	54210
the Minority Business Enterprise Loan Fund (Fund 4W1).	54211

All operating costs of administering the Minority Business	54212
Enterprise Loan Fund shall be paid from the Minority Business	54213
Enterprise Loan Fund (Fund 4WI).	54214

MINORITY BUSINESS BONDING FUND

54215

Notwithstanding Chapters 122., 169., and 175. of the Revised	54216
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	54217
General Assembly, the Director of Development may, upon the	54218
recommendation of the Minority Development Financing Advisory	54219
Board, pledge up to $10,000,000 in the 2001-2003 biennium of	54220
unclaimed funds administered by the Director of Commerce and	54221
allocated to the Minority Business Bonding Program pursuant to	54222
section 169.05 of the Revised Code. The transfer of any cash by	54223
the Director of Budget and Management from the Department of	54224
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	54225
Development's Minority Business Bonding Fund (Fund 449) shall	54226
occur, if requested by the Director of Development, only if such	54227
funds are needed for payment of losses arising from the Minority	54228
Business Bonding Program, and only after proceeds of the initial	54229
transfer of $2,700,000 by the Controlling Board to the Minority	54230
Business Bonding Program has been used for that purpose. Moneys	54231
transferred by the Director of Budget and Management from the	54232
Department of Commerce for this purpose may be moneys in custodial	54233
funds held by the Treasurer of State. If expenditures are	54234
required for payment of losses arising from the Minority Business	54235
Bonding Program, such expenditures shall be made from	54236
appropriation item 195-623, Minority Business Bonding Contingency	54237
in the Minority Business Bonding Fund, and such amounts are	54238
appropriated.	54239

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

54240

Investment earnings of the Minority Business Bonding Fund	54241
(Fund 449) shall be credited to the Minority Business Bonding	54242
Program Administration Fund (Fund 450).	54243

Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING	54244

The foregoing appropriation item 195-625, Economic	54245
Development Financing Operating, shall be used for the operating	54246
expenses of financial assistance programs authorized under Chapter	54247
166. of the Revised Code and under sections 122.43 and 122.45 of	54248
the Revised Code.	54249

UNIVERSAL SERVICE FUND

54250

The foregoing appropriation item 195-659, Universal Service,	54251
shall be used to provide electric utility assistance benefits to	54252
Percentage of Income Payment Plan (PIPP) electric accounts, to	54253
fund targeted energy efficiency and customer education services to	54254
PIPP customers, and to cover the department's administrative costs	54255
related to the Universal Service Fund Programs.	54256

ENERGY EFFICIENCY REVOLVING LOAN FUND

54257

The foregoing appropriation item 195-660, Energy Efficiency	54258
Revolving Loan, shall be used to provide financial assistance to	54259
customers for eligible energy efficiency projects for residential,	54260
commercial and industrial business, local government, educational	54261
institution, nonprofit, and agriculture customers, and to pay for	54262
the program's administrative costs as provided in the Revised Code	54263
and rules adopted by the Director of Development.	54264

VOLUME CAP ADMINISTRATION

54265

The foregoing appropriation item 195-654, Volume Cap	54266
Administration, shall be used for expenses related to the	54267
administration of the Volume Cap Program. Revenues received by	54268
the Volume Cap Administration Fund (Fund 617) shall consist of	54269
application fees, forfeited deposits, and interest earned from the	54270
custodial account held by the Treasurer of State.	54271

Section 41.15.  FACILITIES ESTABLISHMENT FUND

54272

The foregoing appropriation item 195-615, Facilities	54273
Establishment (Fund 037), shall be used for the purposes of the	54274
Facilities Establishment Fund under Chapter 166. of the Revised	54275
Code.	54276

Of the foregoing appropriation item 195-615, Facilities	54277
Establishment (Fund 037), up to $3,000,000 in each fiscal year	54278
shall be used for the implementation of S.B. 10 of the 124th	54279
General Assembly, if the bill becomes law.	54280

Notwithstanding Chapter 166. of the Revised Code, up to	54281
$1,600,000 may be transferred each fiscal year from the Facilities	54282
Establishment Fund (Fund 037) to the Economic Development	54283
Financing Operating Fund (Fund 451). The transfer is subject to	54284
Controlling Board approval pursuant to division (B) of section	54285
166.03 of the Revised Code.	54286

Notwithstanding Chapter 166. of the Revised Code, up to	54287
$3,800,000 may be transferred in each fiscal year of the biennium	54288
from the Facilities Establishment Fund (Fund 037) to the Minority	54289
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject	54290
to Controlling Board approval pursuant to division (B) of section	54291
166.03 of the Revised Code.	54292

Notwithstanding Chapter 166. of the Revised Code, up to	54293
$5,000,000 cash may be transferred during the biennium from the	54294
Facilities Establishment Fund (Fund 037) to the Port Authority	54295
Bond Reserves Fund (Fund 5D1) for use by any port authority in	54296
establishing or supplementing bond reserve funds for any bond	54297
issuance permitted under Chapter 4582. of the Revised Code. The	54298
Director of Development shall develop program guidelines for the	54299
transfer and release of funds, including, but not limited to, a	54300
provision that a port authority shall receive not more than	54301
$2,000,000 total from the fund. The transfer and release of funds	54302
are subject to Controlling Board approval. Of the foregoing	54303
appropriation item 195-649, Port Authority Bond Reserves,	54304
$2,000,000 over the biennium, subject to Controlling Board	54305
approval, shall go to the Dayton Montgomery County Port Authority	54306
to establish or supplement bond reserves for job retention	54307
purposes per the guidelines set forth by the Director of	54308
Development.	54309

Notwithstanding Chapter 166. of the Revised Code, up to	54310
$20,475,000 cash may be transferred during the biennium from the	54311
Facilities Establishment Fund (Fund 037) to the Urban	54312
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	54313
barriers to urban core redevelopment. The Director of Development	54314
shall develop program guidelines for the transfer and release of	54315
funds, including, but not limited to, the completion of all	54316
appropriate environmental assessments before state assistance is	54317
committed to a project.	54318

Notwithstanding Chapter 166. of the Revised Code, up to	54319
$5,000,000 per fiscal year in cash may be transferred from the	54320
Facilities Establishment Fund (Fund 037) to the Rural Industrial	54321
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	54322
Board approval pursuant to section 166.03 of the Revised Code.	54323

FAMILY FARM LOAN PROGRAM

54324

Notwithstanding Chapter 166. of the Revised Code, up to	54325
$2,246,375 in each fiscal year shall be transferred from moneys in	54326
the Facilities Establishment Fund (Fund 037) to the Family Farm	54327
Loan Fund (Fund 5H1) in the Department of Development. These	54328
moneys shall be used for loan guarantees. The transfer is subject	54329
to Controlling Board approval.	54330

Financial assistance from the Family Farm Loan Fund (Fund	54331
5H1) shall be repaid to Fund 5H1. This fund is established in	54332
accordance with sections 166.031, 901.80, 901.81, 901.82, and	54333
901.83 of the Revised Code.	54334

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	54335
all outstanding balances, all loan repayments, and any other	54336
outstanding obligations shall revert to the Facilities	54337
Establishment Fund (Fund 037).	54338

Section 41.16. FUND 5F7 TRANSFER

54339

On July 1, 2001, or as soon as possible thereafter, the	54340
Director of Budget and Management shall transfer all cash in Fund	54341
5F7, Local Government Y2K Loan Program, to the General Revenue	54342
Fund. Upon completion of the transfer, Fund 5F7 is abolished.	54343

Section 42.  OBD OHIO BOARD OF DIETETICS	54344

General Services Fund Group

54345

Section 43.  CDR COMMISSION ON DISPUTE RESOLUTION AND	54351

CONFLICT MANAGEMENT

54352

General Revenue Fund

54353

General Services Fund Group

54356

Federal Special Revenue Fund Group

54360

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

54364

The foregoing appropriation item 145-401, Commission on	54365
Dispute Resolution/Management, shall be used in each fiscal year	54366
by the Commission on Dispute Resolution and Conflict Management	54367
for the purpose of providing dispute resolution and conflict	54368
management training, consultation, and materials for state and	54369
local government, communities, school districts, and courts and,	54370
in consultation with the Department of Education, for the purpose	54371
of offering competitive school conflict programs to school	54372
districts.	54373

The Commission shall assist the Department of Education in	54374
the development and dissemination of the school conflict	54375
management programs to school districts.	54376

Section 44.  EDU DEPARTMENT OF EDUCATION

54377

General Revenue Fund

54378

General Services Fund Group

54433

Federal Special Revenue Fund Group

54442

State Special Revenue Fund Group

54471

Lottery Profits Education Fund Group

54481

Section 44.01. MAINTENANCE AND EQUIPMENT

54488

Of the foregoing appropriation item 200-320, Maintenance and	54489
Equipment, up to $25,000 may be expended in each year of the	54490
biennium for State Board of Education out-of-state travel.	54491

Section 44.02.  HEAD START

54492

No later than July 15, 2001, the Director of Budget and	54493
Management shall transfer $76,156,175 from Fund 3W6, TANF	54494
Education, to the General Revenue Fund. No later than July 15,	54495
2002, the Director of Budget and Management shall transfer	54496
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	54497
Fund. The transferred funds are appropriated for the appropriation	54498
item 200-406, Head Start. The foregoing appropriation item	54499
200-406, Head Start, includes transferred funds of $76,156,175 in	54500
fiscal year 2002 and $98,843,825 in fiscal year 2003.	54501

Of the foregoing appropriation item 200-406, Head Start,	54502
$100,000 per fiscal year shall be used for the Read Baby Read Book	54503
Club Program.	54504

The remainder of foregoing appropriation item 200-406, Head	54505
Start, shall be distributed by the Department of Education to Head	54506
Start agencies. A "Head Start agency" means an entity that has	54507
been approved to be an agency in accordance with Section 641 (42	54508
U.S.C. 9836) of the Head Start Act and amendments thereto, or an	54509
entity designated for state Head Start funding under this section.	54510
Participation in state-funded Head Start programs is voluntary.	54511

Moneys distributed under this heading shall not be used to	54512
reduce expenditures from funds received by a Head Start agency	54513
from any other sources. Section 3301.31 of the Revised Code does	54514
not apply to funds distributed under this heading. In lieu of	54515
section 3301.31 of the Revised Code, distribution of moneys under	54516
this heading shall be as follows:	54517

(A) In fiscal years 2002 and 2003, up to two per cent of the	54518
appropriation may be used by the department for administrative	54519
costs of complying with this section; developing program capacity;	54520
and assisting programs with facilities planning, construction,	54521
renovation, or lease agreements in combination with the Community	54522
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	54523
2002 and up to $1,560,600 in fiscal year 2003 may be used for the	54524
services of literacy specialist and training in early literacy for	54525
Head Start classroom teachers and administrators to support the	54526
OhioReads Initiative.	54527

(B) The department shall provide an annual report to the	54528
Governor, the Speaker of the House of Representatives, the	54529
President of the Senate, the State Board of Education, Head Start	54530
grantees, and other interested parties. The report shall include	54531
the following:	54532

(1) The number and per cent of eligible children by county	54533
and by grantee;	54534

(2) The amount of state funds received for continuation per	54535
grantee;	54536

(3) A summary of program performance on the state critical	54537
performance indicators;	54538

(4) A summary of developmental progress of children	54539
participating in the state-funded Head Start program;	54540

(5) Any other data reflecting the performance of Head Start	54541
that the department considers pertinent.	54542

(C) For purposes of this section, "eligible child" means a	54543
child who is at least three years of age and not of compulsory	54544
school age whose family earns no more than 100 per cent of the	54545
federal poverty level, except as otherwise provided in this	54546
division.	54547

The Department of Education, in consultation with Head Start	54548
grantees or their designated representatives, shall establish	54549
criteria under which individual Head Start grantees may apply to	54550
the department for a waiver to include as "eligible children"	54551
those children from families earning up to 185 per cent of the	54552
federal poverty level when the children otherwise qualify as	54553
"eligible children" under this division.	54554

In order to serve children whose families receive child care	54555
subsidy and whose incomes do not exceed 185 per cent of the	54556
federal poverty guidelines, Head Start grantees may enroll	54557
children whose families receive child care subsidy from the Ohio	54558
Department of Job and Family Services. Head Start grantees	54559
providing full-day, full-year comprehensive services, or otherwise	54560
meeting the child care needs of working families, may partner with	54561
child care centers or family day care homes or may access child	54562
care subsidy directly. This provision is to meet the child care	54563
needs of low-income families who are working, in training or	54564
education programs, or participating in Ohio Works First appproved	54565
activities.	54566

(D) After setting aside amounts to make any payments due	54567
from the prior fiscal year, in fiscal years 2002 and 2003, funds	54568
shall only be distributed to recipients of Head Start funds during	54569
the preceding fiscal year. Awards under this division shall be	54570
based on a per-pupil formula prescribed by the Department of	54571
Education and may be adjusted for one-time start-up costs, actual	54572
months of program operation, or the number of children enrolled	54573
and receiving services, as defined by the Department of Education,	54574
reported during the first full week of December, and may be	54575
increased by a reasonable percentage for inflation to be	54576
determined by the Department of Education and in accordance with	54577
this section. The department may redistribute dollars to programs	54578
demonstrating an unmet need based on updated assessments of family	54579
needs and community resources. In fiscal years 2002 and 2003, the	54580
department may authorize recipients to carry over funds to the	54581
subsequent fiscal year.	54582

The department may reallocate unobligated or unspent money to	54583
participating Head Start agencies for: (1) facilities planning	54584
grants and to leverage construction, renovation, or lease	54585
agreements and for repair of critical deferred maintenance and	54586
safety items in combination with the CDFF; (2) teacher	54587
professional development and enhanced compensation in order to	54588
meet the requirements of section 3301.311 of the Revised Code; (3)	54589
meeting the documentation and reporting requirements and for	54590
technical support in accordance with division (F) of this section;	54591
and (4) expansion, improvement, or special projects to promote	54592
excellence and innovation.	54593

(E) Costs for developing and administering a Head Start	54594
program may not exceed fifteen per cent of the total approved	54595
costs of the program.	54596

All recipients of funds shall maintain such fiscal control	54597
and accounting procedures as may be necessary to ensure the	54598
disbursement of, and accounting for, these funds. The control of	54599
funds provided in this program, and title to property obtained	54600
therefrom, shall be under the authority of the approved recipient	54601
for purposes provided in the program. The approved recipient	54602
shall administer and use such property and funds for the purposes	54603
specified.	54604

Each recipient shall furnish the department an annual audit	54605
that includes the review of state funds received under this	54606
section.	54607

In conjunction with the required audit of federal Head Start	54608
funds, the independent auditor shall examine state Head Start	54609
funds in accordance with the federal regulations and agreed-upon	54610
state procedures formulated by the department.	54611

(F) The department shall prescribe target levels for	54612
critical performance indicators for the purpose of assessing Head	54613
Start programs. On-site reviews and follow-up visits shall be	54614
based on grantee progress in meeting the prescribed target levels.	54615

The Department of Education, in consultation with the	54616
interested parties, including the state Department of Job and	54617
Family Services, shall develop the criteria to be used by Head	54618
Start grantees and delegate agencies with developing partnership	54619
agreements.	54620

The department may audit a Head Start agency's financial and	54621
program records. Head Start agencies that have financial	54622
practices not in accordance with standard accounting principles,	54623
that fail to substantially meet the Head Start performance	54624
standards, or that exhibit below-average performance shall be	54625
subject to an on-site review.	54626

The department shall require corrective plans of action for	54627
programs not achieving target levels or financial and program	54628
standards. Action plans shall include activities to be conducted	54629
by the grantee and timelines for activities to be completed and	54630
timelines for additional data submission to the department	54631
demonstrating targets have been met. The Policy Council	54632
chairperson and the appropriate grantee board official shall sign	54633
the corrective plans of action.	54634

Head Start programs not meeting performance targets in	54635
accordance with the plan of action and prescribed timelines may	54636
have their funding reduced until targets are met, or have all	54637
state funds withdrawn.	54638

The department shall require school districts to collect	54639
"preschool" information by program type. All data shall be	54640
reported via the Education Management Information System (EMIS).	54641

(G) The department shall develop prekindergarten reading and	54642
mathematics content standards and model curricula. These	54643
standards and curricula shall be made available to grantees. Head	54644
Start grantees delegate agencies, and child care partners shall	54645
document child progress, using a common instrument prescribed by	54646
the department, and report results annually. The department shall	54647
determine the dates for documenting and reporting.	54648

(H) In either event, the grantee and delegate shall transfer	54649
control of title to property, equipment, and remaining supplies	54650
obtained through this program to the newly designated grantee and	54651
return any unexpended funds to the department along with any	54652
reports prescribed by the department.	54653

Section 3313.646 of the Revised Code does not apply to funds	54654
distributed under this section.	54655

(I) It is the intent of the General Assembly that	54656
appropriations for appropriation items 200-406, Head Start, and	54657
200-408, Public Preschool, be available for transfer between Head	54658
Start and public preschool programs so that unallocated funds may	54659
be used between the two programs.	54660

(J) The Department of Education shall comply with all TANF	54661
requirements, including reporting requirements and timelines, as	54662
specified in state and federal laws, federal regulations, state	54663
rules, and the Title IV-A state plan, and is responsible for	54664
payment of any adverse audit finding, final disallowance of	54665
federal financial participation, or other sanction or penalty	54666
issued by the federal government or other entity concerning these	54667
funds. Having met all of the above requirements, the Department	54668
shall have the authority to administer these funds in accordance	54669
with its own rules and guidelines, including grant administration	54670
procedures.	54671

Section 44.03. PUBLIC PRESCHOOL	54672

The Department of Education shall distribute the foregoing	54673
appropriation item 200-408, Public Preschool, to pay the costs of	54674
comprehensive preschool programs. As used in this section,	54675
"school district" means a city, local, exempted village, or joint	54676
vocational school district, or an educational service center.	54677

(A) In fiscal years 2002 and 2003, up to two per cent of the	54678
total appropriation may be used by the department for	54679
administrative costs of complying with this section; developing	54680
program capacity; and assisting programs with facilities planning,	54681
construction, renovation, or lease agreements in conjunction with	54682
the Community Development Finance Fund (CDFF).	54683

(B) The department shall provide an annual report to the	54684
Governor, the Speaker of the House of Representatives, the	54685
President of the Senate, the State Board of Education, Head Start	54686
grantees, and other interested parties. The report shall include:	54687

(1) The number and per cent of eligible children by county	54688
and by school district;	54689

(2) The amount of state funds requested for continuation per	54690
school district;	54691

(3) The amount of state funds received for continuation per	54692
school district;	54693

(4) A summary of program performance on the state critical	54694
performance indicators in the public preschool program;	54695

(5) A summary of developmental progress of children	54696
participating in the state-funded public preschool program;	54697

(6) Any other data reflecting the performance of public	54698
preschool programs that the department considers pertinent.	54699

(C) For purposes of this section, "eligible child" means a	54700
child who is at least three years of age whose family earns no	54701
more than 185 per cent of the federal poverty level.	54702

The Department of Education, in consultation with the	54703
Department of Job and Family Services, interested parties, and	54704
Head Start agencies shall formulate a method for determining an	54705
estimate of the number of eligible children and the percentage	54706
served by grantees in each county.	54707

(D) After setting aside amounts to make any payments due	54708
from the prior fiscal year, in fiscal years 2002 and 2003, funds	54709
shall first be distributed to recipients of funds during the	54710
preceding fiscal year. Awards under this division may be reduced	54711
by the amount received in that fiscal year for one-time start-up	54712
costs and may be adjusted for actual months of program operation	54713
or enrollment as reported during the first full week of December,	54714
and may be increased by a reasonable percentage to be determined	54715
by the Department of Education. The department may redistribute	54716
dollars to programs demonstrating an unmet need based on updated	54717
assessments of family needs and community resources, with special	54718
attention to the projected impact of welfare reform. In fiscal	54719
years 2002 and 2003, the department may authorize recipients to	54720
carry over funds to the subsequent fiscal year.	54721

The department may reallocate unobligated or unspent money to	54722
participating school districts for purposes of program expansion,	54723
improvement, or special projects to promote excellence and	54724
innovation.	54725

(E) Costs for developing and administering a preschool	54726
program may not exceed fifteen per cent of the total approved	54727
costs of the program.	54728

All recipients of funds shall maintain such fiscal control	54729
and accounting procedures as may be necessary to ensure the	54730
disbursement of, and accounting for, these funds. The control of	54731
funds provided in this program, and title to property obtained	54732
therefrom, shall be under the authority of the approved recipient	54733
for purposes provided in the program. The approved recipient	54734
shall administer and use such property and funds for the purposes	54735
specified.	54736

(F) The department shall prescribe target levels for	54737
critical performance indicators for the purpose of assessing	54738
public preschool programs. On-site reviews and follow-up visits	54739
shall be based on progress in meeting the prescribed target	54740
levels.	54741

The department may audit a school district's preschool	54742
financial and program records. School districts that have	54743
financial practices not in accordance with standard accounting	54744
principles, that operate preschool programs that fail to	54745
substantially meet the Head Start performance standards, or that	54746
exhibit below-average performance shall be subject to an on-site	54747
review.	54748

The department shall require corrective plans of action for	54749
programs not achieving target levels or financial and program	54750
standards. Action plans shall include activities to be conducted	54751
by the grantee and timelines for activities to be completed and	54752
timelines for additional data submission to the department	54753
demonstrating that targets have been met. The appropriate school	54754
board official shall sign the corrective plans of action.	54755

Public preschool programs not meeting performance targets in	54756
accordance with the plan of action and prescribed timelines may	54757
have their continuation funding reduced, be disqualified for	54758
expansion consideration until targets are met, or have all state	54759
funds withdrawn and a new program established.	54760

(G) The department shall require public preschool programs	54761
to document child progress, using a common instrument prescribed	54762
by the department, and report results annually. The department	54763
shall determine the dates for documenting and reporting.	54764

The State Board of Education shall adopt rules addressing the	54765
use of screening and assessment data, including, but not limited	54766
to, all of the following:	54767

(1) Protection of the identity of individual children	54768
through assignment of a unique but not personally identifiable	54769
code;	54770

(2) Parents' rights;

54771

(3) Use of the data by school personnel as it relates to	54772
kindergarten entrance.	54773

(H) Each school district shall develop a sliding fee scale	54774
based on family incomes in the district and shall charge families	54775
who earn more than the federal poverty level for preschool.	54776

(I) It is the intent of the General Assembly that	54777
appropriations for appropriation items 200-406, Head Start, and	54778
200-408, Public Preschool, be available for transfer between Head	54779
Start and Public Preschool programs so that unallocated funds may	54780
be used between the two programs.	54781

Section 44.04. PROFESSIONAL DEVELOPMENT

54782

Of the foregoing appropriation item 200-410, Professional	54783
Development, $5,997,829 in each fiscal year shall be used by the	54784
Department of Education to develop a statewide comprehensive	54785
system of twelve professional development centers that support	54786
local educators' ability to foster academic achievement in the	54787
students they serve. The centers shall include training teachers	54788
on site-based management concepts to encourage teachers to become	54789
involved in the management of their schools.	54790

Of the foregoing appropriation item 200-410, Professional	54791
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in	54792
fiscal year 2003 shall be used by the Department of Education to	54793
pay the application fee for teachers from public and chartered	54794
nonpublic schools applying to the National Board for Professional	54795
Teaching Standards for professional teaching certificates or	54796
licenses that the board offers, and to provide grants in each	54797
fiscal year to recognize and reward teachers who become certified	54798
by the board pursuant to section 3319.55 of the Revised Code, and	54799
up to $300,000 in each fiscal year of this set-aside may be used	54800
to pay for costs associated with activities to support candidates	54801
through the application and certification process.	54802

These moneys shall be used to pay for the first 900	54803
applications in fiscal year 2002 and up to the first 550	54804
applications in fiscal year 2003 received by the department. Each	54805
prospective applicant for certification or licensure shall submit	54806
an application to the Department of Education. When the	54807
department has collected a group of applications, but not later	54808
than 30 days after receipt of the first application in a group, it	54809
shall send the applications to the National Board for Professional	54810
Teaching Standards along with a check to cover the cost of the	54811
application fee for all applicants in that group.	54812

Of the foregoing appropriation item 200-410, Professional	54813
Development, up to $8,296,000 in fiscal year 2002 and up to	54814
$19,387,750 in fiscal year 2003 shall be allocated for entry year	54815
programs. These funds shall be used to support mentoring services	54816
of beginning teachers, including chartered nonpublic beginning	54817
teachers. In fiscal year 2002, the Department of Education shall	54818
select eligible beginning teachers to participate in a year-long	54819
entry year program that provides mentoring by experienced school	54820
and university faculty and Praxis III teacher performance	54821
assessment. In fiscal year 2003, the program shall also include	54822
the assessment of all beginning teachers with the Education	54823
Testing Service's Praxis III examination.	54824

Of the foregoing appropriation item 200-410, Professional	54825
Development, up to $650,000 in each fiscal year shall be used to	54826
continue Ohio leadership academies to develop and train	54827
superintendents in new leadership and management practices to	54828
support high performance schools. This training shall be	54829
coordinated with other locally administered leadership programs.	54830

Of the foregoing appropriation item 200-410, Professional	54831
Development, up to $850,000 in each fiscal year shall be used to	54832
support the Ohio Principal's Leadership Academy that will serve	54833
principals and their staff teams. An advisory panel comprised of	54834
national business and education experts shall advise the	54835
Department of Education on content and delivery of curriculum and	54836
instruction.	54837

Of the foregoing appropriation item 200-410, Professional	54838
Development, up to $975,000 in each fiscal year shall be used to	54839
establish an entry year program for principals, including for	54840
chartered nonpublic principals. Grants in fiscal year 2002 shall	54841
be issued to pilot sites that shall develop prototypes of the	54842
program in a variety of contexts. These sites also shall pilot	54843
the School Leaders Licensure Assessment, which was developed by	54844
the Educational Testing Service at a cost of $450 per assessment.	54845
Funds in fiscal year 2003 shall be used to implement an entry year	54846
program for principals.	54847

Of the foregoing appropriation item 200-410, Professional	54848
Development, up to $500,000 in each fiscal year shall be used by	54849
the Rural Appalachian Initiative to create professional	54850
development academies for teachers, principals, and	54851
superintendents in the Appalachian region. No funding shall be	54852
released prior to the Department of Education receiving a	54853
satisfactory report of the activities conducted by these	54854
professional development academies during the previous year.	54855

Of the foregoing appropriation item 200-410, Professional	54856
Development, up to $250,000 in fiscal year 2002 and up to $350,000	54857
in fiscal year 2003 shall be used to support a Teacher Recognition	54858
Program. Funds awarded shall be used to recognize exemplary	54859
performance and support the professional development of educators	54860
across the educator life-cycle continuum, and may also be used to	54861
support the implementation of an educator-in-residence program.	54862

Of the foregoing appropriation item 200-410, Professional	54863
Development, up to $25,000 in each fiscal year shall be used by	54864
the Ohio Teacher Education and Certification Commission to carry	54865
out the responsibilities of the 21-member Ohio Teacher Education	54866
and Certification Advisory Commission. The advisory commission is	54867
charged by the State Board of Education with considering all	54868
matters related to educator preparation and licensure, including	54869
standards for educator preparation and licensure, approval of	54870
institutions and programs, and recommending consideration of	54871
decisions to the State Board.	54872

Of the foregoing appropriation item 200-410, Professional	54873
Development, up to $75,000 in each fiscal year shall be used to	54874
support the Ohio University Leadership Program.	54875

Section 44.05.  FAMILY AND CHILDREN FIRST

54876

(A) Of the foregoing appropriation item 200-411, Family and	54877
Children First, the Department of Education shall transfer up to	54878
$3,677,188 in each fiscal year by intrastate transfer voucher to	54879
the Department of Mental Retardation and Developmental	54880
Disabilities. These funds shall be spent on direct grants to	54881
county family and children first councils created under section	54882
121.37 of the Revised Code. The funds shall be used as partial	54883
support payment and reimbursement for locally coordinated	54884
treatment plans for multineeds children that come to the attention	54885
of the Family and Children First Cabinet Council pursuant to	54886
section 121.37 of the Revised Code. The treatment plans shall	54887
include strategies to address each child's academic achievement.	54888
The Department of Mental Retardation and Developmental	54889
Disabilities shall administer the distribution of the direct	54890
grants to the county councils. The Department of Mental	54891
Retardation and Developmental Disabilities may use up to five per	54892
cent of this amount for administrative expenses associated with	54893
the distribution of funds to the county councils.	54894

(B) Of the foregoing appropriation item 200-411, Family and	54895
Children First, up to $1,775,000 in each fiscal year shall be used	54896
as administrative grants to county family and children first	54897
councils to provide a portion of the salary and fringe benefits	54898
necessary to fund county council coordinators, administrative	54899
support, training, or parental involvement. The total initial	54900
grant under this provision to any county family and children first	54901
council shall not exceed $20,000. In the event that not all	54902
counties in the state have established a county council, at the	54903
beginning of the fourth quarter of a fiscal year, any remaining	54904
funds to be used as administrative grants may be redirected by the	54905
Family and Children First Cabinet Council to other priorities and	54906
activities. Up to $15,000 of the $1,775,000 in each fiscal year	54907
shall be used by the Family and Children First Cabinet Council for	54908
administrative costs, including stipends to family representatives	54909
participating in approved activities of the initiative,	54910
educational and informational forums, and technical assistance to	54911
local family and children first councils.	54912

(C) Of the foregoing appropriation item 200-411, Family and	54913
Children First, up to $5,190,000 in each fiscal year shall be used	54914
to fund school-based or school-linked school readiness resource	54915
centers in school districts where there is a concentration of risk	54916
factors to school readiness and success, including indicators of	54917
poverty, health, and family stability. The purpose of these	54918
centers is to assist in providing services to families of	54919
school-age children who want and need support.	54920

School readiness resource centers shall be located in each of	54921
the state's 21 urban school districts as defined in division (O)	54922
of section 3317.02 of the Revised Code, as that section existed	54923
prior to July 1, 1998. The Ohio Family and Children First Cabinet	54924
Council, in consultation with the Department of Education and	54925
school districts, shall identify individual schools based on	54926
quantitative and qualitative factors that reflect both the need	54927
for school readiness resource centers and the local capacity for	54928
redesigning, as necessary, a delivery system of family support	54929
services. The council and the Department of Education shall	54930
organize and provide technical assistance to the school districts	54931
and communities in planning, developing, and implementing the	54932
centers. The council shall also negotiate a performance agreement	54933
that details required program characteristics, service options,	54934
and expected results.	54935

Each urban school district and community may receive up to	54936
$240,000 to maintain three school readiness resource centers that	54937
are located in or linked to elementary, middle, and high school	54938
sites that are connected by student assignment patterns within the	54939
school districts. Each school district shall work with a	54940
representative of the local family and children first council and	54941
a representative cross-section of families and community leaders	54942
in the district to operate the school readiness resource centers	54943
based upon conditions agreed to in the performance agreement	54944
negotiated with the cabinet council.	54945

Up to $50,000 in each fiscal year may be used by the Ohio	54946
Family and Children First Cabinet Council for an evaluation of the	54947
effectiveness of the school readiness resource centers. Up to	54948
$100,000 in each fiscal year may be used by the cabinet council to	54949
approve technical assistance and oversee the implementation of the	54950
centers. The administration and management of the school	54951
readiness resource centers may be contracted out through a	54952
competitive bidding process established by the cabinet council in	54953
consultation with the Department of Education.	54954

Section 44.06. VOCATIONAL EDUCATION MATCH

54955

The foregoing appropriation item 200-416, Vocational	54956
Education Match, shall be used by the Department of Education to	54957
provide vocational administration matching funds pursuant to 20	54958
U.S.C. 2311.	54959

TECHNICAL SYSTEMS DEVELOPMENT

54960

The foregoing appropriation item 200-420, Technical Systems	54961
Development, shall be used to support the development and	54962
implementation of information technology solutions designed to	54963
improve the performance and customer service of the Department of	54964
Education. Funds may be used for personnel, maintenance, and	54965
equipment costs related to the development and implementation of	54966
these technical system projects. Implementation of these systems	54967
shall allow the department to provide greater levels of assistance	54968
to school districts and to provide more timely information to the	54969
public, including school districts, administrators, and	54970
legislators.	54971

ALTERNATIVE EDUCATION PROGRAMS

54972

There is hereby created the Alternative Education Advisory	54973
Council, which shall consist of one representative from each of	54974
the following agencies: the Ohio Department of Education; the	54975
Department of Youth Services; the Ohio Department of Alcohol and	54976
Drug Addiction Services; the Department of Mental Health; the	54977
Office of the Governor or, at the Governor's discretion, the	54978
Office of the Lieutenant Governor; and the Office of the Attorney	54979
General.	54980

Of the foregoing appropriation item 200-421, Alternative	54981
Education Programs, not less than $9,253,031 in each fiscal year	54982
shall be used for the renewal of successful implementation grants	54983
and for competitive matching grants to the 21 urban school	54984
districts as defined in division (O) of section 3317.02 of the	54985
Revised Code as it existed prior to July 1, 1998, and not less	54986
than $9,253,031 in each fiscal year shall be used for the renewal	54987
of successful implementation of grants and for competitive	54988
matching grants to rural and suburban school districts for	54989
alternative educational programs for existing and new at-risk and	54990
delinquent youth. Programs shall be focused on youth in one or	54991
more of the following categories: those who have been expelled or	54992
suspended, those who have dropped out of school or who are at risk	54993
of dropping out of school, those who are habitually truant or	54994
disruptive, or those on probation or on parole from a Department	54995
of Youth Services facility. Grants shall be awarded according to	54996
the criteria established by the Alternative Education Advisory	54997
Council in 1999. Grants shall be awarded only to programs where	54998
the grant would not serve as the program's primary source of	54999
funding. These grants shall be administered by the Department of	55000
Education. Of the set-aside for the 21 urban school districts,	55001
$1,000,000 in each fiscal year shall be used for programs where	55002
the minimum length of each student's assignment is 90 days in	55003
length.	55004

The Department of Education may waive compliance with any	55005
minimum education standard established under section 3301.07 of	55006
the Revised Code for any alternative school that receives a grant	55007
under this section on the grounds that the waiver will enable the	55008
program to more effectively educate students enrolled in the	55009
alternative school.	55010

Of the foregoing appropriation item 200-421, Alternative	55011
Education Programs, up to $480,552 in each fiscal year may be used	55012
for program administration, monitoring, technical assistance,	55013
support, research, and evaluation. Any unexpended balance may be	55014
used to provide additional matching grants to urban, suburban, or	55015
rural school districts as outlined above.	55016

Of the foregoing appropriation item 200-421, Alternative	55017
Education Programs, $313,386 in each fiscal year shall be used to	55018
contract with the Center for Learning Excellence at The Ohio State	55019
University to provide technical support for the project and the	55020
completion of formative and summative evaluation of the grants.	55021

Of the foregoing appropriation item 200-421, Alternative	55022
Education Programs, up to $700,000 in each fiscal year shall be	55023
used to support Amer-I-Can. Of this set aside, no funds shall be	55024
disbursed without approval of the Controlling Board. Amer-I-Can	55025
programs shall submit to the Controlling Board a biennial spending	55026
plan that delineates how these funds will be spent. Amer-I-can	55027
programs also shall demonstrate to the Controlling Board that they	55028
have hired an independent evaluator and have selected valid and	55029
reliable instruments to assess pre and post changes in student	55030
behavior.	55031

SCHOOL MANAGEMENT ASSISTANCE

55032

Of the foregoing appropriation item 200-422, School	55033
Management Assistance, $700,000 in fiscal year 2002 and $400,000	55034
in fiscal year 2003 shall be used by the Auditor of State for	55035
expenses incurred in the Auditor of State's role relating to	55036
fiscal caution activities as defined in Chapter 3316. of the	55037
Revised Code. Expenses include duties related to the completion of	55038
performance audits for school districts that the Superintendent of	55039
Public Instruction determines are employing fiscal practices or	55040
experiencing budgetary conditions that could produce a state of	55041
fiscal watch or fiscal emergency.	55042

The remainder of foregoing appropriation item 200-422, School	55043
Management Assistance, shall be used by the Department of	55044
Education to provide fiscal technical assistance and inservice	55045
education for school district management personnel and to	55046
administer, monitor, and implement the fiscal watch and fiscal	55047
emergency provisions under Chapter 3316. of the Revised Code.	55048

POLICY ANALYSIS

55049

The foregoing appropriation item 200-424, Policy Analysis,	55050
shall be used by the Department of Education to support a system	55051
of administrative, statistical, and legislative education	55052
information to be used for policy analysis. Staff supported by	55053
this appropriation shall administer the development of reports,	55054
analyses, and briefings to inform education policymakers of	55055
current trends in education practice, efficient and effective use	55056
of resources, and evaluation of programs to improve education	55057
results. The database shall be kept current at all times. These	55058
research efforts shall be used to supply information and analysis	55059
of data to the General Assembly and other state policymakers,	55060
including the Office of Budget and Management and the Legislative	55061
Service Commission.	55062

The Department of Education may use funding from this	55063
appropriation item to purchase or contract for the development of	55064
software systems or contract for policy studies that will assist	55065
in the provision and analysis of policy-related information.	55066
Funding from this appropriation item also may be used to monitor	55067
and enhance quality assurance for research-based policy analysis	55068
and program evaluation to enhance the effective use of education	55069
information to inform education policymakers.	55070

TECH PREP ADMINISTRATION

55071

The foregoing appropriation item 200-425, Tech Prep	55072
Administration, shall be used by the Department of Education to	55073
support state-level activities designed to support, promote, and	55074
expand tech prep programs. Use of these funds shall include, but	55075
not be limited to, administration of grants, program evaluation,	55076
professional development, curriculum development, assessment	55077
development, program promotion, communications, and statewide	55078
coordination of tech prep consortia.	55079

OHIO EDUCATIONAL COMPUTER NETWORK

55080

The foregoing appropriation item 200-426, Ohio Educational	55081
Computer Network, shall be used by the Department of Education to	55082
maintain a system of information technology throughout Ohio and to	55083
provide technical assistance for such a system in support of the	55084
State Education Technology Plan pursuant to section 3301.07 of the	55085
Revised Code.	55086

Of the foregoing appropriation item 200-426, Ohio Educational	55087
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	55088
$21,188,334 in fiscal year 2003 shall be used by the Department of	55089
Education to support connection of all public school buildings to	55090
the state's education network, to each other, and to the Internet.	55091
In each fiscal year the Department of Education shall use these	55092
funds to help reimburse data acquisition sites or school districts	55093
for the operational costs associated with this connectivity. The	55094
Department of Education shall develop a formula and guidelines for	55095
the distribution of these funds to the data acquisition sites or	55096
individual school districts. As used in this section, "public	55097
school building" means a school building of any city, local,	55098
exempted village, or joint vocational school district, or any	55099
community school established under Chapter 3314. of the Revised	55100
Code, or any educational service center building used for	55101
instructional purposes.	55102

Of the foregoing appropriation item 200-426, Ohio Educational	55103
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	55104
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	55105
and InfOhio Network.	55106

The Department of Education shall use up to $4,590,000 in	55107
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	55108
assist designated data acquisition sites with operational costs	55109
associated with the increased use of the state's education network	55110
by chartered nonpublic schools. The Department of Education shall	55111
develop a formula and guidelines for distribution of these funds	55112
to designated data acquisition sites.	55113

The remainder in each fiscal year of appropriation item	55114
200-426, Ohio Educational Computer Network, shall be used to	55115
support development, maintenance, and operation of a network of	55116
uniform and compatible computer-based information and	55117
instructional systems. The technical assistance shall include, but	55118
not be restricted to, development and maintenance of adequate	55119
computer software systems to support network activities. Program	55120
funds may be used, through a formula and guidelines devised by the	55121
department, to subsidize the activities of not more than 24	55122
designated data acquisition sites, as defined by State Board of	55123
Education rules, to provide school districts and chartered	55124
nonpublic schools with computer-based student and teacher	55125
instructional and administrative information services, including	55126
approved computerized financial accounting, and to ensure the	55127
effective operation of local automated administrative and	55128
instructional systems. To broaden the scope of the use of	55129
technology for education, the department may use up to $250,000 in	55130
each fiscal year to coordinate the activities of the computer	55131
network with other agencies funded by the department or the state.	55132
In order to improve the efficiency of network activities, the	55133
department and data acquisition sites may jointly purchase	55134
equipment, materials, and services from funds provided under this	55135
appropriation for use by the network and, when considered	55136
practical by the department, may utilize the services of	55137
appropriate state purchasing agencies.	55138

ACADEMIC STANDARDS

55139

The foregoing appropriation item 200-427, Academic Standards,	55140
shall be used by the Department of Education to develop and	55141
disseminate academic content standards. These funds shall be used	55142
to develop academic content standards and curriculum models and to	55143
fund communication of expectations to teachers, school districts,	55144
parents, and communities.	55145

Section 44.07.  SCHOOL IMPROVEMENT INITIATIVES

55146

Of the foregoing appropriation item 200-431, School	55147
Improvement Initiatives, up to $3,700,000 in fiscal year 2002	55148
shall be used to continue previously awarded venture capital	55149
grants of $25,000 to 148 schools and up to $975,000 in fiscal year	55150
2003 shall be used to continue previously awarded venture capital	55151
grants of $25,000 to 39 schools.	55152

Of the foregoing appropriation item 200-431, School	55153
Improvement Initiatives, $4,500,000 in fiscal year 2002 and	55154
$5,000,000 in fiscal year 2003 shall be used for the development	55155
and distribution of school report cards pursuant to section	55156
3302.03 of the Revised Code, for the development of core	55157
competencies for the proficiency tests, and to support the	55158
recommendations of the Governor's Commission for Student Success.	55159

Of the foregoing appropriation item 200-431, School	55160
Improvement Initiatives, $7,500,000 in fiscal year 2002 and	55161
$8,500,000 in fiscal year 2003 shall be used to provide technical	55162
assistance to school districts that are declared to be in a state	55163
of academic watch or academic emergency under section 3302.03 of	55164
the Revised Code to develop their continuous improvement plans as	55165
required in section 3302.04 of the Revised Code.	55166

Of the foregoing appropriation item 200-431, School	55167
Improvement Initiatives, up to $150,000 in each fiscal year shall	55168
be used to support a teacher-in-residence at the Governor's office	55169
and related support staff, travel expenses, and administrative	55170
overhead.	55171

SCHOOL CONFLICT MANAGEMENT

55172

Of the foregoing appropriation item 200-432, School Conflict	55173
Management, amounts shall be used by the Department of Education	55174
for the purpose of providing dispute resolution and conflict	55175
management training, consultation, and materials for school	55176
districts, and for the purpose of providing competitive school	55177
conflict management grants to school districts.	55178

The Department of Education shall assist the Commission on	55179
Dispute Resolution and Conflict Management in the development and	55180
dissemination of the school conflict management program. The	55181
assistance provided by the Department of Education shall include	55182
the assignment of a full-time employee of the department to the	55183
Commission on Dispute Resolution and Conflict Management to	55184
provide technical and administrative support to maximize the	55185
quality of dispute resolution and conflict management programs and	55186
services provided to school districts.	55187

Of the foregoing appropriation item 200-432, School Conflict	55188
Management, up to $5,000 in fiscal year 2002 shall be used to	55189
support the Character Council Initiative. The Initiative works to	55190
instill character and values at all levels in the community.	55191

READING/WRITING IMPROVEMENT

55192

Of the foregoing appropriation item 200-433, Reading/Writing	55193
Improvement, up to $12,396,970 in each fiscal year shall be used	55194
for professional development in literacy for classroom teachers,	55195
administrators, and literacy specialists.	55196

Of the foregoing appropriation item 200-433, Reading/Writing	55197
Improvement, up to $1,780,268 in fiscal year 2002 and up to	55198
$1,815,874 in fiscal year 2003 shall be used by the Department of	55199
Education to fund the Reading Recovery Training Network, to cover	55200
the cost of release time for the teacher trainers, and to provide	55201
grants to districts to implement other reading improvement	55202
programs on a pilot basis. Funds for this appropriation item may	55203
also be used to conduct evaluations of the impact and	55204
effectiveness of Reading Recovery and other reading improvement	55205
programs.	55206

Of the foregoing appropriation item 200-433, Reading/Writing	55207
Improvement, $250,000 in each fiscal year shall be used to	55208
continue the Waterford Early Reading program.	55209

The remainder of appropriation item 200-433, Reading/Writing	55210
Improvement, shall be used by the Department of Education to	55211
develop and support reading and writing improvement programs by	55212
providing a common assessment/profile instrument for elementary	55213
school buildings, literacy specialist support and training	55214
programs, and incentives for teachers to complete professional	55215
development programs.	55216

STUDENT ASSESSMENT

55217

The foregoing appropriation item 200-437, Student Assessment,	55218
shall be used to develop, field test, print, distribute, score,	55219
and report results from the tests required under sections	55220
3301.0710 and 3301.0711 of the Revised Code and for similar	55221
purposes as required by section 3301.27 of the Revised Code.	55222

SAFE SCHOOLS

55223

Of the foregoing appropriation item 200-438, Safe Schools,	55224
$230,000 in each fiscal year shall be used for the development and	55225
operation of a Safe Schools Center. The Department of Education	55226
shall oversee the creation of a center to serve as a coordinating	55227
entity to assist school district personnel, parents, juvenile	55228
justice representatives, and law enforcement in identifying	55229
effective strategies and services for improving school safety and	55230
reducing threats to the security of students and school personnel.	55231

Of the foregoing appropriation item 200-438, Safe Schools, up	55232
to $1,800,000 in each fiscal year shall be used for a safe-school	55233
help line program for students, parents, and the community to	55234
report threats to the safety of students or school personnel. The	55235
Department of Education shall establish criteria to distribute	55236
these funds to school districts whose superintendents indicate the	55237
program would be a meaningful aid to school security.	55238

Of the foregoing appropriation item 200-438, Safe Schools, up	55239
to $20,000 in each fiscal year may be used by schools for the	55240
Eddie Eagle Gun Safety Pilot Program. School districts wishing to	55241
participate in the pilot program shall apply to the Department of	55242
Education under guidelines established by the Superintendent of	55243
Public Instruction.	55244

AMERICAN SIGN LANGUAGE

55245

Of the foregoing appropriation item 200-441, American Sign	55246
Language, up to $153,000 in fiscal year 2002 and up to $156,060	55247
in fiscal year 2003 shall be used to implement pilot projects for	55248
the integration of American Sign Language deaf language into the	55249
kindergarten through twelfth-grade curriculum.	55250

The remainder of the appropriation shall be used by the	55251
Department of Education to provide supervision and consultation to	55252
school districts in dealing with parents of handicapped children	55253
who are deaf or hard of hearing, in integrating American Sign	55254
Language as a foreign language, and in obtaining interpreters and	55255
improving their skills.	55256

CHILD CARE LICENSING

55257

The foregoing appropriation item 200-442, Child Care	55258
Licensing, shall be used by the Department of Education to license	55259
and to inspect preschool and school-age child care programs in	55260
accordance with sections 3301.52 to 3301.59 of the Revised Code.	55261

PROFESSIONAL RECRUITMENT

55262

Of the foregoing appropriation item 200-444, Professional	55263
Recruitment, $1,300,000 in each fiscal year shall be used by the	55264
Department of Education to establish programs targeted at	55265
recruiting underrepresented populations into the teaching	55266
profession. In each year, the recruitment programs shall include,	55267
but not be limited to, alternative teacher licensure or	55268
certification programs emphasizing the recruitment of highly	55269
qualified minority candidates into teaching, including emphasizing	55270
the recruitment of highly qualified minority candidates into	55271
teaching positions in schools that have a high percentage of	55272
minority students. The recruitment programs also shall target	55273
recruiting qualified candidates available as a result of	55274
downsizing of the military and business sectors. Funding also	55275
shall be targeted to statewide, regional, and local programs that	55276
are competitively selected as promising programs demonstrating the	55277
potential of significantly increasing Ohio's minority teaching	55278
force.	55279

The remainder of appropriation item 200-444 shall be used by	55280
the Department of Education for recruitment programs targeting	55281
special needs areas: recruiting prospective mathematics and	55282
science teachers, recruiting special educators, recruiting	55283
principals, developing a web-based placement bureau, establishing	55284
a pre-collegiate program to target future teachers, and piloting	55285
paraeducators-to-teacher programs.	55286

OHIOREADS ADMIN/VOLUNTEER SUPPORT

55287

The foregoing appropriation item 200-445, OhioReads	55288
Admin/Volunteer Support, may be allocated by the OhioReads Council	55289
for volunteer coordinators in public school buildings, to	55290
educational service centers for costs associated with volunteer	55291
coordination, for background checks for volunteers, to evaluate	55292
the OhioReads Program, and for operating expenses associated with	55293
administering the program.	55294

Section 44.08.  EDUCATION MANAGEMENT INFORMATION SYSTEM

55295

The foregoing appropriation item 200-446, Education	55296
Management Information System, shall be used by the Department of	55297
Education to provide school districts with the means to implement	55298
local automated information systems and to implement, develop, and	55299
improve the Education Management Information System (EMIS) for the	55300
common student information management software developed by the	55301
Department of Education.	55302

Of the foregoing appropriation item 200-446, Education	55303
Management Information System, up to $1,000,000 in each fiscal	55304
year may be used by the Department of Education to assist	55305
designated data acquisition sites or school districts with	55306
deployment and implementation of the common student management	55307
record system software, and for hardware, personnel, equipment,	55308
staff development, software, and forms modification, as well as to	55309
support EMIS special report activities in the department.	55310

Of the foregoing appropriation item 200-446, Education	55311
Management Information System, up to $2,213,639 in fiscal year	55312
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed	55313
to designated data acquisition sites for costs relating to	55314
processing, storing, and transferring data for the effective	55315
operation of the EMIS. These costs may include, but are not	55316
limited to, personnel, hardware, software development,	55317
communications connectivity, professional development, and support	55318
services, and to provide services to participate in the State	55319
Education Technology Plan pursuant to section 3301.07 of the	55320
Revised Code.	55321

Of the foregoing appropriation item 200-446, Education	55322
Management Information System, up to $7,763,297 in fiscal year	55323
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed	55324
to school districts, community schools established under Chapter	55325
3314. of the Revised Code, education service centers, and joint	55326
vocational school districts on a per-pupil basis. From this	55327
funding, each school district or community school established	55328
under Chapter 3314. of the Revised Code with enrollment greater	55329
than 100 students and each vocational school district shall	55330
receive a minimum of $5,000 for each year of the biennium. Each	55331
school district or community school established under Chapter	55332
3314. of the Revised Code with enrollment between one and one	55333
hundred and each education service center and each county board of	55334
MR/DD that submits data through EMIS shall receive $3,000 for each	55335
year of the biennium. This money shall be used for costs	55336
associated with the development and operation of local automated	55337
record-based information systems that provide data as required by	55338
the education management information system, and facilitate local	55339
district, school, and classroom management activities.	55340

GED TESTING/ADULT HIGH SCHOOL

55341

The foregoing appropriation item 200-447, GED Testing/Adult	55342
High School, shall be used to provide General Educational	55343
Development (GED) testing at no cost to applicants, pursuant to	55344
rules adopted by the State Board of Education. The Department of	55345
Education shall reimburse school districts and community schools,	55346
created in accordance with Chapter 3314. of the Revised Code, for	55347
a portion of the costs incurred in providing summer instructional	55348
or intervention services to students who have not graduated due to	55349
their inability to pass one or more parts of the state's ninth	55350
grade proficiency test. School districts shall also provide such	55351
services to students who are residents of the district pursuant to	55352
section 3313.64 of the Revised Code, but who are enrolled in	55353
chartered, nonpublic schools. The services shall be provided in	55354
the public school, in nonpublic schools, in public centers, or in	55355
mobile units located on or off the nonpublic school premises. No	55356
school district shall provide summer instructional or intervention	55357
services to nonpublic school students as authorized by this	55358
section unless such services are available to students attending	55359
the public schools within the district. No school district shall	55360
provide services for use in religious courses, devotional	55361
exercises, religious training, or any other religious activity.	55362
Chartered, nonpublic schools shall pay for any unreimbursed costs	55363
incurred by school districts for providing summer costs incurred	55364
by school districts for providing summer instruction or	55365
intervention services to students enrolled in chartered, nonpublic	55366
schools. School districts may provide these services to students	55367
directly or contract with postsecondary or nonprofit	55368
community-based institutions in providing instruction. The	55369
appropriation also shall be used for state reimbursement to	55370
school districts for adult high school continuing education	55371
programs pursuant to section 3313.531 of the Revised Code or for	55372
costs associated with awarding adult high school diplomas under	55373
section 3313.611 of the Revised Code.	55374

COMMUNITY SCHOOLS

55375

Of the foregoing appropriation item 200-455, Community	55376
Schools, up to $100,000 in each fiscal year may be used by the	55377
Lucas County Educational Service Center to pay for additional	55378
services provided to community schools, subject to the reporting	55379
by the service center of actual expenses incurred to the	55380
Department of Education. Up to $1,628,935 in fiscal year 2002 and	55381
up to $1,724,517 in fiscal year 2003 may be used by the Office of	55382
School Options in the Department of Education for additional	55383
services and responsibilities under section 3314.11 of the Revised	55384
Code.	55385

The remaining appropriation may be used by the Department of	55386
Education and the Lucas County Educational Service Center to make	55387
grants of up to $50,000 to each proposing group with a preliminary	55388
agreement obtained under division (C)(2) of section 3314.02 of the	55389
Revised Code in order to defray planning and initial start-up	55390
costs. In the first year of operation of a community school, the	55391
Department of Education and the Lucas County Educational Service	55392
Center may make a grant of no more than $100,000 to the governing	55393
authority of the school to partially defray additional start-up	55394
costs. The amount of the grant shall be based on a thorough	55395
examination of the needs of the community school. The Department	55396
of Education and the Lucas County Educational Service Center shall	55397
not utilize moneys received under this section for any other	55398
purpose other than those specified under this section. The	55399
department shall allocate an amount to the Lucas County	55400
Educational Service Center for grants to schools in the Lucas	55401
County area under this paragraph.	55402

A community school awarded start-up grants from appropriation	55403
item 200-613, Public Charter Schools (Fund 3T4), shall not be	55404
eligible for grants under this section.	55405

Section 44.09.  SCHOOL FINANCE EQUITY

55406

The foregoing appropriation item 200-500, School Finance	55407
Equity, shall be distributed to school districts based on the	55408
formula specified in section 3317.0213 of the Revised Code.	55409

Section 44.10.  BASE COST FUNDING

55410

The foregoing appropriation item 200-501, Base Cost Funding,	55411
includes $91,488,407 in fiscal year 2003 for the state education	55412
aid offset due to the change in public utility valuation as a	55413
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	55414
General Assembly. This amount represents the total state	55415
education aid offset due to the valuation change for school	55416
districts and joint vocational school districts from all relevant	55417
line item sources. If it is determined that the state education	55418
aid offset is more than $91,488,407, the Controlling Board may	55419
increase the appropriation for item 200-501, Base Cost Funding, by	55420
the difference amount if presented with such a request from the	55421
Department of Education. The appropriation increase, if any, is	55422
hereby appropriated. If it is determined that the state education	55423
aid offset is less than $91,488,407, the Director of Budget and	55424
Management shall then reduce the appropriation for item 200-501,	55425
Base Cost Funding, by the difference amount and notify the	55426
Controlling Board of this action. The appropriation decrease	55427
determined by the Director of Budget and Management, if any, is	55428
hereby approved, and appropriations are hereby reduced by the	55429
amount determined.	55430

Of the foregoing appropriation item 200-501, Base Cost	55431
Funding, up to $425,000 shall be expended in each year of the	55432
biennium for court payments pursuant to section 2151.357 of the	55433
Revised Code; an amount shall be available each year of the	55434
biennium for the cost of the reappraisal guarantee pursuant to	55435
section 3317.04 of the Revised Code; an amount shall be available	55436
in each year of the biennium to fund up to 225 full-time	55437
equivalent approved GRADS teacher grants pursuant to division (R)	55438
of section 3317.024 of the Revised Code; an amount shall be	55439
available in each year of the biennium to make payments to school	55440
districts pursuant to division (A)(2) of section 3317.022 of the	55441
Revised Code; an amount shall be available in fiscal year 2003 to	55442
make payments to school districts pursuant to division (F) of	55443
section 3317.022 of the Revised Code; an amount shall be available	55444
in fiscal year 2002 to make payments to school districts pursuant	55445
to division (C) of section 3317.0212 of the Revised Code; and up	55446
to $15,000,000 in each year of the biennium shall be reserved for	55447
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of	55448
the Revised Code except that the Controlling Board may increase	55449
the $15,000,000 amount if presented with such a request from the	55450
Department of Education. Of the foregoing appropriation item	55451
200-501, Base Cost Funding, up to $14,000,000 in fiscal year 2002	55452
and up to $23,000,000 in fiscal year 2003 shall be used to provide	55453
additional state aid to school districts for special education	55454
students pursuant to division (C)(5) of section 3317.022 of the	55455
Revised Code; up to $2,000,000 in each year of the biennium shall	55456
be reserved for Youth Services tuition payments pursuant to	55457
section 3317.024 of the Revised Code; and up to $52,000,000 in	55458
each fiscal year shall be reserved to fund the state reimbursement	55459
of educational service centers pursuant to section 3317.11 of the	55460
Revised Code.	55461

Of the foregoing appropriation item 200-501, Base Cost	55462
Funding, up to $1,000,000 in each fiscal year shall be used by the	55463
Department of Education for a pilot program to pay for educational	55464
services for youth who have been assigned by a juvenile court or	55465
other authorized agency to any of the facilities described in	55466
division (A) of the section titled "Private Treatment Facility	55467
Pilot Project."	55468

The remaining portion of appropriation item 200-501, Base	55469
Cost Funding, shall be expended for the public schools of city,	55470
local, exempted village, and joint vocational school districts,	55471
including base cost funding, special education weight funding,	55472
special education speech service enhancement funding,	55473
career-technical education weight funding, career-technical	55474
education associated service funding, guarantee funding, and	55475
teacher training and experience funding pursuant to sections	55476
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code.	55477

Appropriation items 200-500, School Finance Equity, 200-501,	55478
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	55479
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	55480
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	55481
than specific set-asides, are collectively used to pay state	55482
formula aid obligations for school districts and joint vocational	55483
school districts pursuant to Chapter 3317. of the Revised Code.	55484
The first priority of these appropriation items, with the	55485
exception of specific set-asides, is to fund state formula aid	55486
obligations under Chapter 3317. of the Revised Code. It may be	55487
necessary to reallocate funds among these appropriation items in	55488
order to meet state formula aid obligations. If it is determined	55489
that it is necessary to transfer funds among these appropriation	55490
items to meet state formula aid obligations, the Department of	55491
Education shall seek approval from the Controlling Board to	55492
transfer funds among these appropriation items.	55493

Section 44.11. SUPPLEMENTAL PAYMENT

55494

Upon the recommendation of the Superintendent of Public	55495
Instruction, and subject to the approval of the Controlling Board,	55496
the Department of Education shall pay a school district in fiscal	55497
year 2002 an amount not greater than the difference between the	55498
following:	55499

(A) The cost of increasing teachers' salaries above the	55500
district's salary schedule to comply with division (C) of section	55501
3317.13 of the Revised Code as amended by this act, multiplied by	55502
one hundred fourteen per cent;	55503

(B) The district's increases in state funds for fiscal year	55504
2002.	55505

The increases in state funds for fiscal year 2002 shall be	55506
calculated by determining additional state funds received for	55507
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,	55508
3317.0212, and 3317.053 and division (P) of section 3317.024 of	55509
the Revised Code and uncodified sections of this act, above the	55510
amount of state funds the district received for fiscal year 2001	55511
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and	55512
3317.162 and division (P) of section 3317.024 of the Revised Code	55513
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General	55514
Assembly.	55515

The Department shall determine application procedures and a	55516
schedule for applications and payments under this section, which	55517
shall be subject to the approval of the Controlling Board. The	55518
Department may pay one-half of an estimated amount of a district's	55519
payment under this section during the first half of fiscal year	55520
2002, and the remainder of the actual calculated amount during the	55521
second half of the fiscal year. Subject to the approval of the	55522
Controlling Board, the amount of any overpayments under this	55523
section shall be deducted from payments made to the school	55524
district under Chapter 3317. of the Revised Code for the remainder	55525
of the fiscal year.	55526

Section 44.12.  PUPIL TRANSPORTATION

55527

Of the foregoing appropriation item 200-502, Pupil	55528
Transportation, up to $800,000 in fiscal year 2002 and up to	55529
$822,400 in fiscal year 2003 may be used by the Department of	55530
Education for training prospective and experienced school bus	55531
drivers in accordance with training programs prescribed by the	55532
department; an amount shall be available in each year of the	55533
biennium to be used for special education transportation	55534
reimbursements. The reimbursement rate in each year shall be	55535
based on the rate defined in division (D) of section 3317.022 of	55536
the Revised Code. The remainder of appropriation item 200-502,	55537
Pupil Transportation, shall be used for the state reimbursement of	55538
public school districts' costs in transporting pupils to and from	55539
the school they attend in accordance with the district's policy,	55540
State Board of Education standards, and the Revised Code.	55541

BUS PURCHASE ALLOWANCE

55542

The foregoing appropriation item 200-503, Bus Purchase	55543
Allowance, shall be distributed to school districts and	55544
educational service centers pursuant to rules adopted under	55545
section 3317.07 of the Revised Code. Up to 25 per cent of the	55546
amount appropriated may be used to reimburse school districts and	55547
educational service centers for the purchase of buses to transport	55548
handicapped and nonpublic school students.	55549

SCHOOL LUNCH

55550

The foregoing appropriation item 200-505, School Lunch Match,	55551
shall be used to provide matching funds to obtain federal funds	55552
for the school lunch program.	55553

Section 44.13.  ADULT LITERACY EDUCATION

55554

The foregoing appropriation item 200-509, Adult Literacy	55555
Education, shall be used to support adult basic and literacy	55556
education instructional programs and the State Literacy Resource	55557
Center Program.	55558

Of the foregoing appropriation item 200-509, Adult Literacy	55559
Education, up to $543,150 in fiscal year 2002 and up to $554,013	55560
in fiscal year 2003 shall be used for the support and operation of	55561
the State Literacy Resource Center.	55562

The remainder shall be used to continue to satisfy the state	55563
match and maintenance of effort requirements for the support and	55564
operation of the Department of Education-administered	55565
instructional grant program for adult basic and literacy education	55566
in accordance with the department's state plan for adult basic and	55567
literacy education as approved by the State Board of Education and	55568
the Secretary of the United States Department of Education.	55569

AUXILIARY SERVICES

55570

The foregoing appropriation item 200-511, Auxiliary Services,	55571
shall be used by the State Board of Education for the purpose of	55572
implementing section 3317.06 of the Revised Code. Of the	55573
appropriation, up to $1,250,000 in fiscal year 2002 and up to	55574
$1,500,000 in fiscal year 2003 may be used for payment of the	55575
Post-Secondary Enrollment Options Program for nonpublic students	55576
pursuant to section 3365.10 of the Revised Code.	55577

STUDENT INTERVENTION SERVICES

55578

The foregoing appropriation item 200-513, Student	55579
Intervention Services, shall be used to assist districts providing	55580
the intervention services specified in section 3313.608 of the	55581
Revised Code. The Department of Education shall establish	55582
guidelines for the use and distribution of these moneys. School	55583
districts receiving funds from this appropriation shall report to	55584
the Department of Education on how funds were used.	55585

No later than July 15, 2002, the Director of Budget and	55586
Management shall transfer $35,000,000 from Fund 3W6, TANF	55587
Education, to the General Revenue Fund. The transferred funds are	55588
appropriated for the appropriation item 200-513, Student	55589
Intervention Services. The foregoing appropriation item 200-513,	55590
Student Intervention Services, includes transferred funds of	55591
$35,000,000 in fiscal year 2003.	55592

The Department of Education shall comply with all TANF	55593
requirements, including reporting requirements and timelines, as	55594
specified in state and federal laws, federal regulations, state	55595
rules, and the Title IV-A state plan, and is responsible for	55596
payment of any adverse audit finding, final disallowance of	55597
federal financial participation, or other sanction or penalty	55598
issued by the federal government or other entity concerning these	55599
funds.	55600

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

55601

The foregoing appropriation item 200-514,	55602
Post-Secondary/Adult Career-Technical Education, shall be used by	55603
the State Board of Education to provide post-secondary/adult	55604
career-technical education under sections 3313.52 and 3313.53 of	55605
the Revised Code.	55606

Of the foregoing appropriation item 200-514,	55607
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	55608
each fiscal year shall be allocated for the Ohio Career	55609
Information System (OCIS) and used for the dissemination of career	55610
information data to public schools, libraries, rehabilitation	55611
centers, two- and four-year colleges and universities, and other	55612
governmental units.	55613

Of the foregoing appropriation item 200-514,	55614
Post-Secondary/Adult Career-Technical Education, up to $40,000 in	55615
each fiscal year shall be used for the statewide coordination of	55616
the activities of the Ohio Young Farmers.	55617

DISADVANTAGED PUPIL IMPACT AID

55618

The foregoing appropriation item 200-520, Disadvantaged Pupil	55619
Impact Aid, shall be distributed to school districts according to	55620
section 3317.029 of the Revised Code. However, no money shall be	55621
distributed for all-day kindergarten to any school district whose	55622
three-year average formula ADM exceeds 17,500 but whose DPIA index	55623
is not at least equal to 1.00 in each fiscal year, unless the	55624
Department of Education certifies that sufficient funds exist in	55625
this appropriation to make all other payments required by section	55626
3317.029 of the Revised Code.	55627

The Department of Education shall pay all-day, everyday	55628
kindergarten funding to all school districts in fiscal year 2002	55629
and fiscal year 2003 that qualified for and provided the service	55630
in a preceding fiscal year pursuant to section 3317.029 of the	55631
Revised Code, regardless of changes to such districts' DPIA	55632
indexes in fiscal year 2002 and fiscal year 2003.	55633

The Department of Education shall pay to community schools an	55634
amount for all-day kindergarten if the school district in which	55635
the student is entitled to attend school is eligible but does not	55636
receive a payment for all-day kindergarten, pursuant to division	55637
(B) of section 3314.13 of the Revised Code, and the student is	55638
reported by the community school as enrolled in all-day	55639
kindergarten at the community school.	55640

Of the foregoing appropriation item 200-520, Disadvantaged	55641
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	55642
$3,300,000 in fiscal year 2003 shall be used for school breakfast	55643
programs. Of these amounts, up to $500,000 shall be used each	55644
year by the Department of Education to provide start-up grants to	55645
rural school districts and to school districts with less than	55646
1,500 ADM that start school breakfast programs. The remainder of	55647
the appropriation shall be used to: (1) partially reimburse	55648
school buildings within school districts that are required to have	55649
a school breakfast program pursuant to section 3313.813 of the	55650
Revised Code, at a rate decided by the department, for each	55651
breakfast served to any pupil enrolled in the district; (2)	55652
partially reimburse districts participating in the National School	55653
Lunch Program that have at least 20 per cent of students who are	55654
eligible for free and reduced meals according to federal	55655
standards, at a rate decided by the department; and (3) to	55656
partially reimburse districts participating in the National School	55657
Lunch Program for breakfast served to children eligible for free	55658
and reduced meals enrolled in the district, at a rate decided by	55659
the department.	55660

Of the portion of the funds distributed to the Cleveland City	55661
School District under section 3317.029 of the Revised Code	55662
calculated under division (F)(2) of that section, up to	55663
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	55664
year 2003 shall be used to operate the pilot school choice program	55665
in the Cleveland City School District pursuant to sections	55666
3313.974 to 3313.979 of the Revised Code.	55667

Of the foregoing appropriation item 200-520, Disadvantaged	55668
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	55669
support dropout recovery programs administered by the Department	55670
of Education, Jobs for Ohio's Graduates Program.	55671

Section 44.14.  GIFTED PUPIL PROGRAM

55672

The foregoing appropriation item 200-521, Gifted Pupil	55673
Program, shall be used for gifted education units not to exceed	55674
1,050 in fiscal year 2002 and 1,100 in fiscal year 2003 pursuant	55675
to division (P) of section 3317.024 and division (F) of section	55676
3317.05 of the Revised Code.	55677

Of the foregoing appropriation item 200-521, Gifted Pupil	55678
Program, up to $5,000,000 in each fiscal year of the biennium may	55679
be used as an additional supplement for identifying gifted	55680
students pursuant to Chapter 3324. of the Revised Code.	55681

Of the foregoing appropriation item 200-521, Gifted Pupil	55682
Program, the Department of Education may expend up to $1,000,000	55683
each year for the Summer Honors Institute for gifted freshman and	55684
sophomore high school students. Up to $600,000 in each fiscal	55685
year shall be used for research and demonstration projects. The	55686
Department of Education shall research and evaluate the	55687
effectiveness of gifted education programs in Ohio. Up to $70,000	55688
in each year shall be used for the Ohio Summer School for the	55689
Gifted (Martin Essex Program).	55690

Section 44.15. PARITY AID

55691

The foregoing appropriation item 200-525, Parity Aid, shall	55692
be distributed to school districts based on the formulas specified	55693
in section 3317.0217 of the Revised Code.	55694

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

55695

The foregoing appropriation item 200-532, Nonpublic	55696
Administrative Cost Reimbursement, shall be used by the State	55697
Board of Education for the purpose of implementing section	55698
3317.063 of the Revised Code.	55699

DESEGREGATION COSTS

55700

The foregoing appropriation item 200-534, Desegregation	55701
Costs, shall be used to pay the legal fees associated with	55702
desegregation cases brought against the state.	55703

As part of managing state desegregation costs, any board of	55704
education of a school district subject to a federal court	55705
desegregation order that requires the district board to bus	55706
students for the purpose of racial balance shall, within one year	55707
after the effective date of this section:	55708

(1) Update its plan required under Am. Sub. H.B. 298 of the	55709
119th General Assembly designed to satisfy the court so as to	55710
obtain release from the court's desegregation order; and	55711

(2) Submit an updated copy of the plan to the State Board of	55712
Education.	55713

Upon request of the district board, the State Board shall provide	55714
technical assistance to the school district board in developing a	55715
plan.	55716

Within ninety days after the date on which the plan is	55717
submitted to the State Board of Education, the district board, or	55718
the district board and the State Board of Education jointly if	55719
both are parties to the desegregation case, shall submit the plan	55720
to the court and apply for release from the court's desegregation	55721
order.	55722

Section 44.16. SPECIAL EDUCATION ENHANCEMENTS	55723

Of the foregoing appropriation item 200-540, Special	55724
Education Enhancements, up to $45,295,000 in fiscal year 2002 and	55725
up to $47,809,750 in fiscal year 2003 shall be used to fund	55726
special education and related services at county boards of mental	55727
retardation and developmental disabilities for eligible students	55728
under section 3317.20 of the Revised Code. Up to $2,500,000 shall	55729
be used in each fiscal year to fund up to 57 special education	55730
classroom and related services units at institutions.	55731

Of the foregoing appropriation item 200-540, Special	55732
Education Enhancements, up to $3,293,959 in fiscal year 2002 and	55733
up to $3,425,717 in fiscal year 2003 shall be used for home	55734
instruction for handicapped children; up to $1,500,000 in each	55735
fiscal year shall be used for parent mentoring programs; and up to	55736
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year	55737
2003 may be used for school psychology interns.	55738

Of the foregoing appropriation item 200-540, Special	55739
Education Enhancements, $3,852,160 in fiscal year 2002 and up to	55740
$4,006,246 in fiscal year 2003 shall be used by the Department of	55741
Education to assist school districts in funding aides pursuant to	55742
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative	55743
Code.	55744

Of the foregoing appropriation item 200-540, Special	55745
Education Enhancements, $78,623,506 in each fiscal year shall be	55746
distributed by the Department of Education to county boards of	55747
mental retardation and developmental disabilities, educational	55748
service centers, and school districts for preschool special	55749
education units and preschool supervisory units in accordance with	55750
section 3317.161 of the Revised Code. The department may	55751
reimburse county boards of mental retardation and developmental	55752
disabilities, educational service centers, and school districts	55753
for related services as defined in rule 3301-31-05 of the	55754
Administrative Code, for preschool occupational and physical	55755
therapy services provided by a physical therapy assistant and	55756
certified occupational therapy assistant, and for an instructional	55757
assistant. To the greatest extent possible, the Department of	55758
Education shall allocate these units to school districts and	55759
educational service centers. The Controlling Board may approve	55760
the transfer of unallocated funds from appropriation item 200-501,	55761
Base Cost Funding, to appropriation item 200-540, Special	55762
Education Enhancements, to fully fund existing units as necessary	55763
or to fully fund additional units. The Controlling Board may	55764
approve the transfer of unallocated funds from appropriation item	55765
200-540, Special Education Enhancements, to appropriation item	55766
200-501, Base Cost Funding, to fully fund the special education	55767
weight cost funding.	55768

The Department of Education shall require school districts,	55769
educational service centers, and county MR/DD boards serving	55770
preschool children with disabilities to document child progress	55771
using a common instrument prescribed by the department and report	55772
results annually. The reporting dates and methodology shall be	55773
determined by the department.	55774

The department shall adopt rules addressing the use of	55775
screening and assessment data including, but not limited to:	55776

(1) Protection of the identity of individual children	55777
through assignment of a unique, but not personally identifiable,	55778
code;	55779

(2) Parents' rights; and

55780

(3) Use of the child data by school personnel as it relates	55781
to kindergarten entrance.	55782

Of the foregoing appropriation item 200-540, Special	55783
Education Enhancements, up to $808,081 in fiscal year 2002 and up	55784
to $832,323 in fiscal year 2003 shall be allocated to provide	55785
grants to research-based reading mentoring programs for students	55786
with disabilities in kindergarten through fourth grade. Priority	55787
shall be given to mentoring programs that have been recognized by	55788
the Education Commission of the States as promising educational	55789
practices for accelerating student achievement, are easily	55790
replicated, have strong evaluative components, and have goals	55791
aligned to the Ohio Proficiency Test. Priority in awarding grants	55792
funding in this program shall be given to existing targeted	55793
programs originally funded under Am. Sub. H.B. 282 of the 123rd	55794
General Assembly and that are currently being applied in school	55795
districts. Grants awarded under this program shall be made in	55796
conjunction with the Ohio Coalition for Education of Children with	55797
Disabilities. Programs may be implemented at times deemed most	55798
appropriate. Certified staff shall administer these programs and	55799
testing of participants shall be required prior to, during, and	55800
after participation in these programs. The results of the tests	55801
shall be reported to the Governor, Superintendent of Public	55802
Instruction, and General Assembly.	55803

Of the foregoing appropriation item 200-540, Special	55804
Education Enhancements, up to $86,000 in each fiscal year shall be	55805
used to conduct a collaborative pilot program to provide	55806
educational services and develop best educational practices for	55807
autistic children. The pilot program shall include, but not be	55808
limited to, the involvement of the Wood County Board of Mental	55809
Retardation and Developmental Disabilities, Wood County	55810
Educational Services Center, Children's Resource Center of Wood	55811
County, and the Family and Children First Council of Wood County.	55812

Of the foregoing appropriation item 200-540, Special	55813
Education Enhancements, up to $303,030 in fiscal year 2002 and up	55814
to $312,121 in fiscal year 2003 shall be expended to conduct a	55815
demonstration project involving language and literacy intervention	55816
teams supporting student acquisition of language and literacy	55817
skills. The demonstration project shall demonstrate improvement	55818
of language and literacy skills of at-risk learners under the	55819
instruction of certified speech language pathologists and	55820
educators. Baseline data shall be collected and comparison data	55821
for fiscal year 2002 and fiscal year 2003 shall be collected and	55822
reported to the Governor, OhioReads Council, Department of	55823
Education, and the General Assembly.	55824

Section 44.17. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

55825

Of the foregoing appropriation item 200-545, Career-Technical	55826
Education Enhancements, up to $2,616,001 in each fiscal year shall	55827
be used to fund career-technical education units at institutions.	55828
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	55829
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	55830
(JOG) program.	55831

Of the foregoing appropriation item 200-545, Career-Technical	55832
Education Enhancements, up to $4,182,573 in fiscal year 2002 and	55833
up to $4,432,573 in fiscal year 2003 shall be used by the	55834
Department of Education to fund competitive grants to tech prep	55835
consortia that expand the number of students enrolled in tech prep	55836
programs. These grant funds shall be used to directly support	55837
expanded tech prep programs, including equipment, provided to	55838
students enrolled in school districts, including joint vocational	55839
school districts, and affiliated higher education institutions.	55840

If federal funds for career-technical education cannot be	55841
used for local school district leadership without being matched by	55842
state funds, then an amount as determined by the Superintendent of	55843
Public Instruction shall be made available from state funds	55844
appropriated for career-technical education. If any state funds	55845
are used for this purpose, federal funds in an equal amount shall	55846
be distributed for career-technical education in accordance with	55847
authorization of the state plan for vocational education for Ohio	55848
as approved by the Secretary of the United States Department of	55849
Education.	55850

Of the foregoing appropriation item 200-545, Career-Technical	55851
Education Enhancements, $3,000,000 in fiscal year 2002 and	55852
$3,250,000 in fiscal year 2003 shall be used to provide an amount	55853
to each eligible school district for the replacement or updating	55854
of equipment essential for the instruction of students in job	55855
skills taught as part of a career-technical program or programs	55856
approved for such instruction by the State Board of Education.	55857
School districts replacing or updating career-technical education	55858
equipment may purchase or lease such equipment. The Department of	55859
Education shall review and approve all equipment requests and may	55860
allot appropriated funds to eligible school districts on the basis	55861
of the number of full-time equivalent workforce development	55862
teachers in all eligible districts making application for funds.	55863

The State Board of Education may adopt standards of need for	55864
equipment allocation. Pursuant to the adoption of any such	55865
standards of need by the State Board of Education, appropriated	55866
funds may be allotted to eligible districts according to such	55867
standards. Equipment funds allotted under either process shall be	55868
provided to a school district on a 30, 40, or 50 per cent of cost	55869
on the basis of a district career-technical priority index rating	55870
developed by the Department of Education for all districts each	55871
year. The career-technical priority index shall give preference	55872
to districts with a large percentage of disadvantaged students and	55873
shall include other socio-economic factors as determined by the	55874
State Board of Education.	55875

Of the foregoing appropriation item 200-545, Career-Technical	55876
Education Enhancements, up to $3,650,000 in each fiscal year shall	55877
be awarded by the Superintendent of Public Instruction to an Ohio	55878
nonprofit corporation to support existing High Schools That Work	55879
(HSTW) sites, develop new sites, fund technical assistance, and	55880
support regional centers and middle school programs. The purpose	55881
of HSTW is to combine challenging academic courses and modern	55882
vocational and technical studies to raise the academic achievement	55883
of students. It provides intensive technical assistance, focused	55884
staff development, targeted assessment services, and ongoing	55885
communications and networking opportunities. Any grant awarded	55886
under this program by the Superintendent of Public Instruction	55887
shall require a matching contribution of at least $1,000,000 from	55888
the Ohio nonprofit corporation.	55889

Of the foregoing appropriation item 200-545, Career-Technical	55890
Education Enhancements, $3,750,000 in fiscal year 2002 and	55891
$4,000,000 in fiscal year 2003 shall be used for K-12 career	55892
development.	55893

Of the foregoing appropriation item 200-545, Career-Technical	55894
Educational Enhancements, $250,000 in each fiscal year shall be	55895
used by the Department of Education to establish the Voc-Ag 5th	55896
Quarter Pilot Project. The project shall enable students in	55897
agricultural programs to enroll in a fifth quarter of instruction.	55898
The fifth quarter concept is based on the long-standing and	55899
successful agricultural education model of delivering work-based	55900
learning through supervised agricultural experience. The	55901
Department of Education shall establish rules governing	55902
eligibility criteria and the reporting process for the project	55903
that must include the following: (1) a school is required to hire	55904
a certified teacher for the fifth quarter, (2) a school must have	55905
a curriculum for the fifth quarter that is approved by the	55906
Department of Education, (3) students must earn credit for the	55907
agricultural experience, (4) the program must be approved by the	55908
school district's superintendent, and (5) the program must be in	55909
existence on the effective date of this section. The Department	55910
of Education shall fund as many programs as possible given the	55911
$250,000 set aside. The Department of Education shall report	55912
students' performance results under the project to the General	55913
Assembly not later than December 31, 2002.	55914

Of the foregoing appropriation item 200-545, Career-Technical	55915
Educational Enhancements, $25,000 in each fiscal year shall be	55916
used for the Virtual Simulations in Manufacturing Program.	55917

Section 44.18.  CHARGE-OFF SUPPLEMENT

55918

The foregoing appropriation item 200-546, Charge-Off	55919
Supplement, shall be used by the Department of Education to make	55920
payments pursuant to section 3317.0216 of the Revised Code.	55921

COUNTY MR/DD BOARDS - VEHICLE PURCHASES

55922

The foregoing appropriation item 200-552, County MR/DD Boards	55923
Vehicle Purchases, shall be used to provide financial assistance	55924
to MR/DD boards for the purchase of vehicles as permitted in	55925
section 3317.07 of the Revised Code.	55926

COUNTY MR/DD BOARDS - TRANSPORTATION

55927

The foregoing appropriation item 200-553, County MR/DD Boards	55928
Transportation Operating, shall be used to provide financial	55929
assistance for transportation operating costs as provided in	55930
division (M) of section 3317.024 of the Revised Code.	55931

EMERGENCY LOAN INTEREST SUBSIDY

55932

The foregoing appropriation item 200-558, Emergency Loan	55933
Interest Subsidy, shall be used to provide a subsidy to school	55934
districts receiving emergency school loans pursuant to section	55935
3313.484 of the Revised Code. The subsidy shall be used to pay	55936
these districts the difference between the amount of interest the	55937
district is paying on an emergency loan, and the interest that the	55938
district would have paid if the interest rate on the loan had been	55939
two per cent.	55940

Section 44.19.  OHIOREADS GRANTS

55941

Of the foregoing appropriation item 200-566, OhioReads	55942
Grants, $21,898,000 each year shall be disbursed by the OhioReads	55943
Office in the Department of Education at the direction of the	55944
OhioReads Council to provide classroom grants to public schools in	55945
city, local, and exempted village school districts; community	55946
schools; and educational service centers serving kindergarten	55947
through fourth grade students, except that the Department of	55948
Education may use these funds to support the STARS program	55949
previously operated by the Department of Aging.	55950

Of the foregoing appropriation item 200-566, OhioReads	55951
Grants, $5,000,000 each year shall be disbursed by the OhioReads	55952
Office in the Department of Education at the direction of the	55953
OhioReads Council to provide community matching grants to	55954
community organizations and associations, libraries, and others	55955
for tutoring, tutor recruitment and training, and parental	55956
involvement.	55957

Of the foregoing appropriation item 200-566, OhioReads	55958
Grants, $250,000 in each fiscal year shall be allocated to provide	55959
grants to research-based reading mentoring programs for students	55960
with disabilities in kindergarten through fourth grade. Priority	55961
shall be given to mentoring programs that have been recognized by	55962
the Education Commission of the States as promising educational	55963
practices for accelerating student achievement, are easily	55964
replicated, have strong evaluative components, and have goals	55965
aligned to the Ohio proficiency tests. Programs may be	55966
implemented at times deemed most appropriate but at least one	55967
program shall be created for and applied in an urban school	55968
district. The awarding of these grants shall be made in	55969
conjunction with the Ohio Coalition for Education of Children with	55970
Disabilities. Certified staff shall administer these programs and	55971
testing of participants shall be required prior to, during, and	55972
after participation in these programs. The results of the tests	55973
shall be reported to the Governor, Superintendent of Public	55974
Instruction, the General Assembly, and the OhioReads Council.	55975

Grants awarded by the OhioReads Council are intended to	55976
improve reading outcomes, especially on the fourth grade reading	55977
proficiency test.	55978

SCHOOL IMPROVEMENT INCENTIVE GRANTS

55979

Of the foregoing appropriation item 200-570, School	55980
Improvement Incentive Grants, up to $750,000 shall be used to	55981
provide grants of up to $50,000 each to educational best practices	55982
award winners selected for superior performance by BEST, Building	55983
Excellent Schools for Today and the 21st Century.	55984

Any grants awarded from the foregoing appropriation item	55985
200-570, School Improvement Incentive Grants, shall be awarded to	55986
individual school buildings, educational service centers, or joint	55987
vocational school districts, as appropriate. Grant awards shall	55988
be expended for staff development, classroom equipment, materials,	55989
and books. The principal or administrator of each grantee shall	55990
decide how best to use the grant award, with input from staff	55991
members, consistent with the budget and grant award for the grant.	55992

Of the foregoing appropriation item 200-570, School	55993
Improvement Incentive Grants, $100,000 in each fiscal year shall	55994
be used to support the Bellefaire Jewish Children's Bureau.	55995

Of the foregoing appropriation item 200-570, School	55996
Improvement Incentive Grants, $50,000 in each fiscal year shall be	55997
used to support the Cleveland School of Art.	55998

Of the foregoing appropriation item 200-570, School	55999
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56000
used to support the Tuscarawas County Educational Service Center.	56001

Of the foregoing appropriation item 200-570, School	56002
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56003
used to support LEAF.	56004

Of the foregoing appropriation item 200-570, School	56005
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56006
used to support the Toledo Tech Academy.	56007

Of the foregoing appropriation item 200-570, School	56008
Improvement Incentive Grants, $150,000 in fiscal year 2002 and	56009
$300,000 in fiscal year 2003 shall be used to support the COSI	56010
Education Project.	56011

Of the foregoing appropriation item 200-570, School	56012
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56013
used to support the Magellan Program.	56014

Of the foregoing appropriation item 200-570, School	56015
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56016
used to support I Know I Can Columbus.	56017

Of the foregoing appropriation item 200-570, School	56018
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56019
used to support the Clerity Program.	56020

Of the foregoing appropriation item 200-570, School	56021
Improvement Incentive Grants, $12,500 in each fiscal year shall be	56022
used to support the Strongsville Youth Council.	56023

Of the foregoing appropriation item 200-570, School	56024
Improvement Incentive Grants, $50,000 in each fiscal year shall be	56025
used to support the Lorain County Access Program.	56026

Of the foregoing appropriation item 200-570, School	56027
Improvement Incentive Grants, $100,000 in each fiscal year shall	56028
be used to support the Summit County Education Initiative.	56029

Of the foregoing appropriation item 200-570, School	56030
Improvement Incentive Grants, $80,000 in each fiscal year shall be	56031
used to support the Cleveland Language Project.	56032

Of the foregoing appropriation item 200-570, School	56033
Improvement Incentive Grants, $25,000 in each fiscal year shall be	56034
used to support the Columbus Language Project.	56035

Of the foregoing appropriation item 200-570, School	56036
Improvement Incentive Grants, $30,000 in each fiscal year shall be	56037
used to support the Cincinnati Language Project.	56038

Of the foregoing appropriation item 200-570, School	56039
Improvement Incentive Grants, $15,000 in each fiscal year shall be	56040
used to support the Dayton Language Project.	56041

CHARACTER EDUCATION

56042

The foregoing appropriation item 200-573, Character	56043
Education, shall be used by the Department of Education to provide	56044
matching grants of up to $50,000 each to school districts to	56045
develop pilot character education programs.	56046

SUBSTANCE ABUSE PREVENTION

56047

Of the foregoing appropriation item 200-574, Substance Abuse	56048
Prevention, up to $1,660,200 in each fiscal year shall be used for	56049
the Safe and Drug Free Schools Coordinators Program. Of the	56050
foregoing appropriation item 200-574, Substance Abuse Prevention,	56051
up to $288,000 in each fiscal year of the biennium shall be used	56052
for the Substance Abuse Prevention Student Assistance Program. The	56053
Department of Education and the Department of Alcohol and Drug	56054
Addiction Services shall jointly develop and approve a plan for	56055
the expenditure of these funds including, but not limited to, the	56056
development of position descriptions and training specifications	56057
for safe and drug free schools coordinators. Safe and drug free	56058
schools coordinators shall possess or be in the process of	56059
obtaining credentials issued by the Ohio Credentialing Board for	56060
Chemical Dependency Professionals or other credentials recognized	56061
by that board.	56062

BETHEL SCHOOL CLEANUP

56063

The foregoing appropriation item 200-580, Bethel School	56064
Cleanup, shall be used for the Bethel Local School District in	56065
Miami County. The moneys shall be used to purchase water for the	56066
school and four adjacent households, for expenses incurred by	56067
Bethel Local School District for well-monitoring activities and	56068
water-system conversions, and for expenses incurred by the Ohio	56069
Environmental Protection Agency as the Agency continues to monitor	56070
activities associated with the Bethel Local School District water	56071
supply.	56072

AUXILIARY SERVICES MOBILE REPAIR

56073

Notwithstanding section 3317.064 of the Revised Code, if the	56074
unobligated cash balance is sufficient, the Treasurer of State	56075
shall transfer $1,500,000 in fiscal year 2002 within thirty days	56076
after the effective date of this section and $1,500,000 in fiscal	56077
year 2003 by August 1, 2002, from the Auxiliary Services Personnel	56078
Unemployment Compensation Fund to the Department of Education's	56079
Auxiliary Services Mobile Repair Fund (Fund 598).	56080

Section 44.20.  LOTTERY PROFITS EDUCATION FUND

56081

Appropriation item 200-612, Base Cost Funding (Fund 017),	56082
shall be used in conjunction with appropriation item 200-501, Base	56083
Cost Funding (GRF), to provide payments to school districts	56084
pursuant to Chapter 3317. of the Revised Code.	56085

Of the foregoing appropriation item 200-612, Base Cost	56086
Funding (Fund 017), $25,000,000 in each fiscal year shall be used	56087
from the funds transferred from the Unclaimed Prizes Trust Fund	56088
pursuant to the section entitled "Transfers from the Unclaimed	56089
Prizes Fund" of this act.	56090

The Department of Education, with the approval of the	56091
Director of Budget and Management, shall determine the monthly	56092
distribution schedules of appropriation item 200-501, Base Cost	56093
Funding (GRF), and appropriation item 200-612, Base Cost Funding	56094
(Fund 017). If adjustments to the monthly distribution schedule	56095
are necessary, the Department of Education shall make such	56096
adjustments with the approval of the Director of Budget and	56097
Management.	56098

The Director of Budget and Management shall transfer via	56099
intrastate transfer voucher the amount appropriated under the	56100
Lottery Profits Education Fund for appropriation item 200-682,	56101
Lease Rental Payment Reimbursement, to the General Revenue Fund on	56102
a schedule determined by the director. These funds shall support	56103
the appropriation item 230-428, Lease Rental Payments (GRF), of	56104
the School Facilities Commission.	56105

LOTTERY PROFITS TRANSFERS*

56106

On the fifteenth day of May of each fiscal year, the Director	56107
of Budget and Management shall determine if lottery profits	56108
transfers will meet the appropriation amounts from the Lottery	56109
Profits Education Fund.	56110

On or after the date specified in each fiscal year, if the	56111
director determines that lottery profits will not meet	56112
appropriations and if other funds are not available to meet the	56113
shortfall, the Superintendent of Public Instruction shall take the	56114
actions specified under the "Reallocation of Funds" section of	56115
this act.	56116

TRANSFERS FROM THE UNCLAIMED PRIZES FUND

56117

By the fifteenth day of January of fiscal year 2002 and	56118
fiscal year 2003, the Director of Budget and Management shall	56119
transfer $25,000,000 from the State Lottery Commission's Unclaimed	56120
Prizes Fund to the Lottery Profits Education Fund, to be used	56121
solely for purposes specified in the Department of Education's	56122
budget. Transfers of unclaimed prizes under this provision shall	56123
not count as lottery profits in the determination made concerning	56124
excess profits titled "Lottery Profits" under the Department of	56125
Education in this act.	56126

TEACHER CERTIFICATION AND LICENSURE

56127

The foregoing appropriation item 200-681, Teacher	56128
Certification and Licensure, shall be used by the Department of	56129
Education in each year of the biennium to administer teacher	56130
certification and licensure functions pursuant to sections	56131
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	56132
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	56133
3319.51 of the Revised Code.	56134

Section 44.21.  LOTTERY PROFITS

56135

(A) There is hereby created the Lottery Profits Education	56136
Reserve Fund (Fund 018) in the State Treasury. At no time shall	56137
the amount to the credit of the fund exceed $75,000,000.	56138
Investment earnings of the Lottery Profits Education Reserve Fund	56139
shall be credited to the fund. Notwithstanding any provisions of	56140
law to the contrary, for fiscal years 2002 and 2003, there is	56141
appropriated to the Department of Education, from the Lottery	56142
Profits Education Reserve Fund, an amount necessary to make loans	56143
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	56144
Revised Code. All loan repayments from loans made in fiscal years	56145
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	56146
deposited into the credit of the Lottery Profits Education Reserve	56147
Fund.	56148

(B)(1) On or before July 15, 2001, the Director of Budget	56149
and Management shall determine the amount by which lottery profit	56150
transfers received by the Lottery Profits Education Fund for	56151
fiscal year 2001 exceed $665,200,000. The amount so certified	56152
shall be distributed in fiscal year 2002 pursuant to divisions (C)	56153
and (D) of this section.	56154

(2) On or before July 15, 2002, the Director of Budget and	56155
Management shall determine the amount by which lottery profit	56156
transfers received by the Lottery Profits Education Fund for	56157
fiscal year 2002 exceed $608,722,100. The amount so determined	56158
shall be distributed in fiscal year 2003 pursuant to divisions (E)	56159
and (F) of this section.	56160

The Director of Budget and Management shall annually certify	56161
the amounts determined pursuant to this section to the Speaker of	56162
the House of Representatives and the President of the Senate.	56163

(C) Not later than June 15, 2002, the Department of	56164
Education, in consultation with the Director of Budget and	56165
Management, shall determine, based upon estimates, if a	56166
reallocation of funds as described in the section of this act	56167
titled "Reallocation of Funds" is required.	56168

If a reallocation of funds is required, then the	56169
Superintendent of Public Instruction shall request Controlling	56170
Board approval for a release of any balances in the Lottery	56171
Profits Education Fund available for the purpose of this division	56172
and pursuant to divisions (C)(1) and (2) of the section of this	56173
act titled "Reallocation of Funds." Any moneys so released are	56174
appropriated.	56175

(D) In fiscal year 2002, if the Department of Education does	56176
not determine that a reallocation of funds is necessary by the	56177
fifteenth day of June, as provided in division (C) of this	56178
section, or if there is a balance in the Lottery Profits Education	56179
Fund after the release of any amount needed to preclude a	56180
reallocation of funds as provided in division (C) of this section,	56181
the moneys in the Lottery Profits Education Fund shall be	56182
allocated as provided in this division. Any amounts so allocated	56183
are appropriated.	56184

An amount equal to five per cent of the estimated lottery	56185
profits of $665,200,000 in fiscal year 2001 or the amount	56186
remaining in the fund, whichever is the lesser amount, shall be	56187
transferred to the Lottery Profits Education Reserve Fund within	56188
the limitations specified in division (A) of this section and be	56189
reserved and shall not be available for allocation or distribution	56190
during fiscal year 2002. Any amounts exceeding $75,000,000 shall	56191
be distributed pursuant to division (G) of this section.	56192

(E) Not later than June 15, 2003, the Department of	56193
Education, in consultation with the Director of Budget and	56194
Management, shall determine, based upon estimates, if a	56195
reallocation of funds as described in the section of this act	56196
titled "Reallocation of Funds" is required.	56197

If a reallocation of funds is required, then the	56198
Superintendent of Public Instruction shall request Controlling	56199
Board approval for a release of any balances in the Lottery	56200
Profits Education Fund available for the purpose of this division	56201
and pursuant to divisions (C)(1) and (2) of the section of this	56202
act titled "Reallocation of Funds." Any moneys so released are	56203
appropriated.	56204

(F) In fiscal year 2003, if the Department of Education does	56205
not determine that a reallocation of funds is necessary by the	56206
fifteenth day of June, as provided in division (E) of this	56207
section, or if there is a balance in the Lottery Profits Education	56208
Fund after the release of any amount needed to preclude a	56209
reallocation of funds as provided in division (E) of this section,	56210
the moneys in the Lottery Profits Education Fund shall be	56211
allocated as provided in this division. Any amounts so allocated	56212
are appropriated.	56213

An amount equal to five per cent of the estimated lottery	56214
profits transfers of $608,722,100 in fiscal year 2002 or the	56215
amount remaining in the fund, whichever is the lesser amount,	56216
shall be transferred to the Lottery Profits Education Reserve Fund	56217
within the limitations specified in division (A) of this section	56218
and be reserved and shall not be available for allocation or	56219
distribution during fiscal year 2003. Any amounts exceeding	56220
$75,000,000 shall be distributed pursuant to division (G) of this	56221
section.	56222

(G) In the appropriate fiscal year, any remaining amounts	56223
after the operations required by division (D) or (F) of this	56224
section, respectively, shall be transferred to the Public School	56225
Building Fund (Fund 021) and such amount is appropriated to	56226
appropriation item CAP-622, Public School Buildings, in the School	56227
Facilities Commission.	56228

Section 44.22. PROPERTY TAX ALLOCATION	56229

The Superintendent of Public Instruction shall not request,	56230
and the Controlling Board shall not approve, the transfer of funds	56231
from appropriation item 200-901, Property Tax	56232
Allocation-Education, to any other appropriation item.	56233

SCHOOL DISTRICT SOLVENCY ASSISTANCE

56234

Of the foregoing appropriation item 200-687, School District	56235
Solvency Assistance, $12,000,000 in each fiscal year shall be	56236
allocated to the School District Shared Resource Account and	56237
$12,000,000 in each fiscal year shall be allocated to the	56238
Catastrophic Expenditures Account. These funds shall be used to	56239
provide assistance and grants to school districts to enable them	56240
to remain solvent pursuant to section 3316.20 of the Revised Code.	56241
Assistance and grants shall be subject to approval by the	56242
Controlling Board. Any required reimbursements from school	56243
districts for solvency assistance shall be made to the appropriate	56244
account in the School District Solvency Assistance Fund.	56245

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

56246

The foregoing appropriation item 200-900, School District	56247
Property Tax Replacement, shall be used by the Department of	56248
Education, in consultation with the Department of Taxation, to	56249
make payments to school districts and joint vocational school	56250
districts pursuant to section 5727.85 of the Revised Code.	56251

Section 44.23.  PROPERTY TAX ALLOCATION - EDUCATION

56252

The appropriation item 200-901, Property Tax Allocation -	56253
Education, is appropriated to pay for the state's costs incurred	56254
due to the homestead exemption and the property tax rollback. In	56255
cooperation with the Department of Taxation, the Department of	56256
Education shall distribute these funds directly to the appropriate	56257
school districts of the state, notwithstanding sections 321.24 and	56258
323.156 of the Revised Code, which provide for payment of the	56259
homestead exemption and property tax rollback by the Tax	56260
Commissioner to the appropriate county treasurer and the	56261
subsequent redistribution of these funds to the appropriate local	56262
taxing districts by the county auditor.	56263

Appropriation item 200-906, Tangible Tax Exemption -	56264
Education is appropriated to pay for the state's costs incurred	56265
due to the tangible personal property tax exemption required by	56266
division (C)(3) of section 5709.01 of the Revised Code. In	56267
cooperation with the Department of Taxation, the Department of	56268
Education shall distribute to each county treasurer the total	56269
amount certified by the county treasurer pursuant to section	56270
319.311 of the Revised Code, for all school districts located in	56271
the county, notwithstanding the provision in section 319.311 of	56272
the Revised Code which provides for payment of the $10,000	56273
tangible personal property tax exemption by the Tax Commissioner	56274
to the appropriate county treasurer for all local taxing districts	56275
located in the county. Pursuant to division (G) of section 321.24	56276
of the Revised Code, the county auditor shall distribute the	56277
amount paid by the Department of Education among the appropriate	56278
school districts.	56279

Upon receipt of these amounts, each school district shall	56280
distribute the amount among the proper funds as if it had been	56281
paid as real or tangible personal property taxes. Payments for	56282
the costs of administration shall continue to be paid to the	56283
county treasurer and county auditor as provided for in sections	56284
319.54, 321.26, and 323.156 of the Revised Code.	56285

Any sums, in addition to the amounts specifically	56286
appropriated in appropriation items 200-901, Property Tax	56287
Allocation - Education, for the homestead exemption and the	56288
property tax rollback payments, and 200-906, Tangible Tax	56289
Exemption - Education, for the $10,000 tangible personal property	56290
tax exemption payments, which are determined to be necessary for	56291
these purposes, are appropriated.	56292

Section 44.24.  DISTRIBUTION FORMULAS*

56293

The Department of Education shall report the following to the	56294
Director of Budget and Management, the Legislative Office of	56295
Education Oversight, and the Legislative Service Commission:	56296

(A) Changes in formulas for distributing state	56297
appropriations, including administratively defined formula	56298
factors;	56299

(B) Discretionary changes in formulas for distributing	56300
federal appropriations;	56301

(C) Federally mandated changes in formulas for distributing	56302
federal appropriations.	56303

Any such changes shall be reported two weeks prior to the	56304
effective date of the change.	56305

Section 44.25.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	56306
PAYMENTS	56307

This section shall not take effect unless the Director of	56308
Budget and Management adopts an order putting it into effect and	56309
certifies a copy of the order to the Superintendent of Public	56310
Instruction and the Controlling Board.	56311

Notwithstanding any other provision of the Revised Code, the	56312
monthly distribution of payments made to school districts and	56313
educational service centers pursuant to section 3317.01 of the	56314
Revised Code for the first six months of each fiscal year shall	56315
equal, as nearly as possible, six and two-thirds per cent of the	56316
estimate of the amounts payable for each fiscal year. The monthly	56317
distribution of payments for the last six months of each fiscal	56318
year shall equal, as nearly as possible, ten per cent of the final	56319
calculation of the amounts payable to each school district for	56320
that fiscal year.	56321

The treasurer of each school district or educational service	56322
center may accrue, in addition to the payments defined in this	56323
section, to the accounts of the calendar years that end during	56324
each fiscal year, the difference between the sum of the first six	56325
months' payments in each fiscal year and the amounts the district	56326
would have received had the payments been made in, as nearly as	56327
possible in each fiscal year, twelve equal monthly payments.	56328

Notwithstanding the limitations on the amount of borrowing	56329
and time of payment provided for in section 133.10 of the Revised	56330
Code but subject to sections 133.26 and 133.30 of the Revised	56331
Code, a board of education of a school district may at any time	56332
between July 1, 2001, and December 31, 2001, or at any time	56333
between July 1, 2002, and December 31, 2002, borrow money to pay	56334
any necessary and actual expenses of the school district during	56335
the last six months of calendar years 2001 and 2002 and in	56336
anticipation of the receipt of any portion of the payments to be	56337
received by that district in the first six months of calendar	56338
years 2002 and 2003 representing the respective amounts accrued	56339
pursuant to the preceding paragraph, and issue notes to evidence	56340
that borrowing to mature no later than the thirtieth day of June	56341
of the calendar year following the calendar year in which such	56342
amount was borrowed. The principal amount borrowed in the last	56343
six months of calendar years 2001 or 2002 under this paragraph may	56344
not exceed the entire amount accrued or to be accrued by the	56345
district treasurer in those calendar years pursuant to the	56346
preceding paragraph. The proceeds of the notes shall be used only	56347
for the purposes for which the anticipated receipts are lawfully	56348
appropriated by the board of education. No board of education	56349
shall be required to use the authority granted by this paragraph.	56350
The receipts so anticipated, and additional amounts from	56351
distributions to the districts in the first six months of calendar	56352
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code	56353
needed to pay the interest on the notes, shall be deemed	56354
appropriated by the board of education to the extent necessary for	56355
the payment of the principal of and interest on the notes at	56356
maturity, and the amounts necessary to make those monthly	56357
distributions are appropriated from the General Revenue Fund. For	56358
the purpose of better ensuring the prompt payment of principal of	56359
and interest on the notes when due, the resolution of the board of	56360
education authorizing the notes may direct that the amount of the	56361
receipts anticipated, together with those additional amounts	56362
needed to pay the interest on the borrowed amounts, shall be	56363
deposited and segregated, in trust or otherwise, to the extent, at	56364
the time or times, and in the manner provided in that resolution.	56365
The borrowing authorized by this section does not constitute debt	56366
for purposes of section 133.04 of the Revised Code. School	56367
districts shall be reimbursed by the state for all necessary and	56368
actual costs to districts arising from this provision, including,	56369
without limitation, the interest paid on the notes while the notes	56370
are outstanding. The Department of Education shall adopt rules	56371
that are not inconsistent with this section for school district	56372
eligibility and application for reimbursement of such costs.	56373
Payments of these costs shall be made out of any anticipated	56374
balances in appropriation items distributed under Chapter 3317. of	56375
the Revised Code. The department shall submit all requests for	56376
reimbursement under these provisions to the Controlling Board for	56377
approval.	56378

During the last six months of each calendar year, instead of	56379
deducting the amount the Superintendent of Public Instruction	56380
would otherwise deduct from a school district's or educational	56381
service center's state aid payments in accordance with the	56382
certifications made for such year pursuant to sections 3307.56 and	56383
3309.51 of the Revised Code, the superintendent shall deduct an	56384
amount equal to forty per cent of the amount so certified. The	56385
secretaries of the retirement systems shall compute the	56386
certifications for the ensuing year under such sections as if the	56387
entire amounts certified as due in the calendar year ending the	56388
current fiscal year, but not deducted pursuant to this paragraph,	56389
had been deducted and paid in that calendar year. During the	56390
first six months of the ensuing calendar year, in addition to	56391
deducting the amounts the Superintendent of Public Instruction is	56392
required to deduct under such sections during such period, the	56393
superintendent shall deduct from a district's or educational	56394
service center's state aid payments an additional amount equal to	56395
the amount that was certified as due from the district for the	56396
calendar year that ends during the fiscal year, but that was not	56397
deducted because of this paragraph. The superintendent's	56398
certifications to the Director of Budget and Management during the	56399
first six months of the calendar year shall reflect such	56400
additional deduction.	56401

Section 44.26.  REALLOCATION OF FUNDS

56402

(A) As used in this section:

56403

(1) "Basic aid" means the amount calculated for the school	56404
district received for the fiscal year under divisions (A) and (C)	56405
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,	56406
3317.0212, and 3317.0213 of the Revised Code and the amount	56407
computed for a joint vocational school district under section	56408
3317.16 of the Revised Code.	56409

(2) "Nonbasic aid" means the amount computed for a school	56410
district for fiscal year 2002 or fiscal year 2003 under Chapter	56411
3317. of the Revised Code and this act, excluding the district's	56412
basic aid and the amount computed under such chapter and acts for	56413
educational service centers, MR/DD boards, and institutions.	56414

(B) If in either fiscal year of the biennium the Governor	56415
issues an order under section 126.05 of the Revised Code to reduce	56416
expenditures and incurred obligations and the order requires the	56417
superintendent to reduce such state education payments, or if	56418
lottery profits transfers are insufficient to meet the amounts	56419
appropriated from the Lottery Profits Education Fund for base cost	56420
funding, and if other funds are not sufficient to offset the	56421
shortfall, the superintendent shall reduce nonbasic aid payments	56422
so that the total amount expended in the fiscal year will not	56423
exceed the amount available for expenditure pursuant to the	56424
Governor's order. Subject to Controlling Board approval, the	56425
superintendent shall reallocate appropriations not yet expended	56426
from one program to another.	56427

(C)(1) If further reductions in nonbasic aid are necessary	56428
following the reallocations implemented pursuant to division (B)	56429
of this section, the superintendent shall request the Controlling	56430
Board to approve the use of the money appropriated by this	56431
division. The superintendent shall include with the	56432
superintendent's request a report listing the amount of reductions	56433
that each school district will receive if the request is not	56434
approved, and also the amount of the reduction, if any, that will	56435
still be required if the use of the money appropriated by this	56436
section is approved.	56437

(2) In accordance with division (C)(1) of this section,	56438
there is appropriated to the Department of Education from the	56439
unobligated balance remaining in the Lottery Profits Education	56440
Fund at the end of fiscal year 2001 the lesser of: the	56441
unobligated balance in the fund, or the amount needed to preclude	56442
a reallocation pursuant to this section. The money appropriated	56443
by this division may be spent or distributed by the department	56444
only with the approval of the Controlling Board.	56445

(D) If reductions in nonbasic aid are still necessary	56446
following the actions taken pursuant to divisions (B) and (C) of	56447
this section, the superintendent shall determine by what	56448
percentage expenditures for nonbasic aid must be reduced for the	56449
remainder of the fiscal year to make the total amount distributed	56450
for the year equal the amount appropriated or available for	56451
distribution. The superintendent shall reduce by that percentage	56452
the amount to be paid in nonbasic aid to each city, exempted	56453
village, local, and joint vocational school district, to each	56454
educational service center, to each county board of mental	56455
retardation and developmental disabilities, and to each	56456
institution providing special education programs under section	56457
3323.091 of the Revised Code for the remainder of the fiscal year.	56458

Section 44.27.  EDUCATIONAL SERVICE CENTERS FUNDING

56459

Notwithstanding division (B) of section 3317.11 of the	56460
Revised Code, no funds shall be provided to an educational service	56461
center in either fiscal year for any pupils of a city or exempted	56462
village school district unless an agreement to provide services	56463
under section 3313.843 of the Revised Code was entered into by	56464
January 1, 1997, except that funds shall be provided to an	56465
educational service center for any pupils of a city school	56466
district if the agreement to provide services was entered into	56467
within one year of the date upon which such district changed from	56468
a local school district to a city school district. If	56469
insufficient funds are appropriated in fiscal year 2002 or fiscal	56470
year 2003 for the purposes of division (B) of section 3317.11 of	56471
the Revised Code, the department shall first distribute to each	56472
educational service center $37 per pupil in its service center	56473
ADM, as defined in that section. The remaining funds in each	56474
fiscal year shall be distributed proportionally, on a per-student	56475
basis, to each educational service center for its client ADM, as	56476
defined in that section, that is attributable to each city and	56477
exempted village school district that had entered into an	56478
agreement with an educational service center for that fiscal year	56479
under section 3313.843 of the Revised Code by January 1, 1997.	56480

Section 44.28. The State Board of Education shall adopt rules	56481
in accordance with section 119.03 of the Revised Code establishing	56482
a method for school districts to report their spending for special	56483
education and related services. Not later than February 1, 2002,	56484
the State Board shall file the rules in proposed form in	56485
accordance with section 119.03 of the Revised Code. The State	56486
Board shall make every effort to file the rules in final form so	56487
that they apply first in fiscal year 2003.	56488

Section 44.29. The Legislative Office of Education Oversight	56489
shall conduct a statistical sampling of individualized education	56490
programs developed for handicapped children under Chapter 3323. of	56491
the Revised Code to determine the following:	56492

(A) The extent to which school districts provide, and	56493
handicapped children utilize, all of the following:	56494

(1) Attendant services;	56495

(2) Vocational special education coordinator services;

56496

(3) Work-study services.

56497

(B) The handicaps that school districts identify as "other	56498
health handicaps" and the services that school districts provide	56499
to children identified as having "other health handicaps";	56500

(C) How school districts currently serve children identified	56501
as having learning disabilities.	56502

The Office shall report its findings and any recommendations	56503
to the General Assembly no later than January 1, 2003.	56504

Section 44.30. * For the school year commencing July 1,	56505
2001, or the school year commencing July 1, 2002, or both, the	56506
Superintendent of Public Instruction may waive for the board of	56507
education of any school district the ratio of teachers to pupils	56508
in kindergarten through fourth grade required under paragraph	56509
(A)(3) of rule 3301-35-03 of the Administrative Code if the	56510
following conditions apply:	56511

(A) The board of education requests the waiver.

56512

(B) After the Department of Education conducts an on-site	56513
evaluation of the district related to meeting the required ratio,	56514
the board of education demonstrates to the satisfaction of the	56515
Superintendent of Public Instruction that providing the facilities	56516
necessary to meet the required ratio during the district's regular	56517
school hours with pupils in attendance would impose an extreme	56518
hardship on the district.	56519

(C) The board of education provides assurances that are	56520
satisfactory to the Superintendent of Public Instruction that the	56521
board will act in good faith to meet the required ratio as soon as	56522
possible.	56523

Section 44.31.  PRIVATE TREATMENT FACILITY PILOT PROJECT

56524

(A) As used in this section:

56525

(1) The following are "participating residential treatment	56526
centers":	56527

(a) Private residential treatment facilities that have	56528
entered into a contract with the Department of Youth Services to	56529
provide services to children placed at the facility by the	56530
department and which, in fiscal year 2002 or 2003 or both, the	56531
department pays through appropriation item 470-401, Care and	56532
Custody;	56533

(b) Abraxas, in Shelby;

56534

(c) Paint Creek, in Bainbridge;

56535

(d) Act One, in Akron;

56536

(e) Friars Club, in Cincinnati.

56537

(2) "Education program" means an elementary or secondary	56538
education program or a special education program and related	56539
services.	56540

(3) "Served child" means any child receiving an education	56541
program pursuant to division (B) of this section.	56542

(4) "School district responsible for tuition" means a city,	56543
exempted village, or local school district that, if tuition	56544
payment for a child by a school district is required under law	56545
that existed in fiscal year 1998, is the school district required	56546
to pay that tuition.	56547

(5) "Residential child" means a child who resides in a	56548
participating residential treatment center and who is receiving an	56549
educational program under division (B) of this section.	56550

(B) A youth who is a resident of the state and has been	56551
assigned by a juvenile court or other authorized agency to a	56552
residential treatment facility specified in division (A) of this	56553
section shall be enrolled in an approved educational program	56554
located in or near the facility. Approval of the educational	56555
program shall be contingent upon compliance with the criteria	56556
established for such programs by the Department of Education. The	56557
educational program shall be provided by a school district or	56558
educational service center, or by the residential facility itself.	56559
Maximum flexibility shall be given to the residential treatment	56560
facility to determine the provider. In the event that a voluntary	56561
agreement cannot be reached and the residential facility does not	56562
choose to provide the educational program, the educational service	56563
center in the county in which the facility is located shall	56564
provide the educational program at the treatment center to	56565
children under twenty-two years of age residing in the treatment	56566
center.	56567

(C) Any school district responsible for tuition for a	56568
residential child shall, notwithstanding any conflicting provision	56569
of the Revised Code regarding tuition payment, pay tuition for the	56570
child for fiscal years 2002 and 2003 to the education program	56571
provider and in the amount specified in this division. If there	56572
is no school district responsible for tuition for a residential	56573
child and if the participating residential treatment center to	56574
which the child is assigned is located in the city, exempted	56575
village, or local school district that, if the child were not a	56576
resident of that treatment center, would be the school district	56577
where the child is entitled to attend school under sections	56578
3313.64 and 3313.65 of the Revised Code, that school district	56579
shall, notwithstanding any conflicting provision of the Revised	56580
Code, pay tuition for the child for fiscal years 2002 and 2003	56581
under this division unless that school district is providing the	56582
educational program to the child under division (B) of this	56583
section.	56584

A tuition payment under this division shall be made to the	56585
school district, educational service center, or residential	56586
treatment facility providing the educational program to the child.	56587

The amount of tuition paid shall be:

56588

(1) The amount of tuition determined for the district under	56589
division (A) of section 3317.08 of the Revised Code;	56590

(2) In addition, for any student receiving special education	56591
pursuant to an individualized education program as defined in	56592
section 3323.01 of the Revised Code, a payment for excess costs.	56593
This payment shall equal the actual cost to the school district,	56594
educational service center, or residential treatment facility of	56595
providing special education and related services to the student	56596
pursuant to the student's individualized education program, minus	56597
the tuition paid for the child under division (C)(1) of this	56598
section.	56599

A school district paying tuition under this division shall	56600
not include the child for whom tuition is paid in the district's	56601
average daily membership certified under division (A) of section	56602
3317.03 of the Revised Code.	56603

(D) In each of fiscal years 2002 and 2003, the Department of	56604
Education shall reimburse, from appropriations made for the	56605
purpose, a school district, educational service center, or	56606
residential treatment facility, whichever is providing the	56607
service, that has demonstrated that it is in compliance with the	56608
funding criteria for each served child for whom a school district	56609
must pay tuition under division (C) of this section. The amount	56610
of the reimbursement in either fiscal year shall be the formula	56611
amount specified in section 3317.022 of the Revised Code, except	56612
that the department shall proportionately reduce this	56613
reimbursement if sufficient funds are not available to pay this	56614
amount to all qualified providers.	56615

(E) Funds provided to a school district, educational service	56616
center, or residential treatment facility under this section shall	56617
be used to supplement, not supplant, funds from other public	56618
sources for which the school district, service center, or	56619
residential treatment facility is entitled or eligible.	56620

(F) The Department of Education shall track the utilization	56621
of funds provided to school districts, educational service	56622
centers, and residential treatment facilities under this section	56623
and monitor the effect of the funding on the educational programs	56624
they provide in participating residential treatment facilities.	56625
The department shall monitor the programs for educational	56626
accountability.	56627

Section 44.32.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	56628
ASSESSMENT OF EDUCATION PROGRESS	56629

The General Assembly intends for the Superintendent of Public	56630
Instruction to provide for school district participation in the	56631
administration of the National Assessment of Education Progress in	56632
fiscal years 2002 and 2003 in accordance with section 3301.27 of	56633
the Revised Code.	56634

Section 44.33.  Notwithstanding Chapter 3318. of the Revised	56635
Code, for purposes of complying with the local share and repayment	56636
tax requirements of section 3318.05 of the Revised Code, any	56637
school district given conditional approval for classroom	56638
facilities assistance under section 3318.04 of the Revised Code as	56639
of January 1, 1993, that approved a replacement permanent	56640
improvement levy at the November 5, 1996, election shall be	56641
permitted to use the proceeds of such levy, and any notes issued	56642
or to be issued in anticipation thereof, as available funds,	56643
within the meaning specified under section 3318.03 of the Revised	56644
Code, to pay the local share of the cost of the approved classroom	56645
facilities project. Notwithstanding the local share as previously	56646
determined for purposes of the conditional approval of the	56647
project, the local share shall be equal to the amount of proceeds	56648
to be obtained by the district under such replacement permanent	56649
improvement levy. Such school districts shall not be required to	56650
obtain approval of either of the propositions described in	56651
division (A) or (B) of section 3318.051 of the Revised Code. The	56652
agreement required under section 3318.08 of the Revised Code for	56653
the construction and sale of the project shall include provisions	56654
for the transfer of the proceeds of the replacement permanent	56655
improvement levy, and any notes issued in anticipation thereof, to	56656
the school district's project construction account, and for the	56657
levy of the replacement permanent improvement levy.	56658

Section 44.34.  The Superintendent of Public Instruction	56659
shall contract with an independent research entity to evaluate the	56660
pilot project approved pursuant to section 3313.975 of the Revised	56661
Code. The evaluation shall study the impact of scholarships on	56662
student attendance, conduct, commitment to education, and	56663
standardized test scores; parental involvement; the school	56664
district's ability to provide services to district students; and	56665
the availability of alternative educational opportunities. The	56666
evaluation shall also study the economic impact of scholarships on	56667
the school district.	56668

Section 44.35.  Notwithstanding division (C)(1) of section	56669
3313.975 of the Revised Code, in addition to students in	56670
kindergarten through third grade, initial scholarships may be	56671
awarded to fourth, fifth, sixth, seventh, and eighth grade	56672
students in fiscal year 2002 and in fiscal year 2003.	56673

Section 44.36.  (A) As used in this section, "pilot project	56674
area" means the school districts included in the territory of the	56675
former community school pilot project established by former	56676
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.	56677

(B) Any teacher or nonteaching employee of a school district	56678
in the pilot project area who, on the effective date of this	56679
section, is taking a leave of absence from the district pursuant	56680
to a policy adopted under former Section 50.52.13 of that act to	56681
work at a community school established under the pilot project and	56682
located in another school district may continue the leave under	56683
the terms of that policy and former section. Upon termination of	56684
the leave, the district shall return the teacher or nonteaching	56685
employee to a position, salary, and level of seniority as required	56686
by that former section.	56687

Section 44.37. As required by Section 50.52.2 of Am. Sub.	56688
H.B. 215 of the 122nd General Assembly, as subsequently amended,	56689
the Legislative Office of Education Oversight shall complete, by	56690
June 1, 2003, its final report on community schools with	56691
recommendations as to the future of community schools in Ohio.	56692
Copies of the report shall be delivered to the President of the	56693
Senate and the Speaker of the House of Representatives.	56694

Section 44.38. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	56695
COST AND PARITY AID FUNDING	56696

Pursuant to division (D)(3) of section 3317.012 of the	56697
Revised Code, and based on the most recent data available prior to	56698
the enactment of this act, the General Assembly has determined	56699
that the state share percentage of base cost and parity aid	56700
funding for the update year (fiscal year 2002) is 49.0%. This is	56701
the target percentage for fiscal years 2003 through 2007 that the	56702
General Assembly shall use to fulfill its obligation under	56703
division (D)(4) of section 3317.012 of the Revised Code.	56704

Pursuant to division (D)(4) of section 3317.012 of the	56705
Revised Code, and based on the most recent data available prior to	56706
the enactment of this act, the General Assembly has determined	56707
that the state share percentage of base cost and parity aid	56708
funding for fiscal year 2003 is 49.4%. This determination	56709
fulfills the General Assembly's obligation under that division for	56710
fiscal year 2003.	56711

Section 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS	56712

NETWORK COMMISSION

56713

General Revenue Fund

56714

General Services Fund Group

56722

STATEHOUSE NEWS BUREAU

56728

The foregoing appropriation item 374-401, Statehouse News	56729
Bureau, shall be used solely to support the operations of the Ohio	56730
Statehouse News Bureau.	56731

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

56732

The foregoing appropriation item 374-402, Ohio Government	56733
Telecommunications Studio, shall be used solely to support the	56734
operations of the Ohio Government Telecommunications Studio.	56735

TELECOMMUNICATIONS OPERATING SUBSIDY

56736

The foregoing appropriation item 374-404, Telecommunications	56737
Operating Subsidy, shall be distributed by the Ohio Educational	56738
Telecommunications Network Commission to Ohio's qualified public	56739
educational television stations, radio reading services, and	56740
educational radio stations to support their operations. The funds	56741
shall be distributed pursuant to an allocation developed by the	56742
Ohio Educational Telecommunications Network Commission.	56743

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

56744

The Director of Budget and Management shall transfer, by July	56745
15, 2001, all remaining balances in General Services Fund 4T2,	56746
Government Television/Telecommunications Operating, in the Capital	56747
Square Review and Advisory Board to General Services Fund 4T2,	56748
Government Television/Telecommunications Operating, in the Ohio	56749
Educational Telecommunications Network Commission. General	56750
Services Fund 4T2, Government Television/Telecommunications	56751
Operating, is hereby created in the Ohio Educational	56752
Telecommunications Network Commission.	56753

Section 46.  ELC OHIO ELECTIONS COMMISSION	56754

General Revenue Fund

56755

State Special Revenue Fund Group

56758

Section 47.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	56765

DIRECTORS

56766

General Services Fund Group

56767

Section 48.  ERB STATE EMPLOYMENT RELATIONS BOARD	56773

General Revenue Fund

56774

General Services Fund Group

56777

Section 49.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS	56783

General Services Fund Group

56784

Section 50.  EPA ENVIRONMENTAL PROTECTION AGENCY	56789

General Revenue Fund

56790

General Services Fund Group

56801

Federal Special Revenue Fund Group

56807

State Special Revenue Fund Group

56827

Section 50.01. AREAWIDE PLANNING AGENCIES

56860

Of the foregoing appropriation item 717-321, Surface Water,	56861
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003	56862
shall be divided evenly between the following six areawide	56863
planning agencies for the purpose of regional water management	56864
planning: Eastgate Regional Council of Governments, Miami Valley	56865
Regional Planning Commission, Northeast Ohio Four County Regional	56866
Planning and Development Organization, Northeast Ohio Areawide	56867
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of	56868
Governments, and Toledo Metropolitan Area Council of Governments.	56869

CENTRAL SUPPORT INDIRECT	56870

Notwithstanding any other provision of law to the contrary,	56871
the Director of Environmental Protection, with the approval of the	56872
Director of Budget and Management, shall utilize a methodology for	56873
determining each division's payments into the Central Support	56874
Indirect Fund (Fund 219). The methodology used shall contain the	56875
characteristics of administrative ease and uniform application.	56876
Payments to the Central Support Indirect Fund (Fund 219) shall be	56877
made using an intrastate transfer voucher.	56878

Not later than November 30, 2001, the Director of	56879
Environmental Protection shall certify to the Director of Budget	56880
and Management the cash balances in Fund 356, Indirect Costs, and	56881
Fund 4C3, Central Support Indirect, and may request the Director	56882
of Budget and Management to transfer up to the certified amounts	56883
into Fund 219, Central Support Indirect. The amount transferred	56884
is hereby appropriated.	56885

SOLID WASTE FUND TRANSFER

56886

Not later than March 1, 2002, the Director of Environmental	56887
Protection shall certify to the Director of Budget and Management	56888
the amount expended from Fund 4K3, Solid Waste, during fiscal	56889
years 2000 and 2001 for emergency expenses incurred as a result of	56890
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	56891
the Director of Environmental Protection shall request the	56892
Director of Budget and Management to transfer up to one-half of	56893
the certified amount during fiscal year 2002 and the balance of	56894
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	56895
Tire Management, to Fund 4K3, Solid Waste. The amounts	56896
transferred are hereby appropriated.	56897

Moneys transferred from Fund 4R5, Scrap Tire Management, to	56898
Fund 4K3, Solid Waste, shall not consist of any moneys generated	56899
under division (A)(2) of section 3734.901 of the Revised Code as	56900
amended by this act.	56901

KIRBY TIRE SITE

56902

Of the moneys collected under division (A)(2) of section	56903
3734.901 of the Revised Code as amended by this act and deposited	56904
into the Scrap Tire Management Fund, at least fifty per cent shall	56905
be expended for cleanup and removal activities at the Kirby Tire	56906
site in Wyandot County during fiscal years 2002 and 2003.	56907

Section 51.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION	56908

General Revenue Fund

56909

Section 52.  ETH OHIO ETHICS COMMISSION	56914

General Revenue Fund

56915

General Services Fund Group

56918

FEE REVENUE TRANSFER

56923

If the fee revenue that is raised and deposited into Fund 4M6	56924
146-601, Operating Expenses, exceeds the amount appropriated each	56925
fiscal year, the extra fee revenue shall be hereby appropriated	56926
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce	56927
the GRF appropriation item 146-321, Operating Expenses, in an	56928
amount equal to the amount of the extra fee revenue generated each	56929
fiscal year.	56930

Section 53.  EXP OHIO EXPOSITIONS COMMISSION	56931

General Revenue Fund

56932

State Special Revenue Fund Group

56935

STATE FAIR RESERVE

56942

The foregoing appropriation item 723-603, State Fair Reserve,	56943
shall serve as a budget reserve fund for the Ohio Expositions	56944
Commission in the event of a significant decline in attendance due	56945
to inclement weather or extraordinary circumstances during the	56946
Ohio State Fair and resulting in a loss of revenue. The State	56947
Fair Reserve may be used by the Ohio Expositions Commission to pay	56948
bills resulting from the Ohio State Fair only if all the following	56949
criteria are met:	56950

(A) Admission revenues for the 2001 Ohio State Fair are less	56951
than $2,920,000 or admission revenues for the 2002 Ohio State Fair	56952
are less than $3,010,000 due to inclement weather or extraordinary	56953
circumstances. These amounts are ninety per cent of the projected	56954
admission revenues for each year.	56955

(B) The Ohio Expositions Commission declares a state of	56956
fiscal exigency and requests release of funds by the Director of	56957
Budget and Management.	56958

(C) The Director of Budget and Management releases the	56959
funds. The Director of Budget and Management may approve or	56960
disapprove the request for release of funds, may increase or	56961
decrease the amount of release, and may place such conditions as	56962
the director deems necessary on the use of the released funds. The	56963
Director of Budget and Management may transfer appropriation	56964
authority from fiscal year 2002 to fiscal year 2003 as needed.	56965

In the event that the Ohio Expositions Commission faces a	56966
temporary cash shortage that will preclude them from meeting	56967
current obligations, the Commission may request the Director of	56968
Budget and Management to approve use of the State Fair Reserve to	56969
meet those obligations. The request shall include a plan	56970
describing how the Commission will eliminate the cash shortage. If	56971
the Director of Budget and Management approves the expenditures,	56972
the Commission shall reimburse Fund 640 by the thirtieth day of	56973
June of that same fiscal year through an intrastate transfer	56974
voucher. The amount reimbursed is appropriated.	56975

Section 54.  GOV OFFICE OF THE GOVERNOR	56976

General Revenue Fund

56977

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

56983

The Governor may expend a portion of the foregoing	56984
appropriation item 040-321, Operating Expenses, to hire or appoint	56985
legal counsel to be used in proceedings involving the Governor in	56986
the Governor's official capacity or the Governor's office only,	56987
without the approval of the Attorney General, notwithstanding	56988
sections 109.02 and 109.07 of the Revised Code.	56989

Section 55.  DOH DEPARTMENT OF HEALTH

56990

General Revenue Fund

56991

General Services Fund Group

57014

Federal Special Revenue Fund Group

57023

State Special Revenue Fund Group

57031

Holding Account Redistribution Fund Group

57051

Section 55.01. HEMOPHILIA SERVICES

57058

Of the foregoing appropriation item 440-406, Hemophilia	57059
Services, $205,000 in each fiscal year shall be used to implement	57060
the Hemophilia Insurance Pilot Project.	57061

Of the foregoing appropriation item 440-406, Hemophilia	57062
Services, up to $245,000 in each fiscal year shall be used by the	57063
Department of Health to provide grants to the nine hemophilia	57064
treatment centers to provide prevention services for persons with	57065
hemophilia and their family members affected by AIDS and other	57066
bloodborne pathogens.	57067

CANCER REGISTRY SYSTEM

57068

Of the foregoing appropriation item 440-412, Cancer Incidence	57069
Surveillance System, $50,000 in each fiscal year shall be provided	57070
to the Northern Ohio Cancer Resource Center.	57071

The remaining moneys in appropriation item 440-412, Cancer	57072
Incidence Surveillance System, shall be used to maintain and	57073
operate the Ohio Cancer Incidence Surveillance System pursuant to	57074
sections 3701.261 to 3701.263 of the Revised Code.	57075

No later than March 1, 2002, the Ohio Cancer Incidence	57076
Surveillance Advisory Board shall report to the General Assembly	57077
on the effectiveness of the cancer incidence surveillance system	57078
and the partnership between the Department of Health and the	57079
Arthur G. James Cancer Hospital and Richard J. Solove Research	57080
Institute of The Ohio State University.	57081

CHILD AND FAMILY HEALTH SERVICES

57082

Of the foregoing appropriation item 440-416, Child and Family	57083
Health Services, $1,700,000 in each fiscal year shall be used for	57084
family planning services. None of the funds received through	57085
these family planning grants shall be used to provide abortion	57086
services. None of the funds received through these family	57087
planning grants shall be used for counseling for or referrals for	57088
abortion, except in the case of a medical emergency. These funds	57089
shall be distributed on the basis of the relative need in the	57090
community served by the Director of Health to family planning	57091
programs, which shall include family planning programs funded	57092
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	57093
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	57094
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	57095
as well as to other family planning programs that the Department	57096
of Health also determines will provide services that are	57097
physically and financially separate from abortion-providing and	57098
abortion-promoting activities, and that do not include counseling	57099
for or referrals for abortion, other than in the case of medical	57100
emergency, with state moneys, but that otherwise substantially	57101
comply with the quality standards for such programs under Title V	57102
and Title X.	57103

The Director of Health, by rule, shall provide reasonable	57104
methods by which a grantee wishing to be eligible for federal	57105
funding may comply with these requirements for state funding	57106
without losing its eligibility for federal funding, while ensuring	57107
that a family planning program receiving a family planning grant	57108
must be organized so that it is physically and financially	57109
separate from the provision of abortion services and from	57110
activities promoting abortion as a method of family planning.	57111

Of the foregoing appropriation item 440-416, Child and Family	57112
Health Services, $150,000 in each fiscal year shall be used to	57113
provide malpractice insurance for physicians and other health	57114
professionals providing prenatal services in programs funded by	57115
the Department of Health.	57116

Of the foregoing appropriation item 440-416, Child and Family	57117
Health Services, $279,000 shall be used in each fiscal year for	57118
the OPTIONS dental care access program.	57119

Of the foregoing appropriation item 440-416, Child and Family	57120
Health Services, $600,000 in each fiscal year shall be used by	57121
local child and family health services clinics to provide services	57122
to uninsured low-income persons.	57123

Of the foregoing appropriation item 440-416, Child and Family	57124
Health Services, $900,000 in each fiscal year shall be used by	57125
federally qualified health centers and federally designated	57126
look-alikes to provide services to uninsured low-income persons.	57127

Of the foregoing appropriation item 440-416, Child and Family	57128
Health Services, $50,000 in each fiscal year shall be used for the	57129
Tree of Knowledge Learning Center in Cleveland Heights.	57130

Of the foregoing appropriation item 440-416, Child and Family	57131
Health Services, $25,000 in fiscal year 2002 shall be provided to	57132
the Suicide Prevention Program of Clermont County.	57133

Of the foregoing appropriation item 440-416, Child and Family	57134
Health Services, $50,000 in fiscal year 2002 shall be provided to	57135
the Discover Health Project.	57136

Of the foregoing appropriation item 440-416, Child and Family	57137
Health Services, $75,000 in fiscal year 2002 shall be provided to	57138
the Mayerson Center.	57139

Of the foregoing appropriation item 440-416, Child and Family	57140
Health Services, $50,000 in fiscal year 2002 shall be provided to	57141
the Central Clinic at the University of Cincinnati.	57142

IMMUNIZATIONS

57143

Of the foregoing appropriation item 440-418, Immunizations,	57144
$125,000 per fiscal year shall be used to provide vaccinations for	57145
Hepatitis B to all qualified underinsured students in the seventh	57146
grade who have not been previously immunized.	57147

Of the foregoing appropriation item 440-418, Immunizations,	57148
up to $25,000 in each fiscal year shall be used to provide	57149
vaccinations for pneumococcal disease for children between the	57150
ages of two and five.	57151

SEXUAL ASSAULT PREVENTION AND INTERVENTION

57152

The foregoing appropriation item 440-419, Sexual Assault	57153
Prevention and Intervention, shall be used for the following	57154
purposes:	57155

(A) Funding of new services in counties with no services for	57156
sexual assault;	57157

(B) Expansion of services provided in currently funded	57158
projects so that comprehensive crisis intervention and prevention	57159
services are offered;	57160

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	57161
projects;	57162

(D) Statewide expansion of local outreach and public	57163
awareness efforts.	57164

HIV/AIDS PREVENTION/TREATMENT

57165

Of the foregoing appropriation item 440-444, AIDS Prevention	57166
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	57167
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	57168
in acquiring HIV-related medications.	57169

The HIV Drug Assistance Program is pursuant to section	57170
3701.241 of the Revised Code and Title XXVI of the "Public Health	57171
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	57172
The Department of Health may adopt rules pursuant to Chapter 119.	57173
of the Revised Code as necessary for the administration of the	57174
program.	57175

INFECTIOUS DISEASE PREVENTION

57176

Notwithstanding section 339.77 of the Revised Code, $60,000	57177
of the foregoing appropriation item 440-446, Infectious Disease	57178
Prevention, shall be used by the Director of Health to reimburse	57179
Boards of County Commissioners for the cost of detaining indigent	57180
persons with tuberculosis. Any portion of the $60,000 allocated	57181
for detainment not used for that purpose shall be used to make	57182
payments to counties pursuant to section 339.77 of the Revised	57183
Code.	57184

Of the foregoing appropriation item 440-446, Infectious	57185
Disease Prevention, $200,000 in each fiscal year shall be used for	57186
the purchase of drugs for sexually transmitted diseases.	57187

HELP ME GROW

57188

The foregoing appropriation item 440-459, Help Me Grow, shall	57189
be used by the Department of Health to distribute subsidies to	57190
counties to implement the Ohio Early Start, Early Intervention,	57191
and Welcome Home Programs. Counties that receive subsidies from	57192
appropriation item 440-459, Help Me Grow, shall use the funds to	57193
provide home-visiting services to newborn infants and their	57194
families, and services to infants and toddlers under three years	57195
of age who are at risk for, or with a, developmental delay or	57196
disability, and their families. Appropriation item 440-459 may be	57197
used in conjunction with Temporary Assistance for Needy Families	57198
from the Department of Job and Family Services, Even Start from	57199
the Department of Education, and in conjunction with other early	57200
childhood funds and services to promote the optimal development of	57201
young children. Local contacts shall be developed between local	57202
departments of job and family services and family and children	57203
first councils for the administration of TANF funding for the Help	57204
Me Grow Program. The Department of Health shall enter into an	57205
interagency agreement with the Department of Education to	57206
coordinate the planning, design, and grant selection process for	57207
any new Even Start grants and to ensure that all new and existing	57208
programs within Help Me grow are school linked.	57209

POISON CONTROL NETWORK

57210

The foregoing appropriation item 440-504, Poison Control	57211
Network, shall be used in each fiscal year by the Department of	57212
Health for grants to the consolidated Ohio Poison Control Center	57213
to provide poison control services to Ohio citizens.	57214

BIRTH DEFECTS INFORMATION SYSTEM

57215

Of the foregoing appropriation item 440-507, Cystic Fibrosis,	57216
$50,000 in each fiscal year shall be used to begin implementation	57217
of the Birth Defects Information System established under Sub.	57218
H.B. 534 of the 123rd General Assembly.	57219

TANF FAMILY PLANNING

57220

The Director of Budget and Management shall transfer by	57221
intrastate transfer voucher, no later than the fifteenth day of	57222
July of each fiscal year, cash from the General Revenue Fund,	57223
appropriation item 600-410, TANF State, to General Services Fund	57224
5C1 in the Department of Health, in an amount of $250,000 in each	57225
fiscal year for the purpose of family planning services for	57226
children or their families whose income is at or below 200 per	57227
cent of the official poverty guideline.	57228

As used in this section, "poverty guideline" means the	57229
official poverty guideline as revised annually by the United	57230
States Secretary of Health and Human Services in accordance with	57231
section 673 of the "Community Services Block Grant Act," 95 Stat.	57232
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	57233
to the size of the family of the person whose income is being	57234
determined.	57235

MATERNAL CHILD HEALTH BLOCK GRANT

57236

Of the foregoing appropriation item 440-601, Maternal Child	57237
Health Block Grant (Fund 320), $2,091,299 shall be used in each	57238
fiscal year for the purposes of abstinence-only education. The	57239
Director of Health shall develop guidelines for the establishment	57240
of abstinence programs for teenagers with the purpose of	57241
decreasing unplanned pregnancies and abortion. Such guidelines	57242
shall be pursuant to Title V of the "Social Security Act," 42	57243
U.S.C.A. 510, and shall include, but are not limited to,	57244
advertising campaigns and direct training in schools and other	57245
locations.	57246

A portion of the foregoing appropriation item 440-601,	57247
Maternal Child Health Block Grant (Fund 320), may be used to	57248
ensure that current information on sudden infant death syndrome is	57249
available for distribution by local health districts.	57250

TITLE XX TRANSFER

57251

Of the foregoing appropriation item 440-611, Title XX	57252
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used	57253
for the purposes of abstinence-only education. The Director of	57254
Health shall develop guidelines for the establishment of	57255
abstinence programs for teenagers with the purpose of decreasing	57256
unplanned pregnancies and abortion. The guidelines shall be	57257
developed pursuant to Title V of the "Social Security Act," 42	57258
U.S.C. 510, and shall include, but are not to be limited to,	57259
advertising campaigns and direct training in schools and other	57260
locations.	57261

GENETICS SERVICES

57262

The foregoing appropriation item 440-608, Genetics Services	57263
(Fund 4D6), shall be used by the Department of Health to	57264
administer programs authorized by sections 3701.501 and 3701.502	57265
of the Revised Code. None of these funds shall be used to counsel	57266
or refer for abortion, except in the case of a medical emergency.	57267

SICKLE CELL FUND

57268

The foregoing appropriation item 440-610, Sickle Cell Disease	57269
Control (Fund 4F9), shall be used by the Department of Health to	57270
administer programs authorized by section 3701.131 of the Revised	57271
Code. The source of the funds is as specified in section 3701.23	57272
of the Revised Code.	57273

SAFETY AND QUALITY OF CARE STANDARDS

57274

The Department of Health may use Fund 471, Certificate of	57275
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	57276
the Revised Code in each fiscal year.	57277

MEDICALLY HANDICAPPED CHILDREN AUDIT

57278

The Medically Handicapped Children Audit Fund (Fund 477)	57279
shall receive revenue from audits of hospitals and recoveries from	57280
third-party payors. Moneys may be expended for payment of audit	57281
settlements and for costs directly related to obtaining recoveries	57282
from third-party payors and for encouraging Medically Handicapped	57283
Children's Program recipients to apply for third-party benefits.	57284
Moneys also may be expended for payments for diagnostic and	57285
treatment services on behalf of medically handicapped children, as	57286
defined in division (A) of section 3701.022 of the Revised Code,	57287
and Ohio residents who are twenty-one or more years of age and who	57288
are suffering from cystic fibrosis. Moneys may also be expended	57289
for administrative expenses incurred in operating the Medically	57290
Handicapped Children's Program.	57291

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	57292
PERMIT FUND	57293

The Director of Budget and Management, pursuant to a plan	57294
submitted by the Department of Health, or as otherwise determined	57295
by the Director of Budget and Management, shall set a schedule to	57296
transfer cash from the Liquor Control Fund (Fund 043) to the	57297
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	57298
needs of the Alcohol Testing and Permit program.	57299

The Director of Budget and Management shall transfer to the	57300
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	57301
Fund (Fund 043) established in section 4301.12 of the Revised Code	57302
such amounts at such times as determined by the transfer schedule.	57303

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

57304

The foregoing appropriation item 440-607, Medically	57305
Handicapped Children - County Assessments (Fund 666), shall be	57306
used to make payments pursuant to division (E) of section 3701.023	57307
of the Revised Code.	57308

Section 55.02. (A) There is hereby created the Health Care	57309
Workforce Shortage Task Force to study the shortage of health care	57310
professionals and health care workers in the health care workforce	57311
and to propose a state plan to address the problem. For the	57312
purposes of the Task Force, "health care professional" and "health	57313
care worker" have the same meanings as in section 2305.234 of the	57314
Revised Code.	57315

(B) The Director of Health shall serve as chair of the	57316
Health Care Workforce Shortage Task Force. The Task Force shall	57317
consist of not more than twenty-one members, who shall serve	57318
without compensation. The Director of Aging, one member of the	57319
Senate, appointed by the President of the Senate, and one member	57320
of the House of Representatives, appointed by the Speaker of the	57321
House of Representatives, shall serve on the Task Force. The	57322
member from the House of Representatives and the member from the	57323
Senate shall be from different political parties. The Director of	57324
Health shall appoint health care professionals and health care	57325
workers representing each of the following organizations:	57326

(1) Ohio Hospital Association;

57327

(2) Ohio Association of Children's Hospitals;

57328

(3) Ohio Council for Home Care;

57329

(4) Ohio Health Care Association;

57330

(5) Ohio Hospice and Palliative Care Organization;

57331

(6) Ohio Association of Philanthropic Homes;

57332

(7) Ohio Commission on Minority Health;

57333

(8) Ohio Nurses Association;

57334

(9) Ohio Pharmacists Association;

57335

(10) Ohio State Medical Association;

57336

(11) Families for Improved Care;

57337

(12) Ohio Association of Health Care Quality;

57338

(13) Ohio Academy of Family Physicians;

57339

(14) Ohio Provider Resource Association;

57340

(15) Ohio Association of Adult Day Services.

57341

(C) The Department of Health shall provide the Task Force	57342
with office space, staff, supplies, services, and other support as	57343
needed.	57344

(D) The Task Force shall do all of the following:

57345

(1) Review the licensing standards for all health care	57346
professionals;	57347

(2) Identify strategies to increase recruitment, retention,	57348
and development of qualified health care professionals and health	57349
care workers in health care settings;	57350

(3) Develop recommendations for improving scopes of practice	57351
to remove unnecessary barriers to high quality provision of health	57352
care;	57353

(4) Develop possible demonstration projects to present	57354
technology's potential to increase the efficiency of health care	57355
personnel;	57356

(5) Recommend education strategies to meet health care	57357
workforce needs.	57358

(E) The Task Force shall submit a report of its findings and	57359
recommendations to the Speaker and Minority Leader of the House of	57360
Representatives and to the President and Minority Leader of the	57361
Senate not later than July 1, 2002. On submission of the report,	57362
the Task Force shall cease to exist.	57363

Section 56.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION	57364

Agency Fund Group

57365

Section 57.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS	57370

General Revenue Fund

57371

General Services Fund Group

57376

COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW

57381

No later than December 31, 2001, the Commission on	57382
Hispanic/Latino Affairs shall submit to the chairperson and	57383
ranking minority member of the Human Services Subcommittee of the	57384
Finance and Appropriations Committee of the House of	57385
Representatives a report that demonstrates the progress that has	57386
been made toward meeting the Commission's mission statement.	57387

Section 58.  OHS OHIO HISTORICAL SOCIETY

57388

General Revenue Fund

57389

SUBSIDY APPROPRIATION

57399

Upon approval by the Director of Budget and Management, the	57400
foregoing appropriation items shall be released to the Ohio	57401
Historical Society in quarterly amounts that in total do not	57402
exceed the annual appropriations. The funds and fiscal records of	57403
the society for fiscal years 2002 and 2003 shall be examined by	57404
independent certified public accountants approved by the Auditor	57405
of State, and a copy of the audited financial statements shall be	57406
filed with the Office of Budget and Management. The society shall	57407
prepare and submit to the Office of Budget and Management the	57408
following:	57409

(A) An estimated operating budget for each fiscal year of	57410
the biennium. The operating budget shall be submitted at or near	57411
the beginning of each year.	57412

(B) Financial reports, indicating actual receipts and	57413
expenditures for the fiscal year to date. These reports shall be	57414
filed at least semiannually during the fiscal biennium.	57415

The foregoing appropriations shall be considered to be the	57416
contractual consideration provided by the state to support the	57417
state's offer to contract with the Ohio Historical Society under	57418
section 149.30 of the Revised Code.	57419

OPERATING SUBSIDY

57420

The Director of Budget and Management shall not release the	57421
second quarterly payment for FY 2002 of the foregoing	57422
appropriation item GRF 360-501, Operating Subsidy, to the Ohio	57423
Historical Society until the release of these moneys is approved	57424
by the Controlling Board. The Controlling Board shall not approve	57425
such release until the Ohio Historical Society submits a plan to	57426
the Controlling Board containing a detailed budget with current	57427
and projected costs of operating each state memorial by category,	57428
the sources and amounts of non-state income used at each site, and	57429
the Ohio Historical Society's management plan for each site during	57430
the biennium. The Controlling Board shall consult with the Ohio	57431
Historic Preservation Advisory Board and determine the Ohio	57432
Historical Society's submitted plan to adequately meet the state's	57433
goal of historic preservation prior to the approval of the release	57434
of moneys from GRF 360-501, Operating Subsidy, to the Ohio	57435
Historical Society.	57436

HAYES PRESIDENTIAL CENTER

57437

If a United States government agency, including, but not	57438
limited to, the National Park Service, chooses to take over the	57439
operations or maintenance of the Hayes Presidential Center, in	57440
whole or in part, the Ohio Historical Society shall make	57441
arrangements with the National Park Service or other United States	57442
government agency for the efficient transfer of operations or	57443
maintenance.	57444

HISTORICAL GRANTS	57445

Of the foregoing appropriation item 360-508, Historical	57446
Grants, $50,000 in each fiscal year shall be distributed to the	57447
Hebrew Union College in Cincinnati for the Holocaust Education	57448
Project, $20,000 in fiscal year 2002 shall be distributed to the	57449
Clinton County Historical Society, $60,000 in fiscal year 2002	57450
shall be distributed to the Holbrook College Project, $100,000 in	57451
each fiscal year shall be distributed to the Western Reserve	57452
Historical Society Hale Farm Project, $125,000 in each fiscal year	57453
shall be distributed to the Great lakes Historical Society,	57454
$500,000 in each fiscal year shall be distributed to the Western	57455
Reserve Historical Society, $75,000 in fiscal year 2002 shall be	57456
distributed to the Cincinnati Museum Center, $50,000 in fiscal	57457
year 2002 shall be distributed to the Underground Railroad Freedom	57458
Center, and $25,000 in fiscal year 2002 shall be distributed to	57459
the Emery Theatre.	57460

Section 59.  REP OHIO HOUSE OF REPRESENTATIVES	57461

General Revenue Fund

57462

General Services Fund Group

57465

Section 60.  IGO OFFICE OF THE INSPECTOR GENERAL	57472

General Revenue Fund

57473

State Special Revenue Fund Group

57476

Of the foregoing appropriation item 965-602, Special	57480
Investigations, up to $100,000 in each fiscal year may be used for	57481
investigative costs, pursuant to section 121.481 of the Revised	57482
Code.	57483

Section 61.  INS DEPARTMENT OF INSURANCE	57484

Federal Special Revenue Fund Group

57485

State Special Revenue Fund Group

57489

MARKET CONDUCT EXAMINATION

57496

When conducting a market conduct examination of any insurer	57497
doing business in this state, the Superintendent of Insurance may	57498
assess the costs of the examination against the insurer. The	57499
superintendent may enter into consent agreements to impose	57500
administrative assessments or fines for conduct discovered that	57501
may be violations of statutes or regulations administered by the	57502
superintendent. All costs, assessments, or fines collected shall	57503
be deposited to the credit of the Department of Insurance	57504
Operating Fund (Fund 554).	57505

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

57506

The Superintendent of Insurance may transfer funds from the	57507
Department of Insurance Operating Fund (Fund 554), established by	57508
section 3901.021 of the Revised Code, to the Superintendent's	57509
Examination Fund (Fund 555), established by section 3901.071 of	57510
the Revised Code, only for the expenses incurred in examining	57511
domestic fraternal benefit societies as required by section	57512
3921.28 of the Revised Code.	57513

Section 62. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

57514

General Revenue Fund

57515

General Services Fund Group

57566

Federal Special Revenue Fund Group

57574

State Special Revenue Fund Group

57601

Agency Fund Group

57624

Holding Account Redistribution Fund Group

57629

Section 62.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL	57636
ASSEMBLY	57637

In addition to other reporting requirements established in	57638
the Revised Code, the Department of Job and Family Services shall,	57639
not later than June 30, 2002, at the request of the Finance and	57640
Appropriations Committee of the House of Representatives, report	57641
to the General Assembly on the department's performance in	57642
carrying out its mission and include in the report at least the	57643
following: the long-term planning and vision for the various	57644
elements of the Department of Job and Family Services, and an	57645
analysis of the fund balances and cash flow in the department's	57646
budget.	57647

Section 62.02. ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

57648

Each fiscal year, the Director of Budget and Management shall	57649
transfer $3,500,000 in appropriation authority from appropriation	57650
item 600-410, TANF State, to State Special Revenue Fund 5B7	57651
appropriation item 038-629, TANF Transfer-Treatment, and	57652
$1,500,000 in appropriation authority from appropriation item	57653
600-410, TANF State, to State Special Revenue Fund 5E8	57654
appropriation item 038-630, TANF Transfer-Mentoring, in the	57655
Department of Alcohol and Drug Addiction Services. The	57656
Department of Alcohol and Drug Addiction Services shall comply	57657
with all TANF reporting requirements and timelines specified by	57658
the Department of Job and Family Services.	57659

Section 62.03. DISABILITY ASSISTANCE

57660

The following schedule shall be used to determine monthly	57661
grant levels in the Disability Assistance Program effective July	57662
1, 2001.	57663

Section 62.04. ADULT EMERGENCY ASSISTANCE PROGRAM

57681

Appropriations in appropriation item 600-512, Non-TANF	57682
Emergency Assistance, in each fiscal year shall be used for the	57683
Adult Emergency Assistance Program established under section	57684
5101.86 of the Revised Code.	57685

Section 62.05. HEALTH CARE/MEDICAID	57686

The foregoing appropriation item 600-525, Health	57687
Care/Medicaid, shall not be limited by the provisions of section	57688
131.33 of the Revised Code.	57689

Section 62.06. CHILD SUPPORT COLLECTIONS/TANF MOE

57690

The foregoing appropriation item 600-658, Child Support	57691
Collections, shall be used by the Department of Job and Family	57692
Services to meet the TANF maintenance of effort requirements of	57693
Pub. L. No. 104-193. After the state has met the maintenance of	57694
effort requirement, the Department of Job and Family Services may	57695
use funds from appropriation item 600-658 to support public	57696
assistance activities.	57697

Section 62.07. MEDICAID PROGRAM SUPPORT FUND - STATE

57698

The foregoing appropriation item 600-671, Medicaid Program	57699
Support, shall be used by the Department of Job and Family	57700
Services to pay for Medicaid services and contracts.	57701

Section 62.08.  HOSPITAL CARE ASSURANCE MATCH FUND

57702

Appropriation item 600-650, Hospital Care Assurance Match,	57703
shall be used by the Department of Job and Family Services in	57704
accordance with division (B) of section 5112.18 of the Revised	57705
Code.	57706

Section 62.09. TANF

57707

TANF COUNTY INCENTIVES

57708

Of the foregoing appropriation item 600-689, TANF Block	57709
Grant, the Department of Job and Family Services may provide	57710
financial incentives to those county departments of job and family	57711
services that have exceeded performance standards adopted by the	57712
state department, and where the board of county commissioners has	57713
entered into a written agreement with the state department under	57714
section 5101.21 of the Revised Code governing the administration	57715
of the county department. Any financial incentive funds provided	57716
pursuant to this division shall be used by the county department	57717
for additional or enhanced services for families eligible for	57718
assistance under Chapter 5107. or benefits and services under	57719
Chapter 5108. of the Revised Code or, on request by the county and	57720
approval by the Department of Job and Family Services, be	57721
transferred to the Child Care and Development Fund or the Social	57722
Services Block Grant. The county departments of job and family	57723
services may retain and expend such funds without regard to the	57724
state or county fiscal year in which the financial incentives were	57725
earned or paid. Each county department of job and family services	57726
shall file an annual report with the Department of Job and Family	57727
Services providing detailed information on the expenditure of	57728
these financial incentives and an evaluation of the effectiveness	57729
of the county department's use of these funds in achieving	57730
self-sufficiency for families eligible for assistance under	57731
Chapter 5107. or benefits and services under Chapter 5108. of the	57732
Revised Code.	57733

TANF YOUTH DIVERSION PROGRAMS

57734

Of the foregoing appropriation item 600-689, TANF Block	57735
Grant, $19,500,000 in each fiscal year shall be allocated by the	57736
Department of Job and Family Services to the counties according to	57737
the allocation formula established in division (D) of section	57738
5101.14 of the Revised Code. Of the funds allocated to each	57739
county, up to half may be used for contract or county-provided	57740
services for unruly and misdemeanant diversionary programs. The	57741
juvenile court in each county shall have a right of first refusal	57742
for the use of these funds for the purpose of juvenile diversion	57743
activities in accordance with the county's comprehensive joint	57744
service plan, as provided by divisions (C), (D), and (E) of	57745
section 121.37 of the Revised Code.	57746

The remaining funds not allocated for use in juvenile	57747
diversion activities may be used by the county for other contract	57748
or county-provided child welfare services. In counties with	57749
separate departments of job and family services and public	57750
children services agencies, the county department of job and	57751
family services shall serve as a pass through to the public	57752
children services agencies for these funds. Separate public	57753
children services agencies receiving such funds shall comply with	57754
all TANF requirements, including reporting requirements and	57755
timelines, as specified in state and federal laws, federal	57756
regulations, state rules, and the Title IV-A state plan, and are	57757
responsible for payment of any adverse audit finding, final	57758
disallowance of federal financial participation, or other sanction	57759
or penalty issued by the federal government or other entity	57760
concerning these funds.	57761

Of the foregoing $19,500,000 set aside, any funds remaining	57762
unspent on June 30, 2002, shall be carried forward and added to	57763
the earmark for fiscal year 2003, and allocated to the counties	57764
according to the allocation formula established in division (D) of	57765
section 5101.14 of the Revised Code.	57766

KINSHIP NAVIGATORS

57767

Of the foregoing appropriation item 600-689, TANF Block	57768
Grant, up to $3 million in each fiscal year shall be allocated by	57769
the Department of Job and Family Services to county departments of	57770
job and family services for the purpose of making allocations to	57771
local public children services agencies to provide services in the	57772
Kinship Navigation program. The allocation to county departments	57773
of job and family services shall be based on the number of Ohio	57774
works first cases in the county, and the number of children	57775
seventeen years of age or younger in the county. The Department of	57776
Job and Family Services shall develop an appropriate method of	57777
reallocating these funds in each fiscal year among the county	57778
deparments of job and family services, if they would otherwise be	57779
unspent.	57780

TANF FAITH-BASED CAPACITY-BUILDING PROGRAMS

57781

From the foregoing appropriation item 600-689, TANF Block	57782
Grant, up to $1,000,000 in each fiscal year shall be used to	57783
support capacity-building efforts among faith-based organizations,	57784
for the purpose of providing allowable services to TANF-eligible	57785
individuals. Organizations receiving these funds shall comply	57786
with all TANF requirements, and shall agree with the Department of	57787
Job and Family Services on reporting requirements to be	57788
incorporated into the grant agreement.	57789

TANF EDUCATION

57790

Not later than July 15, 2002, the Director of Budget and	57791
Management shall transfer $35,000,000 in appropriation authority	57792
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to	57793
Fund 3W6, TANF Education, in the Department of Education, which is	57794
created in the State Treasury. The transferred funds shall be	57795
used for the purpose of providing allowable services to	57796
TANF-eligible individuals.	57797

Not later than July 15, 2001, the Director of Budget and	57798
Management shall transfer $76,156,175 from Fund 3V6, TANF Block	57799
Grant, to Fund 3W6, TANF Education, in the Department of	57800
Education. Not later than July 15, 2002, the Director of Budget	57801
and Management shall transfer $98,843,825 from Fund 3V6, TANF	57802
Block Grant, to Fund 3W6, TANF Education, in the Department of	57803
Education. The transferred funds shall be used for the purpose of	57804
providing allowable services to TANF-eligible individuals. The	57805
Department of Education shall comply with all TANF requirements,	57806
including reporting requirements and timelines, as specified in	57807
state and federal laws, federal regulations, state rules, and the	57808
Title IV-A state plan, and is responsible for payment of any	57809
adverse audit finding, final disallowance of federal financial	57810
participation, or other sanction or penalty issued by the federal	57811
government or other entity concerning these funds.	57812

TANF ADULT LITERACY AND CHILD READING PROGRAMS

57813

From the foregoing appropriation item 600-689, TANF Block	57814
Grant, up to $5,000,000 in each fiscal year shall be used to	57815
support local adult literacy and child reading programs.	57816

COMMUNITY SERVICE CENTERS

57817

In each fiscal year, some portion of the TANF funds allocated	57818
to Butler, Lorain, Mahoning, and Richland counties from	57819
appropriation items 600-410, TANF State, or 600-689, TANF Block	57820
Grant, or a combination of both, shall be used to provide	57821
allowable services to TANF-eligible individuals who are tenants at	57822
a former hospital facility that is now controlled by a community	57823
development corporation and operated as a community service	57824
center.	57825

TALBERT HOUSE

57826

In each fiscal year, the Director of Job and Family Services	57827
shall provide $100,500 from appropriation item 600-689, TANF Block	57828
Grant, to the Hamiliton County Department of Job and Family	57829
Services to contract with the Talbert House for the purpose of	57830
providing allowable servcies to TANF-eligible individuals. The	57831
Hamilton County Department of Job and Family Services and the	57832
Talbert House shall agree on reporting requirements that meet all	57833
TANF reporting requirements and timelines specified by the	57834
Department of Job and Family Services to be incorporated into the	57835
contract.	57836

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

57837

In each fiscal year, the Director of Job and Family Services	57838
shall provide $500,000 from appropriation item 600-689, TANF Block	57839
Grant, to the Montgomery County Department of Job and Family	57840
Services to be used to support the Out-of-School Youth Project in	57841
Montgomery County for the purpose of providing allowable services	57842
to TANF-eligible individuals. The Montgomery County Department of	57843
Job and Family Services and the Sinclair Community College shall	57844
comply with all TANF requirements, including reporting	57845
requirements and timelines, as specified in state and federal	57846
laws, federal regulations, state rules, and the Title IV-A state	57847
plan.	57848

DYS COMPREHENSIVE STRATEGIES

57849

No later than July 15, 2001, the Director of Budget and	57850
Management shall transfer $5,000,000 in appropriation authority	57851
from appropriation item 600-689, TANF Block Grant, to Federal	57852
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer	57853
- Comprehensive Strategies, in the Department of Youth Services.	57854
These funds shall be used by the Department of Youth Services to	57855
make grants to local communities to establish models of	57856
inter-system collaboration to prevent children from entering the	57857
juvenile justice system. In making the grants, the Department of	57858
Youth Services shall require that grantees use the funds only to	57859
plan, develop, or enhance collaborative models. Funds provided to	57860
grantees may not be used for any type of direct or purchased	57861
services. The Department of Youth Services shall comply with all	57862
TANF requirements, including reporting requirements and timelines,	57863
as specified in state and federal laws, federal regulations, state	57864
rules, and the Title IV-A state plan, and is responsible for	57865
payment of any adverse audit finding, final disallowance of	57866
federal financial participation, or other sanction or penalty	57867
issued by the federal government or other entity concerning these	57868
funds.	57869

TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER	57870
PROGRAM	57871

No later than July 15, 2001, the Director of Budget and	57872
Management shall transfer $5,200,000 in appropriation authority	57873
from appropriation item 600-689, TANF Block Grant, to	57874
appropriation item 195-497, CDBG Operating Match, in the	57875
Department of Development. No later than July 15, 2002, the	57876
Director of Budget and Management shall transfer $6,500,000 in	57877
appropriation authority from appropriation item 600-689, TANF	57878
Block Grant, to appropriation item 195-497, CDBG Operating Match,	57879
in the Department of Development. These funds shall be used to	57880
provide supportive services for low-income families related to	57881
housing or homelessness, including housing counseling; to provide	57882
grants to nonprofit organizations to assist families with incomes	57883
at or below 200 per cent of the federal poverty guidelines with	57884
down-payment assistance for homeownership, including the purchase	57885
of mobile homes; to provide emergency home repair funding for	57886
families with incomes at or below 200 per cent of the federal	57887
poverty guidelines; to provide operating support for family	57888
emergency shelter programs; and to provide emergency rent and	57889
mortgage assistance for families with incomes at or below 200 per	57890
cent of the federal poverty guidelines. The funds shall not be	57891
used to match federal funds. The Department of Development shall	57892
comply with all TANF requirements, including reporting	57893
requirements and timelines, as specified in state and federal	57894
laws, federal regulations, state rules, and the Title IV-A state	57895
plan, and is responsible for payment of any adverse audit finding,	57896
final disallowance of federal financial participation, or other	57897
sanction or penalty issued by the federal government or other	57898
entity concerning these funds.	57899

TANF FAMILY PLANNING

57900

The Director of Budget and Management shall transfer by	57901
intrastate voucher, no later than the fifteenth day of July of	57902
each fiscal year, cash from the General Revenue Fund,	57903
appropriation item 600-410, TANF State, to General Services Fund	57904
5C1 in the Department of Health, in an amount of $250,000 in each	57905
fiscal year for the purpose of family planning services for	57906
children or their families whose income is at or below 200 per	57907
cent of the official poverty guideline.	57908

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

57909

From the foregoing appropriation items 600-410, TANF State;	57910
600-658, Child Support Collections; or 600-689, TANF Block Grant,	57911
or a combination of these appropriation items, no less than	57912
$369,040,735 in each fiscal year shall be allocated to county	57913
departments of job and family services as follows:	57914

Upon the request of the Department of Job and Family	57924
Services, the Director of Budget and Management may seek	57925
Controlling Board approval to increase appropriations in	57926
appropriation item 600-689, TANF Block Grant, provided sufficient	57927
Federal TANF Block Grant funds exist to do so, without any	57928
corresponding decrease in other appropriation items. The	57929
Department of Job and Family Services shall provide the Office of	57930
Budget and Management and the Controlling Board with documentation	57931
to support the need for the increased appropriation.	57932

All transfers of moneys from or charges against TANF Federal	57933
Block Grant awards for use in the Social Services Block Grant or	57934
the Child Care and Development Block Grant from either unobligated	57935
prior year appropriation authority in appropriation item 400-411,	57936
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	57937
from fiscal year 2002 and fiscal year 2003 appropriation authority	57938
in item 600-689, TANF Block Grant, shall be done ten days after	57939
the Department of Job and Family Services gives written notice to	57940
the Office of Budget and Management. The Department of Job and	57941
Family Services shall first provide the Office of Budget and	57942
Management with documentation to support the need for such	57943
transfers or charges for use in the Social Services Block Grant or	57944
in the Child Care Development Block Grant.	57945

The Department of Job and Family Services shall in each	57946
fiscal year of the biennium transfer the maximum amount of funds	57947
from the federal TANF Block Grant to the federal Social Services	57948
Block Grant as permitted under federal law. Not later than July	57949
15, 2001, the Director of Budget and Management shall transfer	57950
$60,000,000 in receipts from TANF Block Grant funds that have been	57951
credited to the Social Services Block Grant to State Special	57952
Revenue Fund 5Q8, in the Office of Budget and Management. Not	57953
later than June 1, 2002, the Director of Budget and Management	57954
shall determine the amount of funds in State Special Revenue Fund	57955
XXX that is needed for the purpose of balancing the General	57956
Revenue Fund, and may transfer that amount to the General Revenue	57957
Fund. That amount is hereby appropriated. Any moneys remaining in	57958
State Special Revenue Fund 5Q8 on June 15, 2002, shall be	57959
transferred not later than June 20, 2002 to Fund 3V6, TANF Block	57960
Grant, in the Department of Job and Family Services. Not later	57961
than July 15, 2002, the Director of Budget and Management shall	57962
transfer to State Special Revenue Fund 5Q8, from Fund 3V6 in the	57963
Department of Job and Family Services, the amount of funds that	57964
remained in Special Revenue Fund 5Q8 on June 15, 2002, and that	57965
were transferred to Fund 3V6. Not later than June 1, 2003, the	57966
Director of Budget and Management shall determine the amount of	57967
funds in State Special Revenue Fund 5Q8 that is needed for the	57968
purpose of balancing the General Revenue Fund, and may transfer	57969
that amount to the General Revenue Fund. That amount is hereby	57970
appropriated. Any moneys remaining in State Special Revenue Fund	57971
5Q8 on June 15, 2003, shall be transferred not later than June 20,	57972
2003, to Fund 3V6, TANF Block Grant, in the Department of Job and	57973
Family Services.	57974

Before the thirtieth day of September of each fiscal year,	57975
the Department of Job and Family Services shall file claims with	57976
the United States Department of Health and Human Services for	57977
reimbursement for all allowable expenditures for services provided	57978
by the Department of Job and Family Services, or other agencies	57979
that may qualify for Social Services Block Grant funding pursuant	57980
to Title XX of the Social Security Act. The Department of Job and	57981
Family Services shall deposit, during each fiscal year, into Fund	57982
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF	57983
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services,	57984
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund	57985
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002,	57986
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, and	57987
into Fund 3W3, Adult Special Needs, $2,920,227 and deposit in	57988
fiscal year 2003, into Fund 3W2, Title XX Vocational	57989
Rehabilitation, $897,052, and into Fund 3W3, Adult Special Needs,	57990
$6,520,227 in receipts from TANF Block Grant funds credited to the	57991
Social Services Block Grant. On verification of the receipt of	57992
the above revenue, the funds provided by these transfers shall be	57993
used as follows:	57994

WELLNESS

58018

The foregoing appropriation item 600-690, Wellness, shall be	58019
used by county departments of job and family services for teen	58020
pregnancy prevention programming. Local contracts shall be	58021
developed between county departments of job and family services	58022
and local family and children first councils for the	58023
administration of TANF funding for this program.	58024

Section 62.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

58025

The Department of Job and Family Services may use up to	58026
$4,500,000 of appropriation item 600-634, State Options Food	58027
Stamps (Fund 5E6), in each fiscal year of the biennium to support	58028
expenditures to the Ohio Association of Second Harvest Food Banks	58029
pursuant to the following criteria.	58030

As used in this section, "federal poverty guidelines" has the	58031
same meaning as in section 5101.46 of the Revised Code.	58032

The Department of Job and Family Services shall provide an	58033
annual grant of $4,500,000 in each of the fiscal years 2002 and	58034
2003 to the Ohio Association of Second Harvest Food Banks. In	58035
each fiscal year, the Ohio Association of Second Harvest Food	58036
Banks shall use $2,500,000 for the purchase of food products for	58037
the Ohio Food Program, of which up to $105,000 may be used for	58038
food storage and transport, and shall use $2,000,000 for the	58039
Agricultural Surplus Production Alliance Project. Funds provided	58040
for the Ohio Food Program shall be used to purchase food products	58041
and distribute those food products to agencies participating in	58042
the emergency food distribution program. No funds provided	58043
through this grant may be used for administrative expenses other	58044
than funds provided for food storage and transport. As soon as	58045
possible after entering into a grant agreement at the beginning of	58046
the fiscal year, the Department of Job and Family Services shall	58047
distribute the grant funds in one single payment. The Ohio	58048
Association of Second Harvest Food Banks shall develop a plan for	58049
the distribution of the food products to local food distribution	58050
agencies. Agencies receiving these food products shall ensure	58051
that individuals and families who receive any of the food products	58052
purchased with these funds have an income at or below 150 per cent	58053
of the federal poverty guidelines. The Department of Job and	58054
Family Services and the Ohio Association of Second Harvest Food	58055
Banks shall agree on reporting requirements to be incorporated	58056
into the grant agreement.	58057

The Ohio Association of Second Harvest Food Banks shall	58058
return any fiscal year 2002 funds from this grant remaining	58059
unspent on June 30, 2002, to the Department of Job and Family	58060
Services no later than November 1, 2002. The Ohio Association of	58061
Second Harvest Food Banks shall return any fiscal year 2003 funds	58062
from this grant remaining unspent on June 30, 2003, to the	58063
Department no later than November 1, 2003.	58064

Section 62.11. CHILD NUTRITION SERVICES

58065

The Department of Job and Family Services may use up to	58066
$900,000 in each fiscal year of appropriation item 600-634, State	58067
Option Food Stamps(Fund 5E6), to support Child Nutrition Services	58068
in the Department of Education. As soon as possible after the	58069
effective date of this section, the Department of Job and Family	58070
Services shall enter into an interagency agreement with the	58071
Department of Education to reimburse the 19 pilot programs that	58072
provide nutritional evening meals to adolescents 13 through 18	58073
years of age participating in educational or enrichment activities	58074
at youth development centers. Such funds shall not be used as	58075
matching funds. Eligibility and reporting guidelines shall be	58076
detailed in the interagency agreement.	58077

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

58078

Of the foregoing appropriation item 600-634, State Option	58079
Food Stamps (Fund 5E6), the Department of Job and Family Services	58080
shall use up to $600,000 in each fiscal year to support	58081
expenditures of the Ohio Alliance of Boys and Girls Clubs to	58082
provide nutritional meals, snacks, and educational and enrichment	58083
services, including tutoring, homework assistance, and	58084
standardized achievement test preparation, to children	58085
participating in programs and activities operated by eligible Boys	58086
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall	58087
provide allowable services to Title XX eligible children.	58088

As soon as possible after entering into a grant agreement at	58089
the beginning of the fiscal year, the Department of Job and Family	58090
Services shall distribute the grant funds in one single payment.	58091
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal	58092
year 2002 funds from this grant remaining unspent on June 30,	58093
2002, to the Department of Job and Family Services not later than	58094
November 1, 2002. The Ohio Alliance of Boys and Girls Clubs shall	58095
return any fiscal year 2003 funds from this grant remaining	58096
unspent on June 30, 2003, to the Department of Job and Family	58097
Services not later than November 1, 2003.	58098

Section 62.12. PRESCRIPTION DRUG REBATE FUND

58099

The foregoing appropriation item 600-692, Health Care	58100
Services, shall be used by the Department of Job and Family	58101
Services in accordance with section 5111.081 of the Revised Code.	58102

Section 62.13. MEDICAID PHARMACY SERVICES FOR NURSING HOME	58103
RESIDENTS	58104

(A) As used in this section:

58105

(1) "Nursing home" has the same meaning as in section	58106
3721.01 of the Revised Code.	58107

(2) "Pharmacy provider" has the same meaning as in rule	58108
5101:3-9-01 of the Administrative Code.	58109

(3) "Wholesale acquisition cost" is the cost of a particular	58110
drug estimated by the Department of Job and Family Services by	58111
periodic review of pricing information from drug wholesalers in	58112
this state, pharmaceutical manufacturers, and one or more pharmacy	58113
pricing update services.	58114

(B) During the first quarter of the biennium ending June 30,	58115
2003, a pharmacy provider shall be reimbursed for the pharmacy	58116
services provided to a Medicaid recipient who resides in a nursing	58117
home at a rate of the wholesale acquisition cost plus nine per	58118
cent plus any applicable dispensing fee. During each quarter of	58119
the biennium thereafter, the pharmacy provider shall be reimbursed	58120
for such services at a rate determined by comparing the provider's	58121
average monthly cost of providing such services in the immediately	58122
preceding quarter to the statewide average monthly cost of	58123
providing such services on March 31, 2001. The Department of Job	58124
and Family Services shall make the comparison at the end of each	58125
quarter of the biennium and shall take into account an adequate	58126
factor for inflation in the cost of drugs.	58127

If the provider's average monthly cost of such services in	58128
the quarter being examined is equal to or greater than the	58129
statewide average monthly cost of such services on March 31, 2001,	58130
the provider shall be reimbursed at a rate of the wholesale	58131
acquisition cost plus nine per cent plus any applicable dispensing	58132
fee. If the provider's average monthly cost of such services is	58133
less than the statewide average monthly cost of such services on	58134
March 31, 2001, the provider shall be reimbursed at a rate of the	58135
wholesale acquisition cost plus eleven per cent, plus any	58136
applicable dispensing fee, plus fifty per cent of the difference	58137
between the provider's average monthly cost of such services and	58138
the statewide average monthly cost of such services on March 31,	58139
2001.	58140

(C) A pharmacy provider may achieve a reduction in its	58141
average monthly cost of providing services to a Medicaid recipient	58142
who resides in a nursing home by providing consulting services to	58143
the physicians who prescribe drugs to the resident. These	58144
consulting services may include recommendations for eliminating	58145
unnecessary and duplicative drugs, modifying inefficient drug	58146
regimens, and implementing safe and cost-effective drug therapies.	58147

(D) The Department may adopt any rules it considers	58148
necessary to develop and administer this section. If rules are	58149
adopted, the rules shall be adopted in accordance with Chapter	58150
119. of the Revised Code.	58151

Section 62.14. ODJFS FUNDS

58152

AGENCY FUND GROUP

58153

The Agency Fund Group shall be used to hold revenues until	58154
the appropriate fund is determined or until they are directed to	58155
the appropriate governmental agency other than the Department of	58156
Job and Family Services. If it is determined that additional	58157
appropriation authority is necessary, such amounts are	58158
appropriated.	58159

HOLDING ACCOUNT REDISTRIBUTION GROUP

58160

The foregoing appropriation items 600-643, Refunds and Audit	58161
Settlements, and 600-644, Forgery Collections, Holding Account	58162
Redistribution Fund Group, shall be used to hold revenues until	58163
they are directed to the appropriate accounts or until they are	58164
refunded. If it is determined that additional appropriation	58165
authority is necessary, such amounts are appropriated.	58166

Section 62.15. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF	58167
JOB AND FAMILY SERVICES	58168

Using the foregoing appropriation items 600-504, Non-TANF	58169
County Administration; 600-610, Food Stamps and State	58170
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	58171
600-620, Social Services Block Grant; 600-552, County Social	58172
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	58173
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	58174
Refugees Services, the Department of Job and Family Services may	58175
establish a single allocation for county departments of job and	58176
family services that are subject to a partnership agreement	58177
between a board of county commissioners and the department under	58178
section 5101.21 of the Revised Code. The county department is not	58179
required to use all the money from one or more of the	58180
appropriation items listed in this paragraph for the purpose for	58181
which the specific appropriation item is made so long as the	58182
county department uses the money for a purpose for which at least	58183
one of the other of those appropriation items is made. The county	58184
department may not use the money in the allocation for a purpose	58185
other than a purpose any of those appropriation items are made. If	58186
the spending estimates used in establishing the single allocation	58187
are not realized and the county department uses money in one or	58188
more of those appropriation items in a manner for which federal	58189
financial participation is not available, the department shall use	58190
state funds available in one or more of those appropriation items	58191
to ensure that the county department receives the full amount of	58192
its allocation. The single allocation is the maximum amount the	58193
county department shall receive from those appropriation items.	58194

ADULT PROTECTIVE SERVICES

58195

The foregoing appropriation item 600-695, Adult Protective	58196
Services, shall be used to provide adult protective services in	58197
accordance with section 5101.62 of the Revised Code.	58198

NON-TANF ADULT ASSISTANCE

58199

The foregoing appropriation item 600-696, Non-TANF Adult	58200
Assistance, shall be used to provide funding for the Adult	58201
Emergency Assistance Program in accordance with section 5101.86 of	58202
the Revised Code.	58203

HIPPY PROGRAM

58204

The Department of Job and Family Services may use up to	58205
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	58206
in each fiscal year to support expenditures to the Hippy Program	58207
in Hamilton County. The Department of Job and Family Services and	58208
the Hippy Program shall agree on reporting requirements to be	58209
incorporated into the grant agreement.	58210

ADOPTION CONNECTION

58211

The Department of Job and Family Services may use up to	58212
$62,500 of appropriation item 600-640, Adoption Connection (Fund	58213
3W9), in each fiscal year to support expenditures to the Adoption	58214
Connection Program in Hamilton County. The Department of Job and	58215
Family Services and the Adoption Connection Program shall agree on	58216
reporting requirements to be incorporated into the grant	58217
agreement.	58218

Section 62.16. TRANSFER OF FUNDS	58219

The Department of Job and Family Services shall transfer	58220
through intrastate transfer vouchers, cash from State Special	58221
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	58222
Community-Based Services, in the Ohio Department of Mental	58223
Retardation and Developmental Disabilities. The sum of the	58224
transfers shall equal $12,783,463 in fiscal year 2002 and	58225
$13,039,133 in fiscal year 2003. The transfer may occur on a	58226
quarterly basis or on a schedule developed and agreed to by both	58227
departments.	58228

The Department of Job and Family Services shall transfer,	58229
through intrastate transfer vouchers, cash from the State Special	58230
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	58231
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	58232
transfers shall be equal to the amounts appropriated in fiscal	58233
year 2002 and fiscal year 2003 in appropriation item 490-610,	58234
PASSPORT/Residential State Supplement. The transfer may occur on	58235
a quarterly basis or on a schedule developed and agreed to by both	58236
departments.	58237

TRANSFERS OF IMD/DSH CASH

58238

The Department of Job and Family Services shall transfer,	58239
through intrastate transfer voucher, cash from fund 5C9, Medicaid	58240
Program Support, to the Department of Mental Health's Fund 4X5,	58241
OhioCare, in accordance with an interagency agreement which	58242
delegates authority from the Department of Job and Family Services	58243
to the Department of Mental Health to administer specified	58244
Medicaid services.	58245

Section 62.17. CONSOLIDATION OF STATE GRANTS

58246

With the consent of a county, the Department of Job and	58247
Family Services may combine into a single and consolidated grant	58248
of state aid, funds that would otherwise be provided to that	58249
county pursuant to the operation of section 5101.14 of the Revised	58250
Code and other funds that would otherwise be provided to that	58251
county for the purpose of providing kinship care. In fiscal year	58252
2003, the grant shall also include unspent funds remaining from	58253
any grant provided to the county under this section in fiscal year	58254
2002.	58255

Funds contained in any such consolidation grant shall not be	58256
subject to either statutory or administrative rules that would	58257
otherwise govern allowable uses from such funds, except that such	58258
funds shall continue to be used by the county to meet the expenses	58259
of its children services program under Chapter 5153. of the	58260
Revised Code. Funds contained in a consolidation grant shall be	58261
paid to each county within thirty days after the beginning of each	58262
calendar quarter. Funds provided to a county under this section	58263
shall be deposited in the children services fund, established in	58264
section 5101.144 of the Revised Code, and shall be used for no	58265
other purpose than to meet the expenses of the children services	58266
program. Within ninety days after the end of fiscal year 2003,	58267
each county shall return to the Department of Job and Family	58268
Services any unspent balance in the consolidated grant, unless	58269
this section is renewed for a subsequent period of time.	58270

Section 62.18.  EMPLOYER SURCHARGE

58271

The surcharge and the interest on the surcharge amounts due	58272
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	58273
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	58274
118th General Assembly, and section 4141.251 of the Revised Code	58275
as it existed prior to Sub. H.B. 478 of the 122nd General	58276
Assembly, again shall be assessed and collected by, accounted for,	58277
and made available to the Department of Job and Family Services in	58278
the same manner as set forth in section 4141.251 of the Revised	58279
Code as it existed prior to Sub. H.B. 478 of the 122nd General	58280
Assembly, notwithstanding the repeal of the surcharge for calendar	58281
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	58282
Assembly, except that amounts received by the Director on or after	58283
July 1, 2001, shall be deposited into the special administrative	58284
fund established pursuant to section 4141.11 of the Revised Code.	58285

Effective July 1, 2001, the balance of the unemployment	58286
compensation surcharge trust funds created in custody of the	58287
Treasurer of State pursuant to section 4141.251 of the Revised	58288
Code shall be transferred into the special administrative fund	58289
established pursuant to section 4141.11 of the Revised Code.	58290

Section 62.19. OHIO ACCESS SUCCESS PROJECT

58291

(A) As used in this section, "nursing facility" has the same	58292
meaning as in section 5111.20 of the Revised Code.	58293

(B) To the extent funds are available as provided in this	58294
act, the Director of Job and Family Services may establish the	58295
Ohio Access Success Project to help Medicaid recipients make the	58296
transition from residing in a nursing facility to residing in a	58297
community setting. If the Director establishes the Project, the	58298
Director shall provide one-time benefits to not more than	58299
seventy-five Medicaid recipients in fiscal year 2002 and not more	58300
than one hundred twenty-five Medicaid recipients in fiscal year	58301
2003. To be eligible for benefits under the Project, a Medicaid	58302
recipient must satisfy all of the following requirements:	58303

(1) At the time of applying for the benefits, be a recipient	58304
of Medicaid-funded nursing facility care;	58305

(2) Have resided continuously in a nursing facility since at	58306
least January 1, 2000;	58307

(3) Need the level of care provided by nursing facilities;

58308

(4) Need benefits whose projected cost does not exceed	58309
eighty per cent of the average monthly Medicaid cost of individual	58310
Medicaid recipients' nursing facility care.	58311

(C) If the Director of Job and Family Services establishes	58312
the Ohio Access Success Project, the benefits provided under the	58313
Project may include payment of all of the following:	58314

(1) The first month's rent in a community setting;

58315

(2) Rental deposits;

58316

(3) Utility deposits;	58317

(4) Moving expenses;	58318

(5) Other expenses not covered by the Medicaid program that	58319
facilitate a Medicaid recipient's move from a nursing facility to	58320
a community setting.	58321

(D) No person may receive more than two thousand dollars	58322
worth of benefits under the Ohio Access Success Project.	58323

Section 62.20. FUNDING FOR HABILITATIVE SERVICES

58324

Notwithstanding any limitations contained in sections 5112.31	58325
and 5112.37 of the Revised Code, in each fiscal year, cash from	58326
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	58327
of the amounts needed for transfers to Fund 4K8 may be used by the	58328
Department of Job and Family Services to cover costs of care	58329
provided to participants in the Ohio Home Care Waiver or in a	58330
waiver administered by the Department under the section titled	58331
"MR/DD Waiver Redesign". Expenses to be paid from this fund by	58332
the Department of Job and Family Services shall be limited to	58333
costs for habilitative services for individuals who are not	58334
determined to be eligible for county board of MR/DD services, and	58335
who require a level of care that is routinely provided through	58336
intermediate care facilities for the mentally retarded or through	58337
ICF/MR waivers administered by the Department of Mental	58338
Retardation and Developmental Disabilities.	58339

Section 62.21. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	58340
THE OHIO ACCESS SUCCESS PROJECT	58341

Notwithstanding any limitations in sections 3721.51 and	58342
3721.56 of the Revised Code, in each fiscal year, cash from the	58343
State Special Revenue Fund 4J5, Home and Community-Based Services	58344
for the Aged, in excess of the amounts needed for the transfers	58345
may be used by the Department of Job and Family Services for the	58346
following purposes: (A) up to $1.0 million in each fiscal year to	58347
fund the state share of audits of Medicaid cost reports filed with	58348
the Department of Job and Family Services by nursing facilities	58349
and intermediate care facilities for the mentally retarded; and	58350
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in	58351
fiscal year 2003 to provide one-time transitional benefits under	58352
the Ohio Access Success Project that the Director of Job and	58353
Family Services may establish under the section of this act titled	58354
"Ohio Access Success Project."	58355

Section 62.22. MR/DD WAIVER REDESIGN

58356

(A) The Director of Job and Family Services may submit a	58357
request to the United States Secretary of Health and Human	58358
Services pursuant to section 1915 of the "Social Security Act," 79	58359
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	58360
Medicaid home and community-based services waiver program, or	58361
modify a current Medicaid home and community-based services waiver	58362
program, to serve individuals with mental retardation or a	58363
developmental disability who meet all of the following	58364
requirements:	58365

(1) Need the level of care provided by intermediate care	58366
facilities for the mentally retarded;	58367

(2) Need habilitation services;	58368

(3) Are enrolled in the Ohio Home Care Waiver Program on	58369
June 30, 2001;	58370

(4) Are transferred from the Ohio Home Care Waiver Program to	58371
the new or modified home and community-based services waiver	58372
program.	58373

(B) If the United States Secretary of Health and Human	58374
Services grants a waiver request submitted under division (A) of	58375
this section, the Director of Job and Family Services may create a	58376
new, or modify an existing, home and community-based services	58377
waiver program in accordance with the waiver. The new or modified	58378
waiver program shall specify the maximum amount that the program	58379
may spend per individual enrolled in the program.	58380

(C) The Director of Job and Family Services may reduce the	58381
maximum number of individuals the Ohio Home Care Waiver Program	58382
may serve by the number of individuals transferred from that	58383
program to the new or modified home and community-based services	58384
waiver program provided for by this section.	58385

(D) The Department of Job and Family Services may	58386
administer the new or modified home and community-based services	58387
waiver program provided for by this section or enter into an	58388
interagency agreement with the Department of Mental Retardation	58389
and Developmental Disabilities to administer the waiver program	58390
under the Department of Job and Family Services' supervision. Such	58391
interagency agreement shall specify the maximum number of	58392
individuals who may be transferred from the Ohio Home Care Waiver	58393
Program to the new, or modified, waiver program and the estimated	58394
cost of services under the new, or modified, waiver program to the	58395
transferred individuals. The departments may not enter into the	58396
interagency agreement without approval of the Director of Budget	58397
and Management. If the departments enter into the interagency	58398
agreement, the Director of Budget and Management may reduce the	58399
amount of the appropriation in line item 600-525, Health	58400
Care/Medicaid, by the estimated cost specified in the interagency	58401
agreement. If the Director makes the reduction, the state share	58402
of the estimated costs are appropriated to the Department of	58403
Mental Retardation and Developmental Disabilities in a new	58404
appropriation item that shall be established for this purpose. The	58405
Director of Budget and Management may increase the appropriation	58406
in appropriation item 322-639, Medicaid Waiver, by the	58407
corresponding non-GRF federal share of the estimated costs.	58408

Section 62.23. MEDICALLY FRAGILE WAIVER REDESIGN

58409

(A) The Director of Job and Family Services may submit a	58410
request to the United States Secretary of Health and Human	58411
Services pursuant to section 1915 of the "Social Security Act," 79	58412
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	58413
Medicaid home and community-based services waiver program, or	58414
modify a current Medicaid home and community-based services waiver	58415
program, to serve medically fragile individuals who meet all of	58416
the following requirements:	58417

(1) Need a skilled level of care as defined in rule	58418
5101:3-3-05 of the Administrative Code;	58419

(2) Are enrolled in the Ohio Home Care Waiver Program on June	58420
30, 2001, or, as limited by division (D) of this section, after	58421
that date;	58422

(3) Are transferred from the Ohio Home Care Waiver Program	58423
to the new or modified home and community-based services waiver	58424
program.	58425

(B) If the United States Secretary of Health and Human	58426
Services grants a waiver request submitted under division (A) of	58427
this section, the Director of Job and Family Services may create a	58428
new, or modify an existing, home and community-based services	58429
waiver program in accordance with the waiver. The new or modified	58430
waiver program shall specify the maximum amount that the program	58431
may spend per individual enrolled in the program. The Department	58432
of Job and Family Services shall administer the waiver program.	58433

(C) The Director of Job and Family Services may reduce the	58434
maximum number of individuals the Ohio Home Care Waiver Program	58435
may serve by the number of individuals transferred from that	58436
program to the new or modified home and community-based services	58437
waiver program provided for by this section.	58438

(D) No more than a number, approved by the Director of	58439
Budget and Management, of individuals who enroll in the Ohio Home	58440
Care Waiver Program after June 30, 2001, may transfer to the new	58441
or modified waiver program provided for by this section.	58442

Section 62.24. MEDICAID WAIVER

58443

(A) With the assistance of the Department of Mental Health	58444
and after consulting with community mental health facilities that	58445
provide mental health services included in the state Medicaid plan	58446
pursuant to section 5111.022 of the Revised Code and with the	58447
chairpersons and ranking minority members of the House of	58448
Representatives Health and Family Services Committee and the	58449
Senate Health, Human Services, and Aging Committee, the Department	58450
of Job and Family Services shall develop and submit to the Health	58451
Care Financing Administration of the United States Department of	58452
Health and Human Services an application for a waiver under which	58453
any of the federal Medicaid statutes and regulations that are	58454
subject to being waived may be waived as necessary for purposes of	58455
better ensuring both of the following:	58456

(1) That Medicaid coverage and payment methods for mental	58457
health services provided under section 5111.022 of the Revised	58458
Code are consistent with the service priorities established	58459
pursuant to Chapters 340. and 5119. of the Revised Code;	58460

(2) That the services provided under section 5111.022 of the	58461
Revised Code can be provided in a manner that maximizes the	58462
effectiveness of resources available to the Department of Mental	58463
Health and boards of alcohol, drug addiction, and mental health	58464
services.	58465

(B) The actions taken by the Department of Mental Health and	58466
Department of Job and Family Services to develop and submit the	58467
application for the waiver specified in division (A) of this	58468
section shall be taken in a manner that allows the provisions of	58469
the waiver to be implemented not later than July 1, 2002.	58470

Section 62.25. REFUND OF SETS PENALTY

58471

The Department of Job and Family Services shall notify the	58472
Controlling Board immediately on receipt of any refunds for	58473
penalties that were paid directly or indirectly by the state for	58474
the Support Enforcement Tracking System (SETS). Any and all	58475
refunds received for such penalties shall be deposited in their	58476
entirety to the General Revenue Fund.	58477

Section 62.26. As used in this section, "Medicaid waiver	58478
component" has the same meaning as in section 5111.85 of the	58479
Revised Code.	58480

A rule adopted by the Director of Job and Family Services	58481
governing a Medicaid waiver component that is in effect on the	58482
effective date of this section shall remain in effect until	58483
amended or rescinded as part of the adoption of rules under	58484
section 5111.85 of the Revised Code.	58485

The rule of this act that items in uncodified sections do not	58486
have effect after June 30, 2003, does not apply to this section.	58487

Section 62.27. The Health Care Compliance Fund created by	58488
section 5111.171 of the Revised Code is the same fund as the	58489
Health Care Compliance Fund created by the Controlling Board in	58490
October 1998.	58491

Section 62.28. Not later than February 28, 2002, the Director	58492
of Job and Family Services shall submit to the United States	58493
Secretary of Health and Human Services an amendment to the state	58494
Medicaid Plan to provide for the Department of Job and Family	58495
Services to continue the Program of All-Inclusive Care for the	58496
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The	58497
Director may submit to the United States Secretary of Health and	58498
Human Services application for program agreements to operate the	58499
PACE program in accordance with 42 U.S.C. 1396u-4. The Director	58500
shall consider and, in the absence of just cause for refusal,	58501
shall give preference to, Condordia Care and TriHealth Senior	58502
Link, when determining the entities for which the first two PACE	58503
applications shall be submitted. The Director may submit to the	58504
United States Secretary a request to transfer the day-to-day	58505
administration of PACE to the Department of Aging. If the United	58506
States Secretary approves the amendment, the Directors of Job and	58507
Family Services and Aging may enter into an interagency agreement	58508
under section 5111.86 of the Revised Code to transfer	58509
responsibility for the day-to-day administration of PACE from the	58510
Department of Job and Family Services to the Department of Aging.	58511
The interagency agreement is subject to the approval of the	58512
Director of Budget and Management and shall include an estimated	58513
cost of services to be provided under PACE and an estimated cost	58514
for the administrative duties assigned by the agreement to the	58515
Department of Aging.	58516

If the Directors of Job and Family Services and Aging enter	58517
into the interagency agreement, the Director of Budget and	58518
Management shall reduce the amount in appropriation item 600-525,	58519
Health Care/Medicaid, by the estimated costs of PACE services and	58520
an estimated cost for the administrative duties assigned by the	58521
agreement to the Department of Aging included in the interagency	58522
agreement. If the Director of Budget and Management makes the	58523
reduction, the state and federal share of the estimated costs of	58524
PACE services and administration is hereby appropriated to the	58525
Department of Aging. The Director of Budget and Management shall	58526
establish a new appropriation item for the appropriation.	58527

Section 62.29. (A) The authority of the Director of Job and	58528
Family Services under section 5111.02 of the Revised Code to adopt	58529
a rule excluding drugs for the treatment of obesity from coverage	58530
under the Medicaid program is revoked. Therefore, the Director	58531
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the	58532
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the	58533
Administrative Code is suspended pending the rescission. This	58534
division does not require the Medicaid program to cover drugs for	58535
the treatment of obesity.	58536

The rule of this act that items in uncodified sections do not	58537
have effect after June 30, 2003, does not apply to this division.	58538

(B) Not later than six months after the effective date of	58539
this section, the Director of Job and Family Services shall	58540
complete an evaluation and issue a report on whether the Medicaid	58541
program should cover anti-obesity agents that have been approved	58542
by the United States Food and Drug Administration for the	58543
treatment of obesity and obesity's related co-morbidities. At a	58544
minimum, the evaluation shall consider the safety, efficacy, and	58545
cost-effectiveness of having the Medicaid program cover such	58546
anti-obesity agents. The Director shall submit the report to the	58547
chairperson and ranking minority member of the House of	58548
Representatives Finance and Appropriations Committee and the	58549
chairperson and ranking minority member of the Senate Finance and	58550
Financial Institutions Committee.	58551

Section 62.30. CHILD PROTECTIVE SERVICES

58552

Of the foregoing appropriation item 600-527, Child Protective	58553
Services, $15,000 in each fiscal year shall be provided to the	58554
Children's Advocacy Center in Portage County.	58555

Of the foregoing appropriation item 600-527, Child Protective	58556
Services, $750,000 in fiscal year 2002 and $1,000,000 in fiscal	58557
year 2003 shall be used as state matching funds for independent	58558
living services under the John H. Chafee Foster Care Independence	58559
Program.	58560

Section 62.31. The Director of Job and Family Services may	58561
apply to the United States Secretary of Health and Human Services	58562
for approval to increase the number of slots for the Individual	58563
Options Medicaid home and community-based services waiver program	58564
as follows:	58565

(A) For fiscal year 2002, that the waiver program have at	58566
least five hundred more slots than the waiver program had in	58567
fiscal year 2001;	58568

(B) For fiscal year 2003, that the waiver program have at	58569
least five hundred more slots than the waiver program had in	58570
fiscal year 2002.	58571

Section 62.32. PREFERRED OPTION EVALUATION

58572

The Director of Job and Family Services shall evaluate the	58573
Medicaid managed care enrollment alternative known as Preferred	58574
Option. As part of the evaluation, the Director shall examine	58575
whether Preferred Option should be expanded to additional	58576
counties. Not later than June 30, 2003, the Director shall submit	58577
a report on the evaluation to the Governor, Speaker of the House	58578
of Representatives, and President of the Senate. The Director	58579
shall include in the report any findings made pursuant to the	58580
evaluation, including the Director's conclusions as to whether	58581
Preferred Option should be expanded to additional counties. The	58582
Director may not expand Preferred Option to any additional county	58583
before the Director submits the report.	58584

Section 62.33. (A) The Director of Job and Family Services	58586
shall continue operations through each of the local public	58587
employment offices described in section 4141.04 of the Revised	58588
Code that exist on the effective date of this section until thirty	58589
days after submitting the report required by division (B) of this	58590
section.	58591

(B) The Director shall present a detailed report to the	58592
members of the Finance and Appropriations Committee of the House	58593
of Representatives and of the Finance and Financial Institutions	58594
Committee of the Senate on or before October 1, 2001, that	58595
describes the Director's plan to cease the Department of Job and	58596
Family Services operations at the offices described in division	58597
(A) of this section and instead commence operations at telephone	58598
registration centers, mail claims centers, and one-stop employment	58599
centers. The report shall include all of the following	58600
information:	58601

(1) A description of plans to employ personnel for telephone	58602
registration centers and mail claims centers, including plans to	58603
possibly reassign personnel employed at the offices described in	58604
division (A) of this section to the telephone registration	58605
centers, mail claims centers, or one-stop employment centers, and	58606
a description of model plans and actual plans detailing the manner	58607
in which personnel would be employed in each telephone	58608
registration center, mail claims center, or one-stop employment	58609
center;	58610

(2) A fiscal analysis of the impact of the transition,	58611
including all of the following information that is presented in a	58612
manner so that the costs described in division (B)(2)(a) of this	58613
section can be readily compared to the costs described in division	58614
(B)(2)(b) of this section:	58615

(a) The cost of operating the existing offices described in	58616
division (A) of this section, including the costs for	58617
administration, facilities, and employing personnel;	58618

(b) The number of proposed telephone registration centers	58619
and mail claims centers and the projected operational costs of	58620
those centers, including, but not limited to, the cost of	58621
employing personnel for those centers, the administrative overhead	58622
costs of those centers, the initial costs to establish those	58623
centers, the long-term costs of maintaining those centers, and the	58624
cost of renting facilities for those centers, if rental is	58625
necessary.	58626

(3) The estimated cost projections of the initial start-up	58627
costs of transitioning from the existing offices described in	58628
division (A) of this section to the telephone registration	58629
centers, mail claims centers, and one-stop employment centers and	58630
the long-term operational costs of both operating those centers	58631
and assisting in providing personnel to staff the one-stop	58632
employment centers;	58633

(4) Funding projections that clearly indicate the amount of	58634
funding expected from federal, state, and local sources for the	58635
transition, and for maintaining the telephone registration centers	58636
and mail claims centers, and for assisting in providing personnel	58637
to staff the one-stop employment centers, with the amounts from	58638
each source stated separately;	58639

(5) Steps that the Director plans to take to assist local	58640
communities in improving services at one-stop employment centers	58641
so that service to unemployed individuals, other job seekers, and	58642
employers is not interrupted.	58643

(C) It is the intention of the General Assembly that the	58644
Director be strongly encouraged to negotiate with boards of county	58645
commissioners, local workforce policy boards, and other interested	58646
local officials in developing a plan to transfer operations from	58647
the offices described in division (A) of this section to telephone	58648
registration centers, mail claims centers, and one-stop employment	58649
centers. It is also the intention of the General Assembly that	58650
those negotiations include a process for agreeing to the division	58651
of resources and the allocation of costs between the Department of	58652
Job and Family Services, boards of county commissioners, and local	58653
workforce policy boards.	58654

Section 62.34. CHILD AND FAMILY SERVICES ACTIVITIES

58655

Of the foregoing appropriation item 600-427, Child and Family	58656
Services Activities, $10,000 in each fiscal year shall be provided	58657
to the Parmadale Children's Home.	58658

Of the foregoing appropriation item 600-427, Child and Family	58659
Services Activities, $10,000 in each fiscal year shall be provided	58660
to the Berea Children's Home.	58661

Section 62.35. (A) As used in this section:

58662

(1) "Medicaid days" means all days during which a resident	58663
who is a Medicaid recipient occupies a bed in a nursing facility	58664
that is included in the facility's certified capacity under Title	58665
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	58666
1396, as amended. Therapeutic or hospital leave days for which	58667
payment is made under section 5111.33 of the Revised Code are	58668
considered Medicaid days proportionate to the percentage of the	58669
nursing facility's per resident per day rate paid for those days.	58670

(2) "Nursing facility" has the same meaning as in section	58671
5111.20 of the Revised Code.	58672

(B) Notwithstanding sections 5111.20 to 5111.32 of the	58673
Revised Code, rates paid to nursing facilities under the Medicaid	58674
program shall be subject to the following limitations:	58675

(1) For fiscal year 2002, the mean total per diem rate for	58676
all nursing facilities in the state, weighted by Medicaid days and	58677
calculated as of July 1, 2001, under sections 5111.20 to 5111.32	58678
of the Revised Code, shall not exceed $144.99.	58679

(2) For fiscal year 2003, the mean total per diem rate for	58680
all nursing facilities in the state, weighted by Medicaid days and	58681
calculated as of July 1, 2002, under sections 5111.20 to 5111.32	58682
of the Revised Code, shall not exceed $154.41, plus any difference	58683
between $144.99 and the mean total per diem rate for all nursing	58684
facilities in the state for fiscal year 2002, weighted by Medicaid	58685
days and calculated as of July 1, 2001, under sections 5111.20 to	58686
5111.32 of the Revised Code.	58687

(3) If the mean total per diem rate for all nursing	58688
facilities in the state for fiscal year 2002 or 2003, weighted by	58689
Medicaid days and calculated under sections 5111.20 to 5111.32 of	58690
the Revised Code as of the first day of July of the calendar year	58691
in which the fiscal year begins, exceeds the amount specified for	58692
that fiscal year in division (B)(1) or (2) of this section, the	58693
Department of Job and Family Services shall reduce the total per	58694
diem rate for each nursing facility in the state by a percentage	58695
that is equal to the percentage by which the mean total per diem	58696
rate exceeds the amount specified in division (B)(1) or (2) of	58697
this section for that fiscal year.	58698

(4) Subsequent to any reduction required by division (B)(1),	58699
(2), or (3) of this section, a nursing facility's rate shall be	58700
subject to any adjustments required or authorized by sections	58701
5111.20 to 5111.32 of the Revised Code during the remainder of the	58702
fiscal year.	58703

Section 62.36. (A) Notwithstanding division (Q)(1) of	58704
section 5111.20 of the Revised Code, when calculating indirect	58705
care costs for the purpose of establishing rates under section	58706
5111.24 or 5111.241 of the Revised Code for fiscal year 2002, "per	58707
diem," as used in sections 5111.20 to 5111.32 of the Revised Code,	58708
means a nursing facility's or intermediate care facility for the	58709
mentally retarded's actual, allowable indirect care costs in the	58710
cost reporting period divided by the greater of the facility's	58711
inpatient days for that period or the number of inpatient days the	58712
facility would have had during that period if its occupancy rate	58713
had been eighty-two per cent.	58714

(B) Notwithstanding division (Q)(1) of section 5111.20 of	58715
the Revised Code, when calculating indirect care costs for the	58716
purpose of establishing rates under section 5111.24 or 5111.241 of	58717
the Revised Code for fiscal year 2003, "per diem," as used in	58718
sections 5111.20 to 5111.32 of the Revised Code, means a nursing	58719
facility's or intermediate care facility for the mentally	58720
retarded's actual, allowable indirect care costs in the cost	58721
reporting period divided by the greater of the facility's	58722
inpatient days for that period or the number of inpatient days the	58723
facility would have had during that period if its occupancy rate	58724
had been eighty-seven per cent.	58725

(C) Notwithstanding division (Q)(2) of section 5111.20 of	58726
the Revised Code, when calculating capital costs for the purpose	58727
of establishing rates under section 5111.25 or 5111.251 of the	58728
Revised Code for fiscal year 2002, "per diem," as used in sections	58729
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	58730
or intermediate care facility for the mentally retarded's actual,	58731
allowable capital costs in the cost reporting period divided by	58732
the greater of the facility's inpatient days for that period or	58733
the number of inpatient days the facility would have had during	58734
that period if its occupancy rate had been eighty-eight per cent.	58735

(D) Notwithstanding division (Q)(2) of section 5111.20 of	58736
the Revised Code, when calculating capital costs for the purpose	58737
of establishing rates under section 5111.25 or 5111.251 of the	58738
Revised Code for fiscal year 2003, "per diem," as used in sections	58739
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	58740
or intermediate care facility for the mentally retarded's actual,	58741
allowable capital costs in the cost reporting period divided by	58742
the greater of the facility's inpatient days for that period or	58743
the number of inpatient days the facility would have had during	58744
that period if its occupancy rate had been ninety-one per cent.	58745

(E) As soon as practicable, the Department of Job and Family	58746
Services shall follow this section for the purpose of calculating	58747
nursing facilities' and intermediate care facilities for the	58748
mentally retarded's Medicaid reimbursement rates for indirect care	58749
and capital costs for fiscal years 2002 and 2003. If the	58750
Department is unable to calculate the rates before it makes	58751
payments for services provided during fiscal year 2002 or 2003,	58752
the Department shall pay a nursing facility or intermediate care	58753
facility for the mentally retarded the difference between the	58754
amount it pays the facility and the amount that would have been	58755
paid had the Department made the calculation in time.	58756

Section 62.37. NURSING FACILITY STABILIZATION FUND

58757

(A) As used in this section:

58758

(1) "Inpatient days" and "nursing facility" have the same	58759
meanings as in section 5111.20 of the Revised Code.	58760

(2) "Medicaid day" means all days during which a resident	58761
who is a Medicaid recipient occupies a bed in a nursing facility	58762
that is included in the facility's certified capacity under Title	58763
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	58764
1396, as amended. Therapeutic or hospital leave days for which	58765
payment is made under section 5111.33 of the Revised Code are	58766
considered Medicaid days proportionate to the percentage of the	58767
nursing facility's per resident per day rate paid for those days.	58768

(B) The Department of Job and Family Services shall use	58769
money in the Nursing Facility Stabilization Fund created under	58770
section 3721.56 of the Revised Code to do all of the following:	58771

(1) Make payments to nursing facilities under sections	58772
5111.20 to 5111.32 of the Revised Code to the extent that funds	58773
available in appropriation item 600-525, Health Care/Medicaid, are	58774
insufficient to make those payments;	58775

(2) Make payments to each nursing facility for fiscal years	58776
2002 and 2003 in an amount equal to three fourths of the franchise	58777
permit fee the nursing facility pays under section 3721.53 of the	58778
Revised Code for the fiscal year the department makes the payment	58779
divided by the nursing facility's inpatient days for the calendar	58780
year preceding the calendar year in which that fiscal year begins;	58781

(3) Make payments to each nursing facility for fiscal years	58782
2002 and 2003 in an amount equal to one dollar and fifty cents per	58783
Medicaid day;	58784

(4) Make payments under the Nursing Facility Bed Operating	58785
Rights Buy-Back Program. The Department may not use more than	58786
$15,000,000 to implement that program.	58787

(C) Any money remaining in the Nursing Facility	58788
Stabilization Fund after payments specified in division (B) of	58789
this section are made for fiscal years 2002 and 2003 shall be	58790
retained in the fund. Any interest or other investment proceeds	58791
earned on money in the fund shall be credited to the fund and used	58792
to make payments in accordance with division (B) of this section.	58793

Section 62.38. NURSING FACILITY BED OPERATING RIGHTS BUY-BACK	58794
PROGRAM	58795

As used in this section, "nursing facility" has the same	58796
meaning as in section 5111.20 of the Revised Code.	58797

The Director of Job and Family Services shall create and	58798
implement a Nursing Facility Bed Operating Rights Buy-Back	58799
Program. Under the program, the Director shall notify nursing	58800
facilities in the areas of the state that the Director determines	58801
have an excess capacity of nursing facility beds that the Director	58802
proposes to purchase the operating rights to a number of nursing	58803
facility beds the Director specifies.	58804

No later than a date the Director specifies, a nursing	58805
facility located in an area of the state that the Director	58806
determines has an excess capacity of nursing facility beds may	58807
submit a sealed bid to the Director. The date that the Director	58808
specifies shall be no more than sixty days after the date the	58809
Director notifies nursing facilities of the proposal to buy the	58810
operating rights of nursing facility beds. To the extent money in	58811
the Nursing Facility Stabilization Fund created under section	58812
3721.56 of the Revised Code is available for the Nursing Facility	58813
Bed Operating Rights Buy-Back Program, the Director shall review	58814
the bids and purchase the operating rights of nursing facility	58815
beds from the lowest bidder or bidders. The Director may decline	58816
to purchase the operating rights of any nursing facility bed if	58817
the lowest bidder asks for more than the maximum per-bed amount,	58818
if any, the Director may establish. The Director shall not	58819
purchase the operating rights to more nursing facility beds than	58820
the Director specified in its notice to the nursing facilities.	58821

A nursing facility that has sold the operating rights to a	58822
nursing facility bed under this section may not include that bed	58823
or costs associated with the bed in a cost report filed under	58824
section 5111.26 or 5111.27 of the Revised Code. The facility	58825
shall file with the Director an amended cost report for the	58826
calendar year preceding the year the Director purchases the	58827
operating rights. In the amended cost report, the nursing	58828
facility shall subtract the bed and costs associated with the bed	58829
from the previous cost report for that calendar year. The	58830
Director shall use the amended cost report to revise the nursing	58831
facility's rates under sections 5111.20 to 5111.32 of the Revised	58832
Code for the fiscal year in which the operating rights are	58833
purchased.	58834

No action taken pursuant to the Nursing Facility Bed	58835
Operating Rights Buy-Back Program is a reviewable activity under	58836
sections 3702.51 to 3702.62 of the Revised Code.	58837

Section 62.39. NURSING FACILITY REIMBURSEMENT STUDY COUNCIL	58838

During fiscal years 2002 and 2003, the Nursing Facility	58839
Reimbursement Study Council shall examine and report to the	58840
Governor, the Speaker of the House of Representatives, and the	58841
President of the Senate its activities, findings, and	58842
recommendations concerning at least all of the following:	58843

(1) The use of imputed occupancy factors in calculating	58844
reimbursement rates;	58845

(2) The identification and quantification of costs that vary	58846
with occupancy and costs that do not vary with occupancy;	58847

(3) Specific elements of the reimbursement formula that	58848
contribute to or detract from facility efficiency, including	58849
appropriate methods of defining and measuring efficiency;	58850

(4) The inclusion or exclusion of direct-care costs and	58851
case-mix scores for classes of facility residents the Council	58852
identifies from case-mix calculations and the effect of those	58853
inclusions or exclusions on direct care of residents;	58854

(5) Whether the return on equity provision in the	58855
reimbursement formula should remain;	58856

(6) The use of depreciation recapture in the case of	58857
transfers of nursing facilities;	58858

(7) The amount of time that elapses between when a facility	58859
incurs costs for wage increases or other expenditure and when	58860
those costs are included in the reimbursement rate;	58861

(8) The percentage of capital costs that are not included in	58862
the reimbursement rate;	58863

(9) The percentage of purchased nursing costs that are not	58864
included in the reimbursement rate.	58865

Section 62.40. The Department of Mental Retardation and	58866
Developmental Disabilities shall arrange for a study to be	58867
completed no later than January 1, 2003, of the implications of	58868
the "Health Insurance Portability and Accountability Act of 1996,"	58869
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	58870
amended, on payment systems for Medicaid-funded services to	58871
individuals with mental retardation or other developmental	58872
disability, including the Multi-Agency Community Services	58873
Information System and similar payment systems. The study shall	58874
include consideration of the feasibility of a payment system under	58875
which a county board of mental retardation and developmental	58876
disabilities pays claims directly to persons and government	58877
entities under contract with the county board to provide	58878
Medicaid-funded services to individuals with mental retardation or	58879
other developmental disability.	58880

The Department shall contract with a person to administer an	58881
individual assessment instrument to a representative sample of	58882
individuals receiving or eligible to receive home and	58883
community-based services provided under a Medicaid component the	58884
Department administers under section 5111.871 of the Revised Code.	58885
The assessment instrument shall be identical or similar in design	58886
to the New York Developmental Disabilities Profile as developed by	58887
the New York Office of Mental Retardation and Developmental	58888
Disabilities. The purpose of the contract is to collect data	58889
necessary for constructing a statewide individual assessment	58890
instrument capable of reliably assessing an individual's needs	58891
that the Department is required to provide to the Department of	58892
Job and Family Services under division (A)(2) of section 5111.873	58893
of the Revised Code.	58894

Section 62.41. CRITICAL ACCESS HOSPITALS

58895

Pursuant to the requirement of section 5112.03 of the Revised	58896
Code to adopt rules establishing a methodology for paying	58897
hospitals under the Hospital Care Assurance Program, the Director	58898
of Job and Family Services shall include within the methodology a	58899
special payment pool for hospitals certified as critical access	58900
hospitals by the United States Health Care Financing	58901
Administration. The special payment pool for critical access	58902
hospitals shall be used to reimburse each critical access hospital	58903
an amount equal to the difference between the hospital's Medicaid	58904
costs and its Medicaid payments.	58905

Section 63.  JCO JUDICIAL CONFERENCE OF OHIO	58906

General Revenue Fund

58907

General Services Fund Group

58910

STATE COUNCIL OF UNIFORM STATE LAWS

58914

Notwithstanding section 105.26 of the Revised Code, of the	58915
foregoing appropriation item 018-321, Operating Expenses, up to	58916
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003	58917
may be used to pay the expenses of the State Council of Uniform	58918
State Laws, including membership dues to the National Conference	58919
of Commissioners on Uniform State Laws.	58920

OHIO JURY INSTRUCTIONS FUND

58921

The Ohio Jury Instructions Fund (Fund 403) shall consist of	58922
grants, royalties, dues, conference fees, bequests, devises, and	58923
other gifts received for the purpose of supporting costs incurred	58924
by the Judicial Conference of Ohio in dispensing education and	58925
informational data to the state's judicial system. Fund 403 shall	58926
be used by the Judicial Conference of Ohio to pay expenses	58927
incurred in dispensing educational and informational data to the	58928
state's judicial system. All moneys accruing to Fund 403 in	58929
excess of $200,000 in fiscal year 2002 and in excess of $200,000	58930
in fiscal year 2003 are hereby appropriated for the purposes	58931
authorized.	58932

No money in the Ohio Jury Instructions Fund shall be	58933
transferred to any other fund by the Director of Budget and	58934
Management or the Controlling Board.	58935

Section 64.  JSC THE JUDICIARY/SUPREME COURT

58936

General Revenue Fund

58937

General Services Fund Group

58943

State Special Revenue Fund Group

58946

Federal Special Revenue Fund Group

58951

LAW-RELATED EDUCATION

58955

The foregoing appropriation item 005-406, Law-Related	58956
Education, shall be distributed directly to the Ohio Center for	58957
Law-Related Education for the purposes of providing continuing	58958
citizenship education activities to primary and secondary	58959
students, expanding delinquency prevention programs, increasing	58960
activities for at-risk youth, and accessing additional public and	58961
private money for new programs.	58962

OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

58963

The foregoing appropriation item 005-502, Commission for	58964
Legal Education Opportunity, shall be used to fund the activities	58965
of the Commission for Legal Education Opportunity created by the	58966
Chief Justice of the Supreme Court of Ohio for the purpose of	58967
assisting minority, low-income, and educationally disadvantaged	58968
college graduates in the transition to legal education. Moneys	58969
appropriated to the Commission for Legal Education Opportunity may	58970
be used to establish and provide an intensive course of study	58971
designed to prepare eligible college graduates for law school	58972
education, provide annual stipends for students who successfully	58973
complete the course of study and are admitted to and maintain	58974
satisfactory academic standing in an Ohio law school, and pay the	58975
administrative costs associated with the program.	58976

CONTINUING JUDICIAL EDUCATION

58977

The Continuing Judicial Education Fund (Fund 672) shall	58978
consist of fees paid by judges and court personnel for attending	58979
continuing education courses and other gifts and grants received	58980
for the purpose of continuing judicial education. The foregoing	58981
appropriation item 005-601, Continuing Judicial Education, shall	58982
be used to pay expenses for continuing education courses for	58983
judges and court personnel. If it is determined by the	58984
Administrative Director of the Supreme Court that additional	58985
appropriations are necessary, the amounts are appropriated.	58986

No money in the Continuing Judicial Education Fund shall be	58987
transferred to any other fund by the Director of Budget and	58988
Management or the Controlling Board. Interest earned on moneys in	58989
the Continuing Judicial Education Fund shall be credited to the	58990
fund.	58991

ATTORNEY REGISTRATION

58992

In addition to funding other activities considered	58993
appropriate by the Supreme Court, the foregoing appropriation item	58994
005-605, Attorney Registration, may be used to compensate	58995
employees and fund the appropriate activities of the following	58996
offices established by the Supreme Court pursuant to the Rules for	58997
the Government of the Bar of Ohio: the Office of Disciplinary	58998
Counsel, the Board of Commissioners on Grievances and Discipline,	58999
the Clients' Security Fund, the Board of Commissioners on the	59000
Unauthorized Practice of Law, and the Office of Attorney	59001
Registration. If it is determined by the Administrative Director	59002
of the Supreme Court that additional appropriations are necessary,	59003
the amounts are appropriated.	59004

No moneys in the Attorney Registration Fund shall be	59005
transferred to any other fund by the Director of Budget and	59006
Management or the Controlling Board. Interest earned on moneys in	59007
the Attorney Registration Fund shall be credited to the fund.	59008

SUPREME COURT ADMISSIONS

59009

The foregoing appropriation item 005-606, Supreme Court	59010
Admissions, shall be used to compensate Supreme Court employees	59011
who are primarily responsible for administering the attorney	59012
admissions program, pursuant to the Rules for the Government of	59013
the Bar of Ohio, and to fund any other activities considered	59014
appropriate by the court. Moneys shall be deposited into the	59015
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	59016
Court Rules for the Government of the Bar of Ohio. If it is	59017
determined by the Administrative Director of the Supreme Court	59018
that additional appropriations are necessary, the amounts are	59019
appropriated.	59020

No moneys in the Supreme Court Admissions Fund shall be	59021
transferred to any other fund by the Director of Budget and	59022
Management or the Controlling Board. Interest earned on moneys in	59023
the Supreme Court Admissions Fund shall be credited to the fund.	59024

CONTINUING LEGAL EDUCATION

59025

The foregoing appropriation item 005-607, Commission on	59026
Continuing Legal Education, shall be used to compensate employees	59027
of the Commission on Continuing Legal Education, established	59028
pursuant to the Supreme Court Rules for the Government of the Bar	59029
of Ohio, and to fund other activities of the commission considered	59030
appropriate by the court. If it is determined by the	59031
Administrative Director of the Supreme Court that additional	59032
appropriations are necessary, the amounts are appropriated.	59033

No moneys in the Continuing Legal Education Fund shall be	59034
transferred to any other fund by the Director of Budget and	59035
Management or the Controlling Board. Interest earned on moneys in	59036
the Continuing Legal Education Fund shall be credited to the fund.	59037

FEDERAL MISCELLANEOUS

59038

The Federal Miscellaneous Fund (3J0) shall consist of grants	59039
and other moneys awarded to the Supreme Court of Ohio (The	59040
Judiciary) by the United States Government, the State Justice	59041
Institute, or other entities that receive the moneys directly from	59042
the United States Government or the State Justice Institute and	59043
distribute those moneys to the Supreme Court of Ohio (The	59044
Judiciary). The foregoing appropriation item 005-603, Federal	59045
Grants, shall be used in a manner consistent with the purpose of	59046
the grant or award. If it is determined by the Administrative	59047
Director of the Supreme Court that additional appropriations are	59048
necessary, the amounts are appropriated.	59049

No money in the Federal Miscellaneous Fund shall be	59050
transferred to any other fund by the Director of Budget and	59051
Management or the Controlling Board. However, interest earned on	59052
moneys in the Federal Miscellaneous Fund shall be credited or	59053
transferred to the General Revenue Fund.	59054

Section 65.  LEC LAKE ERIE COMMISSION	59055

State Special Revenue Fund Group

59056

CASH TRANSFER

59062

Not later than the thirtieth day of November of each fiscal	59063
year, the Executive Director of the Ohio Lake Erie Office, with	59064
the approval of the Lake Erie Commission, shall certify to the	59065
Director of Budget and Management the cash balance in the Lake	59066
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	59067
operating expenses of the Lake Erie Office. The Ohio Lake Erie	59068
Office may request the Director of Budget and Management to	59069
transfer up to the certified amount from the Lake Erie Resources	59070
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	59071
Director of Budget and Management may transfer the requested	59072
amount, or the Director may transfer a different amount up to the	59073
certified amount. Cash transferred shall be used for the purposes	59074
described in division (A) of section 1506.23 of the Revised Code.	59075
The amount transferred by the director is appropriated to the	59076
foregoing appropriation item 780-601, Lake Erie Protection Fund,	59077
which shall be increased by the amount transferred.	59078

Section 66.  LRS LEGAL RIGHTS SERVICE	59079

General Revenue Fund

59080

General Services Fund Group

59086

Federal Special Revenue Fund Group

59092

Section 67.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE	59103

General Revenue Fund

59104

State Special Revenue Fund Group

59107

Section 68. LSC LEGISLATIVE SERVICE COMMISSION

59112

General Revenue Fund

59113

General Services Fund Group

59122

OPERATING EXPENSES

59128

On or before August 1, 2001, the Director of Budget and	59129
Management shall determine and certify to the Director of the	59130
Legislative Service Commission the total amount of unexpended,	59131
unobligated appropriations made to the Commission for fiscal year	59132
2001 in appropriation items 035-321 and 035-403. Additional	59133
appropriation authority equal to the amount certified by the	59134
Director of Budget and Management to the Director of the	59135
Legislative Service Commission, not to exceed $500,000, is hereby	59136
appropriated to appropriation item 035-321 Operating Expenses, for	59137
fiscal year 2002.	59138

ATMS REPLACEMENT PROJECT

59139

Of the foregoing appropriation item 035-406, ATMS Replacement	59140
Project, any amounts not used for the ATMS project may be used to	59141
pay the operating expenses of the Legislative Service Commission.	59142

LEGISLATIVE TASK FORCE ON REDISTRICTING

59143

On or before August 1, 2001, the Director of Budget and	59144
Management shall determine and certify to the Director of the	59145
Legislative Service Commission the total amount of unexpended,	59146
unobligated appropriations made to the Commission for fiscal year	59147
2001 in appropriation item 035-407, Legislative Task Force on	59148
Redistricting. Additional appropriation authority equal to the	59149
amount certified by the Director of Budget and Management to the	59150
Director of the Legislative Service Commission is hereby	59151
appropriated to appropriation item 035-407, Legislative Task Force	59152
on Redistricting, for fiscal year 2002.	59153

NATIONAL ASSOCIATIONS

59154

Of the foregoing appropriation item 035-409, National	59155
Associations, $10,000 in each fiscal year shall be used for the	59156
State and Local Legal Center.	59157

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

59158

The foregoing appropriation item 035-404, Legislative Office	59159
of Education Oversight, shall be used to support the legislative	59160
oversight activities of the Legislative Committee on Education	59161
Oversight established in section 3301.68 of the Revised Code.	59162

Section 69.  LIB STATE LIBRARY BOARD

59163

General Revenue Fund

59164

General Services Fund Group

59171

Federal Special Revenue Fund Group

59177

OHIOANA RENTAL PAYMENTS

59182

The foregoing appropriation item 350-401, Ohioana Rental	59183
Payments, shall be used to pay the rental expenses of the Martha	59184
Kinney Cooper Ohioana Library Association pursuant to section	59185
3375.61 of the Revised Code.	59186

REGIONAL LIBRARY SYSTEMS

59187

The foregoing appropriation item 350-502, Regional Library	59188
Systems, shall be used to support regional library systems	59189
eligible for funding under section 3375.90 of the Revised Code.	59190

OHIO PUBLIC LIBRARY INFORMATION NETWORK

59191

The foregoing appropriation item 350-604, OPLIN Technology,	59192
shall be used for an information telecommunications network	59193
linking public libraries in the state and such others as may be	59194
certified as participants by the Ohio Public Library Information	59195
Network Board.	59196

The Ohio Public Library Information Network Board shall	59197
consist of eleven members appointed by the State Library Board	59198
from among the staff of public libraries and past and present	59199
members of boards of trustees of public libraries, based on the	59200
recommendations of the Ohio library community. The Ohio Public	59201
Library Information Network Board in consultation with the State	59202
Library shall develop a plan of operations for the network. The	59203
Board shall have the authority to make decisions regarding the use	59204
of the foregoing appropriation item 350-604, OPLIN Technology, and	59205
to receive and expend grants to carry out the operations of the	59206
network in accordance with state law and the authority to appoint	59207
and fix the compensation of a director and necessary staff. The	59208
State Library will be the fiscal agent for the network and shall	59209
have fiscal accountability for the expenditure of funds. The Ohio	59210
Public Library Information Network Board members shall be	59211
reimbursed for actual travel and necessary expenses incurred in	59212
the carrying out of their responsibilities.	59213

In order to limit access to obscene and illegal materials	59214
through internet use at Ohio Public Library Information Network	59215
(OPLIN) terminals, local libraries with OPLIN computer terminals	59216
shall adopt policies that control access to obscene and illegal	59217
materials. These policies may include use of technological	59218
systems to select or block certain internet access. The OPLIN	59219
shall condition provision of its funds, goods, and services on	59220
compliance with these policies. The OPLIN board shall also adopt	59221
and communicate specific recommendations to local libraries on	59222
methods to control such improper usage. These methods may include	59223
each library implementing a written policy controlling such	59224
improper use of library terminals and requirements for parental	59225
involvement or written authorization for juvenile internet usage.	59226

The OPLIN board shall research and assist or advise local	59227
libraries with emerging technologies and methods that may be	59228
effective means to control access to obscene and illegal	59229
materials. The OPLIN Executive Director shall biannually provide	59230
written reports to the Governor, the Speaker and Minority Leader	59231
of the House of Representatives, and the President and Minority	59232
Leader of the Senate on any steps being taken by OPLIN and public	59233
libraries in this state to limit and control such improper usage	59234
as well as information on technological, legal, and law	59235
enforcement trends nationally and internationally affecting this	59236
area of public access and service.	59237

The Ohio Public Library Information Network, InfOhio, and	59238
OhioLink shall, to the extent feasible, coordinate and cooperate	59239
in their purchase or other acquisition of the use of electronic	59240
databases for their respective users and shall contribute funds in	59241
an equitable manner to such effort.	59242

TRANSFER TO OPLIN TECHNOLOGY FUND

59243

Notwithstanding sections 5747.03 and 5747.47 of the Revised	59244
Code and any other provision of law to the contrary, in accordance	59245
with a schedule established by the Director of Budget and	59246
Management, (A) in fiscal year 2002, the Director of Budget and	59247
Management shall transfer $6,361,095 from the Library and Local	59248
Government Support Fund (Fund 065) to the OPLIN Technology Fund	59249
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget	59250
and Management shall transfer $6,477,962 from the Library and	59251
Local Government Support Fund (Fund 065) to the OPLIN Technology	59252
Fund (Fund 4S4).	59253

Section 70.  LCO LIQUOR CONTROL COMMISSION	59254

Liquor Control Fund Group

59255

Section 71.  LOT STATE LOTTERY COMMISSION	59260

State Lottery Fund Group

59261

OPERATING EXPENSES

59272

The foregoing appropriation items include all amounts	59273
necessary for the purchase and printing of tickets, consultant	59274
services, and advertising. The Controlling Board may, at the	59275
request of the State Lottery Commission, authorize additional	59276
appropriations for operating expenses of the State Lottery	59277
Commission from the State Lottery Fund up to a maximum of 15 per	59278
cent of anticipated total revenue accruing from the sale of	59279
lottery tickets.	59280

PRIZES, BONUSES, AND COMMISSIONS

59281

Any amounts, in addition to the amounts appropriated in	59282
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	59283
are determined by the Director of the State Lottery Commission to	59284
be necessary to fund prizes, bonuses, and commissions are	59285
appropriated.	59286

ANNUITY PRIZES

59287

With the approval of the Office of Budget and Management, the	59288
State Lottery Commission shall transfer cash from the State	59289
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	59290
(Fund 871) in an amount sufficient to fund deferred prizes. The	59291
Treasurer of State, from time to time, shall credit the Deferred	59292
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	59293
by the Treasurer of State on invested balances.	59294

Any amounts, in addition to the amounts appropriated in	59295
appropriation item 950-602, Annuity Prizes, that are determined by	59296
the Director of the State Lottery Commission to be necessary to	59297
fund deferred prizes and interest earnings are appropriated.	59298

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND	59299

The Ohio Lottery Commission shall transfer an amount greater	59300
than or equal to $633,722,100 in fiscal year 2002 and $621,722,600	59301
in fiscal year 2003 to the Lottery Profits Education Fund.	59302
Transfers from the Commission to the Lottery Profits Education	59303
Fund shall represent the estimated net income from operations for	59304
the Commission and may be supplemented by transfers from the	59305
Unclaimed Prizes Fund at any time in fiscal year 2002 or fiscal	59306
year 2003. Transfers by the Commission to the Lottery Profits	59307
Education Fund shall be administered in accordance with and	59308
pursuant to the Revised Code.	59309

Section 72.  MED STATE MEDICAL BOARD	59310

General Services Fund Group

59311

Section 73.  DMH DEPARTMENT OF MENTAL HEALTH

59316

Division of General Administration Intragovernmental Service Fund	59317
Group	59318

Division of Mental Health--

59322

Psychiatric Services to Correctional Facilities

59323

General Revenue Fund

59324

FORENSIC SERVICES

59328

The foregoing appropriation item 322-401, Forensic Services,	59329
shall be used to provide psychiatric services to courts of common	59330
pleas. The appropriation shall be allocated through community	59331
mental health boards to certified community agencies and shall be	59332
distributed according to the criteria delineated in rule	59333
5122:4-1-01 of the Administrative Code. These community forensic	59334
funds may also be used to provide forensic training to community	59335
mental health boards and to forensic psychiatry residency programs	59336
in hospitals operated by the Department of Mental Health and to	59337
provide evaluations of patients of forensic status in facilities	59338
operated by the Department of Mental Health prior to conditional	59339
release to the community.	59340

In addition, appropriation item 332-401, Forensic Services,	59341
may be used to support projects involving mental health, substance	59342
abuse, courts, and law enforcement to identify and develop	59343
appropriate alternative services to institutionalization for	59344
nonviolent mentally ill offenders, and to provide linkage to	59345
community services for severely mentally disabled offenders	59346
released from institutions operated by the Department of	59347
Rehabilitation and Correction. Funds may also be utilized to	59348
provide forensic monitoring and tracking in addition to community	59349
programs serving persons of forensic status on conditional release	59350
or probation.	59351

Division of Mental Health--

59352

Administration and Statewide Programs

59353

General Revenue Fund

59354

General Services Fund Group

59363

Federal Special Revenue Fund Group

59366

State Special Revenue Fund Group

59374

RESIDENCY TRAINEESHIP PROGRAMS

59381

The foregoing appropriation item 333-402, Resident Trainees,	59382
shall be used to fund training agreements entered into by the	59383
Department of Mental Health for the development of curricula and	59384
the provision of training programs to support public mental health	59385
services.	59386

PRE-ADMISSION SCREENING EXPENSES

59387

The foregoing appropriation item 333-403, Pre-Admission	59388
Screening Expenses, shall be used to pay for costs to ensure that	59389
uniform statewide methods for pre-admission screening are in place	59390
to perform assessments for persons in need of mental health	59391
services or for whom institutional placement in a hospital or in	59392
another inpatient facility is sought. Pre-admission screening	59393
includes the following activities: pre-admission assessment,	59394
consideration of continued stay requests, discharge planning and	59395
referral, and adjudication of appeals and grievance procedures.	59396

RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION

59397

The foregoing appropriation item 333-415, Lease-Rental	59398
Payments, shall be used to meet all payments at the times they are	59399
required to be made during the period from July 1, 2001, to June	59400
30, 2003, by the Department of Mental Health pursuant to leases	59401
and agreements made under section 154.20 of the Revised Code, but	59402
limited to the aggregate amount of $51,030,200. Nothing in this	59403
act shall be deemed to contravene the obligation of the state to	59404
pay, without necessity for further appropriation, from the sources	59405
pledged thereto, the bond service charges on obligations issued	59406
pursuant to section 154.20 of the Revised Code.	59407

Section 73.01. DIVISION OF MENTAL HEALTH - HOSPITALS	59408

General Revenue Fund

59409

General Services Fund Group

59413

Federal Special Revenue Fund Group

59418

State Special Revenue Fund Group

59426

COMMUNITY MENTAL HEALTH BOARD RISK FUND

59432

The foregoing appropriation item 334-636, Community Mental	59433
Health Board Risk Fund, shall be used to make payments pursuant to	59434
section 5119.62 of the Revised Code.	59435

Section 73.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	59436
SERVICES	59437

General Revenue Fund

59438

General Services Fund Group

59443

Federal Special Revenue Fund Group

59448

State Special Revenue Fund Group

59453

Section 73.03.  COMMUNITY MEDICATION SUBSIDY

59472

The foregoing appropriation item 335-419, Community	59473
Medication Subsidy, shall be used to provide subsidized support	59474
for psychotropic medication needs of indigent citizens in the	59475
community to reduce unnecessary hospitalization because of lack of	59476
medication and to provide subsidized support for methadone costs.	59477

GENERAL COMMUNITY MENTAL HEALTH PROGRAMS

59478

The foregoing appropriation item 335-502, Community Mental	59479
Health Programs, shall be distributed by the Department of Mental	59480
Health on a per capita basis to community mental health boards.	59481

The purpose of the appropriation is to provide subsidized	59482
support for general mental health services to Ohioans. The range	59483
of mental health services eligible for funding shall be defined in	59484
a Department of Mental Health rule. Community mental health	59485
boards shall allocate funds in support of these services in	59486
accordance with the mental health needs of the community.	59487

MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS

59488

The foregoing appropriation item 335-508, Services for	59489
Severely Mentally Disabled, shall be used to fund mental health	59490
services for adults and children who meet or have formerly met	59491
criteria established by the Department of Mental Health under its	59492
definition of severely mentally disabled. Those adults and	59493
children who constitute severely mentally disabled include those	59494
with a history of recent or chronic psychiatric hospitalizations,	59495
a history of psychosis, a prognosis of continued severe social and	59496
adaptive functioning impairment, or those certified impaired by	59497
the Social Security Administration for reasons of mental illness.	59498
In addition to the above, children and adolescents who are	59499
currently determined to be severely mentally disabled, or who are	59500
at risk of becoming severely mental disabled, and who are already	59501
in or about to enter the juvenile justice system, or child welfare	59502
system, or receiving special education services within the	59503
education system may also receive services funded by appropriation	59504
item 335-508, Services for Severely Mentally Disabled.	59505

Of the foregoing appropriation item 335-508, Services for	59506
Severely Mentally Disabled, $100,000 in each fiscal year shall be	59507
used to fund family and consumer education and support.	59508

Of the foregoing appropriation item 335-508, Services for	59509
Severely Mentally Disabled, $2.7 million in each fiscal year shall	59510
be used to transfer cash from the General Revenue Fund to Fund	59511
4N8, Family Stability Incentive. This transfer shall be made	59512
using an intrastate transfer voucher.	59513

MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS

59514

Any cash transferred for juvenile offenders projects from the	59515
Department of Youth Services, the Department of Job and Family	59516
Services, the Office of Criminal Justice Services, or other state	59517
agencies to the Department of Mental Health (Fund 149) shall be	59518
used by the Department of Mental Health to fund local mental	59519
health services to juvenile offenders projects that are designed	59520
to address the mental health needs of juvenile offenders with	59521
serious mental illness.	59522

BEHAVIORAL HEALTH MEDICAID SERVICES

59523

The Department of Mental Health shall administer specified	59524
Medicaid Services as delegated by the Department of Job and Family	59525
Services in an interagency agreement. The foregoing appropriation	59526
item 333-607, Behavioral Health Medicaid Services, may be used to	59527
make payments for free-standing psychiatric hospital inpatient	59528
services as defined in an interagency agreement with the	59529
Department of Job and Family Services.	59530

Section 73.04. To increase the cost-effectiveness of	59531
community mental health services, the Director of Mental Health	59532
shall amend or rescind any rules formerly adopted under section	59533
5119.01 of the Revised Code establishing certification standards	59534
for mental health services that do not improve the quality of	59535
services or the health and safety of clients of the services. The	59536
Director shall amend or rescind the rules not later than ninety	59537
days after the effective date of this section.	59538

Section 74.  DMR DEPARTMENT OF MENTAL RETARDATION	59539

AND DEVELOPMENTAL DISABILITIES

59540

Section 74.01.  GENERAL ADMINISTRATION AND STATEWIDE

59541

SERVICES

59542

General Revenue Fund

59543

General Services Fund Group

59549

Federal Special Revenue Fund Group

59553

LEASE-RENTAL PAYMENTS

59562

The foregoing appropriation item 320-415, Lease-Rental	59563
Payments, shall be used to meet all payments at the times they are	59564
required to be made during the period from July 1, 2001, to June	59565
30, 2003, by the Department of Mental Retardation and	59566
Developmental Disabilities pursuant to leases and agreements made	59567
under section 154.20 of the Revised Code, but limited to the	59568
aggregate amount of $51,030,200. Nothing in this act shall be	59569
deemed to contravene the obligation of the state to pay, without	59570
necessity for further appropriation, from the sources pledged	59571
thereto, the bond service charges on obligations issued pursuant	59572
to section 154.20 of the Revised Code.	59573

Section 74.02. COMMUNITY SERVICES

59574

General Revenue Fund

59575

General Services Fund Group

59583

Federal Special Revenue Fund Group

59592

State Special Revenue Fund Group

59607

RESIDENTIAL AND SUPPORT SERVICES

59614

The foregoing appropriation item 322-413, Residential and	59615
Support Services, shall be used for any of the following:	59616

(A) Home and community-based waiver services pursuant to	59617
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	59618
U.S.C. 301, as amended;	59619

(B) Services contracted by county boards of mental	59620
retardation and developmental disabilities;	59621

(C) Supported living services contracted by county boards of	59622
mental retardation and developmental disabilities in accordance	59623
with sections 5126.40 to 5126.47 of the Revised Code;	59624

(D) Sermak Class Services used to implement the requirements	59625
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	59626
United States District Court for the Southern District of Ohio,	59627
Eastern Division;	59628

(E) Other Medicaid-reimbursed programs, in an amount not to	59629
exceed $1,000,000 in each fiscal year, that enable persons with	59630
mental retardation and developmental disabilities to live in the	59631
community.	59632

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	59633
the Department of Mental Retardation and Developmental	59634
Disabilities may develop residential and support service programs	59635
that enable persons with mental retardation and developmental	59636
disabilities to live in the community. Notwithstanding Chapter	59637
5121. and section 5123.122 of the Revised Code, the department may	59638
waive the support collection requirements of those statutes for	59639
persons in community programs developed by the department under	59640
this section. The department shall adopt rules under Chapter 119.	59641
of the Revised Code or may use existing rules for the	59642
implementation of these programs.	59643

The Department of Mental Retardation and Developmental	59644
Disabilities may designate a portion of appropriation item	59645
332-413, Residential and Support Services, to county boards of	59646
mental retardation and developmental disabilities that have	59647
greater need for various residential and support services due to a	59648
low percentage of residential and support services development in	59649
comparison to the number of individuals with mental retardation or	59650
developmental disabilities in the county.	59651

Not later than 30 days after the effective date of this	59652
section, the Director of Budget and Management shall transfer up	59653
to $5,000,000 from appropriation item 322-413, Residential and	59654
Support Services, to appropriation item 322-501, County Boards	59655
Subsidies. The total amount that is transferred from appropriation	59656
item 322-413 to appropriation item 322-501 shall be used for the	59657
tax equalization program created under sections 5126.16 to 5126.18	59658
of the Revised Code and is subject to all statutes and rules	59659
established for the tax equalization program.	59660

Not later than July 30, 2002, the Director of Budget and	59661
Management shall transfer up to $11,500,000 from appropriation	59662
item 322-413, Residential and Support Services, to appropriation	59663
item 322-501, County Boards Subsidies. The total amount that is	59664
transferred from appropriation item 322-413 to appropriation item	59665
322-501 shall be used for the tax equalization program created	59666
under sections 5126.16 to 5126.18 of the Revised Code and is	59667
subject to all statutes and rules established for the tax	59668
equalization program.	59669

Of the foregoing appropriation item 322-413, Residential and	59670
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	59671
fiscal year 2003 shall be distributed by the Department to county	59672
boards of mental retardation and developmental disabilities to	59673
support existing residential facilities waiver and individual	59674
options waiver related Medicaid activities provided for in the	59675
component of a county board's plan developed under division (A)(2)	59676
of section 5126.054 of the Revised Code and approved under section	59677
5123.046 of the Revised Code. Up to $3,000,000 of these funds in	59678
each fiscal year may be used to implement day-to-day program	59679
management services under division (A)(2) of section 5126.054 of	59680
the Revised Code. Up to $4,200,000 in each fiscal year may be used	59681
to implement the program and health and welfare requirements of	59682
division (A)(2) of section 5126.054 of the Revised Code.	59683

In fiscal years 2002 and 2003, not less than $2,500,000 and	59684
$2,650,000, respectively, of these funds shall be used to recruit	59685
and retain, under division (A)(2) of section 5126.054 of the	59686
Revised Code, the direct care staff necessary to implement the	59687
services included in an individualized service plan in a manner	59688
that ensures the health and welfare of the individuals being	59689
served.	59690

FAMILY SUPPORT SERVICES

59691

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	59692
5126.11 of the Revised Code, the Department of Mental Retardation	59693
and Developmental Disabilities may implement programs funded by	59694
appropriation item 322-451, Family Support Services, to provide	59695
assistance to persons with mental retardation or developmental	59696
disabilities and their families who are living in the community.	59697
The department shall adopt rules to implement these programs.	59698

CASE MANAGEMENT

59699

The foregoing appropriation item 322-452, Case Management,	59700
shall be allocated to county boards of mental retardation and	59701
developmental disabilities for the purpose of providing case	59702
management services and to assist in bringing state funding for	59703
all department-approved case managers within county boards of	59704
mental retardation and developmental disabilities to the level	59705
authorized in division (C) of section 5126.15 of the Revised Code.	59706
The department may request approval from the Controlling Board to	59707
transfer any unobligated appropriation authority from other state	59708
General Revenue Fund appropriation items within the department's	59709
budget to appropriation item 322-452, Case Management, to be used	59710
to meet the statutory funding level in division (C) of section	59711
5126.15 of the Revised Code.	59712

Notwithstanding division (C) of section 5126.15 of the	59713
Revised Code and subject to funding in appropriation item 322-452,	59714
Case Management, no county may receive less than its allocation in	59715
fiscal year 1995.	59716

Section 74.03.  RENAMING OF CASE MANAGEMENT SERVICES

59717

As used in this section, "service and support administration"	59718
has the same meaning as in section 5126.01 of the Revised Code, as	59719
amended by this act.	59720

Wherever case management services are referred to in any law,	59721
contract, or other document, the reference shall be deemed to	59722
refer to service and support administration. No action or	59723
proceeding pending on the effective date of this section is	59724
affected by the renaming of case management services as service	59725
and support administration.	59726

The Department of Mental Retardation and Developmental	59727
Disabilities shall adopt, amend, and rescind rules as necessary to	59728
reflect the renaming of case management services as service and	59729
support administration. All boards of mental retardation and	59730
developmental disabilities and the entities with which they	59731
contract for services shall rename the titles of their employees	59732
who provide service and support administration. All boards and	59733
contracting entities shall make corresponding changes to all	59734
employment contracts.	59735

STATE SUBSIDIES TO MR/DD BOARDS

59736

Of the foregoing appropriation item 322-501, County Boards	59737
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	59738
fiscal year 2003 shall be used to fund the tax equalization	59739
program created under sections 5126.16 to 5126.18 of the Revised	59740
Code for county boards of mental retardation and developmental	59741
disabilities. The tax equalization program shall utilize the	59742
average daily membership of adults 22 years of age and older in	59743
habilitation, vocational, and community employment services only	59744
for the yield on 1/2 mills.	59745

After funding the tax equalization program, the Department of	59746
Mental Retardation and Developmental Disabilities shall distribute	59747
the remaining appropriation authority in appropriation item	59748
322-501, County Boards Subsidies, to county boards of mental	59749
retardation and developmental disabilities for subsidies	59750
distributed pursuant to section 5126.12 of the Revised Code to the	59751
limit of the lesser of the amount required by that section or the	59752
remaining balance of the appropriation authority in appropriation	59753
item 322-501 prorated to all county boards of mental retardation	59754
and developmental disabilities.	59755

INTERSYSTEM SERVICES FOR CHILDREN

59756

The foregoing appropriation item 322-645, Intersystem	59757
Services for Children, shall be used to support direct grants to	59758
county family and children first councils created under section	59759
121.37 of the Revised Code. The funds shall be used as partial	59760
support payment and reimbursement for locally coordinated	59761
treatment plans for multi-needs children that come to the	59762
attention of the Family and Children First Cabinet Council	59763
pursuant to section 121.37 of the Revised Code. Any child	59764
referred for funding under this program must have an	59765
individualized educational plan (IEP) in place. The Department of	59766
Mental Retardation and Developmental Disabilities may use up to	59767
five per cent of this amount for administrative expenses	59768
associated with the distribution of funds to the county councils.	59769

WAIVER - MATCH

59770

The foregoing appropriation item 322-604, Waiver-Match (Fund	59771
4K8), shall be used as state matching funds for the home and	59772
community-based waivers.	59773

The Department of Job and Family Services may enter into an	59774
interagency agreement with the Department of Mental Retardation	59775
and Developmental Disabilities providing for the Department of	59776
Mental Retardation and Developmental Disabilities to operate the	59777
program.	59778

DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A MODEL BILLING FOR	59779
SERVICES RENDERED	59780

Developmental centers of the Department of Mental Retardation	59781
and Developmental Disabilities may provide services to persons	59782
with mental retardation or developmental disabilities living in	59783
the community or to providers of services to these persons. The	59784
department may develop a methodology for recovery of all costs	59785
associated with the provisions of these services.	59786

Section 74.04.  RESIDENTIAL FACILITIES

59787

General Revenue Fund

59788

General Services Fund Group

59792

Federal Special Revenue Fund Group

59797

State Special Revenue Fund Group

59806

Section 74.05. (A) There is hereby created the Executive	59824
Branch Committee on Medicaid Redesign and Expansion of MRDD	59825
Services. The committee shall consist of all of the following	59826
individuals:	59827

(1) One representative of the Governor appointed by the	59828
Governor;	59829

(2) Two representatives of the Department of Mental	59830
Retardation and Developmental Disabilities appointed by the	59831
Director of Mental Retardation and Developmental Disabilities;	59832

(3) Two representatives of the Department of Job and Family	59833
Services appointed by the Director of Job and Family Services;	59834

(4) One representative of the Office of Budget and	59835
Management appointed by the Director of Budget and Management;	59836

(5) One representative of the ARC of Ohio appointed by the	59837
organization's board of trustees;	59838

(6) One representative of the Ohio Association of County	59839
Boards of Mental Retardation and Developmental Disabilities	59840
appointed by the association's board of trustees;	59841

(7) One representative of the Ohio Association of	59842
Superintendents of County Boards of Mental Retardation and	59843
Developmental Disabilities appointed by the organization's board	59844
of trustees;	59845

(8) One representative of the Ohio Provider Resource	59846
Association appointed by the association's board of trustees;	59847

(9) One representative of the Ohio Health Care Association	59848
appointed by the association's board of trustees;	59849

(10) One representative of individuals with mental	59850
retardation or other developmental disability appointed by the	59851
Director of Mental Retardation and Developmental Disabilities.	59852

(B) The Governor shall appoint the chairperson of the	59853
committee. Members of the committee shall serve without	59854
compensation or reimbursement, except to the extent that serving	59855
on the committee is considered a part of their regular employment	59856
duties.	59857

(C) The committee shall meet at times determined by the	59858
chairperson to do all of the following:	59859

(1) Review the effect that the provisions of this act	59860
regarding Medicaid funding for services to individuals with mental	59861
retardation or other developmental disability have on the funding	59862
and provision of services to such individuals;	59863

(2) Identify issues related to, and barriers to, the	59864
effective implementation of those provisions of this act with the	59865
goal of meeting the needs of individuals with mental retardation	59866
or other developmental disability;	59867

(3) Establish effective means for resolving the issues and	59868
barriers, including advocating changes to state law, rules, or	59869
both.	59870

(D) The committee shall finish a preliminary report on its	59871
actions no later than one year after the effective date of this	59872
section and a final report on its actions no later than three	59873
years after the effective date of this section. The committee	59874
shall submit the reports to the Governor and Directors of Mental	59875
Retardation and Developmental Disabilities and Job and Family	59876
Services. The committee shall cease to exist on submission of the	59877
final report unless the Governor issues an executive order	59878
providing for the committee to continue.	59879

Section 75.  MIH COMMISSION ON MINORITY HEALTH	59880

General Revenue Fund

59881

Federal Special Revenue Fund Group

59886

State Special Revenue Fund Group

59890

LUPUS PROGRAM

59895

The foregoing appropriation item 149-502, Lupus Program,	59896
shall be used to provide grants for programs in patient, public,	59897
and professional education on the subject of systemic lupus	59898
erythemtosus; to encourage and develop local centers on lupus	59899
information gathering and screening; and to provide outreach to	59900
minority women.	59901

Section 76.  CRB MOTOR VEHICLE COLLISION REPAIR	59902

REGISTRATION BOARD

59903

General Service Fund Group

59904

Section 77.  DNR DEPARTMENT OF NATURAL RESOURCES

59910

General Revenue Fund

59911

General Services Fund Group

59935

Federal Special Revenue Fund Group

59955

State Special Revenue Fund Group

59971

Wildlife Fund Group

59995

Waterways Safety Fund Group

60003

Holding Account Redistribution Fund Group

60014

Accrued Leave Liability Fund Group

60019

Section 77.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT	60025
SERVICE	60026

The foregoing appropriation item 725-903, Natural Resources	60027
General Obligation Debt Service, shall be used to pay all debt	60028
service and financing costs at the times they are required to be	60029
made pursuant to sections 151.01 and 151.05 of the Revised Code	60030
during the period from July 1, 2001, to June 30, 2003. The Office	60031
of the Sinking Fund or the Director of Budget and Management shall	60032
effectuate the required payments by an intrastate transfer	60033
voucher.	60034

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

60035

The foregoing appropriation item 725-904, Conservation	60036
General Obligation Debt Service, shall be used to pay all debt	60037
service and financing costs during the period from July 1, 2001,	60038
to June 30, 2003, on obligations to be issued for conservation	60039
purposes under Section 2o of Article VIII, Ohio Constitution, and	60040
implementing legislation. The Office of the Sinking Fund or the	60041
Director of Budget and Management shall effectuate the required	60042
payments by an intrastate transfer voucher.	60043

LEASE RENTAL PAYMENTS

60044

The foregoing appropriation item 725-413, OPFC Lease Rental	60045
Payments, shall be used to meet all payments at the times they are	60046
required to be made during the period from July 1, 2001, to June	60047
30, 2003, by the Department of Natural Resources pursuant to	60048
leases and agreements made under section 154.22 of the Revised	60049
Code, but limited to the aggregate amount of $30,490,500. Nothing	60050
in this act shall be deemed to contravene the obligation of the	60051
state to pay, without necessity for further appropriation, from	60052
the sources pledged thereto, the bond service charges on	60053
obligations issued pursuant to section 154.22 of the Revised Code.	60054

FOUNTAIN SQUARE

60055

The foregoing appropriation item 725-404, Fountain Square	60056
Rental Payments - OBA, shall be used by the Department of Natural	60057
Resources to meet all payments required to be made to the Ohio	60058
Building Authority during the period from July 1, 2001, to June	60059
30, 2003, pursuant to leases and agreements with the Ohio Building	60060
Authority under section 152.241 of the Revised Code, but limited	60061
to the aggregate amount of $2,181,500.	60062

The Director of Natural Resources, using intrastate transfer	60063
vouchers, shall make payments to the General Revenue Fund from	60064
funds other than the General Revenue Fund to reimburse the General	60065
Revenue Fund for the other funds' shares of the lease rental	60066
payments to the Ohio Building Authority. The transfers from the	60067
non-General Revenue funds shall be made within 10 days of the	60068
payment to the Ohio Building Authority for the actual amounts	60069
necessary to fulfill the leases and agreements pursuant to section	60070
152.241 of the Revised Code.	60071

The foregoing appropriation item 725-664, Fountain Square	60072
Facilities Management (Fund 635), shall be used for payment of	60073
repairs, renovation, utilities, property management, and building	60074
maintenance expenses for the Fountain Square Complex. Cash	60075
transferred by intrastate transfer vouchers from various	60076
department funds and rental income received by the Department of	60077
Natural Resources shall be deposited to the Fountain Square	60078
Facilities Management Fund (Fund 635).	60079

Section 77.02. CENTRAL SUPPORT INDIRECT

60080

With the exception of the Division of Wildlife, whose	60081
indirect central support charges shall be paid out of the General	60082
Revenue Fund from the foregoing appropriation item 725-401,	60083
Wildlife - GRF Central Support, the Department of Natural	60084
Resources, with the approval of the Director of Budget and	60085
Management, shall utilize a methodology for determining each	60086
division's payments into the Central Support Indirect Fund (Fund	60087
157). The methodology used shall contain the characteristics of	60088
administrative ease and uniform application. Payments to the	60089
Central Support Indirect Fund shall be made using an intrastate	60090
transfer voucher.	60091

WILDLIFE LICENSE REIMBURSEMENT

60092

Notwithstanding the limits of the transfer from the General	60093
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	60094
of the Revised Code, up to the amount available in appropriation	60095
item 725-425, Wildlife License Reimbursement, may be transferred	60096
from the General Revenue Fund to the Wildlife Fund (Fund 015).	60097
Pursuant to the certification of the Director of Budget and	60098
Management of the amount of foregone revenue in accordance with	60099
section 1533.15 of the Revised Code, the foregoing appropriation	60100
item in the General Revenue Fund, appropriation item 725-425,	60101
Wildlife License Reimbursement, shall be used to reimburse the	60102
Wildlife Fund (Fund 015) for the cost of hunting and fishing	60103
licenses and permits issued after June 30, 1990, to individuals	60104
who are exempted under the Revised Code from license, permit, and	60105
stamp fees.	60106

SOIL AND WATER DISTRICTS

60107

In addition to state payments to soil and water conservation	60108
districts authorized by section 1515.10 of the Revised Code, the	60109
Department of Natural Resources may pay to any soil and water	60110
conservation district, from authority in appropriation item	60111
725-502, Soil and Water Districts, an annual amount not to exceed	60112
$30,000, upon receipt of a request and justification from the	60113
district and approval by the Ohio Soil and Water Conservation	60114
Commission. The county auditor shall credit the payments to the	60115
special fund established under section 1515.10 of the Revised Code	60116
for the local soil and water conservation district. Moneys	60117
received by each district shall be expended for the purposes of	60118
the district.	60119

Of the foregoing appropriation item 725-502, Soil and Water	60120
Districts, $150,000 in each fiscal year shall be distributed to	60121
the Muskingum Watershed Conservancy District and $50,000 in each	60122
fiscal year shall be distributed to the Livestock Assurance	60123
Program.	60124

Of the foregoing appropriation 725-502, Soil and Water	60125
Districts, $136,000 shall be earmarked in fiscal year 2002 for	60126
Indian Lake, $56,000 per fiscal year for the Conservation Action	60127
Program, $48,000 in fiscal year 2002 for Millcreek Valley	60128
Conservation District, $40,000 per fiscal year for Wills Creek	60129
Reservoir, $120,000 in fiscal year 2002 for the relocation of	60130
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and	60131
Rush Creek Flood Control project, and $100,000 per fiscal year for	60132
Rush Creek Conservancy District. Of the foregoing appropriation	60133
item 725-502, Soil and Water Districts, $150,000 shall be	60134
earmarked in each fiscal year for the Loramie Lake Project.	60135

DIVISION OF SOIL AND WATER

60136

Of the foregoing appropriation item 737-321, Division of Soil	60137
and Water, $220,000 in each fiscal year shall be distributed to	60138
the Water Quality Laboratory located at Heidelberg College.	60139

CANAL LANDS

60140

The foregoing appropriation item 725-456, Canal Lands, shall	60141
be used to transfer funds to the Canal Lands Fund (Fund 430) to	60142
provide operating expenses for the State Canal Lands Program. The	60143
transfer shall be made using an intrastate transfer voucher and	60144
shall be subject to the approval of the Director of Budget and	60145
Management.	60146

WATERCRAFT MARINE PATROL

60147

Of the foregoing appropriation item 739-401, Division of	60148
Watercraft, not more than $200,000 in each fiscal year shall be	60149
expended for the purchase of equipment for marine patrols	60150
qualifying for funding from the Department of Natural Resources	60151
pursuant to section 1547.67 of the Revised Code. Proposals for	60152
equipment shall accompany the submission of documentation for	60153
receipt of a marine patrol subsidy pursuant to section 1547.67 of	60154
the Revised Code and shall be loaned to eligible marine patrols	60155
pursuant to a cooperative agreement between the Department of	60156
Natural Resources and the eligible marine patrol.	60157

FUND CONSOLIDATION

60158

On July 15, 2001, or as soon thereafter as possible, the	60159
Director of Budget and Management shall transfer the cash balances	60160
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	60161
any amounts that accrue to that fund after that date, to the	60162
Wildlife Education Fund (Fund 015). The Director shall cancel any	60163
remaining outstanding encumbrances against appropriation item	60164
725-612, Wildlife Education, and reestablish them against	60165
appropriation item 740-401, Division of Wildlife Conservation. The	60166
amounts of any encumbrances canceled and reestablished are	60167
appropriated.	60168

On July 15, 2001, or as soon thereafter as possible, the	60169
Director of Budget and Management shall transfer the cash balances	60170
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	60171
30, 2001, and any amounts that accrue to that fund after that	60172
date, to the Waterways Safety Fund (Fund 086). The director shall	60173
cancel any remaining outstanding encumbrances against	60174
appropriation item 725-614, Cooperative Boat Harbor Projects, and	60175
reestablish them against appropriation item 739-401, Division of	60176
Watercraft. The amounts of any encumbrances canceled and	60177
reestablished are hereby appropriated.	60178

On July 15, 2001, or as soon thereafter as possible, the	60179
Director of Budget and Management shall transfer the cash balances	60180
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	60181
and any amounts that accrue to that fund after that date, to the	60182
State Forest Fund (Fund 509). The director shall cancel any	60183
remaining outstanding encumbrances against appropriation item	60184
725-617, Forestry Development Fund, and reestablish them against	60185
appropriation item 725-602, State Forest. The amounts of any	60186
encumbrances canceled and reestablished are appropriated. No	60187
interest shall be credited to Fund 4B8 after June 30, 2001.	60188

On July 15, 2001, or as soon thereafter as possible, the	60189
Director of Budget and Management shall transfer the cash balance	60190
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	60191
the repeal of section 1507.12 of the Revised Code in this act, to	60192
the Burr Oak Regional Water District.	60193

CIVILIAN CONSERVATION CORPS

60194

The Director of Budget and Management, before June 30, 2003,	60195
shall transfer the cash balance of the Civilian Conservation Corps	60196
Operations Fund (Fund 162), and shall transfer any amounts that	60197
accrue to that fund after that date, to the State Parks Operations	60198
Fund (Fund 512). The Director shall cancel any existing	60199
encumbrances against appropriation item 725-625, Civilian	60200
Conservation Corps Operations, and re-establish them against	60201
appropriation item 725-605, State Parks Operations. The amount of	60202
the re-established encumbrances is appropriated. After the cash	60203
balance is transferred, the Civilian Conservation Corps Operations	60204
Fund (Fund 162), which was created by the Controlling Board in	60205
1982, is abolished.	60206

PARKS FACILITIES MAINTENANCE

60207

Notwithstanding section 1541.221 of the Revised Code, the	60208
first $1,100,000 that would be transferred to the Parks Facilities	60209
Maintenance Fund (Fund 161) in fiscal year 2002 shall be retained	60210
by the State Park Fund (Fund 512). The difference between ten per	60211
cent of the receipts from revenue-producing facilities of the	60212
division of parks and recreation and $1,100,000 shall be	60213
transferred to the Parks Facilities Maintenance Fund in fiscal	60214
year 2002.	60215

OIL AND GAS WELL PLUGGING

60216

The foregoing appropriation item 725-677, Oil and Gas Well	60217
Plugging, shall be used exclusively for the purposes of plugging	60218
wells and to properly restore the land surface of idle and orphan	60219
oil and gas wells pursuant to section 1509.071 of the Revised	60220
Code. No funds from the appropriation item shall be used for	60221
salaries, maintenance, equipment, or other administrative	60222
purposes, except for those costs directly attributed to the	60223
plugging of an idle or orphan well. Appropriation authority from	60224
this line item shall not be transferred to any other fund or line	60225
item.	60226

Section 78.  NUR STATE BOARD OF NURSING	60227

General Services Fund Group

60228

NURSING SPECIAL ISSUES

60234

Not later than thirty days after the effective date of this	60235
section, the Director of Budget and Management shall transfer	60236
$5,000 cash from the Occupational Licensing and Regulatory Fund	60237
(Fund 4K9) to the Nursing Special Issues Fund (Fund 5P8).	60238

Not later than July 30, 2002, the Director of Budget and	60239
Management shall transfer $5,000 cash from the Occupational	60240
Licensing and Regulatory Fund (Fund 4K9) to the Nursing Special	60241
Issues Fund (Fund 5P8).	60242

The foregoing appropriation item 884-601, Nursing Special	60243
Issues (Fund 5P8), shall be used to pay the costs the Board of	60244
Nursing incurs in implementing section 4723.062 of the Revised	60245
Code.	60246

Section 79.  PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	60247

AND ATHLETIC TRAINERS BOARD

60248

General Services Fund Group

60249

OPERATING EXPENSES

60254

Notwithstanding Section 74 of Am. H.B. 283 of the 123rd	60255
General Assembly, the findings of the two clinical outcomes	60256
studies required by the Operating Expenses earmark shall be	60257
reported not later than December 31, 2001.	60258

Section 80.  OLA OHIOANA LIBRARY ASSOCIATION

60259

General Revenue Fund

60260

Section 81.  ODB OHIO OPTICAL DISPENSERS BOARD	60265

General Services Fund Group

60266

Section 82.  OPT STATE BOARD OF OPTOMETRY	60272

General Services Fund Group

60273

Section 83.  OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	60278
PEDORTHICS	60279

General Services Fund Group

60280

Section 84.  PBR STATE PERSONNEL BOARD OF REVIEW	60285

General Revenue Fund

60286

General Services Fund Group

60289

TRANSCRIPT AND OTHER

60294

The foregoing appropriation item 124-601, Transcript and	60295
Other, may be used to produce and distribute transcripts and other	60296
documents. Revenues generated by charges for transcripts and	60297
other documents shall be deposited in the Transcripts and Other	60298
Fund (Fund 636).	60299

Section 85.  PRX STATE BOARD OF PHARMACY	60300

General Services Fund Group

60301

PHARMACY BOARD OPERATING FUND

60307

On July 1, 2001, or as soon as possible thereafter, the	60308
Executive Director of the State Board of Pharmacy shall certify	60309
the board's portion of the cash balance in the Occupational	60310
Licensing and Regulatory Fund (Fund 4K9) to the Director of Budget	60311
and Management. The Director of Budget and Management shall	60312
transfer the certified amount from Fund 4K9 to the Pharmacy Board	60313
Operating Fund (Fund 5N2).	60314

The Director of Budget and Management shall cancel any	60315
existing encumbrances against appropriation item 887-609,	60316
Operating Expenses (Fund 4K9), and reestablish them against	60317
appropriation item 887-603, Operating Expenses (Fund 5N2). The	60318
amounts of the reestablished encumbrances are appropriated.	60319

Section 86.  SCR STATE BOARD OF PROPRIETARY SCHOOL	60320

REGISTRATION

60321

General Revenue Fund

60322

Section 87.  PSY STATE BOARD OF PSYCHOLOGY	60329

General Services Fund Group

60330

Section 88.  PUB OHIO PUBLIC DEFENDER COMMISSION	60336

General Revenue Fund

60337

General Services Fund Group

60346

Federal Special Revenue Fund Group

60354

State Special Revenue Fund Group

60360

INDIGENT DEFENSE OFFICE

60367

The foregoing appropriation items 019-404, Trumbull County -	60368
State Share, and 019-610, Trumbull County - County Share, shall be	60369
used to support an indigent defense office for Trumbull County.	60370

MULTI-COUNTY OFFICE

60371

The foregoing appropriation items 019-403, Multi-County:	60372
State Share, and 019-601, Multi-County: County Share, shall be	60373
used to support the Office of the Ohio Public Defender's	60374
Multi-County Branch Office program.	60375

TRAINING ACCOUNT

60376

The foregoing appropriation item 019-405, Training Account,	60377
shall be used by the Ohio Public Defender to provide legal	60378
training programs at no cost for private appointed counsel who	60379
represent at least one indigent defendant at no cost, and for	60380
state and county public defenders and attorneys who contract with	60381
the Ohio Public Defender to provide indigent defense services.	60382

FEDERAL REPRESENTATION

60383

The foregoing appropriation item 019-608, Federal	60384
Representation, shall be used to receive reimbursements from the	60385
federal courts when the Ohio Public Defender provides	60386
representation on federal court cases.	60387

Section 89.  DHS DEPARTMENT OF PUBLIC SAFETY

60388

General Revenue Fund

60389

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

60396

Of the foregoing appropriation item 763-403, Operating	60397
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	60398
the Ohio Task Force One - Urban Search and Rescue Unit and other	60399
urban search and rescue programs around the state to create a	60400
stronger search and rescue capability statewide.	60401

IFG STATE MATCH

60402

The foregoing appropriation item 763-507, Individual and	60403
Family Grants, shall be used to fund the state share of costs to	60404
provide grants to individuals and families in cases of disaster.	60405

Section 90.  PUC PUBLIC UTILITIES COMMISSION OF OHIO	60406

General Services Fund Group

60407

Federal Special Revenue Fund Group

60414

State Special Revenue Fund Group

60420

Agency Fund Group

60433

TEMPORARY CASH TRANSFERS

60437

On July 1, 2001, or as soon as possible thereafter, the	60438
Director of Budget and Management shall transfer $150,000 in cash	60439
from Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund	60440
4S6, Hazardous Materials Registration, to Fund 3V3, Commercial	60441
Vehicle Information Systems/Networks Fund, which is hereby created	60442
in the State Treasury. The Commercial Vehicle Information	60443
Systems/Networks Fund shall receive funding from the United States	60444
Department of Transportation's Commercial Vehicle Intelligent	60445
Transportation System Infrastructure Deployment Program and shall	60446
be used to deploy the Ohio Commercial Vehicle Information Systems	60447
and Networks Project and to expedite and improve safety of motor	60448
carrier operations through electronic exchange of data by means of	60449
on-highway electronic systems.	60450

The Chairman of the Public Utilities Commission shall notify	60451
the Director of Budget and Management when the cash balance in	60452
Fund 3V3 is sufficient for the transfers required under this	60453
heading to be repaid. On or before June 30, 2003, the Director of	60454
Budget and Management shall transfer $150,000 in cash from Fund	60455
3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8,	60456
Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial	60457
Vehicle Information Systems/Networks, to Fund 4S6, Hazardous	60458
Materials Registration.	60459

BIOMASS ENERGY PROGRAM FUND

60460

The Biomass Energy Program Fund created by section 4905.87 of	60461
the Revised Code is the same fund, with a new name, as the	60462
Biofuels/Municipal Waste Technology Fund created by the	60463
Controlling Board in January 1988.	60464

Section 91. PWC PUBLIC WORKS COMMISSION

60465

General Revenue Fund

60466

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

60472

The foregoing appropriation item 150-907, State Capital	60473
Improvements General Obligation Debt Service, shall be used to pay	60474
all debt service and financing costs at the times they are	60475
required to be made pursuant to sections 151.01, 151.08, and	60476
164.10 of the Revised Code during the period from July 1, 2001, to	60477
June 30, 2003. The Office of the Sinking Fund or the Director of	60478
Budget and Management shall effectuate the required payments by an	60479
intrastate transfer voucher.	60480

Section 92.  RAC STATE RACING COMMISSION	60481

State Special Revenue Fund Group

60482

Holding Account Redistribution Fund Group

60490

Section 93.  BOR BOARD OF REGENTS

60496

General Revenue Fund

60497

General Services Fund Group

60565

Federal Special Revenue Fund Group

60570

State Special Revenue Fund Group

60580

Section 93.01.  STATE SHARE OF INSTRUCTION

60589

As soon as practicable during each fiscal year of the	60590
2001-2003 biennium in accordance with instructions of the Board of	60591
Regents, each state-assisted institution of higher education shall	60592
report its actual enrollment to the Board of Regents.	60593

The Board of Regents shall establish procedures required by	60594
the system of formulas set out below and for the assignment of	60595
individual institutions to categories described in the formulas.	60596
The system of formulas establishes the manner in which aggregate	60597
expenditure requirements shall be determined for each of the three	60598
components of institutional operations. In addition to other	60599
adjustments and calculations described below, the subsidy	60600
entitlement of an institution shall be determined by subtracting	60601
from the institution's aggregate expenditure requirements income	60602
to be derived from the local contributions assumed in calculating	60603
the subsidy entitlements. The local contributions for purposes of	60604
determining subsidy support shall not limit the authority of the	60605
individual boards of trustees to establish fee levels.	60606

The General Studies and Technical models shall be adjusted by	60607
the Board of Regents so that the share of state subsidy earned by	60608
those models is not altered by changes in the overall local share.	60609
A lower-division fee differential shall be used to maintain the	60610
relationship that would have occurred between these models and the	60611
baccalaureate models had an assumed share of thirty-seven per cent	60612
been funded.	60613

In defining the number of full-time equivalent (FTE) students	60614
for state subsidy purposes, the Board of Regents shall exclude	60615
all undergraduate students who are not residents of Ohio, except	60616
those charged in-state fees in accordance with reciprocity	60617
agreements made pursuant to section 3333.17 or employer contracts	60618
entered into pursuant to section 3333.32 of the Revised Code.	60619

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

60620

(1) INSTRUCTION AND SUPPORT SERVICES

60621

(2) STUDENT SERVICES

60637

For this purpose, FTE counts shall be weighted to reflect	60638
differences among institutions in the numbers of students enrolled	60639
on a part-time basis.	60640

(B) PLANT OPERATION AND MAINTENANCE (POM)

60656

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

60657

Space undergoing renovation shall be funded at the rate	60658
allowed for storage space.	60659

In the calculation of square footage for each campus, square	60660
footage shall be weighted to reflect differences in space	60661
utilization.	60662

The space inventories for each campus shall be those	60663
determined in the fiscal year 1999 instructional subsidy, adjusted	60664
for changes attributable to the construction or renovation of	60665
facilities for which state appropriations were made or local	60666
commitments were made prior to January 1, 1995.	60667

Only 50 per cent of the space permanently taken out of	60668
operation in fiscal year 2002 or fiscal year 2003 that is not	60669
otherwise replaced by a campus shall be deleted from the fiscal	60670
year 1997 inventory.	60671

The square-foot-based plant operation and maintenance subsidy	60672
for each campus shall be determined as follows:	60673

(a) For each standard room type category shown below, the	60674
subsidy-eligible net assignable square feet (NASF) for each campus	60675
shall be multiplied by the following rates, and the amounts summed	60676
for each campus to determine the total gross square-foot-based POM	60677
expenditure requirement:	60678

(b) The total gross square-foot POM expenditure requirement	60687
shall be allocated to models in proportion to FTE enrollments as	60688
reported in enrollment data for all models except Doctoral I and	60689
Doctoral II.	60690

(c) The amounts allocated to models in division (B)(1)(b) of	60691
this section shall be multiplied by the ratio of subsidy-eligible	60692
FTE students to total FTE students reported in each model, and the	60693
amounts summed for all models. To this total amount shall be	60694
added an amount to support roads and grounds expenditures to	60695
produce the total square-foot-based POM subsidy.	60696

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

60697

(a) The number of subsidy-eligible FTE students in each	60698
model shall be multiplied by the following rates for each campus	60699
for each fiscal year.	60700

(b) The sum of the products for each campus determined in	60716
division (B)(2)(a) of this section for all models except Doctoral	60717
I and Doctoral II for each fiscal year shall be weighted by a	60718
factor to reflect sponsored research activity and job	60719
training-related public services expenditures to determine the	60720
total activity-based POM subsidy.	60721

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

60722

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

60723

The calculation of the core subsidy entitlement shall consist	60724
of the following components:	60725

(a) For each campus and for each fiscal year, the core	60726
subsidy entitlement shall be determined by multiplying the amounts	60727
listed above in divisions (A)(1) and (2) and (B)(2) of this	60728
section less assumed local contributions, by (i) average	60729
subsidy-eligible FTEs for the two-year period ending in the prior	60730
year for all models except Doctoral I and Doctoral II; and (ii)	60731
average subsidy-eligible FTEs for the five-year period ending in	60732
the prior year for all models except Doctoral I and Doctoral II.	60733

(b) In calculating the core subsidy entitlements for Medical	60734
II models only, the Board of Regents shall use the following count	60735
of FTE students in place of the two-year average and five-year	60736
average of subsidy-eligible students:	60737

(i) For those medical schools whose current year enrollment	60738
is below the base enrollment, the Medical II FTE enrollment shall	60739
equal: 65 per cent of the base enrollment plus 35 per cent of the	60740
current year enrollment, where the base enrollment is:	60741

(ii) For those medical schools whose current year enrollment	60748
is equal to or greater than the base enrollment, the Medical II	60749
FTE enrollment shall equal the current enrollment.	60750

(c) For all FTE-based subsidy calculations involving	60751
annualized FTE data, FTE-based allowances shall be converted from	60752
annualized to all-terms rates to ensure equity and consistency of	60753
subsidy determination.	60754

(d) The Board of Regents shall compute the sum of the two	60755
calculations listed in division (C)(1)(a) of this section and use	60756
the greater sum as the core subsidy entitlement.	60757

The POM subsidy for each campus shall equal the greater of	60758
the square-foot-based subsidy or the activity-based POM subsidy	60759
component of the core subsidy entitlement.	60760

(e) The state share of instruction provided for doctoral	60761
students shall be based on a fixed percentage of the total	60762
appropriation. In each fiscal year of the biennium not more than	60763
10.34 per cent of the total state share of instruction shall be	60764
reserved to implement the recommendations of the Graduate Funding	60765
Commission. It is the intent of the General Assembly that the	60766
doctoral reserve be reduced each year thereafter until no more	60767
than 10.0 per cent of the total state share of instruction is	60768
reserved to implement the recommendations of the Graduate Funding	60769
Commission. The Board of Regents shall reallocate 2 per cent in	60770
each fiscal year of the biennium of the reserve among the	60771
state-assisted universities on the basis of a quality review as	60772
specified in the recommendations of the Graduate Funding	60773
Commission.	60774

The amount so reserved shall be allocated to universities in	60775
proportion to their share of the total number of Doctoral I	60776
equivalent FTEs as calculated on an institutional basis using the	60777
greater of the two-year or five-year FTEs for the period fiscal	60778
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	60779
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	60780
adjusted to reflect the effects of doctoral review. For the	60781
purposes of this calculation, Doctoral I equivalent FTEs shall	60782
equal the sum of Doctoral I FTEs plus 1.5 times the sum of	60783
Doctoral II FTEs.	60784

(2) ANNUAL HOLD HARMLESS PROVISION

60785

In addition to and after the other adjustment noted above, in	60786
fiscal year 2002 each campus shall have its state share of	60787
instruction adjusted to the extent necessary to provide an amount	60788
that is not less than 100 per cent of the state share of	60789
instruction received by the campus in fiscal year 2001. In fiscal	60790
year 2003, each campus shall have its state share of instruction	60791
adjusted to the extent necessary to provide an amount that is not	60792
less than 100 per cent of the state share of instruction received	60793
by the campus in fiscal year 2002.	60794

(3) CAPITAL COMPONENT DEDUCTION

60795

After all other adjustments have been made, instructional	60796
subsidy earnings shall be reduced for each campus by the amount,	60797
if any, by which debt service charged in Am. H.B. No. 748 of the	60798
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General	60799
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for	60800
that campus exceeds that campus's capital component earnings.	60801

(D) REDUCTIONS IN EARNINGS

60802

If the total state share of instruction earnings in any	60803
fiscal year exceed the total appropriations available for such	60804
purposes, the Board of Regents shall proportionately reduce the	60805
state share of instruction earnings for all campuses by a uniform	60806
percentage so that the systemwide sum equals available	60807
appropriations.	60808

(E) EXCEPTIONAL CIRCUMSTANCES

60809

Adjustments may be made to the state share of instruction	60810
payments and other subsidies distributed by the Board of Regents	60811
to state-assisted colleges and universities for exceptional	60812
circumstances. No adjustments for exceptional circumstances may	60813
be made without the recommendation of the Chancellor and the	60814
approval of the Controlling Board.	60815

DISTRIBUTION OF STATE SHARE OF INSTRUCTION

60816

The state share of instruction payments to the institutions	60817
shall be in substantially equal monthly amounts during the fiscal	60818
year, unless otherwise determined by the Director of Budget and	60819
Management pursuant to section 126.09 of the Revised Code.	60820
Payments during the first six months of the fiscal year shall be	60821
based upon the state share of instruction appropriation estimates	60822
made for the various institutions of higher education according to	60823
Board of Regents enrollment estimates. Payments during the last	60824
six months of the fiscal year shall be distributed after approval	60825
of the Controlling Board upon the request of the Board of	60826
Regents.	60827

LAW SCHOOL SUBSIDY

60828

The state share of instruction to state-supported	60829
universities for students enrolled in law schools in fiscal year	60830
2002 and fiscal year 2003 shall be calculated by using the number	60831
of subsidy-eligible FTE law school students funded by state	60832
subsidy in fiscal year 1995 or the actual number of	60833
subsidy-eligible FTE law school students at the institution in the	60834
fiscal year, whichever is less.	60835

Section 93.02. MISSION-BASED CORE FUNDING FOR HIGHER	60836
EDUCATION	60837

JOBS CHALLENGE

60838

Funds appropriated to appropriation item 235-415, Jobs	60839
Challenge, shall be distributed to state-assisted community and	60840
technical colleges, regional campuses of state-assisted	60841
universities, and other organizationally distinct and identifiable	60842
member campuses of the EnterpriseOhio Network in support of	60843
noncredit job-related training. In fiscal years 2002 and 2003,	60844
$2,114,673 and $1,981,841, respectively, shall be distributed as	60845
performance grants to EnterpriseOhio Network campuses based upon	60846
each campus's documented performance according to criteria	60847
established by the Board of Regents for increasing training and	60848
related services to businesses, industries, and public sector	60849
organizations.	60850

Of the foregoing appropriation item 235-415, Jobs Challenge,	60851
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003	60852
shall be allocated to the Targeted Industries Training Grant	60853
Program to attract, develop, and retain business and industry	60854
strategically important to the state's economy.	60855

Also, in fiscal years 2002 and 2003, $2,991,513 and	60856
$3,629,797, respectively, shall be allocated to the Non-credit	60857
Incentives Grant Program to reward two-year campuses for	60858
increasing the amount of non-credit skill upgrading services	60859
provided to Ohio employers and employees. The funds shall be	60860
distributed to campuses in proportion to each campus's share of	60861
noncredit job-related training revenues received by all campuses	60862
for the previous fiscal year. It is the intent of the General	60863
Assembly that this workforce development incentive component of	60864
the Jobs Challenge Program reward campus noncredit job-related	60865
training efforts in the same manner that the Research Challenge	60866
Program rewards campuses for their ability to obtain sponsored	60867
research revenues.	60868

Of the foregoing appropriation item 235-415, Jobs Challenge,	60869
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003	60870
shall be allocated as an incentive to support local EnterpriseOhio	60871
Network Campus/Adult Workforce Education Center Partnerships. The	60872
purpose of the partnerships is to promote and deliver coordinated,	60873
comprehensive training to local employers. Each partnership shall	60874
include a formal agreement between one or more EnterpriseOhio	60875
Network campus and one or more adult workforce education center	60876
for the delivery of training services. The Department of	60877
Education and Board of Regents shall jointly award funds to	60878
certified EnterpriseOhio campus/adult workforce education center	60879
partnerships to offer training grants to eligible companies. A	60880
certified EnterpriseOhio Network/adult workforce education center	60881
partnership is one that has been documented and approved by the	60882
Board of Regents and the Department of Education according to	60883
partnership criteria established jointly by those agencies. An	60884
eligible company is one that meets the funding criteria of the	60885
Targeted Industries Training Grant Program. The amount set aside	60886
for the partnerships is designed to match an equal appropriation	60887
in the Department of Education's appropriation item 200-514,	60888
Post-Secondary/Adult Career-Technical Education. The Department	60889
of Education's appropriation also serves as a partnership-building	60890
incentive by allocating funds to local EnterpriseOhio Network	60891
campus/adult workforce education center partnerships.	60892

ACCESS CHALLENGE

60893

In each fiscal year, the foregoing appropriation item	60894
235-418, Access Challenge, shall be distributed to Ohio's	60895
state-assisted access colleges and universities. For the	60896
purposes of this allocation, "access campuses" includes	60897
state-assisted community colleges, state community colleges,	60898
technical colleges, Shawnee State University, Central State	60899
University, Cleveland State University, the regional campuses of	60900
state-assisted universities, and, where they are organizationally	60901
distinct and identifiable, the community-technical colleges	60902
located at the University of Cincinnati, Youngstown State	60903
University, and the University of Akron.	60904

In each year of the biennium, Access Challenge appropriations	60905
shall be allocated to eligible campuses according to the following	60906
methodology:	60907

(A) Each campus shall receive an amount equal to four per	60908
cent of the product of its subsidy-eligible lower-division FTE	60909
student enrollments for the prior fiscal year multiplied by the	60910
unweighted average of in-state undergraduate instructional and	60911
general fees for community colleges, state community colleges,	60912
technical colleges, and regional campuses in fiscal year 2001.	60913

(B) All remaining appropriations shall be allocated to each	60914
campus proportionate to its share of the sum of FTEs used in the	60915
distribution of access funds in the prior fiscal year updated with	60916
the most recent FTE data available.	60917

For the purposes of this calculation, Cleveland State	60918
University's and Youngstown State University's enrollments shall	60919
be adjusted by the ratio of the sum of subsidy-eligible	60920
lower-division FTE student enrollments eligible for access funding	60921
to the sum of subsidy-eligible General Studies FTE student	60922
enrollments at Central State University and Shawnee State	60923
University, and for the following universities and their regional	60924
campuses: Ohio State University, Ohio University, Kent State	60925
University, Bowling Green State University, Miami University, the	60926
University of Cincinnati, the University of Akron, and Wright	60927
State University.	60928

SUCCESS CHALLENGE

60929

The foregoing appropriation item 235-420, Success Challenge,	60930
shall be used by the Board of Regents to promote degree	60931
completion by students enrolled at a main campus of a	60932
state-assisted university.	60933

In each fiscal year, two-thirds of the appropriations shall	60934
be distributed to state-assisted university main campuses in	60935
proportion to each campus's share of the total statewide	60936
bachelor's degrees granted by university main campuses to	60937
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk"	60938
student means any undergraduate student who has received an Ohio	60939
Instructional Grant during the past ten years. An eligible	60940
institution shall not receive its share of this distribution until	60941
it has submitted a plan that addresses how the subsidy will be	60942
used to better serve at-risk students and increase their	60943
likelihood of successful completion of a bachelor's degree	60944
program. The Board of Regents shall disseminate to all	60945
state-supported institutions of higher education all such plans	60946
submitted by institutions that received Success Challenge funds.	60947

In each fiscal year, one-third of the appropriations shall be	60948
distributed to university main campuses in proportion to each	60949
campus's share of the total bachelor's degrees granted by	60950
university main campuses to undergraduate students who completed	60951
their bachelor's degrees in a "timely manner" in the previous	60952
fiscal year. For the purposes of this section, "timely manner"	60953
means the normal time it would take for a full-time degree-seeking	60954
undergraduate student to complete the student's degree. Generally,	60955
for such students pursuing a bachelor's degree, "timely manner"	60956
means four years. Exceptions to this general rule shall be	60957
permitted for students enrolled in programs specifically designed	60958
to be completed in a longer time period. The Board of Regents	60959
shall collect base-line data beginning with the 1998-99 academic	60960
year to assess the timely completion statistics by university main	60961
campuses.	60962

RESEARCH CHALLENGE

60963

The foregoing appropriation item 235-454, Research Challenge,	60964
shall be used to enhance the basic research capabilities of public	60965
colleges and universities and accredited Ohio institutions of	60966
higher education holding certificates of authorization issued	60967
pursuant to section 1713.02 of the Revised Code, in order to	60968
strengthen academic research for pursuing Ohio's economic	60969
redevelopment goals. The Board of Regents, in consultation with	60970
the colleges and universities, shall administer the Research	60971
Challenge Program and utilize a means of matching, on a fractional	60972
basis, external funds attracted in the previous year by	60973
institutions for basic research. The program may include	60974
incentives for increasing the amount of external research funds	60975
coming to eligible institutions and for focusing research efforts	60976
upon critical state needs. Colleges and universities shall submit	60977
for review and approval to the Board of Regents plans for the	60978
institutional allocation of state dollars received through the	60979
program. The institutional plans shall provide the rationale for	60980
the allocation in terms of the strategic targeting of funds for	60981
academic and state purposes, for strengthening research programs,	60982
and for increasing the amount of external research funds, and	60983
shall include an evaluation process to provide results of the	60984
increased support.	60985

The Board of Regents shall submit a biennial report of	60986
progress to the General Assembly.	60987

COMPUTER SCIENCE GRADUATE EDUCATION

60988

The foregoing appropriation item 235-554, Computer Science	60989
Graduate Education, shall be used by the Board of Regents to	60990
support improvements in graduate programs in computer science at	60991
state-assisted universities. In each fiscal year, up to $200,000	60992
may be used to support collaborative efforts in graduate education	60993
in this program area.	60994

Section 93.03.  HIGHER EDUCATION - BOARD OF TRUSTEES

60995

Funds appropriated for instructional subsidies at colleges	60996
and universities may be used to provide such branch or other	60997
off-campus undergraduate courses of study and such master's degree	60998
courses of study as may be approved by the Board of Regents.	60999

In providing instructional and other services to students,	61000
boards of trustees of state-assisted institutions of higher	61001
education shall supplement state subsidies by income from charges	61002
to students. Each board shall establish the fees to be charged to	61003
all students, including an instructional fee for educational and	61004
associated operational support of the institution and a general	61005
fee for noninstructional services, including locally financed	61006
student services facilities used for the benefit of enrolled	61007
students. The instructional fee and the general fee shall	61008
encompass all charges for services assessed uniformly to all	61009
enrolled students. Each board may also establish special purpose	61010
fees, service charges, and fines as required; such special purpose	61011
fees and service charges shall be for services or benefits	61012
furnished individual students or specific categories of students	61013
and shall not be applied uniformly to all enrolled students. A	61014
tuition surcharge shall be paid by all students who are not	61015
residents of Ohio.	61016

The board of trustees of a state-assisted institution of	61017
higher education shall not authorize a waiver or nonpayment of	61018
instructional fees or general fees for any particular student or	61019
any class of students other than waivers specifically authorized	61020
by law or approved by the Chancellor. This prohibition is not	61021
intended to limit the authority of boards of trustees to provide	61022
for payments to students for services rendered the institution,	61023
nor to prohibit the budgeting of income for staff benefits or for	61024
student assistance in the form of payment of such instructional	61025
and general fees.	61026

Each state-assisted institution of higher education in its	61027
statement of charges to students shall separately identify the	61028
instructional fee, the general fee, the tuition charge, and the	61029
tuition surcharge. Fee charges to students for instruction shall	61030
not be considered to be a price of service but shall be considered	61031
to be an integral part of the state government financing program	61032
in support of higher educational opportunity for students.	61033

In providing the appropriations in support of instructional	61034
services at state-assisted institutions of higher education and	61035
the appropriations for other instruction it is the intent of the	61036
General Assembly that faculty members shall devote a proper and	61037
judicious part of their work week to the actual instruction of	61038
students. Total class credit hours of production per quarter per	61039
full-time faculty member is expected to meet the standards set	61040
forth in the budget data submitted by the Board of Regents.	61041

The authority of government vested by law in the boards of	61042
trustees of state-assisted institutions of higher education shall	61043
in fact be exercised by those boards. Boards of trustees may	61044
consult extensively with appropriate student and faculty groups.	61045
Administrative decisions about the utilization of available	61046
resources, about organizational structure, about disciplinary	61047
procedure, about the operation and staffing of all auxiliary	61048
facilities, and about administrative personnel shall be the	61049
exclusive prerogative of boards of trustees. Any delegation of	61050
authority by a board of trustees in other areas of responsibility	61051
shall be accompanied by appropriate standards of guidance	61052
concerning expected objectives in the exercise of such delegated	61053
authority and shall be accompanied by periodic review of the	61054
exercise of this delegated authority to the end that the public	61055
interest, in contrast to any institutional or special interest,	61056
shall be served.	61057

Section 93.04.  MEDICAL SCHOOL SUBSIDIES

61058

The foregoing appropriation item 235-515, Case Western	61059
Reserve University School of Medicine, shall be disbursed to Case	61060
Western Reserve University through the Board of Regents in	61061
accordance with agreements entered into as provided for by section	61062
3333.10 of the Revised Code, provided that the state support per	61063
full-time medical student shall not exceed that provided to	61064
full-time medical students at state universities.	61065

The foregoing appropriation items 235-536, Ohio State	61066
University Clinical Teaching; 235-537, University of Cincinnati	61067
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	61068
Clinical Teaching; 235-539, Wright State University Clinical	61069
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	61070
Northeastern Ohio Universities College of Medicine Clinical	61071
Teaching, shall be distributed through the Board of Regents.	61072

The foregoing appropriation item 235-572, Ohio State	61073
University Clinic Support, shall be distributed through the Board	61074
of Regents to The Ohio State University for support of dental and	61075
veterinary medicine clinics.	61076

The Board of Regents shall develop plans consistent with	61077
existing criteria and guidelines as may be required for the	61078
distribution of appropriation items 235-519, Family Practice,	61079
235-525, Geriatric Medicine, and 235-526, Primary Care	61080
Residencies.	61081

Of the foregoing appropriation item 235-539, Wright State	61082
University Clinical Teaching, $160,000 in each fiscal year shall	61083
be for the use of Wright State University's Ellis Institute for	61084
Clinical Teaching Studies to operate the clinical facility to	61085
serve the Greater Dayton area.	61086

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

61087

The Board of Regents, in consultation with the	61088
state-assisted medical colleges, shall develop performance	61089
standards for medical education. Special emphasis in the	61090
standards shall be placed on attempting to ensure that at least 50	61091
per cent of the aggregate number of students enrolled in	61092
state-assisted medical colleges continue to enter residency as	61093
primary care physicians. Primary care physicians are general	61094
family practice physicians, general internal medicine	61095
practitioners, and general pediatric care physicians. The Board	61096
of Regents shall monitor medical school performance in relation	61097
to their plans for reaching the 50 per cent systemwide standard	61098
for primary care physicians.	61099

The foregoing appropriation item 235-526, Primary Care	61100
Residencies, shall be distributed in each fiscal year of the	61101
biennium, based on whether the institution has submitted and	61102
gained approval for a plan. If the institution does not have an	61103
approved plan, it shall receive five per cent less funding per	61104
student than it would have received from its annual allocation.	61105
The remaining funding shall be distributed among those	61106
institutions that meet or exceed their targets.	61107

AREA HEALTH EDUCATION CENTERS

61108

The foregoing appropriation item 235-474, Area Health	61109
Education Centers Program Support, shall be used by the Board of	61110
Regents to support the medical school regional area health	61111
education centers' educational programs for the continued support	61112
of medical and other health professions education and for support	61113
of the Area Health Education Center Program.	61114

Of the foregoing appropriation item 235-474, Area Health	61115
Education Centers Program Support, $200,000 in each fiscal year	61116
shall be disbursed to the Ohio University College of Osteopathic	61117
Medicine for the establishment of a mobile health care unit to	61118
serve the southeastern area of the state. Of the foregoing	61119
appropriation item 235-474, Area Health Education Centers Program	61120
Support, $150,000 in each fiscal year shall be used to support the	61121
Ohio Valley Community Health Information Network (OVCHIN) project.	61122

Section 93.05. MIDWEST HIGHER EDUCATION COMPACT	61123

The foregoing appropriation item 235-408, Midwest Higher	61124
Education Compact, shall be distributed by the Board of Regents	61125
pursuant to section 3333.40 of the Revised Code.	61126

COLLEGE READINESS INITIATIVES

61127

Appropriation item 235-404, College Readiness Initiatives,	61128
shall be used by the Board of Regents to support programs	61129
designed to improve the ability of high school students to enroll	61130
and succeed in higher education.	61131

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

61132

Appropriation item 235-403, Math/Science Teaching	61133
Improvement, shall be used by the Board of Regents to support	61134
programs designed to raise the quality of mathematics and science	61135
teaching in primary and secondary education.	61136

Of the foregoing appropriation item 235-403, Mathematics and	61137
Science Teaching Improvement, $250,000 in each fiscal year shall	61138
be distributed to the Mathematics and Science Center in Lake	61139
County.	61140

Of the foregoing appropriation item 235-403, Mathematics and	61141
Science Teaching Improvement, $100,000 in each fiscal year shall	61142
be distributed to the Ohio Mathematics and Science Coalition.	61143

OHIO LEARNING NETWORK

61144

Appropriation item 235-417, Ohio Learning Network, shall be	61145
used by the Board of Regents to support the continued	61146
implementation of the Ohio Learning Network, a statewide	61147
electronic collaborative effort designed to promote degree	61148
completion of students, workforce training of employees, and	61149
professional development through the use of advanced	61150
telecommunications and distance education initiatives.	61151

DISPLACED HOMEMAKERS

61152

Out of the foregoing appropriation item 235-509, Displaced	61153
Homemakers, the Board of Regents shall continue funding pilot	61154
projects authorized in Am. Sub. H.B. No. 291 of the 115th General	61155
Assembly for the following centers: Cuyahoga Community College,	61156
University of Toledo, Southern State Community College, and Stark	61157
Technical College. The amount of $30,000 in each fiscal year	61158
shall be used for the Baldwin-Wallace Single Parents Reaching Out	61159
for Unassisted Tomorrows program.	61160

OHIO AEROSPACE INSTITUTE

61161

The foregoing appropriation item 235-527, Ohio Aerospace	61162
Institute, shall be distributed by the Board of Regents under	61163
section 3333.042 of the Revised Code.	61164

PRODUCTIVITY IMPROVEMENT CHALLENGE

61165

The foregoing appropriation item 235-455, Productivity	61166
Improvement Challenge, shall be allocated by the Board of Regents	61167
to continue increasing the capabilities of the EnterpriseOhio	61168
Network to meet the ongoing training needs of Ohio employers.	61169
Funds shall support multicampus collaboration, best practice	61170
dissemination, and capacity building projects. The Regents	61171
Advisory Committee for Workforce Development, in its advisory	61172
role, shall advise in the development of plans and activities.	61173

Of the foregoing appropriation item 235-455, Productivity	61174
Improvement Challenge, $208,000 in each fiscal year shall be used	61175
by the Dayton Business/Sinclair College Jobs Profiling Program.	61176

ACCESS IMPROVEMENT PROJECTS

61177

The foregoing appropriation item 235-477, Access Improvement	61178
Projects, shall be used by the Board of Regents to develop	61179
innovative statewide strategies to increase student access and	61180
retention for specialized populations, and to provide for pilot	61181
projects that will contribute to improving access to higher	61182
education by specialized populations. The funds may be used for	61183
projects that improve access for nonpublic secondary students.	61184

Of the foregoing appropriation item 235-477, Access	61185
Improvement Projects, $765,000 in each fiscal year shall be	61186
distributed to the Appalachian Center for Higher Education at	61187
Shawnee State University. The board of directors of the center	61188
shall consist of the presidents of Shawnee State University, Ohio	61189
University, Belmont Technical College, Hocking Technical College,	61190
Jefferson Community College, Muskingum Area Technical College, Rio	61191
Grande Community College, Southern State Community College, and	61192
Washington State Community College; the dean of one of the Salem,	61193
Tuscarawas, and East Liverpool regional campuses of Kent State	61194
University, as designated by the president of Kent State	61195
University; a representative of the Board of Regents designated	61196
by the Chancellor; and other members as may be determined by the	61197
Board of Regents.	61198

Of the foregoing appropriation item 235-477, Access	61199
Improvement Projects, $50,000 in fiscal year 2002 shall be	61200
distributed to the University of Rio Grande Site Improvement	61201
Planning project.	61202

Of the foregoing appropriation item 235-477, Access	61203
Improvement Projects, $135,000 in fiscal year 2002 shall be used	61204
to support the Access Appalachia Project.	61205

OHIO SUPERCOMPUTER CENTER

61206

The foregoing appropriation item 235-510, Ohio Supercomputer	61207
Center, shall be used by the Board of Regents to support the	61208
operation of the center, located at The Ohio State University, as	61209
a statewide resource available to Ohio research universities both	61210
public and private. It is also intended that the center be made	61211
accessible to private industry as appropriate. Policies of the	61212
center shall be established by a governance committee,	61213
representative of Ohio's research universities and private	61214
industry, to be appointed by the Chancellor of the Board of	61215
Regents and established for this purpose.	61216

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

61217

The foregoing appropriation item 235-556, Ohio Academic	61218
Resources Network, shall be used to support the operations of the	61219
Ohio Academic Resources Network, which shall include support for	61220
Ohio's state-assisted colleges and universities in maintaining and	61221
enhancing network connections.	61222

Section 93.06. PLEDGE OF FEES*

61223

Any new pledge of fees, or new agreement for adjustment of	61224
fees, made in the 2001-2003 biennium to secure bonds or notes of a	61225
state-assisted institution of higher education for a project for	61226
which bonds or notes were not outstanding on the effective date of	61227
this section shall be effective only after approval by the Board	61228
of Regents, unless approved in a previous biennium.	61229

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

61230

The foregoing appropriation item 235-909, Higher Education	61231
General Obligation Debt Service, shall be used to pay all debt	61232
service and financing costs at the times they are required to be	61233
made pursuant to sections 151.01 and 151.04 of the Revised Code	61234
during the period from July 1, 2001, to June 30, 2003. The Office	61235
of the Sinking Fund or the Director of Budget and Management shall	61236
effectuate the required payments by an interstate transfer	61237
voucher.	61238

LEASE RENTAL PAYMENTS

61239

The foregoing appropriation item 235-401, Lease Rental	61240
Payments, shall be used to meet all payments at the times they are	61241
required to be made during the period from July 1, 2001, to June	61242
30, 2003, by the Board of Regents pursuant to leases and	61243
agreements made under section 154.21 of the Revised Code, but	61244
limited to the aggregate amount of $563,969,000. Nothing in this	61245
act shall be deemed to contravene the obligation of the state to	61246
pay, without necessity for further appropriation, from the sources	61247
pledged thereto, the bond service charges on obligations issued	61248
pursuant to section 154.21 of the Revised Code.	61249

Section 93.07. OHIO INSTRUCTIONAL GRANTS

61250

Notwithstanding section 3333.12 of the Revised Code, in lieu	61251
of the tables in that section, instructional grants for all	61252
full-time students shall be made for fiscal year 2002 using the	61253
tables under this heading.	61254

The tables under this heading prescribe the maximum grant	61255
amounts covering two semesters, three quarters, or a comparable	61256
portion of one academic year. The grant amount for a full-time	61257
student enrolled in an eligible institution for a semester or	61258
quarter in addition to the portion of the academic year covered by	61259
a grant determined under these tables shall be a percentage of the	61260
maximum prescribed in the applicable table. The maximum grant for	61261
a fourth quarter shall be one-third of the maximum amount	61262
prescribed under the table. The maximum grant for a third semester	61263
shall be one-half of the maximum amount prescribed under the	61264
table.	61265

For a full-time student who is a dependent and enrolled in a	61266
nonprofit educational institution that is not a state-assisted	61267
institution and that has a certificate of authorization issued	61268
pursuant to Chapter 1713. of the Revised Code, the amount of the	61269
instructional grant for two semesters, three quarters, or a	61270
comparable portion of the academic year shall be determined in	61271
accordance with the following table:	61272

Private Institution

61273

Table of Grants

61274

For a full-time student who is financially independent and	61295
enrolled in a nonprofit educational institution that is not a	61296
state-assisted institution and that has a certificate of	61297
authorization issued pursuant to Chapter 1713. of the Revised	61298
Code, the amount of the instructional grant for two semesters,	61299
three quarters, or a comparable portion of the academic year shall	61300
be determined in accordance with the following table:	61301

Private Institution

61302

Table of Grants

61303

For a full-time student who is a dependent and enrolled in an	61325
educational institution that holds a certificate of registration	61326
from the state board of proprietary school registration, the	61327
amount of the instructional grant for two semesters, three	61328
quarters, or a comparable portion of the academic year shall be	61329
determined in accordance with the following table:	61330

Proprietary Institution

61331

Table of Grants

61332

For a full-time student who is financially independent and	61353
enrolled in an educational institution that holds a certificate of	61354
registration from the state board of proprietary school	61355
registration, the amount of the instructional grant for two	61356
semesters, three quarters, or a comparable portion of the academic	61357
year shall be determined in accordance with the following table:	61358

Proprietary Institution

61359

Table of Grants

61360

For a full-time student who is a dependent and enrolled in a	61382
state-assisted educational institution, the amount of the	61383
instructional grant for two semesters, three quarters, or a	61384
comparable portion of the academic year shall be determined in	61385
accordance with the following table:	61386

Public Institution

61387

Table of Grants

61388

For a full-time student who is financially independent and	61409
enrolled in a state-assisted educational institution, the amount	61410
of the instructional grant for two semesters, three quarters, or a	61411
comparable portion of the academic year shall be determined in	61412
accordance with the following table:	61413

Public Institution

61414

Table of Grants

61415

The foregoing appropriation item 235-503, Ohio Instructional	61437
Grants, shall be used to make the payments authorized by division	61438
(C) of section 3333.26 of the Revised Code to the institutions	61439
described in that division. In addition, this appropriation shall	61440
be used to reimburse the institutions described in division (B) of	61441
section 3333.26 of the Revised Code for the cost of the waivers	61442
required by that division.	61443

Of the appropriation item 235-503, Ohio Instructional Grants,	61444
surplus funds net of encumbrances from the appropriation for	61445
fiscal year 2002 shall be reappropriated to appropriation item	61446
235-534, Student Workforce Development Grants, for fiscal year	61447
2003.	61448

WAR ORPHANS SCHOLARSHIPS

61449

The foregoing appropriation item 235-504, War Orphans	61450
Scholarships, shall be used to reimburse state-assisted	61451
institutions of higher education for waivers of instructional fees	61452
and general fees provided by them, to provide grants to	61453
institutions that have received a certificate of authorization	61454
from the Ohio Board of Regents under Chapter 1713. of the Revised	61455
Code, in accordance with the provisions of section 5910.04 of the	61456
Revised Code, and to fund additional scholarship benefits provided	61457
by section 5910.032 of the Revised Code.	61458

PART-TIME STUDENT INSTRUCTIONAL GRANTS

61459

The foregoing appropriation item 235-549, Part-time Student	61460
Instructional Grants, shall be used to support a grant program for	61461
part-time undergraduate students who are Ohio residents and who	61462
are enrolled in degree granting programs.	61463

Eligibility for participation in the program shall include	61464
degree granting educational institutions that hold a certificate	61465
of registration from the State Board of Proprietary School	61466
Registration, and nonprofit institutions that have a certificate	61467
of authorization issued pursuant to Chapter 1713. of the Revised	61468
Code, as well as state-assisted colleges and universities. Grants	61469
shall be given to students on the basis of need, as determined by	61470
the college, which, in making these determinations, shall give	61471
special consideration to single-parent heads-of-household and	61472
displaced homemakers who enroll in an educational degree program	61473
that prepares the individual for a career. In determining need,	61474
the college also shall consider the availability of educational	61475
assistance from a student's employer. It is the intent of the	61476
General Assembly that these grants not supplant such assistance.	61477

Section 93.08. STUDENT CHOICE GRANTS

61478

The foregoing appropriation item 235-531, Student Choice	61479
Grants, shall be used to support the Student Choice Grant Program	61480
created by section 3333.27 of the Revised Code.	61481

STUDENT WORKFORCE DEVELOPMENT GRANTS

61482

The foregoing appropriation item 235-534, Student Workforce	61483
Development Grants, shall be used to support the Student Workforce	61484
Development Grant Program. Of the appropriated funds available,	61485
the Board of Regents shall distribute grants to each eligible	61486
student in an academic year. The size of each grant award shall	61487
be determined by the Board of Regents based on the amount of funds	61488
available for the program.	61489

ACADEMIC SCHOLARSHIPS

61490

The foregoing appropriation item 235-530, Academic	61491
Scholarships, shall be used to provide academic scholarships to	61492
students under section 3333.22 of the Revised Code. The annual	61493
scholarship amount awarded to any student who receives a	61494
scholarship for the 2001-2002 academic year shall be $2,100, and	61495
the annual scholarship amount awarded to any student who receives	61496
a scholarship for the 2002-2003 academic year shall be $2,205.	61497

PHYSICIAN LOAN REPAYMENT

61498

The foregoing appropriation item 235-604, Physician Loan	61499
Repayment, shall be used in accordance with sections 3702.71 to	61500
3702.81 of the Revised Code.	61501

NURSING LOAN PROGRAM

61502

The foregoing appropriation item 235-606, Nursing Loan	61503
Program, shall be used to administer the nurse education	61504
assistance program. Up to $159,600 in fiscal year 2002 and	61505
$167,580 in fiscal year 2003 may be used for operating expenses	61506
associated with the program. Any additional funds needed for the	61507
administration of the program are subject to Controlling Board	61508
approval.	61509

Section 93.09. COOPERATIVE EXTENSION SERVICE	61510

Of the foregoing appropriation item 235-511, Cooperative	61511
Extension Service, $210,000 in each fiscal year shall be used for	61512
additional staffing for county agents for expanded 4-H activities.	61513
Of the foregoing appropriation item 235-511, Cooperative Extension	61514
Service, $210,000 in each fiscal year shall be used by the	61515
Cooperative Extension Service, through the Enterprise Center for	61516
Economic Development in cooperation with other agencies, for a	61517
public-private effort to create and operate a small business	61518
economic development program to enhance the development of	61519
alternatives to the growing of tobacco, and implement, through	61520
applied research and demonstration, the production and marketing	61521
of other high-value crops and value-added products. Of the	61522
foregoing appropriation item 235-511, Cooperative Extension	61523
Service, $65,000 in each fiscal year shall be used for farm labor	61524
mediation and education programs. Of the foregoing appropriation	61525
item 235-511, Cooperative Extension Service, $215,000 in each	61526
fiscal year shall be used to support the Ohio State University	61527
Marion Enterprise Center.	61528

Of the foregoing appropriation item 235-511, Cooperative	61529
Extension Service, $910,500 in each fiscal year shall be used to	61530
support the Ohio Watersheds Initiative.	61531

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

61532

Of the foregoing appropriation item 235-535, Ohio	61533
Agricultural Research and Development Center, $950,000 in each	61534
fiscal year shall be distributed to the Piketon Agricultural	61535
Research and Extension Center.	61536

Of the foregoing appropriation item 235-535, Ohio	61537
Agricultural Research and Development Center, $250,000 in each	61538
fiscal year shall be distributed to the	61539
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	61540
State University Medical College in cooperation with the Ohio	61541
State University College of Agriculture.	61542

Of the foregoing appropriation item 235-535, Ohio	61543
Agricultural Research and Development Center, $50,000 in each	61544
fiscal year shall be used to support the Ohio Berry Administrator.	61545

Of the foregoing appropriation item 235-535, Ohio	61546
Agricultural Research and Development Center, $100,000 in each	61547
fiscal year shall be used for the development of agricultural	61548
crops and products not currently in widespread production in Ohio,	61549
in order to increase the income and viability of family farmers.	61550

COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH	61551
AND DEVELOPMENT CENTER	61552

The foregoing appropriation items 235-511, Cooperative	61553
Extension Service, and 235-535, Ohio Agricultural Research and	61554
Development Center, shall be disbursed through the Board of	61555
Regents to The Ohio State University in monthly payments, unless	61556
otherwise determined by the Director of Budget and Management	61557
pursuant to section 126.09 of the Revised Code. Of the foregoing	61558
appropriation item 235-535, Ohio Agricultural Research and	61559
Development Center, $540,000 in each fiscal year shall be used to	61560
purchase equipment.	61561

The Ohio Agricultural Research and Development Center shall	61562
not be required to remit payment to The Ohio State University	61563
during the 2001-2003 biennium for cost reallocation assessments.	61564
The cost reallocation assessments include, but are not limited to,	61565
any assessment on state appropriations to the center.	61566

Section 93.10.  SEA GRANTS

61567

The foregoing appropriation item 235-402, Sea Grants, shall	61568
be disbursed to The Ohio State University and shall be used to	61569
conduct research on fish in Lake Erie.	61570

INFORMATION SYSTEM

61571

The foregoing appropriation item 235-409, Information System,	61572
shall be used by the Board of Regents to operate the higher	61573
education information data system known as the Higher Education	61574
Information System.	61575

STUDENT SUPPORT SERVICES

61576

The foregoing appropriation item 235-502, Student Support	61577
Services, shall be distributed by the Board of Regents to Ohio's	61578
state-assisted colleges and universities that incur	61579
disproportionate costs in the provision of support services to	61580
disabled students.	61581

CENTRAL STATE SUPPLEMENT

61582

The foregoing appropriation item 235-514, Central State	61583
Supplement, shall be used by Central State University to keep	61584
undergraduate fees below the statewide average, consistent with	61585
its mission of service to many first-generation college students	61586
from groups historically underrepresented in higher education and	61587
from families with limited incomes.	61588

SHAWNEE STATE SUPPLEMENT

61589

The foregoing appropriation item 235-520, Shawnee State	61590
Supplement, shall be used by Shawnee State University as detailed	61591
by both of the following:	61592

(A) To allow Shawnee State University to keep its	61593
undergraduate fees below the statewide average, consistent with	61594
its mission of service to an economically depressed Appalachian	61595
region;	61596

(B) To allow Shawnee State University to employ new faculty	61597
to develop and teach in new degree programs that meet the needs of	61598
Appalachians.	61599

POLICE AND FIRE PROTECTION

61600

The foregoing appropriation item 235-524, Police and Fire	61601
Protection, shall be used for police and fire services in the	61602
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	61603
Portsmouth, Xenia Township (Greene County), and Rootstown	61604
Township, which may be used to assist these local governments in	61605
providing police and fire protection for the central campus of the	61606
state-affiliated university located therein. Each participating	61607
municipality and township shall receive at least five thousand	61608
dollars per year. Funds shall be distributed by the Board of	61609
Regents.	61610

SCHOOL OF INTERNATIONAL BUSINESS

61611

Of the foregoing appropriation item 235-547, School of	61612
International Business, $1,218,764 in each fiscal year shall be	61613
used for the continued development and support of the School of	61614
International Business of the state universities of northeast	61615
Ohio. The money shall go to the University of Akron. These funds	61616
shall be used by the university to establish a School of	61617
International Business located at the University of Akron. It may	61618
confer with Kent State University, Youngstown State University,	61619
and Cleveland State University as to the curriculum and other	61620
matters regarding the school.	61621

Of the foregoing appropriation item 235-547, School of	61622
International Business, $245,000 in each fiscal year shall be used	61623
by the University of Toledo College of Business for expansion of	61624
its international business programs.	61625

Of the foregoing appropriation item 235-547, School of	61626
International Business, $245,000 in each fiscal year shall be used	61627
by to support the Ohio State University BioMEMS program.	61628

CAPITAL COMPONENT

61629

The foregoing appropriation item 235-552, Capital Component,	61630
shall be used by the Board of Regents to implement the capital	61631
funding policy for state-assisted colleges and universities	61632
established in Am. H.B. No. 748 of the 121st General Assembly.	61633
Appropriations from this item shall be distributed to all campuses	61634
for which the estimated campus debt service attributable to new	61635
qualifying capital projects is less than the campus's	61636
formula-determined capital component allocation. Campus	61637
allocations shall be determined by subtracting the estimated	61638
campus debt service attributable to new qualifying capital	61639
projects from the campus formula-determined capital component	61640
allocation. Moneys distributed from this appropriation item shall	61641
be restricted to capital-related purposes.	61642

DAYTON AREA GRADUATE STUDIES INSTITUTE

61643

The foregoing appropriation item 235-553, Dayton Area	61644
Graduate Studies Institute, shall be used by the Board of Regents	61645
to support the Dayton Area Graduate Studies Institute, an	61646
engineering graduate consortium of three universities in the	61647
Dayton area: Wright State University, the University of Dayton,	61648
and the Air Force Institute of Technology, with the participation	61649
of the University of Cincinnati and The Ohio State University.	61650

LONG-TERM CARE RESEARCH

61651

The foregoing appropriation item 235-558, Long-term Care	61652
Research, shall be disbursed to Miami University for long-term	61653
care research.	61654

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

61655

The foregoing appropriation item 235-561, Bowling Green State	61656
University Canadian Studies Center, shall be used by the Canadian	61657
Studies Center at Bowling Green State University to study	61658
opportunities for Ohio and Ohio businesses to benefit from the	61659
Free Trade Agreement between the United States and Canada.	61660

URBAN UNIVERSITY PROGRAMS

61661

Of the foregoing appropriation item 235-583, Urban University	61662
Programs, universities receiving funds that are used to support an	61663
ongoing university unit shall certify periodically in a manner	61664
approved by the Board of Regents that program funds are being	61665
matched on a one-to-one basis with equivalent resources. Overhead	61666
support may not be used to meet this requirement. Where Urban	61667
University Program funds are being used to support an ongoing	61668
university unit, matching funds must come from continuing rather	61669
than one-time sources. At each participating state-assisted	61670
institution of higher education, matching funds must be within the	61671
substantial control of the individual designated by the	61672
institution's president as the Urban University Program	61673
representative.	61674

Of the foregoing appropriation item 235-583, Urban University	61675
Programs, $372,400 in each fiscal year shall be used to support a	61676
public communication outreach program (WCPN). The primary purpose	61677
of the program shall be to develop a relationship between	61678
Cleveland State University and nonprofit communications entities.	61679

Of the foregoing appropriation item 235-583, Urban University	61680
Programs, $176,400 in each fiscal year shall be used to support	61681
the Center for the Interdisciplinary Study of Education and the	61682
Urban Child at Cleveland State University. These funds shall be	61683
distributed according to rules adopted by the Board of Regents and	61684
shall be used by the center for interdisciplinary activities	61685
targeted toward increasing the chance of lifetime success of the	61686
urban child, including interventions beginning with the prenatal	61687
period. The primary purpose of the center is to study issues in	61688
urban education and to systematically map directions for new	61689
approaches and new solutions by bringing together a cadre of	61690
researchers, scholars, and professionals representing the social,	61691
behavioral, education, and health disciplines.	61692

Of the foregoing appropriation item 235-583, Urban University	61693
Programs, $254,800 in each fiscal year shall be used to support	61694
the Kent State University Learning and Technology Project. This	61695
project is a kindergarten through university collaboration between	61696
schools surrounding Kent's eight campuses in northeast Ohio, and	61697
corporate partners who will assist in development and delivery.	61698

The Kent State University Project shall provide a faculty	61699
member who has a full-time role in the development of	61700
collaborative activities and teacher instructional programming	61701
between Kent and the K-12th grade schools that surround its eight	61702
campuses; appropriate student support staff to facilitate these	61703
programs and joint activities; and hardware and software to	61704
schools that will make possible the delivery of instruction to	61705
pre-service and in-service teachers, and their students, in their	61706
own classrooms or school buildings. This shall involve the	61707
delivery of low-bandwidth streaming video and web-based	61708
technologies in a distributed instructional model.	61709

Of the foregoing appropriation item 235-583, Urban University	61710
Programs, $98,000 in each fiscal year shall be used to support the	61711
Ameritech Classroom/Center for Research at Kent State University.	61712

Of the foregoing appropriation item 235-583, Urban University	61713
Programs, $980,000 in each fiscal year shall be used to support	61714
the Polymer Distance Learning Project at the University of Akron.	61715

Of the foregoing appropriation item 235-583, Urban University	61716
Programs, $49,000 in each fiscal year shall be distributed to the	61717
Kent State University/Cleveland Design Center program.	61718

Of the foregoing appropriation item 235-583, Urban University	61719
Programs, $245,000 in each fiscal year shall be used to support	61720
the Bliss Institute of Applied Politics at the University of	61721
Akron.	61722

Of the foregoing appropriation item 235-583, Urban University	61723
Programs, $14,700 in each fiscal year shall be used for the	61724
Advancing-Up Program at the University of Akron.	61725

Of the foregoing appropriation item 235-583, Urban University	61726
Programs, in each fiscal year $2,156,629 shall be distributed by	61727
the Board of Regents to Cleveland State University in support of	61728
the Maxine Goodman Levin College of Urban Affairs.	61729

Of the foregoing appropriation item 235-583, Urban University	61730
Programs, in each fiscal year $2,156,630 shall be distributed to	61731
the Northeast Ohio Research Consortium, the Urban Linkages	61732
Program, and the Urban Research Technical Assistance Grant	61733
Program. The distribution among the three programs shall be	61734
determined by the chair of the Urban University Program.	61735

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

61736

The foregoing appropriation item 235-595, International	61737
Center for Water Resources Development, shall be used to support	61738
the International Center for Water Resources Development at	61739
Central State University. The center shall develop methods to	61740
improve the management of water resources for Ohio and for	61741
emerging nations.	61742

RURAL UNIVERSITY PROJECTS

61743

Of the foregoing appropriation item 235-587, Rural University	61744
Projects, Bowling Green State University shall receive $212,072 in	61745
each fiscal year, Miami University shall receive $324,503 in each	61746
fiscal year, and Ohio University shall receive $740,977 in each	61747
fiscal year. These funds shall be used to support the Institute	61748
for Local Government Administration and Rural Development at Ohio	61749
University, the Center for Public Management and Regional Affairs	61750
at Miami University, and the Center for Policy Analysis and Public	61751
Service at Bowling Green State University.	61752

Of the foregoing appropriation item 235-587, Rural University	61753
Projects, $24,500 in each fiscal year shall be used to support the	61754
Washington State Community College day care center.	61755

Of the foregoing appropriation item 235-587, Rural University	61756
Projects, $73,500 in each fiscal year shall be used to support	61757
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	61758

A small portion of the funds provided to Ohio University	61759
shall also be used for the Institute for Local Government	61760
Administration and Rural Development State and Rural Policy	61761
Partnership with the Governor's Office of Appalachia and the	61762
Appalachian delegation of the General Assembly.	61763

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

61764

The foregoing appropriation item 235-588, Ohio Resource	61765
Center for Mathematics, Science, and Reading, shall be used to	61766
support a resource center for mathematics, science, and reading to	61767
be located at a state-assisted university for the purpose of	61768
identifying best educational practices in primary and secondary	61769
schools and establishing methods for communicating them to	61770
colleges of education and school districts.	61771

HAZARDOUS MATERIALS PROGRAM

61772

The foregoing appropriation item 235-596, Hazardous Materials	61773
Program, shall be disbursed to Cleveland State University for the	61774
operation of a program to certify firefighters for the handling of	61775
hazardous materials. Training shall be available to all Ohio	61776
firefighters.	61777

Of the foregoing appropriation item 235-596, Hazardous	61778
Materials Program, $150,000 in each fiscal year shall be used to	61779
support the Center for the Interdisciplinary Study of Education	61780
and Leadership in Public Service at Cleveland State University.	61781
These funds shall be distributed by the Board of Regents and shall	61782
be used by the center targeted toward increasing the role of	61783
special populations in public service and not-for-profit	61784
organizations. The primary purpose of the center is to study	61785
issues in public service and to guide strategies for attracting	61786
new communities into public service occupations by bringing	61787
together a cadre of researchers, scholars and professionals	61788
representing the public administration, social behavioral, and	61789
education disciplines.	61790

NATIONAL GUARD SCHOLARSHIP PROGRAM

61791

The Board of Regents shall disburse funds from appropriation	61792
item 235-599, National Guard Scholarship Program, at the direction	61793
of the Adjutant General.	61794

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

61795

The foregoing appropriation item 235-602, HEFC	61796
Administration, shall be used by the Board of Regents for	61797
operating expenses related to the Board of Regents' support of the	61798
activities of the Ohio Higher Educational Facility Commission.	61799
Upon the request of the chancellor, the Director of Budget and	61800
Management shall transfer up to $12,000 cash from Fund 461 to Fund	61801
4E8 in each fiscal year of the biennium.	61802

CAPITAL SCHOLARSHIP PROGRAMS

61803

The Chancellor of the Board of Regents may, for the purpose	61804
of providing up to one hundred twenty-five scholarships in each	61805
fiscal year in the amount of $2,000 each for students enrolled in	61806
Ohio's public and private institutions of higher education to	61807
participate in the Washington Center Internship Program, utilize	61808
any funds from any appropriation within the budget of the Board of	61809
Regents that the Chancellor determines to be available, not to	61810
exceed $250,000 in any fiscal year. The scholarships shall be	61811
matched by the Washington Center's scholarship funds.	61812

Section 93.11. BREAKTHROUGH INVESTMENTS	61813

OHIO PLAN STUDY COMMITTEE

61814

There is established the Ohio Plan Study Committee, which	61815
shall determine appropriate ways to fund the Ohio Plan for	61816
Technology and Development. The Study Committee shall consist of	61817
the Governor's Science Advisor, the Director of Budget and	61818
Management, the Chancellor of the Board of Regents, the Director	61819
of Development, three members of the House of Representatives	61820
appointed by the Speaker, of whom no more than two shall be of the	61821
same political party, and three members of the Senate appointed by	61822
the President, of whom no more than two shall be of the same	61823
political party. Administrative support for the Study Committee	61824
shall be provided by the Board of Regents. The Study Committee	61825
shall report its recommendations to the Governor and the General	61826
Assembly no later than December 31, 2001. After it submits its	61827
report, the Study Committee shall cease to exist. The Ohio Plan	61828
for Technology and Development is intended to promote	61829
collaborative efforts among state government, higher education,	61830
and business and industry that will lead to the development of New	61831
Economy applications of science and technology and, ultimately,	61832
new business start-ups in the state and increased economic	61833
prosperity for the citizens of Ohio.	61834

APPALACHIAN NEW ECONOMY PARTNERSHIP

61835

The foregoing appropriation item 235-428, Appalachian New	61836
Economy Partnership, shall be used by the Board of Regents to	61837
begin a multicampus and multiagency coordinated effort to link	61838
Appalachia to the new economy. Funds shall be distributed to Ohio	61839
University to provide leadership in the development and	61840
implementation of initiatives in the areas of entrepreneurship,	61841
technology, education, and management.	61842

Section 93.12.  REPAYMENT OF RESEARCH FACILITY INVESTMENT	61843
FUND MONEYS	61844

Notwithstanding any provision of law to the contrary, all	61845
repayments of Research Facility Investment Fund loans shall be	61846
made to the Bond Service Trust Fund. All Research Facility	61847
Investment Fund loan repayments made prior to the effective date	61848
of this section shall be transferred by the Director of Budget and	61849
Management to the Bond Service Trust Fund within sixty days of the	61850
effective date of this section.	61851

Campuses shall make timely repayments of Research Facility	61852
Investment Fund loans, according to the schedule established by	61853
the Board of Regents. In the case of late payments, the Board of	61854
Regents may deduct from an institution's periodic subsidy	61855
distribution an amount equal to the amount of the overdue payment	61856
for that institution, transfer such amount to the Bond Service	61857
Trust Fund, and credit the appropriate institution for the	61858
repayment.	61859

VETERANS' PREFERENCES

61860

The Board of Regents shall work with the Governor's Office of	61861
Veterans' Affairs to develop specific veterans' preference	61862
guidelines for higher education institutions. These guidelines	61863
shall ensure that the institutions' hiring practices are in	61864
accordance with the intent of Ohio's veterans' preference laws.	61865

OHIO STATE UNIVERSITY VETERINARY CLINIC

61866

Notwithstanding anything to the contrary in sections 9.33,	61867
123.01, and 3345.50 and Chapter 153. of the Revised Code, The Ohio	61868
State University may negotiate, enter into, and locally administer	61869
a contract which combines the design and construction elements of	61870
the project into a single contract for the College of Veterinary	61871
Medicine Large Animal Clinic in Union County, Ohio. This project,	61872
costing approximately $1,200,000, is funded with university funds.	61873

Section 93.13.  CENTRAL STATE UNIVERSITY

61874

(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and	61875
3345.76 of the Revised Code and rule 126:3-1-01 of the	61876
Administrative Code, Central State University shall adhere to the	61877
following fiscal standards:	61878

(1) Maintenance of a balanced budget and filing of quarterly	61879
reports on an annualized budget with the Board of Regents,	61880
comparing the budget to actual spending and revenues with	61881
projected expenditures and revenues for the remainder of the year.	61882
Such reports shall include narrative explanations as appropriate	61883
and be filed within 30 days of the end of the quarter.	61884

(2) Timely and accurate assessment of the current and	61885
projected cash flow of university funds, by fund type;	61886

(3) Timely reconciliation of all university cash and general	61887
ledger accounts, by fund;	61888

(4) Submission to the Auditor of State of financial	61889
statements consistent with audit requirements prescribed by the	61890
Auditor of State within four months after the end of the fiscal	61891
year;	61892

(5) Completion of an audit within six months after the end	61893
of the fiscal year.	61894

The Director of Budget and Management shall provide	61895
clarification to the university on these fiscal standards as	61896
deemed necessary. The director also may take such actions as are	61897
necessary to ensure that the university adheres to these standards	61898
and other fiscal standards consistent with generally accepted	61899
accounting principles and the requirements of external entities	61900
providing funding to the university. Such actions may include the	61901
appointment of a financial consultant to assist Central State	61902
University in the continuous process of design and implementation	61903
of responsible systems of financial management and accounting.	61904

(B) The director's fiscal oversight shall continue until	61905
such time as the university meets the same criteria as those	61906
created in paragraph (F) of rule 126:3-1-01 of the Administrative	61907
Code for the termination of a fiscal watch. At that time Central	61908
State University shall be relieved of the requirements of this	61909
section and subject to the requirements of sections 3345.72,	61910
3345.74, 3345.75, and 3345.76 of the Revised Code.	61911

Any encumbered funds remaining from appropriation item	61912
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6	61913
of the 122nd General Assembly shall be released during the	61914
2001-2003 biennium for nonrecurring expenses contingent upon the	61915
approval of the Director of Budget and Management.	61916

Section 94.  DRC DEPARTMENT OF REHABILITATION AND	61917

CORRECTION

61918

General Services Fund Group

61936

Federal Special Revenue Fund Group

61947

Intragovernmental Service Fund Group

61952

OHIO BUILDING AUTHORITY LEASE PAYMENTS

61958

The foregoing appropriation item 501-406, Lease Rental	61959
Payments, shall be used for payments to the Ohio Building	61960
Authority for the period July 1, 2001, to June 30, 2003, pursuant	61961
to the primary leases and agreements for those buildings made	61962
under Chapter 152. of the Revised Code in the amount of	61963
$298,882,600, which are the source of funds pledged for bond	61964
service charges on related obligations issued pursuant to Chapter	61965
152. of the Revised Code.	61966

PRISONER COMPENSATION

61967

Money from the foregoing appropriation item 501-403, Prisoner	61968
Compensation, shall be transferred on a quarterly basis by	61969
intrastate transfer voucher to Fund 148 for the purposes of paying	61970
prisoner compensation.	61971

CBCF Title XX FUNDS

61972

Not later than July 15, 2001, the Director of Budget and	61973
Management shall transfer $1,800,000 from Fund 3W3, Adult Special	61974
Needs, to the General Revenue Fund. Not later than July 15, 2002,	61975
the Director of Budget and Management shall transfer $5,400,000	61976
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.	61977

INMATE DEVELOPMENT PROGRAM

61978

Of the foregoing appropriation item 503-321, Parole and	61979
Community Operations, at least $30,000 in each fiscal year shall	61980
be used for an inmate development program.	61981

INSTITUTION RECOVERY SERVICES

61982

Of the foregoing appropriation item 507-321, Institution	61983
Recovery Services, $50,000 in each fiscal year shall be used to	61984
fund a demonstration project using innovative alcohol and	61985
substance abuse treatment methods.	61986

Section 95.  RSC REHABILITATION SERVICES COMMISSION	61987

General Revenue Fund

61988

General Services Fund Group

62002

Federal Special Revenue Fund Group

62007

State Special Revenue Fund Group

62020

STAND CONCESSIONS FUND - CREDITING OF INCOME

62026

In crediting interest and other income earned on moneys	62027
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	62028
of State and Director of Budget and Management shall ensure that	62029
the requirements of section 3304.35 of the Revised Code are met.	62030

PERSONAL CARE ASSISTANCE

62031

The foregoing appropriation item 415-401, Personal Care	62032
Assistance, shall be used in addition to Social Security	62033
reimbursement funds to provide personal care assistance services.	62034
These funds shall not be used in lieu of Social Security	62035
reimbursement funds.	62036

MR/DD SERVICES

62037

The foregoing appropriation item 415-404, MR/DD Services,	62038
shall be used as state matching funds to provide vocational	62039
rehabilitation services to mutually eligible clients between the	62040
Rehabilitation Services Commission and the Department of Mental	62041
Retardation and Developmental Disabilities. The Rehabilitation	62042
Services Commission shall report to the Department of Mental	62043
Retardation and Developmental Disabilities, as outlined in an	62044
interagency agreement, on the number and status of mutually	62045
eligible clients and the status of the funds and expenditures for	62046
these clients.	62047

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

62048

The foregoing appropriation item 415-405, Vocational	62049
Rehabilitation/Job and Family Services, shall be used as state	62050
matching funds to provide vocational rehabilitation services to	62051
mutually eligible clients between the Rehabilitation Services	62052
Commission and the Department of Job and Family Services. The	62053
Rehabilitation Services Commission shall report to the Department	62054
of Job and Family Services, as outlined in an interagency	62055
agreement, on the number and status of mutually eligible clients	62056
and the status of the funds and expenditures for these clients.	62057

ASSISTIVE TECHNOLOGY

62058

The foregoing appropriation item 415-406, Assistive	62059
Technology, shall be provided to Assistive Technology of Ohio and	62060
shall be used only to provide grants under that program. No	62061
amount of the appropriation may be used for administrative costs.	62062

OFFICE FOR PEOPLE WITH BRAIN INJURY

62063

Of the foregoing appropriation item 415-431, Office for	62064
People with Brain Injury, $100,000 in each fiscal year shall be	62065
used for the state match for a federal grant awarded through the	62066
Traumatic Brain Injury Act, Pub. L. No. 104-166, and $50,000 in	62067
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided	62068
to the Brain Injury Trust Fund. The remaining appropriation in	62069
this item shall be used to plan and coordinate head-injury-related	62070
services provided by state agencies and other government or	62071
private entities, to assess the needs for such services, and to	62072
set priorities in this area.	62073

SERVICES FOR PEOPLE WITH DISABILITIES

62074

On verification of the receipt of revenue in Fund 3W2, Title	62075
XX Vocational Rehabilitation, the Director of Budget and	62076
Management shall transfer those funds to the General Revenue Fund.	62077
The transferred funds are appropriated to appropriation item	62078
415-506, Services for People with Disabilities. The foregoing	62079
appropriation item 415-506, Services for People with Disabilities,	62080
includes transferred funds of $600,000 in fiscal year 2002 and	62081
$897,052 in fiscal year 2003.	62082

SERVICES FOR THE DEAF

62083

The foregoing appropriation item 415-508, Services for the	62084
Deaf, shall be used to supplement Social Security reimbursement	62085
funds used to provide grants to community centers for the deaf.	62086
These funds shall not be used in lieu of Social Security	62087
reimbursement funds.	62088

SERVICES FOR THE ELDERLY

62089

The foregoing appropriation item 415-509, Services for the	62090
Elderly, shall be used as matching funds for vocational	62091
rehabilitation services for eligible elderly citizens with a	62092
disability.	62093

SOCIAL SECURITY REIMBURSEMENT FUNDS

62094

Reimbursement funds received from the Social Security	62095
Administration, United States Department of Health and Human	62096
Services, for the costs of providing services and training to	62097
return disability recipients to gainful employment, shall be used	62098
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	62099

(A) Appropriation item 415-601, Social Security Personal	62100
Care Assistance, to provide personal care services in accordance	62101
with section 3304.41 of the Revised Code;	62102

(B) Appropriation item 415-605, Social Security Community	62103
Centers for the Deaf, to provide grants to community centers for	62104
the deaf in Ohio for services to individuals with hearing	62105
impairments;	62106

(C) Appropriation item 415-607, Social Security	62107
Administration Cost, to provide administrative services needed to	62108
administer the Social Security reimbursement program;	62109

(D) Appropriation item 415-608, Social Security Special	62110
Programs/Assistance, to provide vocational rehabilitation services	62111
to individuals with severe disabilities, who are Social Security	62112
beneficiaries, to achieve competitive employment. This item also	62113
includes funds to assist the Personal Care Assistance, Community	62114
Centers for the Deaf, and Independent Living Programs to pay their	62115
share of indirect costs as mandated by federal OMB Circular A-87.	62116

(E) Appropriation item 415-610, Social Security Vocational	62117
Rehabilitation, to provide vocational rehabilitation services to	62118
individuals with severe disabilities to achieve a noncompetitive	62119
employment goal such as homemaker.	62120

ADMINISTRATIVE EXPENSES

62121

The foregoing appropriation item 415-606, Administrative	62122
Expenses, shall be used to support the administrative functions of	62123
the commission related to the provision of vocational	62124
rehabilitation, disability determination services, and ancillary	62125
programs.	62126

INDEPENDENT LIVING COUNCIL

62127

The foregoing appropriation items 415-402, Independent Living	62128
Council, shall be used to fund the operations of the State	62129
Independent Living Council.	62130

MENTAL HEALTH SERVICES

62131

The foregoing appropriation item 415-403, Mental Health	62132
Services, shall be used for the provision of vocational	62133
rehabilitation services to mutually eligible consumers of the	62134
Rehabilitation Services Commission and the Department of Mental	62135
Health.	62136

The Department of Mental Health shall receive a quarterly	62137
report from the Rehabilitation Services Commission stating the	62138
numbers served, numbers placed in employment, average hourly wage,	62139
and average hours worked.	62140

INDEPENDENT LIVING SERVICES

62141

The foregoing appropriation items 415-520, Independent Living	62142
Services, and 415-612, Federal-Independent Living Centers or	62143
Services, shall be used to support state independent living	62144
centers or independent living services pursuant to Title VII of	62145
the Independent Living Services and Centers for Independent Living	62146
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	62147
U.S.C. 796d.	62148

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

62149

The foregoing appropriation item 415-617, Independent	62150
Living/Vocational Rehabilitation Programs, shall be used to	62151
support vocational rehabilitation programs, including, but not	62152
limited to, Projects with Industry and Training Grants.	62153

Section 96.  RCB RESPIRATORY CARE BOARD	62154

General Services Fund Group

62155

Section 97.  REVENUE DISTRIBUTION FUNDS	62161

Volunteer Firefighters' Dependents Fund

62162

Holding Account Redistribution

62173

ADDITIONAL APPROPRIATIONS

62192

Appropriation items in this section are to be used for the	62193
purpose of administering and distributing the designated revenue	62194
distributions fund according to the Revised Code. If it is	62195
determined that additional appropriations are necessary, such	62196
amounts are appropriated.	62197

Section 98.  SAN BOARD OF SANITARIAN REGISTRATION	62198

General Services Fund Group

62199

Section 99.  OSB OHIO STATE SCHOOL FOR THE BLIND

62205

General Revenue Fund

62206

General Services Fund Group

62211

State Special Revenue Fund Group

62215

Federal Special Revenue Fund Group

62219

Section 100.  OSD OHIO STATE SCHOOL FOR THE DEAF	62226

General Revenue Fund

62227

General Services Fund Group

62232

State Special Revenue Fund Group

62236

Federal Special Revenue Fund Group

62242

Section 101.  SFC SCHOOL FACILITIES COMMISSION

62251

General Revenue Fund

62252

State Special Revenue Fund Group

62256

Section 101.01. LEASE RENTAL PAYMENTS

62262

The foregoing appropriation item 230-428, Lease Rental	62263
Payments, shall be used to meet all payments at the times they are	62264
required to be made during the period from July 1, 2001, to June	62265
30, 2003, by the School Facilities Commission pursuant to leases	62266
and agreements made under section 3318.26 of the Revised Code, but	62267
limited to the aggregate amount of $79,299,600. Nothing in this	62268
act shall be deemed to contravene the obligation of the state to	62269
pay, without necessity for further appropriation, from the sources	62270
pledged thereto, the bond service charges on obligations issued	62271
pursuant to Chapter 3318. of the Revised Code.	62272

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

62273

The foregoing appropriation item 230-908, Common Schools	62274
General Obligation Debt Service, shall be used to pay all debt	62275
service and financing costs at the times they are required to be	62276
made pursuant to sections 151.01 and 151.03 of the Revised Code	62277
during the period from July 1, 2001, to June 30, 2003. The Office	62278
of the Sinking Fund or the Director of Budget and Management shall	62279
effectuate the required payments by an intrastate transfer	62280
voucher.	62281

OPERATING EXPENSES

62282

The foregoing appropriation item 230-644, Operating Expenses,	62283
shall be used by the Ohio School Facilities Commission to carry	62284
out its responsibilities pursuant to this section and Chapter	62285
3318. of the Revised Code.	62286

Within ten days after the effective date of this section, or	62287
as soon as possible thereafter, the Executive Director of the Ohio	62288
School Facilities Commission shall certify to the Director of	62289
Budget and Management the amount of cash to be transferred from	62290
the School Building Assistance Fund (Fund 032) or the Public	62291
School Building Fund (Fund 021) to the Ohio School Facilities	62292
Commission Fund (Fund 5E3).	62293

By July 10, 2002, the Executive Director of the Ohio School	62294
Facilities Commission shall certify to the Director of Budget and	62295
Management the amount of cash to be transferred from the School	62296
Building Assistance Fund (Fund 032) or the Public School Building	62297
Fund (Fund 021) to the Ohio School Facilities Commission Fund	62298
(Fund 5E3).	62299

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

62300

At the request of the Executive Director of the Ohio School	62301
Facilities Commission, the Director of Budget and Management may	62302
cancel encumbrances for school district projects from a previous	62303
biennium if the district has not raised its local share of project	62304
costs within one year of receiving Controlling Board approval in	62305
accordance with section 3318.05 of the Revised Code. The	62306
Executive Director of the Ohio School Facilities Commission shall	62307
certify the amounts of these canceled encumbrances to the Director	62308
of Budget and Management on a quarterly basis. The amounts of the	62309
canceled encumbrances are appropriated.	62310

DISABILITY ACCESS PROJECTS

62311

The unencumbered and unallotted balances as of June 30, 2001,	62312
in appropriation item 230-649, Disability Access Project, are	62313
hereby reappropriated. The unencumbered and unallotted balances	62314
of the appropriation at the end of fiscal year 2002 are hereby	62315
reappropriated in fiscal year 2003 to fund capital projects	62316
pursuant to this section.	62317

(A) As used in this section:

62318

(1) "Percentile" means the percentile in which a school	62319
district is ranked according to the fiscal year 1998 ranking of	62320
school districts with regard to income and property wealth under	62321
division (B) of section 3318.011 of the Revised Code.	62322

(2) "School district" means a city, local, or exempted	62323
village school district, but excluding a school district that is	62324
one of the state's 21 urban school districts as defined in	62325
division (O) of section 3317.02 of the Revised Code, as that	62326
section existed prior to July 1, 1998.	62327

(3) "Valuation per pupil" means a district's total taxable	62328
value as defined in section 3317.02 of the Revised Code divided by	62329
the district's ADM as defined in division (A) of section 3317.02	62330
of the Revised Code as that section existed prior to July 1, 1998.	62331

(B) The School Facilities Commission shall adopt rules for	62332
awarding grants to school districts with a valuation per pupil of	62333
less than $200,000, to be used for construction, reconstruction,	62334
or renovation projects in classroom facilities, the purpose of	62335
which is to improve access to such facilities by physically	62336
handicapped persons. The rules shall include application	62337
procedures. No school district shall be awarded a grant under	62338
this section in excess of $100,000. In addition, any school	62339
district shall be required to pay a percentage of the cost of the	62340
project or which the grant is being awarded equal to the	62341
percentile in which the district is ranked.	62342

(C) The School Facilities Commission is hereby authorized to	62343
transfer a portion of appropriation item CAP-622, Public School	62344
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General	62345
Assembly, to CAP-777, Disability Access Projects, to provide funds	62346
to make payments resulting from the approval of applications for	62347
disability access grants received prior to January 1, 1999. The	62348
amounts transferred are appropriated.	62349

Section 101.02. In fiscal year 2002, the Director of Budget	62350
and Management shall deposit into the Community School Classroom	62351
Facilities Loan Guarantee Fund, established under section 3318.52	62352
of the Revised Code, not more than ten million dollars from the	62353
moneys that have been appropriated to the Ohio School Facilities	62354
Commission for capital projects. The moneys so deposited shall be	62355
used by the Commission to guarantee loans to community schools	62356
under section 3318.50 of the Revised Code.	62357

Section 102.  NET OHIO SCHOOLNET COMMISSION

62358

General Revenue Fund

62359

General Services Fund Group

62364

State Special Revenue Fund Group

62368

Federal Special Revenue Fund Group

62373

Section 102.01. INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM

62379

The unencumbered and unalloted balances as of June 30, 2001,	62380
in appropriation item 228-650, Interactive Video Distance	62381
Learning, are reappropriated to fund projects pursuant to this	62382
section. Appropriation item 228-650, Interactive Video Distance	62383
Learning, shall be used to extend the Interactive Video Distance	62384
Learning Program in accordance with the statewide educational	62385
technology strategic plan. The Ohio SchoolNet Commission shall	62386
adopt procedures for the administration and implementation of the	62387
Interactive Video Distance Learning Program, which shall include	62388
application procedures, specifications for distance learning	62389
technology, and terms and conditions for participation in the	62390
program. The commission shall not approve any application for	62391
participation unless it determines that the applicant can	62392
effectively and efficiently integrate the proposed distance	62393
learning technology into schools or the selected schools or	62394
classrooms for the phase of the program. The commission shall	62395
give preference to lower wealth districts or consortia of such	62396
districts that do not have existing video teleconferencing	62397
technology.	62398

SCHOOLNET PLUS PROGRAM

62399

The unencumbered and unallotted balances as of June 30, 2001,	62400
in appropriation item 228-698, SchoolNet Plus, are hereby	62401
reappropriated to fund projects pursuant to this section.	62402
Appropriation item 228-698, SchoolNet Plus, may be used to	62403
purchase network telecommunications equipment for each public	62404
school building in this state to provide classroom and building	62405
access to existing and potential statewide voice, video, and data	62406
telecommunication services or to establish and equip interactive	62407
computer workstations. As used in this section, "public school	62408
building" means a school building of any city, local, exempted	62409
village, or joint vocational school district or any community	62410
school established under Chapter 3314. of the Revised Code. The	62411
Ohio SchoolNet Commission, in consultation with the Department of	62412
Education, Department of Administrative Services, and Ohio	62413
Education Computer Network, shall define the standards and	62414
equipment configurations necessary to maximize the efficient use	62415
of the existing and potential statewide voice, video, and data	62416
telecommunication services.	62417

Section 102.02. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	62418
DEVELOPMENT	62419

The foregoing appropriation item 228-406, Technical and	62420
Instructional Professional Development, shall be used by the Ohio	62421
SchoolNet Commission to make grants or provide services to	62422
qualifying schools, including the State School for the Blind and	62423
the Ohio School for the Deaf, for the provision of hardware,	62424
software, telecommunications services, and staff development to	62425
support educational uses of technology in the classroom.	62426

The Ohio SchoolNet Commission shall consider the professional	62427
development needs associated with the OhioReads Program when	62428
making funding allocations and program decisions.	62429

The Ohio Educational Telecommunications Network Commission,	62430
with the advice of the Ohio SchoolNet Commission, shall make	62431
grants totaling up to $1,400,000 in each year of the biennium for	62432
research development and production of interactive instructional	62433
programming series and teleconferences to support SchoolNet. Up	62434
to $55,000 of this amount shall be used in each year of the	62435
biennium to provide for the administration of these activities by	62436
the Ohio Educational Telecommunications Network Commission. The	62437
programming shall be targeted to the needs of the poorest 200	62438
school districts as determined by the district's adjusted	62439
valuation per pupil as defined in section 3317.0213 of the Revised	62440
Code.	62441

Of the foregoing appropriation item 228-406, Technical and	62442
Instructional Professional Development, $2,900,000 in each fiscal	62443
year shall be distributed by the Ohio SchoolNet Commission to	62444
low-wealth districts or consortia including low-wealth school	62445
districts, as determined by the district's adjusted valuation per	62446
pupil as defined in section 3317.0213 of the Revised Code, or the	62447
State School for the Blind or the Ohio School for the Deaf.	62448

The remaining appropriation allocated in appropriation item	62449
228-406, Technical and Instructional Professional Development,	62450
shall be used by the Ohio SchoolNet Commission for professional	62451
development for teachers and administrators for the use of	62452
educational technology. The commission may make grants to provide	62453
technical assistance and professional development on the use of	62454
educational technology to school districts.	62455

Eligible recipients of grants include regional training	62456
centers, county offices of education, data collection sites,	62457
instructional technology centers, institutions of higher	62458
education, public television stations, special education resource	62459
centers, area media centers, or other nonprofit educational	62460
organizations. Services provided through these grants may include	62461
use of private entities subcontracting through the grant	62462
recipient.	62463

Grants shall be made to entities on a contractual basis with	62464
the Ohio SchoolNet Commission. Contracts shall include provisions	62465
that demonstrate how services will benefit technology use in the	62466
schools, and in particular will support SchoolNet efforts to	62467
support technology in the schools. Contracts shall specify the	62468
scope of assistance being offered and the potential number of	62469
professionals who will be served. Contracting entities may be	62470
awarded more than one grant at a time.	62471

Grants shall be awarded in a manner consistent with the goals	62472
of SchoolNet. Special emphasis in the award of grants shall be	62473
placed on collaborative efforts among service providers.	62474

Application for grants from this appropriation in	62475
appropriation item 228-406, Technical and Instructional	62476
Professional Development, shall be consistent with a school	62477
district's technology plan that shall meet the minimum	62478
specifications for school district technology plans as prescribed	62479
by the Ohio SchoolNet Commission. Funds allocated through these	62480
grants may be combined with funds received through other state or	62481
federal grants for technology so long as the school district's	62482
technology plan specifies the use of these funds.	62483

EDUCATION TECHNOLOGY

62484

The foregoing appropriation item 228-539, Education	62485
Technology, shall be used to provide funding to suppliers of	62486
information services to school districts for the provision of	62487
hardware, software, and staff development in support of	62488
educational uses of technology in the classroom as prescribed by	62489
the State Plan for Technology pursuant to section 3301.07 of the	62490
Revised Code, and to support assistive technology for children and	62491
youth with disabilities.	62492

Up to $5,200,000 in each fiscal year shall be used by the	62493
Ohio SchoolNet Commission to contract with instructional	62494
television, and $961,096 in fiscal year 2002, and $710,596 in	62495
fiscal year 2003 shall be used by the commission to contract with	62496
education media centers to provide Ohio schools with instructional	62497
resources and services.	62498

Resources may include, but not be limited to, the following:	62499
pre-recorded video materials (including videotape, laser discs,	62500
and CD-ROM discs); computer software for student use or student	62501
access to electronic communication, databases, spreadsheet, and	62502
word processing capability; live student courses or courses	62503
delivered electronically; automated media systems; and	62504
instructional and professional development materials for teachers.	62505
The commission shall cooperate with education technology agencies	62506
in the acquisition, development, and delivery of such educational	62507
resources to ensure high-quality and educational soundness at the	62508
lowest possible cost. Delivery of such resources may utilize a	62509
variety of technologies, with preference given to a high-speed	62510
integrated information network that can transport video, voice,	62511
data, and graphics simultaneously.	62512

Services shall include presentations and technical assistance	62513
that will help students and teachers integrate educational	62514
materials that support curriculum objectives, match specific	62515
learning styles, and are appropriate for individual interests and	62516
ability levels.	62517

Such instructional resources and services shall be made	62518
available for purchase by chartered nonpublic schools or by public	62519
school districts for the benefit of pupils attending chartered	62520
nonpublic schools.	62521

DISTANCE LEARNING

62522

Appropriation item 228-634, Distance Learning, shall be	62523
distributed by the Ohio SchoolNet Commission on a grant basis to	62524
eligible school districts to establish "distance learning" in the	62525
school district. Per the agreement with Ameritech, school	62526
districts are eligible for funds if they are within an Ameritech	62527
service area. Funds to administer the program shall be expended	62528
by the commission up to the amount specified in the agreement with	62529
Ameritech.	62530

Within 30 days after the effective date of this section, the	62531
Director of Budget and Management shall transfer to fund 4X1 in	62532
the State Special Revenue Fund Group any investment earnings from	62533
moneys paid to the office or to the SchoolNet Commission by any	62534
telephone company as part of a settlement agreement between the	62535
company and the Public Utilities Commission in fiscal year 1995.	62536

ELECTRICAL INFRASTRUCTURE

62537

The unencumbered and unallotted balances of June 30, 2001, in	62538
appropriation item 228-690, SchoolNet Electrical Infrastructure,	62539
are reappropriated to fund projects pursuant to this section. The	62540
foregoing appropriation item may be distributed by the Ohio	62541
SchoolNet Commission for use by school districts to renovate	62542
existing buildings with sufficient electrical service to safely	62543
operate educational technology consistent with their SchoolNet and	62544
SchoolNet Plus technology plans. The Executive Director of the	62545
Ohio SchoolNet Commission shall review grant proposals from school	62546
districts for the use of these funds. In evaluating grant	62547
proposals, the executive director shall consider the ability and	62548
commitment of school districts to contribute local public and	62549
private resources to upgrade their electrical service and shall	62550
give consideration to consortia of school districts that have	62551
formed to optimize resources to upgrade electrical service. In no	62552
case shall grant awards exceed $1,000,000 for a single school	62553
district. Funding recommendations for this appropriation made by	62554
the executive director are subject to the review of the Ohio	62555
SchoolNet Commission.	62556

Section 102.03. TOBACCO SETTLEMENT EDUCATION TECHNOLOGIES	62557
TRUST FUND	62558

All funds from the Tobacco Settlement Education Technologies	62559
Trust Fund are hereby dedicated to the Ohio SchoolNet Commission.	62560
Existing balances in the fund and additional revenue deposited	62561
prior to June 30, 2003, are hereby appropriated to be used by the	62562
SchoolNet Commission for grants to school districts and other	62563
entities, and for the costs of administering these grants. Of	62564
the total amount for grants, $1,841,655 in fiscal year 2002 and	62565
$1,917,293 in fiscal year 2003 shall be used for the Ohio ONEnet	62566
project, $4,086,000 in fiscal year 2002 shall be used for	62567
Interactive Video Distance Learning, $865,950 in fiscal year 2002	62568
and $909,247 in fiscal year 2003 shall be used for the INFOhio	62569
Network, $313,500 in fiscal year 2002 and $298,750 in fiscal year	62570
2003 shall be used for the JASON Project, $1,000,000 in each	62571
fiscal year shall be used for RISE Learning Solutions, and	62572
$200,000 in each fiscal year shall be used for the Stark County	62573
School Teacher Technical Training Center. The remaining amount	62574
for grants shall be made to school districts.	62575

The ONEnet Ohio Project is designed to link all public K-12	62576
classrooms to each other and the Internet, and to provide access	62577
to voice, video, and data educational resources for students and	62578
teachers.	62579

The Interactive Video Distance Learning Program shall provide	62580
competitive grants to school districts or consortia of school	62581
districts to purchase necessary distance learning technology, pay	62582
recurring connectivity costs, train technology coordinators to	62583
use, maintain, and support distance learning technology, train	62584
teachers to use distance learning technology in the classroom, and	62585
provide ongoing content development to be shared statewide.	62586

The INFOhio Network is a network of library resources to	62587
support the provision of electronic resources to all public	62588
schools with preference given to elementary schools. Consideration	62589
should be given to coordinating the allocation of these moneys	62590
with the efforts of OhioLINK and the Ohio Public Information	62591
Network.	62592

The JASON Project shall provide funding for statewide access	62593
and a 75% subsidy for statewide licensing of JASON content for	62594
90,000 middle school students statewide, and professional	62595
development for teachers participating in the program.	62596

It is the intent of the General Assembly that the SchoolNet	62597
Commission, in conjunction with RISE Learning Solutions, shall	62598
develop a program that may be conducted in conjunction with	62599
state-supported technology programs including, but not limited to,	62600
SchoolNet Commission appropriation item 228-406, Technical and	62601
Instructional Professional Development, and appropriation item	62602
228-539, Education Technology, designed to educate preschool staff	62603
members and providers on developmentally appropriate teaching	62604
methods, behavior guidance, and literacy and to involve parents	62605
more closely in the education and development of their children.	62606
The project shall include an interactive instructional program,	62607
delivered using satellite television, Internet, and with	62608
facilitation, which shall be distributed to program participants	62609
using the established satellite receiver dishes on public schools,	62610
Head Start centers, and childcare centers at up to 100 locations	62611
throughout the state. The interactive instructional program shall	62612
be developed to enhance the professional development, training,	62613
and performance of preschool staff members; the education and	62614
care-giving skills of the parents of preschool children; and the	62615
preparation of preschool-aged children for learning.	62616

The project shall utilize the grant to continue a	62617
direct-service program that shall include at least three	62618
teleconferences that may be distributed by Ohio-based public	62619
television utilizing satellite or microwave technology in a manner	62620
designed to promote interactive communications between the program	62621
participants located at sub-sites within the Ohio Educational	62622
Broadcast Network or as determined by the commission. Program	62623
participants shall communicate with trainers and participants at	62624
other program sites through telecommunications and facsimile and	62625
on-line computer technology. As much as possible, the project	62626
shall utilize systems currently available in state-supported	62627
technology programs and conduct the program in a manner that	62628
promotes innovative, interactive communications between program	62629
participants at all the sites. Parent support groups and teacher	62630
training sessions shall supplement the teleconferences and shall	62631
occur on a local basis.	62632

RISE Learning Solutions may subcontract components of the	62633
project.	62634

Individuals eligible to participate in the program include	62635
those children, their parents, custodians, or guardians, and	62636
preschool staff members who are eligible to participate in a	62637
preschool program as defined in division (A) of section 3301.52	62638
and section 5104.02 of the Revised Code.	62639

The programs, including two to be developed in support of	62640
teacher proficiency in teaching reading to prekindergarten and	62641
kindergarten to third grade students, at the direction of the	62642
Department, may include: two three-hour broadcast seminars from a	62643
central up-link station, distributed in up to 88 counties; high	62644
production-value video sought in various locations; and direct	62645
interactive adult learning activities. The program shall develop	62646
program workbooks and involve at least three small	62647
group-facilitated follow-up discussion workshops and development	62648
and distribution of at least two home videos. The program shall	62649
also provide Internet access, interactive lines, bulletin board,	62650
and CD-ROM.	62651

Upon completion of each of the school years for which the	62652
grant was made, RISE Learning Solutions shall issue a report to	62653
the commission and the members of the General Assembly explaining	62654
the goals and objectives determined, the activities implemented,	62655
the progress made toward the achievement of the goals and	62656
objectives, and the outcome of the project.	62657

Not later than August 30, 2001, after the approval of the	62658
Director of Budget and Management, the SchoolNet Commission shall	62659
submit a budget for the expected appropriations from the Tobacco	62660
Settlement Education Technologies Trust Fund to the Controlling	62661
Board. The SchoolNet Commission shall demonstrate to the	62662
Controlling Board how the Commission's other funding provided by	62663
this act works with these additional appropriations.	62664

In the event that the funds in the Tobacco Settlement	62665
Education Technologies Trust Fund are not sufficient to cover the	62666
appropriations for the specific projects listed in this section,	62667
spending on every project shall be reduced proportionately.	62668

Section 102.04. There is hereby created the Ohio Schools	62669
Technology Implementation Task Force. The Task Force shall	62670
develop recommendations based upon the findings from the	62671
Independent Review and Strategic Plan authorized to be completed	62672
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of	62673
the 123rd General Assembly, for a comprehensive framework for	62674
coordinating the planning and implementation of technology in Ohio	62675
schools. The Task Force shall examine and make long-term	62676
recommendations for technology funding for Ohio's primary and	62677
secondary schools as well as for the operational costs of the Ohio	62678
SchoolNet Commission.	62679

The Task Force shall be composed of six voting members, three	62680
of whom shall be members of the Senate appointed by the President	62681
of the Senate and three of whom shall be members of the House of	62682
Representatives appointed by the Speaker of the House of	62683
Representatives. Not more than two members from each house shall	62684
be members of the same political party. From among these six	62685
voting members, the President of the Senate and the Speaker of the	62686
House of Representatives jointly shall appoint a chairperson of	62687
the Task Force. The Task Force shall include as ex officio	62688
nonvoting members the Superintendent of Public Instruction or the	62689
Superintendent's designee, the Director of Budget and Management	62690
or the Director's designee, the Director of Administrative	62691
Services or the Director's designee, the Executive Director of the	62692
Ohio SchoolNet Commission or the Executive Director's designee, a	62693
representative designated by the head of the Ohio Education	62694
Computer Network, a representative designated by the Chairperson	62695
of the Public Utilities Commission of Ohio, a representative	62696
appointed by the Chairperson of the Ohio Educational	62697
Telecommunications Network Commission, a representative of Ohio's	62698
business community appointed by the President of the Senate, and a	62699
representative from an educational service center appointed by the	62700
Speaker of the House of Representatives. The voting members may,	62701
by majority vote, elect to include any number of additional	62702
nonvoting members.	62703

The Legislative Service Commission shall provide any staffing	62704
assistance requested by the Task Force. The Task Force shall	62705
issue a report not later than December 1, 2002. Upon issuing its	62706
report, the Task Force shall cease to exist.	62707

Section 103.  SOS SECRETARY OF STATE

62708

General Revenue Fund

62709

General Services Fund Group

62715

State Special Revenue Fund Group

62721

Holding Account Redistribution Fund Group

62726

BOARD OF VOTING MACHINE EXAMINERS

62732

The foregoing appropriation item 050-610, Board of Voting	62733
Machine Examiners, shall be used to pay for the services and	62734
expenses of the members of the Board of Voting Machine Examiners,	62735
and for other expenses that are authorized to be paid from the	62736
Board of Voting Machine Examiners Fund, which is created in	62737
section 3506.05 of the Revised Code. Moneys not used shall be	62738
returned to the person or entity submitting the equipment for	62739
examination. If it is determined that additional appropriations	62740
are necessary, such amounts are appropriated.	62741

HOLDING ACCOUNT REDISTRIBUTION GROUP

62742

The foregoing appropriation items 050-605 and 050-606,	62743
Holding Account Redistribution Fund Group, shall be used to hold	62744
revenues until they are directed to the appropriate accounts or	62745
until they are refunded. If it is determined that additional	62746
appropriations are necessary, such amounts are appropriated.	62747

Section 104.  SEN THE OHIO SENATE	62748

General Revenue Fund

62749

General Services Fund Group

62752

Section 105.  CSF COMMISSIONERS OF THE SINKING FUND

62759

Debt Service Fund Group

62760

ADDITIONAL APPROPRIATIONS

62770

Appropriation items in this section are for the purpose of	62771
paying debt service and financing costs on bonds or notes of the	62772
state issued pursuant to the Ohio Constitution and acts of the	62773
General Assembly. If it is determined that additional	62774
appropriations are necessary, such amounts are appropriated.	62775

Section 106.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY	62776

& AUDIOLOGY

62777

General Services Fund Group

62778

Section 107.  BTA BOARD OF TAX APPEALS	62784

General Revenue Fund

62785

General Services Fund Group

62788

Section 108. TAX DEPARTMENT OF TAXATION

62794

General Revenue Fund

62795

Agency Fund Group

62801

General Services Fund Group

62804

State Special Revenue Fund Group

62808

Federal Special Revenue Fund Group

62822

Holding Account Redistribution Fund Group

62826

LITTER CONTROL TAX ADMINISTRATION FUND

62832

Notwithstanding section 5733.12 of the Revised Code, during	62833
the period from July 1, 2001, to June 30, 2002, the amount of	62834
$594,726, and during the period from July 1, 2002, to June 30,	62835
2003, the amount of $625,232, received by the Treasurer of State	62836
under Chapter 5733. of the Revised Code, shall be credited to the	62837
Litter Control Tax Administration Fund (Fund 437).	62838

INTERNATIONAL REGISTRATION PLAN AUDIT

62839

The foregoing appropriation item 110-616, International	62840
Registration Plan, shall be used pursuant to section 5703.12 of	62841
the Revised Code for audits of persons with vehicles registered	62842
under the International Registration Plan.	62843

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	62844
EXEMPTION	62845

The foregoing appropriation item 110-901, Property Tax	62846
Allocation - Taxation, is appropriated to pay for the state's	62847
costs incurred due to the Homestead Exemption, the Manufactured	62848
Home Property Tax Rollback, and the Property Tax Rollback. The	62849
Tax Commissioner shall distribute these funds directly to the	62850
appropriate local taxing districts of the state, except for school	62851
districts, notwithstanding the provisions in sections 321.24 and	62852
323.156 of the Revised Code, which provide for payment of the	62853
Homestead Exemption, the Manufactured Home Property Tax Rollback,	62854
and Property Tax Rollback by the Tax Commissioner to the	62855
appropriate county treasurer and the subsequent redistribution of	62856
these funds to the appropriate local taxing districts by the	62857
county auditor.	62858

The foregoing appropriation item 110-906, Tangible Tax	62859
Exemption - Taxation, is appropriated to pay for the state's costs	62860
incurred due to the tangible personal property tax exemption	62861
required by division (C)(3) of section 5709.01 of the Revised	62862
Code. The Tax Commissioner shall distribute to each county	62863
treasurer the total amount certified by the county treasurer	62864
pursuant to section 319.311 of the Revised Code for all local	62865
taxing districts located in the county except for school	62866
districts, notwithstanding the provision in section 319.311 of the	62867
Revised Code which provides for payment of the $10,000 tangible	62868
personal property tax exemption by the Tax Commissioner to the	62869
appropriate county treasurer for all local taxing districts	62870
located in the county including school districts. Pursuant to	62871
division (G) of section 321.24 of the Revised Code, the county	62872
auditor shall distribute the amount paid by the Tax Commissioner	62873
among the appropriate local taxing districts except for school	62874
districts.	62875

Upon receipt of these amounts, each local taxing district	62876
shall distribute the amount among the proper funds as if it had	62877
been paid as real or tangible personal property taxes. Payments	62878
for the costs of administration shall continue to be paid to the	62879
county treasurer and county auditor as provided for in sections	62880
319.54, 321.26, and 323.156 of the Revised Code.	62881

Any sums, in addition to the amounts specifically	62882
appropriated in appropriation items 110-901, Property Tax	62883
Allocation - Taxation, for the Homestead Exemption, the	62884
Manufactured Home Property Tax Rollback, and the Property Tax	62885
Rollback payments, and 110-906, Tangible Tax Exemption, for the	62886
$10,000 tangible personal property tax exemption payments, which	62887
are determined to be necessary for these purposes, are	62888
appropriated.	62889

TAX REFUNDS

62890

The foregoing appropriation item 110-635, Tax Refunds, shall	62891
be used to pay refunds as provided in section 5703.052 of the	62892
Revised Code. If it is determined that additional appropriations	62893
are necessary, such amounts are appropriated.	62894

Section 109.  DOT DEPARTMENT OF TRANSPORTATION

62895

Transportation Modes

62896

General Revenue Fund

62897

Federal Special Revenue Fund Group

62906

State Special Revenue Fund Group

62910

AVIATION LEASE PAYMENTS

62916

The foregoing appropriation item 777-473, Rickenbacker Lease	62917
Payments - State, shall be used to meet scheduled payments for the	62918
Rickenbacker Port Authority. The Director of Transportation shall	62919
certify to the Director of Budget and Management any	62920
appropriations in appropriation item 777-473, Rickenbacker Lease	62921
Payments - State, that are not needed to make lease payments for	62922
the Rickenbacker Port Authority. Notwithstanding section 127.14	62923
of the Revised Code, the amount certified may be transferred by	62924
the Director of Budget and Management to appropriation item	62925
777-471, Airport Improvements - State.	62926

TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION

62927

The Director of Budget and Management may approve requests	62928
from the Department of Transportation for the transfer of	62929
appropriations between appropriation item 775-451, Public	62930
Transportation - State, and appropriation item 775-458, Elderly	62931
and Disabled Fare Assistance. Transfers between appropriation	62932
items shall be made upon the written request of the Director of	62933
Transportation and with the approval of the Director of Budget and	62934
Management. Such transfers shall be reported to the Controlling	62935
Board.	62936

RAILROAD CROSSING AND GRADE SEPARATION

62937

The foregoing appropriation item 776-466, Railroad Crossing	62938
and Grade Separation, shall be used to fund the Rail Crossing	62939
Safety Initiative, which will provide improvements to communities	62940
most affected by rail traffic and related issues.	62941

AIRPORT IMPROVEMENTS - STATE

62942

Of the foregoing appropriation item 777-471, Airport	62943
Improvements - State, $500,000 in fiscal year 2002 shall be used	62944
for the Lorain County Airport.	62945

Section 110.  TOS TREASURER OF STATE

62946

General Revenue Fund

62947

Agency Fund Group

62963

General Services Fund Group

62966

State Special Revenue Fund Group

62977

Section 110.01.  OFFICE OF THE SINKING FUND

62983

The foregoing appropriation item 090-401, Office of the	62984
Sinking Fund, shall be used for financing and other costs incurred	62985
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	62986
Public Facilities Commission or its secretary, or the Treasurer of	62987
State, with respect to State of Ohio general obligation bonds or	62988
notes, including, but not limited to, printing, advertising,	62989
delivery, rating fees and the procurement of ratings, professional	62990
publications, membership in professional organizations, and	62991
services referred to in division (D) of section 151.01 of the	62992
Revised Code. The General Revenue Fund shall be reimbursed for	62993
such costs by intrastate transfer voucher pursuant to a	62994
certification by the Office of the Sinking Fund of the actual	62995
amounts used. The amounts necessary to make such reimbursements	62996
are appropriated from the general obligation bond retirement funds	62997
created by the Constitution and laws to the extent such costs are	62998
incurred.	62999

Section 110.02. POLICE AND FIRE DEATH BENEFIT FUND	63000

The foregoing appropriation item 090-575, Police and Fire	63001
Death Benefits, shall be disbursed annually by the Treasurer of	63002
State at the beginning of each fiscal year to the Board of	63003
Trustees of the Ohio Police and Fire Pension Fund. By the	63004
twentieth day of June of each year, the Board of Trustees of the	63005
Ohio Police and Fire Pension Fund shall certify to the Treasurer	63006
of State the amount disbursed in the current fiscal year to make	63007
the payments required by section 742.63 of the Revised Code and	63008
shall return to the Treasurer of State moneys received from this	63009
item but not disbursed.	63010

Section 111.  UST PETROLEUM UNDERGROUND STORAGE TANK	63011

RELEASE COMPENSATION BOARD

63012

State Special Revenue Fund Group

63013

Section 112.  TTA OHIO TUITION TRUST AUTHORITY	63019

State Special Revenue Fund Group

63020

Section 113.  OVH OHIO VETERANS' HOME	63026

General Revenue Fund

63027

Federal Special Revenue Fund Group

63031

State Special Revenue Fund Group

63035

Section 114.  VET VETERANS' ORGANIZATIONS

63043

General Revenue Fund

63044

VAP AMERICAN EX-PRISONERS OF WAR

63045

VAN ARMY AND NAVY UNION, USA, INC.

63047

VKW KOREAN WAR VETERANS

63049

VJW JEWISH WAR VETERANS

63051

VCW CATHOLIC WAR VETERANS

63053

VPH MILITARY ORDER OF THE PURPLE HEART

63055

VVV VIETNAM VETERANS OF AMERICA

63057

VAL AMERICAN LEGION OF OHIO

63059

VII VETERANS OF WORLD WAR II-KOREA-VIETNAM

63061

VAV DISABLED AMERICAN VETERANS

63063

VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO

63065

VMC MARINE CORPS LEAGUE

63067

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

63069

VFW VETERANS OF FOREIGN WARS

63071

VWI VETERANS OF WORLD WAR I

63073

RELEASE OF FUNDS

63077

The foregoing appropriation items 743-501, 746-501, 747-501,	63078
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	63079
755-501, 756-501, 757-501, 758-501, and 759-501, State Support,	63080
shall be released upon approval by the Director of Budget and	63081
Management.	63082

AMERICAN EX-PRISONERS OF WAR

63083

The American Ex-Prisoners of War shall be permitted to share	63084
an office with the Veterans of World War I.	63085

CENTRAL OHIO UNITED SERVICES ORGANIZATION

63086

Of the foregoing appropriation item 751-501, State Support,	63087
Vietnam Veterans of America, $50,000 in each fiscal year shall be	63088
used to support the activities of the Central Ohio USO.	63089

VETERANS SERVICE COMMISSION EDUCATION

63090

Of the foregoing appropriation item 753-501, State Support,	63091
Veterans of World War II-Korea-Vietnam, up to $20,000 in each	63092
fiscal year may be used to provide moneys to the Association of	63093
County Veterans Service Commissioners to reimburse its member	63094
county veterans service commissions for costs incurred in carrying	63095
out educational and outreach duties required under divisions (E)	63096
and (F) of section 5901.03 of the Revised Code. Upon the	63097
presentation of an itemized statement to the Office of Veterans	63098
Affairs, the office shall direct the Auditor of State to issue a	63099
warrant upon the state treasury to the association to reimburse	63100
member commissions for reasonable and appropriate expenses	63101
incurred performing these duties. The association shall establish	63102
uniform procedures for reimbursing member commissions.	63103

Section 115.  DVM STATE VETERINARY MEDICAL BOARD	63104

General Services Fund Group

63105

Section 116.  DYS DEPARTMENT OF YOUTH SERVICES	63111

General Revenue Fund

63112

General Services Fund Group

63122

Federal Special Revenue Fund Group

63130

State Special Revenue Fund Group

63142

OHIO BUILDING AUTHORITY LEASE PAYMENTS

63149

The foregoing appropriation item 470-412, Lease Rental	63150
Payments, in the Department of Youth Services, shall be used for	63151
payments, limited to the aggregate amount of $36,116,600, to the	63152
Ohio Building Authority for the period from July 1, 2001, to June	63153
30, 2003, pursuant to the primary leases and agreements for	63154
facilities made under Chapter 152. of the Revised Code, which are	63155
the source of funds pledged for bond service charges on related	63156
obligations issued pursuant to Chapter 152. of the Revised Code.	63157

RECLAIM OHIO

63158

In determining the amount of moneys necessary to fund the	63159
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal	63160
years 2002 and 2003, the Department of Youth Services shall	63161
compute the number of state target youth for each fiscal year. As	63162
defined in section 5139.01 of the Revised Code, "state target	63163
youth" means twenty-five per cent of the projected total number of	63164
felony-level delinquency adjudications in the juvenile courts for	63165
each year of a biennium, factoring in revocations and	63166
recommitments. The foregoing appropriation item 470-401, RECLAIM	63167
Ohio, shall provide for an amount not less than $98 per day for	63168
each state target youth or not less than $20,000 per year for each	63169
state target youth for each year of the biennium.	63170

YOUTH SERVICES BLOCK GRANT

63171

Of the foregoing appropriation item 470-510, Youth Services,	63172
$50,000 in fiscal year 2002 shall be distributed directly to	63173
Lighthouse Youth Services.	63174

EMPLOYEE FOOD SERVICE AND EQUIPMENT

63175

Notwithstanding section 125.14 of the Revised Code, the	63176
foregoing appropriation item 470-609, Employee Food Service, may	63177
be used to purchase any food operational items with funds received	63178
into the fund from reimbursement for state surplus property.	63179

EDUCATION REIMBURSEMENT

63180

The foregoing appropriation item 470-613, Education	63181
Reimbursement, shall be used to fund the operating expenses of	63182
providing educational services to youth supervised by the	63183
Department of Youth Services. Operating expenses include, but are	63184
not limited to, teachers' salaries, maintenance costs, and	63185
educational equipment. This appropriation item shall not be used	63186
for capital expenses.	63187

FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES

63188

Pursuant to section 5139.281 of the Revised Code, funding	63189
provided to a county for the operation and maintenance of each	63190
home shall be in an amount of fifty per cent of the approved	63191
annual operating cost, but shall not be in excess of $156,928 in	63192
each fiscal year.	63193

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	63194
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	63195

On July 1, 2001, responsibility for a federal juvenile	63196
justice program is transferred from the Office of Criminal	63197
Justice Services to the Department of Youth Services. The	63198
Department of Youth Services thereupon and thereafter is successor	63199
to, assumes the obligations of, and otherwise provides for the	63200
continuation of a federal juvenile justice program.	63201

Any business relating to a federal juvenile justice program	63202
commenced but not completed by the Office of Criminal Justice	63203
Services or its director prior to July 1, 2001, shall be	63204
completed by the Department of Youth Services or its director in	63205
the same manner, and with the same effect, as if completed by the	63206
Office of Criminal Justice Services or its director.	63207
Notwithstanding the prior provisions of this section, the Office	63208
of Criminal Justice Services shall maintain responsibility for	63209
closing out all grants received by the Office of Criminal Justice	63210
Services prior to July 1, 2001, under the federal juvenile justice	63211
program. In accordance with an appropriation made to the Office	63212
of Criminal Justice Services, the Office of Criminal Justice	63213
Services may make expenditures from those grants and take all	63214
other appropriate actions related to those grants. The Office of	63215
Criminal Justice Services is responsible for any reporting	63216
responsibilities associated with those grants.	63217

No validation, cure, right, privilege, remedy, obligation,	63218
or liability is lost or impaired by reason of the transfer. All	63219
of the Office of Criminal Justice Services' rules, orders, and	63220
determinations continue in effect as rules, orders, and	63221
determinations of the Department of Youth Services, until modified	63222
or rescinded by the Department of Youth Services. If necessary to	63223
ensure the integrity of the numbering of the Administrative Code,	63224
the Director of the Legislative Service Commission shall renumber	63225
the Office of Criminal Justice Services' rules for a federal	63226
juvenile justice program to reflect the transfer of the program to	63227
the Department of Youth Services.	63228

The employees of the Office of Criminal Justice Services	63229
assigned to work with a federal juvenile justice program are	63230
transferred to the Department of Youth Services and shall retain	63231
their positions and all the benefits accruing thereto.	63232

No action or proceeding pending on July 1, 2001, is affected	63233
by the transfer, and any action or proceeding pending on July 1,	63234
2001, shall be prosecuted or defended in the name of the	63235
Department of Youth Services or its director. In all such actions	63236
and proceedings, the Department of Youth Services or its director	63237
upon application to the court shall be substituted as a party.	63238

Section 117. EXPENDITURES AND APPROPRIATION INCREASES	63239
APPROVED BY THE CONTROLLING BOARD	63240

Any money that the Controlling Board approves for expenditure	63241
or any increase in appropriation authority that the Controlling	63242
Board approves pursuant to the provisions of sections 127.14,	63243
131.35, and 131.39 of the Revised Code or any other provision of	63244
law is appropriated for the period ending June 30, 2003.	63245

Section 118. PERSONAL SERVICE EXPENSES	63246

Unless otherwise prohibited by law, any appropriation from	63247
which personal service expenses are paid shall bear the employer's	63248
share of public employees' retirement, workers' compensation,	63249
disabled workers' relief, and all group insurance programs; the	63250
costs of centralized accounting, centralized payroll processing,	63251
and related personnel reports and services; the cost of the Office	63252
of Collective Bargaining; the cost of the Personnel Board of	63253
Review; the cost of the Employee Assistance Program; the cost of	63254
the Equal Opportunity Center; the costs of interagency information	63255
management infrastructure; and the cost of administering the state	63256
employee merit system as required by section 124.07 of the Revised	63257
Code. These costs shall be determined in conformity with	63258
appropriate sections of law and paid in accordance with procedures	63259
specified by the Office of Budget and Management. Expenditures	63260
from appropriation item 070-601, Public Audit Expense - Local	63261
Government, in Fund 422 may be exempted from the requirements of	63262
this section.	63263

Section 119. REISSUANCE OF VOIDED WARRANTS	63264

In order to provide funds for the reissuance of voided	63265
warrants pursuant to section 117.47 of the Revised Code, there is	63266
appropriated, out of moneys in the state treasury from the fund	63267
credited as provided in section 117.47 of the Revised Code, that	63268
amount sufficient to pay such warrants when approved by the Office	63269
of Budget and Management.	63270

Section 120. * CAPITAL PROJECT SETTLEMENTS

63271

This section specifies an additional and supplemental	63272
procedure to provide for payments of judgments and settlements if	63273
the Director of Budget and Management determines, pursuant to	63274
division (C)(4) of section 2743.19 of the Revised Code, that	63275
sufficient unencumbered moneys do not exist in the particular	63276
appropriation to pay the amount of a final judgment rendered	63277
against the state or a state agency, including the settlement of a	63278
claim approved by a court, in an action upon and arising out of a	63279
contractual obligation for the construction or improvement of a	63280
capital facility if the costs under the contract were payable in	63281
whole or in part from a state capital projects appropriation. In	63282
such a case, the director may either proceed pursuant to division	63283
(C)(4) of section 2743.19 of the Revised Code, or apply to the	63284
Controlling Board to increase an appropriation or create an	63285
appropriation out of any unencumbered moneys in the state treasury	63286
to the credit of the capital projects fund from which the initial	63287
state appropriation was made. The Controlling Board may approve	63288
or disapprove the application as submitted or modified. The	63289
amount of an increase in appropriation or new appropriation	63290
specified in an application approved by the Controlling Board is	63291
hereby appropriated from the applicable capital projects fund and	63292
made available for the payment of the judgment or settlement.	63293

If the director does not make the application authorized by	63294
this section or the Controlling Board disapproves the application,	63295
and the director does not make application pursuant to division	63296
(C)(4) of section 2743.19 of the Revised Code, the director shall	63297
for the purpose of making that payment request to the General	63298
Assembly as provided for in division (C)(5) of that section.	63299

Section 121. INCOME TAX DISTRIBUTION TO COUNTIES	63300

There are hereby appropriated out of any moneys in the state	63301
treasury to the credit of the General Revenue Fund, which are not	63302
otherwise appropriated, funds sufficient to make any payment	63303
required by division (B)(2) of section 5747.03 of the Revised	63304
Code.	63305

Section 122. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	63306
AGAINST THE STATE	63307

Any appropriation may be used for the purpose of satisfying	63308
judgments or settlements in connection with civil actions against	63309
the state in federal court not barred by sovereign immunity or the	63310
Eleventh Amendment to the Constitution of the United States, or	63311
for the purpose of satisfying judgments, settlements, or	63312
administrative awards ordered or approved by the Court of Claims	63313
in connection with civil actions against the state, pursuant to	63314
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	63315
authorization does not apply to appropriations to be applied to or	63316
used for payment of guarantees by or on behalf of the state, for	63317
or relating to lease payments or debt service on bonds, notes, or	63318
similar obligations and those from the Sports Facilities Building	63319
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	63320
Administrative Building Fund (Fund 026), the Adult Correctional	63321
Building Fund (Fund 027), the Juvenile Correctional Building Fund	63322
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	63323
Facilities Building Fund (Fund 030), the Natural Resources	63324
Projects Fund (Fund 031), the School Building Program Assistance	63325
Fund (Fund 032), the Mental Health Facilities Improvement Fund	63326
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	63327
Parks and Recreation Improvement Fund (Fund 035), the State	63328
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	63329
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	63330
other fund into which proceeds of obligations are deposited.	63331
Nothing contained in this section is intended to subject the state	63332
to suit in any forum in which it is not otherwise subject to suit,	63333
nor is it intended to waive or compromise any defense or right	63334
available to the state in any suit against it.	63335

Section 123. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

63336

The maximum amounts that may be assessed against nuclear	63337
electric utilities in accordance with division (B)(2) of section	63338
4937.05 of the Revised Code are as follows:	63339

Section 124. UNCLAIMED FUNDS TRANSER

63349

Notwithstanding division (A) of section 169.05 of the Revised	63350
Code, prior to June 30, 2003, upon the request of the Director of	63351
Budget and Management, the Director of Commerce shall transfer to	63352
the General Revenue Fund up to $30,000,000 of the unclaimed funds	63353
that have been reported by the holder of unclaimed funds as	63354
provided by section 169.05 of the Revised Code, irrespective of	63355
the allocation of the unclaimed funds under that section.	63356

Section 125. GRF TRANSER TO FUND 5N4, ERP PROJECT	63357
IMPLEMENTATION	63358

On July 1, 2001, or as soon thereafter as possible, the	63359
Director of Budget and Management shall transfer $2,432,110 in	63360
cash from the General Revenue Fund to Fund 5N4, ERP Project	63361
Implementation. On July 1, 2002, or as soon thereafter as	63362
possible, the Director of Budget and Management shall transfer	63363
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP	63364
Project Implementation.	63365

Section 126. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

63366

No later than the first day of June in each year of the	63367
biennium, the Director of Budget and Management shall transfer	63368
$1,000,000 from the Corporate and Uniform Commercial Code Filing	63369
Fund to the General Revenue Fund.	63370

Section 127. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

63371

Certain appropriations are in this act for the purpose of	63372
paying debt service and financing costs on general obligation	63373
bonds or notes of the state issued pursuant to the Ohio	63374
Constitution and acts of the General Assembly. If it is	63375
determined that additional appropriations are necessary for this	63376
purpose, such amounts are appropriated.	63377

Section 128.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	63378
STATE	63379

Certain appropriations are in this act for the purpose of	63380
making lease payments pursuant to leases and agreements relating	63381
to bonds or notes issued by the Ohio Building Authority or the	63382
Treasurer of State or, previously, by the Ohio Public Facilities	63383
Commission, pursuant to the Ohio Constitution and acts of the	63384
General Assembly. If it is determined that additional	63385
appropriations are necessary for this purpose, such amounts are	63386
appropriated.	63387

Section 129. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	63388
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	63389

The Office of Budget and Management shall initiate and	63390
process disbursements from lease rental payment appropriation	63391
items during the period from July 1, 2001, to June 30, 2003,	63392
pursuant to leases and agreements relating to bonds or notes	63393
issued under Section 2i of Article VIII, Ohio Constitution, and	63394
Chapters 154. and 3318. of the Revised Code. Disbursements shall	63395
be made upon certification by the Treasurer of State of the dates	63396
and amounts due on those dates.	63397

Section 130.  STATE AND LOCAL REBATE AUTHORIZATION

63398

There is hereby appropriated, from those funds designated by	63399
or pursuant to the applicable proceedings authorizing the issuance	63400
of state obligations, amounts computed at the time to represent	63401
the portion of investment income to be rebated or amounts in lieu	63402
of or in addition to any rebate amount to be paid to the federal	63403
government in order to maintain the exclusion from gross income	63404
for federal income tax purposes of interest on those state	63405
obligations pursuant to section 148(f) of the Internal Revenue	63406
Code.	63407

Rebate payments shall be approved and vouchered by the Office	63408
of Budget and Management.	63409

Section 131. TRANSFERS FROM SPECIFIED FUNDS

63410

Notwithstanding any other provision of law to the contrary,	63411
the Commissioners of the Sinking Fund shall transfer the balance	63412
remaining after provision for payment of all outstanding bonds or	63413
notes, coupons, and charges, from the Improvement Bond Retirement	63414
Fund, the Public Improvement Bond Retirement Fund, and the	63415
Development Bond Retirement Fund, to the General Revenue Fund as	63416
expeditiously as possible upon this act taking effect.	63417

Notwithstanding any other provision of law to the contrary,	63418
the Commissioners of the Sinking Fund shall transfer the balance	63419
remaining after provision for payment of all outstanding bonds or	63420
notes, coupons, and charges, from the Highway Improvement Bond	63421
Retirement Fund, to the Highway Operating Fund as expeditiously as	63422
possible upon taking effect of this act.	63423

Section 132.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	63424
REESTABLISHMENT OF ENCUMBRANCES	63425

Any cash transferred by the Director of Budget and Management	63426
as provided by section 126.15 of the Revised Code is appropriated.	63427
Any amounts necessary to reestablish appropriations or	63428
encumbrances as provided in section 126.15 of the Revised Code are	63429
appropriated.	63430

Section 133.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

63431

Pursuant to the plan for compliance with the Federal Cash	63432
Management Improvement Act required by section 131.36 of the	63433
Revised Code, the Director of Budget and Management is authorized	63434
to cancel and reestablish all or parts of encumbrances in like	63435
amounts within the funds identified by the plan. The amounts	63436
necessary to reestablish all or parts of encumbrances are	63437
appropriated.	63438

Section 134. STATEWIDE INDIRECT COST RECOVERY	63439

Whenever the Director of Budget and Management determines	63440
that an appropriation made to a state agency from a fund of the	63441
state is insufficient to provide for the recovery of statewide	63442
indirect costs pursuant to section 126.12 of the Revised Code, the	63443
amount required for such purpose is appropriated from the	63444
available receipts of such fund.	63445

Section 135.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	63446
INDIRECT COST ALLOCATION PLAN	63447

The total transfers made from the General Revenue Fund by the	63448
Director of Budget and Management pursuant to this section shall	63449
not exceed the amounts transferred into the General Revenue Fund	63450
pursuant to division (B) of section 126.12 of the Revised Code.	63451

A director of an agency may certify to the Director of Budget	63452
and Management the amount of expenses not allowed to be included	63453
in the Statewide Indirect Cost Allocation plan pursuant to federal	63454
regulations, from any fund included in the Statewide Indirect Cost	63455
Allocation plan, prepared as required by section 126.12 of the	63456
Revised Code.	63457

Upon determining that no alternative source of funding is	63458
available to pay for such expenses, the Director of Budget and	63459
Management may transfer from the General Revenue Fund into the	63460
fund for which the certification is made, up to the amount of the	63461
certification. The director of the agency receiving such funds	63462
shall include, as part of the next budget submission prepared	63463
pursuant to section 126.02 of the Revised Code, a request for	63464
funding for such activities from an alternative source such that	63465
further federal disallowances would not be required.	63466

Section 136.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	63467
BALANCES OF OPERATING APPROPRIATIONS	63468

An unexpended balance of an operating appropriation or	63469
reappropriation that a state agency lawfully encumbered prior to	63470
the close of a fiscal year is reappropriated on the first day of	63471
July of the following fiscal year from the fund from which it was	63472
originally appropriated or reappropriated for the following period	63473
and shall remain available only for the purpose of discharging the	63474
encumbrance:	63475

(A) For an encumbrance for personal services, maintenance,	63476
equipment, or items for resale, other than an encumbrance for an	63477
item of special order manufacture not available on term contract	63478
or in the open market or for reclamation of land or oil and gas	63479
wells for a period of not more than five months from the end of	63480
the fiscal year;	63481

(B) For an encumbrance for an item of special order	63482
manufacture not available on term contract or in the open market,	63483
for a period of not more than five months from the end of the	63484
fiscal year or, with the written approval of the Director of	63485
Budget and Management, for a period of not more than twelve months	63486
from the end of the fiscal year;	63487

(C) For an encumbrance for reclamation of land or oil and	63488
gas wells, for a period ending when the encumbered appropriation	63489
is expended or for a period of two years, whichever is less;	63490

(D) For an encumbrance for any other expense, for such	63491
period as the director approves, provided such period does not	63492
exceed two years.	63493

Any operating appropriations for which unexpended balances	63494
are reappropriated beyond a five-month period from the end of the	63495
fiscal year, pursuant to division (B) of this section, shall be	63496
reported to the Controlling Board by the Director of Budget and	63497
Management by the thirty-first day of December of each year. The	63498
report on each such item shall include the item, the cost of the	63499
item, and the name of the vendor. This report to the board shall	63500
be updated on a quarterly basis for encumbrances remaining open.	63501

Upon the expiration of the reappropriation period set out in	63502
divisions (A), (B), (C), or (D) of this section, a reappropriation	63503
made pursuant to this section lapses, and the Director of Budget	63504
and Management shall cancel the encumbrance of the unexpended	63505
reappropriation no later than the end of the weekend following the	63506
expiration of the reappropriation period.	63507

Notwithstanding the preceding paragraph, with the approval of	63508
the Director of Budget and Management, an unexpended balance of an	63509
encumbrance that was reappropriated on the first day of July	63510
pursuant to this section for a period specified in division (C) or	63511
(D) of this section and that remains encumbered at the close of	63512
the fiscal biennium is hereby reappropriated pursuant to this	63513
section on the first day of July of the following fiscal biennium	63514
from the fund from which it was originally appropriated or	63515
reappropriated for the applicable period specified in division (C)	63516
or (D) of this section and shall remain available only for the	63517
purpose of discharging the encumbrance.	63518

If the Controlling Board approved a purchase, that approval	63519
remains in effect as long as the appropriation used to make that	63520
purchase remains encumbered.	63521

Section 137.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

63522

Notwithstanding any provision of law to the contrary, on or	63523
before the first day of September of each fiscal year, the	63524
Director of Budget and Management, in order to reduce the payment	63525
of adjustments to the federal government, as determined by the	63526
plan prepared pursuant to division (A) of section 126.12 of the	63527
Revised Code, may designate such funds as the director considers	63528
necessary to retain their own interest earnings.	63529

Section 138. FAMILY SERVICES STABILIZATION FUND

63530

During fiscal year 2002 the Director of Budget and Management	63531
may transfer up to $100 million in cash from the Family Services	63532
Stabilization Fund to the General Revenue Fund.	63533

Section 139. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT	63534
DISTRIBUTIONS	63535

(A) On or before the third day of each month of the period	63536
July 2001 through May 2002, the Tax Commissioner shall determine	63537
the amounts credited under sections 5727.45, 5733.12, 5739.21,	63538
5741.03, and 5747.03 of the Revised Code, respectively, to the	63539
Local Government Fund, to the Library and Local Government Support	63540
Fund, and to the Local Government Revenue Assistance Fund in the	63541
twelfth preceding month. On or before June 3, 2002, the Tax	63542
Commissioner shall determine the amounts credited under sections	63543
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised	63544
Code, respectively, to the Local Government Fund, to the Library	63545
and Local Government Support Fund, and to the Local Government	63546
Revenue Assistance Fund in June 2000. For purposes of this	63547
section, any amount transferred during the period January 1, 2001,	63548
through June 30, 2001 to the Local Government Fund, to the Local	63549
Government Revenue Assistance Fund, or to the Library and Local	63550
Government Support Fund under section 131.44 of the Revised Code	63551
shall be considered to be an amount credited to that respective	63552
fund under section 5747.03 of the Revised Code.	63553

Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,	63554
and 5747.03 of the Revised Code to the contrary, for each month in	63555
the period July 1, 2001, through June 30, 2003, from the public	63556
utility excise, corporate franchise, sales, use, and personal	63557
income taxes collected:	63558

(1) An amount shall first be credited to the Local Government	63559
Fund that equals the amount credited to that fund from that tax	63560
according to the schedule in division (B) of this section.	63561

(2) An amount shall next be credited to the Local Government	63562
Revenue Assistance Fund that equals the amount credited to that	63563
fund from that tax according to the schedule in division (B) of	63564
this section.	63565

(3) An amount shall next be credited to the Library and Local	63566
Government Support Fund that equals the amount credited to that	63567
fund from that tax according to the schedule in division (B) of	63568
this section.	63569

(B) The amounts shall be credited from each tax to each	63570
respective fund as follows:	63571

(1) In July 2001 and July 2002, the amounts credited in July	63572
2000;	63573

(2) In August 2001 and August 2002, the amounts credited in	63574
August 2000;	63575

(3) In September 2001 and September 2002, the amounts	63576
credited in September 2000;	63577

(4) In October 2001 and October 2002, the amounts credited in	63578
October 2000;	63579

(5) In November 2001 and November 2002, the amounts credited	63580
in November 2000;	63581

(6) In December 2001 and December 2002, the amounts credited	63582
in December 2000;	63583

(7) In January 2002 and January 2003, the amounts credited	63584
in January 2001;	63585

(8) In February 2002 and February 2003, the amounts credited	63586
in February 2001;	63587

(9) In March 2002 and March 2003, the amounts credited in	63588
March 2001;	63589

(10) In April 2002 and April 2003, the amounts credited in	63590
April 2001;	63591

(11) In May 2002 and May 2003, the amounts credited in May	63592
2001;	63593

(12) In June 2002 and June 2003, the amounts credited in June	63594
2000.	63595

(C) Notwithstanding section 5727.84 of the Revised Code to	63596
the contrary, for the period July 1, 2001, through June 30, 2003,	63597
no amounts shall be credited to the Local Government Fund or to	63598
the Local Government Revenue Assistance Fund from the kilowatt	63599
hour tax, and such amounts that would have otherwise been required	63600
to be credited to such funds shall instead be credited to the	63601
General Revenue Fund. Notwithstanding section 131.44 of the	63602
Revised Code to the contrary, for the period July 1, 2001, through	63603
June 30, 2003, no amounts shall be transferred to the Local	63604
Government Fund, the Local Government Revenue Assistance Fund, or	63605
the Library and Local Government Support Fund from the Income Tax	63606
Reduction Fund, and such amounts that would have otherwise been	63607
transferred to such funds from the Income Tax Reduction Fund shall	63608
instead be transferred to the General Revenue Fund.	63609

Notwithstanding any other provision of law to the contrary,	63610
the Tax Commissioner shall compute separate adjustments to the	63611
amounts credited from the public utility excise, corporate	63612
franchise, sales, use, and personal income taxes to the Local	63613
Government Fund, the Local Government Revenue Assistance Fund, and	63614
the Library and Local Government Support Fund during July 2001.	63615
The adjustments shall equal the amount credited to each respective	63616
fund from each respective tax during June 2000 minus the amount	63617
credited to that fund from that tax during June 2001. If an	63618
adjustment is a positive amount, during July 2001, such amount	63619
shall be credited to the Local Government Fund, the Local	63620
Government Revenue Assistance Fund, or the Library and Local	63621
Government Support Fund, as appropriate, and shall be deducted	63622
from the General Revenue Fund. If an adjustment is a negative	63623
amount, during July 2001, such amount shall be deducted from the	63624
Local Government Fund, the Local Government Revenue Assistance	63625
Fund, or the Library and Local Government Support Fund, as	63626
appropriate, and shall be credited to the General Revenue Fund.	63627
Any amount remaining in the Local Government Fund, the Local	63628
Government Revenue Assistance Fund, or the Library and Local	63629
Government Support Fund after the distributions from such funds	63630
are made to local governments in August 2001, shall be certified	63631
by the Tax Commissioner to the Director of Budget and Management	63632
by August 15, 2001, and the Director of Budget and Management	63633
shall transfer such amount from each respective fund to the	63634
General Revenue Fund by August 31, 2001.	63635

For purposes of this section, "pro rata share" means the	63636
percentage calculated for each county and used in each month of	63637
the period July 2000 through June 2001 to distribute the amounts	63638
credited to the Library and Local Government Support Fund in	63639
accordance with section 5747.47 of the Revised Code.	63640

Notwithstanding any other provision of law to the contrary,	63641
in July 2001, each county undivided library and local government	63642
support fund shall receive from the Library and Local Government	63643
Support Fund an amount equal to the amount it would have received	63644
pursuant to section 5747.47 of the Revised Code for that month,	63645
minus its pro rata share of any amount that has been or shall be	63646
transferred from the Library and Local Government Support Fund to	63647
the OPLIN Technology Fund in that month. In August 2001, each	63648
county undivided library and local government support fund shall	63649
receive from the Library and Local Government Support Fund an	63650
amount equal to the amount it received from that fund in July 2000	63651
and August 2000 minus the amount it received from that fund in	63652
July 2001 and minus its pro rata share of any amount transferred	63653
from that fund to the OPLIN Technology Fund in July 2001 or August	63654
2001. In August 2001, each county undivided local government fund	63655
shall receive from the Local Government Fund, each municipality	63656
that receives a distribution directly from the Local Government	63657
Fund shall receive from that fund, and each county undivided local	63658
government revenue assistance fund shall receive from the Local	63659
Government Revenue Assistance Fund an amount equal to the amount	63660
it received from that respective fund in July 2000 and August 2000	63661
minus the amount it received from that respective fund in July	63662
2001. In each month of the periods September 1, 2001, through June	63663
30, 2002, and September 1, 2002, through June 30, 2003, each	63664
county undivided local government fund shall receive from the	63665
Local Government Fund, each municipality that receives a	63666
distribution directly from the Local Government Fund shall receive	63667
from that fund, each county undivided local government revenue	63668
assistance fund shall receive from the Local Government Revenue	63669
Assistance Fund, and each county undivided library and local	63670
government support fund shall receive from the Library and Local	63671
Government Support Fund, the same amount it received from that	63672
respective fund in the corresponding month of the period September	63673
1, 2000, through June 2001. In each month of the period July 1,	63674
2002, through August 31, 2002, and in the month of July 2003, each	63675
county undivided local government fund shall receive from the	63676
Local Government Fund, each municipality that receives a	63677
distribution directly from the Local Government Fund shall receive	63678
from that fund, each county undivided local government revenue	63679
assistance fund shall receive from the Local Government Revenue	63680
Assistance Fund, and each county undivided library and local	63681
government support fund shall receive from the Library and Local	63682
Government Support Fund, the same amount it received from that	63683
respective fund in the corresponding month of the period July 1,	63684
2000, through August 31, 2000. If during any month of the period	63685
September 1, 2001, through July 31, 2003, a transfer is made from	63686
the Library and Local Government Support Fund to the OPLIN	63687
Technology Fund, the amount distributed to each county undivided	63688
library and local government support fund shall be reduced by its	63689
pro rata share of the amount transferred.	63690

During the period July 1, 2001, through July 31, 2003, the	63691
Director of Budget and Management shall issue those directives to	63692
state agencies that are necessary to ensure that the appropriate	63693
amounts are distributed to the Local Government Fund, to the Local	63694
Government Revenue Assistance Fund, and to the Library and Local	63695
Government Support Fund to accomplish the purposes of this	63696
section.	63697

Section 140. BUDGET STABILIZATION FUND TRANSFERS FOR THE	63698
DEPARTMENT OF JOB AND FAMILY SERVICES	63699

Notwithstanding section 131.43 and division (D) of section	63700
127.14 of the Revised Code, if the Director of Budget and	63701
Management, in consultation with the Director of Job and Family	63702
Services, determines that Medicaid expenditures for the biennium	63703
are likely to exceed the amounts appropriated in the Department of	63704
Job and Family Services appropriation item 600-525, Health	63705
Care/Medicaid, the Director of Budget and Management may, with	63706
Controlling Board approval, tranfer up to $150 million in cash	63707
from the Budget Stabilization Fund to the General Revenue Fund and	63708
increase the appropriation to appropriation item 600-525, Health	63709
Care/Medicaid, accordingly. In increasing the appropriation to	63710
appropriation item 600-525, Health Care/Medicaid, the Director of	63711
Budget and Management shall add to the amount transferred from the	63712
Budget Stabilization Fund appropriation amounts that are	63713
attributable to the federal match that is indicated by the state	63714
and federal division of appropriation item 600-525, Health	63715
Care/Medicaid, as represented in this act. Before any transfers	63716
are authorized, the Director of Budget and Management shall	63717
exhaust the possibilities for transfers of moneys within the	63718
Department of Job and Family Services to meet the identified	63719
shortfall.	63720

Section 141. BUDGET STABILIZATION FUND TRANSFERS TO THE	63721
EMERGENCY PURPOSES FUND	63722

Notwithstanding section 131.43 of the Revised Code and	63723
division (D) of section 127.14 of the Revised Code, the Director	63724
of Budget and Management may, with Controlling Board approval,	63725
transfer up to $5 million, in each of fiscal years 2002 and 2003,	63726
from the Budget Stabilization Fund to the Emergency Purposes Fund	63727
of the Controlling Board, which is hereby created in the state	63728
treasury, and establish the necessary appropriation authority. The	63729
Controlling Board may, at the request of any state agency or the	63730
Director of Budget and Management, transfer all or part of the	63731
moneys in the fund for the purpose of providing disaster and	63732
emergency situation aid to state agencies and political	63733
subdivisions in the event of disasters and emergency situations.	63734

Section 142. TRANSFERS TO THE GENERAL REVENUE FUND

63735

Notwithstanding any other provision of law to the contrary,	63736
during fiscal years 2002 and 2003, the Director of Budget and	63737
Management is hereby authorized to transfer cash from non-federal,	63738
non-General Revenue Fund funds that are not constitutionally	63739
restricted to the General Revenue Fund. The total amount of cash	63740
transfers made pursuant to this section to the General Revenue	63741
Fund during fiscal years 2002 and 2003 shall not exceed $30	63742
million.	63743

Section 143.  That Section 5 of Am. Sub. S.B. 50 of the 121st	63744
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	63745
the 123rd General Assembly, be amended to read as follows:	63746

"       Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	63747
General Assembly shall take effect July 1, 2001 October 16, 2003."	63748

Section 144.  That existing Section 5 of Am. Sub. S.B. 50 of	63749
the 121st General Assembly, as most recently amended by Am. Sub.	63750
H.B. 283 of the 123rd General Assembly, is hereby repealed.	63751

Section 145.  That Section 153 of Am. Sub. H.B. 117 of the	63752
121st General Assembly, as most recently amended by Am. Sub. H.B.	63753
283 of the 123rd General Assembly, be amended to read as follows:	63754

"       Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04,	63755
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	63756
5112.18, 5112.19, 5112.21, and 5112.99 of the Revised Code are	63757
hereby repealed, effective July 1 October 16, 2001 2003.	63758

(B) Any money remaining in the Legislative Budget Services	63759
Fund on July 1 October 16, 2001 2003, the date that section	63760
5112.19 of the Revised Code is repealed by division (A) of this	63761
section, shall be used solely for the purposes stated in then	63762
former section 5112.19 of the Revised Code. When all money in the	63763
Legislative Budget Services Fund has been spent after then former	63764
section 5112.19 of the Revised Code is repealed under division (A)	63765
of this section, the fund shall cease to exist."	63766

Section 146.  That existing Section 153 of Am. Sub. H.B. 117	63767
of the 121st General Assembly, as most recently amended by Am.	63768
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed.	63769

Section 147. That Section 3 of Am. Sub. H.B. 440 of the 121st	63770
General Assembly, as most recently amended by Sub. S.B. 245 of the	63771
123rd General Assembly, be amended to read as follows:	63772

"       Sec. 3.  Sections 122.23, 122.24, 122.25, 122.26, and 122.27	63773
of the Revised Code are hereby repealed, effective July 1, 2001	63774
2003."	63775

Section 148. That existing Section 3 of Am. Sub. H.B. 440 of	63776
the 121st General Assembly, as most recently amended by Sub. S.B.	63777
245 of the 123rd General Assembly, is hereby repealed.	63778

Section 149.  That Section 3 of Am. Sub. H.B. 215 of the	63779
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	63780
123rd General Assembly, be amended to read as follows:	63781

"       Sec. 3.  Section 1751.68 of the Revised Code is hereby	63782
repealed, effective July 1, 2001 October 16, 2003."	63783

Section 150.  That existing Section 3 of Am. Sub. H.B. 215 of	63784
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	63785
123rd General Assembly, is hereby repealed.	63786

Section 151. That Section 3 of Am. Sub. H.B. 621 of the 122nd	63787
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	63788
the 123rd General Assembly, be amended to read as follows:	63789

"       Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	63790
901.83 of the Revised Code are hereby repealed, effective July 1,	63791
2001 2003."	63792

Section 152. That existing Section 3 of Am. Sub. H.B. 621 of	63793
the 122nd General Assembly, as most recently amended by Am. Sub.	63794
H.B. 283 of the 123rd General Assembly, is hereby repealed.	63795

Section 153. That Section 9 of Am. Sub. S.B. 192 of the 123rd	63796
General Assembly be amended to read as follows:	63797

"       Sec. 9.  All items set forth in this section are hereby	63798
appropriated out of any moneys in the state treasury to the credit	63799
of the Law Enforcement Improvements Trust Fund (Fund J87) that are	63800
not otherwise appropriated.	63801

Appropriations

AGO ATTORNEY GENERAL

63802

Section 154. That existing Section 9 of Am. Sub. S.B. 192 of	63810
the 123rd General Assembly is hereby repealed.	63811

Section 155. That Section 18 of Am. Sub. S.B. 192 of the	63812
123rd General Assembly, as amended by Sub. S.B. 346 of the 123rd	63813
General Assembly, be amended to read as follows:	63814

"       Sec. 18.  (A) The Tobacco Oversight Accountability Panel is	63815
hereby created. The committee shall consist of the Director of	63816
Budget and Management or the Director's designee, three members of	63817
the House of Representatives appointed by the Speaker of the House	63818
of Representatives, no more than two of whom shall belong to the	63819
same political party as the Speaker, and three members of the	63820
Senate appointed by the President of the Senate, no more than two	63821
of whom shall belong to the same political party as the President.	63822

(B) The Panel shall develop appropriate achievement	63823
benchmarks for each of the following:	63824

(1) The Tobacco Use Prevention and Cessation Trust Fund;

63825

(2) The Law Enforcement Improvements Trust Fund;

63826

(3) The Southern Ohio Agricultural and Community Development	63827
Trust Fund;	63828

(4) Ohio's Public Health Priorities Trust Fund;

63829

(5) The Biomedical Research and Technology Transfer Trust	63830
Fund;	63831

(6) The Education Facilities Trust Fund;

63832

(7) The Education Technology Trust Fund.

63833

(C) On or before July 1 December 31, 2001, the Panel shall	63834
submit a report describing the achievement benchmarks developed	63835
under division (B) of this section to the Governor, the General	63836
Assembly, and the chairpersons and ranking minority members of the	63837
finance committees of the Senate and House of Representatives.	63838
Upon submitting the report, the panel shall cease to exist."	63839

Section 156. That existing Section 18 of Am. Sub. S.B. 192	63840
of the 123rd General Assembly, as amended by Sub. S.B. 346 of the	63841
123rd General Assembly, is hereby repealed.	63842

Section 157. That Section 4 of Am. S.B. 210 of the 123rd	63843
General Assembly be amended to read as follows:	63844

"       Sec. 4.  (A) There is hereby created the Civil Service	63845
Review Commission. The Commission shall consist of the following	63846
members:	63847

(1) Three members of the Senate appointed by the President	63848
of the Senate, with at least one member from the minority party;	63849

(2) Three members of the House of Representatives appointed	63850
by the Speaker of the House of Representatives, with at least one	63851
member from the minority party;	63852

(3) Nine members appointed by the Governor, of whom one	63853
shall be the Director of Administrative Services or the Director's	63854
designee, one shall be from a union representing the largest	63855
number of state employees, one shall be from a union representing	63856
the largest number of local government employees, two shall be	63857
recommended by a statewide organization representing counties, two	63858
shall be recommended by a statewide organization representing	63859
municipal corporations, and two shall represent the public.	63860

All appointments shall be made not later than one month after	63861
the effective date of this section September 22, 2000. The	63862
Commission shall be co-chaired by a member of the House of	63863
Representatives designated by the Speaker of the House of	63864
Representatives and a member of the Senate designated by the	63865
President of the Senate. The co-chairs shall alternate chairing	63866
meetings of the Commission by agreement of the co-chairs.	63867

(B) The Commission shall review civil service laws and	63868
practice under those laws in Ohio. In conducting the review, the	63869
Commission shall conduct a comprehensive analysis of Ohio's civil	63870
service laws as set forth in the Revised Code and associated	63871
rules, including an analysis of how the laws and any associated	63872
rules are applied in practice by public entities across Ohio.	63873
Additionally, the Commission may review decisions of the Personnel	63874
Board of Review created in section 124.05 of the Revised Code or	63875
other administrative and judicial bodies to determine how	63876
decisions of the Board or those other bodies influence the	63877
interpretation or application of civil service laws. The	63878
Commission also may review practices and innovations of public	63879
entities in other states. The Commission may call witnesses and	63880
review any other information that it determines to be appropriate	63881
and may consider recommendations of the Governor's Management	63882
Improvement Commission.	63883

(C) Upon completion of its review under division (B) of this	63884
section, but not later than nine months after all of the	63885
appointments have been made under division (A) of this section	63886
December 31, 2001, the Commission shall issue a report to the	63887
President of the Senate and the Speaker of the House of	63888
Representatives. The report shall identify current statutes,	63889
rules, practices, and procedures and shall make recommendations	63890
for changes to those statutes, rules, practices, and procedures	63891
that the Commission determines necessary to improve them. Upon	63892
issuance of the report under this division, the Commission ceases	63893
to exist."	63894

Section 158. That existing Section 4 of Am. S.B. 210 of the	63895
123rd General Assembly is hereby repealed.	63896

Section 159. That Sections 9a and 28.43 of Sub. S.B. 245 of	63897
the 123rd General Assembly be amended to read as follows:	63898

Reappropriations

"       Sec. 9a.  DYS DEPARTMENT OF YOUTH SERVICES

63899

MUSKINGUM COUNTY JUVENILE JUSTICE CENTER

63903

The amount reappropriated for the foregoing appropriation	63904
item CAP-830, Muskingum County Juvenile Justice Center, shall be	63905
$600,000.	63906

Sec. 28.43. SOC SOUTHERN STATE COMMUNITY COLLEGE

63907

CLINTON COUNTY FACILITY

63912

The amount reappropriated for the foregoing appropriation	63913
item CAP-022, Clinton County Facility, shall be the sum of the	63914
unencumbered and unallotted balances as of June 30, 2000, in	63915
appropriation item CAP-022, plus $70,142."	63916

Section 160. That existing Sections 9a and 28.43 of Sub. S.B.	63917
245 of the 123rd General Assembly is hereby repealed.	63918

Section 161. That Sections 10 and 13 of Am. Sub. S.B. 287 of	63919
the 123rd General Assembly be amended to read as follows:	63920

"       Sec. 10. The excise tax imposed by section 5727.811 of the	63921
Revised Code shall first apply to every natural gas distributed	63922
distribution company for all natural gas volumes billed by, or on	63923
behalf of, the company on and after July 1, 2001. Before that	63924
date, a natural gas distribution company shall register with the	63925
Tax Commissioner in accordance with section 5727.93 of the Revised	63926
Code, as amended by this act Am. Sub. S.B. 287 of the 123rd	63927
General Assembly.	63928

Sec. 13. (A) The amendment or enactment by this act Am. Sub.	63929
S.B. 287 of the 123rd General Assembly of sections 5733.053,	63930
5733.06, 5733.40, 5747.221, and 5747.24 of the Revised Code first	63931
applies to tax year 2002.	63932

(B) The amendment by Am. Sub. S.B. 287 of the 123rd General	63933
Assembly of section 5733.40 of the Revised Code applies to taxable	63934
years beginning in 2001 or thereafter."	63935

Section 162. That existing Sections 10 and 13 of Am. Sub.	63936
S.B. 287 of the 123rd General Assembly are hereby repealed.	63937

Section 163. That Section 129 of Am. Sub. H.B. 283 of the	63938
123rd General Assembly be amended to read as follows:	63939

"       Sec. 129.  MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY	63940
BEDS	63941

(A) During Notwithstanding sections 5123.042 and 5123.19 of	63942
the Revised Code, during the period beginning July 1, 1999 2001,	63943
and ending June 30, 2001 October 15, 2003, the Department Director	63944
of Mental Retardation and Developmental Disabilities shall not	63945
issue refuse to approve a proposal for the development approval	63946
for, nor of residential facility beds or to issue a license under	63947
section 5123.19 of the Revised Code, new residential facility if	63948
the approval or issuance will result in an increase in the number	63949
of residential facility beds for persons with mental retardation	63950
or developmental disabilities, except that the department may	63951
approve the development or licensure, or both, of such new beds in	63952
an emergency. The department shall adopt rules in accordance with	63953
Chapter 119. of the Revised Code specifying what constitutes an	63954
emergency for the purposes of this section above the statewide	63955
total number of residential facility beds on October 28, 1993. For	63956
purposes of identifying the number of beds that existed on that	63957
date, the Director shall include the number of nursing home beds	63958
that were being operated under section 5123.192 of the Revised	63959
Code as intermediate care facility for the mentally retarded beds	63960
certified by the Department of Health under Title XIX of the	63961
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	63962
amended. A modification, replacement, or relocation of existing	63963
beds in a residential facility licensed under section 5123.19 of	63964
the Revised Code shall not be considered an increase described in	63965
this division. The director shall adopt rules in accordance with	63966
Chapter 119. of the Revised Code specifying what constitutes a	63967
modification or replacement of existing beds.	63968

(B) For the purposes of division (A) of this section, the	63969
following shall not be considered new beds:	63970

(1) Beds relocated from one facility to another, if the	63971
facility from which the beds are relocated reduces the number of	63972
its beds by the same number of beds that are relocated to the	63973
other facility;	63974

(2) Beds to replace others that the Director of Health	63975
determines no longer comply with the standards of the Medical	63976
Assistance Program established under Chapter 5111. of the Revised	63977
Code and Title XIX of the Social Security Act, 49 Stat. 620	63978
(1935), 42 U.S.C.A. 301, as amended Notwithstanding the	63979
requirement of division (A) of this section that the director	63980
refuse to issue a license under section 5123.19 of the Revised	63981
Code if the issuance will result in an increase in the number of	63982
residential facility beds, but subject to the limitation imposed	63983
under division (C) of this section, during the period beginning on	63984
July 1, 2001, and ending on October 15, 2003, the director may	63985
issue a license under section 5123.19 of the Revised Code for beds	63986
described in section 5123.192 of the Revised Code if the applicant	63987
for the license meets the requirements for licensure under section	63988
5123.19 of the Revised Code and either of the following applies:.	63989

(1) The applicant is the entity that holds the controlling	63990
interest in the right to operate the beds pursuant to a	63991
certificate of need granted under section 3702.52 of the Revised	63992
Code;	63993

(2) The applicant is not the entity that holds the	63994
controlling interest in the right to operate those beds pursuant	63995
to a certificate of need granted under section 3702.52 of the	63996
Revised Code, but prior to July 1, 2001, the director approved the	63997
applicant's proposal for the development of residential facility	63998
beds by converting the beds to beds licensed under section 5123.19	63999
of the Revised Code.	64000

(C) The director shall authorize under division (B) of	64001
this section no additional beds beyond those being converted to	64002
residential facility beds licensed under section 5123.19 of the	64003
Revised Code."	64004

Section 164. That existing Section 129 of Am. Sub. H.B. 283	64005
of the 123rd General Assembly is hereby repealed.	64006

Section 165. That Section 1 of Sub. H.B. 574 of the 123rd	64007
General Assembly be amended to read as follows:	64008

"       Sec. 1.  (A) Within thirty days after the effective date of	64009
this act Not later than January 31, 2001, a joint legislative	64010
committee shall be appointed to study the impact of high	64011
technology start-up businesses on economic development and small	64012
businesses in this state and certain other matters. The committee	64013
shall consist of seventeen members, two of whom shall serve as	64014
co-chairpersons, as follows:	64015

(1) Three members from the House of Representatives, two of	64016
whom shall be appointed by the Speaker of the House of	64017
Representatives and one of whom shall be appointed by the Minority	64018
Leader of the House of Representatives. The Speaker of the House	64019
of Representatives shall designate one of the members appointed by	64020
the Speaker as a co-chairperson of the committee.	64021

(2) Three members from the Senate, two of whom shall be	64022
appointed by the President of the Senate and one of whom shall be	64023
appointed by the Minority Leader of the Senate. The President of	64024
the Senate shall appoint one of the members appointed by the	64025
President as a co-chairperson of the committee.	64026

(3) One former member of the House of Representatives	64027
appointed by the Speaker of the House of Representatives;	64028

(4) One former member of the Senate appointed by the	64029
President of the Senate;	64030

(5) One member, appointed by the Speaker of the House of	64031
Representatives, who shall represent the venture capital industry	64032
in the state;	64033

(6) One member, appointed by the President of the Senate,	64034
who shall be an attorney and an expert in high-technology legal	64035
issues;	64036

(7) Six members appointed by the Governor, three of whom	64037
shall represent a different private business association in the	64038
state, one of whom shall represent an Ohio labor organization, one	64039
of whom shall represent an Edison Center, as defined in division	64040
(A) of section 122.15 of the Revised Code, and one of whom shall	64041
be a member of the Governor's Small Business Advisory Council;	64042

(8) The Director of Development or the Director's designee.

64043

(B) The members of the committee shall serve without	64044
compensation, but shall be reimbursed for their actual and	64045
necessary travel and other expenses incurred in the performance of	64046
their official duties as committee members. Witnesses called to	64047
testify before the committee shall be reimbursed for their actual	64048
and necessary travel expenses incurred in attending committee	64049
hearings. These and other expenses associated with the	64050
committee's performance of its functions shall be paid from any	64051
funds appropriated for the operation of committees of the General	64052
Assembly.	64053

(C) The committee shall examine how to retain high	64054
technology start-up businesses in the state, the factors	64055
motivating these businesses to locate in the state or to relocate	64056
out of the state, and the overall impact of these businesses on	64057
economic development and small businesses in Ohio. The committee	64058
shall submit a report along with its recommendations based on the	64059
study to the General Assembly by August March 1, 2001 2002. Upon	64060
submitting its report and recommendations, the committee shall	64061
cease to exist."	64062

Section 166. That existing Section 1 of Sub. H.B. 574 of the	64063
123rd General Assembly is hereby repealed.	64064

Section 167. * That Sections 6.02, 9, 21.01, and 23 of Am.	64065
Sub. H.B. 640 of the 123rd General Assembly be amended to read as	64066
follows:	64067

"       Sec. 6.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION	64068

GREAT LAKES LEAGUE BASEBALL STADIUM IN LAKE COUNTY

64075

Notwithstanding division (F) of section 3383.07 of the	64076
Revised Code, all or a portion of the foregoing appropriation item	64077
CAP-818, Great Lakes League Baseball Stadium in Lake County, may	64078
be expended for the cost of preparing a financial and development	64079
plan or feasibility study, and purchasing engineering and	64080
architectural services, designs, plans, specifications, surveys,	64081
and estimates of costs for that Great Lakes League Baseball	64082
Stadium in Lake County. Any amount expended for that purpose from	64083
the appropriation shall count toward the maximum fifteen percent	64084
of the construction cost of the sports facility to be paid from	64085
state funds.	64086

COOPER STADIUM RELOCATION FEASIBILITY STUDY

64087

Notwithstanding division (F) of section 3383.07 of the	64088
Revised Code, all or a portion of the foregoing appropriation item	64089
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	64090
expended for the cost of preparing a financial and development	64091
plan or feasibility study, renovation, and purchasing engineering	64092
and architectural services, designs, plans, specifications,	64093
surveys, and estimates of costs for that Cooper Stadium. Any	64094
amount expended for that purpose from the appropriation shall	64095
count toward the maximum fifteen percent of the construction cost	64096
of the sports facility to be paid from state funds.	64097

Sec. 9.  All items set forth in this section are hereby	64098
appropriated out of any moneys in the state treasury to the credit	64099
of the Waterways Safety Fund (Fund 086), which are not otherwise	64100
appropriated.	64101

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

64102

Sec. 21.01. ADA DEPARTMENT OF ALCOHOL AND DRUG

64112

ADDICTION SERVICES

64113

COMMUNITY ASSISTANCE PROJECTS

64117

Of the foregoing appropriation item CAP-002, Community	64118
Assistance Projects, $225,000 shall be used for the Adelante Drug	64119
and Alcohol Treatment Facility, $100,000 shall be used for the	64120
Foundations Recovery Center, and $40,000 shall be used for the	64121
Sojourner Women's and Children's Outpatient Center.	64122

RESPONSIBILITY FOR FACILITIES

64123

No portion of the foregoing appropriation item, CAP-002,	64124
Community Assistance Projects, shall be used for the Hamilton	64125
County Alcohol and Drug Addiction Services Center or the Stark	64126
County Alcohol and Drug Addiction Services Center until the	64127
Department of Alcohol and Drug Addiction Services and the county	64128
in which the facility is located first enter into an agreement	64129
regarding the transfer of the title of the facility and the	64130
associated property from the state to the county in which it is	64131
located. If the county refuses or otherwise fails to enter into	64132
an agreement on or before June 30, 2001, the department may	64133
transfer title to the facility and associated property to any	64134
other person or entity when the transfer is deemed advantageous to	64135
the state. It shall be specified in the agreement that when title	64136
to the facility and associated property is transferred, then	64137
immediately upon the transfer of title the transferee shall assume	64138
all responsibility, including financial responsibility, for the	64139
facility and associated property. The foregoing condition placed	64140
on the release of funds to the Hamilton County Alcohol and Drug	64141
Addiction Services Center and the Stark County Alcohol and Drug	64142
Addiction Services Center shall not apply if such release of funds	64143
is necessary to protect the health and safety of the Center	64144
patients.	64145

Sec. 23.  All items set forth in this section are hereby	64146
appropriated out of any moneys in the state treasury to the credit	64147
of the Parks and Recreation Improvement Fund (Fund 035) created by	64148
division (F) of section 154.22 of the Revised Code, derived from	64149
the proceeds of obligations heretofore and herein authorized, to	64150
pay costs of capital facilities, as defined in section 154.01 of	64151
the Revised Code, for parks and recreation.	64152

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

64153

FEDERAL REIMBURSEMENT

64169

All reimbursements received from the federal government for	64170
any expenditures made pursuant to this section shall be deposited	64171
in the state treasury to the credit of the Parks and Recreation	64172
Improvement Fund (Fund 035).	64173

LOCAL PARKS PROJECTS

64174

Of the foregoing appropriation item CAP-748, Local Parks	64175
Projects, $100,000 shall be used for the Darke County Park	64176
District; $750,000 $500,000 shall be used for Erie Metro Parks	64177
Land Acquisition; $40,000 shall be used for Grove City Fryer Park	64178
Improvements; $60,000 shall be used for Ritter Park Improvements;	64179
$125,000 shall be used for Highland Community Park Improvements;	64180
$12,500 shall be used for Big Prairie/Lakeville Park Improvements;	64181
$25,000 shall be used for Holmes County Park Improvements; $25,000	64182
shall be used for Stockport Riverfront Park Improvements; $50,000	64183
shall be used for Silver Park Improvements; $50,000 shall be used	64184
for New Philadelphia City Park Improvements; $100,000 shall be	64185
used for Dover Park Improvements; $40,000 shall be used for	64186
Newcomerstown Park Improvements; $60,000 shall be used for	64187
Sugarcreek Park Improvements; $20,000 shall be used for Dodge Park	64188
Improvements; $20,000 shall be used for Grandview Park	64189
Improvements; $6,500 shall be used for Crossroads Park	64190
Improvements; $38,000 shall be used for Wauseon Park Land	64191
Acquisition; $450,000 shall be used for Barberton Park	64192
Improvements; $150,000 shall be used for Black Swamp Land	64193
Acquisition Improvements; $50,000 shall be used for Felicity Park	64194
Improvements; $50,000 shall be used for Cincinnati Whitewater	64195
Canal Tunnel Park; $75,000 shall be used for the Walbridge Parks	64196
Improvements; $50,000 shall be used for the Village of Richwood	64197
Parks; $112,000 shall be used for the West Creek Preserve - City	64198
of Parma; $100,000 shall be used by the West Creek Preservation	64199
Committee for a West Creek Watershed Project; and $350,000 shall	64200
be used for Stark County Parks.	64201

LOCAL PARKS PROJECTS - RIVERFRONT PLAZA

64202

Of the foregoing appropriation item CAP-748, Local Parks	64203
Projects, $1,000,000 shall be used for Riverfront Plaza in	64204
Cincinnati. The Director of Natural Resources shall study and	64205
determine whether it is feasible and suitable to include the	64206
Riverfront Plaza in the state park system.	64207

STATEWIDE TRAILS PROGRAM

64208

Of the foregoing appropriation item CAP-876, Statewide Trails	64209
Program, $2,000,000 shall be used for the Ohio to Erie Bike Trail	64210
in Greene County, Madison County, and Clark County; $125,000 shall	64211
be used for the Bike Path Extension in Delaware County; $150,000	64212
shall be used for the Village Green Hillside Bike/Hike Path in	64213
Butler County; $150,000 shall be used for the Pleasant Run Creek	64214
Bike/Hike Path in Butler County; $500,000 shall be used for the	64215
Delhi Nature Trail in Hamilton County; $50,000 shall be used for	64216
the New Richmond Bike Path; and $50,000 shall be used for the Lake	64217
to River Greenway Bike Path in Trumbull County.	64218

SCIOTO RIVERFRONT IMPROVEMENTS

64219

Of the foregoing appropriation item CAP-787, Scioto	64220
Riverfront Improvements, $7,750,000 shall be used for Spring and	64221
Long Park and $1,425,000 shall be used for Whittier peninsula	64222
property acquisition and demolition.	64223

STATE PARK RENOVATIONS/UPGRADING

64224

Of the foregoing appropriation item CAP-836, State Park	64225
Renovations/Upgrading, $50,000 shall be used for the Kennedy Stone	64226
House Improvements in Salt Fork State Park."	64227

Section 168. * That existing Sections 6.02, 9, 21.01, and 23	64228
of Am. Sub. H.B. 640 of the 123rd General Assembly are hereby	64229
repealed.	64230

Section 169. * That Sections 6.01 and 18 of Am. Sub. H.B.	64231
640 of the 123rd General Assembly, as most recently amended by Am.	64232
Sub. S.B. 346 of the 123rd General Assembly, be amended to read as	64233
follows:	64234

Appropriations

"       Sec. 6.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

64235

RURAL AREAS HISTORICAL PROJECTS

64241

From the foregoing appropriation item CAP-785, Rural Areas	64242
Historical Projects, grants shall be made for the following	64243
projects:	64244

RURAL AREAS COMMUNITY IMPROVEMENTS

64287

From the foregoing appropriation item CAP-786, Rural Areas	64288
Community Improvements, grants shall be made for the following	64289
projects:	64290

ROSS COUNTY MULTI-PURPOSE FACILITY

64398

Of the foregoing appropriation item CAP-786, Rural Areas	64399
Community Improvements, the $50,000 earmarked for the Ross County	64400
Multi-Purpose Facility is for a feasibility study for the	64401
facility. Yoctangee Park in Chillicothe, Ohio, is specifically	64402
excluded as a site from any feasibility study for a multi-purpose	64403
facility.	64404

PORTAGE COUNTY SHERIFF'S DEPARTMENT SHOOTING RANGE

64405

Of the foregoing appropriation item CAP-786, Rural Areas	64406
Community Improvements, the $200,000 earmarked for the Portage	64407
County Sheriff's Department Shooting Range shall be distributed to	64408
the Portage County Sheriff's Department for utilization by that	64409
department for a training facility. Any structure so constructed	64410
with these funds shall be used by the Portage County Sheriff's	64411
Department as a training facility for ten years or moneys must be	64412
repaid to the state by Portage County. The Portage County	64413
Sheriff's Department may contract with other law enforcement	64414
agencies to use the training facility.	64415

URBAN AREAS COMMUNITY IMPROVEMENTS

64416

From the foregoing appropriation item CAP-817, Urban Areas	64417
Community Improvements, grants shall be made for the following	64418
projects:	64419

COMMUNITY THEATRE RENOVATIONS

64493

From the foregoing appropriation item CAP-818, Community	64494
Theatre Renovations, grants shall be made for the following	64495
projects:	64496

Sec. 18.  All items set forth in this section are hereby	64507
appropriated out of any moneys in the state treasury to the credit	64508
of the Arts Facilities Building Fund (Fund 030). Revenues to the	64509
Arts Facilities Building Fund shall consist of proceeds of	64510
obligations authorized to pay costs of the following capital	64511
improvements:	64512

Appropriations

AFC ARTS FACILITIES COMMISSION

64513

Section 170. * That existing Sections 6.01 and 18 of Am.	64548
Sub. H.B. 640 of the 123rd General Assembly, as most recently	64549
amended by Am. Sub. S.B. 346, are hereby repealed.	64550

Section 171. That Section 4 of Am. Sub. H.B. 478 of the 119th	64551
General Assembly, as amended by Am. Sub. S.B. 300 of the 121st	64552
General Assembly and Am. Sub. H.B. 215 of the 122nd General	64553
Assembly, is hereby repealed.	64554

The intent of this repeal is to remove the limitation imposed	64555
by Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly	64556
upon the continued existence of sections 3702.71, 3702.72,	64557
3702.73, 3702.74, 3702.75, 3702.76, 3702.77, 3702.78, 3702.79,	64558
3702.80, and 3702.81 of the Revised Code. This intent is not	64559
affected by the rule of construction in section 1.57 of the	64560
Revised Code.	64561

Section 172. That Section 18 of Am. Sub. H.B. 650 of the	64562
122nd General Assembly, as most recently amended by Sub. S.B. 245	64563
of the 123rd General Assembly, is hereby repealed.	64564

Section 173. That Section 17 of Am. Sub. H.B. 282 of the	64565
123rd General Assembly, as most recently amended by Sub. S.B. 245	64566
of the 123rd General Assembly, is hereby repealed.	64567

Section 174. That Section 180 of Am. Sub. H.B. 283 of the	64568
123rd General Assembly is hereby repealed.	64569

Section 175. That Section 9 of Sub. S.B. 245 of the 123rd	64570
General Assembly is hereby repealed.	64571

Section 176. That Section 15 of Am. Sub. S.B. 287 of the	64572
123rd General Assembly is hereby repealed.	64573

Section 177. * All items set forth in this section are	64574
hereby appropriated out of any moneys in the state treasury to the	64575
credit of the School Building Program Assistance Fund (Fund 032),	64576
created under section 3318.25 of the Revised Code, derived from	64577
the proceeds of obligations heretofore and herein authorized to	64578
pay the cost of facilities for a system of common schools	64579
throughout the state for the period beginning July 1, 2002, and	64580
ending June 30, 2004.	64581

SFC SCHOOL FACILITIES COMMISSION

64582

SCHOOL BUILDING PROGRAM ASSISTANCE

64586

The foregoing appropriation item CAP-770, School Building	64587
Program Assistance, shall be used by the School Facilities	64588
Commission to provide funding to school districts that receive	64589
conditional approval from the Commission pursuant to Chapter 3318.	64590
of the Revised Code.	64591

Expenditures from appropriations contained in this section	64592
may be accounted for as though made in the main capital	64593
appropriations act for the fiscal year 2003-2004 biennium enacted	64594
by the 124th General Assembly. The School Facilities Commission	64595
shall not commit any of the appropriations made in this section	64596
until after July 1, 2002.	64597

Section 178. The Ohio Public Facilities Commission is hereby	64598
authorized to issue and sell, in accordance with the provisions of	64599
Section 2n of Article VIII, Ohio Constitution, and Chapter 151.	64600
and particularly sections 151.01 and 151.03 of the Revised Code,	64601
original obligations in an aggregate principal amount not to	64602
exceed $300,000,000 to pay the costs associated with previously	64603
authorized capital facilities and the capital facilities	64604
authorized in the immediately preceding section of this act for	64605
the School Building Assistance Program for the School Facilities	64606
Commission to distribute in accordance with their rules and	64607
guidelines pursuant to Chapter 3318. of the Revised Code.	64608

Section 179. The Office of Criminal Justice Services and the	64609
Department of Job and Family Services shall enter into an	64610
interagency agreement for the transfer to the Office of the	64611
Department's duties, records, assets, and liabilities related to	64612
the administration of funds received under the "Family Violence	64613
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	64614
10401, as amended.	64615

Section 180. WOMEN'S POLICY AND RESEARCH COMMISSION FUND	64616
TRANSFERS	64617

Notwithstanding any other provision of law to the contrary,	64618
the Director of Budget and Management shall transfer any remaining	64619
amounts of cash from the specified obsolete fund to the General	64620
Revenue Fund (Fund GRF) within thirty days after the effective	64621
date of this section: Women's Policy and Research Commission, Fund	64622
4V9, Women's Policy and Research Commission Fund.	64623

Section 181.  OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.

64624

The Ohio Family and Children First Cabinet Council shall	64625
conduct an assessment of the need for and resources available for	64626
services and programs that serve children under six years of age.	64627
The assessment shall include identifying supports available to	64628
those services and programs and gaps in services across Ohio, as	64629
well as a review of existing state laws and administrative	64630
procedures related to those services and programs. Based on its	64631
assessment, the Cabinet Council shall develop, in consultation	64632
with early childhood, business, and community organizations, a	64633
strategic plan that does both of the following:	64634

(1) Identifies goals for developing an integrated system of	64635
early care and education for families with children under six	64636
years of age.	64637

(2) Recommends specific steps that must be taken to	64638
accomplish those goals, including establishing linkages between	64639
schools and early childhood programs to ensure successful	64640
transitions for children and their families. The recommendations	64641
included in the strategic plan shall maximize opportunities for	64642
existing programs and services to blend funding sources and work	64643
together.	64644

The Cabinet Council shall provide copies of the strategic	64645
plan to the Governor, Speaker and Minority Leader of the House of	64646
Representatives, and the President and Minority Leader of the	64647
Senate not later than June 30, 2002.	64648

Section 182. On the effective date of this section, the Mine	64649
Examining Board is abolished and all of its functions and assets,	64650
liabilities, equipment, and records, irrespective of form or	64651
medium, are transferred to the Chief of the Division of Mineral	64652
Resources Management in the Department of Natural Resources and	64653
the Reclamation Commission, as provided in Section 1 of this act.	64654
The Chief and the Reclamation Commission, as appropriate, are	64655
thereupon and thereafter successor to, assume the obligations of,	64656
and otherwise constitute the continuation of the Mine Examining	64657
Board.	64658

Any business commenced, but not completed by, the Mine	64659
Examining Board on the effective date of this section shall be	64660
completed by the Chief or the Reclamation Commission, as	64661
appropriate. No validation, cure, right, privilege, remedy,	64662
obligation, or liability is lost or impaired by reason of the	64663
transfer required by this section, but shall be administered by	64664
the Chief or the Reclamation Commission, as appropriate. All of	64665
the Mine Examining Board's rules, orders, and determinations	64666
continue in effect as rules, orders, and determinations of the	64667
Chief and the Reclamation Commission, as appropriate, until	64668
modified or rescinded by the Chief or the Reclamation Commission,	64669
as appropriate.	64670

Subject to the lay-off provisions of sections 124.321 to	64671
124.328 of the Revised Code, all the employees of the Mine	64672
Examining Board are transferred to the Division of Mineral	64673
Resources Management and the Reclamation Commission, as	64674
appropriate.	64675

Whenever the Mine Examining Board is referred to in any law,	64676
contract, or other document, the reference shall be deemed to	64677
refer to the Chief of the Division of Mineral Resources Management	64678
or the Reclamation Commission, as appropriate.	64679

No action or proceeding pending on the effective date of this	64680
section is affected by the transfer, and shall be prosecuted or	64681
defended in the name of the Chief or the Reclamation Commission,	64682
as appropriate. In all such actions and proceedings, the Chief or	64683
the Reclamation Commission, as appropriate, shall be substituted	64684
as a party upon application by the receiving entity to the court	64685
or other appropriate tribunal.	64686

Section 183.  EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	64687
FACILITIES	64688

Notwithstanding any other provisions of law to the contrary,	64689
the School Facilities Commission may provide assistance under the	64690
Exceptional Needs Pilot Program to any school district and not	64691
exclusively a school district in the lowest 50 per cent of	64692
adjusted valuation per pupil on the fiscal year 1999 ranking of	64693
school districts established pursuant to section 3317.02 of the	64694
Revised Code, for the purpose of the relocation or replacement of	64695
school facilities required as a result of extreme environmental	64696
contamination. If in the assessment of the school district's	64697
classroom facilities needs conducted under the Exceptional Needs	64698
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the	64699
122nd General Assembly, the commission determines that all the	64700
school district's classroom facilities ultimately will require	64701
replacement under sections 3318.01 to 3318.20 of the Revised Code,	64702
then the commission may undertake a district-wide project under	64703
sections 3318.01 to 3318.20 of the Revised Code.	64704

The School Facilities Commission shall contract with an	64705
independent environmental consultant to conduct a study and to	64706
report to the commission as to the seriousness of the	64707
environmental contamination, whether the contamination violates	64708
applicable state and federal standards, and whether the facilities	64709
are no longer suitable for use as school facilities. The	64710
commission then shall make a determination regarding funding for	64711
the relocation or replacement of the school facilities. If the	64712
federal government or other public or private entity provides	64713
funds for restitution of costs incurred by the state or school	64714
district in the relocation or replacement of the school	64715
facilities, the school district shall use such funds in excess of	64716
the school district's share to refund the state for the state's	64717
contribution to the environmental contamination portion of the	64718
project. The school district may apply an amount of such	64719
restitution funds up to an amount equal to the school district's	64720
portion of the project, as defined by the commission, toward	64721
paying its portion of that project to reduce the amount of bonds	64722
the school district otherwise must issue to receive state	64723
assistance under sections 3318.01 to 3318.20 of the Revised Code.	64724

Section 184.  (A) The Ohio School Facilities Commission may	64725
commit up to thirty-five million dollars to the Canton City School	64726
District for construction of a facility described in this section,	64727
in lieu of a high school that would otherwise be authorized under	64728
Chapter 3318. of the Revised Code. The commission shall not	64729
commit funds under this section unless all of the following	64730
conditions are met:	64731

(1) The district has entered into a cooperative agreement	64732
with a state-assisted technical college.	64733

(2) The district has received an irrevocable commitment of	64734
additional funding from nonpublic sources.	64735

(3) The facility is intended to serve both secondary and	64736
postsecondary instructional purposes.	64737

(B) The commission shall enter into an agreement with the	64738
district for the construction of the facility authorized under	64739
this section that is separate from and in addition to the	64740
agreement required for the district's participation in the	64741
Classroom Facilities Assistance Program under section 3318.08 of	64742
the Revised Code. Notwithstanding that section and sections	64743
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	64744
agreement shall provide, but not be limited to, the following:	64745

(1) The commission shall not have any oversight	64746
responsibilities over the construction of the facility.	64747

(2) The facility need not comply with the specifications for	64748
plans and materials for high schools adopted by the commission.	64749

(3) The commission may decrease the basic project cost that	64750
would otherwise be calculated for a high school under Chapter	64751
3318. of the Revised Code.	64752

(4) The state shall not share in any increases in the basic	64753
project cost for the facility above the amount authorized under	64754
this section.	64755

All other provisions of Chapter 3318. of the Revised Code	64756
apply to the approval and construction of a facility authorized	64757
under this section.	64758

The state funds committed to the facility authorized by this	64759
section shall be part of the total amount the state commits to the	64760
Canton City School District under Chapter 3318. of the Revised	64761
Code. All additional state funds committed to the Canton City	64762
School District for classroom facilities assistance shall be	64763
subject to all provisions of Chapter 3318. of the Revised Code.	64764

Section 185. Not later than July 1, 2001, the Tax	64765
Commissioner shall certify to the Department of Education for each	64766
city, local, and exempted village school district the total	64767
federal adjusted gross income of the residents of the school	64768
district, based on tax returns filed by the residents of the	64769
district, for each of the three most recent years for which this	64770
information is available. The Department shall use the information	64771
certified under this section to compute each district's state	64772
parity aid funding under section 3317.0217 of the Revised Code in	64773
fiscal year 2002.	64774

Section 186. Not later than March 1, 2003, the Department of	64775
Job and Family Services shall certify to the State Board of	64776
Education, for the month of October in 1998, 1999, 2000, 2001, and	64777
2002, the unduplicated number of children ages five through	64778
seventeen residing in each school district and living in a family	64779
that had family income not exceeding the federal poverty	64780
guidelines, as defined in section 5101.46 of the Revised Code, and	64781
that participated in one of the following:	64782

(A) Ohio Works First;

64783

(B) The food stamp program;

64784

(C) The medical assistance program, including the Healthy	64785
Start program, established under Chapter 5111. of the Revised	64786
Code;	64787

(D) The Children's Health Insurance Program Part I	64788
established under section 5101.50 of the Revised Code or, prior to	64789
fiscal year 2000, an executive order issued under section 107.17	64790
of the Revised Code;	64791

(E) The disability assistance program established under	64792
Chapter 5115. of the Revised Code.	64793

The Department of Job and Family Services shall report this	64794
information according to the school district of residence for each	64795
child in the same manner as required by section 3317.10 of the	64796
Revised Code. It is the intent of the General Assembly that in	64797
making this report, the Department of Job and Family Services will	64798
utilize the same, or substantially similar, computer programming	64799
as it developed to assist the Legislative Office of Education	64800
Oversight in developing the report "A New Poverty Indicator to	64801
Distribute Disadvantaged Pupil Impact Aid (DPIA)."	64802

The Department of Education shall use the information	64803
reported under this section to calculate five-year averages in	64804
order to make payments to school districts under section 3317.029	64805
of the Revised Code in fiscal year 2004 and subsequent fiscal	64806
years.	64807

Section 187. The Department of Education shall consider the	64808
feasiability and desirability of relocating the department staff	64809
responsible for gifted education from the Center for Students,	64810
Families, and Communities to the Center for Curriculum and	64811
Assessment.	64812

Section 188. There is hereby created the Instructional	64813
Subsidy and Challenge Review Committee. The Committee shall	64814
contain eleven members: the Chancellor of the Ohio Board of	64815
Regents or the chancellor's designee; two representatives of	64816
two-year colleges and two representatives of the state	64817
universities identified in section 3345.011 of the Revised Code,	64818
all four of whom shall be appointed jointly by the President of	64819
the Senate and the Speaker of the House of Representatives; three	64820
members of the Senate appointed by the President of the Senate,	64821
two of whom shall be members of the majority party and one of whom	64822
shall be a member of the minority party; and three members of the	64823
House of Representatives appointed by the Speaker of the House,	64824
two of whom shall be members of the majority party and one of whom	64825
shall be a member of the minority party. The Committee shall	64826
perform a comprehensive review of the allocation formula for the	64827
State Share of Instruction appropriation item as well as all of	64828
the "Challenge" appropriation items contained in the Board of	64829
Regents' budget and shall issue a report containing its	64830
recommendations to the General Assembly not later than December	64831
31, 2001. Upon issuance of its report, the Committee shall cease	64832
to exist.	64833

Section 189. The Arts Facilities Building Fund and Sports	64834
Facilities Building Fund created by section 3383.09 of the Revised	64835
Code are the same as the Arts Facilities Building Fund and the	64836
Sports Facilities Building Fund from which appropriations are made	64837
in Am. Sub. H.B. 640 of the 123rd General Assembly.	64838

Section 190. An owner or operator of a facility that is	64839
regulated under Chapter 1509. of the Revised Code who submits the	64840
filing fees that the owner or operator is required to submit under	64841
section 3750.13 of the Revised Code, as amended by this act, by	64842
the first day of March of the year following the effective date of	64843
this section shall be deemed to have satisfied all filing,	64844
listing, and notification requirements and all late fees,	64845
penalties, and interest and to have satisfied all other monetary	64846
obligations that were imposed on that person under Chapter 3750.	64847
of the Revised Code prior to that date. As used in this section,	64848
"facility" has the same meaning as in section 3750.01 of the	64849
Revised Code.	64850

Section 191. Section 3704.034 of the Revised Code, as amended	64851
by this act, and sections 3745.10 and 3745.15 of the Revised Code,	64852
as enacted by this act, apply only to applications for permits,	64853
including modifications and renewals, and for plan approvals that	64854
are submitted to the Director of Environmental Protection on and	64855
after the effective date of this section.	64856

Section 192. (A) Notwithstanding section 4717.07 of the	64857
Revised Code as amended by this act, the Board of Embalmers and	64858
Funeral Directors shall charge and collect the following fees for	64859
the renewal of licenses that expire on December 31, 2001:	64860

(1) Sixty dollars for renewal of an embalmer's or funeral	64861
director's license;	64862

(2) One hundred twenty-five dollars for renewal of a license	64863
to operate a funeral home;	64864

(3) One hundred dollars for renewal of a license to operate	64865
an embalming facility;	64866

(4) One hundred dollars for renewal of a license to operate	64867
a crematory facility.	64868

(B) Notwithstanding section 4717.08 of the Revised Code as	64869
amended by this act, every license issued under Chapter 4717. of	64870
the Revised Code expires on December 31, 2001, and shall be	64871
renewed on or before that date according to the standard license	64872
renewal procedure set forth in Chapter 4745. of the Revised Code.	64873

Section 193. Unless five licensed embalmers and practicing	64874
funeral directors are serving on the Board of Embalmers and	64875
Funeral Directors on the effective date of this section, the first	64876
person appointed to fill a vacancy occurring on the Board on or	64877
after that date under section 4717.02 of the Revised Code, as	64878
amended by this act, shall be a licensed embalmer and practicing	64879
funeral director with at least ten consecutive years of experience	64880
in this state immediately preceding the date of the person's	64881
appointment.	64882

Section 194. Notwithstanding section 4775.08 of the Revised	64883
Code, as amended by this act, during calendar year 2001, the	64884
initial and annual renewal fee for a motor vehicle collision	64885
repair registration certificate and for a temporary motor vehicle	64886
collision repair registration certificate is one hundred dollars	64887
for each business location at which the motor vehicle collision	64888
repair operator conducts business as an operator. However, the	64889
Board of Motor Vehicle Collision Repair Registration may adjust	64890
the fee in the same manner as provided in division (A) of section	64891
4775.08 of the Revised Code, as amended by this act.	64892

Section 195. (A) In prescribing distinguishing	64893
characteristics for a driver's license issued to a person who is	64894
under twenty-one years of age, the Registrar of Motor Vehicles	64895
shall consider both of the following:	64896

(1) Formatting the license vertically;

64897

(2) Conspicuously indicating the month, day, and years on	64898
which the licensee becomes eighteen and twenty-one years of age.	64899

(B) In accordance with section 4507.13 of the Revised Code,	64900
the Registrar may prescribe either or both of the distinguishing	64901
driver's license characteristics considered under this section.	64902

Section 196. The Legislative Service Commission shall study	64903
the fiscal impact on state revenues of extending the Ohio coal tax	64904
credit for two years under section 5733.39 of the Revised Code.	64905
Not later than July 1, 2002, the Commission shall report its	64906
findings to the Speaker and Minority Leader of the House of	64907
Representatives and the President and Minority Leader of the	64908
Senate.	64909

Section 197. (A) As used in this section:

64910

(1) "Amnesty" means forgiving a taxpayer's liability for	64911
penalties and one-half of the interest that accrue on account of	64912
the late payment, nonpayment, underreporting, or unreporting of	64913
qualifying delinquent taxes.	64914

(2) "Qualifying delinquent taxes" means taxes imposed under	64915
division (B) of section 5709.01, section 5727.24, 5727.30,	64916
5733.06, 5733.41, 5739.02 (except division (C) of section	64917
5739.02), 5739.021, 5739.023, 5739.026, 5741.02, 5741.021,	64918
5741.022, 5741.023, 5747.02, or 5747.41, or sections 5747.06 and	64919
5747.07 of the Revised Code, that, on May 1, 2001, were due and	64920
payable from a taxpayer or employer, that were unreported or	64921
underreported, and that remain unpaid. "Qualifying delinquent	64922
taxes" does not include taxes for which a notice of assessment or	64923
audit has been issued, a bill has been issued, or an audit is	64924
currently being or has been conducted.	64925

(3) "Taxpayer" means any individual or other person, as	64926
defined in section 5701.01 or 5711.01 of the Revised Code, that is	64927
subject to taxes imposed under division (B) of section 5709.01,	64928
section 5727.24, 5727.30, 5733.06, 5733.41, 5739.02, 5739.021,	64929
5739.023, 5739.026, 5741.02, 5741.021, 5741.022, 5741.023,	64930
5747.02, or 5747.41 of the Revised Code, including any vendor	64931
subject to sections 5739.03 and 5739.12 of the Revised Code, any	64932
seller subject to section 5741.04 or 5741.12 of the Revised Code,	64933
any employer subject to section 5747.06 or 5747.07 of the Revised	64934
Code, and any qualifying entity as defined in section 5733.40 of	64935
the Revised Code.	64936

(B)(1) Beginning on October 15, 2001, and ending on January	64937
15, 2002, if a taxpayer that owes qualifying delinquent taxes pays	64938
the full amount of qualifying delinquent taxes and one-half of any	64939
interest to the Treasurer of State, in the form and manner	64940
prescribed by the Tax Commissioner, the Tax Commissioner shall	64941
grant amnesty for any penalties and one-half of the interest that	64942
otherwise are imposed as a result of delinquency in the payment of	64943
those taxes.	64944

(2) Beginning October 15, 2001, and ending January 15, 2002,	64945
if a taxpayer that owes qualifying delinquent taxes imposed	64946
pursuant to division (B) of section 5709.01 of the Revised Code	64947
files a return with the Tax Commissioner, in the form and manner	64948
prescribed by the Tax Commissioner, listing all property not	64949
previously listed for taxation, the Tax Commissioner shall issue a	64950
preliminary assessment certificate to the proper county auditor	64951
and grant amnesty for any penalties that otherwise may be imposed	64952
on the qualifying delinquent taxes. Upon receiving such a	64953
preliminary assessment certificate, the county auditor shall	64954
compute the amount of taxes due plus one-half of the interest	64955
prescribed by sections 5711.32 and 5719.041 of the Revised Code.	64956
The county treasurer shall collect from the taxpayer the tax and	64957
interest so computed as otherwise prescribed by section 5711.33 of	64958
the Revised Code. No payment otherwise prescribed by division (G)	64959
of section 321.24 of the Revised Code shall be made on account of	64960
such a taxpayer. Notwithstanding any section of the Revised Code	64961
to the contrary, the Tax Commissioner shall not furnish to any	64962
county auditor information pertaining to the exemption from	64963
taxation provided under division (C)(3) of section 5709.01 of the	64964
Revised Code insofar as that information relates to a such a	64965
taxpayer.	64966

(3) The Tax Commissioner shall prescribe forms on which	64967
taxpayers may apply for amnesty. The Tax Commissioner may require	64968
taxpayers applying for amnesty to file returns or reports,	64969
including amended returns and reports, that otherwise would be	64970
required.	64971

(C) If a taxpayer pays qualifying delinquent taxes as	64972
prescribed in division (B) of this section, no criminal	64973
prosecution or civil action shall be brought thereafter against	64974
the taxpayer and no assessment shall be issued thereafter against	64975
the taxpayer on account of the qualifying delinquent taxes paid.	64976

(D) Qualifying delinquent taxes and interest collected	64977
under this section shall be credited to the General Revenue Fund,	64978
except for qualifying delinquent taxes imposed pursuant to	64979
division (B) of section 5709.01 of the Revised Code, which the	64980
county auditor shall credit to the proper taxing district, and	64981
except for those imposed pursuant to sections 5739.021, 5739.023,	64982
and 5739.026 of the Revised Code, which shall be distributed as	64983
required under division (B) of section 5739.21 of the Revised	64984
Code, and those imposed pursuant to sections 5741.021, 5741.022,	64985
and 5741.023, of the Revised Code which shall be distributed as	64986
required under division (B) of section 5741.03 of the Revised	64987
Code.	64988

(E) This section is hereby repealed, effective January 16,	64989
2002.	64990

Section 198. The credit allowed by section 5747.29 of the	64991
Revised Code shall not be claimed for taxable year 2001 or 2002.	64992

Section 199. Except as otherwise specifically provided in	64993
this act, the codified sections of law amended or enacted in this	64994
act, and the items of law of which the codified sections of law	64995
amended or enacted in this act are composed, are subject to the	64996
referendum. Therefore, under Ohio Constitution, Article II,	64997
Section 1c and section 1.471 of the Revised Code, the codified	64998
sections of law amended or enacted by this act, and the items of	64999
law of which the codified sections of law as amended or enacted by	65000
this act are composed, take effect on the ninety-first day after	65001
this act is filed with the Secretary of State. If, however, a	65002
referendum petition is filed against any such codified section of	65003
law as amended or enacted by this act, or against any item of law	65004
of which any such codified section of law as amended or enacted by	65005
this act is composed, the codified section of law as amended or	65006
enacted, or item of law, unless rejected at the referendum, takes	65007
effect at the earliest time permitted by law.	65008

Section 200. Except as otherwise specifically provided in	65009
this act, the repeal by this act of a codified section of law is	65010
subject to the referendum. Therefore, under Ohio Constitution,	65011
Article II, Section 1c and section 1.471 of the Revised Code, the	65012
repeal by this act of a codified section of law takes effect on	65013
the ninety-first day after this act is filed with the Secretary of	65014
State. If, however, a referendum petition is filed against any	65015
such repeal, the repeal, unless rejected at the referendum, takes	65016
effect at the earliest time permitted by law.	65017

Section 201. Sections 105.41, 107.10, 111.16, 111.18, 111.23,	65018
111.25, 121.40, 122.011, 133.06, 147.01, 147.02, 147.03, 147.05,	65019
147.06, 147.13, 147.14, 147.37, 147.371, 166.03, 181.52, 901.43,	65020
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401,	65021
1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42,	65022
1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1501.40,	65023
1502.12, 1701.05, 1701.07, 1701.81, 1702.05, 1702.06, 1702.43,	65024
1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 1703.27, 1705.05,	65025
1705.06, 1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03,	65026
1747.04, 1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09,	65027
1782.433, 1785.06, 2303.20, 3301.70, 3302.041, 3313.603, 3314.08,	65028
3314.09, 3314.091, 3317.012, 3317.013, 3317.014, 3317.02,	65029
3317.021, 3317.022, 3317.024, 3317.029, 3317.0210, 3317.0212,	65030
3317.0213, 3317.0216, 3317.0217, 3317.03, 3317.05, 3317.051,	65031
3317.06, 3317.064, 3317.161 (3317.052), 3317.162 (3317.053),	65032
3317.11, 3317.13, 3317.16, 3317.19, 3317.20, 3318.042, 3318.52,	65033
3323.09, 3323.091, 3333.043, 3333.21, 3333.22, 3702.68, 3721.07,	65034
3721.51, 3721.56, 3734.57, 3745.014, 3745.11, 3745.22, 3769.08,	65035
3769.20, 3773.56, 3923.28, 3923.30, 4115.10, 4301.43, 4503.10,	65036
4503.102, 4503.12, 4503.182, 4505.061, 4506.08, 4507.24, 4507.50,	65037
4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69, 4734.20,	65038
4761.05, 4771.22, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20,	65039
4779.26, 4905.87, 5101.071 (5101.251), 5101.521, 5101.821,	65040
5101.85, 5101.853 (5101.851), 5101.852, 5101.854 (5101.853),	65041
5103.07, 5111.041, 5111.042, 5111.081, 5111.171, 5111.231,	65042
5111.25, 5111.251, 5111.262, 5111.28, 5111.29, 5111.34, 5111.87	65043
(5111.871), 5111.872, 5111.873, 5123.01, 5123.041, 5123.044,	65044
5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410,	65045
5123.0411, 5123.0412, 5123.0413, 5123.082, 5123.71, 5123.76,	65046
5126.01, 5126.035, 5126.041, 5126.042, 5126.046, 5126.05,	65047
5126.051, 5126.053, 5126.054, 5126.055, 5126.056, 5126.057,	65048
5126.06, 5126.071, 5126.08, 5126.11, 5126.12, 5126.15, 5126.16,	65049
5126.18, 5126.19, 5126.20, 5126.22, 5126.221, 5126.25, 5126.31,	65050
5126.311, 5126.313, 5126.32, 5126.357, 5126.431, 5139.11, 5703.49,	65051
5705.091, 5705.19, 5705.41, 5705.44, 5725.31, 5727.84, 5727.85,	65052
5729.07, 5733.122, 5733.351, 5733.42, 5747.39, and 6109.21 of the	65053
Revised Code as amended or enacted by this act, and the items of	65054
law of which such sections as amended or enacted by this act are	65055
composed, are not subject to the referendum. Therefore, under	65056
Ohio Constitution, Article II, Section 1d and section 1.471 of the	65057
Revised Code, such sections as amended or enacted by this act, and	65058
the items of law of which such sections as amended or enacted by	65059
this act are composed, go into immediate effect when this act	65060
becomes law.	65061

Section 202. (A) The amendment by this act removing language	65062
from division (B)(1)(e) of section 125.22 of the Revised Code	65063
constitutes an item of law that is subject to the referendum.	65064
Therefore, under Ohio Constitution, Article II, Section 1c and	65065
section 1.471 of the Revised Code, the item takes effect on the	65066
ninety-first day after this act is filed with the Secretary of	65067
State. If, however, a referendum petition is filed against the	65068
item, the item, unless rejected at the referendum, takes effect at	65069
the earliest time permitted by law.	65070

(B) The amendment by this act inserting division (A)(20)	65071
into section 125.22 of the Revised Code constitutes an item of law	65072
that is not subject to the referendum. Therefore, under Ohio	65073
Constitution, Article II, Section 1d and section 1.471 of the	65074
Revised Code, the item goes into immediate effect when this act	65075
becomes law.	65076

Section 203. (A) The amendment by this act removing language	65077
from division (B)(2) of section 3318.04 of the Revised Code	65078
constitutes an item of law that is subject to the referendum.	65079
Therefore, under Ohio Constitution, Article II, Section 1c and	65080
section 1.471 of the Revised Code, the item takes effect on the	65081
ninety-first day after this act is filed with the Secretary of	65082
State. If, however, a referendum petition is filed against the	65083
item, the item, unless rejected at the referendum, takes effect at	65084
the earliest time permitted by law.	65085

(B) The amendment by this act inserting division (B)(3) into	65086
section 3318.04 of the Revised Code constitutes an item of law	65087
that is not subject to the referendum. Therefore, under Ohio	65088
Constitution, Article II, Section 1d and section 1.471 of the	65089
Revised Code, the item goes into immediate effect when this act	65090
becomes law.	65091

Section 204. (A) The amendment by this act removing language	65092
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting	65093
language into what are now divisions (G)(3) and (H), of section	65094
3734.82 of the Revised Code constitutes an item of law that is	65095
subject to the referendum. Therefore, under Ohio Constitution,	65096
Article II, Section 1c and section 1.471 of the Revised Code, the	65097
item takes effect on the ninety-first day after this act is filed	65098
with the Secretary of State. If, however, a referendum petition	65099
is filed against the item, the item, unless rejected at the	65100
referendum, takes effect at the earliest time permitted by law.	65101

(B) The amendment by this act to former division (G)(3) (now	65102
division (G)(2)) of section 3734.82 of the Revised Code	65103
constitutes an item of law that is not subject to the referendum.	65104
Therefore, under Ohio Constitution, Article II, Section 1d and	65105
section 1.471 of the Revised Code, the item goes into immediate	65106
effect when this act becomes law.	65107

Section 205. (A) The amendment by this act inserting	65108
language into division (G) of section 5119.01 of the Revised Code	65109
constitutes an item of law that is subject to the referendum.	65110
Therefore, under Ohio Constitution, Article II, Section 1c and	65111
section 1.471 of the Revised Code, the item takes effect on the	65112
ninety-first day after this act is filed with the Secretary of	65113
State. If, however, a referendum petition is filed against the	65114
item, the item, unless rejected at the referendum, takes effect at	65115
the earliest time permitted by law.	65116

(B) The amendment by this act removing language from	65117
division (I) of section 5119.01 of the Revised Code constitutes an	65118
item of law that is not subject to the referendum. Therefore,	65119
under Ohio Constitution, Article II, Section 1d and section 1.471	65120
of the Revised Code, the item goes into immediate effect when this	65121
act becomes law.	65122

Section 206. The repeal by this act of section 3317.0215 of	65123
the Revised Code is not subject to the referendum. Therefore,	65124
under Ohio Constitution, Article II, Section 1d and section 1.471	65125
of the Revised Code, the repeal goes into immediate effect when	65126
this act becomes law.	65127

Section 207. The repeals of sections 166.032, 1329.68,	65128
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and	65129
5126.054 of the Revised Code constitute items of law that are not	65130
subject to the referendum. Therefore, under Ohio Constitution,	65131
Article II, Section 1d and section 1.471 of the Revised Code, the	65132
repeals go into immediate effect when this act becomes law.	65133

Section 208. * Sections 121.04, 1501.04, and 3517.092 of the	65134
Revised Code, as amended by this act, and the repeal by this act	65135
of sections 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06,	65136
1553.07, 1553.08, 1553.09, 1553.10, and 1553.99 of the Revised	65137
Code shall take effect July 1, 2002.	65138

Section 209. * Section 5104.341 of the Revised Code, as	65139
amended by this act, shall take effect January 1, 2002.	65140

Section 210. Sections 5739.032, 5739.07, 5739.102, 5739.12,	65141
5739.121, 5739.13, 5741.10, and 5741.12 of the Revised Code, as	65142
amended by this act, shall take effect January 1, 2002. Sections	65143
5733.02, 5733.021, 5733.12, and 5733.18 of the Revised Code, as	65144
amended by this act, shall take effect July 1, 2002. Sections	65145
3734.904, 4301.422, 4303.33, 4303.331, 5727.25, 5727.26, 5727.82,	65146
5728.08, 5735.06, 5735.061, 5743.62, 5743.63, 5745.03, 5745.04,	65147
and 5749.06 of the Revised Code, as amended by this act, shall	65148
take effect January 1, 2003.	65149

Section 211. The amendment by this act of sections 126.21,	65150
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal	65151
years beginning with fiscal year 2003.	65152

Section 212. The enactment of section 1309.525 of the Revised	65153
Code by this act is contingent upon and takes effect only if S.B.	65154
74 of the 124th General Assembly becomes law and section 1309.40	65155
of the Revised Code is repealed by that latter act.	65156

Section 213. Section 3317.10 of the Revised Code, as amended	65157
by this act, shall take effect January 1, 2003.	65158

Section 214. (A) Sections 1345.21, 4707.01, 4707.011,	65159
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071,	65160
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12,	65161
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21,	65162
4707.23, and 4707.99 of the Revised Code, as amended by this act,	65163
shall take effect on October 1, 2001, or the earliest date	65164
thereafter permitted by law.	65165

(B)(1) On the effective date under division (A) of this	65166
section of the sections as amended, the licensing functions of the	65167
Department of Commerce under Chapter 4707. of the Revised Code are	65168
transferred to the Department of Agriculture. The Department of	65169
Agriculture thereupon and thereafter assumes these functions.	65170

Any business commenced but not completed by the Department of	65171
Commerce on that effective date shall be completed by the Director	65172
or Department of Agriculture in the same manner, and with the same	65173
effect, as if completed by the Director or Department of Commerce.	65174
No validation, cure, right, privilege, remedy, obligation, or	65175
liability is lost or impaired by reason of the transfer of	65176
functions required by this section and shall be administered by	65177
the Director or Department of Agriculture. All of the Department	65178
of Commerce's rules, orders, and determinations continue in effect	65179
as rules, orders, and determinations of the Department of	65180
Agriculture until modified or rescinded by the Department of	65181
Agriculture. If necessary to ensure the integrity of the	65182
numbering of the Administrative Code, the Director of the	65183
Legislative Service Commission shall renumber the Department of	65184
Commerce's relevant rules as appropriate to reflect their transfer	65185
to the Department of Agriculture.	65186

No employees of the Department of Commerce are transferred to	65187
the Department of Agriculture. The Director of Agriculture may	65188
create up to three additional full-time positions for the	65189
administration of the licensing functions of Chapter 4707. of the	65190
Revised Code assumed by the Director and Department payable out of	65191
the unexpended balances transferred to the Department of	65192
Agriculture under division (B)(2) of this section.	65193

(2) The Director of Budget and Management shall determine the	65194
amount of unexpended balances in the Department of Commerce	65195
appropriation accounts that pertain to auctioneers and the	65196
licensing functions of the Department of Commerce under Chapter	65197
4707. of the Revised Code and shall recommend to the Controlling	65198
Board the transfer of such unexpended balances to the Department	65199
of Agriculture.	65200

In preparation for the transfer of the licensing functions	65201
under Chapter 4707. of the Revised Code from the Department of	65202
Commerce to the Department of Agriculture, on October 1, 2001, or	65203
thereafter, the Director of Budget and Management also may	65204
recommend to the Controlling Board the transfer of such moneys in	65205
the unexpended balances in the appropriations to the Department of	65206
Commerce to the Department of Agriculture prior to the effective	65207
date of the transfer as will enable the Department of Agriculture	65208
to effectively prepare for the transfer of duties. The Department	65209
of Commerce shall provide full and timely information to the	65210
Controlling Board to facilitate this transfer.	65211

(3) Whenever the Director or Department of Commerce is	65212
referred to in any law, contract, or other document relating to	65213
the transferred functions, the reference shall be deemed to refer	65214
to the Director or Department of Agriculture, whichever is	65215
appropriate.	65216

No action or proceeding pending on the effective date of this	65217
section is affected by the transfer, and shall be prosecuted or	65218
defended in the name of the Director or Department of Agriculture.	65219
In all such actions, the Director or Department of Agriculture	65220
upon application to the court shall be substituted as a party.	65221

Section 215. (A) There is hereby transferred to the	65222
Governor's Advisory Council on Physical Fitness and Sports, all	65223
books, records, documents, files, transcripts, and other materials	65224
that are in the possession of the Physical Fitness and Sports	65225
Advisory Board, as they existed immediately prior to the effective	65226
date of sections 3701.77, 3701.771, and 3701.772 of the Revised	65227
Code, as amended by this act.	65228

(B) All moneys appropriated or reappropriated to the Board	65229
for the performance of the duties, powers, obligations, and	65230
functions, and the exercise of the rights, that are transferred by	65231
this act to the Council, to the extent of the remaining unexpended	65232
or unencumbered balance of the appropriations or reappropriations,	65233
whether obligated or unobligated, are hereby transferred to the	65234
Council for performing the duties, powers, obligations, and	65235
functions, and exercising the rights of the Council. Payments for	65236
liabilities for expenses incurred before or after the effective	65237
date of sections 3701.77, 3701.771, and 3701.772 of the Revised	65238
Code, as amended by this act, shall be made on separate vouchers	65239
or certificates approved by the Council.	65240

(C) All rules, acts, determinations, approvals, and	65241
decisions of the Board pertaining to the duties, powers,	65242
obligations, and functions that are transferred and assigned by	65243
this act to the Council and that are in effect at the time of the	65244
transfer shall continue in force as rules, acts, determinations,	65245
approvals, and decisions of the Board until they are duly	65246
modified, superseded, or repealed by the Council, as appropriate.	65247
Whenever the duties, powers, obligations, and functions of the	65248
Board that are transferred by this act to the Council are referred	65249
to or designated in any law, contract, or other document	65250
pertaining to those duties, powers, obligations, or functions,	65251
including the reference to the Board within section 27 of Sub.	65252
H.B. 670 of the 121st General Assembly as subsequently amended,	65253
the reference or designation shall be considered, as appropriate,	65254
to be a reference or designation to the Council and to the duties,	65255
powers, obligations, and functions as transferred to it.	65256

No existing right or remedy of any character shall be lost,	65257
impaired, or affected by reason of the transfer, except as insofar	65258
as that remedy or right shall be administered, as appropriate, by	65259
the Council instead of the Board.	65260

Section 216. Except as otherwise specifically provided in	65261
this act, the uncodified sections of law amended or enacted in	65262
this act, and the items of law of which the uncodified sections of	65263
law amended or enacted in this act are composed, are not subject	65264
to the referendum. Therefore, under Ohio Constitution, Article	65265
II, Section 1d and section 1.471 of the Revised Code, the	65266
uncodified sections of law amended or enacted in this act, and the	65267
items of law of which the uncodified sections of law amended or	65268
enacted in this act are composed, go into immediate effect when	65269
this act becomes law.	65270

Section 217. Uncodified sections of law amended or enacted in	65271
this act, and items of law contained within the uncodified	65272
sections of law amended or enacted in this act, that are marked	65273
with an asterisk are subject to the referendum. Therefore, under	65274
Ohio Constitution, Article II, Section 1c and section 1.471 of the	65275
Revised Code, the uncodified sections and items of law marked with	65276
an asterisk take effect on the ninety-first day after this act is	65277
filed with the Secretary of State. If, however, a referendum	65278
petition is filed against an uncodified section or item of law	65279
marked with an asterisk, the uncodified section or item of law	65280
marked with an asterisk, unless rejected at the referendum, takes	65281
effect at the earliest time permitted by law.	65282

If the amending and existing repeal clauses commanding the	65283
amendment of an uncodified section of law are both marked with	65284
asterisks, the uncodified section as amended is deemed also to	65285
have been marked with an asterisk.	65286

An asterisk marking an uncodified section or item of law has	65287
the form *.	65288

This section defines the meaning and form of, but is not	65289
itself to be considered marked with, an asterisk.	65290

Section 218. The amendment to Section 10 of Am. Sub. S.B. 287	65291
of the 123rd General Assembly constitutes an item of law that is	65292
subject to the referendum. Therefore, under Ohio Constitution,	65293
Article II, Section 1c and section 1.471 of the Revised Code, the	65294
item takes effect on the ninety-first day after this act is filed	65295
with the Secretary of State. If, however, a referendum petition	65296
is filed against the item, the item, unless rejected at the	65297
referendum, takes effect at the earliest time permitted by law.	65298

Section 219. The amendments by this act to Section 5 of Am.	65299
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.	65300
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.	65301
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.	65302
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.	65303
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.	65304
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am.	65305
Sub. H.B. 283 of the 123rd General Assembly constitute items of	65306
law that are not subject to the referendum. Therefore, under Ohio	65307
Constitution, Article II, Section 1d and section 1.471 of the	65308
Revised Code, the items go into immediate effect when this act	65309
becomes law.	65310

Section 220. The repeals by this act of Section 18 of Am.	65311
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of	65312
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to	65313
the referendum. Therefore, under Ohio Constitution, Article II,	65314
Section 1d and section 1.471 of the Revised Code, the repeals go	65315
into immediate effect when this act becomes law.	65316

Section 221. If the amendment or enactment in this act of a	65317
codified or uncodified section of law is subject to the	65318
referendum, the corresponding indications in the amending,	65319
enacting, or existing repeal clauses commanding the amendment or	65320
enactment also are subject to the referendum, along with the	65321
amendment or enactment. If the amendment or enactment by this act	65322
of a codified or uncodified section of law is not subject to the	65323
referendum, the corresponding indications in the amending,	65324
enacting, or existing repeal clauses commanding the amendment or	65325
enactment also are not subject to the referendum, the same as the	65326
amendment or enactment.	65327

Section 222. An item, other than an amending, enacting, or	65328
repealing clause, that composes the whole or part of an uncodified	65329
section contained in this act has no effect after June 30, 2003,	65330
unless its context clearly indicates otherwise.	65331

Section 223. The amendment of sections 4779.01, 4779.02,	65332
4779.16, 4779.19, 4779.20, and 4779.26 of the Revised Code is not	65333
intended to supersede the earlier repeal, with delayed effective	65334
date, of those sections.	65335

Section 224. * Section 102.06 of the Revised Code is	65336
presented in this act as a composite of the section as amended by	65337
both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General	65338
Assembly. The General Assembly, applying the principle stated in	65339
division (B) of section 1.52 of the Revised Code that amendments	65340
are to be harmonized if reasonably capable of simultaneous	65341
operation, finds that the composite is the resulting version of	65342
the section in effect prior to the effective date of the section	65343
as presented in this act.	65344

Section 225. * Section 121.04 of the Revised Code is	65345
presented in this act as a composite of the section as amended by	65346
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	65347
Assembly. The General Assembly, applying the principle stated in	65348
division (B) of section 1.52 of the Revised Code that amendments	65349
are to be harmonized if reasonably capable of simultaneous	65350
operation, finds that the composite is the resulting version of	65351
the section in effect prior to the effective date of the section	65352
as presented in this act.	65353

Section 226. * Section 124.24 of the Revised Code is	65354
presented in this act as a composite of the section as amended by	65355
both Sub. H.B. 601 and Am. Sub. H.B. 628 of the 123rd General	65356
Assembly. The General Assembly, applying the principle stated in	65357
division (B) of section 1.52 of the Revised Code that amendments	65358
are to be harmonized if reasonably capable of simultaneous	65359
operation, finds that the composite is the resulting version of	65360
the section in effect prior to the effective date of the section	65361
as presented in this act.	65362

Section 227. Section 901.63 of the Revised Code is presented	65363
in this act as a composite of the section as amended by both Sub.	65364
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	65365
General Assembly, applying the principle stated in division (B) of	65366
section 1.52 of the Revised Code that amendments are to be	65367
harmonized if reasonably capable of simultaneous operation, finds	65368
that the composite is the resulting version of the section in	65369
effect prior to the effective date of the section as presented in	65370
this act.	65371

Section 228. * Section 2317.02 of the Revised Code is	65372
presented in this act as a composite of the section as amended by	65373
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General	65374
Assembly. The General Assembly, applying the principle stated in	65375
division (B) of section 1.52 of the Revised Code that amendments	65376
are to be harmonized if reasonably capable of simultaneous	65377
operation, finds that the composite is the resulting version of	65378
the section in effect prior to the effective date of the section	65379
as presented in this act.	65380

Section 229. * Section 2953.21 of the Revised Code is	65381
presented in this act as a composite of the section as amended by	65382
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General	65383
Assembly. The General Assembly, applying the principle stated in	65384
division (B) of section 1.52 of the Revised Code that amendments	65385
are to be harmonized if reasonably capable of simultaneous	65386
operation, finds that the composite is the resulting version of	65387
the section in effect prior to the effective date of the section	65388
as presented in this act.	65389

Section 230.  Section 3317.03 of the Revised Code is	65390
presented in this act as a composite of the section as amended by	65391
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General	65392
Assembly. The General Assembly, applying the principle stated in	65393
division (B) of section 1.52 of the Revised Code that amendments	65394
are to be harmonized if reasonably capable of simultaneous	65395
operation, finds that the composite is the resulting version of	65396
the section in effect prior to the effective date of the section	65397
as presented in this act.	65398

Section 231. * Section 3701.771 of the Revised Code is	65399
presented in this act as a composite of the section as amended by	65400
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	65401
Assembly. The General Assembly, applying the principle stated in	65402
division (B) of section 1.52 of the Revised Code that amendments	65403
are to be harmonized if reasonably capable of simultaneous	65404
operation, finds that the composite is the resulting version of	65405
the section in effect prior to the effective date of the section	65406
as presented in this act.	65407

Section 232. * Section 3701.772 of the Revised Code is	65408
presented in this act as a composite of the section as amended by	65409
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	65410
Assembly. The General Assembly, applying the principle stated in	65411
division (B) of section 1.52 of the Revised Code that amendments	65412
are to be harmonized if reasonably capable of simultaneous	65413
operation, finds that the composite is the resulting version of	65414
the section in effect prior to the effective date of the section	65415
as presented in this act.	65416

Section 233.  Section 4503.12 of the Revised Code is	65417
presented in this act as a composite of the section as amended by	65418
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General	65419
Assembly. The General Assembly, applying the principle stated in	65420
division (B) of section 1.52 of the Revised Code that amendments	65421
are to be harmonized if reasonably capable of simultaneous	65422
operation, finds that the composite is the resulting version of	65423
the section in effect prior to the effective date of the section	65424
as presented in this act.	65425

Section 234. * Section 5101.141 of the Revised Code is	65426
presented in this act as a composite of the section as amended by	65427
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General	65428
Assembly. The General Assembly, applying the principle stated in	65429
division (B) of section 1.52 of the Revised Code that amendments	65430
are to be harmonized if reasonably capable of simultaneous	65431
operation, finds that the composite is the resulting version of	65432
the section in effect prior to the effective date of the section	65433
as presented in this act.	65434

Section 235. * Section 5101.80 of the Revised Code is	65435
presented in this act as a composite of the section as amended by	65436
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General	65437
Assembly. The General Assembly, applying the principle stated in	65438
division (B) of section 1.52 of the Revised Code that amendments	65439
are to be harmonized if reasonably capable of simultaneous	65440
operation, finds that the composite is the resulting version of	65441
the section in effect prior to the effective date of the section	65442
as presented in this act.	65443

Section 236. * Section 5119.61 of the Revised Code is	65444
presented in this act as a composite of the section as amended by	65445
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General	65446
Assembly. The General Assembly, applying the principle stated in	65447
division (B) of section 1.52 of the Revised Code that amendments	65448
are to be harmonized if reasonably capable of simultaneous	65449
operation, finds that the composite is the resulting version of	65450
the section in effect prior to the effective date of the section	65451
as presented in this act.	65452

Section 237.  Section 5123.71 of the Revised Code is	65453
presented in this act as a composite of the section as amended by	65454
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	65455
Assembly. The General Assembly, applying the principle stated in	65456
division (B) of section 1.52 of the Revised Code that amendments	65457
are to be harmonized if reasonably capable of simultaneous	65458
operation, finds that the composite is the resulting version of	65459
the section in effect prior to the effective date of the section	65460
as presented in this act.	65461

Section 238.  Section 5123.76 of the Revised Code is	65462
presented in this act as a composite of the section as amended by	65463
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	65464
Assembly. The General Assembly, applying the principle stated in	65465
division (B) of section 1.52 of the Revised Code that amendments	65466
are to be harmonized if reasonably capable of simultaneous	65467
operation, finds that the composite is the resulting version of	65468
the section in effect prior to the effective date of the section	65469
as presented in this act.	65470

Section 239. * Section 5727.26 of the Revised Code is	65471
presented in this act as a composite of the section as amended by	65472
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General	65473
Assembly. The General Assembly, applying the principle stated in	65474
division (B) of section 1.52 of the Revised Code that amendments	65475
are to be harmonized if reasonably capable of simultaneous	65476
operation, finds that the composite is the resulting version of	65477
the section in effect prior to the effective date of the section	65478
as presented in this act.	65479

Section 240. * Section 5731.21 of the Revised Code is	65480
presented in this act as a composite of the section as amended by	65481
both Am. Sub. H.B. 313 and Sub. S.B. 108 of the 123rd General	65482
Assembly. The General Assembly, applying the principle stated in	65483
division (B) of section 1.52 of the Revised Code that amendments	65484
are to be harmonized if reasonably capable of simultaneous	65485
operation, finds that the composite is the resulting version of	65486
the section in effect prior to the effective date of the section	65487
as presented in this act.	65488

Section 241. * Section 5739.02 of the Revised Code is	65489
presented in this act as a composite of the section as amended by	65490
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd	65491
General Assembly. The General Assembly, applying the principle	65492
stated in division (B) of section 1.52 of the Revised Code that	65493
amendments are to be harmonized if reasonably capable of	65494
simultaneous operation, finds that the composite is the resulting	65495
version of the section in effect prior to the effective date of	65496
the section as presented in this act.	65497

Section 242. If any item of law that constitutes the whole or	65498
part of a codified or uncodified section of law contained in this	65499
act, or if any application of any item of law that constitutes the	65500
whole or part of a codified or uncodified section of law contained	65501
in this act, is held invalid, the invalidity does not affect other	65502
items of law or applications of items of law that can be given	65503
effect without the invalid item of law or application. To this	65504
end, the items of law of which the codified and uncodified	65505
sections contained in this act are composed, and their	65506
applications, are independent and severable.	65507